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Forensic Updates

Mild TBI and Somatic Symptom Disorder: A Journey Through Protracted Recovery and Litigation

Dr. Sam Goldstein

John, a 35-year-old construction worker, has been healthy and hardworking throughout his life. However, his life took an unexpected turn one fateful afternoon when he fell from a scaffold, striking his head against a steel beam. He was rushed to the hospital and, fortunately, did not suffer catastrophic injuries but was diagnosed with a mild traumatic brain injury (TBI) and physical strains. He was discharged a day later with the expectation that he would recover within weeks. However, John's journey was far from straightforward.

Months after the accident, John found himself grappling with persistent headaches, dizziness, cognitive difficulties, and emotional instability. Despite following medical advice, his symptoms lingered, and his ability to work and perform daily activities was significantly impaired. Desperate for answers and support, John sought compensation through litigation, believing his accident was a consequence of negligence.

As part of the legal proceedings, a defense neuropsychology expert evaluated him and accused John of exaggerating his symptoms, suggesting he had Somatic Symptom Disorder (SSD). This accusation was perplexing, given that John had no pre-accident history of psychological or health problems. The expert's opinion seemed to dismiss the possibility that John's symptoms could be a direct consequence of his injuries including a TBI, adding another layer of complexity to his already arduous recovery process. In this month’s Update I will define and discuss the often confusing nexus of TBI and SSD.

Understanding Mild Traumatic Brain Injury (mTBI)

A traumatic brain injury (TBI) occurs when an external force injures the brain. TBIs can range from mild, such as a concussion, to severe, involving extensive brain damage. Mild traumatic brain injury (mTBI) is commonly defined as a physiological disruption of brain function, as indicated by at least one of the following:

  • Any loss of consciousness for up to 30 minutes
  • Any loss of memory for events immediately before or after the accident
  • Any alteration in mental state at the time of the accident (e.g., feeling dazed, disoriented, or confused)

While most individuals with mTBI recover fully within a few weeks to up to a year, a small subset of patients, like John, develop persistent symptoms that can last for years. These symptoms, collectively referred to as Post-Concussive Syndrome (PCS), can include:

  • Persistent headaches
  • Fatigue
  • Dizziness and balance problems
  • Cognitive impairments (e.g., memory and concentration issues)
  • Emotional and behavioral changes (e.g., irritability, depression, anxiety)
  • Sleep disturbances

Understanding Somatic Symptom Disorder (SSD)

Somatic Symptom Disorder (SSD) is a condition characterized by an excessive focus on physical symptoms—such as pain or fatigue—that causes significant distress and impairment. To be diagnosed with SSD, the following criteria must be met:

  • One or more somatic symptoms that are distressing or result in significant disruption of daily life
  • Excessive thoughts, feelings, or behaviors related to the somatic symptoms or associated health concerns, manifested by at least one of the following:
    • Disproportionate and persistent thoughts about the seriousness of symptoms
    • Persistently high level of anxiety about health or symptoms
    • Excessive time and energy devoted to these symptoms or health concerns

SSD is often misunderstood and misdiagnosed, leading to stigma and inadequate treatment. It is crucial to distinguish between genuine physical symptoms and those disproportionately amplified by psychological factors.

The Intersection of TBI and SSD in Litigation

John's case highlights a common and contentious issue in mTBI litigation: distinguishing between genuine post-concussive symptoms and those that may be attributed to SSD. Defense experts often argue that persistent symptoms are psychogenic, especially in the absence of objective neurological findings. However, this perspective can overlook the complexity of mTBI and the possibility of genuine, debilitating PCS.

Research Insights

Several studies and authors have explored the relationship between mTBI and SSD, providing valuable insights into this complex issue:

  1. Lange et al. (2013) examined cognitive complaints in mTBI and found persistent cognitive symptoms are relatively common, even without severe initial injury. The study emphasized the need for a comprehensive evaluation to differentiate between organic and psychogenic factors, reassuring the audience about the thoroughness of the medical process.
  2. Iverson and Lange (2011) reviewed the outcomes of individuals with mTBI, highlighting that a subset of patients experience prolonged recovery and persistent symptoms. They stressed that psychosocial factors, including litigation, can exacerbate symptoms but should not be the sole explanation for persistent PCS.
  3. Silverberg and Iverson (2013) examined the prevalence of SSD in mTBI patients. They concluded that while some individuals may develop SSD, the whole clinical context, including pre-injury history and symptom trajectory, must be considered.
  4. Lubbers et al. (2024) conducted a systematic review identifying risk factors in the emergency department associated with the development of post-concussion syndrome (PCS) in mild traumatic brain injury (mTBI) patients. They emphasized the importance of early identification and management of these risk factors to prevent long-term PCS effects, instilling a sense of proactivity in the audience.
  5. Sullivan et al. (2020) reviewed psychological interventions for managing persistent post-concussion symptoms in individuals with mild traumatic brain injury. They highlighted the limited but growing evidence supporting cognitive-behavioral therapy and other psychological strategies in reducing persistent symptoms.

Resolving the Dilemma: A Holistic Approach

To resolve the dilemma between mTBI and SSD, a holistic approach that examines the history, symptom profiles, and common sense is essential.

  • Historical Context: A thorough examination of the patient's pre-accident history is crucial. John had no prior history of psychological problems or excessive health anxiety, making the sudden onset of SSD-like symptoms following his TBI less plausible. Understanding the patient's baseline functioning can provide a clearer picture of the impact of the injury.
  • Symptom Profiles: Evaluating symptoms' nature, onset, and progression can help differentiate between PCS and SSD. TBI-related symptoms often have a distinct pattern, including cognitive, emotional, and physical components that align with known mechanisms of brain injury. In contrast, SSD symptoms may be more varied and less directly linked to the injury event.
  • Common Sense and Clinical Judgment: Common sense and clinical judgment play vital roles in the assessment. While it is essential to consider the possibility of SSD, it should not overshadow the recognition of genuine TBI-related impairments. Clinicians should use a balanced approach, acknowledging psychological and physiological factors without prematurely attributing symptoms to SSD.
  • Quality of Life: The patient's quality of life is at the heart of the issue. Whether John's symptoms are attributed to PCS or SSD, the primary concern should be his well-being and functional recovery. mTBI and SSD are not mutually exclusive; they can coexist and compound each other's effects. Thus, treatment should be comprehensive, addressing recovery's physical and psychological aspects.

Conclusions

John's story underscores the complexities of TBI recovery and the challenges posed by legal and medical scrutiny. While most mTBI patients recover fully, a small minority develop persistent symptoms that can severely impact their quality of life. Accusations of SSD must be carefully considered, with a thorough evaluation of the patient's history and symptomatology. Yet these accusations are rarely offered by treating providers but most commonly by defense experts.

As an expert in the field, I aim to bring clarity and fairness to complex cases involving Traumatic Brain Injury (TBI) when considering possible Somatic Symptom Disorder (SSD). I strive to provide a balanced and thorough evaluation that considers the full spectrum of medical, neuropsychological, psychological, and common-sense perspectives. This holistic approach is essential in ensuring that individuals like John, who is navigating the difficult path of recovery, receive the support and understanding they deserve.

In my practice, I often encounter cases where the recovery from a mTBI is not as straightforward as statistics suggest. Many experts will tell you that most individuals recover from a mTBI within a few weeks to months. However, this generalization overlooks the fact that a small minority experience prolonged symptoms that can severely impact their quality of life. These individuals can face accusations of exaggeration or malingering, particularly in legal contexts where the stakes are high.

One of the troubling trends I see in this field is the frequent pseudo-scientific approach some experts take. These practitioners may offer blind accusations of exaggeration or malingering without a thorough and nuanced understanding of the patient's condition. Such accusations are often based on incomplete assessments and can cause significant harm to the patient, both psychologically and legally.

Resolving these cases requires a comprehensive and compassionate approach. I start by meticulously reviewing the patient's medical history, understanding their pre-accident baseline, and carefully documenting the onset and progression of symptoms post-accident. This involves a clinical evaluation, listening to the patient's subjective experience and those of their loved ones and friends, and validating their struggles.

I also incorporate neuropsychological testing to measure cognitive and emotional functions objectively. This data helps to distinguish between symptoms that are likely due to the mTBI and those that may be influenced by psychological factors such as stress or depression. Psychological assessments are equally important in identifying underlying conditions contributing to symptomatology.

Common sense also plays a crucial role. It is vital to approach each case openly and recognize the complexities involved. For instance, while it is true that some patients may develop SSD, it is unreasonable to attribute all persistent symptoms to this diagnosis without considering the complete clinical picture. Accusations of malingering should never be made lightly and should be supported by clear evidence rather than assumptions or biases.

Ultimately, my goal is to improve the patient's quality of life. Whether symptoms are attributed to mTBI, SSD, or both, what matters most is that the patient receives appropriate treatment and support. This might involve a combination of medical interventions, cognitive rehabilitation, psychological therapy, and practical support to help them manage their daily lives. By taking a compassionate and comprehensive approach, I aim to ensure that patients like John are understood, validated, and given the best possible chance at recovery.

The issue of persistent symptoms following a mTBI is complex and multifaceted. It demands a holistic approach that respects the patient's experience and integrates various perspectives to arrive at a fair and accurate assessment. Through this approach, we can move beyond the limitations of pseudo-scientific practices and provide meaningful support to those who need it most. ◆

References:

An Integrated Review of recovery after Mild Traumatic Brain Injury (MTBI): implications for Clinical management
Authors: M. McCrea, G.L. Iverson, T.W. McAllister
Journal: The Clinical Neuropsychologist
Publication Year: 2009
Publisher: Taylor & Francis

Post-concussion syndrome
Authors: G.L. Iverson, R.T. Lange
Book: The Little Black Book of Neuropsychology: A Syndrome-Based Approach
Publication Year: 2010
Publisher: Springer

Mild traumatic brain injury
Authors: G.L. Iverson, R.T. Lange
Book: The Little Black Book of Neuropsychology: A Syndrome-Based Approach
Publication Year: 2010
Publisher: Springer:

Emergency department risk factors for post-concussion syndrome after mild traumatic brain injury: a systematic review
Authors: V.F. Lubbers, D.J. van den Hoven, et al.
Journal: Journal of Neurotrauma
Publication Year: 2024
Publisher: Mary Ann Liebert, Inc.

Psychological approaches for the management of persistent post-concussion symptoms after mild traumatic brain injury: a systematic review.
Authors: K.A. Sullivan, S.A. Kaye, H. Blaine, S.L. Edmed, et al.
Journal: Disability and Rehabilitation
Publication Year: 2020
Publisher: Taylor & Francis