GRAY MATTER: BRAIN INJURY LITIGATION UPDATE Anamaria Gil, Reed McClure 206-386-7061 email: agil@rmlaw.com

CALIFORNIA COURT AFFIRMS EXCLUSION OF SPECT SCAN EVIDENCE OF BRAIN INJURY.

The People vs. Joseph Hix, Unpublished decision: Cal.Rptr. 3d 2009, WL 242318

Los Angeles, CA, February 3, 2009

FACTS:

Joe Hix stabbed one person with a pen and one person with a knife.  He was convicted of murder and sentenced to 74 years in prison.  Hix appealed his conviction claiming he was denied due process because the trial court prevented his expert, Daniel Amen, Ph.D., from testifying that:

·        SPECT scan imaging showed decreased blood flow to the brain;

·        Hix likely had a remote brain injury to the prefrontal cortex; and

·        Hix's brain injury meant he did not harbor an intent to kill.

HELD:

The trial court did not err in concluding that SPECT scans are not generally accepted in the scientific community for diagnosing brain injury.

OTHER GREAT POINTS:

·    The Court of Appeals rejected Hix's argument that there is a "strong trend" towards acceptance of SPECT testimony in other states.

·    Dr. Amen acknowledged that anti-depressants, anti-psychotic medications, poor diet, negative thoughts, schizophrenia, ADHD, alcohol abuse and illicit drugs can cause an abnormal SPECT scan.

COMMENT:

·    Single-Photon Emission Computerized Tomography (SPECT) is a type of nuclear imaging test that uses radioactive isotopes and a special camera to create 3-D images of how blood flows to tissues and organs.

·    Daniel Amen is a well known proponent of SPECT scan imaging to identify brain trauma.  He is the CEO and Medical Director of Amen Clinics, Inc., "Change Your Brain, Change Your Life" , amenclinics.com.

JURY DOES NOT BUY TEEN'S BRAIN INJURY CLAIM.

Michael Pham vs. Ashlee Holman, King County Superior Court, Seattle, WA
Trial date: 2/17/2009 

FACTS:

16-year old Pham was a passenger in Holman’s car.  Holman failed to yield to another car, causing an accident.  Pham claimed he hit his head on the dashboard and was knocked unconscious until after the ambulance arrived.  Defendant Holman admitted liability.

INJURIES & DAMAGES:

Pham claimed the following injuries:

• Neck and back injuries; and 
• Permanent mild traumatic brain injury with post-traumatic headaches, problems with mental processing speed, attention span, concentration, vertigo, and personality changes.

Pham had a 2 year gap in treatment, coincidentally starting up again about the time he filed his lawsuit.

TBI EXPERTS:

For the Plaintiff:

• Neuropsychologist Glen Goodwin, Ph.D.
• Neurologist, Stan Schiff M.D.

For the Defense:

• Neuropsychologist Fred Wise, Ph.D.
• Neurologist Lawrence Murphy, M.D.

THE MONEY:

Special damages claimed: 

•  Past and future medical: $10,291.87   
•   No lost wages

Award requested at trial:

• Plaintiff asked jury for $300,000
• Defendant asked jury for $15,450

Jury award:  Verdict for Plaintiff Pham:

$10,291.87    Past and future medical expenses
$10,000.00    Pain and suffering
$0.                 Disability
$20,291.87    Total Award

ANAMARIA GIL:

Anamaria Gil is a Partner at the Reed McClure law firm.  Ms. Gil has 16 years of litigation experience and has handled numerous claims involving allegations of traumatic brain injury. In 2008, Ms. Gil spoke at Reed McClure's Insurance Seminar on the subject of brain injury litigation.  Her topic was entitled: "This is Your Brain on Litigation: Low Tech and High Tech Developments in Brain Injury Litigation."  Ms. Gil may be reached at 206-386-7061 and agil@rmlaw.com.