What is Descending Paralysis?

Being involved in an accident can cause catastrophic injuries, including neck, spine, and traumatic brain injuries (TBI). All of these injuries could also cause severe damage to critical nerves, which can sometimes cause partial or total paralysis. Specifically, high-impact car accidents could cause enough damage to the upper portions of the spinal cord, which could trigger descending paralysis. Here are some of the most frequently asked questions about descending paralysis.

What Is Descending Paralysis?

Descending paralysis is a condition that causes the weakening or loss of muscle function starting from the upper body and moving through the lower body. This pattern of muscle weakness typically starts in the face or arms and moves towards the legs and feet. This condition is considered a medical emergency, requiring immediate diagnosis and treatment to prevent further complications like respiratory failure.

What Causes Descending Paralysis?

Descending paralysis is a rare form of paralysis that is most often associated with the following conditions:

Botulism: This condition is caused by toxins produced by the bacterium Clostridium botulinum. These toxins interfere with nerve function, leading to the symptoms of paralysis.
Guillain-Barré syndrome (GBS): Although GBS most often results in ascending paralysis, it can cause descending paralysis on rare occasions. GBS is a neurological disorder in which the body’s immune system mistakenly attacks part of the nerves outside the brain and spinal cord. Blunt force trauma, like that experienced in severe car or truck accidents, can cause GBS.
Neurotoxic envenomation: The bite from certain snakes that produce neurotoxins can sometimes cause ascending paralysis. The toxins can affect the nervous system by blocking neurotransmission between nerves and muscles.
Diphtheria: This is a bacterial infection caused by Corynebacterium diphtheriae. The bacteria’s toxins can affect the nervous system, sometimes causing descending paralysis.

What Are the Long-Term Impacts of Descending Paralysis?

The long-term impacts of descending paralysis can vary greatly depending on the underlying cause, the severity of the initial presentation, the effectiveness of treatment, and individual patient factors. However, descending paralysis is a serious medical condition that tends to have a significant long-term impact. Some of the most common impacts associated with descending paralysis are:

Physical disability: Descending paralysis may result in permanent physical disability, even after treatment of the underlying cause. This may require long-term assistance with basic daily activities or even the full-time use of a wheelchair.
Residual muscle weakness: Even if all paralysis is resolved, the affected muscles may be permanently weakened, potentially impacting mobility and daily activities.
Respiratory issues: If descending paralysis affects the respiratory muscles, then injury victims may experience long-term respiratory issues like decreased lung capacity, difficulty breathing, or susceptibility to respiratory infections.
Need for ongoing care: Depending on the severity of paralysis and the residual effects, some injury victims may have to continue physical therapy, occupational therapy, or other forms of rehabilitation to maintain as much function as possible.
Adaptation to assistive devices: Long-term impacts may require assistive devices, such as braces, wheelchairs, or other mobility aids.
Employment and financial strain: The long-term effects of descending paralysis may impact an individual’s ability to work, potentially leading to job loss or career changes.
Social and recreational limitations: Changes in physical ability may require individuals to modify or give up certain social and recreational activities, often reducing the individual’s quality of life or resulting in loss of enjoyment of life.

Is It Possible To File a Lawsuit After an Accident That Caused Descending Paralysis?

Those who suffered from descending paralysis as a direct result of an accident or another party’s negligence may be able to file a personal injury lawsuit to recover damages. However, this will require proving that another party:

Owed you a duty of care
Breached that duty of care
Inflicted injuries that would not have occurred without that breach

In addition, you must demonstrate that the damages you suffered were due to the injuries caused by the other party. For descending paralysis victims, proving this may be possible if the injury resulted from nerve damage after a blunt-force accident, such as a car or motorcycle accident. This nerve damage can cause GBS, which can result in descending paralysis. However, the injured party must prove that the accident occurred due to the negligence of another party, like a drunk driver or a distracted driver.

What Types of Damages Are Available in Descending Paralysis Cases?

Those who suffered from descending paralysis due to the negligence of a third party deserve to be fairly compensated for all their damages. The damages available for descending paralysis victims typically include:

Economic damages: These are the quantifiable costs associated with the injury. For descending paralysis, these typically include medical expenses, ongoing physical rehabilitation costs, home modification costs, assistive devices, lost wages, loss of earning capacity, and more.
Non-economic damages: These are intangible damages that do not have a specific monetary value. These typically include pain and suffering, emotional distress, loss of enjoyment of life, disfigurement, loss of independence, psychological trauma, and diminished quality of life.
Punitive damages: In extreme cases, the court may award punitive damages to the injury victim if the negligent party engaged in egregious behavior.

Injury victims must carefully consider the long-term impacts of descending paralysis, as the damages pursued in a personal injury case must include the expected long-term costs associated with the injury. Relying on medical experts and rehabilitation specialists can help descending paralysis victims get an accurate estimate of the long-term costs.

What Is the Deadline for Filing a Personal Injury Lawsuit for Descending Paralysis?

Each state has its own statute of limitations laws that impact the deadline for filing a personal injury lawsuit for descending paralysis. The statute of limitations for most personal injury cases is two years from the date of the accident in Texas and one year in Louisiana.

Sources

Morris & Dewett provides this information to the public for general education and interest. The firm does not represent clients in every topic discussed in answers to frequent questions. The information is curated and produced based on questions commonly asked or search terms commonly used. Every effort is made to provide accurate information. Do not make any decision solely based on the information provided, please seek relevant counsel for each topic area. Consult an attorney before making any legal decision, consult a doctor before making any medical decision, and consult a financial advisor before making any fiscal decision. Information provided is not legal advice. If you have any legal needs, please do not hesitate to contact us. We are pleased to assist you if we can or provide a referral to another attorney if we cannot.