March 2012 is Brain Injury Awarenes Month
March is Brain Injury Awareness Month
The Brain Injury Association of America (BIAA) will mark Brain Injury Awareness Month this March with a campaign entitled “A brain injury can happen anytime, anywhere, to anyone”. Details will be unveiled next week by the Brain Injury Association.
February 3, 2012 | Permalink | Comments (0) | TrackBack (0)
A new approach to legal action against the NFL
Today's New York Daily News has a guest editorial authored by my partner, Shana De Caro and myself:
"Lawyers assert need for NFL to do more to address needs of players suffering from concussions"
The full story is below:
BY Sports Editor
By Michael V. Kaplen and Shana De Caro
As the New York Giants and the New England Patriots prepare for their Super Bowl showdown amid great hype and fanfare, another battle is being waged off the field which is not spoken about all that publicly.
While the National Football League's management of traumatic brain injuries has been duplicitous at best, the current groundswell of class-action lawsuits will neither provide essential assistance for brain damaged players nor protect those on the field.
They do not redress the league's deliberate misconduct denying players' contract disability benefits, but rather aim to penalize the league for morally reprehensible conduct - failing to design safe concussion management protocol. Failure to acknowledge scientific evidence and institute proper return-to-play protocol is not equivalent to legal liability. The failure to fulfill the terms of a guaranteed benefit plan, however, does expose the league to liability.
Cumulative sub-concussive and concussive blows have left a wake of brain injured football players with lifelong consequences. Retired players question if they will suffer the effects of an untended brain injury. Each week, crowds roar, cash registers ring, and players are devastated by concussions. Current lawsuits ignore complex worker's compensation immunity issues, assumption of risk, and complications proving the time of suffering brain damage.
The Congress of Neurological Surgeons repudiated the misconception that concussion requires loss of consciousness more than 30 years ago. A National Institute of Health consensus statement on Brain Injury Rehabilitation in 1999 confirmed that traumatic brain injury has cognitive, behavioral, social and emotional consequences. The league continues to ignore the warnings and consequences of brain trauma despite these impartial findings. Players who deliberately ignore symptoms and knowingly assume the associated risks in exchange for short-lived glory must share in the responsibility for the current crisis. This bargain includes a long-term disability plan ostensibly intended to provide lifetime medical benefits and economic compensation. The league's intransigent and systematic denial of brain injury disability retirement applications precludes brain injured players from receiving these benefits.
The NFL has steadfastly refused to acknowledge the accumulated and overwhelming medical link between head trauma, concussions, and disability, in administering the league disability plan. Conspiring with their physicians, the league has engaged in a pattern of civil racketeering, wrongly depriving player's benefits, due process, and a full and fair opportunity to obtain disability benefits, including medical and rehabilitation care.
The league should be commended for changes in concussion management, albeit precipitated by Congressional hearings, media attention, and threatened federal legislation. But there has been no redress for wrongful denial of disability benefits. Contract changes are vital to remove the disincentive for players to hide their symptoms. It is essential that concussion disabled players receive full contract and disability benefits.
Although brain injury is part of the game, players should not be doubly penalized. They must be assured of receiving necessary medical rehabilitation and future lost earnings. Appropriate and effective legal action must tackle the irrefutable, wrongful, and malicious league conspiracy denying disability benefits if the goal is to right the lifelong wrongs inflicted upon brain damaged professional football players.
Michael V. Kaplen is a Pleasantville lawyer who specializes in concussion cases and serves as chairman of the New York State Traumatic Brain Injury Services Coordinating Council, an advocacy agency for concussion patients. He is also past president of the Brain Injury Association of New York State and past chair of the American Association for Justice, Traumatic Brain Injury Litigation Group. Attorney Shana De Caro is the treasurer of the American Association for Justice, Traumatic Brain Injury Litigation Group and secretary of the Civil Justice Foundation. They believe the NFL needs to do more to address the needs of players who have suffered traumatic brain injuries.
February 1, 2012 | Permalink | Comments (0) | TrackBack (0)
New concussions management standards issued by Canadian Paediatric Society
The Canadian Paediatric Society, has issued a new position statement stating that it is "vital" that athletes, coaches, trainers, parents and doctors be aware of the signs and symptoms of concussions and any child who sustains a head injury should be seen by a doctor as soon as possible.
To minimize the risk of concussions, hockey associations should ban hits to the head, checking from behind, or checking outright in younger age groups as well as fighting. The pediatrician's group is also discouraging parents from enrolling their children in sports such as boxing that promote "intentional injury to the head."
The CPS recommends a child or teen who has sustained a head injury should:
- Be removed from play immediately, not allowed to return to play that game, monitored closely for any signs of deterioration and not be left alone;
- Be seen by a doctor as soon as possible;
- Rest until all symptoms are gone;
- Not play sports, exercise or participate in any recreational activities until they have recovered;
- Limit reading, texting, watching TV, computer work or electronic games until symptoms have resolved; and
- Be cleared by a doctor before returning to school or sports.
February 1, 2012 | Permalink | Comments (0) | TrackBack (0)
Neurologists urged to screen for domestic violence and traumatic brain injuries
Domestic violence is a major cause of traumatic brain injuries. Unfortunately, many victims of domestic violence do not received adequate screening for brain trauma and many practitioners fail to even screen patients for domestic abuse.
The American Academy of Neurology has now recognized the importance of routine screening for domestic violence and traumatic brain injury in a new position statement published online and in the February edition of the journal, Neurology.
The statement also notes that anyone who is physically or cognitively impaired is at a higher risk for abuse and abusive treatment, and that such treatment can also effect the development of neurologic disease.
Research shows that more than 90% of injuries stemming from intimate partner violence occur to the head, face, or neck region, which may lead to traumatic brain injury.
In addition to integrating questions about abuse into the medial history, patients may also be asked about abuse directly. Optimally, this should happen when they are alone; this is essential when questioning children about abuse. Appropriate questions may include:
•Have you ever witnessed violence?
•Have you ever been hit, kicked, punched, or otherwise physically abused?
•Has anyone ever tried to control you by threat or intimidation?
•Have you ever felt controlled or isolated by your partner?
•Have you ever been forced to perform sexual acts?
•Have you ever been taken advantage of financially?
•Have you ever been concerned for your safety?
If spousal abuse is identified, the neurologist also should ask whether child abuse is also occurring.
The American Academy of Neurology joins several other professional organizations that have also encouraged screening for abuse. In 2008, for example, the American Medical Association advised physicians to routinely ask about the family violence histories of their patients, noting that this knowledge is essential for effective diagnosis and care.
An American College of Obstetricians and Gynecologists Committee has also recommended that obstetricians and gynecologists to routinely and periodically screen all women for intimate partner violence.
Victims of domestic abuse may be able to bring a lawsuit against their spouse for brain damage. The brain injury law firm of De Caro & Kaplen, LLP, can provide legal advice and assistance.
January 31, 2012 | Permalink | Comments (0) | TrackBack (0)
Brain Injury Association of America Seeks Authors for 5th Edition of Brain Injury Guide
The Brain Injury Association of America (BIAA) and the Academy of Certified Brain Injury Specialists will be producing the 5th edition of The Essential Brain Injury Guide. The new publication is intended to reflect current research and best practices in brain injury treatment and rehabilitation.
Qualified authors are invited to complete the form located at the BIAA web site to review anticipated topics and to indicate an interest in participating; further information will be requested as potential contributors are identified.
January 30, 2012 | Permalink | Comments (0) | TrackBack (0)
CNN Concussion Documentary This Evening
So CNN's chief medical correspondent, Dr. Sanjay Gupta, will be discussing concussiosn this evening in his documentary "Big Hits, Broken Dreams," airing at 5, 8 and 11 p.m.
At the center of the debate is concussions in football - how to identify them, how to prevent them and what to do once one occurs.
January 29, 2012 | Permalink | Comments (0) | TrackBack (0)
Meeting the needs of student veterans with traumatic brain injury
The Brain Injury Association of New York State, (BIANYS) is offering a free web broadcast, Meeting the Needs of Student Veterans: The Impact of Traumatic Brain Injury on Tuesday, January 31, 2012 from 1-2:30 p.m. ET
The presenter, is Mina Dunnam, Ph.D., is a Clinical Psychologist and Neuropsychologist. Dr. Dunnam has been in hospital practice as well as private practice for more than 25 years. She is currently on staff at the Stratton VA Medical Center in Albany, NY, where she directs the Neuropsychology Program
Space is limited. Reserve your Webinar seat now by clicking here. Please register by Thursday January 26th, as space is limited.
January 22, 2012 | Permalink | Comments (0) | TrackBack (0)
Poll: Should the NFL Ban All Head to Head Helmet Contact?
This weekend saw dramatic head to head contact when Saints running back Pierre Thomas was knocked out when struck during helmet to helmet contact by San Francisco 49ers S Donte Whitner.
You can see the play on the USA Today web site and then participate in their poll.
Here are the questions:
Should the NFL do more to protect its players from head injuries?
Yes, penalize all head-to-head hits
Yes, but just improve the equipment
vote by clicking here
No, game has already gotten too soft
January 16, 2012 | Permalink | Comments (0) | TrackBack (0)
Brain injury program to examine neuropsychological testing
The International Academy of Applied Neuropsychology has announced a program to be held in London England on Neuropsychological assessments.
The program is intended to cover the following areas
o Conceptualizing cognitive impairment following traumatic brain injury
o Fundamental principles for interpreting batteries of tests following brain damage
o Improving the scientific underpinning of clinical practice in traumatic brain injury evaluations
The symposium will be held on March 29, 2012 in London. This is a multidisciplinary workshop incorporating neuropsychology, clinical forensic psychology, neurology and psychiatry.
You could find further information on the flyer
For registration information, click on the “International Academy of Applied Psychology” link
January 16, 2012 | Permalink | Comments (0) | TrackBack (0)
Traumatic Brain Injury to be part of medical school curriculum
The Obama administration has announced a new partnership with U.S. medical schools to include traumatic brain injury as part of their medical school curriculum.
A total of 105 medical schools and 25 osteopathic colleges have pledged to include traumatic brain injury as part of their curriculum.
January 13, 2012 | Permalink | Comments (0) | TrackBack (0)
New York Brain Injury Association Art Exhibit-Call for Artists
The Brain Injury Association of New York State (BIANYS) will present the Annual Art Exhibit at the Empire State Plaza South Concourse in Albany. The show will run from February 13 - 17, 2011 and is free to the public. This is the 19th consecutive Brain Injury Association art exhibit and the Brain Injury Association is looking for artists to exhibit their work.
Call for Artists
BIANYS is looking for artists who have sustained a brain injury to participate in the exhibit. The Annual Art Exhibit is a great way to bring attention to the wonderful artists in our community, and raise awareness of brain injury at the same time. Please distribute information about the Art Exhibit to any artists who may be interested.
If you are an artist interested in displaying your work, please complete a participation form and submit it to BIANYS with your artwork. Any artistic medium is accepted; in past years the association has included work ranging from paintings, poetry, stained glass, photography and more.
New York Brain Injury Association Invites the Public to Visit
BIANYS encourages the community to visit the Art Exhibit and support all of the artists who make it possible. The Empire State Plaza is open to the public and there is no cost to view the artwork displayed. BIANYS will staff an information table between 11am and 2pm during the show, but the work will be up and available for viewing as long as the Concourse is open. Visit the BIANYS website for a downloadable Art Exhibit flier, which can be displayed to promote the show to visitors.
Questions and Information: If you have any questions about the Exhibit, or about submitting artwork, please contact Vicki Clingan at (518) 459-7911 or at her email.
January 12, 2012 | Permalink | Comments (0) | TrackBack (0)
Sports Concussions and Combat Concussions Free Web Program
The Brain Trauma Foundation is offering a free webinar on Sports and Combat Concussion: Assessment, Intervention, and Return-to-Play/Duty this Wednesday, January 11, 2012, 12-1 ET
The presenter is Jeffrey Barth, PhD. Dr. Barth is Director of the Brain Injury and Sports Concussion Institute at the University of Virginia Health System. He is also Chief of Neurocognitive Studies at University of Virginia Health System.
For more information go to the Brain Trauma Foundation web site.
January 5, 2012 | Permalink | Comments (0) | TrackBack (0)
On line sports concussion library
A new web site has been launched to share information about sports concussions and traumatic brain injury.
The Sport Concussion Library features a collection of scientific studies, documentaries pertaining to brain injuries. General information is tailored to parents, coaches, players, teachers and first responders, while education modules allow users to gauge and improve their knowledge of concussions. The site explains how to use important sports concussion tests and first responders and health workers can register to use it online.
Perhaps most interesting of all on the website are the various lengthy and candid testimonials from individuals who have experienced concussion firsthand, including hockey and football players, cyclists, and a wrestler, plus parents of injured athletes.
December 30, 2011 | Permalink | Comments (0) | TrackBack (0)
International Brain Injury Association call for award nominations
The International Brain Injury Association has announced a call for award nominations.
The first award is the Young Investigator Award for Early Career Contributions to the Field of Brain Injury Science.
The candidate must show that they have made a significant contribution to the field of brain injury in terms of any or all of the following:
• Peer reviewed publications
• Therapeutic innovation
• Peer reviewed presentations at scientific meetings and/or educational/teaching contribution
The Candidate must have published at least three (3) manuscripts in the field of brain injury
The Candidate must show promise that they will continue to contribute to the field into future years.
The second award is the Lifetime Achievement Award which is given when deemed appropriate to a meritorious individual who has made significant contributions to the field of brain injury through some form of advocacy (prevention, education, legislative, scientific, etc). It is anticipated that said individual will have made a contribution to the field of brain injury advocacy and support over at least a twenty (20) year time span.
The nomination deadline is January 23, 2012
You can get more information about the award process, further criteria and how to make a nomination by clicking here.
December 29, 2011 | Permalink | Comments (0) | TrackBack (0)
Distracted Driving Video Series
Distracted drivers cause many car accidents resulting in traumatic brain injury.
"Faces of Distracted Driving" is a video series that raises awareness about the potentially tragic consequences of texting and cell phone use while driving by sharing the stories of family members who have lost loved ones in distracted driving crashes. In 2009, nearly 5,500 people died and half a million were injured in accidents involving a distracted driver. The series is part of an effort by the United States Department of Transportation to raise greater awareness about the dangers of distracted driving.
To learn more about USDOT's efforts to stop distracted driving, click here .
You can access the “Faces of Distracted Driving” videos by following this link.
December 29, 2011 | Permalink | Comments (0) | TrackBack (0)
Headaches-a common finding in children following head injury and concussions
An article in the Journal Pediatrics reports that headaches, a common complaint following a concussion or other traumatic brain injury can linger for up to a year following the injury.
Children who have sustained a concussion are more likely to develop headaches than children who have sustained other types of injuries according to the study.
While not entirely surprising, the results point to a difficult long-term problem for kids and their parents because adequate treatments are lacking, researchers say.
Headaches are a truly troubling problem for children because it can affect sleep, make it harder to concentrate and cause profound personality changes. Headaches can affect school performance and must be monitored by school personal.
The study tracked more than 400 children who had come into the emergency room with a brain injury -- 402 kids had a mild injury and 60 kids had a moderate or severe injury. The study authors compared these head-injury cases to kids who had come into the emergency room with an arm injury. Parents and children kept a diary of any headaches the kids reported for a year.
After three months, 43 out of every 100 kids who experienced a mild brain injury complained of headaches. Among kids with moderate or severe brain injuries, 37 out of every 100 complained of headaches. It's unclear why the children with mild brain injury were more likely to have headaches than those who suffered more severe damage. In comparison, 26 out of every 100 kids who had an arm injury reported having headaches three months later.
The research also reported that girls were at a greater risk of suffering from post concussion headaches than boys. Girls who had a mild brain injury were more than twice as likely to have headaches as girls who had an arm injury, whereas boys had nearly similar rates of headaches regardless of the type of injury.
December 28, 2011 | Permalink | Comments (0) | TrackBack (0)
Neuropsychologists demand role in the diagnosis and management of sports concussions
In an article in the journal Clinical Neuropsychology, neuropsychologists are finally demanding some recognition of the critical role they can play in the recognition of a sports concussion and the management of what is now a true crisis in the sports world.
The article, “Role of Neuropsychologists in the Evaluation and Management of Sport-related Concussion: An Inter-Organization Position Statement” Clin Neuropsychol. 2011 Nov; 25(8): 1289-1294 abstract states:
Over the past 20 years, clinical neuropsychologists have been at the forefront of both scientific and clinical initiatives aimed at developing evidence-based approaches to the evaluation and management of sport-related concussion. These efforts have directly impacted current policy on strategies for injury assessment and return-to-play by athletes after concussion. Many states are considering legislation requiring (a) education of athletes, parents, coaches, and school/organization officials on the recognition, evaluation, and management of sport-related concussions; (b) removal from play of any youth athlete that is suspected of having sustained a concussion; and (c) not allowing the student to return to participation until the student is evaluated and cleared for return to participation in writing by an appropriate healthcare professional. It is the official position of the American Academy of Clinical Neuropsychology (AACN), American Board of Neuropsychology (ABN), Division 40 (Neuropsychology) of the American Psychological Association (APA), and the National Academy of Neuropsychology (NAN) that neuropsychologists should be included among the licensed health care professionals authorized to evaluate, clinically manage, and provide return to play clearance for athletes who sustain a sport-related concussion.
My question for this esteemed group is where have they been in this discussion up to now?
December 27, 2011 | Permalink | Comments (0) | TrackBack (0)
New NFL Rules on Concussions Is Same Old-Same Old
Last week, the NFL instituted a policy change designed to change the “hear no evil-see no evil” attitude of those on the side line to the reporting of concussions.
Under the new rules, a certified athletic trainer, paid by the league, will be at each game to monitor play and provide medical staffs with "any relevant information that may assist them in determining the most appropriate evaluation and treatment," the NFL said in a statement Wednesday.
The trainer's "role will be to provide information to team medical staffs that might have been missed due to a lack of a clear view of the play or because they were attending to other players or duties," the statement said.
The problem with this new rule is that the certified trainer can't order that players be removed from a game. Unless the NFL puts teeth into its new found religion when it comes to concussion, it will still be the same old, same old.
December 26, 2011 | Permalink | Comments (0) | TrackBack (0)
A christmas safety message-Put a Freeze on Winter Fires
Best wishes for a safe and happy holiday.
Please share this important safety message on preventing needless fires caused by holiday decorations:
The National Fire Protection Association and US Fire Administration are urging you to Put a Freeze on Winter Fires. These organizations estimate that there are 250 home fires involving Christmas trees and another 170 home fires involving holiday lights and other decorative lighting every year.
For tips on how to reduce your risk of a home fire this holiday season, including a dramatic video demonstration of what happens when fire touches dry and well-watered trees, visit the US Fire Administration
December 25, 2011 | Permalink | Comments (0) | TrackBack (0)
Brain Injury Lawsuits Against N.F.L. Continue to Grow
More lawsuits have been commenced against the N.F.L. by players claims that the league intentionally hid the dangers of concussions and misled players about the long term consequences of traumatic brain injury.
The latest suits filed in Miami follow similar suits filed in Atlanta last week and in California earlier this year.
All the suits follow a similar pattern of accusing the N.F.L. of deliberately omitting or concealing years of evidence linking concussions to long-term neurological problems. Not surprisingly, like tobacco companies faced with similar types of claims, the N.F.L. denied the charges and said that player safety has long been a priority.
The players say the N.F.L. made misrepresentations about the seriousness of their injuries “with the intent of inducing N.F.L. players, including plaintiffs, to return to play as soon as physically possible after having suffered a football-related concussion and to promote an aggressive style of football that would attract viewers.”
According to the lawsuit, after numerous studies on the risks of concussions, the N.F.L. created a committee of researchers and doctors in 1994 to study the issue.
The committee was supposed to be independent, but members were affiliated with the N.F.L., according to the lawsuit, and the group did not include a doctor specializing in neurology or other brain research. When the committee published its findings in 2003, it stated that “there was no long term negative health consequence associated with concussions,” according to the complaint.
The lawsuit notes that in 2010, the N.F.L. replaced the leaders of its research committee, and that the new leadership described the data used in the past by the league to counter the long-term effects of concussions as “infected” and lacking in science.
December 24, 2011 | Permalink | Comments (0) | TrackBack (0)
New Regulations to Protect Victims of Truck Accidents
The Federal Motor Carrier Safety Administration has published new regulations that ban the use of cell phones while driving trucks. The rule will be effective in about 30 days and will provide needed protection to motorists on our nation's highways from needless accidents with tractor trailers and other trucks.
The Federal Motor Carrier Safety Regulations (FMCSRs) and the Hazardous Materials Regulations (HMR) are amended to restrict the use of hand-held mobile telephones by drivers of commercial motor vehicles (CMVs) including big rigs, tractor trailers, semi and other trucks involved in interstate commerce.
This rulemaking will improve safety on the Nation’s highways by reducing the prevalence of distracted driving related crashes, fatalities, and injuries involving drivers of CMVs.
The Agencies that regulate interstate trucks also are amending their regulations to implement new driver disqualification sanctions for drivers of CMVs who fail to comply with this Federal restriction and new driver disqualification sanctions for commercial driver’s license (CDL) holders who have multiple convictions for violating a State or local law or ordinance on motor vehicle traffic control that restricts the use of hand-held mobile telephones. Additionally, motor carriers are prohibited from requiring or allowing drivers of CMVs to use hand-held mobile telephones.
Trucking accidents are a leading cause of death and injury on our nation’s highways. Not surprisingly, many of these accidents result in traumatic brain injury to the innocent victims. The law firm of De Caro & Kaplen, LLP has developed special knowledge and experience in representing accident victims involved in collisions with trucks. Michael Kaplen is on the advisory board of the plaintiff’s interstate trucking association. Both Michael Kaplen and his partner Shana De Caro are active members of the American Association for Justice Interstate Trucking Litigation Group. Contact De Caro & Kaplen, if you need legal assistance following an accident with a tractor trailer or other big rig.
December 5, 2011 | Permalink | Comments (0) | TrackBack (0)
Graduate Program in Special Education & Transition Services in Brain Injury
The George Washington University was the first post-secondary institution in the nation to have developed and implemented a specialized graduate degree program, geared toward training professionals in the field of special education and brain injury. For the past five years I have had the privilege of being a guest instructor for this wonderful program.
The brain injury special educator may work directly with children with acquired brain injury (ABI) or with the school teams and families who support them. The curriculum is focused on training teachers to work in high need school districts and high poverty schools where the incidence of pediatric brain injury is very high. Students are offered the opportunity of specialized coursework, high quality supervised practica and internships, as well as ongoing school and community-based mentorship opportunities.
You can earn a Master’s while pursuing teacher licensure in Special Education. You can prepare to become a special education teacher to serve school age children and youth with traumatic and acquired brain injuries. The program includes on-campus and on-line coursework, and is possible to complete within two years.
Scholarships are available to qualified students through a grant from the U.S. Department of Education that offers up to 75% of tuition. Questions? Contact Theresa Sacchi Armstrong at 202-994-7306 Read more about the George Washington University Graduate Program in Acquired Brain Injury.
December 4, 2011 | Permalink | Comments (0) | TrackBack (0)
New York needs a strong concussion management program
I am honored to reproduce today’s editorial in the Buffalo News concurring in my views and recommendations for a strong concussion management program in New York Sate.
Protect young athletes
Epidemic of head injuries shows need for stronger regulations on concussions
Dr. Elad Levy calls it an epidemic that has rendered some young people unable to complete their high school or college studies.
Levy, a local neurosurgeon and president of the Program for Understanding Childhood Concussion & Stroke, is referring to the problem of head injuries among young athletes.
Evidence of the seriousness of the epidemic is all around:
* The Centers for Disease Control and Prevention, for example, reported in October that annual visits to emergency departments across the country for traumatic brain injuries among young people ages 18 and under grew by 62 percent between 2001 and 2009, when nearly a quarter million such hospital visits occurred.
* Also in October, a 16-year-old defensive tackle died after getting dinged on a routine play and suffering a brain bleed during a high school game in Cortland County, and in August a college football player in Maryland collapsed during a practice and died less than a week later due to a traumatic brain injury caused by helmet-to-helmet contact.
* Closer to home, teenager Philip Kane of South Buffalo suffers from splitting headaches and struggles to read, due to at least six concussions stemming from contact sports such as football and hockey, according to a story Sunday by News reporter Charlie Specht.
New York recently took a step in the right direction when Gov. Andrew M. Cuomo signed into law the Concussion Management and Awareness Act, which will require the state's nearly 700 school districts to take better precautions in handling suspected concussions on the field or in the gym.
The new law, set to take effect on July 1, 2012, will standardize a hodgepodge of school protocols that ran the gamut in looking out for student safety regarding head injuries.
But there is more that must be done to confront the concussion crisis.
Unfortunately, some athletes and coaches -- and even some parents -- still adhere to the old "bell rung" canard, which suggests it's OK for players to shake off a hit to the head and stay in the game.
The new law will go a good distance toward eliminating that line of thinking. The law requires the immediate removal from all athletic activities of any student suspected of suffering a concussion, and it bars his return until he has been free of concussion symptoms for at least 24 hours and receives clearance from a doctor.
It also mandates special training about concussions for coaches, physical education teachers, nurses and athletic trainers.
But some critics say the law comes up short on several fronts, most notably for not requiring that all athletes take a baseline neuropsychological test before being allowed to participate in a sport.
Such a test would give doctors a point of reference in determining whether an athlete who suffered a concussion has recovered fully from his injuries and is able to play again, according to Michael V. Kaplen, a lawyer and chairman of the New York State Traumatic Brain Injury Coordinating Council.
The council has recommended that the state's commissioners of health and education include mandated baseline testing as they write the regulations implementing the new state law.
The testing would be considered preventive medicine, covered under most health insurance plans for children, and thus won't add to any school district's financial burden, said Kaplen.
Kaplen also points out that most professional and intercollegiate teams in all sports use such baseline testing as a key tool in managing concussions.
It's hard, then, to argue against its use among high schoolers, whose still-developing brains are even more susceptible to long-term damage from repeat concussions.
The Traumatic Brain Injury Coordinating Council has put forth other worthwhile recommendations that the state commissioners should strongly consider, as well.
"In the year 2011, there's not a topic more relevant in high school sports than concussion management and traumatic brain injury," said Kaplen. "We need some uniformity throughout the state. This is the brain we're talking about."
Area school districts would be wise to begin implementing as much of the state law as they can, as soon as possible, instead of waiting until next summer.
In addition, some districts and independent sports programs stand out as leaders in trying to prevent head injuries and should be emulated.
Athletic trainers at Starpoint and Lewiston-Porter high schools, for example, already use baseline testing to identify concussions and keep brain-injured athletes out of the lineup until they're healthy again.
At Orchard Park High School, football coach Gene Tundo bans full-contact hitting during practices to avoid unnecessary shots to the head.
The precautions don't have to come at the expense of winning, either. Orchard Park finished a perfect 13-0 season on Sunday by capturing the state championship title in Syracuse.
December 3, 2011 | Permalink | Comments (1) | TrackBack (0)
Music therapy can assist following a traumatic brain injury
I just came across an article in USA Today on the use of music therapy in brain injury rehabilitation.
The most famous recent music therapy patient is U.S. Rep. Gabrielle Giffords of Arizona who sustained a brain injury after being shot through the left side of her brain 10 months ago. Music therapy has assisted in helping her learn to walk and speak again. This form of brain injury therapy also has the added bonus of providing psychological benefits.
According to the article, using an approach called Melodic Intonation Therapy, therapists can retrain an injured brain like Giffords' to circumvent the damage. Take the word "hello." A therapist might teach a patient to sing the two syllables, first a high note, then a lower one. With practice, the patient could slowly phase out the musical notes, first saying the word in a sing-song fashion and then speaking it directly.
You can read the full article by clicking here.
For legal assistance following a traumatic brain injury, contact the brain injury attorneys at De Caro & Kaplen, LLP
December 3, 2011 | Permalink | Comments (2) | TrackBack (0)
Repeated heading of a soccer ball can cause brain damage
Using diffusion tensor imaging equipment (dti) which measures brain function combined with the results of neuropsychological testing, researchers at New York’s Albert Einstein College of Medicine and Montefiore Medical Center, have concluded that heading the ball in soccer can cause brain damage.
Frequent heading of the ball resulted in brain injuries similar to the damage found in other forms of concussions.
Lead author Michael Lipton, M.D., Ph.D., associate director of Einstein's Gruss Magnetic Resonance Research Center and medical director of MRI services at Montefiore said :
"Our goal was to determine if there is a threshold level for heading frequency that, when surpassed, resulted in detectable brain injury ... While heading a ball 1,000 or 1,500 times a year may seem high to those who don't participate in the sport, it only amounts to a few times a day for a regular player ...
Heading a soccer ball is not an impact of a magnitude that will lacerate nerve fibers in the brain ... But repetitive heading may set off a cascade of responses that can lead to degeneration of brain cells."
In all, five different areas of the brain were seen to be affected - they were clustered in the frontal lobe (behind the forehead) and in the temporal-occipital region (the bottom-rear areas) of the areas that are responsible for attention, memory, executive functioning and higher-order visual functions.
Players were also tested to assess their neuropsychological function. Players with the highest annual heading frequency performed worse on tests of verbal memory and psychomotor speed (activities that require mind-body coordination, like throwing a ball) relative to players with fewer number of headers.
The study was presented earlier this week at the annual meeting of the Radiological Society of North America, in Chicago.
The brain injury attorneys at the New York brain injury law firm of De Caro & Kaplen, frequently use dti testing to prove that their clients have sustained a traumatic brain injury as a result of an accident. If you need legal assistance for your brain injury case, contact the brain injury law firm today.
December 2, 2011 | Permalink | Comments (0) | TrackBack (0)
New brain injury class action lawsuit against the NCAA
A class action lawsuit has been filed in the United States District Court for the Northern District of Illinois, on behalf of recent college football and soccer players against the N.C.A.A. claiming that the association has been negligent regarding awareness and treatment of brain injuries to athletes.
A portion of the class-action suit reads, “The N.C.A.A. has engaged in a long-established pattern of negligence and inaction with respect to concussions and concussion-related maladies sustained by its student-athletes, all the while profiting immensely from those same student-athletes.”
This suit follows under legal action taken by brain injured players against the NFL for its callous indifference to protecting the health and safety of players suffering from concussions.
If you or a loved one is suffering from a brain injury caused by an accident or medical negligence, the brain injury attorneys at the New York brain injury law firm of DE CARO & KAPLEN, LLP may be able to provide legal assistance.
December 1, 2011 | Permalink | Comments (0) | TrackBack (0)
New pediatric brain injury unit opened in New York
Blythedale Children's Hospital, located in Vahalla, New York has announced the opening of a new wing devoted to assisting children up to the age of 19 suffering from traumatic brain injuries as well as other neurological and orthopedic conditions.
The new wing has a state of the art brain injury unit which will benefit both children and their families. The unit offers private rooms with special monitoring equipment and window shades to control light.
The hospital also offers new conveniences for families, such as sofa beds and a family room with a kitchen, library and play area.
If your child suffers from a traumatic brain injury as a result of an accident or medical malpractice, the brain injury attorneys at De Caro & Kaplen, LLP can provide legal assistance.
November 30, 2011 | Permalink | Comments (0) | TrackBack (0)
Brain injury in children can last a lifetime
Children can face a lifetime of problems after suffering head injuries from falls, car accidents and other mishaps, according to a new study.
From communication deficits to trouble with daily self-care, the effects of moderate to severe brain injuries can lead to "substantial long-term reduction" in quality of life for children with traumatic brain injury according to research conducted at the Univeristy of Washington, School of Public Health and published this month in the Journal, Pediatrics.
The study looked at 729 children under 18 years old treated for brain injuries at emergency rooms in Seattle and Philadelphia between 2007 and 2008. Most of the injuries resulted from falls and car accidents.
Levels of the children's functioning before they were injured were determined through phone interviews, usually with parents. Tests were done three months, one year and two years later to assess different skills and behaviors. They included whether the children were depressed, played or interacted with others, were teased, had trouble concentrating or remembering, and could do things "that other children can do”
The children were further assessed to see if they could "have a conversation, discuss a topic," and do things such as use the toilet, brush their teeth, and feed and dress themselves.
Comparisons also were made to a separate group of 197 children who had visited the same emergency rooms with arm injuries in the same period.
The research found most of the children with head injuries, about 85 percent, suffered from mild trauma. Some of those had deficits at three months, but few suffered lasting loss of social and daily life activities.
But lasting effects were seen in those with mild injury who also suffered a brain hemorrhage and those who suffered a moderate or severe brain injury. These children faced obstacles in day-to-day life, school activities and sports at the end of the two-year research period.
The brain injury attorneys at the brain injury law firm of De Caro & Kaplen, Lwww.brainlaw.comLP can provide legal assistance if your child has sustained a traumatic brain injury
November 29, 2011 | Permalink | Comments (0) | TrackBack (0)
Support the National Pediatric Acquired Brain Injury Plan Act
Guest editorial: Support the National Pediatric Acquired Brain Injury Plan Act
The following editorial appeared in the Times of Trenton authored by the Brain Injury Association of New Jersey
Imagine you are a parent whose child has sustained a brain injury through something as enjoyable as playing a sport or as horrific as abuse by a caretaker or as patriotic as serving our country as a member of the armed forces. Wouldn’t you want the best system of care possible to maximize the chances of recovery and quality of life for your child? There are many tragic stories about children and youth with brain injury; Congress has an opportunity to provide support and hope for them.
New Jersey Rep. Leonard Lance (R-Westfield) introduced the National Pediatric Acquired Brain Injury Plan Act (PABI Plan Act). Also known as H.R. 2600, the act would enable the creation of a seamless, standardized, evidence-based system of care that will be universally accessible for the millions of American families affected by the life-altering changes and challenges associated with brain injury. The plan would include youth aged 25 and younger who may be serving in the armed forces. Implementation of the act will cover the entire continuum of care: from prevention, treatment in acute medical facilities, reintegration into schools, communities and homes and then transition into an adult system of greater independent living.
Despite the fact that 95 members of the House of Representatives are co-sponsors of H.R. 2600, Congress has yet to advance it out of subcommittee. The Brain Injury Association of New Jersey believes Congress should do so as soon as possible.
Brian injury is a leading cause of death and disability in children and young adults. According to the Centers for Disease Control, more than 765,000 youth aged 25 and younger enter an emergency department each year with a new traumatic brain injury. More than 80,000 are hospitalized, and more than 11,000 die annually. The number of youth and children who receive no care is unknown.
“The ultimate goal of the PABI Plan Act is to maximize recovery, enhance quality of life and ensure that New Jersey — and American — youth have the best chance to live productive and meaningful lives,” said Barbara Geiger-Parker, president and CEO of the Brain Injury Association of New Jersey, a nonprofit organization whose mission it is to support and advocate for individuals affected by brain injury and raise public awareness through education and prevention.
H.R. 2600 is pending consideration by the subcommittee on health within the House Committee on Energy and Commerce. The bill is not yet slated for a hearing. Meanwhile, many American families are waiting in the wings, hoping that support for their child with brain injury is near.
This socially and fiscally sound proposal has broad appeal. All members of the New Jersey congressional delegation should co-sponsor H.R. 2600. Several members of the delegation already have. Rep. Jon Runyan (R-Mount Laurel), Donald Payne (D-Newark), and Albio Sires (D-Jersey City) have joined Rep. Lance and registered as co-sponsors. The balance of the New Jersey congressional delegation should follow the lead of their colleagues. The act’s co-sponsors range from the most liberal to the most conservative members of Congress. The Heritage Foundation, a conservative think tank, supports the bill, as does the Iraq and Afghanistan Veterans of America, who advocate for improving the lives of veterans and their families.
It’s vital that New Jerseyans contact their Congress members to ask them to co-sponsor H.R. 2600 and call on Congress to approve it and the president to sign it. Doing so is an important step forward in maximizing the lives of New Jersey youth who are affected by brain injury. The act will change how children and youth with brain injury — including veterans —receive care. They cannot wait. The time for Congress and the president to act is now.
The National Pediatric Acquired Brain Injury Plan Act was first proposed by the Sarah Jane Brain Foundation. I am honored that I am a member of the Sarah Jane Foundation National Legal Advisory Board.
For legal assistance following a traumatic brain injury, contact the brain injury law firm of De Caro & Kaplen, LLP.
November 29, 2011 | Permalink | Comments (0) | TrackBack (0)
Important traumatic brain injury resources for veterans and others
Here are some important Traumatic Brain Injury (TBI) Links for returning veterans suffering from traumatic brain injuries. These organizations and the information provided can also provide helpful assistance to anyone who has sustained traumatic brain damage.
American Veterans with Brain Injuries
This group provides a peer chat room and forum for American service members and veterans, as well as for family members and caregivers. Both the forum and chat room are interactive and designed for participants to ask questions, get information and share personal experiences with others.
Brain Injury Association of America (BIAA)
The Brain Injury Association of America was founded in 1980. Its mission is "creating a better future through brain injury prevention, research, education and advocacy." The organization's website offers extensive resources and links to related websites.
BrainLine is a national multimedia project offering information and resources for preventing, treating and living with TBI. BrainLine.org is a service of WETA, the public television and radio station in Washington, D.C., and is funded by the Defense and Veterans Brain Injury Center through a contract with the Henry M. Jackson Foundation.
The Brain Trauma Foundation is dedicated to improving the outcomes for traumatic brain injury patients worldwide by developing best practices guidelines, conducting clinical research and educating medical professionals and consumers. Its efforts also focus on public education aimed at increasing awareness and understanding of the symptoms of a concussion. The group's goal is to better educate coaches, nurses, athletes, parents and all citizens about the importance of recognizing concussions and taking the appropriate steps to ensure people receive appropriate care.
DVBIC-Charlottesville Rehabilitation Programs
DVBIC-Charlottesville Rehabilitation Programs, in Charlottesville, Virginia, provides a community integrated brain injury rehabilitation program, comprehensive evaluation, outpatient therapy clinic, vocational training and innovative community re-entry services for military and civilians with brain injury. DVBIC-Charlottesville is a national leader in developing treatment modules for community reintegration and evolving use of technology aids. Its experienced rehabilitation team and scientific agenda promote optimal treatment.
DVBIC-Johnstown is the combination of multiple sites in Johnstown, Pennsylvania. These sites include a community re-entry program and an outpatient clinic. DVBIC-Johnstown is committed to improving the lives of military personnel and veterans with traumatic brain injuries by maximizing independence and facilitating re-entry into family and community life.
The Journey Home website, administered by the Center of Excellence for Medical Multimedia, provides an informative and sensitive exploration of TBI, including information for patients, family members and caregivers. Topics include types and symptoms of brain injury, TBI treatment and recovery and helpful insights about the potential long-term effects of brain injury. Animation is used to help patients clearly understand the brain and the results of injuries to different parts of the brain. Survivors and their caregivers share courageous stories about their own experiences, providing down-to-earth facts along with inspiration and hope.
National Association of State Head Injury Administrators (NASHIA)
The National Association of State Head Injury Administrators (NASHIA) is a nonprofit organization created by state government employees administering public programs for individuals with traumatic brain injury and their families. NASHIA assists state governments in promoting partnerships and building systems to meet the needs of individuals with brain injury. NASHIA provides information on state contacts, public programs and resources within states; hosts a website containing materials and information; sponsors an annual national conference; provides training through webcasts and radiocasts; monitors state and federal public policies and legislation; and advocates for public policies and funding to assist states in better meeting the needs of individuals with traumatic brain injury and their families.
National Center for Injury Prevention and Control (NCICP)
National Center for Injury Prevention and Control (NCICP), at the Centers for Disease Control and Prevention, supports data collection and follow-up studies in more than 15 states to track and monitor TBI in the United States, link people with TBI to information about services and find ways to prevent TBI-related disabilities. The center's website offers fact sheets about traumatic brain injury, including information on the problem, consequences, causes, cost, groups at risk, collaborating organizations and references.
National Institute of Neurological Disorders and Stroke
Created in 1950, the National Institute of Neurological Disorders and Stroke aims to reduce the burden of neurological disease — found in every age group, every segment of society and all over the world. The group's TBI information page includes extensive resources and links to related websites.
War causes wounds and suffering that last beyond the battlefield. Swords to Plowshares' mission is to heal those wounds, restore dignity, hope and self-sufficiency to all veterans in need and significantly reduce homelessness and poverty among veterans.
POV: Where Soldiers Come From: Links & Books
POV's website for the documentary Where Soldiers Come From has an extensive list of resources spanning traumatic brain injury (TBI), health care and other support for veterans.
For legal assistance following a traumatic brain injury, contact the brain injury attorneys at the New York brain injury law firm of De Caro & Kaplen, LLP.
November 27, 2011 | Permalink | Comments (0) | TrackBack (0)


