Thousands of military veterans in Louisiana and two dozen other states have received inadequate treatment for Traumatic Brain Injuries, the government now admits. So, the Veterans Administration will offer new TBI exams to about 25,000 veterans nationwide; some victims could be eligible for retroactive benefits dating back to 2007.
The investigation began at a VA medical center in Minnesota where, according to records obtained after a Freedom of Information Act request, only one out of the twenty-one professional TBI examiners qualified under the VA’s own standards. These reports prompted an investigation, which was spearheaded by Rep. Tim Walz (D-MN); the investigation revealed that many veterans were initially misdiagnosed and others received insufficient medical attention.
David McLenachen, the VA’s Deputy Undersecretary for Disability Assistance, said that “taking a look” at these disputed cases is “the only fair and right thing to do.” [Read more…] about Neglected Veterans In The Bayou State To Receive Proper Brain Injury Treatment
Pain and Suffering
Fatal Accident Involving ATV in Louisiana's Big Easy
A Louisiana woman who was run down by an ATV on July 27 has died. Her friends and family rallied around her, and she was never alone at the hospital. Despite all of the medical intervention, prayers and support, the woman succumbed on Aug. 5 to the injuries she suffered as a result of this now-fatal accident.
Even though the crash that put her in the hospital was caught on tape, police do not seem any closer to locating the driver of that ATV and its passenger. The man driving the ATV lost control and slammed into the woman and a car parked nearby. In spite of the fact that the ATV flipped numerous times, the driver and passenger walked away from the crash.
After the impact, the Louisiana woman’s sister ran to her side, but the sight of her was too much to bear. All she could do was sit with her sister and hold her hand. The now deceased victim left behind a family that includes two sons, ages 12 and 5. What is worse is that the woman had no insurance, and after nine days in the hospital, the medical bills are surely extensive. A fund was set up at a bank in New Orleans for donations.
When police locate the driver of the ATV responsible for this fatal accident, the family may exercise its right to file a wrongful death claim against him. A successfully litigated claim could result in damages for medical costs, funeral and burial expenses and pain and suffering. The victim’s two children must now be raised by others, and a successfully presented claim for financial damages would typically include demands for their future care.
Update: Driver Charged in Fatal Accident Involving Cyclists
We first brought you the story of two bicycle riders struck by a vehicle on April 14, 2014 (“Ironman training cut short by fatal accident for 2 Louisiana men”). The two men were out cycling that morning to train for the Ochsner Ironman triathlon. The driver of the vehicle that hit them has now been charged in connection with the fatal accident that caused the death of one of the bicycle riders and the injury of the other.
The cyclist who died was a firefighter in a neighboring state, and the injured driver was his brother-in-law. The impact caused both men to become airborne when they were struck. The force with which they were struck contradicts the driver’s story that he was only traveling between 40 and 45 mph at the time. He also told police that the two bicycle riders moved into his path.
Based on the results of their investigation, authorities charged the driver with negligent injuring and negligent homicide. The information gathered in the investigation and by the family of the deceased firefighter and his brother-in-law may be of use in any related civil litigation. Further, if prosecutors are able to secure a criminal conviction against the man, proof of that may be presented in civil court as evidence of the driver’s negligence.
If negligence can be proved, a Louisiana civil court may award damages to the parties that are permissible under our state laws. Those damages include items such as medical expenses, burial and funeral costs and pain and suffering — among other specified financial losses. Any monetary relief received could defray the inevitable costs associated with a fatal accident.
Impairment Suspected in Fatal Accident on I-55 in Louisiana
Louisiana State Police officers closed a portion of southbound Interstate 55 for several hours on March 11 while they investigated and cleaned up a three-car crash. Three people were injured and two people lost their lives in the fatal accident. Officers suspect that impairment was a significant factor in the crash.
The driver suspected of being impaired was traveling north on Interstate 55 in the southbound lanes between Ruddock and Manchac. His vehicle and another vehicle ended up colliding head-on. A third vehicle was able to avoid colliding with the two vehicles, but the fluids spilling out from the wrecked cars onto the road caused the driver to lose control and slam into a guardrail.
The 32-year-old wrong-way driver suffered fatal injuries and died at the scene. Emergency personnel transported the two passengers in his vehicle to area hospitals for treatment of moderate injuries. The driver of the vehicle the wrong-way driver slammed into survived the crash, but later succumbed to his injuries at a local hospital. The driver of the third vehicle refused medical treatment for seemingly minor injuries.
Louisiana State Police investigators are awaiting the results of toxicology tests to confirm or deny whether the driver of the northbound vehicle was impaired at the time of this fatal accident. Obviously, no criminal charges could be filed against the man since he died in the crash, but the family of the other deceased driver and the injured victims may file civil actions against his estate. Damages such as medical costs, pain and suffering and other financial losses recognized by our wrongful death and personal injury laws may be awarded if negligence is proved to the satisfaction of the court.