Brain Injury Lawyer - New York

Hockey Player Suspended

The National Hockey League should be commended for suspending St Louis Blues captain, Dallas Drake for an illegal check that caused a concussion to Anaheim Might Duck player, Corey Perry. Read the full story by clicking here.

More suspensions by the NHL for rough conduct would help to reduce the epidemic of concussions in professional hockey. 

New CDC Fact Sheet on TBI

A new Traumatic Brain Injury fact sheet has been released by the Centers for Disease Control. The fact sheet contains useful definitions of brain trauma that can be successfully used by lawyers handling brain damage cases to prove that even "mild" insults to the brain and events that did not result in a loss of consciousness still can produce a TBI with permanent problems to the victim.

The TBI Fact Sheet defines traumatic brain injury as "A "blow or jolt to he head or a penetrating head injury that disrupts the function of the brain.  Not all blows or jolts to the head result in a TBI. The severity of such an injury may range from "mild", i.e., a brief change in mental status or consciousness to "severe," i.e.  an extended period of unconsciousness or amnesia.  A TBI can result in short term or long term problems with independent function"

Look at what the CDC says are the long term consequences of TBI. "TBI can cause a wide range of functional changes affecting thinking, sensation, language and/or emotions.  It can cause epilepsy and increase the risk for conditions such as Alzheimer's disease, Parkinson's disease, and other brain disorders that become more prevalent with age"

The full CDC fact sheet on TBI  can be viewed by clicking Download factsaboutBI.8.29.05.pdf .

Let's Make Boxing Safer

Support for an investigation of head injury and boxing by the Nevada State Athletic Commission was made in an editorial published in the Las Vegas Sun. 

We all know of the recent tragic deaths in Las Vegas caused by head injury to boxers.  These deaths were even more tragic since the boxers did not display immediate symptoms of head injury while still in the ring.  Did you know that the American Association of Neurological Surgeons estimates that the force of a professional boxer's punch is the same as being struck by a 13 pound bowling ball traveling 20 mph. And even in this scenario, signs and symptoms of brain trauma still may not appear for many hours!

The investigation into head and brain trauma by the Nevada State Athletic Commission will look at proposals including mandating pre and  fight MRI and Pet Scan studies as well as the use of head gear and heavier gloves.

Do you know of any other sport where victory is defined as knocking someone out or ringing their bell?    

Attention New York Brain Injury Lawyers

This is the last chance for lawyers and health care professionals to  preregister for the 6th Annual "Understanding The Medical and Legal Aspects of Brain Injury Litigation" Course sponsored by the Brain Injury Association of New York State.  The course is scheduled to be held on Friday, October 28, 2005 at the Hospital for Joint Diseases, New York University Medical Center, 301 E. 17th street, New York City.  (Registration for an increased fee will also be accepted at the door)

I am again proud to be the chairperson of this seminar designed to provide members of the legal profession and health care profession a through understanding of the ramifications of brain trauma and develop a strong grasp of the medical science, trial procedures and techniques needed to bring a brain damage case to a successful conclusion.  Neuropsychologists, nurses, therapists and allied health professionals will learn how to navigate the legal system and present quality testimony when called upon to provide these services by members of the legal profession.  In the past both plaintiff and defense attorneys, judges and brain rehabilitation professionals have attended to gain knowledge of how brain trauma cases are litigated.  Written course material will be provided to all attendees.  For registration information can be obtained at www.bianys.org .

This year's program includes the following topics and presenters:

• Neuropsychological Testing: What It Is, How It Works, What it Means presented by Wayne Gordon, PhD. Chief Neuropsychologist and Director of Research and Professor of Rehabilitation at Mt. Sinai Medical Center, New York.
• Life Care Planning for Persons With A Brain Injury presented by Robert Voogt, PhD., President, North American Brain Injury Society and Past President, International Brain Injury Association.
• Neurobehavioral Changes Following TBI presented by Patrick T. Swift, PhD., Director of Neuropsychological Services, Hospital for Joint Diseases.
• Use of Medical Literature in Brain Injury Litigation presented by Bruce Stern, Esq., Past Chair ATLA Traumatic Brain Injury Litigation Group and Past President, New Jersey Trial Lawyers Association
• Innovative Techniques Using Demonstrative Evidence presented by Michael Kessler, Esq. member of the Executive Committee, ATLA Traumatic Brain Injury Litigation Group
• Medicare  and Medicaid Issues in Brain Litigation Settlements, presented by Jay Sangerman, Esq., Past Chair NYS Bar Association, Elder Law Section
• Ethical Considerations in Representing A Client With A Brain Injury, presented by Michael Kaplen, President, Brain Injury Association of New York State and Past Chair ATLA Traumatic Brain Injury Litigation Group.

All seminar attendees will receive a certificate of attendance for use in applying for continuing education credits in individual disciplines.  Approval for continuing legal education credits in New York State is pending.  Approval for continuing education credits for therapy professionals is currently pending.

Insurance Company Denies Payment to Car Accident Head Injury and Coma Victim

After receiving a severe head injury that left her in a coma, Ethel Adams was refused uninsurance motorist insurance benefits from her Oregon insurance company.  Thankfully, the state insurance commissioner stepped in and told the Oregon insurer, pay or face legal action by the State. The insurance commissioner is quoted as saying to the insurance company, "It's not a question if you pay Ethel Adams, but when"

Ethel was a passenger is a car that was struck by a hit head on by a truck that crossed the center line of the roadway after deliberately being rear ended by a boy friends vehicle.  The insurance company said that the act of the boy friend was intentional and therefore they did not have to pay compensation to the victim who was in a coma for nine days and in a hospital and rehabilitation center for five months.  The insurance commissioner called the insurance company argument "ridiculous". 

More persons denied insurance benefits for their head injuries ought to use this as an example of the need to file complaints with the their state's insurance department when they are denied benefits for their automobile accidents and the injuries they sustain.   

You can read the full story by clicking here .

Learn More About The Brain

Mount Sinai Hospital School of Medicine in New York is presenting a "Mini-Med School"  Course on the Brain to be held on 6 consecutive Tuesday nights beginning November 8, 2005 at 6PM

Mini Med School is a public science education program designed for anyone who has ever wondered what it would be like to attend medical school. No exams and no prior science background is required.  The topics to be covered include brain surgery, brain cancer, stroke, pinched nerves, movement disorders and an overview of the human brain.  Each class is made up of two 45 minute lectures followed by a half hour question and answer session.  All classes are held at Mount Sinai School of Medicine from 6:00 PM to 8:00 PM at the Stern Auditorium, Annenberg Building, 1468 Madison Avenue.

Advance registration is required.  You can register at www.mssm.edu/mine-med or by calling 800 MD SINAI.

I am planning to attend and look forward to seeing you in Med School!

New Epilepsy Treatment Guidelines

There are new guidelines under development for the treatment of status epilepticus (prolonged seizures or a series of repeated seizures) by the Epilepsy Foundation of America in conjunction with the American Academy of Neurology and the Child Neurology Society.

These new guidelines will suggest more rapid drug treatment in children who suffer from prolonged seizure activity.  Under older guidelines, drug treatment was recommended if the seizures last more than 10 minutes. The new guidelines will decrease the time period to 5 minutes.  The new guidelines also are recommending that drug therapy be initiated even without testing such as EEG's, MRI's or other studies since they are often negative despite seizures and epilepsy. 

Read more information by clicking here .

Our law firm has handled several cases involving seizures and epilepsy caused by brain trauma or head trauma.  Seizures as a result of trauma may develop, minutes, hours, days or even weeks following that accident. If you were involved in an accident and believe that your epilepsy or seizures were caused by the accident, give us a call toll free at 1 866 BRAINLAW.

Preventing Brain Damage in Newborns

New borns who may have sustained brain damage as a result of inadequate oxygen at birth may show recovery according to a new study if their body temperatures are chilled by 6 degrees Fahrenheit for three days.  This promising treatment to reduce brain damage in new born infant's is reported in this week's New England Journal of Medicine.  Lack of oxygen to the brain called hypoxia or anoxia can lead to anoxic encephalopathy and brain damage including cerebral palsy and blindness in new borns.  You can get further information by clicking here .  Frequently, the obstetrician has failed to recognize fetal distress and fails to promptly deliver a baby leading to brain damage.  We have been involved in many malpractice cases where brain damage to an infant was caused by the failure to rapidly perform a c section when fetal distress was noted.

Domestic Violence and Head Trauma

Domestic violence is one of the leading causes of head trauma.  The following story concerning domestic violence leading to coma is just another example of this problem.  I have advocated brining a seperate law suit for injuries received as a result of domestic violence in addition to suing for divorce.  To read the full story of domestic abuse in Saudi Arabia leading to coma click here .  For more information on domestic violence and brain trauma as well as additional resources available see my earlier post:  http://braininjury.blogs.com/braininjury/2005/06/
domestic_violen.html

Health Department Conference

I look forward to seeing many of my friends and colleagues at the Best Practices in Head Injury conference scheduled for Tuesday, October 18th in Albany New York.  More information can be gathered by going to my earlier post by clicking:  http://braininjury.blogs.com/braininjury/2005/09/
new_york_state_.html   This brain trauma conference sponsored by the New York State Department of Health is an excellent source of new information and allows for great sharing of information among professionals in the brain trauma rehabilitation field.

This year, because of the success of this blog and the feed back that I have received, I will have an exhibit table at the conference where I meet readers of this blog site and gain your insights into new topics and new areas for posting. 

If I can assist anyone with a legal matter, please stop by so we can chat.