The Challenges of Proving Traumatic Brain Injury
One of the most challenging aspects to proving a case involving traumatic brain injury is rebutting the testimony of medical expert witnesses hired by the defense who claim that no such injury exists.
The very defense experts who make their living testifying against plaintiffs in traumatic brain injury cases have also testified against brain-injured veterans and veterans with PTSD who are seeking disability coverage. These defense experts have rarely seen a person whom they believe had a real brain injury or suffered long-lasting PTSD.
In nearly every case, the “go-to” brain injury defense experts will come up with an explanation other than brain trauma to explain the plaintiff’s symptoms. They will administer bogus neuropsychological tests or misinterpret neuropsychological tests to support untrue testimony that the plaintiff is faking or malingering. They will blame the symptoms on any and every other medical condition that the plaintiff had in his or her past.
Defense consultants will ignore peer-reviewed medical literature and give opinions that are not supported by science. Sometimes they will go so far as to testify contrary to their own published medical literature.
An experienced traumatic brain injury attorney has read and understands the brain injury literature, and knows that the junk science cited by these defense consultants has been debunked. He or she also knows how to cross examined the defense consultants in order to expose their improper methodology and unprofessional biases. Experience is required to successfully prove these cases and win on your client’s behalf.
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Michael Phelan is a Virginia trial attorney who practices with a special focus on traumatic brain injury (TBI) cases, pharmaceutical and medical device claims, product liability cases, and truck accidents. Michael’s peers have consistently recognized him for his excellence as a trial lawyer, and his clients have praised him for his commitment to deep research, his outstanding communication skills, and his sincerity and dedication.