Articles Posted in Traumatic Brain Injuries

The NHL’s 2010-11 season opens at 9am PT tomorrow when the Carolina Hurricanes and Minnesota Wild face off in Helsinki, Finland, one of several Europe-based openers the league has planned. But when the Boston Bruins take to the ice against the Phoenix Coyotes in Prague, Czech Republic a few days later the specter of traumatic brain injuries will hang over the team in the form of their absent star center, Marc Savard.

As I noted in several blogs last spring, the concussion Savard sustained after a vicious hit to the head spurred interim rule changes while last season was still under way. After having the summer months to consider tweaks to those rules, the NHL recently announced that it is banning what are known as “blindside hits” to the head – like the one that took out Savard – according to the Reuter News Agency.

Speaking to reporters, however, NHL commissioner Gary Bettman noted that the new version of the rule is also designed to ensure that “some of the responsibility for player safety remains with the player being targeted,” according to the Reuters report.

After a spring and summer spent, in part, answering claims that the league may not take brain and spinal cord injuries seriously enough, NFL officials cannot have been pleased that the new season’s first week brought all of these questions back into play. During last Sunday’s season opener, as the New York Times reports, Philadelphia Eagles linebacker Stewart Bradley lay motionless on the field for several minutes. Though taken off the field for medical reasons he returned to the game, the paper reports, “less than four minutes later.” At halftime team doctors diagnosed him with a concussion.

As the Times notes, however, the real question is what example all of this is setting for younger players. NFL teams are well-positioned to offer their players immediate and on-going medical care. At the high school level, in particular, that is far less likely to be the case. As the Times notes, “only 42 percent of high schools in the United States have access to a certified athletic trainer, let alone a physician.”

The danger is that youngsters inspired by dreams of NFL glory are taking and giving sharper hits than they should, and that many schools are ill-equipped to deal with the consequences.

A new measure signed into law in Massachusetts this week raises questions about whether Oregon has sufficiently strong laws regarding young riders and ATVs. As outlined by Boston TV station WCVB, the measure, known as “Sean’s Law,” raises the minimum age for ATV operation in Massachusetts from 10 to 14. The law is named after a 8 year old boy who died in an ATV accident in 2006.

New laws such as this are necessary because of the disturbing ways in which some ATV manufacturers market their products. Advertising materials show families using ATVs – in some cases portraying children who in many states would be breaking the law by being on one. Manufacturers downplay the tendency of ATVs to flip over and the serious consequences that can come from being pinned under one. ATVs are neither small nor light.

Here in Oregon there is no minimum age for operating an ATV, though operators below the age of 30 are required to complete a safety education course (by 2014 that requirement will apply to all Oregon ATV riders regardless of age). The course can be taken either in person or online, though beginning in 2012 the “hands-on” version will be required for Oregonians 15 and younger.

A report this weekend in The New York Times raised new, and troubling, issues regarding football helmets and their ability to protect younger players from traumatic brain injuries.

The newspaper reported that the NFL, last Friday, released data sets related to helmet testing, despite criticism that the information is potentially misleading. The league, its committee on head injuries and the player’s union all concurred in the action, the paper reported. According to the Times, the release took place despite criticism from Congress that the data involved is “infected”, rendering the results potentially misleading. Two months ago the league promised New York Congressman Anthony Weiner that the testing program that yielded the data would be abandoned.

Particularly at issue was the nature of the testing undergone by several leading brands of football helmet used in NFL games. According to the Times, the data compiled by the league and later confirmed by independent analysts sought to recreate the kind of hits the equipment would experience in an NFL game. The goal was to determine which brands of helmet offer the best protection against skull fractures – a serious concern for players at the NFL level. Aside from criticism of the tests’ methodologies, Congress and other critics took issue with the results issuing from these tests, in which certain brands were labeled “top performing” for professional use – a designation that makes a compelling selling point for manufacturers.

If you arrive in a hospital emergency room unconscious and suffering from an Oregon traumatic brain injury can the doctors use you for a medical experiment without your consent? You might have thought the answer to that question was pretty obvious: absolutely not. According to a recent article in the Portland Tribune, however, you would be wrong.

The Tribune reports that researchers at Oregon Health & Science University, beginning this week, are using a loophole in federal regulations governing medical studies on humans to move ahead with an Oregon brain injury study. Under the so-called “community-wide study exception” the hospital has staged about 20 community meetings to explain its proposed brain injury study and may now presume that any unconscious person brought into the emergency room with an Oregon traumatic brain injury has consented to involvement in the study unless they are wearing a bracelet that declares otherwise, or family members arrive at the ER within one hour of the patient’s admission and refuse to consent to the injured person’s enrollment in the program.

The study in question involves use of progesterone, a hormone that may help severely injured patients recover from brain injuries. It raises, however, a broader question of what ‘informed consent’ ought to mean in the real world. Can an entire community legitimately be said to have agreed to be involved in a study on the basis of a series of public meetings, some of which, according to the paper, were attended by only a handful of people? What about people from elsewhere in Oregon or from out of state who are unlucky enough to be involved in a Portland auto accident and just happen to be taken to OHSU?

A football player at Eastern Oregon University abruptly died last week after suffering an Oregon traumatic brain injury during what appeared to be an otherwise normal play, according to the Associated Press.

Dylan Steigers was 21. He had recently transferred to Eastern Oregon from the University of Montana and was listed as a freshman on the school’s football roster. The AP quotes school officials as saying they are investigating the incident, even as they offer counseling to Steigers’ teammates and family.

The Oregon traumatic brain injury that is believed to have led to Steigers death was an acute subdural hematoma, an injury in which jarring of the head leads to bleeding between the brain and the skull. The blood accumulation, in turn, puts pressure on the brain itself, a condition that can rapidly lead to serious injuries or death.

An appropriate piece of news with which to wrap up National Traumatic Brain Injury Awareness Month: with a speed few observers expected the National Hockey League has instituted new rules against hits to the head. The NHL Players Association, the final official body that needed to sign off on the rule change, gave its approval late last week. That accomplished, the changes taking effect immediately. The measure, which I wrote about earlier this month, is specifically designed to reduce the risk of traumatic brain injuries, and comes in the wake of several high profile incidents involving serious head injuries to players.

NCAA hockey has long banned hits to the head. Such a rule has been discussed on-and-off in the NHL for years, but had never seemed to gain much momentum (there was, in particular, a strong traditionalist faction in the League which opposed any move to lessen the sport’s roughness). Impetus for the new move appears to have come from a combination of two things. First, the Olympics – where hits to the head have long been banned. The Games may have shifted the conversation because they displayed, for fans and League officials alike, a consistently high level of rough play despite the ban on hits to the head. Second, immediately after the games the NHL was shocked by a rash of high-profile head injuries in the space of a few weeks.

All this month I have worked to highlight the dangers of Oregon traumatic brain injuries and the dire consequences that can follow for victims and their loved ones alike. While the media have recently emphasized the dangers of sports-related traumatic brain injuries, it is worth remembering that auto accidents are, by far, the most common causes of traumatic brain injuries in Oregon and nationwide.

In the wake of raised awareness of the seriousness of traumatic brain injuries, the military has become the latest institution to adjust its rules in a bid to lessen traumatic brain injuries and their consequences.

The Defense Department announced earlier this month that it will “launch a new policy in the coming months that will make head-injury evaluations mandatory for all troops who suffer possible concussions.” As a recent article in the San Bernardino Sun noted, the concern is with secondary injuries.

“A second injury as the brain is recuperating from the first can cause brain cells to die, resulting in a permanent loss of function – or even death,” the newspaper reports.

Following-up a story I blogged about last week, news reports today indicate that the NHL is seriously considering an immediate change to its rules that would lessen the risk of traumatic brain injuries by banning hits to the head. Though there have been several serious traumatic head injuries and concussions this season, the league’s public view as recently as 48 hours ago was that any move to revise the rules should wait for the offseason. League officials had cited the difficulties of briefing players and officials in mid-season as their reason for putting the issue off until the summer.

According to the Associated Press, however, thinking at the NHL’s Toronto headquarters has changed, and a proposed rule change tentatively approved by general managers last week may be implemented before the current regular season ends next month and before the Stanley Cup playoffs begin. The NHL’s board of governors will have the final say on the matter, but AP reports that a DVD presentation that “will illustrate what would, and wouldn’t, be allowed under the proposed rule change” has been prepared for circulation to all 30 NHL teams, as well as referees and League officials.

The move seems particularly apt since March is National Brain Injury Awareness Month. It comes at a time when awareness of the seriousness of traumatic brain injuries is rising throughout the sports world, in part because of the direct effect such injuries have on players and, in part, as an acknowledgement of the example professionals set for their younger fans in Oregon and throughout the nation.

Oregon does not have an NHL team, but many in the state who worry about Oregon traumatic brain injuries have been watching developments in the world of professional hockey over the last few days. As I have previously noted, NHL hockey differs in significant ways from the game TV viewers saw during last month’s Olympics. Among the biggest differences: the NHL still allows hits to the head – an action that carries a significant danger of traumatic brain injuries, even among athletes wearing helmets (which are required in the NHL). Such hits are banned in international hockey.

What brought this issue to the fore is not the fact that March is Traumatic Brain Injury Awareness month, but rather a gruesome incident in an NHL game last Sunday. During the third period of a game against the defending Stanley Cup champion Pittsburgh Penguins, Marc Savard of the Boston Bruins was knocked unconscious by a check to the head administered by Pittsburgh’s Matt Cooke. Savard, one of the team’s star forwards, was taken off the ice on a stretcher, wearing a head-brace. According to ESPN he has been diagnosed with a grade 2 concussion and is widely expected to be out for the remainder of the season.

What has outraged hockey fans – and not just in Boston – is the league’s decision not to punish Cooke for the infraction, despite the fact that he has been suspended on three previous occasions for unnecessarily rough play (two of those suspensions involved hits to the head). Even one of Cooke’s own teammates, Bill Guerin, “expected Cooke to be suspended”, according to the Boston Globe, and expressed incredulity when he was not. “If a guy gets hurt like that with a shot to the head, there’s got to be something,” the Globe quoted Guerin saying.

50 SW Pine St 3rd Floor Portland, OR 97204 Telephone: (503) 226-3844 Fax: (503) 943-6670 Email: matthew@mdkaplanlaw.com
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