Can victims of catastrophic brain injury have ‘awareness’ of their plight?

A recent study in The Lancet, as reported in the New York Times, suggests that, at least some patients in a vegetative state do have awareness.

[S]aid Joseph T. Giacino, the director of rehabilitation neuropsychology at Spaulding Rehabilitation Hospital, who was not involved in the research. “…it sure looks as if there’s not just a little bit of consciousness but a lot” in patients who had been deemed unresponsive.

In proving damages to help benefit victims of catastrophic injury, this study could potentially be used to support a finding of conscious pain and suffering, which is compensable.

Law Blog – Trial Season

There really is no ‘trial season’ per se, but I’ve got a few going now so it’s a bit hectic. About two weeks ago, I wrapped up a little car case where I got negligence but no causation. We had a binding hi-low, so we were protected, but it was a situation where everyone but the client knew we should have settled. When the verdict came in, we were vindicated, but we missed out on a few of several thousand dollars because we let the client have the final say. Technically, that’s requied, but that doesn’t mean it’s always a good idea.

So, it’s Wednesday and I have a trial on Monday – good onliability but bad on causation. This could be an instant replay of what happened a couple weeks ago. There’s not a lot of pressure (as in the previous case), but I still am aching for a win.

There’s a catch-22 at work here becuase I want to be as thorough as possible, but I also want this to be a bit routine, so I get more comfortable with trial prep. Still working on trying to get that balance