The brain is a complex and vital organ that shapes who we are. It allows us to understand questions and solve intricate problems. It produces our emotions while crafting our personalities and it helps us to live on both a biological and spiritual level. If the brain should experience damage then the essence of who we are could be lost forever. This is why traumatic brain injuries can cause grave damage to the life of its victim. 

According to Center for Disease Control and Prevention, a traumatic brain injury (also known as TBI) is an affliction that 1.4 million Americans sustain each year, 50,000 of whom don’t survive. While TBIs have differing levels of severity (ranging from mild to severe), they are usually caused by a simple injury to the head and/or neck.  Falls are the leading cause of TBIs, accounting for 28% of all TBIs, while motor vehicle accidents account for 20%. However, motor vehicle accidents have a higher frequency of TBI-related hospitalizations, which studies have shown effect over 280,000 people each year. There is a variety of causes of head injuries. TBIs result from open or closed head injuries, as well as deceleration injuries (also known as a diffuse axonal injuries), but the complexities of head injuries delve much deeper.

A traumatic brain injury can have life-altering effects on a victim’s emotional and physical well-being, and can do severe damage to the physical nature of the brain. A head injury may require years, if not decades, of special care and rehabilitation from care facilities like CareMeridian, Las Vegas Nursing Home. The impairments from a brain injury can affect speech, vision, coordination, short-term and long-term memory, and may even result in mood swings and behavioral changes in personality. Considering that every brain injury is different, rehabilitation depends on the individual case and injury; yet, prevention is possible. 

For an injury as debilitating as TBI, prevention is essential. Luckily, prevention is not difficult. When driving, the best way to avert a TBI is by wearing a seatbelt and not being under the influence of alcohol. In fact, according to the Brain Injury Association of America more than 50% of people with a brain injury were intoxicated at the time of their injury. It’s also smart to always wear a helmet when riding a bike, thus reducing the risk of a head injury by almost 90%. If the right precautions are taken, the severity of TBIs can be reduced if not prevented.  

There is a lot that is still unknown about the inner workings of the human brain. However, what is known for certain is the life-changing affects that a TBI can have on its victims and their families as a result of irreversible damage to the function of the brain.

C. Donald Briggs, III, Esquire

Briggs & Counsel, LLC

Many Mainers do not know that automobile insurance policies in Maine are required to cover funeral expenses.   The reason might be that funeral expenses benefits are listed as medical payments coverage, and the wording about funeral expenses might be easy to overlook.

It is important to know that mandatory  “medical payments” coverage pays for the medical and funeral expenses incurred by someone killed in an accident while riding in or driving in a car. Claims against this required coverage include all reasonable funeral expenses. It will also cover a member of a household for funeral expenses resulting from an accident involving another vehicle while walking or biking, or while riding in another car. This coverage will pay for funeral expenses regardless of who caused the accident. 

This coverage is there for the asking.  A useful publication that emphasizes this point is “A Consumer’s Guide to…Personal Auto Insurance”, a publication of the Maine Bureau of Insurance, which can be found at: http://www.maine.gov/pfr/insurance/consumer/auto.htm.

It is not usually necessary to have a lawyer to talk to your insurance company about recovering funeral expenses.  All that is usually needed is a telephone call to your automobile insurance company.  In any event, many attorneys would  be happy to make the call to the insurance company without charging a fee for doing so.  

Alison Wholey Mynick, RN, Esq.

Briggs & Counsel, LLC

Copyright 2011 Briggs & Counsel, LLC

Rockport Attorney C. Donald Briggs, III has been named to the list of New England “Super Lawyers” once again.  For the fourth year in a row the Michigan based publication “Super Lawyers” listed Don Briggs among the ranks of only 5 percent of the lawyers in Maine to receive this honor. 

Don Briggs is well known for helping Maine victims of car accidents, medical malpractice, and other personal injury negligence cases. Though he has handled thousands of personal injury cases in his career, Don is also known for his attitude that “Everyone’s injury is unique, and everyone deserves individualized legal services “. 

Don Briggs is one of only two board certified Civil Trial Advocates in Maine, and served as past president of the Maine Trial Lawyers Association.   

Though mindful that  even so called “minor” injuries can have a major impact on  hard working Mainers, Don Briggs often takes on the most catastrophic injury cases in the State of Maine.  He is a member of the Million Dollar Advocates Forum  and has been recognized as a Fellow by the National College of Trial Advocacy.

Attorney Briggs emphasizes that winning top compensation for Mainers’ injury cases requires a lawyer willing to stay on top of national litigation trends and legislation.    He goes the extra mile for Mainers as a State Delegate to the American Association for Justice, the leading national organization protecting ordinary Americans’ right to jury trial.  On the local level, Don Briggs is currently president of the Knox County Bar Association.

The first step in treating a brain injury is to know that it occurred.  Not every bump on the head is a brain injury. On the other hand, being able to say “I’m fine” and get back in the game, behind the wheel or up off the ground doesn’t mean you really are fine.

Now, just like the blood test that confirms a heart attack, there is a simple blood test that shows brain injury.  In the days that follow a brain injury a biomarker called “UCH-L1” spikes in the blood.  An article in the Wall Street Journal reported in July that the  presence of UCH-L1 is considered a reliable marker of brain injury, but more research needs to be done.  One issue is whether the marker is valid for both severe and mild brain trauma.  According to USA Today, the US Army thinks it is, and is seeking FDA approval for the test.   The Army’s goal: find brain injured soldiers who are “under the radar” and treat them appropriately.    

Excitement about the test is understandable. Just think about all the different situations that leave Mainers wondering how seriously they are hurt: Maine soldiers concussed by a roadside bomb in Iraq, High School football players who “see stars” after a tough tackle, Sunday River or Sugarloaf skiers with and without helmets who fall hard, and even ordinary Mainers whiplashed by a careless driver who walk around in a fog for days or weeks.

Using UCH-L1 on the battlefield and in emergency rooms holds the promise of a rapid, inexpensive sifter to separate folks with a true brain injury from the “just a bump”  crowd.  

The test isn’t available in Maine emergency rooms today, but stay tuned.

Alison Wholey Mynick, RN, Esq.

The adage “If it seems too good to be true, it probably is” applies to the diet drug “Meridia”.  Mainers and others across the nation who are taking Meridia for weigtht loss are at risk for heart attack or stroke from the diet drug according to the FDA. 

Abbott Laboratories has withdrawn its popular weight-loss drug Meridia because it increases the risk for heart attacks and strokes, the Food and Drug Administration announced Friday.

Meridia’s continued availability is not justified when you compare the very modest weight loss that people achieve on this drug to their risk of heart attack or stroke,” stated  John Jenkins, director of the FDA’s Office of New Drugs in the Center for Drug Evaluation and Research. “Physicians are advised to stop prescribing Meridia to their patients, and patients should stop taking this medication. Patients should talk to their health care provider about alternative weight loss and weight-loss maintenance programs.”

Alison Wholey Mynick, RN, Esq.

Briggs & Counsel, LLC

The Center for Constitutional Litigation (CCL) recently won a landmark decision that will affect many of our clients and their families!

A Florida nursing home resident died from complications of bed sores and received a settlement of $50,000. Since Medicare had paid for the deceased’s medical expenses, the 11 surviving children, who sued for loss of consortium, invited Medicare to participate in an allotment of the settlement. Medicare claimed the entire amount citing its manual and later refused to take part in a probate hearing to allot the settlement.

The family’s trial lawyer went to federal court seeking recognition of the probate court’s decision. The court deferred to Medicare’s interpretation of the 1980 Medicare Secondary Payer Act.

The family (through their trial lawyer and CCL) filed an appeal, briefed the issue, and then argued it last April.

The U.S. Court of Appeals for the Eleventh Circuit reversed the probate court’s decision on September 30, 2010.  The Court of Appeals emphatically rebuked Medicare over the way the agency treats settlements and held that Medicare does not have the right to claim full reimbursement from an undifferentiated settlement, as it has for years. Instead, Medicare must participate in any state-authorized process to prorate its lien claim or accept the result when it refuses to participate. The decision is the first by a federal circuit court on the issue.

The result: Having chosen not to participate in the allocation; Medicare must accept the probate court’s decision that Medicare’s proportionate share of the settlement was only $787.50.

Congratulations and thanks to a family that has made a difference to patients and other families throughout the nation! Congratulations as well to the entire CCL team. The full decision can be found at: http://www.ca11.uscourts.gov/opinions/ops/200913765.pdf

 Clients should not fear Medicare. Briggs & Counsel has a team that scours every item in a Medicare claim.  We repay Medicare (and the American taxpayer) every cent they are owed.  No more, no less.  That means we give our Clients and their Families every cent they are owed as well.  

An accident in a home, or a car, can result in serious injury, even death.  Many accidents cause only property damage, or injuries that are not fatal (for example, those in You Tube’s “Real Car Crash” (Real Car Crash on You Tube).

However, when death occurs, detailed knowledge of Maine’s Wrongful Death Act becomes important.  Maine’s Wrongful Death Act is especially problematic when a parent dies as the result of the decedent’s spouse’s negligence.

The Act, MRSA 18-A §2-804 (b) limits wrongful death benefits to the surviving spouse if there are no minor children. Surviving adult children are only entitled to wrongful death benefits if there is no spouse that survives the death of the adult child’s parent.

What does this mean in real life? Suppose, for example, you are eighteen years old, just starting college, and your parents, though still married, have been separated for years. Suppose, also, that your father, who raised you, is well paid and is your sole source of support (and tuition money). If your mother is driving your father somewhere, and crashes her car causing the death of your father, can you, the adult child, recover damages for the loss of your father’s life under Maine’s Wrongful Death Act?

Maine’s Law Court says “no”. Under the Act, the adult child cannot recover if the adult child’s parent is married at the time of death. In a 2008 case, Amica Mutual Insurance Company v. Estate of Pecci, the Court held that Maine wrongful death benefits do not go the negligent spouse, and they do not go the adult children either.

There is a helpful “but if” to all this. If the surviving spouse renounces an interest in any recovery under the Wrongful Death Act, and permits the adult child to be named as the Personal Representative of the Estate of the deceased spouse, then the surviving spouse is treated as having predeceased the decedent, and the adult child may recover wrongful death benefits.

Very sad news demands that you focus on the immediate needs of your family and yourself. The complexities of Maine law shouldn’t be an additional worry when tragedy strikes. Briggs & Counsel, LLC, will confer with you at no charge to determine whether you are eligible to maintain a claim under Maine’s Wrongful Death Statute. Every case is different, and every call is important.  Call our firm, or contact our website for a live conversation.

Alison Wholey Mynick, RN, Esq./Briggs & Counsel, LLC

“This is just unheard of,” said Jill Child, resident service coordinator at Oak Park Apartments, an elderly housing complex in Lewiston, Maine.  She was referring, of course, to Edith Ryder.

Edith Ryder, feeling safe and secure in the hallway of her apartment complex, was robbed in the middle of the day by a young man who simply walked up to her, took her wallet from her walker, and headed out a side door.  According to a reporter for the Lewiston Sun Journal Edith Ryder was robbed of $40 dollars, her bank card, her social security card, Medicare card and MaineCare card.

The Lewiston Police will track down the thief, the bank will stop payment on any charges on that ATM card, and the Courts will send the low-life, petty crimianl where he belongs.  But what can be done to make sure that this doesn’t happen to others in Edith Ryder’s situation?

Here are some practical safety tips for the elderly living alone, even living alone in a senior housing facility like Lewiston’s Oak Park Apartments:

1.   If you’re not going to the bank, leave your bank card in your apartment.

2.   Unless you know you will need to show an original of your Medicare/MaineCare or other insurance card, bring only a photocopy of your Medicare card with you if you want the safety of having that number with you in case of an emergency.   Leave the “orginal” of your social security, Medicare/MaineCare cards in a safe place in your apartment or home.  Make sure a reliable relative or friend knows the location of the originals.

3.  Keep your cell phone handly.  If approached by stranger, pick up your phone, and act as if you are starting to dial.   You might make a thief think twice if you talk into the cell phone as if you are having a conversation with someone and mention that you have been approached.

4.  Hire any help only from well known organizations or businesses, and have their references checked.

5.   Get together with your friends and family and approach your building owner.  See what it would take to have security cameras in the public areas of your building.  It could be a life saver.

As a wise man once said:  “I grow old learning something new everyday.”

Alison Wholey Mynick, RN, Esq.

Copyright 2010: Briggs & Counsel, LLC

It is  sad to hear of a shooting death that involves a close family member. The senseless murder of a family member is a tragedy that touches everyone in the deceased’s circle of family, friends and community.

The shock of a violent death can leave family members so emotionally upset that months or even years might pass before a family member begins to question “Can those left behind can receive compensation for the loss of a loved one that stems from a criminal act?”

The answer is that, yes, money damages are available in many cases for the wrongful death of a loved one.

Money damages in a civil lawsuit can be sought for death caused by a negligent act or intentional act that robs a family of a loved one. The lawsuit is for money damages under Maine’s Wrongful Death Statute. Briggs & Counsel, LLC is experienced bringing wrongful death lawsuits under Maine’s Wrongful Death Act.

The decedent’s Estate can receive funeral expenses under the Wrongful Death Act. The decedent’s Estate can also recover money damages if it can be proven that an injury leading to death caused conscious pain and suffering, or resulted in medical expenses for treatment of the injury that lead to the death.

Certain individuals close to the decedent can recover up to $500,000 in wrongful death money damages in Maine for lost income that the deceased might have earned if living, or for the loss of “comfort, society and companionship of the deceased.”. Those who are able to recover up to $500,000 in damages include a living spouse, children under the age of eighteen(18), or, if there is no surviving spouse or minor children, “heirs at law”(which might include adult children, parents of the deceased, siblings of the deceased and other relatives).

The statute of limitations for wrongful death in Maine is two years from the death, unless the death is from medical malpractice (in which case the statute of limitations for a claim is three years.)

In Maine, a Wrongful Death Act claim must be brought in the name of the Personal Representative of the Estate of the decedent. Before a lawsuit can be filed someone must be named as the Personal Representative of the Estate of the deceased. This is usually an easy process. (You can find information about how to file to be named as Personal Representative of an Estate at: http://www.courts.state.me.us/faq/probate.shtml.

Alison Wholey Mynick, RN, Esq.

Briggs & Counsel, LLC

Rockport, ME

800. 596.1099

It is both shocking and sad when obvious nursing negligence occurs in Maine. For almost every nursing procedure, there is a standard way of performing the procedure that every Maine nurse is expected to know.

Take, for example, the common nursing procedure of placing a feeding tube in a patient’s stomach. If a patient cannot eat, the doctor will often write an order in the hospital chart telling the nursing staff that the patientis to receive nutrition by a tube that goes in through the nose, down the back of the throat and into the stomach.

Placing the tube is a nursing function that takes place on a routine basis. Sometimes the tube goes in easily, other times it can be difficult to pass the tube into the stomach easily due to the patient’s condition or because the tube gives the patient the feeling of gagging during the insertion and causes the patient to thrash. It is important for all Mainers to know that even if placing a tube is “challenging”, there is not a hospital in Maine that is allowed to deviate from the standard of care in nursing as it relates to insertion of a feeding or “enteral” feeding tube. In fact, if placing a tube is especially difficult in a particular case, it is all the more reason for the nurse to be especially careful.

The most serious potential misadventure of a feeding catheter or nasogastric tube is placement in the lung. If not recognized in time, lung collapse and death may result from placement of a feeding tube in the lung.

This x ray shows a feeding tube in the lung of a 64 year old woman recovering from spinal surgery. ( There is also a nasogastric tube properly positioned in the stomach.) This case illustrates the importance of looking at the lung bases where a feeding catheter is seen passing through the bronchial tree of the right lower lobe and extending well into the right pleural space.

There are simple devices that allow nurses to be 100% sure that the tube is in the stomach and not the lungs. One article describes some modern methods of checking for placement as follows:

Enteral feedings are an integral part of care for many hospitalized patients. Accessing the gastrointestinal (GI) tract safely and in a timely manner can be challenging. Various techniques and devices to enhance the safety of bedside feeding tube placement are available for clinicians. Three specific devices are highlighted, including the colorimetric CO(2) detector (CCD), a magnetically guided feeding tube (MGFT), and the electromagnetic tube placement device (ETPD).

The CO(2) detector is applied to detect the presence or absence of CO(2), thus assisting in correct placement of the feeding tube tip into the GI tract vs the lung. The MGFT uses a magnetic device to manipulate the feeding tube through the GI tract into the small intestine.

The ETPD provides real-time visualization of the feeding tube as it progresses into the small intestine. Training and repetition are essential for safe and successful feeding tube placement, and the highlighted devices can contribute to both of these goals.

As a Registered Nurse as well as a medical negligence lawyer, it is especially disheartening to hear when such a basic nursing procedures is carelessly handled.

Briggs & Counsel has successfully litigated numerous cases of medical and nursing malpractice on behalf of patients. Maine has very specialized laws and procedures for handling medical malpractice cases and few Maine law firms handle medical malpractice on a routine basis as we do.

If you or someone close to you has suffered from the careless actions of nurses at a Maine hospital, attorneys from our firm would be willing to meet with family members individually, or as a family group, to begin the process of sorting out what needs to be done to fix what can be fixed, and make up for the problems that can’t be fixed.

Copyright 2009 Briggs & Counsel