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Litigation: Editor's Picks

Our global newsroom covers litigation at every level, from bet-the-company cases involving multinational litigants to local personal injury lawsuits with statewide implications. Here you'll find the best of our litigation trend analysis and in-depth commentary from practitioners and judges, along with our coverage of key players, breaking news, game-changing rulings, major recoveries and international cases.

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Ilya E. Lerma, left, and Charles “Chuck” Bennett,right, trial consultants with Trial Structure. Courtesy photos.

Preparing this story, I shared with Charles that 20 years ago and a very green trial lawyer, I was fortunate to have a supervising attorney say, “Don’t miss the brain injuries! Everyone always misses the brain injuries!” while shoving a rudimentary checklist at me. The list covered everything from physical symptoms like nausea, vertigo and sensitivity to light, to memory loss, word recall, and gaps in memory. They were to be covered with every new client. In those days, the medicine had not progressed so that axonal injuries could be detected by MRI unless they were “serious” or “severe” head injuries. For the moderate, mild, or “concussion” cases, we were left to rely only on neuropsychological testing and a scrappy handful of medical articles. It did not play out well. In one case many years ago, the jury “zeroed” my client, Judy* a math and accounting prodigy now unable to manage her own checkbook. Their rationale: The scan at the ER was negative and since no one diagnosed brain injury in the first two months there was “no evidence” of brain injury related to the vehicle crash.

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