A boy, now in his teens, who was left severely brain-damaged at birth, had been awarded millions of pounds in a medical negligence case. Making it one of the biggest damage payouts in High Court history.

The boy, who was born in June 1991, was delivered several hours late, at North Devon District Hospital, and was starved of oxygen.

His legal team alleged that doctors had been medically negligent at the hospital, as a caesarean should have performed eight hours earlier when he became stressed in the womb. The Northern Devon Healthcare NHS Trust admitted being in breach of duty.

Mr Justice Bean yesterday approved a damages settlement that will mean the boy; who is currently at a residential school and will need to live in a care home for the rest of his life; will receive the financial support that he needs. No exact figure was given for the settlement, but his lawyers said that it could top £10 million.

A mother’s efforts praised
Mr Justice Bean, also praised the boy’s mother, for her endeavors and involvement with the case.

The mother, who thanked her lawyers for their support, said she had often felt “so alone”.

She also said in a statement outside the courts: “I have had to endure watching my son struggle and I have missed out on the joy of watching my first-born child grow up into a young man with all the hopes and aspirations any mother would have.”

“I’ve missed seeing my son go through school, university, falling in love and having a family of his own. I mourn the child I should have had, and his brother has been denied the older brother he should have had.

“My partner and other children have been so supportive and strong, but they have missed out on a normal family life over many years.”

The mother also added: “It is only now that we know my older son will have the care he needs that we can all begin to relax in the knowledge that he will have a good quality of life for the future.

“There has also been personal anguish, and initially guilt, for something that was never my fault. There is no relief in law to compensate families for these losses because no financial compensation can ever replace what we have lost.”

His medical conditions
The court was told that the boy now suffered from epilepsy, developmental problems, behavioural difficulties and autistic spectrum disorder. Barrister Michael de Navarro QC, for the NHS trust, stated that one of the reasons the case had taken so long to settle was a dispute about whether the boy’s autism had been caused by his birth or if it would have developed anyway.

He too paid tribute to the fight that the boy’s mother has shown for her son. “We hope this settlement will mean that T and his mother have a better future and a more secure future,” said the barrister.

The boy’s lawyer, Bernadette McGhie, said outside court: “The boy is a severely disabled young man, but his disabilities could have been avoided had the midwives and obstetricians acted promptly and secured his safe delivery a few hours earlier, as the hospital accepts they should have.

“Had they done so, the boy would not have suffered a hypoxic brain injury and there would have been considerable personal saving for my client, as well as a considerable financial saving to the NHS.

“His mother hopes that lessons have been learned. She believes that no family should have to suffer in the way that they boy and his family have had to suffer as a result of these failures.”

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Heart Attack: Delaying Brain Death in Cardiac Arrest Victims

As the victim of a heart attack stops breathing, a process of irreversible brain damage starts to occur within the first three or four minutes.  Or, does it?

Years ago, while researching heart attack and cases of sudden cardiac arrest, I stumbled upon an article in Newsweek Magazine about a boy drowning in icy waters.  Despite being submerged for over half an hour, he was pulled from the frigid river, resuscitated, and lived to recover completely.  He suffered no brain damage, and I wondered how this could happen.

My investigations shifted to how some people can apparently drown in cold water, have their heart stop beating (as in acute myocardial infarction or cardiac arrest,) stop breathing, and upon resuscitation — sometimes up to an hour later — completely recover and experience no brain damage. 

I wondered if a person’s chance for survival from a heart attack without brain damage could be extended past the 4-minute mark, as if he were submerged in cold water. 

My investigations became centered around why there is a delay of brain damage and brain death in cold water drowning victims and could that transfer to heart attack victims.

Brain Injury

An injury to the brain occurs when the flow of blood is disrupted.  It’s called a hypoxic-anoxic brain injury or “HAI.”  Hypoxic means partial lack of oxygen, anoxic means total lack of oxygen.

When oxygen deprivation to the brain is caused by an internal event like a heart attack, or acute myocardial infarction, it is considered an Hypoxicischemic injury – or HII.  The most frequent cause is from cardiac arrest.     

Driven to Research

I became curious… Every day I thought about “What if?”

What if…  we could delay brain death by submersing the heart attack victim in cold water? 

What if…  in an emergency – a victim could be placed in cold water at the first signs of cardiac arrest.

What if…  we could trigger this delay of brain damage in the event of an acute myocardial infarction by placing the victim in a cold shower?  What if…  that would delay the onset of an hypoxic brain damage injury?  What if… there was just something we could do to delay brain death in heart attack victims – like in cold water drownings…

The real question remained: In an emergency can the delay of brain damage be extended in cardiac arrest victims? 

If this were possible, to delay brain damage past four minutes, it would allow critical extra time before brain damage would start to occur to allow emergency personnel to reach heart attack victims and apply CPR, chest compressions or other therapy.

What if… you lived in the country and your spouse had a heart attack, and you didn’t know CPR?  Would submersion in cold water delay the onset of brain damage?  Because your choices of what you can do would be very poor without this kind of option.  You could call for help or an ambulance, then you could watch.  Sorry if this doesn’t sound good, but that’s the reality of it.

The questions kept me up at nights for years.

I kept thinking about it and thinking about it – what is it about cold water that delayed brain damage?  Can this be used in heart attack victims?  What if… if it worked?  How many lives it would save. 

I spent the nights and weekends, and the next few summers in the Philadelphia medical hospital libraries.  Days and nights of research.  Until I figured out the answer.  And here it is.

Here’s how to delay brain damage in heart attack victims.

My research into cold water drowning victims showed that the hypothermia created by the cold water helps to delay brain damage in cold water drowning victims.  But that’s not the specific reason cold water drowning victims survive up to an hour with no brain damage. 

The specific reason cold-water drowning victims survival without brain damage is due to the triggering of a natural reflex called the Mammalian Diving Reflex.  This oxygen-conserving reflex – found in all mammals – is responsible for delaying brain death and saving cold water drowning victim’s lives without brain injury, or HAI. 

My research also uncovered that the specific trigger point of initiating the diving reflex is a facial immersion in cold water.  Just the face.  Cold water — face only, triggers this entire reflex. 

Hypothesis:

When the oxygen supply to the brain of a person is shut off by heart attack or acute myocardial infarction, I believe it is possible to delay the onset of brain damage by triggering the mammalian diving reflex. 

The Dobkin Technique to trigger the diving reflex is to apply wet, cold compresses TO THE FACE of the victim.  When a person has a heart attack and stops breathing, immediately apply cold water, cold wet towels, or cold compresses (58 degrees or colder) to the face of the victim specifically covering the eyes.

The eyes, the ophthalmic nerve, is the exact trigger point to initiate the diving reflex — and delay the onset of brain damage formerly thought to occur within 3 to 4 minutes of oxygen deprivation to the brain.

The most apparent and immediate application for initiating the Dobkin Technique is to delay brain damage in heart attack victims. Heart attacks are the fourth largest cause of death in the U.S.  Using The Dobkin Trigger to initiate the diving reflex would expand the 3 or 4 minute safety window by delaying brain damage and brain death up to a half hour, maybe longer in heart attack victims.

The Dobkin Technique to delay brain death in heart attack victims will also work in victims of suffocation (asphyxia), electrocution, drug overdose, warm water drownings (which does not trigger this reflex), chest trauma – all these people could be helped by this easy to use, time-buying procedure of a simple cold wet towel or cold water compress to the face to delay the onset of brain damage. 

You can help.  You can help a lot.  Simply be aware you may be able to save someone’s life by initiating the Dobkin Technique – the immediate application of cold water or cold wet towels to the face of a heart attack victim in an emergency.

The Dobkin Technique is a simple-to-do, non-invasive time-buying procedure to delay brain damage.  It can be explained over the phone.  The procedure can be  done someone who is not trained; or by a child.

Please help.  Please report any instances of cold water drownings or the application of The Dobkin Technique to Delay Brain Damage to the writer – we’ll make sure to post all results.

You can make a real difference. Right here, right now. Pass it on. Publish this article on your website.  Please forward this article to family and friends, anyone you care about.  This simple technique may save someone’s life. Maybe the life of someone you know – or the life of one of their children.  Thanks.

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Brain injuries are almost always very serious, and the consequences life changing. Rehabilitation can take a long time. It follows that any claim for compensation for a brain injury is not likely to be resolved quickly. In fact it is typical for such claims to take between 3 and 5 years to complete. Each year in the UK, over a million people suffer a head injury that requires a visit to a casualty department and around 135,000 of these will be admitted to hospital with a serious head injury. Mostly, these injuries occur in road traffic accidents, falls and accidents at home or at work.

Figures obtained by Headway, the brain injury association, show that the people most at risk are in the age-group 15-29 and over 65. Those aged between 15 and 29 are three times more likely to sustain a brain injury than any other group. Men are two to three times more likely to suffer a brain injury than women. This rises to five times more likely in the 15-29 age range. Of those that are admitted, 85% will have sustained a mild head injury, 10% a moderate head injury and 5% a severe head injury.

There are two main categories of brain injury; Acquired Brain Injury (ABI) and Traumatic Brain Injury (TBI). An ABI is any brain injury that occurs since birth. These can be caused by illnesses such as strokes, haemorrhage, infection, hypoxic/anoxic injury or medical accidents. There can also be Traumatic Brain Injury (TBI) – Receiving a severe blow or jolt to the head, possibly in a car accident, fall or assault, can cause a brain injury. The majority of TBI cases result from road traffic accidents. A smaller proportion are due to domestic or industrial accidents, sporting or other incidents.

Although initially caused by a sudden force, a traumatic brain injury also includes any subsequent complications. There are three distinct phases that may occur.

* The first injury – the initial traumatic event, caused by a sudden force or impact and lasting only a few seconds. These can be crush injuries, open wounds or closed injuries in which external forces can cause the brain to be twisted or torn without any outside sign of injury.

* A second injury can happen during the minutes and hours following the first injury. Problems such as serious blood loss or a blocked airway can reduce the amount of oxygen reaching the brain, and result in oxygen starvation.

* A third injury can happen at any subsequent time, causing further complications. This could be as a result of bleeding, bruising or swelling in the brain or because blood clots have developed.

More people survive severe brain injuries nowadays because of advances in medical knowledge and surgical techniques. Those who have survived a brain injury usually have a normal life expectancy. An ever-increasing number of people are living with the long-term effects of brain injury. Estimates suggest that there are over 500,000 people living with disabilities as the result of head injury in the UK.

In any claim for compensation you must be able to prove that you have suffered an injury, and that another party was at fault. Medical reports will be required as supporting evidence. In brain injury cases, it can be difficult to assess the long term implications of an injury, and the level of support that the injured person will require in the future. It is possible, however, to obtain in interim settlement pending a delayed final settlement.

There are several elements that go to make up the compensation package. There is compensation for the injury itself. There is also an element that provides for support for both you and your family. Rehabilitation and treatment would form part of this element as well as possibly counselling and cognitive behavioural therapy. It may be possible to obtain this in some circumstances, even when liability is in dispute. A large part of the compensation will be for expenses, which includes loss of future earnings, care, medical expenses and equipment.

Whilst the main purpose of pursuing a claim is to receive financial compensation for your losses, it can also provide other positive benefits. For example, the Rehabilitation Code says that support should be provided to you and your family. This will usually be in the form of rehabilitation and treatment but can also include counselling or cognitive behavioural therapy or the appointment of a Case Manager, who can assess what support you need. In some circumstances, third party insurance companies will provide support and rehabilitation even when liability is in dispute.

The Solicitor will arrange for you to undergo medical examinations to determine the prognosis for your injuries. Any treatment needs and care requirements will also be identified during the examination. It will help your recovery if you are able to gain access to the recommended treatment as soon as possible.

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Brain injury can be as individual as people, because every case of brain injury can happen for different reasons and have different effects on people. Classifying the different types of brain injury can require a lot of research. Generally the classification starts with the two more common types of brain injury: traumatic brain injury and acquired brain injury. The levels are ranted as mild, moderate or severe. Brain injuries can also be classified as an open or closed brain injury. In this article, we’ll talk about the more common types of brain injuries.

Traumatic Brain Injury

Traumatic brain injury can happen whenever something strikes the head with force. The force would be strong enough to cause the brain to move in the skull causing internal damage to the brain. It can also occur if the skull breaks and the break itself injures the brain.

There are various reasons for this type of force. It could due to a violent experience, sports injury or a variety of other causes. Any event that causes the head to be struck hard enough an cause this type of traumatic brain injury.

This type of brain injury can also occur from rapid movement back and forth, shaking the brain hard enough in the skull that it becomes damaged. This more commonly happens in auto accidents or in cases such as Shaken Baby Syndrome.  The rapid movement back and forth can do severe damage to the brain.

How To Tell If You’ve Suffered Traumatic Brain Injury

If you have suffered a severe blow to the head, or have been in an accident where your head was violently shaken, or suspect someone else has had this type of injury, go to the emergency room immediately or call 911 for further assistance. It is recommended that you do not wait. Severe brain injuries can become worse and could become fatal if not treated immediately.

Common symptoms of traumatic brain injury are as follows:

Spinal fluid coming out of the ears or nose, looking like thin, watery liquid
Loss of consciousness
Suspected concussion – not all concussions cause loss of consciousness
Severe dizziness or loss of balance
Dilated eyes
Loss of vision, or change in vision, either improved or reduced
Slow pulse
Slow breathing
Vomiting
Lethargic
Headache
Confusion
Numbness or tingling sensations in any parts of the body

Different Types of Traumatic Brain Injury

Depending on how severe the injury is, the brain can suffer many types of injuries. Some of the more common classifications of such injuries include:

Diffuse Axonal Injury – This type of injury seems to be more common with the rapid movement of the head as occurs with Shaken Baby Syndrome. It usually happens because the skull is moving faster than the brain, causing certain structures in the brain to tear. This injury can be temporary or permanent, causing a coma or even possibly producing fatal effects.

Concussion – A concussion can be caused by violent action toward the head, by severe blows, or a whiplash effect. This type of injury causes blood vessels to stretch. It’s one of the more common types of brain injuries, and a concussion can take months or even years to fully heal.

Contusion – Again, this type of traumatic brain injury will happen with a violent action at the head. The injury is caused by bruising or bleeding on the brain. If the injury is severe and there is much bruising and bleeding, it can require surgery to correct.

Acquired Brain Injury

An acquired brain injury occurs any time after birth and is not induced by birth trauma or hereditary. This type of injury occurs on a cellular level. Such an injury can affect the entire brain, rather than a limited area like a traumatic brain injury.

Such injuries can occur for any of the following reasons: air obstruction, chocking, throat swelling, near drowning, electrical shock, trauma to the head, severe blood loss from open wounds, heart attack, stroke, infectious diseases, Meningitis, AIDS, brain tumors, toxic exposure, illegal drug use, overdose of drugs, alcohol abuse.

Symptoms of Acquired Brain Injury

Because this type of brain injury is internal, you might have a harder time trying to identify the symptoms. Some of the more common symptoms for acquired brain injury are:

Impairment of function, motor skills or memory
Long lengths of time spent in a still, ‘vegetative’ state
Sudden or severe behavior changes or problems – depression, restlessness, anxiety, psychosis, etc

As with traumatic brain injury, if you suspect someone may have acquired brain injury, call 911 or get the person to the emergency room right away.

Different Types of Acquired Brain Injury

Anoxic Brain Injury – This type of injury occurs when the brain is deprived of oxygen. There are three types of anoxia: Anoxic which is no oxygen is getting through, anemic which means severely limited amounts of oxygen is getting through, and toxic which means something is blocking the oxygen in the blood from being used in the brain.

Hypoxic Brain Injury – This sort of brain injury occurs when the brain does get oxygen, but doesn’t seem to get enough oxygen. It could happen because of lack of blood flow or blood pressure is weak.

If you should suffer from any symptoms listed, have suffered a blow to the head or you suspect that you or someone you know may have any form of brain injury, seek medical treatment right away. Call 911 if you see someone who has had an injury to the head, even if that person says they are fine.  When caught early enough, many types of brain injuries are treatable.

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