The condition at issue is known as chronic traumatic encephalopathy (CTE) which is a progressive degenerative disease that occurs when a protein known as tau becomes damaged and starts to fill up the brain.  Although much is still unknown about CTE, researchers believe that it can be directly linked to the thousands of head collisions that players received while playing some of the country’s most popular and lucrative sports such as football, ice hockey, and boxing.

Pinpointing the origin of CTE and its causal relationship to brain injuries will be critical in pending litigation involving former athletes against the major sports leagues.  The gist of the argument is that the leagues failed to warn players about the inherent dangers of concussions and head trauma.

Part of the difficulty of the litigation is proving the existence of CTE, which cannot be determined until after the person is deceased.

Origin of Chronic Traumatic Encephalopathy

The first pathologist in America to identify CTE in the brains of former NFL players was Bennet Omalu.  Back in 2002, when former Pittsburgh Steelers center Mike Webster died, Omalu obtained the family’s permission to conduct a detailed study of Webster’s brain during the autopsy.  What he observed during this autopsy as well as during subsequent autopsies of other brains, led him to establish the diagnosis of chronic traumatic encephalopathy.

Omalu observed smudges and tangles of tau deposits in the brain, very similar to those that appear on the brain scans of people afflicted with Alzheimer’s disease, but without the accompanying plaques of beta amyloid protein that is also seen in Alzheimer’s.

All humans have tau in their brains, but in people with Alzheimer’s, CTE, and some other brain-related conditions, the tau becomes damaged and forms clumps.  There is some evidence that the toxic form of this protein can proliferate and infect nearby cells, spreading the disease through the brain.

Studies have shown that among athletes and others who had experienced repetitive brain injuries, CTE related damage was indicated in 80% of them.  Of these, about 20% had died of suicide, gunshot wounds or drug overdoses.

Light therapy, the attachment of several LED clusters to the victims’ scalp whereby the light shines through the skull and permeates into the brain, is being studied as a possible treatment plan for CTE.  Additionally, there are experimental drugs that researchers believe may halt the progression of tau degeneration and actually improve cognitive ability.  The hope is that these therapies may help both Alzheimer patients as well as those suffering from CTE.

Information in this article was obtained from the Pittsburgh Post-Gazette.com

The Protocol was initially established in 2004.  The objective at that time was to provide guidance on the most effective ways to respond to adult and adolescent victims of sexual assault.

With the suggestions set forth in the revised Protocol, communities can consider what each procedure involves and any related issues.  It should be noted that the Protocol is a recommendation and in no way sets forth requirements that jurisdictional entities must follow; however, it is mandatory for medical facilities within the federal prison and military settings.

The updates contained in the latest revision sets forth new standards to reflect current technology and increases the emphasis on women-centered care.  It also incorporates changes that reflect provisions contained in the revised Violence Against Women Act.

The widespread belief is that better evidence collection results in significantly higher prosecution rates, convictions, and guilty-pleas.

The Protocol helps to establish methods of examinations that are sensitive, dignified, and reduce trauma.  It contains increased information about populations with special needs, such as those who speak little to no English.  Also included in these special needs groups are individuals with disabilities, American Indian and Alaska Native victims, victims in the military, and lesbian, gay and transgender victims.

The guidelines, for the first time, encourage examiners to provide emergency contraception to victims.  Health care providers who have a religious conflict with this practice may instead offer the victim information on how to receive such contraceptive services.

“Research shows that once victims get support, they’re more likely to cooperate with the criminal justice system,” stated Bea Hanson, acting director of the Justice Department’s Office on Violence Against Women.

To read the revised SAFE Protocol in its entirety, click here.

Information in this blog entry obtained from the New York Times.

According to USA Today, 1.3 million U.S. vehicles were recalled on Thursday April 11, 2013 due to airbags that were packed with a little too much punch.

Toyota, Honda, Nissan, Mazda, GM and BMW automobiles were fitted with airbags. The recall details claim that propellant canisters were causing intense, overly powerful inflation of the bags that could result in tearing or ejection of pieces that could cause injuries.  Approximately, 3 million vehicles world-wide were equipped with the faulty airbags from Takata, the Japanese manufacturer of the airbag technology.

So what triggers a safety recall anyway?

Unfortunately, trends are usually discovered through failures that lead to collisions or injury. One of the nation’s most infamous safety issues occurred in the early 2000’s when Ford and Firestone tires suffered a safety nightmare. The separation of Firestone tire components caused rollovers and collisions with Ford’s Explorer model. The safety flaw led to at least 174 deaths and 700 injuries. Bridgestone/Firestone faced 740 cases for wrongful death, personal injury or replacement costs.

U.S. consumers are encouraged to report safety issues with the National Highway Traffic Safety Administration (NHTSA). The NHTSA analyzes safety reports to uncover whether a potential defective pattern exists beyond singular incidents. The NHTSA has the authority to issue vehicle safety standards and can require manufacturers to recall vehicles with safety defects.

According to the NHTSA, 30,000 lives were lost on national highways in 2009.

The NHTSA website (NHTSA.gov) offers updates on vehicle and child seat safety recalls as well as providing information for traffic safety programs.
 

In 1990, Congress passed the Americans with Disabilities Act.  The ADA sought to ensure equal access to the workplace and public facilities for disabled Americans.  The result was the now well established practice of designated disabled parking spaces, curbside ramps, and automatic doors at malls, restaurants, banks, retail establishments, government buildings, and sports facilities.

Today, the growing popularity of online shopping has left blind and deaf Americans without equal access to virtual commerce.  However, recent court rulings and subsequent legal settlements are laying a foundation for mandatory compliance of online retailers.

The original ADA legislation did not take into consideration the possibility for online shopping or virtual entertainment.  The changing times and purchasing habits have caught up to companies such as Target and Netflix.  Target was one of the first companies to face legal action regarding its website accessibility. The National Federation for the Blind won a settlement from the prominent retailer to force innovations to its website that would assist visually impaired shoppers with their online transactions..

The National Association of the Deaf filed a class action lawsuit against Netflix last June claiming that the lack of subtitles on its online movie library was a violation of the ADA.  Netflix opted to settle the claim in October once a Massachusetts federal judge ruled that the ADA did in fact apply.  As part of the settlement agreement, Netflix paid about $800,000 in fees and promised to have its full catalogue subtitled by 2014.

Victories for disabled Americans in these cases will most likely lead to further lawsuits and settlements for non-compliant retailers nationwide.
 

This report contains material from the Wall Street Journal and CNN.
 

Distracted driving is any activity that could divert a person’s attention away from the primary task of driving.  These distractions include activities such as using a cell phone, texting, eating and drinking, talking to passengers, grooming, reading, using a navigation system, watching a video, and adjusting the sound system within the car.

The statistics of automobile accidents and fatalities every year in the United States due to distracted drivers is mounting.  In 2011, the number of people killed in car crashes involving a distracted driver was 3,331, compared to 3,267 in 2010. (U.S. Department of Transportation’s National Highway Traffic Safety Administration)

Cell Phone Use and Texting Especially Dangerous

With more than 300 million wireless subscriptions in America, technology has become a prominent part of people’s everyday lives.  Using technology when one is behind the wheel, however, can have devastating effects.  Because text messaging requires visual, manual, and cognitive attention on the part of the driver, it is by far the most alarming distraction.

Observational studies show that more than 100,000 drivers are texting at any given daylight moment, and more than 600,000 drivers are holding phones to their ears while driving.  A recent study indicated that sending or receiving a text takes a driver’s eyes from the road for an average of 4 – 6 seconds, the equivalent of blindly driving the length of an entire football field at a speed of 55 miles per hour. (Virginia Tech Transportation Institute)

In 2012, the Governor’s Highway Safety Association, GHSA, broadened its distracted driving policy to include a recommendation for states to ban handheld cell phones use for all drivers.  As of 2013, 10 states have enacted laws that prohibit all drivers from using handheld cell phones while driving, and 39 states have laws that prohibit text messaging for all drivers.

The GHSA published 10 tips for managing some of the most common distractions:
1. Turn it off – turn your phone off or switch to silent mode before you get into the car.
2. Spread the word – set up a special message to tell callers that you are driving and that you’ll get back to them as soon as you are able.
3. Pull over – if you absolutely must make a phone call, pull over to a safe area.
4. Use your passengers – ask passengers to make the phone call for you.
5. Eliminate the text – do not ever text and drive, surf the web, or read emails while driving.
6. Know the law – familiarize yourself with state and local laws before you get into the car, as some states prohibit the use of hand-held cell phones while driving.
7. Prepare – review maps and directions before you embark on your car trip.
8. Secure your pets – pets can be a big distraction so always keep them secure while you are driving.
9. Keep the kids safe – always pull over to a safe area while you address issues involving your children within the car.
10. Focus on the task at hand – refrain from smoking, eating, drinking, reading, and any other activity that takes your mind and eyes off the road.

The aftermath of an accident caused by someone else’s inattention to the road can be devastating. If you or someone you love has been injured in such an accident, call the attorneys at The Noteboom Law Firm (1-888-304-9700) to find out how we can help you.
 

The family of a Northern Illinois University freshman, who died during a pledge party for his fraternity, is suing the fraternity as well as individual members of the organization.  They allege that their son, who died November 2, 2012, was forced to drink excessive amounts of alcohol and that the fraternity failed to get help for him when he fell unconscious.  The fraternity allegedly made heavy drinking of alcohol a condition of membership.  At the time he was found dead, the victim had a blood-alcohol level that was five times the legal limit for driving.

College hazing rituals pervade campuses all across the country.  While sorority and fraternities have always had their rites of initiation, it seems that the severity of hazing rituals has greatly increased in recent years.  When college hazing goes too far and extends into cruel and dangerous acts, it is important to hold the responsible parties accountable. 
 

What makes these cases even more devastating is that Blitz reportedly ignored vital information that its gas cans were exploding because of a manufacturing defect and failed to implement a simple and inexpensive solution to the problem – the attachment of a “flame arrestor” to the nozzle of the gas can.  Amid a growing number of product liability lawsuits launched against the company for the defective design of the gas can, Blitz filed for Chapter 11 bankruptcy protection in 2011.

Blitz’s bankruptcy filing may impact its current and future liability; however, Wal-Mart may not get off so easily.  For years, Wal-Mart continued to sell the Blitz gas cans despite ongoing litigation involving horrific accidents resulting in catastrophic injuries and sometimes death.  Moreover, Wal-Mart never recalled the Blitz gas cans and reportedly declined to implement a safer design when given the opportunity because Wal-Mart did not like the idea of adding an additional cost.  Wal-Mart’s future liability given its negligence and willful misconduct seems likely.
 

Filing a statutory rape action isn't as clear-cut as you might think, however. The district attorney will be more interested if there is a large age gap between your daughter and her boyfriend: 15-years-old and 25-years-old is a no-brainer, but matters become a lot murkier if your daughter is 16 and her boyfriend is 18. In fact, in recent years, there has been a nationwide tendency to discourage these kinds of “Romeo and Juliet” statutory rape cases, since a convicted 18-year-old can find himself classified as a registered sex offender, a label that will follow him around for the rest of his life.

Assuming your daughter's boyfriend is 10 years older than her, what can you hope to accomplish with a successful statutory rape charge? Well, the defendant may find himself in jail for a few months, and he will be subject to various fines and limitations on his freedom—but it may still prove very difficult to keep him away from your daughter (or, more to the point, to keep your daughter away from him). Questions? Call the sexual abuse and assault attorneys at Noteboom – The Law Firm (888-304-9700) to find out what we can do for you.

This is especially true for wrongful death lawsuits brought in the wake of a criminal act. If, say, your spouse was murdered in a barroom brawl, and the defendant has already been found guilty in a court of law and is serving a five-year sentence in the local penitentiary, then there's probably not much you can hope to collect in the way of monetary damages (since he has likely exhausted his assets paying his lawyer!) Even if the responsible party has been found not guilty in a criminal trial, you may not have better luck; witness the difficulty the families of Nicole Brown Simpson and Ron Goldman had in collecting their multi-million-dollar award from O.J. Simpson, after he was found guilty of their wrongful deaths in a civil trial.

How can you tell whether the party responsible for your loved one's death has enough assets to merit a wrongful death case? One way is to hire a wrongful death attorney from Noteboom – The Law Firm, who will comb through individual's available records and piece together an “asset trail” that determines your next move. If you are genuinely entitled to damages, and the person has enough assets to make you whole, a wrongful-death action may be your best option. Call us at 888-304-9700 to find out more today.

Does this general rule apply to routine maintenance and upkeep? Only an experienced lawyer can tell you for sure, but keeping your bike well oiled and well maintained should actually aid, rather than hinder, your damage claim. This way, the maker can't accuse you of neglecting your bike's upkeep, and if you keep all of its parts in working order that makes it all the easier to identify the defect that caused your accident (and to hold the manufacturer liable for selling you a faulty product).

The basic rule is: if a key component of your bike (the brakes, the engine, the handlebars) failed, you need to show that you took good care of your motorcycle before the accident, and that you were entirely blameless for causing the crash in any way (say, by speeding or riding drunk). Then, and only then, will you have any hope of recovering damages from the manufacturer. Questions? Call the Texas motorcycle accident attorneys at Noteboom – The Law Firm (888-304-9700) to learn more today.

For the most part, Texas trucking concerns live up to their responsibilities, securing hazardous loads in extra-thick tanks that are resistant to impact and penetration. Sometimes, though, a company attempts to ship these chemicals “on the cheap,” using outmoded or poorly maintained trucks operated by poorly trained drivers, who may not even be aware that they're transporting the highway equivalent of a nuclear bomb. These companies may even encourage their drivers to speed, in order to make it across the state in the dead of night, when no one is watching (and when there's less traffic, and thus less possibility of an accident).

If you have been injured in a truck accident as the result of exposure to a spill or leak of toxic chemicals, you may be able to hold the trucking company to account for its lack of safety protocols or for the inexperience of its drivers. Questions? Call the Texas truck accident lawyers at Noteboom – the Law Firm (888-304-9700) to learn more today.

There is a way out, however. If it can be shown that the driver was obviously drunk when he or she left a bar or restaurant—and that the driver was well on the way to being drunk upon arrival at the establishment—it may be possible to hold the bar or restaurant’s owner accountable for continuing to serve this patron drinks, when he/she was obviously “out of control.” A similar principle applies to underage drivers using their parents' cars: if it can be shown that the parents were aware of their child's drinking problem, and allowed the child to “borrow” their car nonetheless, then they can be held responsible for any injuries (or deaths) caused by a horrific accident.

In the wake of an accident caused by a drunk driver, it's important to assemble as much evidence as you can, as quickly as possible, in order to sue for damages some time down the road. Often, the responsible driver will be facing criminal charges, and his or her assets will be drained by defense lawyers—so you need to stick your toe in and make your claim sooner rather than later. Questions? Call the The Noteboom Law Firm (888-304-9700) to learn more today.

Why is all this weaving and shoulder-driving so dangerous? Well, by definition, cars and trucks aren't nearly as maneuverable as motorcycles, and because they weigh more they can't stop as fast. A biker may have the split-second reflexes required to weave expertly in and out of slow-moving traffic, but the average motorist may not be so well equipped, and if he chooses to change lanes at the wrong moment there may be a serious collision. The rider of the motorcycle may well feel that the motorist used insufficient caution, but the fact that the biker was behaving recklessly himself will pretty much obviate any claims for damages. (The same situation applies in a dead-stop traffic jam: a biker weaving at high speed may wind up colliding with an open door, as the driver gets out to see what's going on!)

It's easiest to collect damages in the wake of a motorcycle accident if you can show that your own behavior did not contribute in any way to the outcome. Questions? Call the Texas motorcycle accident attorneys at Noteboom – The Law Firm (888-304-9700) to find out what we can do for you.

Sometimes, trucks jackknife for no discernible reason—the driver was going at a reasonable speed, he was obeying all traffic laws, and an examination of the maintenance records shows appropriate repairs and upkeep. But other times, the jackknifing can be traced to the negligence of either the driver or the owner of the truck. If it can be shown, for example, that the driver wasn't trained properly in the art of handling an 18-wheeler, the trucking company can be held responsible; you may also be able to sue the owner if the truck's trailer was overloaded (creating a deadly imbalance between the front and rear of the vehicle), if the equipment connecting the cab and the trailer had a known defect, or if the tractor or trailer were improperly maintained. You may also be able to sue the owner if the truck was carrying a deadly cargo (chemicals, toxic waste, etc.) that spilled out of the trailer as a result of the jackknifing incident.

Whatever the circumstances of your accident, you need to consult a law firm with deep experience in Texas trucking regulations. If you have been injured in an accident caused by a jackknifed truck, contact the Texas trucking accident attorneys at Noteboom – The Law Firm today (888-304-9700) for a free consultation.

For instance, any repairs or modifications you made to your car after it was purchased can considered by the manufacturer as not only voiding your warranty, but also voiding the manufacturer's responsibility for any subsequent accidents. Did you “trick out” your car's engine, or install a 5,000-watt stereo in a dashboard designed to accommodate something far less powerful? Did you make sure to adequately maintain your brakes with regular visits to a certified mechanic? Were you in any accidents that caused unrepaired structural damage to your car?

In a sense, it doesn't even matter if any alterations you made to your car—or any dents or other damage that you failed to fix—really had anything to do with an accident that you claim was caused by a stuck accelerator pedal. All the manufacturer has to do is plant a seed of doubt in the mind of your insurance adjuster, or of the judge who presides over your case, if it should happen to come to trial. Questions? Call The Noteboom Law Firm (888-304-9700) to learn more today.

It is perfectly reasonable, after you have had time to reflect on the situation, to pick up the phone and call a personal injury lawyer. However, you should first ask yourself these questions and answer them as honestly as you can:

• Was the accident entirely the other person's fault? Or did I contribute to it in some way?
• Could a doctor reasonably have prevented the hospital death of my close family member? Or was it just time for her to go?
• Am I attempting to “cash in” on an accident that was mostly my fault? Was I even that badly injured in the first place?
• Is my doctor intentionally exagerating the seriousness of my injuries? Am I, or are my family members, assisting him in this process? 

Depending on how you answer these questions, an honest personal injury lawyer will advise you either to go ahead with a lawsuit or to abandon any hope of collecting damages and concentrate on recovering from your injuries instead. Interested in learning more? Call the Texas personal injury attorneys at Noteboom – The Law Firm (888-304-9700) for a free consultation today.

How much alcohol is “too much” when it comes to pursuing a date rape claim? Well, one or two drinks over dinner is unlikely to have much of an impact, though this will certainly be seized on by an aggressive defense attorney. The key thing is to demonstrate that you were in a sober- enough state of mind to decline the sexual advances of your alleged assailant. If witnesses at a bar can testify that you were falling-down drunk shortly before the incident took place, that may plant a seed of doubt in the judge's or jury's mind that you did consent to the sexual act. Also, if you were sufficiently intoxicated, a defense attorney may maintain that you simply didn't remember the events of the previous night, and assumed the worst about what happened! (The same goes for drugs: evidence of ecstasy or methamphetamine use may doom your date-rape claim before you can even file the paperwork.)

Are you a Texas resident who feels that you have been the victim of date or acquaintance rape? You need an experienced lawyer to guide you through the process of filing a case—which is why you should consult the Texas date rape attorneys at Noteboom – The Law Firm (888-304-9700) at the earliest opportunity.

There are certain situations, though, in which the survivors may be entitled to exemplary (often referred to as "punitive") damages. For example, if your loved one perished in a car accident caused by another driver's negligent behavior (say, the driver failed to look in his rear-view mirror before changing lanes on the highway), it's unlikely that punitive damages will be involved in the settlement. However, if the accident was caused by a truck driver who had fallen asleep at the wheel—and if his employer was aware that he had fallen asleep on previous occasions—then you may be entitled to punitive damages from the trucking company because it should have been more proactive in reprimanding its employees.

Generally, the purpose of punitive damages isn't to enrich the victim's family, or even to compensate them for their mental anguish, but to send a loud, public message to the responsible party and to dissuade other companies and individuals from engaging in the same reckless behavior. Also, if you are awarded punitive damages, these will be in addition to, rather than instead of, the damages for your loved one's loss of future income. Questions? Call the Texas wrongful death attorneys at Noteboom - The Law Firm (888-304-9700) for more information.

Why? Well, few people are sufficiently calm and collected in the wake of a vehicle accident to negotiate rationally with other motorists and protect their own interests. First of all, you may believe that you have suffered only a few cuts and bruises, but later examination may reveal broken bones, internal bleeding or even a serious concussion. The same goes for your bike: what looks like a minor dent may actually involve some serious structural damage, necessitating thousands of dollars' worth of repairs.

More to the point, if you come to some kind of informal agreement with the other driver (or drivers) involved in your crash, that may well come back later to bite you in court. The other driver may testify that you weren't seriously injured, or that you were eager to leave the crash scene as soon as possible, or that you agreed to a cash payment and then changed your mind when a lawyer dangled the possibility of collecting damages. The bottom line is, the first person you should talk to after an accident is a police officer, not another motorist. Questions? Call the Texas motorcycle accident attorneys at Noteboom - The Law Firm (888-304-9700) for more information.

• The operator of the truck was improperly trained, and not explicitly told to pull over by the side of the road and take a nap if he's excessively fatigued.
• The trucking company was aware that the driver was popping prescription or illegal "uppers," yet did nothing to stop this behavior.
• The driver's employer set an unrealistic delivery schedule, essentially compelling him to drive for 18 or 24 hours at a stretch.
• The driver had been previously reprimanded for falling asleep behind the wheel or refusing to take breaks, yet the trucking company continued to employ him.
• The driver's employer not only refused to chastise him for taking pills, but actually supplied the pills so he could make his deliveries on time.

It's very rare that the driver of a truck actually owns his own vehicle and is solely responsible for damages in the event of an accident; in the vast majority of cases, he's either a full-time employee of a trucking company or has been hired on a per-job basis. Questions? Call the Texas truck accident attorneys at Noteboom - The Law Firm (888-304-9700) for more information.