Personal Injury Updates

Its been almost three years since Washington State Governor Christine Georgoire signed the first-in-the-nation law protecting youth athletes and concussion by removing the child from a game or practice after a concussion and requiring medical clearance by a licensed healthcare provider.  The law was named after Zackery Lystedt.  Since that day, the three key components of the Zackery Lystedt Law are now law in 36 states (most recently Hawaii and Florida) and the District of Columbia.  Since 2009, the Lystedt Family continue to spread their message to ensure that all youth athletes are protected from experiencing the same tragedy by preventing preventable brain injuries.  Richard H. Adler, as Chairman of the Brain Injury Association of Washington has worked with many other coalition partners, including Stan Herring, MD (UW Medicine/Seattle Seahawks Team Physician), over the last three years have with countless Monday lunch phone conferences, presentations, and traveling to deliver the message, “when in doubt, sit them out.”

USA Football reported on the Zackery Lystedt Law, three years later.  Click here to read the full article.

Traumatic Brain Injury (TBI) is a contributing factor to a substantial number of deaths and permanent disabilities each year.  A TBI is caused by a bump, blow, jolt or penetrating injury to the head.  The severity of a TBI may range from “mild” to “severe.”

There are an estimated 1.7 million TBI-related deaths, hospitalizations, and emergency department visits occur in the U.S. each year. Nearly 80% of these individuals are treated and released from an emergency department.  TBI is a contributing factor in one-third of all injury-related deaths in the United States, or about 52,000 deaths annually.[1]

TBI injuries result form a number of causes. Falls are the leading cause of TBI, resulting in over  520,00 TBI-related emergency department visits and 62,000 hospitalizations each year. TBI rates are highest for children aged 0 to 4 years and for adults aged 75 years and older.

Motor vehicle-related injuries are the leading cause of TBI-related deaths.  Motor vehicle–traffic injury rates are highest for adults aged 20 to 24 years.

According to data collected by the Center for Disease Control and Prevention, there was a 14.4% increase in TBI-related emergency department visits and a 19.5% increase in TBI-related hospitalizations  between 2002 to 2006.  Emergency department visits for fall-related TBI saw a dramatic increase between 2002 and 2006. There was a 62% increase in fall-related TBI injuries for children 14 years and younger, and a 46% increase for adults aged 65 and older; 46%.  Hospitalization for fall-related TBI rose 34% while fall-related TBI deaths increased 27% from 2002 to 2006.

Direct medical costs and indirect costs of TBI, such as lost productivity, totaled an estimated $60 billion in the United States in 2000.

There are a few simple things everyone can do to reduce the risk of traumatic brain injury, including:

1. Wearing a seat belt every time you drive or ride in a motor vehicle;
2.  Never driving while under the influence of alcohol or drugs;
3. Wearing a helmet and making sure your children wear helmets when:

• Riding a bicycle, motor cycle, snowmobile, scooter, or ATV;
• Playing contact sports of any kind;
• Using in-line skates or a skateboard;
• Riding a horse;
• Skiing or snowboarding.

4. Make living areas safer for infants and seniors by:

• Removing tripping hazards such as throw rugs in walkways;
• Placing  nonslip mats in the bathtub and on shower floors;
• Installing grab bars in the tub or shower and next to the toilet;
• Installing handrails on both sides of stairways; and
• Improving lighting throughout the home.[2]

Whether you are a sports fan or not, when ESPN covers a story, people listen.  This is especially true the week before the Super Bowl, so when ESPN chose a special story to air during the week leading up to the big game, you just know it is important and a ‘must see.’  Last week ESPN travelled to Maple Valley, WA to do an interview with Zackery Lystedt and his parents, Victor and Mercedes, as part of a special report for its “SportsCenter” television show.  The report focused on “Safety in the NFL,” and the recent and future rule and equipment changes to make the game safer for players at all levels and ages.   The change started in Washington and with Zackery Lystedt.  Two years ago the NFL Commissioner, Roger Goodell, came to Seattle, WA as an Honorary Chair of the Brain Injury Association of Washington’s Annual Fundraising Gala.  Mr. Goodell met Zack, medical specialists, and advocates and credits this visit with changes we are now seeing in the NFL.  The 45 minute episode on ESPN contains a 5 minute feature story on the Lystedts, the law named after him, the Brain Injury Association of Washington, and how the NFL is changing the game.  Zack’s story is one worthy of your time and one that will warm your heart.

ESPN SportsCenters Special Report – Life Changed by Concussions

As the Chairman of the Brain Injury Association of Washington, I was invited to participate in a movie trailer for “A Not So Still Life,” an inspirational documentary of hope and triumph of local artist and traumatic brain injury survivor, Ginny Ruffner. This is an amazing story with a heartwarming message of never giving up and following your passion in life. It’s a 2-thumbs up documentary.

We were very fortunate to have Ginny Ruffner as our keynote speaker at the Brain Injury Association of Washington’s 5th annual Gala, Dinner, and Auction last October at the Grand Hyatt Seattle.

If you are interesting in obtaining a copy of the movie, simply contact my office at 206.682.0300 or email my assistant, kcruse@adlergiersch.com.

A Not So Still Life TBI Testimonial

In October 2010, the issue of concussions and brain injuries had caught the attention of the NFL as seen by the significant fines assessed against players who caused helmet-to-helmet contact during tackles.  The fines were an initial attempt to draw black-and-white boundaries for players and league officials and to send a strong and new signal that helmet-to-helmet hits were now off limits.  The NFL’s actions demonstrated concern about the long term consequences for players and for the future of the sport.  For the remainder of the season, many players appeared unfazed by the new fines and improper hits continued throughout play-offs.   But then again, change like this does not come overnight.

In 2011, whenever football practices and games resume, and in an effort to “walk-the-talk” against helmet-to-helmet hits, the NFL will heighten its fines to reach into the owners’ pockets.  The new rule was designed to force a cascade of implementation requiring coaches to instruct players on safe and proper tackle techniques in this new era.  Despite some objections by players and owners, the NFL has clearly entered a new and enlightened era on protecting the brains of its players and the future of football.  Equally as important, the NFL’s change will have an immediate and longer term cascading effect on youth sports and the need to have greater awareness of risks and consequences when a youth athlete is suspected of having a concussion. This growing awareness will result in the prevention of preventable brain injuries in youth athletes.

As an attorney and advocate for those with traumatic brain injuries ranging from sports concussions to pedestrians struck in a crosswalk, I wholeheartedly agree with the NFL’s stand to make sports safer and protect players.  In 2009, I was fortunate to lead a coalition of local community partners dedicated to making sports safer for youth athletics.  As the then-President of the Brain Injury Association of Washington, we joined with the Centers for Disease Control and Prevention, Harborview Medical Center, the Seattle Seahawks/Sounders FC, University of Washington,  Seattle Children’s Hospital, Washington Interscholastic Activities Association, Washington State Youth Soccer Association, Washington State Athletic Trainers Association, and Cannfield & Associates Risk Managers, to help pass the first-in-the-nation youth sports and concussion.  This law standardized the best medical and coaching practices by requiring the removal from the practice or competition following suspicion of a concussion or head injury until the youth athlete was cleared in writing by a licensed healthcare provider trained in the evaluation and management of concussions.  This law also educates students, parents and coaches to know and understand the signs and symptoms of concussion and “when in doubt, sit them out.”

To read more about the NFL’s new fines, click here to read the full New York Times article.

On January 25, 2011 Attorney, Richard H. Adler, and Dr. Stanley Herring, MD (Harborview Medical Center, Seattle Sports Concussion Clinic) presented “Management of Sports Concussion Injuries with Special Reference to the Zackery Lystedt Law.” The two part presentation began with Dr. Herring outlining the signs and symptoms of concussions, how to properly diagnose and treat a concussion for healthcare providers, and return to play standards and medical clearance for youth athletes. In part two, Mr. Adler discussed the core principals of the Zackery Lystedt Law and how it impacts students, parents, coaches, and healthcare providers by requiring the new ‘Concussion Information Sheet’ to be signed by parents and students and requiring coaches to be trained on concussions and the need to remove students from practice or competition immediately after a concussion. The event was hosted by Seattle Spine & Sports Medicine and attendance was to capacity with an integrated audience including medical doctors, chiropractors, therapists, case managers, and attorneys.

The Zackery Lystedt Law was signed into law in the state of Washington on May 14, 2009. This law was the first in the nation aimed at preventing preventable brain injuries for youth athletes by standardizing the return to play procedures in school districts across Washington State. Several other states have passed similar Lystedt-type laws including Oregon, Oklahoma, Virginia, New Mexico, Connecticut, Idaho, Massachusetts, New Jersey, Texas and Rhode Island. Additional States in progress for passing this law include Florida, Nebraska, Kansas, Indiana, California, Wyoming, Utah, and New York. Mr. Adler drafted the legislation and organized a broad range of community and corporate partners in support of the law in Washington State. And now that the law is passed and getting implemented, Mr. Adler and Dr. Herring continue their work as key individuals in educating and obtaining the support of national sports medicine groups and key organizations across the United States to join their work in having the Lystedt Law adopted in all 50 states in the USA.

Brain injuries and other types of serious head injuries can be caused by many types of trauma. Brain injury can occur with or without an obvious blow to the head in an accident, fall or other incident. Brain injuries require specialized diagnostic and treatment techniques to address the cognitive, functional and emotional effects.

The effects of a traumatic brain injury, whether catastrophic or mild, can affect your daily activities at home and work.