Articles from our Morgantown Personal Injury Law Office about Safety Issues, Insurance Law, Auto Accidents, Personal Injury Claims, and Other Legal Issues in West Virginia. Questions? Call 304-594-1800 Today. Our phones are answered night and day.
“It’s just crazy how many people went by and didn’t stop. If I was in his situation, I’d want someone to stop and help me.” Nathan Foreman
Kingwood, WV: On Wednesday, January 30, 2012, Brian Delaney of Morgantown, 47, was driving east in a Tri-State Mortuary Plymouth Voyager van that veered into a ditch, crashed into the embankment and rolled several times during a rainstorm. Delaney works for Tri-State Mortuary Services, of Poca, WV and was “on his way to Martinsburg, transporting someone to a funeral home,” according to Senior Trooper Wood of the WV State Police.
Nathan Foreman and Carl Wilson, education specialists at the USP-Hazelton, came upon the van near the Coopers Rock exit as they were returning from Morgantown. The two men stopped to see if they could help. They found Delaney “hanging upside down on the seatbelt,” according to Wilson.
“He wasn’t breathing,” Foreman said. According to Wilson, “It was a dire situation. I used my body to take that pressure off the seatbelt.”
Another man at the scene was small enough to get into the crushed van “to unclick the seatbelt,” according to Wilson. Once the seatbelt was loose, the men removed Delaney from the van and Wilson, a paramedic who once taught emergency medicine, began CPR.
“He slowly started breathing again,” Foreman said. Wilson added, “He didn’t regain consciousness, but he did start to breathe on his own.”
“It’s just crazy how many people went by and didn’t stop,” Foreman said. “If I was in his situation, I’d want someone to stop and help me.”
Delaney was in fair condition at Ruby Memorial Hospital late Wednesday, according to a hospital spokeswoman.
Good Samaritan Laws: Most states have a statute to protect individuals that assist a victim during a medical emergency. Most Good Samaritan laws are created specifically for the general public and assume that there is no medically trained person available to assist the victim. Since the Good Samaritan typically does not have medical training, the law protects him or her from being liable for injury or death caused to the victim during a medical emergency as long as the care was given in good faith and without malicious intent.
Submitted by the Robinette Legal Group, PLLC, West Virginia Injury Lawyers. Free books and downloads for WV accident victims — Call us today: 304-594-1800 for your free copy of Righting the Wrong: WV Serious Injury Guide; Collision Care: WV Auto Injury Guide; or Beside Still Waters: WV Fatal Injury Guide for Families. We are glad to answer your questions.
Traumatic brain injury (TBI) has been designated as the signature injury of the recent conflicts in Afghanistan and Iraq, and as a result many injured soldiers and their families suffer in silence. In response to the need, the US military is now funding new research and has established multiple centers for those soldiers with traumatic brain injuries to receive effective therapies to rebuild and reroute their neurological pathways in the hope returning to work and building a better future.
Though most of the traumatic brain injury cases we handle are the result of vehicle and work accidents, hazardous military duty and sports activities also often lead to traumatic brain injuries (TBI). Injury to the brain is usually the first injury to occur, and the last to be diagnosed. Thanks to new funding by the US military and the NFL, more hope, treatments, and tests are available to help heal the wounds.
Symptoms of TBI involve a wide range of symptoms including vomiting, persistent headaches, sensitivity to light, memory loss, mood disorders, inability to focus, slow reaction time, dizziness, depression, blurred vision, and loss of balance.
On the leading edge of TBI research are studies concerning the use of Omega-3 fatty acids and new cognitive therapies designed to reroute and stimulate neurological pathways where healthy parts of the brain can compensate by learning to handle new functions. Rest augmented by a battery of mental exercises involving memory drills, math, and hand-eye coordination can help a brain accomplish neuroplasticity, a term which means that the brain repairs, regenerates, and reconnects.
In January of 2013, the results of the examination of the brain of the former NFL player, Junior Seau, were published indicating that Seau’s brain was found to be clearly damaged by the repeated blows inherent to football. Prior to his death by suicide, he had been diagnosed with degenerative brain disease. Results of an NIH study of Seau’s brain revealed abnormalities consistent with chronic traumatic encephalopathy (CTE), a severe problem experienced by dozens of top football players.
The NFL may be facing thousands of lawsuits right now from former players who say that they were not protected or informed enough about the result of concussion. In response, The NFL, both directly and in partnership with the NIH, Centers for Disease Control and other leading organizations, is supporting a wide range of independent medical and scientific research that will both address CTE and promote the long-term health and safety of athletes at all levels.
PET Scans and Chemical Markers Can Identify Progression of Brain Diseases in Athletes
More and more, researchers have speculated a connection between sports-related concussions and mild traumatic brain injuries with the development of degenerative brain diseases later in life – most notably chronic traumatic encephalopathy (CTE) and even Alzheimer’s disease.
Previously, the only way to confirm a connection between repetitive brain injury and these debilitating brain conditions was through an autopsy.
But now, there may be a new way to identify or track the progression of these brain diseases while a current or former athlete is still alive.
For the first time, researchers from the University of California Los Angeles (UCLA) have utilized positron emission tomography (PET) scans and a newly developed chemical marker called FDDNP to do brain imaging tests on five retired NFL players. The new imaging technique ultimately revealed the buildup of the abnormal tau protein, which has been associated with repetitive head trauma, as well as the onset of Alzheimer’s.
New Research Indicates Omega-3 May be Part of the Answer
Brain Health Education and Research Institute was founded by Dr. Michael Lewis in 2011 to pursue educational and research endeavors to further knowledge of natural and nutritional ways to improve brain health. The initial focus of the Institute is educating providers and the public on the use of omega-3 fatty acids for the prevention, treatment, and rehabilitation of the brain prior to or following an injury such as traumatic brain injury or concussion. With Dr. Lewis’ 30-plus years of military experience, a special emphasis is working towards improving the care and outcomes of our military personnel and veterans who have experienced psychological or physical trauma to the brain.
Dr. Lewis is a pioneer in the use of omega-3 for concussion and TBI – a simple, yet profound concept. Everyone is different, but his theory is if the basic building blocks of the brain aren’t present, the brain is going to have a more difficult and longer time putting the pieces back together. Here is something essential to know:
According to Dr. Lewis, there is no cure for concussion and TBI. All medical providers can do is optimize the conditions to help the brain do the healing. That is what using omega-3’s will do. It provides a tool, the basic building block, for the brain’s healing.
Omega-3 Aids Brain Recovery of Randal McCloy, Survivor of the Sago Mine Disaster
Neurosurgeon Dr. Julian Bailes is often at the cutting edge of the latest treatments for people with brain injuries. Former NFL players and other notable people with brain injuries—including Randal McCloy Jr., the sole surviving miner in the 2006 Sago Mine disaster in West Virginia—have received his care. Dr. Oz talks with Dr. Bailes about how he used omega-3 fatty acids, a common nutritional supplement, to aid in Randal’s brain recovery.
On January 2, 2006, the nation was captivated by efforts to rescue 13 men who were trapped in the Sago coal mine explosion. While news sources initially reported that all 13 men were alive, tragically it was only Randal who survived. After more than 40 hours of exposure to carbon monoxide, Randal was entrusted into the care of many doctors, including Dr. Bailes. “He’s had a massive heart attack from the carbon monoxide exposure, he was in kidney failure, liver failure, he was dehydrated, he was hypothermic and he was in the deepest of coma,” he says. “We didn’t have anything promising.”
Soon though, Dr. Bailes says he and the other doctors were confident they could save Randal’s life, but it was uncertain if his brain would recover from its extensive injuries. Randal was given three hypobaric oxygen treatments, but Dr. Bailes says there was no drug available that could help repair his damaged brain. “Since there was no drug to do it … why don’t we give him what his brain was made from in the first place, when he was an embryo in his mother’s womb?” Dr. Bailes says. That substance was omega-3 fatty acids. “Omega-3 fatty acids—EPA and DHA—[are] what people commonly would call fish oil, but we gave him a super variety in extremely high doses, up to 19 grams a day that we delivered to him in a liquid form through his tube that was in his stomach,” he says.
As Randal’s brain functions started to improve, Dr. Bailes recorded his findings and now says people suffering from minor to severe brain injuries can benefit greatly from omega-3s. “Consider this as a nutritional supplement, if you will, for their recovery, which I think has very profound effects on the brain,” he says. While Randal was the first known person with brain injuries to be treated with omega-3s, Dr. Bailes says he won’t likely be the last. And, Dr. Bailes says everyone can benefit from the supplement—in fact, he says he takes 800 milligrams of algae-based DHA a day.
Randal McCloy has gone on to live a normal life in a small town in West Virginia and has become the father of two children since the Sago coal mine disaster.
US Army Funds Three-year study of Omega-3’s Effect on Brain Health
Research published last year by Brain Health Education and Research Institute’s Michael Lewis, MD, in the Journal of Clinical Psychiatry reported that active-duty military with lower blood levels of omega-3 fatty acids were 62% more likely to have committed suicide compared to those with higher levels. In October 2012, the military announced they are funding a three-year study to do just that. In cooperation with the NIH, researchers at the Medical University of South Carolina led by Bernadette Marriott, Ph.D., a professor in the Clinical Neuroscience Division of the Institute of Psychiatry, will test whether omega-3 fatty acids found in fish oils can relieve the anxieties and quiet the suicidal thoughts plaguing many combat veterans.
“The potential good versus the potential extraordinarily low risk and low cost make this a type of intervention that can be – if findings are warranted – rolled out extremely fast and on a large scale,” said Dr. Ron Acierno, a co-investigator on the project at USC. “Omega-3s are among the primary fatty acids in the brain… They’re responsible for the neural generation and neural repair – for new neurons to be made and for broken ones to be fixed.”According to Dr. Hibbeln, “Research conducted in our lab [at the NIH] during the last 20 years points to a fundamental role for omega-3 fatty acids in protecting against major depression, substance abuse and other problems. Here we hope to be successful in understanding if omega-3 may play a role in reducing the risk of severe suicidal behaviors among U.S. military veterans.”
If research by the Army and Cleveland Clinic is successful, then diagnosis for brain injury could include an inexpensive blood test. Medical researchers are developing a test that will determine the presence of a protein that is released into the bloodstream after a person suffers a brain injury.
Researchers are currently testing their findings by analyzing the blood of college football, hockey, and soccer players to even diagnose concussions. Current methods of diagnosing brain injury involve the use of a CT scanner. These scans are expensive and may also fail to detect slight bleeding and other signs of a brain injury.
The military has also ordered nearly 50,000 sensor helmets with the ability to measure the severity of blows to the head and to detect possible concussions. The NFL is partnering with the military to place similar sensors in the helmets of professional football players.
Research indicates that the potential for serious lifelong traumatic brain injury is increased greatly if a subsequent head injury occurs a short time after a concussion, so a quick and inexpensive means of determining mild brain injuries could be a lifesaver for military personnel, workers, children, and sports participants.
Jeff Robinette, Experienced Brain Injury Litigation Attorney
As a lawyer who has helped victims of TBI navigate and receive substantial settlements from insurance companies, my great hope for these injury victims is that they would be able to move forward with their lives and receive the best care and treatment available. Kudos to those who are at the forefront of this helpful new research designed to overcome TBI and help those people function in a manner close to that of their pre-injury selves.
Submitted by the Robinette Legal Group, PLLC, West Virginia Injury Lawyers. Free books for WV accident victims — Call us today: 304-594-1800 for your free copy of Righting the Wrong: WV Serious Injury Guide; Collision Care: WV Auto Injury Guide; or Beside Still Waters: WV Fatal Injury Guide for Families. We are glad to answer your questions.
An ambulance and a flatbed semi-truck collided on Interstate 79 south near Weston Tuesday morning and closed the highway for almost two hours on Tuesday, January 15, 2013.
Jan-Care Ambulance Services confirmed Tuesday morning that a Jan-Care EMT died following the accident on Interstate 79 in Lewis County.
A Jan-Care ambulance was returning to the station from an EMS transport when it collided with a flatbed semi-truck Tuesday morning, according to the Director of Operations at Jan-Care Ambulance Services.
Lewis County sheriff’s deputy said Jan-Care EMT, a passenger in the ambulance, was injured in the accident and later died as a result of his injuries at Stonewall Jackson Memorial Hospital. The ambulance’s driver was treated and released. No patient was on-board the ambulance at the time of the accident.
A spokesman of Jan-Care reflected that “It is a real tragedy when something like this happens to someone who has devoted so much time and effort to helping others.”
The Lewis County Sheriff’s Department said the driver and passenger of the semi-truck involved in the fatal crash were not injured.
The collision happened south of the Weston exit at mile marker 97.5. Lewis County Sheriff’s Department and the Weston Fire Department were called to the scene. Drivers on I-79 south of Weston were stuck for an hour and a half until crews opened the shoulder to allow them to pass through.
The cause of the accident is unknown.
The Lewis County Sheriff’s Department and State Police are investigating the accident.
Submitted by the Robinette Legal Group, PLLC, West Virginia Injury Lawyers. Free books for WV accident victims — Call us today: 304-594-1800 for your free copy of Righting the Wrong: WV Serious Injury Guide; Collision Care: WV Auto Injury Guide; or Beside Still Waters: WV Fatal Injury Guide for Families. We are glad to answer your questions.
Click on the book image for immediate download, or if you are a WV injury victim, call 1-304-594-1800 or email our office today to have a softcover book sent to your home at no cost or obligation to you.
Collision Care: A Guide for West Virginia Accident Victims will give you the basic facts that you must know in order to make the best decisions for your present and future circumstances and to help you achieve the best result possible regarding your injury claim. (87 pages)
Righting the Wrong: West Virginia Serious Injury Guide provides serious injury victims and their families essential information about the insurance claims process to enable them to maximize their efforts to rebuild their lives. (161 pages)
Beside Still Waters: West Virginia Fatal Injury Guide provides surviving family members the information they need in order to pick up the pieces of their lives to enable them to rebuild a financial future for themselves and their children. (123 pages)
Click on a book cover image for a free immediate download, or if you are an injury victim or family member, call our office today to have a softcover copy sent to your home. Due to limited availability, there is a limit of one book per family.
All of these books can also be purchased on Amazon.com and Barnes and Noble for $16.95 each, plus shipping, but if you act now, Jeff will send it to you at No Cost or obligation.
Some of the useful information you will find in these books:
What Are My Legal Rights?
What Is Legal Liability?
What Is Comparative Fault? What happens if we were both at fault?
How Do I Prove My Claim? What documentation must I provide?
For What Damages May I Receive Compensation?
Do I Really Need A Lawyer? How to choose the right lawyer for your case.
Can I Afford A Lawyer?
Financial Motivation Of The Insurance Company – to minimize their pay-outs and maximize their own profit.
What is wrongful death?
Statements and Authorizations – Think twice and get advice before you sign that release!
Social Media Traps and insurance company surveillance of your activities.
Spoliation of Evidence, vehicle salvage issues.
And much, much more!
Bonus Information: The Anatomy of a Real-life Injury Case and 10 Ways to Ruin Your Case
Our Mission
Morgantown lawyer and principal attorney, Jeff Robinette, shares what he believes is the mission of the Robinette Legal Group, PLLC. The primary objective of a personal injury law firm is to help the average person who has been the victim of negligence against the powerful resources of the insurance industry.
About the Author:
Jeffery Robinette is a personal injury lawyer with decades of insurance litigation and trial experience in personal injury and wrongful death claims. Prior to representing injured individuals exclusively, Mr. Robinette was a partner in a major West Virginia law firm where he focused his legal practice on defending serious personal injury and wrongful death claims and lawsuits stemming from auto and truck collisions. He has also represented the nation’s largest and most powerful insurance companies at all levels of litigation including jury trials and appeals in state and federal courts in West Virginia.
Mr. Robinette taught insurance companies and their adjusters how to follow insurance laws and regulations, including how to adjust insurance claims in good faith. He was a frequent speaker at insurance conferences on West Virginia insurance law.
Submitted by the Robinette Legal Group, PLLC, West Virginia Injury Lawyers. Call us today: 304-594-1800. We are glad to answer your questions.