Brain Injury Lawyer - New York

Acute Hospital Care Following Severe Brain Trauma

The miracles of modern medicine continue to save the lives of more and more individuals who have sustained severe brain injury.

How to best manage the care of a patient with severe brain injury involves the intervention of a multiple medical specialties.

An article in this month's British Journal of Anesthesia entitled Traumatic Brain Injury: intensive care management discussed the multidisciplinary team led by neurointensivists, neuroanaesthetists, and neurosurgeons.  The aim of care is the avoidance of secondary injury, maintenance of cerebral perfusion pressure (CPP), and optimization of cerebral oxygenation.

The review discussed he intensive care management of severe TBI with emphasis on the specific measures directed at the control of intracranial pressure and CPP.

For more information on reading this entire article click here.

Congress Not Happy With NFL

Following Tuesday's hearing on the practices of the NFL disability plan, the New York Times reports that some members of Congress are considering remedial action.

It's been a long time coming, but something must be done to protect players who are continually rejected for long term disability benefits despite clear proof that they sustained a traumatic brain injury while playing in the NFL that has rendered them permanently disabled.

Here's what the Times reports based upon interviews with House members:

"Whether Congress will ultimately consider action, or whether the hearing served merely as its public relations warning to the league and union to improve a disability system that the panel depicted as drawn-out and draconian, remained unclear one day after the hearing. But three members of the committee reasserted in telephone interviews yesterday that they would consider legislation should they not see improvements to the treatment of retired players, of whom 317 received disability payments of about $63,000 apiece last year."

According to the chairperson of the House Judiciary Subcommittee on Commercial and Administrative Law,  Linda T. Sanchez,  further hearings are likely and legislative action is imminent unless the league become more responsive and fairer to its disabled players.

Read the full New York Times story by clicking here.

HBO Documentary: COMA

HBO has announced the broadcast of a new documentary exploring the world of COMA to be aired Tuesady, July 3rd (9:00-10:45 ET/PT).

COMA explores the mysteries of the injured brain and its ability to heal.   Giving voice to people whose quality of life and very existence have been threatened, the special goes inside a top U.S. medical facility for the treatment of head trauma and follows four coma survivors over the course of a year.

Reportedly, the director was given unprecedented access to the Center for Head Injuries at the JFK Medical Center in Edison, NJ.  She chronicles the emotional stories of four families for one year, looking through the eyes of their renowned physicians and neuropsychologists, led by Dr. Joseph Giacino and Dr. Caroline McCagg.   

First reports from NFL Congressional Hearing

The long awaited congressional hearing into the unfairness of the NFL player's disability plan was held today by House Judiciary subcommittee chaired by  Rep. Linda Sanchez, D-Calif. and some of the testimony given by retired players suffering from brain damage wasn't pretty. 

Testimony about lives shattered, homelessness, years of depression, memory loss and other conditions were given my many retired players.  These players also testified to the refusal of the NFL disability fund to grant them disability benefits despite overwhelming evidence of brain injury sustained while playing professional football.

Here are some of the things that were said at today's hearing:

The players from the '50s, '60s and '70s laid the groundwork for the popularity of the NFL, a billion-dollar industry, and should be treated better, lawmakers said.

"Perhaps there ought to be a legal solution," said Rep. Chris Cannon, R-Utah.

"We have a group that should be protected, but is not being protected," said Rep. Tom Feeney, R-Fla.

"What is even more troubling is that through projects such as NFL Films, the NFL continues to profit off those very same players who are denied benefits," said Rep. Linda Sanchez, D-Calif.

What is extremely troubling to me is the failure on the part of the league to even admit that there might be a problem with a plan that has refused to acknowledge player's brain damage and other physical injuries despite the overwhelming evidence presented to them.   

You can read a full report of today's hearing by clicking here.

Defective Chinese Tires Lead to Brain Injury

A roll over accident of an SUV in New Jersey which led to severe brain injury was allegedly caused by defective tires manufactured in China by  Hangzhou Zhongce Rubber Co. and sold through it's US distributer Foreign Tires Sales Inc.  A lawsuit for the brain injuries and for the wrongful death of the other two vehicle occupants was instituted in the Federal District Court in New Jersey.

Today, the National Highway Traffic Safety Administration issued a recall of all tires manufactured by this company.  The tires are used as replacements on pickup trucks, sport utility vehicles and vans. 

Apparently the tires lack a critical component which causes the threads to separate.

Over 450,000 defective tires are involved in the recall.

This is not the first instance where defective tires have caused brain injuries and wrongful death to vehicle occupants.  Vehicle roll over accidents caused by thread separation is the defect that led Firestone in 2000 to undertake one of the largest tire recalls ever in the United States, involving millions of tires.

Senate Committee to Consider TBI Act

The Traumatic Brain Injury (TBI) Act reauthorization continues to move forward in the Senate.

Reports are that the Senate Committee on Health, Education, Labor and Pensions (Senate HELP Committee) will begin work on S. 793, “Reauthorization of the Traumatic Brain Injury (TBI) Act,” tomorrow, June 27, 2007. 

Here are portions of a letter sent by the Brain Injury Association of America (BIAA) earlier this moth to to the Senate HELP Committee’s Chairman, Sen. Edward Kennedy (D-MA) and Ranking Member, Sen. Orrin Hatch (R-UT), urging prompt committee consideration of the bill and expressing support for the legislation.

“Reauthorization of this legislation is needed now more than ever, as increasing numbers of our Armed Forces are returning from combat with traumatic brain injuries. Many of these heroic service members will join the 5.3 million American civilians who live with a long-term disability as a result of traumatic brain injury. They urgently need the community supports, protection and advocacy available through the TBI Act, which is the only federal law that specifically addresses this major public health problem and provides a foundation for state and federal agencies to combat the nation’s leading cause of death and disability for children and young adults.”

The bill directs the Centers for Disease Control and Prevention (CDC) and the National Institutes of Health to determine the incidence and prevalence of TBI with respect to all age groups, institutional settings, and special populations. Importantly, the agencies are also directed to identify common therapeutic interventions and comparative effectiveness in improving functioning, as well as the adequacy of existing measures of outcomes.

Hopefully, following committee action, the full Senate will take up the bill.

Similar legislation has been introduced in the House of Representatives, H.R. 1418, which was introduced earlier this year by the Co-Chairs of the Congressional Brain Injury Task Force, Reps. Bill Pascrell, Jr. (D-NJ) and Todd Platts (R-PA).

It's still not to late to contact your House member and Senator and urge them to reauthorize the TBI Act.

NFL Disability Plan Cleaning Up Their Act Before Congressional Hearing

On Tuesday, a congressional hearing is scheduled to examine the NFL Disability Plan and the obstacles it put in the way of brain injured players from obtaining disability benefits.

Their have recently been several notable court cases where the actions of the league disability committee charged with determining the eligibility for disability benefits have been severely criticized.  The center of criticism has been the plan's contention that they have unfettered discretion to overrule the determinations of treating physician's and neuropsychologist's that either a player indeed has a brain injury and/or that the brain damage took place while playing professional football. 

I have reviewed several cases where the league ignored the opinions of treating professionals and actually went out to find a professional to voice a contrary position which the league then accepted and denied the player his disability benefits.  This action which can only be characterized as mean spirited and contrary to due process has actually been condoned by the court's who claim they are powerless to rewrite the collective bargaining agreement between the players association and the league. 

It is my legal opinion that this agreement is contrary to equitable principles, due process and should be stricken by the courts as being unconscionable.

Now fearing Congress will act. the Washington Post reports that the disability plan is going to change how they look at the opinions of treating health care providers in some limited instances. 

If a player has been granted social security disability benefits, then that individual will automatically qualify for NFL disability benefits.  Under Social Security regulations, the opinions of treating health care providers are entitled to greater weight then the opinions of "hired guns" and due deference must be given to the opinion of the professional,  who presumably knows the injured applicant the best. 

I am hopeful that continued public pressure on the NFL players association and the National Football League will force these NFL disability plan to use the social security criteria in ALL disability cases, even before a decision is reached by the social security administration which could take years.

Why this plan thinks it is entitled to greater rights over injured individuals then even our government has in something that is truly troubling. 

You can read the full Washington Post story "Plan Eases NFL Disability Process" by clicking here.

Support the Brain Injury Association of New York State

Here's a simple way to support the Brain Injury Association of New York State.

GoodSearch, a yahoo-powered search engine will donate a penny per search to the charities its users designate.

Once you're in GoodSearch, just type in Brain Injury Association of NYS in the "who do you GoodSearch for?" section and press verify.  Each time you use GoodSearch, the Brain Injury Association of New York State will benefit!

NFL & Concussions--Where do we go from here?

Yesterday's NFL Concussion Summit did not produce any new results concerning the crisis of concussions in professional sports.  What it did do, however is spark renewed interest in the dangers of concussions and public awareness of issues surrounding mild traumatic brain injury. 

Mild traumatic brain injury is a true public health crisis and more attention needs to be focused on injury prevention, brain injury rehabilitation programs and supports for family members and  persons who have sustained this life altering injury.

The debate that took place yesterday in Chicago between those who refuse to accept the medical truth about concussions and mild traumatic brain injury and those whose only true interest is the health and safety of the players needs to move forward.  While more research certainly needs to be done, the large body of medical research that now exists certainly supports the need for firm rules requiring players who have sustained a concussion or a suspected concussion to sit out the rest of the game and not be allowed to return to play until both their cognitive difficulties and physical difficulties have cleared.  Anything less than that is certainly unacceptable.

The league needs to change it's disability plan and provide needed benefits for those players who have sustained mild traumatic brain injuries.

I look forward to participating in these discussions and working with those concerned about players and the bigger picture of the management of concussions in sports.

You can read more about the concussion conference and the debate by clicking here.

NFL Concussion Summit Today

Following heated criticism of the National Football League (NFL) and their policies of concussion management, a concussion conference is being held today in Chicago.  The league has mandated that all teams send their medical representatives including doctors and trainers to discuss the important issues pertaining to concussion management.

The league as already instituted some important changes including requirements of baseline off season testing neuropsychological testing of all players and protection for those players who blow the whistle on coaches who ignore the health and safety of their players. 

I am hopeful that this conference will produce some further needed changes including mandatory time periods that players must be side lined before being allowed to return to play, I suggest that at a minimum, a player NEVER be allowed to return to play in the same game in which they had a concussion or a suspected concussion.

Further, following several concussions, a player should be required to undergo PET Scan study and other cognitive testing.  If the results of this testing shows, brain damage, then they should face mandatory retirement. 

The league must set up educational programs to alert players and their families about the subtle and hidden signs of concussions and the life long consequences of this injury.  Further, I am hopeful that the league will use some of their enormous profits to educate high school and college athletes about the dangers of repeated concussions.  Brain Injury prevention programs is something that the league needs to take an active part in.

For a comprehensive story on this conference and the background of how the NFL has dealt with concussions, read today's USA Today article, Concussions command NFL's attention in which I am quoted.