|

INFORMATION
FOR ATTORNEYS > Back
To Newsletter List
Shaw Chiropractic
A Medical-Legal Newsletter for Personal
Injury Attorneys
by Dr. Steven W. Shaw
Neck Injury
from Low Velocity Rear Impact Collision
During trial preparation as a biomechanics
expert I was asked to review the medical
records on a patient of a prominent orthopedist.
Included in the file was a 20 page "Reconstruction
Analysis" report from a well know
Northeastern accident reconstruction group.
The great majority of the 20 page report
had nothing to do with the analysis of
the collision. Rather, there were three
pages of psudo-collision analysis and
seventeen pages of fluff. The three pages
of collision analysis did not include
one formula or mathematical equation.
Instead, the accident reconstructionist
(AR) discussed the lack of property damage
and the obvious low magnitude impact.
The 17 pages of fluff were composed of
selected research which has been severely
criticized in the scientific community.
In his report, the AR made a comment
which stood out in my mind. He stated
that the magnitude of the impact was not
sufficient enough to move the occupants
head beyond the normal physiologic range.
The assertion is that if the movement
of the entire cervical spine is within
the "normal" physiologic range
there is no way that the occupant could
have sustained an injury. In this newsletter,
I will discuss this false concept and
present the most current theory on this
topic.
First, what is the "normal"
physiologic range of motion? Is it the
same for a 20 year old as it is for a
70 year old? Does an arthritic spine have
the same mobility as a healthy spine?
Do muscular development and conditioning
play a role in the "normal"
movement? How about genetic and congenital
considerations such as anomolies, body
type, conformation etc? The answer is
obvious, normal is an individual and variable
value. It is grossly determined through
scientific research on healthy subjects
but cannot be applied without consideration
of the individual.
That being said lets look at how cervical
spine injuries really occur. While it
is true that movement beyond the individual’s
physiologic limits will cause damage one
must consider the physiologic limits of
the entire spine versus the segmental
physiologic limits. Cervical spine movement
is composed of the combined movement of
the seven cervical vertebra. Loss of movement
at one segment may not alter the overall
motion but significantly affects injury
potential at that level. This is why people
who have arthritic changes are particularly
vulnerable to injury at the segmental
levels of arthritic change. The same would
be true of any circumstance affecting
segmental mobility.
Several months ago I wrote a newsletter
discussing the findings of several researchers.
The currently accepted mechanism of injury
of the cervical spine from whiplash is
now understood to be predominantly due
to strain/sprain at the segmental level.
You may recall that the neck is curved
with a C shape (lordotic curve). During
a rear impact collision the body moves
forward under the neck, first reducing
and then reversing the curve one segment
at a time until all the segments are in
extension. In the process, the normal
limits of each segment are challenged.
The overall limits of combined segments
may not be overcome but segmental limits
may be compromised. The researchers found
that in a 2.5 to 5 mph impact the entire
process takes less than 150 ms. This is
far less than the 250-300ms of the entire
whiplash phenomenon. High speed fluoroscopic
studies (movie x-ray) shows that the neck
changes from a C shape to a S shape during
this process resulting in greater potential
for segmental joint damage.
The damage noted by these researchers
involves the facet joints as well as the
disc integrity. They have seen annular
tears, damage to the joint capsule and
even disc herniation. Therefore, contrary
to the opinion of the AR, a rear impact
collision of low velocity can cause significant
damage. This is particularly the case
when the occupant is unprepared, has head
rotation or has complicating conditions
such as arthritic changes or concomitant
pathology.
The point here is that one cannot reasonably
take accident research and apply it to
real world circumstances. The variables
between subjects is so great that each
individual occupant must be evaluated
for his specific and unique characteristics.
You can’t put a square peg in to
a round hole. The opinion of the treating
doctor is the most important fact to consider.
Even more to the point, as an attorney
you should never allow an AR to discuss
any matter involving occupant injury since
it is well beyond their field of expertise.
You should make a motion before trial
to limit the testimony of the AR. On the
other hand, the adequately trained doctor
should be disclosed as an expert in biomechanics
in addition to his formal training. Of
course, this assumes that the physician
has had supplement training in trauma
biomechanics. Even without the biomechanics
background the physician should be competent
to explain how the tissues were damaged
and the normal course of repair.
As always we are available to discuss
these topics further. Please feel free
to contact us at 800-232-6824.
|