Brain Injury Case Briefings in MA

ROBERT CHIULLI vs. LIBERTY MUTUAL INSURANCE, INC.

Allowing an insurer to always pursue a jury trial whenever its insureds are sued, even when its liability is reasonably clear, would effectively eviscerate G. L. c. 176D, requiring an unintended "radical change." We thus reject Liberty's argument that the anti-SLAPP statute can be invoked here to dismiss the c. 176D and c. 93A complaint.

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DTI Paper Submitted to The North American Brain Injury Society

DTI is a hot topic among the practitioners in traumatic brain injury litigation, especially those involved in the handling of mild Traumatic Brain Injury Claims ("mTBI"). As will be shown below, the overwhelming consensus in the peer reviewed medical literature is that DTI is highly effective in demonstrating damage to the white matter of the brain associated with mTBI. DTI is an objective test; the claimant can do nothing to manipulate or trick the scanner into thinking the white matter is damaged when in fact it is healthy.

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Plaintiff's Opposition to Defendant's Motion to Preclude Evidence, Testimony, Reports, and/or References to QEEG Testing

On March 21, 2006, the plaintiff's work truck was rear ended by a tractor trailer weighing approximately 100,000 pounds that was travelling approximately 25-30 mph. The plaintiff's car was pushed into the vehicle in front of him and all told there was a five car pileup. The plaintiff had an amnesic gap and complained of head pain within minutes of the crash. For hours, the plaintiff was acting dazed and confused as he had problems remembering and would repeat himself a lot. He initially went to the emergency room with his wife at Beth Israel but did not stay because his wife said he would not wait and was irrational at the Hospital. He did go to his primary care physician that day.

By that night, the plaintiff was dizzy and had worsening headaches. He developed problems concentrating and other signs of post concussive syndrome shortly after the crash. Both his primary care physician and his treating physiatrist at the Spaulding Rehabilitation Traumatic Brain Injury Clinic have diagnosed the plaintiff with post concussive syndrome.

In addition to QEEG, the plaintiff underwent another objective test to measure the integrity of the brain’s white matter. The DTI showed that in certain areas of the brain, the plaintiff's white matter is also damaged. Not coincidentally, the damage to the white matter as shown on DTI correlates to the abnormal findings on QEEG.

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Plaintiff's Opposition to Defendants' Motion to Preclude Evidence Relating to Diffusion Tensor Imaging ("DTI")

On March 21, 2006, the plaintiff's van was rear-ended by a tractor-trailer weighing approximately 100,000 pounds and travelling approximately 25-30 mph. This impact caused a chain-reaction, five-car pile-up. The plaintiff had an amnesic gap and complained of head pain within minutes of the crash. For hours, the plaintiff was acting dazed and confused, had problems remembering the accident and would repeat himself. He initially went to the emergency room at Beth Israel Hospital with his wife, but was acting irrational and would not wait for medical attention. He left the hospital and went to see his primary care physician in Chelsea.

By that night, the plaintiff was dizzy and had worsening headaches. He developed problems concentrating and other signs of post-concussive syndrome shortly after the crash. Both his primary care physician and his treating physiatrist at the Spaulding Rehabilitation Traumatic Brain Injury Clinic have diagnosed the plaintiff with post-concussive syndrome, otherwise called Mild Traumatic Brain Injury (“mTBI”).

For the complete case briefing, please click here.

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Andrew Abraham

Injury Attorney

Attorney Abraham has earned several seven-figure verdicts on behalf of his clients and strives to create an altogether safer community in Boston.

Learn More About Him
  • Massachussetts Academy of Trial Attorneys
    Brain Injury Association of Massachusetts
  • American Association for Justice
    The Sarah Jane Brain Project
  • North American Brain Injury Society

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Abraham & Associates, P.C.
Boston Brain Injury Attorney

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