Traumatic brain injury (TBI) involves a disruption in the brain’s normal functioning due to head trauma, violent shaking of the head, or oxygen deprivation. It’s estimated that 2.87 million Americans suffered from TBI in a recent year, and 837,000 injuries affected children. Additionally, 13.5 million Americans live with disabilities caused by TBI. Anyone can suffer from TBI. Some of the leading causes include falls, sports injuries, bullet wounds, physical assault, car accidents, infections and much more. TBI patients can manifest different clinical signs, such as decreased consciousness, forgetting what happened and other memory loss or amnesia, vision loss and blurring, acute muscle weakness, inability to focus, confusion and more.
Some individuals develop impaired speech and reading ability, as well as paralysis or coma. Fortunately, medical professionals can offer various treatment options that help patients recover from TBI. Treatment also assists in reducing or eliminating some physical, cognitive, and emotional disabilities caused by the TBI. The specific type of treatment prescribed will depend on the brain injury’s severity and location. TBI complications include impaired decision-making, challenges grasping what others are saying, and unusual difficulties processing simple information. A patient might also face difficulties expressing their thoughts. These mental challenges can grossly undermine one’s ability to perform and retain their jobs.
Ferrin v. Aetna Life Ins. Co., 336 F. Supp. 3d 910 (N.D. Ill. Sept. 28, 2018) (holding insurance policy’s grant of discretionary authority is void under Texas law due to certificate being issued after effective date of regulation, and policy renewing after effective date, and holding Plaintiff was disabled from Any Reasonable Occupation where treating doctors certify she can sit at the occasional level, and insurer’s consultants opine Plaintiff can sit frequently, as weighing all evidence together would make capacity likely at low end of frequent range at best).
Sadowski v. Tuckpointers Local 52 Health & Welfare Trust, 281 F. Supp. 3d 710 (N.D. Ill. Dec. 20, 2017) (holding plan was arbitrary and capricious in denying medical benefits for removal of spinal cord stimulator following a fall down the stairs and infection where plan argued the expenses were caused by the same injury as the car accident necessitating implantation of the stimulator years earlier)
Tassone v. United of Omaha Life Ins. Co., 264 F. Supp. 3d 867 (N.D. Ill. Aug. 30, 2017) (awarding client long term disability benefits denied by United of Omaha despite insurer’s doctor opining there was no objective evidence of functional impairment)
Suson v. PNC Fin. Servs. Grp., Inc., No. 15-CV-10817, 2017 WL 3234809 (N.D. Ill. July 31, 2017) (holding Liberty Mutual’s denial of client’s long term disability benefits was arbitrary and capricious where Liberty Mutual disregarded client’s carpal tunnel syndrome and relied on a vocational opinion to which client never had an opportunity to address before litigation)