In Washington, nearly every injury lawsuit now includes a traumatic brain injury claim. As brain MRIs and CT scans are almost always normal, plaintiffs' counsel are seeking new ways to "show" the jury "proof" of the brain dysfunction. One of the new trends is the use of quantitative electroencephalography (qEEG) testing, which produces ominous, multi-colored brain charts and graphs that purportedly show this brain injury. A King County Superior Court judge recently prohibited the use of qEEG evidence to establish the diagnosis of a traumatic brain injury, holding that qEEG evidence cannot satisfy the Frye standard.
Quantitative electroencephalography is a test used to measure electrical activity in the brain, where data is collected through small metal discs connected to the patient's scalp. The discs provide data that can be read through visual analysis. However, there is little consensus in the scientific community on the viability of qEEG as a tool to evaluate traumatic brain injuries. Particular issues with qEEG include that: (1) there is little...
