After only a year, the Commonwealth of Massachusetts has settled a class action lawsuit with five named plaintiffs and two brain injury advocacy organizations. The suit, filed last year in Springfield, sought to compel the State to provide community based care to nursing home brain injury patients. Roughly 2000 of these patients alleged that their lives had become isolated and fruitless because they were confined to nursing homes, a violation of federal law.
Governor Deval Patrick’s administration and the plaintiffs reached a preliminary agreement where the 2000 brain injury patients residing in nursing homes will now be able to move toward community placements or other enhanced services. The agreement will cover those who have suffered sudden brain injury or unexpected illnesses – such as strokes, but will not cover those with congenital brain injuries or degenerative conditions such as Alzheimer’s.
By providing brain injured patients with better services, it puts them on par with other disabled groups in Massachusetts. The settlement calls for an assessment of those living in nursing homes. Depending on the evaluation, patients may then be considered for placements in a community setting or even their own homes with trained caregivers. Outreach programs will also be established and medical professionals will be educated on evolving programs.
The settlement calls for a tiered implementation. About 300 patients will be moved to community settings within three years, and 1,000 will then be moved annually. The programs will call for a $50 million investment from the state and the federal government.
With this landmark settlement, patients will now be able to live more convenient lives among family and friends, while also receiving better healthcare.
Click here for more information.
Monday, June 16, 2008
MASS BRAIN INJURY PATIENTS FILE CLASS ACTION SUIT AGAINST THE COMMONWEALTH FOR LACK OF COMMUNITY-BASED CARE OPTIONS
Last year, in an unprecedented attempt to force the Commonwealth of Massachusetts to take action to normalize the lives of brain injury patients, four Bay State citizens and the Brain Injury Association of Massachusetts filed a class action lawsuit against the state and the Deval Patrick Administration. The lawsuit, filed in U.S. District Court in Springfield, MA, alleges that the Commonwealth has failed to provide community-based care for brain injury patients, thereby leaving thousands of severely handicapped residents to face a lifetime of nursing home confinement, a violation of federal law. The plaintiffs state that the lawsuit was filed as a last resort after decades of seeing no changes.
Advocates for the patients say approximately 2000 Massachusetts residents with severe brain injuries have asked to be moved to community based care, where they could live among friends and family, while simultaneously being afforded access to trained caregivers.
While some may believe this lawsuit to be rather tenuous, the plaintiffs argue that it is anything but. One of the plaintiffs, Catherine Hutchinson, who suffered a paralyzing stroke 11 years ago, says her life in nursing homes has left her feeling isolated, living a life with little privacy and freedom.
Presently, Massachusetts spends over $900 million per year on community-based, long-term-care-services. While this figure is steadfastly approaching $1 billion dollars, thousands of handicapped citizens are still living isolated lives in nursing homes. The lawsuit, therefore, does not seek to recover monetary damages, but rather it calls on the state to institute policy changes within the next five years to provide community care options to all brain injury patients.
Although only four plaintiffs are listed, the lawsuit seeks to represent all Bay State brain injury patients residing in nursing homes. The members of the class will ultimately be decided by a federal judge.
Representatives for the State have addressed the lawsuit with assurances that providing such care to brain injury patients is a priority for the Commonwealth and they would like to learn more about the individual concerns of patients and properly address them. This response was taken as a flat out rejection by the Plaintiffs, paving the way for an undoubtedly long legal battle.
Click here for more information.
Advocates for the patients say approximately 2000 Massachusetts residents with severe brain injuries have asked to be moved to community based care, where they could live among friends and family, while simultaneously being afforded access to trained caregivers.
While some may believe this lawsuit to be rather tenuous, the plaintiffs argue that it is anything but. One of the plaintiffs, Catherine Hutchinson, who suffered a paralyzing stroke 11 years ago, says her life in nursing homes has left her feeling isolated, living a life with little privacy and freedom.
Presently, Massachusetts spends over $900 million per year on community-based, long-term-care-services. While this figure is steadfastly approaching $1 billion dollars, thousands of handicapped citizens are still living isolated lives in nursing homes. The lawsuit, therefore, does not seek to recover monetary damages, but rather it calls on the state to institute policy changes within the next five years to provide community care options to all brain injury patients.
Although only four plaintiffs are listed, the lawsuit seeks to represent all Bay State brain injury patients residing in nursing homes. The members of the class will ultimately be decided by a federal judge.
Representatives for the State have addressed the lawsuit with assurances that providing such care to brain injury patients is a priority for the Commonwealth and they would like to learn more about the individual concerns of patients and properly address them. This response was taken as a flat out rejection by the Plaintiffs, paving the way for an undoubtedly long legal battle.
Click here for more information.
Thursday, June 12, 2008
Walmart sues Brain Injury Victim for $470K
A brain injury is devastating to every facet of an individual’s life. It can also prove to be very costly. Debbie Shank is a tragic example that outlines the devastating effects of a brain injury case. Debbie led a normal life as both a wife and mother for many years until May of 2000. While driving home on a highway in Missouri Debbie was hit head-on by a tractor trailer; this crash resulted in the complete destruction of her vehicle and series and permanent injuries to her own body. Upon impact she had gone through the windshield and underwent severe head trauma. It was discovered soon after that Debbie had sustained severe and irreparable brain damage that would leave her without short term memory.
When it came to paying for the medical expenses Debbie was covered. She was employed with Walmart at the time of the accident and was covered under the health and benefits plan she had signed. In addition to this a settlement with the trucking company in 2002 left her with $417,000. All seemed fine in this situation but the case was about to take a turn for the worst for Debbie and her family.
What Debbie didn’t realize is that under her health and benefits contract all medical expenses were to be paid in full by Walmart unless the beneficiary was to receive a settlement for that injury. In the event of a settlement Walmart reserved the right to recover any past medical expenses regarding the injury and in 2005--that’s exactly what they did. The Court ruled in favor of Walmart for the full amount of $470,000.
Although the attorney representing the Shank’s says Walmart is only entitled to around $100,000; the Shank’s face grave financial danger. While Jim Shank works two jobs to try his best to keep up with the expenses surrounding therapy and a nursing home, he is quickly beginning to fall short.
When Jim tried to appeal the case he again was met with no success. His last attempt is with the United States Supreme Court and it is still unclear as to whether or not the petition will actually be heard. The expenses from the devastating brain injury continue to pile up as Debbie’s trust account is now frozen; a solution to the case is not yet in sight.
When it came to paying for the medical expenses Debbie was covered. She was employed with Walmart at the time of the accident and was covered under the health and benefits plan she had signed. In addition to this a settlement with the trucking company in 2002 left her with $417,000. All seemed fine in this situation but the case was about to take a turn for the worst for Debbie and her family.
What Debbie didn’t realize is that under her health and benefits contract all medical expenses were to be paid in full by Walmart unless the beneficiary was to receive a settlement for that injury. In the event of a settlement Walmart reserved the right to recover any past medical expenses regarding the injury and in 2005--that’s exactly what they did. The Court ruled in favor of Walmart for the full amount of $470,000.
Although the attorney representing the Shank’s says Walmart is only entitled to around $100,000; the Shank’s face grave financial danger. While Jim Shank works two jobs to try his best to keep up with the expenses surrounding therapy and a nursing home, he is quickly beginning to fall short.
When Jim tried to appeal the case he again was met with no success. His last attempt is with the United States Supreme Court and it is still unclear as to whether or not the petition will actually be heard. The expenses from the devastating brain injury continue to pile up as Debbie’s trust account is now frozen; a solution to the case is not yet in sight.
"New" tests able to show what negative MRI, CT scans can't
Brain Injured Plaintiff receives $3.3 million dollar personal injury settlement despite negative MRI and CT Scans
Boston, Massachusetts: A decade ago, a plaintiff claiming a brain injury from a workplace accident would have been laughed out of court if his medical records showed negative MRI and CT scans. But times have changed, as demonstrated by the recent $3.3 million settlement a man received after he allegedly suffered head trauma while working on a tunnel project.
The plaintiff was an African-American male in his mid-40s who was working for the general contractor on a water-supply-tunnel project. The plaintiff's job was to lower a large metal tube, or liner, into a shaft to reinforce the walls of the tunnel below. The plaintiff said that while climbing a ladder in a dark area, his head was struck by a shackle on the crane's cable, knocking him 10 feet to the ground. He was taken to the hospital, where a CT scan of his head showed no abnormal activity. He was discharged the following day. Shortly thereafter, the plaintiff began experiencing headaches. Three months after the incident, an MRI was taken that came back negative.
After continuing to complain of headaches, the plaintiff was sent to a rehabilitation hospital, where he was observed as hypersensitive to sound, forgetful and prone to difficulty with words and movements of his hands.
Despite negative MRI and CT-scan readings, the plaintiff's attorneys, Douglas K. Sheff and Frank J. Federico of Sheff Law Offices, P.C., introduced evidence of the victim's brain injury through (PET) Positron Emission Tomography and (QEEG)Quantitative Electroencephalograph diagnostic testing. The technology used in these tests have advanced to the point where they can often show more than the so-called standard tests for brain injuries such as MRI and CT-scans.
"The QEEG measures brain waves and finds if they are slow," explained Sheff . "The PET scan injects the subject with sugar water and radioactive dye. The dye lights up as the brains absorb sugar, so you can take a film of the brain and see if the cells are all absorbing at the same rate, [or if] you've got a problem."
Although the MRI and CT scans were normal, the PET scan showed that brain cells over the client's right frontal lobe had a slower absorption rate. "When we talked to clinicians and family members, they said he can't organize anymore," said Sheff . "Well, that's the frontal lobe. You have to really live with the plaintiffs and know them and their families to put together the pieces of the puzzle that a true brain injury is."
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