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TRAUMA AND BRAIN TUMORS [ back
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The legal view of the connection between trauma and cancer
mirrors the medical one. While most doctors will not accept
the view that trauma can cause (i.e. create new) cancer; many
are prepared to agree that trauma can activate and spread
a latent or slow growing tumor which otherwise would have
remained quiescent. A recent court decision in Michigan is
an example. In Wilkinson v. Lee, decided 9/26/00, the Supreme
Court of Michigan upheld a $175,000 jury verdict for a man
who was diagnosed with a brain tumor 1.5 years after suffering
head trauma in a car accident. The Court stated that a latent
pre-existing tumor made the man an "eggshell plaintiff,"
who was entitled to recover because the trauma "triggered"
or "precipitated" the extra growth of the tumor
and worsening of symptoms.
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