Atlanta Injury Lawyers Blog

Conflicts in Iraq and Afghanistan have unfortunately resulted in an increased number of veterans who have experienced Traumatic Brain Injuries, also known as TBIs. In fact, Traumatic Brain Injury has often been called the "signature wound" of these wars. According to the Department of Defense and the Veterans' Brain Injury Center, 22% of all combat casualties from these conflicts are brain injuries. In the military population, the primary cause of TBIs are from blasts, motor vehicle accidents, and gunshot wounds. And those at greatest risk are young men performing military duties who may have a history of prior concussion or substance abuse.

TBI is defined as when a sudden injury, such as a blow or a trauma to the head interrupts the normal functioning of the brain. Symptoms of a brain injury may be visible right away, or may not surface until weeks or even months after the initial injury.

There are different categories of TBIs. The most common form of TBI in the military is mild concussion. This is a brief loss of consciousness or confusion which can last for up to 30 minutes. A mild concussion may not even show up on a CAT scan or MRI. Some of the more common symptoms are lightheadedness, dizziness, blurred vision, ears ringing, an unusual taste in the mouth, and interruption of normal sleep patterns.

Loss of consciousness for more than 30 minutes, or amnesia after the accident, is classified as Severe Traumatic Brain Injury. The symptoms in this case are more severe, such as a headache that worsens over time or won't go away, weakness or numbness in the arms or legs, slurred speech, dilated pupils, and loss of coordination.

Recovery from a brain injury, whether mild or severe, varies greatly among individuals and depends on various factors, including how severe the injury is and whether the patient has a history of prior concussion(s). Immediate medical treatment is always necessary for preventing further damage and stabilizing the patient. In cases of severe brain injury, surgery may be required to relieve swelling to the brain and to remove or repair any ruptured blood vessels. Medication is available to assist with resulting issues of chronic pain, depression, seizures, and headaches.

Continue reading "TBI (Traumatic Brain Injury) Resources for Military Personnel " »

According to the Brain Injury Association of America, Traumatic Brain Injury (TBI) is the leading cause of both disability and death in children throughout the United States, with the 2 largest age groups being from 0-4 and 15-19. Although it's never possible to protect your child 100% from head injuries or any other type of injury, there are certain things you can do to make sure they are protected as much as possible, and to ensure protection from head traumas. As a father myself, and as a personal injury attorney here in Atlanta, Georgia, I am aware of how easily and unexpectedly an injury can happen. Though some of these might seem like common sense, please review the suggestions below to ensure that your child is as safe and protected as possible from head injury or brain trauma.

Safety in your home:

• If your child is an infant, never leave them alone on a bed, sofa, or other high area, not even for a quick moment.


• When selecting a high chair for your child, make sure you choose one that has a wide base, to prevent it from tipping over. There should be a seatbelt with a crotch strap that goes between your child's legs to prevent him from slipping out. Make sure you always fasten him in using both the seatbelt and the crotch strap. Also make sure the tray is locked securely on both sides. And always keep the high chair positioned at least 12 inches away from the counter or table when your child is in it. This prevents him from pushing off with his feet and turning over the chair.


• If you have firearms in your home, make sure they are locked away safely at all times in a cabinet that is inaccessible to your children.


• If your home is two stories, be sure to use childproof gates on your stairs, both at the top and the bottom of the stairs.


• Don't allow your child to play on trampolines, if possible. Trampolines are a leading cause of injury in children. Even when safety precautions are followed and a safety net is installed, trampolines are still extremely dangerous, according to this report entitled "Trampolines are no Place for Kids, Docs Warn"


• If your child is in a crib, ALWAYS keep the side rails up. Don't step away even for a moment without them up - accidents always happen when you least expect it.


• Be aware of the danger of bunk beds, and don't buy them. If you do have them already, make sure there is a side rail that is in place at night, and that the bed has a sturdy frame.


Automobile safety - Be sure that the car seat you are using for your child is a proper fit for their height and weight. If it's an incorrect fit this can be dangerous, and may do more harm than good. You can check with your local police station to find out where you can have the car seat checked for proper fit at no charge. You can also ask your pediatrician's office for their advice.

Continue reading "Tips for Preventing Head Injuries in Children from Your Atlanta Personal Injury Attorney" »

As a personal injury attorney here in Atlanta, Georgia, who specializes in RSD/CRPS (Reflexive Sympathetic Dystrophy/Complex Regional Pain Syndrome) cases, I see many clients who are sufferers of chronic pain. In many instances these clients have had to visit multiple doctors and medical facilities over a number of years before being properly diagnosed with RSD/CRPS. Therefore I wanted to emphasize how very important it is for you to become your own advocate and to take charge of your own medical treatment. Doing so can lead to early diagnosis and therapy, and early detection and treatment is key in reducing the severity of the condition. You know your body better than anyone else, doctor or otherwise. RSDSA (Reflex Sympathetic Dystrophy Syndrome Association) has an excellent video entitled "Yes You Can - Becoming Your Own Advocate". Below are some tips from the video describing things you can do to become your own best advocate.

• Once you have been diagnosed, it's important to understand as much as you can about the condition. Surf the web, read books, talk with others who have the condition. Get as much information as you can about the different available treatments, and take them to your doctor and discuss with him/her. Also have a list of any questions regarding points you may not understand. Because your time spent with the doctor is brief, you need to try to maximize it as much as possible.


• Keep a pain journal - Have a system to measure your pain on a daily basis, and always write it down. Many people use a scale of 1 to 10, with 1 being the least severe pain and 10 being the most extreme pain. Then when you visit your doctor, be sure to take this with you so that you can figure out any patterns... times when you have more pain, perhaps activities which cause you more pain, etc.


• Make a list of what's wrong, what's hurting, what are you having trouble with - perhaps you now have physical limitations as to what you can accomplish. What's changed since your last doctor visit? Once again, remember to always take your pain journal with you to the appointment.


• Once you have found a good doctor, you then need to investigate all of the available treatment options. There is no single treatment that will work for RSD/CRPS. It has to be a combination of therapies. Perhaps medication plus physical therapy. Though your doctor will make recommendations, it's up to you to actually follow through and make sure that you have covered all available options for yourself.

Continue reading "RSD/CRPS and Your Atlanta Personal Injury Case - Becoming Your Own Best Advocate" »

Lately I've been spending some time searching the web for relevant information and resources for those with brain injury, as well as information to help family and friends learn how to cope. Lash Publishing is a site that is dedicated entirely to brain injury of any type, whether it be TBI in children, adults, veterans, etc.

Lash Publishing has been in business for over 16 years. When they first began, their vision was to be a comprehensive source of information for those dealing with any sort of brain injury, and they wanted to provide information that was different from the academic and medical publications available at the time. 16 years ago, most of the information that was available to the general public on brain injury was complicated information from medical journals and articles, written in scientific or academic jargon. In addition, there was hardly any information to be found regarding brain injury in children. Their goal was to provide such information in a manner that would be comprehensive and easy to read for the average person. They have grown every year since their inception, and they now offer separate catalogues for children and adults.

When they first began, one of the first things they published were called "tip cards". These cards were pamphlets that presented information that was practical, quick, and easy to read. Their very first catalog had 4 of these tip cards, and today it has over 100.

Next they began developing various books and manuals that were larger and had more details. As the company grew, they outgrew their space and moved from New Hampshire to a larger facility in Wake Forest, North Carolina.

To get a feel for what their site is all about, check out their blog. They have information available on everything from "Taking the SATs with a Concussion" to information on a new workbook that focuses on coping skills for brain injury survivors as well as their friends and family. You can also sign up to receive their blog in a newsletter format by clicking here.

Continue reading "A Leading Source of Information on TBI (Traumatic Brain Injury) - Lash Publishing" »

Kevin Pearce had been a snowboarder all his life, and reached the top rungs of the sport at a young age. Then in 2009, while training to compete against his rival Shaun White in the upcoming 2010 Winter Olympics, he suffered a traumatic brain injury when he crashed at a practice in Park City, Utah. Filmmaker Lucy Walker has produced a documentary detailing Kevin's recovery and the struggles he and his family have gone through in the healing process. The film, called The Crash Reel, uses years of footage to show the excitement and appeal, as well as the high stakes, of participating in extreme-action sports. It gives an accurate portrayal of the total impact that a traumatic brain injury has on the entire family, in addition to the survivor.

Kevin says he felt compelled to do the documentary to educate young people in the sports arena and to spread awareness of TBI. "I had 8 or 9 concussions before this and I had never heard of a TBI - now we see it every day in football, extreme sports, it's everywhere," he said in an interview in January of this year.

Walker and Pearce have also teamed up to launch the "Love Your Brain Campaign", which is a social media campaign to raise awareness of TBIs, incentivize and inspire safety, and distribute information to those who are already living with TBI, to ease the process of recovery as much as possible. For more information go to loveyourbraincampaign.org.

A year or so after his accident, Kevin insisted that he would be returning to competitive snowboarding, over his family's strenuous objections. Even though he knew that in his now permanently debilitated state, just a small blow to the head could be fatal to him, he still missed the excitement and the thrill of competition. Now, however, four years later, he has accepted the fact that he won't be returning to competitive snowboarding, though he does still snowboard for relaxation and enjoyment.

The HBO documentary shows footage of many of Kevin's brutal ski and snowboard crashes over the years, then his final devastating crash resulting in the traumatic brain injury in 2009, and then documents his recovery, all the way from his stay in the neurocritical care unit of the hospital to present day. While the film is more inspiring than depressing, it does an excellent job of illustrating the huge physical toll on the body of participating in extreme action sports.

Continue reading "HBO Documentary Chronicles Recovery of Pro-Snowboarder and Traumatic Brain Injury (TBI) Survivor Kevin Pearce" »

As a Traumatic Brain Injury attorney in Atlanta, Georgia, I am very familiar with the devastating consequences that result from a TBI. The brain injury survivor's family is affected drastically as well as the patient. Major changes are required in almost every area of life.

Brain Injury is probably the least understood of all the major illnesses. Because our brain determines our personality and our behaviors, a brain injury survivor may seem like an entirely different person after the accident.

Brain injury may not be readily obvious to outside observers, and the brain injury survivor may be thought to have mental illness or to be under the influence of drugs or alcohol. Traumatic Brain Injury survivors usually experience rapidly changing moods and behaviors that they cannot control. Anger, frustration, extreme depression, rage, fear, unexplained outbursts, withdrawal, and impulsivity are all common. And they can change from one end of the spectrum to the other in an instant with no apparent cause.

Family members are often scared and overwhelmed by the changes in their loved one and the changed family dynamics. The other partner in the marriage may have to make drastic changes to their role within the family, becoming the primary source of income as well as full-time caregiver to the patient. They may feel as if they now have another child rather than a partner. They may feel alone and fearful about the uncertainty of the future, as well as fearful about financial matters, such as huge medical bills.

The brain injury survivor may feel frustration and helplessness for numerous reasons, perhaps because they cannot do all the things they used to do, or because they may not be able to control their moods or actions. They may have lost the ability to drive or to work outside the home. And their doctors or therapists may not be able to give them the straightforward answers they need, such as "how do I control my emotions"? There are no simple solutions in cases like these.

This is where a TBI support group can be of immense benefit, both to the survivor and to the family members and friends affected by the injury. The group understands and can relate to the frustrations and grief that those outside the immediate situation cannot. The group, because they understand, can accept behaviors resulting from the brain injury that may be deemed socially unacceptable by the general population. They can be a source of social interaction and encouragement.

Continue reading "Traumatic Brain Injury (TBI) - How You and Your Loved Ones Can Benefit from Brain Injury Support Groups" »

While surfing the web for new CRPS/RSD information, I saw a notice for an upcoming retreat especially for RSD/CRPS patients from Saturday, July 27th to Sunday, July 28th of this year, at the Blue Lotus Farm, located in West Bend, Wisconsin. This is a good opportunity to connect with others who are experiencing the same life challenges as a CRPS patient as you are. The Blue Lotus Farm is a non-profit retreat center that caters to those dealing with debilitating illnesses and conditions and their caretakers. Though travel is physically hard and financially expensive for those of you who are CRPS patients, it would be a valuable experience if you are able to go.

I found the retreat mentioned on the Midwest CRPS Support website. Midwest CRPS Support is a group that is located in the Milwaukee, Wisconsin area that is dedicated to increasing awareness of CRPS in relation to treatment options, research, and increased conversation on the topic in general. Though it looks like a fairly new website, their hope is to be able to help CRPS patients at any point in their diagnosis, and to bring like-minded people together.

The impetus for starting the Midwest CRPS Support organization was a CRPS patient named Mia DeFino, who was diagnosed with the condition in September of 2011. After Mia was diagnosed with RSD/CRPS, she worked together with her family, boyfriend Lenny, and friend Katy, to start a website that RSD/CRPS patients could access online to find peer support and resources. Read more about Mia's story here.

Here are several unique features of their site:

• Click here to participate in a CRPS wound healing survey, which is being conducted by researchers in the state of Michigan to figure out why CRPS patients' wounds heal more slowly than others.
• Under their Resources tab is a link to Authentic Happiness, a website created by the founder of Positive Psychology, Dr. Martin Seligman. This information can be helpful to RSD/CRPS patients as previous research has suggested that keeping an optimistic outlook can be extremely beneficial to those dealing with chronic pain. They have different questionnaires to help you assess your current happiness level, and to learn techniques for improvement. I thought this information looked very valuable and believe it could be helpful to anyone.


• Also under the Resources tab is a link to CRPS Research Around the World, which has links to various organizations and faculties conducting ongoing RSD/CRPS research.


• Here are some excellent books they recommend under the Resources tab, if you are a reader, both inspirational and encouraging in general for those dealing with difficult life challenges, as well as books directly related to RSD/CRPS patients.


• From their Home page, if you scroll to the bottom, on the right hand side there is a link to What is CRPS that provides some very good information for explaining to those unfamiliar with RSD/CRPS, exactly what it is and how you are affected by it, even though at times you may "appear" to be fine.


• I found this link to their Archives section which has information from past months back to August of 2012. Here is a very interesting article which you can find under December 2012 called The Spoon Theory , which describes what it is like to live with chronic illness that others do not have a conception of, and the unique way that the author explained it to her best friend.




Continue reading "Midwest Retreat for those Afflicted with RSD/CRPS (Reflex Sympathetic Dystrophy/Chronic Regional Pain Syndrome) on July 26 - 28th, 2013" »

It seems as if high school football has been in the news quite a bit lately, as football-related concussion awareness is at an all time high. President Barack Obama recently commented that even though he is a fan of football, if he had a son, he would have to think long and hard before allowing him to play. The CDC (Centers for Disease Control) in Atlanta, Georgia says that sports concussions have reached epidemic proportions. Research has shown that concussions can be much more serious than originally thought years ago, and in some cases may even be fatal. A new study reports that concussion from high school sports is rising at an annual 15%, and as it does, high school football participation rates have dropped 15 to 20% due to increasing parental concern. Football tops the list of all high school sports in concussion rates, accounting for more than half (56.8%) of all concussions. Many of these occur from player-to-player contact (76.2%), the most common being head-to-head. According to Momsteam.com, high school athletes sustain an estimated 300,000 concussions per year, and on the average, at least one high-school football player sustains a concussion in nearly every American game.

In 2010, Spring Hill, Kansas high school senior Nathan Stiles collapsed and later died after playing in his first football game following an earlier concussion, which probably had not fully healed before he was cleared to play again. After the original concussion, Nathan sat out for several weeks, had no lingering symptoms, and got his doctor's okay before returning to play. But in his first game back, after a hard tackle, he collapsed on the sidelines and lost consciousness after telling someone next to him that "my head is really hurting." He died later at the hospital.

In a similar case, in 2011, a Phoenix, New York high school player, 16 year old Ridge Barden, collapsed on the field after a particularly hard hit from an opposing player. He complained of a headache and fell when he tried to stand up. He was rushed to the hospital where he later died. A short time later the autopsy revealed the cause of death was bleeding to his brain due to blunt force trauma.

NFL players are adults and old enough to make their own decisions, but it's up to us to make these decisions for our children. And, unlike the NFL, there is no single governing body for high school football. Each state has its own association, and each association makes its own rules. Perhaps in the past we didn't have full knowledge of the possible risks of concussion. But in this day and age we do.

A recent study shows that between 4 and 4.5 million children in the United States play football annually. Purdue Biomedical Professor Eric Nauman has studied the impact of brain injuries on high school football players, and says, "Young athletes are at an increased risk for brain injuries because their brains are still developing, therefore it's extremely important to limit the severity of head impacts."

And according to research by the New York Times, at least 50 youth football players, (youth being defined as high school age or younger) from 20 different states have either died or suffered serious head injury since 1997.

Headache is the most common symptom of concussion, followed by dizziness or unsteadiness, trouble concentrating, disorientation or confusion, and vision changes or sensitivity to light. Actual loss of consciousness is uncommon, occurring less than 5% of the time.

Continue reading "Is Your High School Football Player at Risk of TBI (Traumatic Brain Injury) ?" »

If you live in the state of Georgia and you or someone you love suffers from a traumatic brain injury (TBI), the Brain Injury Association of Georgia is a great resource. Founded in 1982, and comprised of brain injury survivors, family members, friends and professionals, their goal is to improve the quality of life for those with a traumatic brain injury, as well as family and friends.

According to BIAG, Georgia has an estimated 50,000 suspected Traumatic Brain Injuries (TBIs) per year, yet Brain Injury is still relatively a "silent" condition, not well publicized or noticed.

For more information on their organization, or if you would like to speak with someone in person about your individual situation and the effects of brain injury, you can call their Brain Injury Information Center Helpline at 800-444-6443 for a Brain Injury Information packet, or to get information on available resources for yourself or a loved one. You can also reach them via email.

They have support groups located throughout Georgia for survivors, family, and friends. Support groups are a safe environment to share feelings and interact with others who are dealing with the same issues. Their groups are based on the belief that "acceptance by and connection with others is critical in the healing process from trauma." Scroll down this page for a listing of support groups organized by county.

Their Advocacy tab has a link to assist you in locating the elected official for your area, a link to the Georgia General Assembly, and other links with information on current Georgia laws and important legislation as related to Traumatic Brain Injury.

Under the Education tab are articles, books, and other information on Prevention of TBI and Living with TBI. Under the "Living with TBI" section of the page is a great brochure entitled Challenges, Changes and Choices: A Brain Injury Guide for Families and Caregivers. It's a very thoughtfully written pamphlet, created by the mother of a TBI patient, which tells you exactly what to expect and what types of things will need to be handled at every stage of the recovery process, whether at the hospital, with the doctors and medical providers, insurance companies, or on the home front.

If you are a parent with children who participate in sports, you will want to check out the video called A Concussion is a Brain Injury, located under the Resources tab, in the "Media Events" section. The video is part of a public awareness campaign focusing on sports injuries and the fact that concussions that occur during sporting events are brain injuries, even when no loss of consciousness occurs. There is also an article along the same lines in the Education section called Paying Attention to a Mild Head Injury, which explains that a hematoma or a concussion are both forms of TBI and should be treated seriously. In addition to the articles and videos on their own site, they also have a link to Lash & Associates Publishing, which is a site devoted entirely to Brain Injury informational articles and books, as well as blogs and a monthly newsletter.
Read about the upcoming TBI Awareness events in Georgia on March 16th, 23rd, and 30th, under the Calendar of Events. You can also make a donation here, or join the Brain Injury Association from this page, to show your support.

If you are a veteran with brain injury issues, there is a page for Veterans Programs and Resources. 90% of combat-related head injuries are closed head injuries, therefore not always apparent. This has given TBI the nickname "The Invisible Injury". Blasts are a common cause of TBI for military personnel in war zones. Click here to read more.

You can contact their Peer Visitors for Veterans program to request a visit or to volunteer as a visitor to other TBI veterans in need. There is also a VA Support Group, led by Tom Houchins. You can reach them by calling 404-712-5504, email them at info@braininjurygeorgia.org or call their toll free National Help Line at 800-444-6554.

Under News and Current Events you can check out their quarterly Newsletter, and read about other Traumatic Brain Injury/TBI news and events. The site has a lot of helpful information, and it's a great place to start if you are just becoming familiar with Traumatic Brain Injury and want to know more about resources for yourself or a loved one.

The impact on a person and their family after a severe Traumatic Brain Injury can be devastating emotionally, financially, and physically. If you or a loved one has suffered a traumatic brain injury as the result of someone else's negligence, call us for help. We will talk to you and review your case for free.

The Tyrone Law Firm specializes in representing those who have suffered a devastating injury, such as traumatic brain injury resulting from the negligence of another. Nelson Tyrone handles Brain Injury, Spine Injury and RSD/CRPS cases throughout the United States. He recently obtained the largest medical malpractice verdict in the history of Gwinnett County in a birth injury Traumatic Brain Injury/TBI case. He involves only the top medical, rehabilitation and life-care plan experts in the field. His results on behalf of clients include several of the largest settlements and verdicts on record.

You can reach us at 404-377-0017 or via email at admin@tyronelaw.com. If we can't help you, we will do our best to put you into the hands of lawyers who can.

Here is a great resource for women who suffer from chronic pain, including RSD/CRPS (Reflex Sympathetic Dystrophy/Chronic Regional Pain Syndrome). Forgrace.org was started by RSD patient Cynthia Toussaint in 2002. The site is dedicated to ensuring the ethical treatment of all women dealing with chronic pain. Based on Cynthia's experience with multiple doctors over many years and her observations of other pain patients, she came to the conclusion that women suffering severe pain are frequently not taken seriously by their doctors and do not receive the same level of treatment as their male counterparts. The main goal of forgrace.org is to empower women to become better advocates for themselves and their pain and to increase awareness of the gender disparity women experience worldwide in the assessment and treatment of their pain.

In 1982, her senior year in college, Cynthia pulled a hamstring in her right leg while in ballet class. Being a ballet dancer and being accustomed to such injuries, she expected the tear to heal, however, after 8 weeks, it was worse instead of better. She went to several doctors with no results, and in fact, was ridiculed by them. One doctor suggested that she was fabricating the pain due to stage fright, while another asked her to take a truth serum to admit she wasn't really in pain. Yet a third doctor, when she asked him "what should I do", said "Shoot yourself in the head".

18 months after the initial injury to her right leg, Cynthia then injured her left leg. She continued to visit different doctors in her quest for a solution to her pain, including a neurologist and orthopedist. They didn't seem concerned about the pain and simply wrote her prescriptions for anti-inflammatories. As time passed, she eventually was no longer able to walk and was confined to a wheelchair. Time and time again, she was told that there was no reason for her to be in pain because her injuries had healed, that there was nothing wrong with her, and that she was simply suffering from emotional problems.

Many of her friends and family began to disappear from her life. Those who had been close to her began doubting her because there had been no diagnosis over the years. Her husband John was one of the few people who still supported her and stuck by her and was by this time, her primary caretaker. In 1990, eight years after her initial injury, the pain had spread to both her arms, then on through her entire body. It was at this point that she began to contemplate suicide.

One day John was reading the newspaper and came across an article about pain. For the first time he had the realization that pain could be its own problem, rather than a secondary problem to an underlying issue.

Immediately after this, they made an appointment with a doctor specializing in treating pain disorders. Cynthia went to the appointment on a gurney, because she had been bedridden for so long that she was unable to walk. One thing she liked right away about this doctor was that he took her seriously and told her that they would work on the problem together as a team. He diagnosed her with RSD and prescribed anti-seizure medication, which calms down the nerves in the spinal cord and interrupts the pain loop from spinal cord to brain, and then got her into intensive physical therapy, which is crucial with RSD. For the first time, Cynthia's condition began to improve, and the functionality of her limbs began to return. Within 3 ½ weeks she went from being wheelchair-bound to walking short distances.

This doctor was Dr. Edward Carden, a renowned pain management doctor who specializes in the treatment of RSD/CRPS. In an interview, Dr. Carden states, "When you have pain that is out of proportion to the injury for which there is no logical explanation, then it's RSD until proven otherwise".

Left untreated for many years despite her best efforts, Cynthia's RSD had spread throughout her entire body, at one point even affecting her vocal cords and leaving her unable to speak for 5 years. After finally being diagnosed by Dr. Carden in 1995, her relief was palpable. She was not crazy - her pain had a name. From her own experiences and observations, she was now aware that in many cases men with chronic pain seemed to be receive better treatment from their doctors than women. Females who complained of pain were more likely to be dismissed as hormonal or emotional, and were often prescribed sedatives to deal with their pain, while men complaining of the same chronic pain were prescribed painkillers and recommended for surgery to eliminate their source of pain.

After her ordeal, Cynthia started forgrace.org to increase awareness of the disparities between the treatment given to men and women pain patients, and to encourage women to take charge of their treatment and to become their own advocates for their pain. Much information of value can be found on this site. Under the Resources link, you will find numerous articles and reports discussing the differences in pain experiences between men and women, from how they are treated differently by the healthcare system to how they actually experience pain differently in their bodies. Click here to view the International Association of Pain's checklist of "Differences in Pain Between Women and Men".

Under the Media Kit tab is a Fact Sheet which outlines many points about chronic pain and the differences between men and women. Also under this tab is a listing of articles, radio and television interviews that Ms. Toussaint has given with major news shows, including being featured on a segment on Mystery Diagnosis on the Discovery I.D. channel.

Helpful information can be found under About Women in Pain, such as "101 Ideas to Empower Women in Pain". Be sure to read numbers 78 through 89, which is the Clinical Advice section. It tells you how to talk effectively to your doctor, and discusses a rating scale to help you measure your pain.

Under WIP Advocacy Tools are some ideas for increasing awareness of the "pain gender divide" in your own community.

Cynthia has written a book entitled Battle for Grace: A Memoir of Pain, Redemption and Impossible Love, which is scheduled for release later this month (Feb. 2013). It discusses her 30 year battle against pain and the healthcare system which failed her.

Rather than being bitter, Cynthia says she is now able to look at her condition as a gift, as it has enabled her to listen to her inner voice, follow her instincts, and reach out to begin helping other women struggling with the same issues.

In summary, if you are a woman with chronic pain, don't ignore your pain. Early diagnosis can be key to successful treatment. Get a second, third, or even fourth opinion if necessary.

If you would like to make a donation to forgrace.org to support their continued efforts to spread awareness, click here. They accept donations online, by phone, or by mail.

Continue reading "For Women With RSD/CRPS (Reflex Sympathetic Dystrophy/Chronic Regional Pain Syndrome) or Chronic Pain: Forgrace.org" »

I am a motorcycle rider. I know firsthand the dangers involved and spend a lot of time thinking about how to be safe. I have also represented catastrophically injured motorcycle riders and their families where another driver's negligence caused a wreck.

Motorcyclists have a higher chance of being in a fatal crash than other drivers. The most common cause of motorcycle accidents is other drivers not seeing the motorcycle, even in broad daylight, primarily due to the fact that a motorcycle is much smaller than a car or other vehicle. According to nolo.com, the most dangerous situation for motorcyclists to be in is when cars are making left hand turns. This accounts for 42% of all accidents involving motorcycles and cars.

The Georgia Governor's Office of Highway Safety's latest statistics report that 7 out of 10 Georgia motorcyclists were killed in crashes in 2009. The total motorcycle fatalities for 2009 in Georgia was 140. Fulton County had the highest fatality rate, with second place being shared by Cobb, Gwinnett, and Hall Counties.

Though motorcycle safety might seem like common sense, if you are a motorcyclist, it's a good idea to review the rules of the road periodically. There are numerous pamphlets and online resources available on the topic, but if you are busy and haven't had time to read one, here is a short list of safety tips.

1) One thing that all motorcyclists should do is take a riding course. Usually the Department of Driver services in your state will have motorcycle courses available, and they may provide license waivers or other benefits if you enroll in and successfully complete one of their courses. For example, in Georgia, the DDS (Department of Driver Services) waives the written and riding portions of your Motorcycle License application for 90 days from the completion date of your course. Go to Georgia DDS website to check out course options. They have several different classes available through the Georgia Motorcycle Safety Program (GMSP), from a Basic course for someone who has never ridden before to refresher courses for experienced bikers who just want to brush up on their skills or knowledge. In their basic course, motorcycles and helmets are provided. If you own a scooter, you may also participate in the training, as the same basic rules apply and scooters are also considered vehicles of the road. The proper training can save your life.

Continue reading "8 TIPS FOR MOTORCYCLE SAFETY IN GEORGIA FROM YOUR ATLANTA ACCIDENT ATTORNEY" »

(The following article was written by Nelson Tyrone for American RSDHope.org. It is presented in 3 parts. See below for Part 3 of 3)

3. The Need For Medical Testimony From Your Treating Doctors.

Up until now we have only been discussing the "proof of negligence" part of your lawsuit. However there is an equally important part of your suit: the "proof of damages" part.

If you suffer from RSD it may have taken your doctors a while to diagnose it. Many RSD sufferers may have started with an orthopedist or even a family doctor following a traumatic injury that may have seemed minor at the time. If you developed RSD as a result of negligent medical care you may have had post-surgery visits with a neurologist or neurosurgeon.

By the time you are diagnosed with RSD you are likely under the care of an Anesthesiologist / Pain Management doctor. You may also be under the care of a Physical Rehabilitation Medicine Doctor. Over the course of your care you will likely be treated by Physical Therapists. You may also followed by a Psychiatrist. Frankly, the list of doctors an RSD sufferer may see before finally identifying a doctor familiar with RSD can seem endless.

Once you are under a competent doctor's care for treatment of your RSD your doctor may have identified a long list of treatment modalities including prescription medications, Stellate Ganglion Blocks, Ketamine or a trial of a Spinal Cord Stimulator or an Intrathecal Pain Pump.

Whatever the treatment you have received following your diagnosis of RSD it is likely to have involved several doctors and a long course of attempts at different treatment options.

Continue reading "Don't Doctors Just Stick Together? (How Do I Get Other Doctors to Testify Against My Doctor if it is a Clear Case of Negligence?)PART 3 OF 3" »

(The following article was written by Nelson Tyrone for American RSDHope.org. It is presented in 3 parts. See below for Part 2 of 3)

1. Requirements For Medical Testimony Before The Lawsuit Is Filed:

Many states have special requirements for filing professional negligence (including medical negligence) lawsuits that are not required for Plaintiffs filing other types of injury suits. In Georgia, for example, a Plaintiff must, at the time of filing a medical negligence suit, attach a sworn Affidavit from a physician in the same field of medicine affirming that the physician has reviewed the Plaintiff's case and can offer the opinion that the doctor or nurse at issue violated the standard of care for medical professionals generally. Arizona has an "affidavit of merit" law. North Carolina does not require an Affidavit, but requires that the Plaintiff affirm in the lawsuit that a medical professional in the same profession has reviewed the Plaintiff's claim and has determined it is meritorious. Many other states have similar requirements.

I have had doctors tell me, candidly, that they would not offer an Affidavit against a doctor practicing in the same community regardless of the circumstances. Most lawyers would probably agree this is the general rule: that the "code of silence" within the medical community does indeed exist. However, in cases where the doctor's negligence was significant, I have also had doctors provide an Affidavit against a doctor from the same state.

In general, your lawyer may need to reach outside the immediate community - or even outside the state - in order to obtain a pre-suit Affidavit in order to bring a medical negligence lawsuit on your behalf.

2. The Need For The Medical Testimony Of An Expert During Litigation To Support That The Defendant Doctor Violated The Standard Of Care.

All medical negligence cases (regardless of whether your state requires a pre-suit Affidavit) require that the Plaintiff put forth expert medical testimony during litigation that the doctor (or nurse) violated the standard of care. Like the pre-suit requirement, most lawyers would agree that this expert will likely come from outside the community where the Defendant doctor practices.

Again, this is a job for your lawyer, not for you. Even if you had the time and the inclination to attempt to research experts in the requisite field of medicine and contact their offices, they would probably not speak with you. The top expert in any given field who are willing to be involved in litigation will often only get involved in litigation if they are comfortable with the reputation and the experience of the lawyer on the case. What this means is that no matter how hurt you are and no matter how poor a job your doctor did in caring for you, the best medical experts will not return your call. My best advice is this: find a top - notch lawyer and they will find a top - notch expert for your case.

Continue reading "Don't Doctors Just Stick Together? (How Do I Get Other Doctors to Testify Against My Doctor if it is a Clear Case of Negligence?) PART 2 OF 3" »

The following article was contributed by Nelson Tyrone of the Tyrone Law Firm to CaseMetrix Legal Database service in March of 2013, for upcoming publication. Please read below for more information on birth injury cases and how to present them to a jury.

Our firm recently had success in a birth injury case in Gwinnett County, Georgia. In that case we represented the family of Kailey Watson against the labor and delivery team that delivered her and the hospital where they worked. Following her delivery, Kailey was diagnosed with Cerebral Palsy. The term "cerebral palsy" refers to several different kinds of permanent brain injuries that occur before, during, or shortly after birth. Victims of cerebral palsy can suffer a variety of symptoms including: limited movement, speech difficulties, learning disabilities, visual problems, hearing problems, and Epilepsy, seizures or spasms. Kailey suffered many of these. And by the time of trial Kailey was a ten year-old girl who suffered grand-mal seizures, had limited use of her right arm and leg, and whose intellectual development had stopped at the level of a three year-old.

In Kailey's case the jury was faced with two very different stories of how her injuries occurred. Our story was that she had suffered a Hypoxic injury (lack of oxygen during delivery). The Defense claimed she had developed an infection. Although there was medicine and experts supporting both sides, the jury found our story the most credible. They returned a verdict for Kailey of $12.9 Million Dollars.

The purpose of this article is to provide three things: first, a primer for lawyers on actionable birth injuries and to give them a very basic starting point if they have a parent who comes to them with a child who has suffered complications from delivery like Kailey. Second, an outline of the kinds of experts and their specialties that are often required to successfully litigate a birth-injury case. And third, a reminder to "keep it simple" when teaching complex medicine to a jury.

I. Common Types of Birth Injuries
There are several common types of injuries (and causes of injuries) that lawyers are referring to when they refer to "birth injuries". Though not a complete list, in general, there are birth injuries that result from Hypoxia (a lack of oxygen to the unborn baby); injuries that result from difficulty delivering the baby's shoulder (called Shoulder Dystocia); and injuries that result from attempts to extract an unborn baby during delivery (forceps or suction injuries).

Fetal Distress from lack of oxygen (Hypoxia): Fetal distress, or hypoxia occurs when the unborn baby is deprived of oxygen, often because of umbilical cord complications. The first indication of fetal distress is an abnormal heart rate. In a competent labor and delivery team the unborn baby's heart rate should be carefully monitored by doctors and medical staff using electronic fetal heart equipment such as the fetal heart monitor (a device that registers both the unborn baby's heart rate in conjunction with the mother's contractions.) If an abnormality is found suggesting that the unborn baby is not tolerating the labor well, there are immediate steps that can and should be taken to prevent birth injury, including:

• Giving the mother more oxygen,
• Stopping the use of Pitocin (which stimulates contractions),
• Turning the mother onto her left side, or
• Delivering the baby as quickly as possible using forceps or by Caesarean Section (C-Section).

Continue reading "A Primer on Birth Injury Cases and How to Keep Them Simple" »

March is Brain Injury Awareness Month. If you are able, please show your support by participating in one of these events in the state of Georgia. Details listed below:

Saturday, March 16th - Brain Injury Awareness Walk in Augusta, Georgia.
The Augusta Brain Injury Support Group will be hosting their 4th Annual Brain Injury Awareness Walk. Their goal for this year is $10,000.
From 10am to Noon, at the Columbia County Library.
Cost: $20.00 for Individual, $10.00 for Brain Injury Survivors. (includes a t-shirt and lunch)
Visit their website to register, sponsor a participant or for more information.
Click here to download a copy of their their flyer.

Saturday, March 23rd - "Brain Power" Walk for Brain Injury in Savannah, Georgia.
The Grey Matters Support Group will be holding their annual Brain Power Acquired Brain Injury Awareness Walk.
From: 9:00 a.m. to noon at Lake Mayer
Cost: $15.00. (Includes a t-shirt and breakfast)
Click here to download a copy of their flyer and for registration details.

Saturday, March 30th - Swim for Brain Injury in Woodstock, Georgia.
Seminole Spirits will be raising money incrementally by swimming. Your contribution will help newly injured brain injury survivors with their ability to speak clearly to others and re-learn their speaking skills, as well as obtain direction to find emotional support, as well as a chance to attend Camp Hardgrove, which is a camp for adults with brain injuries.
From: 10:00 am to 3:00 pm at Gold's Gym in Woodstock, Georgia.
Cost: $5.00 per swimmer; Pledge $.50 per lap.
Click here to download a copy of their flyer.

If you are not able to participate in one of these events, some other things you can do to show your support for the brain injury community in Georgia are:

• purchase a stainless steel water bottle, either for yourself or to give as a gift. To do so, contact Brain Injury Association of Georgia at 404-712-5504 or at jane@braininjurygeorgia.org
• Make a donation to Brain Injury Association of Georgia.
• Become a member of Brain Association of Georgia here.

Continue reading "Show Your Support for Traumatic Brain Injury in Georgia - Participate in These TBI Awareness Events for the Month of March" »