#Conquer chiari driver

Many reported decisions reference a Chiari malformation in the context of a social security benefits denial and appeal and workers compensation benefits hearings. While not a classic “traumatic brain injury” (hereinafter “TBI”), there is a rising tide in the efforts of plaintiffs to relate these underlying conditions to an accident or incident. On the other hand, the plaintiff may have been asymptomatic. On one hand, this defect has likely been with a plaintiff since birth. If a young adult plaintiff alleges a Chiari malformation as a result of an accident, or aggravation of a pre-existing condition, disproving causation of the alleged injury can be difficult. However, many children born with the condition do not show symptoms until adolescence or early adulthood-if at all.

Improved diagnostic imaging suggests that Chiari malformations may be much more common. This defect may force additional pressure onto the cerebellum which can affect the functions controlled by the cerebellum and may restrict the flow of cerebrospinal fluid, which surrounds and cushions the brain and spinal cord.Īccording to the National Institute of Neurological Disorders and Stroke, Chiari malformations were previously thought to occur in one in every 1,000 births. In a “normal” brain, the cerebellum is located entirely above that opening. When someone has a Chiari malformation, part of their cerebellum has shifted below the funnel-like opening to the spinal canal. This can occur at or around the time of birth or later in life if spinal fluid seeps into the spinal column. Familiarity with this malformation will prepare you to deal with this claimed injury when facing it in negotiations.Ī Chiari malformation is a structural defect in the cerebellum-the part of the brain that controls a person’s balance. (Brain Disorders Sourcebook, 4 th edition, edited by Keith Jones, Omnigraphics, 2015). The malformation itself is generally a congenital defect present at birth, but symptoms may be triggered by a physical trauma. Still, sometimes within weeks, sometimes not until months later, a claimant alleges that a condition known as a Chiari Malformation is due to the subject incident. Even the claimant’s hospital records include references such as “No LOC (loss of consciousness)”, “Oriented to time, person, and place”, and “Normal Head CT”.

#Conquer chiari driver

The accident report does not reference any complaints of injury by any driver or passenger. Cash and Margaret Twomey, Defense Research Institute, In Transit: The Newsletter of the Trucking Law Committee, Volume 20, Issue 3, 2017