If you’ve suffered a traumatic brain injury (TBI) caused by another party's negligence, a successful personal injury claim can get you financial support for medical care and other expenses. It’s hard to prove the effects of a traumatic brain injury because conventional testing may not reveal the damage. Fortunately, emerging technologies like advanced biomarkers and neuromodulation therapies are transforming TBI diagnosis and treatment.
At the Law Office of Matthew A. Lathrop, we recognize how critical technology is in personal injury cases. These innovations can affect your case for better or worse. Omaha personal injury attorney Matt Lathrop explains what you need to know about biomarker tests and neuromodulation therapies and how they may impact your case.
The Promise of Biomarkers in Improving TBI Diagnosis
Historically, diagnosing TBI has relied heavily on clinical assessments and neuroimaging, such as CT scans and MRIs. However, these methods have limitations, particularly in detecting milder injuries. Patients with "normal" scans may still experience TBI symptoms.
That's where biomarkers come in. Measurable substances in the blood, cerebral spinal fluid, or brain tissue can indicate cellular damage associated with brain injuries. Researchers have identified several biomarkers related to the physiological changes of TBI. Some of these include:
- GFAP and UCH-L1. Glial fibrillary acidic protein (GFAP) and ubiquitin C-terminal hydrolase L1 (UCH-L1) are proteins specific to the central nervous system. Elevated blood levels soon after head trauma could point to TBI.
- Neurofilament light chain (NfL). This structural protein is abundant in axons. Higher concentrations in blood serum may reflect axonal damage from a brain injury.
- Tau protein. When brain cells are injured, tau proteins can leak into cerebrospinal fluid. Some forms of tau may be TBI biomarkers.
- MicroRNA. These small RNA molecules help regulate gene expression. Distinct microRNA profiles are associated with different TBI severities.
While biomarker testing isn't yet widely available, it holds the potential for diagnosing brain injuries earlier and more accurately. For personal injury cases, this could mean:
- Confirming "invisible" injuries
- Providing objective evidence of TBI
- Establishing injury severity
- Justifying necessary medical treatment
- Substantiating disability and impairment claims
Neuromodulation: A Targeted Approach to TBI Treatment
Effective TBI treatment has remained frustratingly elusive. Current approaches primarily focus on managing symptoms and providing supportive care. An emerging field called neuromodulation offers the potential for more targeted interventions.
Neuromodulation therapies use electrical or magnetic stimulation to alter nerve activity in the brain. These techniques aim to improve TBI symptoms and promote recovery by precisely targeting dysfunctional neural circuits. Some promising avenues include:
- Transcranial magnetic stimulation (TMS). This non-invasive procedure uses magnetic fields to stimulate specific brain regions. Repetitive TMS has shown potential for treating TBI-related depression, anxiety, and cognitive impairments.
- Transcranial direct current stimulation (tDCS). With tDCS, a low-intensity electrical current is applied through electrodes on the scalp. Early studies suggest it may enhance memory, attention, and executive function.
- Deep brain stimulation (DBS). DBS involves surgically implanting electrodes in specific brain areas. It is an established treatment for Parkinson's disease, and researchers are exploring its use for severe TBI.
- Vagus nerve stimulation (VNS). The vagus nerve connects the brain to many organs. Stimulating it with an implanted device may improve alertness and memory in TBI patients.
As neuromodulation research advances, TBI survivors may have access to treatments that can meaningfully improve their symptoms and quality of life. From a legal perspective, this could:
- Demonstrate efforts to mitigate damages
- Justify costs for cutting-edge treatments
- Value improvements in function and well-being
- Revise life-care plans based on new therapies
- Bolster claims for future medical expenses
Brain Injury Advancements in the Legal Landscape
While biomarker tests and neuromodulation are exciting developments, it's crucial to approach them cautiously in a legal context. Key considerations include:
- Admissibility. Expert testimony about novel technologies must meet standards for scientific reliability and relevance to be admissible in court.
- Interpretation. Biomarker results and neuromodulation outcomes require careful analysis within the larger clinical picture. Overstating their significance could undermine a case.
- Accessibility and cost. Cutting-edge tests and treatments may be expensive or difficult to obtain, affecting care decisions and damage calculations.
- Evolving science. TBI research is rapidly advancing, and legal arguments must adapt accordingly. Yesterday's "junk science" could become tomorrow's gold standard.
- Precedent. Early cases will set important precedents for how courts handle this evidence as these technologies enter the legal arena.
At the Law Office of Matthew A. Lathrop, we stay at the forefront of developments that impact our clients. We work with leading experts to present compelling, science-based arguments for the full impact of TBI and fight for the compensation you deserve. If you or a loved one are facing the challenges of a brain injury due to another's negligence, let’s explore how new advancements could strengthen your case and help you secure compensation.
