Brain Injury Lawsuit Leads to $14 Million Award

Richmond, VAAn airbag defect that resulted in a brain injury and a brain injury lawsuit has resulted in an award of $14 million to the victim. Meanwhile, a court has ordered the NFL players and the league, involved in a dispute over concussions and traumatic brain injuries, into mediation.

The airbag lawsuit was filed by Zachary Duncan against Hyundai, Reuters reports (7/1/13). The lawsuit alleged the airbags in the victim’s Hyundai Tiburon did not deploy in a car accident because the sensors were placed in the wrong location. Furthermore, the lawsuit alleged, Hyundai knew there were risks associated with the placement of the sensors. Hyundai argued its airbags met federal standards.

A jury found in favor of Duncan, who suffered a traumatic brain injury in the accident. According to Medical Daily (7/2/13), Duncan had to relearn to walk and talk, and has short-term memory problems. His medical bills so far have reportedly amounted to more than $100,000. Hyundai has said it intends to appeal the award.

Meanwhile, a judge has ordered the NFL and its players into mediation in their dispute over head injuries. The Wall Street Journal (7/8/13) reports that more than 4,000 NFL players are involved in the lawsuit, which alleges that players suffered head injuries as a result of their involvement in the sport and further alleges that the league knew about the risks associated with repeated head injuries but failed to protect players or properly warn them about those risks. The players also allege the league concealed the results of studies that linked concussions to long-term brain damage and neurological problems.

The NFL had filed a motion to dismiss the lawsuit, but no decision will be made until September. The players filed a lawsuit arguing their collective bargaining agreement is not enforceable, while the league argues any claims must be dealt with through collective bargaining.

Among the complaints are that former players suffer from concussion-related injuries including neurological conditions, dementia and Alzheimer’s disease. Some former players who have died, including some who committed suicide, have been diagnosed after their death with chronic traumatic encephalopathy (CTE). Chronic traumatic encephalopathy has been linked to repeated blows to the head, but can only be diagnosed once the patient has died.

The Boston University Center for the Study of Traumatic Encephalopathy describes the condition as “a progressive degenerative disease of the brain found in athletes (and others) with a history of repetitive brain trauma, including symptomatic concussions as well as asymptomatic subconcussive hits to the head.” According to the center, changes in the brain, which can include the buildup of a protein called tau, can appear years after the last brain trauma. Patients with CTE may experience memory loss, impaired judgment, aggression, confusion and progressive dementia.