One of the most defining elements of an American’s perception of independence is driving. And yet, when a person suffers from traumatic brain injury, the decision (by both patient and family) to return to driving is a difficult and complex one. Motor and cognitive challenges create a concern for family members, but the independence and freedom that it represents can be a boost to rehabilitation efforts.

In a recent study using a large database of moderate and severe traumatic brain injury survivors, researchers found the following:

1. One year after injury, only 10% of patients had returned to driving. By five years, this number had increased to more than 53%.
2. Those with less severe injuries returned to driving more quickly than those with more severe injuries (usually within a year).
3. Race, employment, education, and residence were also factors in whether or not a patient returned to driving, and when. This suggests that socio-economic factors could influence return to driving.
4. Surprisingly, chemically paralyzed patients (ie, an induced coma) returned to driving more quickly and at a higher rate than other patients.

Although the variables are complex, the decision to return to driving is often made—even by survivors of severe traumatic brain injury.

Novack TA, Labbe D, Grote M, et al. Return to driving within 5 years of moderate-severe traumatic brain injury. Brain Injury. (March 2010).

Man awarded $49M for brain damage in crash with truck

A passenger who sustained traumatic brain injuries in a multi-vehicle crash while on his way to a camping trip was awarded $49 million. In 2007, Drew Bianchi, then a 21-year-old college student, was in a sedan on Route 152, also known as the Pacheco Pass. Michael Demma and Samuel Bimbela were driving trucks toward each other when they collided at or near the center line, causing Bimbela to lose control of his Peterbilt truck and broadside the Bianchi vehicle. Bianchi was in a coma for about a month and is expected to require 24-hour care for the rest of his life. Plaintiff’s counsel claimed that Bimbela was sleep-deprived and Demma was on a cell phone while driving. Bianchi settled with the state in July for $10 million on his claim of dangerous condition of public property. Of Bianchi’s award, he received $27.6 million for future medical care.

Bianchi v. Demma

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Next week, the House is expected to obtain Congressional Budget Office (CBO) cost estimates on three proposals to create a public, government-run insurance option designed to compete with private insurers. From there, Democratic leaders plan to choose one of the options to include in their final health care reform bill and then submit the final product to CBO for scoring.

According to recent reports, both the House and Senate are expected to debate their health measures simultaneously sometime in early November.

BIAA will continue to monitor the situation closely and alert grassroots advocates if any action is necessary.

September 21, 2009: San Francisco
Traumatic Brain Injury, Trucking Accident: $49,123,375.87

Recognizing the staggering costs of healthcare associated with traumatic brain injury, a San Jose jury awarded Drew Dakota Bianchi $49,123,375.87 late Monday afternoon. The verdict followed a hotly contested five-week trial involving two truck drivers who collided on State Route 152 (Pacheco Pass), one of whom thereafter struck the car in which plaintiff was a passenger.

Plaintiff, Drew Dakota Bianchi, was a 21-year-old passenger in a Toyota Avalon, when, on May 3, 2007, he was struck by a Peterbilt truck driven by defendant, Samuel Bimbela. Evidence at trial established that Mr. Bimbela, driving his Peterbilt truck, and codefendant Mr. Michael Demma, driving a Gordon Trucking 18-wheel big rig, struck each other at or near the centerline on State Route 152. No pre-impact evasive maneuvers were undertaken by either driver.

Mr. Bianchi, whose injuries necessitate a lifetime of 24/7 care, brought suit against both truck drivers/trucking companies, as well as the State of California.

The jury, recognizing the devastating cost of future care for an individual sustaining traumatic brain injury, awarded $3.4 million in past medical expenses, $27.6 million in future medical expenses, $4.5 million for future lost wages, and $13.5 million in general damages.

The jury attributed fault in the amount of 35% to Gordon Trucking/Michael Demma, 60% to Samuel Bhnbela, and 5% to the State of California.

The verdict is thought to be one of the highest non-punitive verdicts in the State of California for an individual sustaining traumatic brain injury.

Plaintiff was represented by Randall H. Scarlett of San Francisco, California and Thomas Wm. Malone of Atlanta, Georgia. Mr. Scarlett dedicates his career to individuals sustaining brain injury. He actively serves as a Board Member on the California Brain Injury Association, and dedicates both his professional and personal life to improving the lives of those sustaining traumatic brain injury.