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We like to take note of outstanding verdicts and settlements from around the country on our blog.  Today an Arizona jury awarded $11 million to the widow of a 36 year old victim of a traumatic brain injury that occured at an assisted living facility.

While a resident at the facility his caregivers force fed him plastic bags, catsup packets, paper towels and candy wrappers which caused an obstruction of his GI tract.  These foreign body obstructions directly caused the patients death.

Every patient at every facility deserves to be cared for in a humane and dignified way. 

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Yesterday 45 year-old actress Natasha Richardson died tragically after she sustained a brain injury in what has been reported as a minor fall on a Quebec ski slope.  It has been reported in some media outlets that her brain become swollen after she sustained a shearing injury caused by whiplash type forces during her fall down.

While her autopsy has not been made public and we have no direct knowledge of the facts surrounding her death, the fact that what at first seemed to be a relatively minor injury resulted in tragedy is not an unfamiliar circumstance.  We have represented many brain injured clients who have suffered their injuries as a result of what at first seemed like mundane every day trauma.

In 2005 Goldberg & Goldberg, LLC hired a world renowned expert on vestibular function to measure shearing forces on the brain and theorize on how they translate to brain injuries..  Our expert’s reseach compared the relatively mundane forces that the brain experiences daily during activities of normal living to excessive forces on the brain that occur in activities like roller coaster riding or piloting a jet fighter.  What we learned was extraordinary.  Force on the brain cannot be measured on a linear axis.  The head and brain moves rotationally on a 360 degress plane.  The body cannot compensate for some of these more unusual head movements that at first glance seem ordinary.  As a result tremendous shearing forces can injury the brain.  This research has really helped us learn and understand the mechanisms of head injuries. 

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There is little doubt that technology has changed the way we communicate with each other. In the past several years social networking websites like Facebook and Twitter have allowed ordinary citizens to connect with one another in extraordinary ways. Trial Lawyers have always been concerned with influence outside information might have on jurors who are actively deliberating important matters in trial courts. At the intersection of the courtroom and technology we are confronted with an Interesting phenomenon. Facebook musings and tweets are now coming to you straight from inside the jury room.

In Philadelphia a juror on a major capitol murder case announced to Facebook that everyone “should stay tuned for a big announcement” before a verdict was announced in a trial that lasted more then five months. This is not an isolated incident. Apparently people are tweeting and facebooking live from the courthouse everyday.

Technology is a part of everyone’s life. People feel compelled to share the most intimate details of their personal lives with people they hardly know over the internet. It should come as no suprise that jurors are sharing the details of the courtroom online. The question for judges and lawyers is how do we deal with this. We live in interesting times.

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President Obama has nominated Indiana judge, David F. Hamilton, to an opening on the Seventh Circuit Court of Appeals in Chicago.  This is our new presidents first appointment to the bench.  Hamilton is currently a federal district judge in Indianapolis. He previously served as counsel to U.S. Sen. Evan Bayh (D-Ind.) when Bayh was governor of Indiana.

The 7th Circuit Court of Appeals is the federal appellate court that has jurisdiction over appeals of matters that occur in the federal courts of Illinois, Indiana and Wisconsin.  The court is located in The Everett Dirkson Federal Building and is composed of eleven judges.  The current Chief Judge is Frank H. Easterbrook who was appointed by Pres. Ronald Reagan.

Hamilton’s nomination was praised by consumer advocates.  “David Hamilton is an ideal choice for this seat,” said Kathryn Kolbert, president of People for the American Way. “Throughout his career, he has demonstrated a willingness to put principle ahead of politics and bring an open mind to every case.”

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