New Study Debunks Claim that Neuroplasticity is a Myth—the Later the Onset of Mild TBI, the Worse the Outcome

The theory of neuroplasticity holds that the brain will change and adapt to different conditions including to childhood injuries. This theory is often challenged and sometimes referred to as a “myth.” However, a new study by Seena Fazel and colleagues from the Department of Psychiatry at University of Oxford in the United Kingdom delivered data that supports the claims of neuroplasticity theorists. Fazel’s conclusions reveal that the later a mild TBI is sustained, the worse the health and social outcome is for the patient. The study also found a causal effect between childhood Traumatic Brain Injuries (TBIs) and the risk of brain impairment and social dysfunction at later stages in life.

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New Study Calls into Question Need for Extended Rest Following Concussion

Following a concussion, patients are instructed to rest for twenty-four to forty-eight hours beginning any type of return to normal activities.  Many doctors recommend an even longer period of rest so as to reduce the risk of re-injury during recovery from the concussion.  Some clinicians even advocate “cocoon therapy” which “restricts patients to several days in a darkened room before slowly returning to activity.”

A new study out of the Department of Pediatrics at the Medical College of Wisconsin calls into question the efficacy of cocoon therapy.

Danny G. Thomas, M.D. and his colleagues conducted a study of patients aged between eleven  and twenty-two years who presented to a pediatric emergency department within twenty-four hours of having sustained a concussion.  Participants underwent neuro cognitive, balance and symptom assessment in the emergency room and were randomized to strict rest for five days versus the usual care of one-two days rest followed by stepwise return to activity.  Patients were asked to complete a diary to record physical and mental activity level, calculate energy exertion, and record daily post concussive symptoms.

Ninety-nine patients were enrolled and eighty-eight completed all study procedures.  Post discharge, both groups reported a 20% decrease in energy exertion and physical activity levels.  As expected, the intervention group reported less school and after-school attendance for days two to five post concussion.  However, “there was no clinically significant difference in neuro cognitive or balance outcomes.  However, the intervention group reported more daily post-concussive symptoms and slower symptom resolution.”  The conclusion of the researchers was “recommending strict rest for adolescents immediately after concussion offered no added benefit over the usual care.  Adolescents’ symptom reporting was influenced by recommending strict rest.”

This study can be downloaded from pediatrics.aappublications.org.  The study is entitled “Benefits of Strict Rest after Acute Concussion:  A randomized controlled trial, Thomas

Space, DG, APPS JN, Hoffman RG and McCrea M, and Hammeke T.  Pediatrics, Vol. 135, No. 2, February 2015.

If you or a loved one have suffered from a brain injury and have legal questions, contact Stark & Stark today.

Impact Location and Concussion Outcomes in High School Football Players

A new study out of the University of Colorado-Denver found that regardless of the location of impact of high school football players who sustained a concussion, there was no difference in the outcome. Researchers, noting that “little research has examined concussion outcomes in terms of impact location (i.e., the area on the head in which the impact occurred), utilized the National High Schools Sports-Related Injury Surveillance Study dated between 2008/2009-2012/2013 to calculate rates and describe circumstances of football concussion (e.g., symptomatology, symptom resolution time, return to play) resulting from player-to-player collisions by impact location.”

Johnson & Johnson Accused of Destroying Critical Vaginal Mesh Documents

As the vaginal mesh implant multidistrict litigation continues in West Virginia, attorneys for one of the bellwether plaintiffs recently filed a motion alleging that officials of Johnson & Johnson’s Ethicon unit, manufacturers of the Gynecare Prolift implant, lost or disposed of potentially hundreds of thousands of documents over the past decade despite orders to preserve the information. The filing was made as the parties gear up for trial, currently set for February 10, 2014 in Charleston, West Virginia federal court. The motion alleges that Ethicon employees admitted to the destroying documents. The motion asks the court to limit Ethicon’s ability to rely on various defenses in the bellwether and other trials.

If you or a loved one has experienced any injury from the use of a vaginal mesh implant, please contact Stark & Stark and speak to one of the Mass Tort attorneys, free of charge, who can help assess any claims that you might have against Johnson & Johnson.

Vaginal Mesh Bellwether Dates Announced

As we have previously advised, the vaginal mesh implant litigation continues to move forward nationwide. The next trial in the federal court litigation is scheduled for early December 2013, against C.R. Bard, Inc., one of the manufacturers of the mesh device. There are four other bellwether cases set for trial in 2014. A lawsuit involving Johnson & Johnson’s subsidiary Ethicon is also set for trial on February 10, 2014. Additionally, trials against Boston Scientific Corp. and American Medical Systems are set for March and April 2014. There are currently more than 30,000 pending lawsuits.

If you or a loved one has experienced any injury from the use of a vaginal mesh implant, please contact Stark & Stark and speak to one of the Mass Tort attorneys, free of charge, who can help assess any claims that you might have against a manufacturer of the vaginal mesh device.

Parties Preparing Consolidated Pleadings in Byetta, Januvia/Janumet and Victoza Litigation

As we have previously reported, the United States Judicial Panel on Multidistrict Litigation (JPML) granted multidistrict litigation (MDL) treatment to the incretin mimetic litigation, meaning that all federal lawsuits filed across the United States are now centralized in one judicial district. The incretin mimetic litigation, which includes the medications Byetta, Januvia/Janumet and Victoza, was centralized in the Southern District of California. This consolidation streamlines the pretrial discovery process, allowing the parties to avoid duplicative discovery and inconsistent rulings from different judges.

The Honorable Anthony J. Battaglia is presiding over the litigation in the Southern District of California. Judge Battaglia recently set deadlines for the parties regarding the composition of the Master Consolidated Answer. The court tentatively set December 31, 2013, as the deadline for when Defendants must file the Master Consolidated Answer.

If you or a loved one has suffered from pancreatic cancer after taking Byetta, Januvia/Janumet or Victoza, you can contact Stark & Stark and speak to one of the Mass Tort/Pharmaceutical Litigation attorneys, free of charge, who can help assess any potential claims.

Over 150 Cases Added to DePuy Pinnacle Lawsuit

As we have previously reported, there are over 10,000 lawsuits pending nationwide against Johnson & Johnson for its metal-on-metal hip replacements, the DePuy Pinnacle and the DePuy ASR. Plaintiffs allege that the metal-on-metal hip replacement devices have a higher-than-normal failure rate. Additionally, some plaintiffs have complained that the device has caused metal poisoning, called metallosis, due to high levels of chromium and/or cobalt.

According to a Master Case List update, approximately 150 new cases were filed in September 2013. The Judge presiding over the litigation issued an Order on September 30 requiring that all Pinnacle suits, with the exception of those that have already been selected to serve as bellwether cases, be stayed until those trials have concluded.

If you have had a hip replacement, which used the DePuy ASR or DePuy Pinnacle devices, you can contact Stark & Stark to speak to one of the Mass Tort Attorneys, free of charge, who can help assess any claims that you might have against the DePuy manufactures.

DePuy ASR Lawsuit Settles in New Jersey

As we have previously reported, DePuy Orthopaedics, Inc. has recalled its ASR hip replacement device. There are thousands of cases pending across the country related to the ASR device. These cases continue to proceed in state and federal courts.

The cases currently pending in Bergen County, New Jersey continue to move closer to trial. However, one of the first cases scheduled for trial has now settled. The most recent case management order indicates that that case has been resolved and removed from the docket pending a signed stipulation from the parties. Some commentators are optimistic that DePuy is considering a global settlement that will end the litigation nationwide. In New Jersey, the next Case Management Conference is scheduled for November 21, 2013.

If you have had a hip replacement, which used the DePuy ASR or DePuy Pinnacle devices, you can contact Stark & Stark and speak to one of the Mass Tort attorneys, free of charge, who can help assess any claims that you might have against the DePuy manufacturers.

Mirena Litigation Centralized in New Jersey State Court

On May 13, 2013, a Notice to the Bar was issued by Judge Glenn A. Grant, Acting Administrator of the Courts, advising that an application had been made, pursuant to Directive #7-09, “Revised Mass Tort Guidelines,” requesting designation of all New Jersey state-court litigation involving Mirena Intrauterine device (IUD) as a multicounty litigation and assignment for centralized management in Bergen County.  The federal cases have already been consolidated in the in the Southern District of New York. All New Jersey cases shall be assigned for to Judge Brian R. Martinotti in Bergen County, New Jersey, who will be overseeing all aspects of pretrial discovery.

As we have previously reported, women across the country have alleged serious injuries resulting from their use of Mirena IUD.  These complications include device expulsion, device dislocation, perforation and vaginal hemorrhage that may require hospitalization or surgery.

If you feel you have experienced any side-effects from using the Mirena IUD, you can contact Stark & Stark and speak to one of the Mass Tort/Pharmaceutical Litigation attorneys, free of charge, who can help assess any claims that you might have against Bayer.

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