Michigan Supreme Court Case of Allen v. Bloomfield Hills School District Settled
June 28, 2010 - The Michigan Supreme Court case of Allen v. Bloomfield Hills School District was recently settled by the parties and dismissed by the Court on March 12, 2010.
The court was to essentially address the issue of whether post-traumatic stress disorder (PTSD) qualifies as a bodily injury. The Brain Injury Association of Michigan (BIAMI) submitted an amicus curiae brief to the court to express their views on the issue and the brief was accepted for consideration.
In the brief, the BIAMI asked the court to "affirm that in Michigan the law recognizes basic principles of medical science, which reject the notion of a mind body dichotomy, by holding that psychological injuries caused by a motor vehicle accident, such as post-traumatic stress disorder or PTSD, constitute bodily injury." The brief further sighted several examples of case law dating back 30 years that clearly supports the fact that "an injury to the mental well-being can be as much an injury to a "body function" as an injury to an arm or a leg," and argued that "modern medical science has demonstrated through vast research that the mind and the body are inextricably connected."
Although this was not a Michigan Auto No-Fault case, the implication of separating the mind from the body as it relates to injuries has significant implication for those receiving treatment for a traumatic brain injury under the no-fault law.
It is important that the brain injury community monitor this type of judicial activity. Thank you to the BIA of Michigan and the MBIPC for their advocacy.
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5570 Whittaker Road
P.O. Box 970230
Ypsilanti, MI 48197
Toll-Free: (800) 968-6644
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