"Too Often, Unrecognized Brain Injuries Result from Amusement Park Rides," Says Attorney

July 28, 2011, 7:00AM. By Jane Mundy

West Palm Beach, FL"One of the greatest tragedies about brain injury cases is how often they go unrecognized," says John Romano of Romano Law Group, who routinely handles amusement park injury cases. "We have been involved in a number of cases when days or even weeks later parents notice a change in their child and they remember the amusement park ride…"

Romano sees a lot of brain injury cases: According to the CDC, every 21 seconds someone in the US sustains a traumatic brain injury (TBI), which is defined as a sudden physical damage to the brain—the result of a sudden, violent blow or jolt to the head. More than 50,000 people die of TBI each year, and some 5.3 million Americans who have suffered TBI will have life-long effects and need help performing daily activities. Most TBI's result from falls, and a close second from motor vehicle accidents, followed by struck by/against events, which typically result in mild traumatic brain injuries (MTBIs) and are often related to sports or recreational activities, including amusement park accidents.

Romano is referring to closed brain head injuries that go unrecognized: the type of injury that isn't physically visible but can lead to severe brain damage and even death. And he sees this type of injury increasingly in children that are too young to go on certain rides—such as roller coasters—in amusement parks.

"Often, a physician will not at first detect a mild brain injury," says Romano, "but family members or friends start to see changes in personality and behavior such as speech patterns, or the individual may act and think 'differently.' Then they think back to something that may have happened in the amusement park."

A number of amusement park rides involve extreme physical movement, such as violent up and down movement. "It's easy to make a connection to a brain injury when a person has come into contact with say, a steel object," says Romano, "but when the head is whipped back and forth or up and down, under these circumstances a severe brain injury can result because the brain is being knocked violently back and forth against the skull."

Romano says it is very important for family and friends "to have an ever watchful eye for changes after going to an amusement park, and if you do see anything different, get into ER or see a doctor on a priority basis.

"For instance, Billy goes on a roller coaster ride and he immediately complains of headache or vision problems, his speech has changed or he has dizziness and nausea. These symptoms could be minimal and temporary, but at the same time, they could be some form of a closed head injury that requires immediate attention."

Amusement park accidents are not limited to children. Every now and then you hear of someone who has blacked out or suffered a heart attack—for many thrill-seekers, the scarier the ride, the better. "Some of these rides are designed to take you to the physical edge—beyond just it's scary or thrilling," Romano explains. "Some of them drop, start and stop at drastic speeds. Roller coaster G-forces (gravitational force) are more than some individuals can withstand." And brain injuries aren't just limited to roller coasters; Romano's firm is investigating one amusement park case where a young girl hit her head twice on a water slide.

Who is at fault when someone sustains a brain injury? Romano says it depends. "We look at any amusement park ride in terms of who the operators are letting on the ride. One of the biggest problems is that some operators allow children that are too young to go on violent rides. Many of these roller coasters are not meant for little kids but it means more profit for the operators and owners of the rides to fill more seats. Of course it is up to mom and dad to check the regulations, but ultimately the operators should not let them on—you can't fool around when it comes to these violent rides."

What can be done to ensure that everyone follows the rules? "We need to make sure operators are well trained and follow the rules and regulations so the risk to people will be minimized," says Romano. "You will always have some people who try and skirt the risks—kids lie about their age or even parents lie about their kids' ages. But operators should have a keen eye to look out. They should turn people away.

"My family recently went to an amusement park. My kids love the roller coaster: the faster and higher they go the better. Our youngest boy is only five and he was so excited, but you're not supposed to go on the ride unless you are eight—it was a mean roller coaster. We held him back but the ride operator winked at us and said, 'Come on, he will be fine.' My wife came off the ride and said, 'Thank god he didn't go,' because it was faster and more powerful than she expected and he would have been terrified. Sure the big attraction is that the rides are scary and thrilling, but you dont want your child to wind up with a brain injury as a result."