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Page Updated 12/06/2021

How Will Concussion Biomarkers Impact Brain Injury Litigation?


Taking Blood Biomarkers a Step Further Regarding Traumatic Brain Injury Litigation

Despite a significant increase in scientific interest relating to concussion and mild traumatic brain injury (TBI) and spinal cord injuries over the last decade, concussion compared assessment and diagnosis are still largely focused on subjective symptom reporting.

This article discusses the findings and review of a unique study, disclosures regarding the risk of a TBI patient, and the role of biomarkers during the litigation process.

Taking Blood Biomarkers a Step Further Regarding Traumatic Brain Injury Litigation

Despite a significant increase in scientific interest relating to concussion and mild traumatic brain injury (TBI) and spinal cord injuries over the last decade, concussion compared assessment and diagnosis are still largely focused on subjective symptom reporting.

This article discusses the findings and review of a unique study, disclosures regarding the risk of a TBI patient, and the role of biomarkers during the litigation process.

In the circumstances involving a concussion injury, evidence of the severity or existence of the brain injury may be challenging to come by. Our friendly and charismatic lawyers do everything in their power to fight for your rights.

A recently published study seems to have made significant progress in developing a reliable test to determine whether someone has a concussion (also known as a mild traumatic brain injury from a sport-related concussion), strengthening the relationship between harm and wrongful conduct time points.

Biomarkers Alerts

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As the traumatic brain injury study’s lead author, Nina Kraus, puts it, “the gold standard for diagnosis for concussion injuries has always been clinical judgment by a physician who must weigh a constellation of symptoms across multiple organ systems.” (citation)

This research, which the author published in the journal named Scientific Reports, is part of an effort to develop a “reliable, objective, portable, user-friendly, easily available, and affordable platform when diagnosing concussion.” (citation)

The researchers seemed to uncover biomarkers that indicate concussions using auditory stimuli specifically. Children with diagnosed concussions demonstrated decreased brain responses when subjected to a specific speech frequency.

On the other hand, the same group reacted to harmonic stimuli in a similar way that non-concussed children did.

Furthermore, as the concussion symptoms faded, the concussed examined group’s answers improved, and the severity of their concussion matched the severity of the impairment.

As a result, this specific speech frequency loss indicates a concussion. The study correctly detected a concussion with up to 90% accuracy and a non-concussed participant with a 95% accuracy level.

Implications In Cases

Lionel vs. Lionel

This research could be useful in circumstances where patients create concern regarding causation. In Lionel v. Lionel (2013), WL 3981517, for example, the appellant argued that the respondent did not have a sustained concussion (due to his actions) because she did not exhibit “‘typical symptoms.”

Although the court eventually deemed the appellant’s arguments unconvincing, the weight of a 90% correct test might have precluded an appeal or a resolution of the case prior to the trial.

Ona vs. Reachi

This blood-based biomarkers study may be more critical in terms of damages. Ona v. Reachi (1951) 105 Cal.App.2d 758, for instance, was an appeal of an exorbitant damages judgment resulting from damages incurred in an automobile accident, including concussions.

The key issue was that there was “no objective evidence of the concussion or its consequences,” and each party provided conflicting professional opinions as to the extent of the plaintiff’s impairment, notably its permanency. Additionally, the plaintiff would have been able to prove the damages clearly if they had identified and used the study’s dependable and entirely objective test.

The Science Behind Biomarkers

Symptoms of concussions are generic and widespread in the general population. In addition, they affect one’s ability to participate in their usual activities. However, there is a higher risk associated with athletes who engage in contact sports.

As a result, many doctors struggle to make a timely and accurate diagnosis of concussion. This problem is only exacerbated in the case of sports-related concussions (SRC) when head injuries are frequently underreported and unnoticed. The discovery of an accurate and objective TBI marker would be beneficial for enhancing concussion detection and making essential return-to-work decisions.

Although various earlier studies of brain injury biomarkers previously focused on their utility in detecting potentially life-threatening intracranial bleeding on head tomography scans, far less have looked at their utility in distinguishing people with and without concussion.  

One of the most challenging aspects of these diagnostic biomarker investigations is ensuring that all individuals have a clinically diagnosed concussion and link with suitably matched controls.

The breakthrough biomarker test developed by lead author Nina Kraus not only benefits patients or athletes suffering from sports-related concussions, but it might also aid litigants in demonstrating their neurology injuries.

Additionally, the clinical tools provided in this sample make it easier to diagnose the issue, as they give many individuals access to the published journal intended to emphasize the importance of neurology.

Another helpful blood test to note is the Abbott Laboratories blood test which collaborated with the US Department of Defense.

Find More Information at Ehline Law Firm

Are you need a brain injury lawyer to fight for your rights? If you want to see results, visit our site, email our team, or contact our attorneys at (213) 596-9642. To ensure we understand your case, please book your free case evaluation so we can read through the facts and get straight to work!

At Ehline Law Firm, we do not waste your time and ensure that you continue with your life without the extra burden. We care!

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