Treating Brain Injuries with Technology?

On 29 January 2025, Harry Lambert of Outer Temple Chambers produced a detailed article considering Neurotechnology and the law, specific to personal injury and clinical negligence claims.

The article focuses on the potentially transformative strides made in tackling a wide range of conditions that can arise as a result of a brain injury, such as epilepsy and depression. Now, it is claimed that these technologies are moving from laboratory to clinical application.

Read on for a consideration of three such advanced treatments...

Deep Brain Stimulation

Deep Brain Stimulation (“DBS”) techniques have been around for over 25 years and involve providing electrical stimulation to regulate neural circuits associated with mood and anxiety disorders.

DBS is an approved treatment for epilepsy, Parkinson’s disease, and essential tremor. It is also showing promising results in treating severe cases of depression in patients who have not responded to traditional therapies.

Taking Parkinson’s disease first, studies continue to explore an association to increased risk in the disease following traumatic brain injury. Whilst DBS currently seeks to treat tremor as an effect of Parkinson’s disease, advancements in the way the treatment is administered are now allowing us to see improvements for other symptoms as well.

A case report on one patient dated 11 September 2024 utilised an adaptive form of DBS. The report found that when adaptive DBS was administered to a patient with Parkinson’s disease, that patient showed a consistent and long-lasting improvement in their walking. Naturally, this could result in an improvement in mobility and every-day functionality for a Claimant struggling with the disease following brain injury.

Furthermore, we know all too well that psychological and psychiatric issues can often follow a traumatic brain injury. In some cases, treatment for these issues can be ineffective. Research published in the American Journal of Psychiatry found that most participants involved who suffered with depression experienced maintained improvements over time following DBS treatment.

The report also indicates that DBS treatment provides long-term maintenance to prevent a relapse in issues such as depression and bi-polar II, which in a personal injury claim that has potential to span a number of years, is clearly very important.

Transcranial Magnetic Stimulation

Transcranial Magnetic Stimulation (“TMS”) is another treatment that has been found to be effective in treating major depressive disorders. It involves electromagnets being placed on the head sending out targeted magnetic waves to stimulate and ‘reset’ brain networks that regulate mood. TMS is recommended by the National Institute for Health and Care Excellence (NICE) for patients who again do not have adequate responses to standard antidepressant treatment.

For example, in 2023, 63-year-old Kate Kelly underwent TMS after suffering with major depressive disorder for 30 years. Ms Kelly described the result as a ‘dense fog lifting’ and suggested she does not have the fear that she has with medicines, i.e., that the treatment will numb her so much that she cannot feel anything.

This is important to note in the context of Claimants who prefer not to take pharmaceutical medication for fear of associated side-effects. Having said that, TMS is not an ‘easy way out’ and does require frequent and ongoing exposure to the brain in order to increase neuroplasticity, in the same way that a patient would be required to take an antidepressant every day.

TMS has also been found to help with obsessive compulsive disorder and off-label uses include treatment of chronic pain and tinnitus. This is something to keep an eye on in the future as research continues and technology advances.

Neurostimulation

Finally, advances are being reported in neurostimulation techniques such as responsive neurostimulation (“RNS”) and vagus nerve stimulation (“VNS”). These techniques assist in managing epilepsy, which is commonly argued as an increased risk following traumatic brain injury.

The treatment involves monitoring brain activity to deliver targeted electrical stimulation, with the goal of preventing seizures before they occur. It is a less invasive option to treat drug-resistant epilepsy in individuals who are not candidates for resective surgery.

Considering VNS, long-term studies have shown that at 5 years post-implantation, 60% of people treated with VNS have at least a 50% reduction in seizures and 8.5% achieve freedom from seizures for at least 6 months. VNS is therefore a viable treatment option in managing seizures arising from drug-resistant epilepsy.

So, what’s next?

Technology is always advancing and clearly there is cause to be aware of progression in treatments that could improve outcomes for Claimants who have suffered a traumatic brain injury resulting in major depressive disorders, tremors, or epilepsy.

Such improved outcomes can ultimately result in an enhanced quality of life for an injured person, thereby making the process of litigation all that more bearable for both Claimants and Defendants alike.

What is however apparent, is that the acceptance of the technologies and treatments in personal injury scenarios will be largely dependent on clinical availability, cost of private treatment, and expert witness endorsements. Naturally, a material improvement in a condition capable of a consequential saving will need to be illustrated and for this, we may need to sit and wait for further studies to be completed in the future.

In the meantime, if you would like to read more about technological advances and how they relate to those suffering with traumatic brain injuries, please see the below articles prepared by Clyde & Co’s expert Brain Injury Subject Matter Group:

• Brain-chip implants on the horizon? by Andrew Kerr
• Preventative Treatment following a Brain Injury? by Andrew Kerr

Clyde & Co are specialists in dealing with Brain Injury claims, and we continuously monitor developments around this topic. For more on this subject, you can read all of our previous articles here, and if you have any questions about this topic you can contact Andrew Kerr or any of our Brain Injury SMG team.