Diagnosing and Proving Traumatic Brain Injuries and PTSD
2 hour CLE
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Program Summary
Session I – Mild Traumatic Brain Injury: Common Misconceptions – Dr. Steve Lockman
In this session, Dr. Lockman will explain what traumatic brain injuries (TBIs) are and clear up common misunderstandings. He will cover what defines a mild TBI, how the injury starts, and why standard tests don’t always show the full picture. This talk will help attendees better understand how TBIs work and why they can be hard to assess.
Key topics to be discussed:
- What is a TBI (traumatic brain injury)?
- Definition of mild TBI
- Initial injury in TBI
- Limitations to Neuropsychological testing following mTBI
Session II – Traumatic Brain Injuries in the 21st Century – James W. Balmer and Michael Garbow
Prior to September 11, 2001, neither the general public nor their lawyers paid much attention to concussions or their sequelae. Frequently, they were subject of humorous TV ads.
That changed as combat veterans returned from Afghanistan and Iraq, disabled by exposure to IEDs, prompted increased attention from medical researchers. Further change was brought about by legal action against the NFL by its former players suffering chronic traumatic encephalopathy.
These days, brain injuries are given needed attention in motor vehicle and premises liability litigation. Significant obstacles to successful litigation outcomes remain.
Key topics to be discussed:
- These injuries are taken more seriously since middle east military conflicts and NFL litigation resulted in greater attention to them
- TBIs are usually invisible injuries and so are more difficult to prove
- Victims and their health care providers, as well as jurors, frequently fail to recognize them
- TBI consequences can be totally disabling
Session III – PTSD in the Courtroom: Proving Physical Brain Damage – Michael Garbow and James W. Balmer
In this session Michael Garbow and James W. Balmer will discuss the evolution of knowledge regarding the actual damage caused to the brain by the effects of post-traumatic stress disorder (PTSD).
On March 21st, 2005, 16-year-old Jeffrey Weise went to Red Lake High School in Red Lake Nation. He shot and killed a schoolteacher, four students, and an unarmed guard before killing himself. During his shooting rampage, Mr. Weise exposed his fellow students and other teachers to severe mental trauma. This trauma caused most of these witnesses to suffer from post-traumatic stress disorder.
Many of the schoolteachers exposed to this horrific tragedy were unable to return to work due to their PTSD symptoms. However, Minnesota did not recognize mental trauma causing a mental injury as a compensable work injury. Attorney Garbow set out to show that PTSD actually caused a physical injury to the brain.
Key topics to be discussed:
- Discussion of how the structure of the brain can be altered by PTSD
- Discussion of the actual requirements for a PTSD diagnosis
- Discussion of different testing that can reflect the damage that PTSD can have on the victim’s brain
This course is co-sponsored with myLawCLE.
Date / Time:
- 2:00 pm – 4:10 pm Eastern
- 1:00 pm – 3:10 pm Central
- 12:00 pm – 2:10 pm Mountain
- 11:00 am – 1:10 pm Pacific
Closed-captioning available
Speakers
Steve Lockman, MD | Minnesota Neurorehabilitation Institute
Steve Lockman, MD is the medical director of Minnesota Neurorehabilitation Institute. He is subspecialty board certified in brain injury medicine, specialty board certified in physical medicine and rehabilitation, and specialty board certified in electrodiagnostic medicine. He evaluates and treats patients with traumatic brain injuries, spinal cord injuries, and other complex traumatic injuries. In addition, he performs independent medical examinations and provides expert witness testimony. Lastly, he is a certified life care planner and prepares life care plans. More information can be obtained from his website: www.minnesotaneurorehab.com. He can be reached at 612-999-1908 or through email at [email protected].
James W. Balmer | Falsani Balmer, Personal Injury Attorneys
Since 1973, James Balmer has represented thousands of people in all kinds of litigation, including injury trials, workers’ compensation trials and hearings, Social Security Disability hearings, and appeals in those areas. He has handled car crashes, trips and falls, worksite injuries, defective product claims, dog attacks, liquor liability claims, and other bodily injury matters. Jim lectures at various seminars, primarily in the area of trial tactics.
Jim is admitted to practice before all Minnesota and Wisconsin courts, both state and federal, and has tried cases throughout both states. He has argued cases before the Seventh U.S. Circuit Court of Appeals in Chicago and the Eighth U.S. Circuit Court of Appeals, headquartered in St. Louis and St. Paul.
His experience and familiarity with courtroom law results in Jim having been certified as a civil trial specialist by the National Board of Trial Advocacy since 1986, nearly 40 years. He has been certified in this specialty by the Minnesota State Bar Association since 1987, the first year the MSBA recognized such specialty certification.
Jim has been a member of the American Board of Trial Advocates (“ABOTA”) since 2002 and is currently ranked as a Diplomate, the most exclusive classification of non-judicial membership. He is the only ABOTA Diplomate in Minnesota north of the Twin Cities.
Michael Garbow | Falsani Balmer, Personal Injury Attorneys
Michael Garbow joined Falsani Balmer in 2023 with over 25 years of experience with an emphasis on workers’ compensation matters. Michael previously owned his own law firm in Bemidji, Minnesota in which he primarily represented injured workers. He has continued to focus on representation of injured and disabled people.
Michael is licensed to practice law in the State of Minnesota as well as in Mille Lacs Tribal Court, Leech Lake Tribal Court, and White Earth Tribal Court.
Michael was appointed by Governor Tim Walz to serve on the Ninth Judicial District Attorney Commission on Judicial Selection from 2019 through 2021. In 2012, Michael was honored as Minnesota Lawyer Attorney of the Year. Michael is also a proud military veteran who was honorably discharged from the United States Navy 1988.
Agenda
Session I – Mild Traumatic Brain Injury: Common Misconceptions | 2:00pm – 3:00pm
- What is a TBI (traumatic brain injury)?
- Definition of mild TBI
- Initial injury in TBI
- Limitations to neuropsychological testing following mTBI
Break | 3:00pm – 3:10pm
Session II – Traumatic Brain Injuries in the 21st Century | 3:10pm – 3:40pm
- These injuries are taken more seriously since middle east military conflicts and NFL litigation resulted in greater attention to them
- TBIs are usually invisible injuries and so are more difficult to prove
- Victims and their health care providers, as well as jurors, frequently fail to recognize them
- TBI consequences can be totally disabling
Session III – PTSD in the Courtroom: Proving Physical Brain Damage| 3:40pm – 4:10pm
- Discussion of how the structure of the brain can be altered by PTSD
- Discussion of the actual requirements for a PTSD diagnosis
- Discussion of different testing that can reflect the damage that PTSD can have on the victim’s brain
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