Brain Injury Lawyer - New York

Brain Injury Awareness Day on Capital Hill: March 12, 2008

The Congressional Brain Injury Task Force is hosting a "2008 Brain Injury Awareness Day," on Capitol Hill, March 12, 2008.

Multiple events are planned during the day which are designed to educate Members of Congress and their staff about brain injury. These events include an Awareness Day Fair, which will feature exhibits and informational materials from individuals and organizations working in the field of brain injury.

The day will also include a Congressional Briefing focused on the topic of "Traumatic Brain Injury and Community Needs." The end of the day will feature an early-evening Congressional Reception sponsored by various national advocacy organizations, including the National Brain Injury Treatment and Training Foundation (NBIRTT), the Brain Injury Association of America (BIAA), the National Disability Rights Network (NDRN) and the National Association of State Head Injury Administrators (NASHIA).

The Brain Injury Association of America urges all advocates to attend "2008 Brain Injury Awareness Day" events, and help educate Members of Congress and their staff. The Day also represents an important opportunity to network with others interested in helping increase brain injury awareness.

2008 Brain Injury Awareness Day Schedule of Events:

Brain Injury Awareness Fair 10:00 a.m. – 2:00 p.m. First Floor Foyer of the Rayburn House Office Building

Congressional Briefing on “Traumatic Brain Injury and Community Needs” 3:00 p.m. – 4:00 p.m. 1116 Longworth House Office Building

Congressional Reception Celebrating Brain Injury Awareness Day 5:00 p.m. – 6:30 p.m. 2105 Rayburn House Office Building

Please RSVP by Monday, March 3, 2008, to Hope Mandel in Congressman Bill Pascrell's office if you wish to attend and/or exhibit materials during the Awareness Fair. You may also contact Hope at (202) 225-5751 or Becky Wolfkiel in Congressman Platts' office at (202) 225-5836 with questions or for more information. In addition, as always, you may contact Laura Schiebelhut, BIAA's Director of Government Affairs, or 703-761-0750 ext. 637, for further clarification.

University of Central Florida Announces New College Academic Brain Injury Rehabilitation Program

Then University of Central Florida (UCF) has announced that it is is launching a TBI Program to provide academic rehabilitation to college students suffering from a traumatic brain injury. According to UCF it is the first university in the country to offer such a program on campus, and its leaders believe it will become a national model.

The program also will give graduate students studying communication disorders the opportunity to learn key techniques and therapies to help people master the long-term mental challenges related to TBI. They will be able to take courses on TBI beginning in the summer and will learn by working side-by-side with their supervisors.

Depending on the severity of the injury students may experience difficulties remembering information, taking accurate and complete notes, demonstrating knowledge on exams and organizing their study time. The treatment teaches students strategies that allow them to think effectively using the brain systems that are still healthy.

The cost of treatment, which isn’t typically covered by insurance, runs about $70,000 for about 400 clinical hours. But in Florida, those who have been diagnosed with TBI can get treatment paid for by a special state fund for rehabilitation of brain and spinal cord injuries according to the University.

You can read the full news release regarding this program by clicking here.

Information on Substandard Nursing Homes

Centers for Medicare and Medicaid Services (CMS) Takes Step to Improve Quality in Nation’s Nursing Homes.

It is still a sad fact, that many individuals in need of long term care following a traumatic brain injury find that they must obtain these services within the confines of a nursing home rather than at home under a TBI waiver program. 

The care in many nursing homes is substandard, yet how does the public know about these substandard nursing homes?  The Centers for Medicare and Medicaid Services (CMS) has made public more names of under performing nursing homes across the country.

On November 29, 2007, the agency began publishing the names of Special Focus Facility (SFF) nursing homes that had failed to improve significantly after being given the opportunity to do so.

Once a facility is selected as an SFF, State survey agencies are responsible for conducting twice the number of standard surveys and will apply progressive enforcement until the nursing home either (a) significantly improves and is no longer identified as an SFF, (b) is granted additional time due to promising developments, or (c) is terminated from Medicare and/or Medicaid.

The complete list of substandard nursing homes is available by clicking here. This list will provide consumers with information needed to make a distinction between nursing homes that are improving and those that are not.

This updated and expanded list identifies facilities by the category they fall within, such as:
- New Additions: nursing homes added within approximately the past six months;
- Not Improved: nursing homes that have failed to improve significantly in at least one survey after being named as a SFF nursing home;
- Improving: nursing homes that have significantly improved on the most recent survey, including no findings of harm to any resident and no systemic potential for harm;
- Recently Graduated: nursing homes that have sustained significant improvement for about 12 months, indicating an upward trend in quality improvement compared to the nursing home’s prior history of care; and those
- No Longer in Medicare and Medicaid: nursing homes that were either terminated by CMS from participation in Medicare within the past few months, or voluntarily chose not to continue participation.

The SFF initiative was created by CMS in 1998 in response to the number of facilities that were consistently providing poor quality of care.  Those facilities were periodically instituting enough improvement so that they would pass one survey, only to fail the next (for many of the same problems as before).  Facilities with this compliance history rarely addressed underlying systemic problems that were giving rise to repeated cycles of serious deficiencies.

Serious deficiencies include such things as failing to give residents their medications in the correct dose at the correct time, taking steps to prevent abuse or neglect, inappropriate use of restraints and failure to prevent or properly treat bed sores.

There are currently about 131 active facilities identified as an SFF.  This number varies over time as nursing homes are graduating or leaving Medicare and Medicaid and new nursing homes are in the process of being added to the SFF list.

More on the SFF initiative can be found on the CMS Web site

At the law firm of De Caro & Kaplen, LLP, we can assist victims of nursing home abuse.  You can visit our site to obtain more information about legal services available following nursing home abuse.

A CDC Review of School Laws and Policies Concerning Child and Adolescent Health

Traumatic brain injury (TBI) has a significant impact on the ability of children to obtain a quality education. Unfortunately, not all children receive the education that they are entitled to because of the inability of parents to access services under Individuals with Disabilities Education Improvement Act (IDEA). In other instances schools lack specific policies related to educational issues surrounding a TBI.

Education and public health leaders can use specific laws and policies to promote programs and strategies that foster an environment in which children and adolescents can thrive and learn.

The Centers for Disease Control and Prevention’s (CDC) Division of Adolescent and School Health and Public Health Law Program engaged legal scholars and researchers at the Centers for Law and the Public’s Health: A Collaborative at Johns Hopkins and Georgetown Universities to review the use of law as a tool for improving and protecting the health and safety of children, adolescents, and staff in public elementary and secondary schools.

The culmination of the project is the report “A CDC Review of School Laws and Policies Concerning Child and Adolescent Health.” Using a Coordinated School Health Program model as a framework, the report gives educators and public health professionals new access to information on laws and policies important to the health of children and adolescents in schools. It is intended to help practitioners and policymakers in public health and education at the Federal, State, and local levels enhance their knowledge of relevant laws and policies. The full report was published in the February 2008 issue of the Journal of School Health and is available for download from the American School Health Association website by clicking here.

Domestic Violence and Traumatic Brain Injury

On Tuesday morning, February 26, 2008, I will be making a presentation on Domestic Violence as a Cause of Traumatic Brain Injury to the Nassau County Coalition Against Domestic Violence. 

I will be educating social workers, attorneys and other agency personnel on the signs and symptoms of traumatic brain injury, concussion and the post concussion syndrome and explain the mechanism of how these devastating injuries take place in the context of domestic violence.

Many victims of domestic violence fail to get proper treatment for their brain damage because their symptoms are not appreciated.  Unfortunately, many individuals still fail to understand that this injury can take place even without the head being struck or if a person never loses consciousness.  In many cases the full extent of the brain damage is not apparent for days, weeks or even months after the assault took place.

I am pleased to provide some very important educational information on traumatic brain injury, its causes and repercussions to this dedicated group of professionals. For further information contact the Educational Coordinator of the Nassau County Coalition Against Domestic Violence 

If I can provide a complementary presentation to your group on this or some other topic surrounding traumatic brain injury, please do not hesitate to contact me.

At De Caro & Kaplen, LLP, we concentrate our practice on representing persons with traumatic brain injury.  What set's us apart from most personal injury law firms is our commitment and compassion to protect the rights of brain injury victims.

New York State Traumatic Brain Injury Services Coordinating Council: Next Meeting

The next meeting of the New York State Traumatic Brain Injury Services Coordinating Council which I am honored to chair will take place in New York City on March 28, 2008 from 10:30 AM - 3:00 P.M. at the offices of the  New York State Department of Health, 90 Church Street, New York, NY  4th Floor Conference Room.

The Council is charged with recommending to the Department of Health, long range objectives, goals and priorities as well as providing advice on planning, coordination and development of needed services.

Since becoming Chair of the Council, it has been my goal to increase public participation in the work of the Council and provide meaningful recommendations and assistance to the Health Department.  At our last meeting, I formed new committees to look at various aspects of traumatic brain injury in New York State and formulate specific proposals that can be forwarded to the Commissioner of Health.  Since that meeting each of the committees has met and formulated an agenda which will be presented at this upcoming meeting.

The council will also hear reports from various state agencies on their TBI programs.

Additionally, at this meeting we will hear a presentation on Traumatic Brain Injury and Substance Abuse Issues and will discuss recommendations that can be made to improve services in this area.

It is important to note that due to security, anyone who wishes to attend MUST contact Dawn Crary to register.  If you are not registered in advance, then you will not be allowed access to the building.

Here is the tentative agenda for our March 28th meeting:

10:30am – 10:35am Welcome and Review and Approval of Minutes from the December 12, 2007 Council Meeting

10:35am – 11:00am TBI Waiver Program Update
                             Pat Greene-Gumson, NYS Department of Health, Office of Long Term Care

11:00am – 11:45am Presentation: Traumatic Brain Injury and Substance Abuse Issues
                              Ed Ross, International Center for the Disabled
                              Tamara Miller-Kammerer, OASAS, Blaisdell Addiction Treatment Center 
   
11:45am – 12:45pm Group Discussion re: Presentation

12:45pm – 1:15pm Lunch

1:15pm – 1:45pm State Agency Reports

1:45pm – 2:15pm Subcommittee Reports

2:15pm – 2:45pm Public Comment Session
   
2:45pm – 3:00pm Summary/Next Steps/Adjournment

Traumatic Brain Injury and Senior Citizens: New CDC Publications

As you may know, falls are the leading cause of traumatic brain injury (TBI) and people ages 75 and older have the highest rates of TBI-related hospitalizations and death.  The Centers for Disease Control and Prevention (CDC) wants to improve the ability of children and other caregivers of older adults to prevent TBI from occurring and to recognize and respond appropriately should their loved one sustain a TBI.

Therefore, CDC has developed the "Help Seniors Live Better, Longer: Prevent Brain Injury" initiative, an exciting new communication campaign designed to raise awareness about ways to prevent, recognize, and respond to fall- related TBI in older adults.  CDC plans to launch the initiative in March
2008 during Brain Injury Awareness Month.  To support local activities surrounding the “Help Seniors Live Better Longer: Prevent Brain Injury” initiative, CDC has developed the “Event Planning” and “Media Access” guides, which are available online .

These guides are designed to assist with planning and hosting successful community events and working effectively with the media to raise awareness about this serious public health issue.  The 36-page “Event Planning Guide” includes suggestions and tools for planning and organizing a community event, for enlisting partners, and for promoting and evaluating an event.

The 64-page “Media Access Guide” includes tips and tools, such as talking points and templates for press releases and media advisories, to help you work with your local media to get valuable news coverage for the activities you plan in support of this national effort.

At De Caro & Kaplen, LLP, we concentrate our practice on representing persons with traumatic brain injury.  What set's us apart from most personal injury law firms is our commitment and compassion to protect the rights of brain injury victims.

Keeping Your Brain Fit

This week's issue of US News and World Report is devoted to Keeping Your Brain Fit.

Thanks to Tic Tock Brain Blog for their post on this.

Legislative Update From Brain Injury Association of America

The Brain Injury Association of America has requested that I publish the following legislative update on traumatic brain injury issues pending in Congress:

Dear Advocates:

Congress held numerous budget and appropriations hearings this week, as well as several hearings addressing health care provided to wounded service members and veterans.

The House Appropriations Subcommittee on Labor, Health and Human Services, and Education (Labor-HHS-Ed) held a hearing on Thursday on this year’s proposed budget for the Department of Health and Human Services, featuring HHS Secretary Michael Leavitt as a witness.  At the same time, BIAA signed on this week to a coalition letter to the Subcommittee urging its Members to provide $30 million for TBI Act programs this year.

Also this week, both chambers of Congress held important hearings on efforts to improve health care for returning service members, as well as to improve the veterans’ disability benefits system.  BIAA submitted questions and comments in relation to several of the hearings.

A significant victory in Medicaid policy was achieved late this week as well, as a Senate Amendment to prevent implementation of the Administration’s proposed regulation restricting reimbursement for Medicaid Targeted Case Management (TCM) was successfully added to an Indian health bill.  The Amendment would establish a Moratorium on implementation of the TCM interim rule until April 1, 2009.

Congress is in recess next week so further updates will be provided when Congress returns.

In the interim, please write to President Bush and your congressional representatives to restore full Traumatic Brain Injury Act funding in next year's budget.

Senators Clinton and Mikulski Protest Zero Funding for Traumatic Brain Injury Programs

Earlier this week I reported on the failure on the part of president Bush to seek funding for the federal Traumatic Brain Injury Program in his latest budget submitted to Congress. What follows is the correspondence sent by Senators Clinton and Mikulski to president Bush in protest.

February 12, 2008

The Honorable George W. Bush
The White House
Washington, D.C. 20500

Dear Mr. President:

During this time of war, we were deeply troubled to learn of your plan to eliminate the Traumatic Brain Injury (TBI) program administered by the Health Resources and Services Administration. As co-sponsors of legislation to improve the assessment, detection and treatment of TBI, as well as to expand support systems for members and former members of the Armed Services with TBI and their families, we are deeply concerned by the potential elimination of this program for all individuals affected by TBI. The TBI Program serves as a critical component of our efforts to address TBI across the country, and is an essential complement to our services for the significant number of servicemen and women returning from combat with TBI. We urge you to work with us, and other concerned members of Congress, to ensure full funding for the TBI Program in the HHS budget for Fiscal Year 2009.

Current estimates state that at least 5.3 million Americans have a long-term or lifelong need for help to perform activities of daily living as a result of TBI, with 1.4 million Americans sustaining a traumatic brain injury each year. An extremely complex injury, TBI encompasses a broad range of symptoms and disabilities, creating severe strain on the individual and his or her family. Depending on the part of the brain affected and the extent of the damage, individuals with brain injuries vary greatly in their level of need, requiring access to a broad array of services.

Recognizing the large number of individuals and families struggling to access appropriate and community-based services for TBI, Congress authorized the Federal TBI Program in the TBI Act of 1996. The program assists states in operating coordinated services for individuals with TBI and their families, encouraging the replication of best practices, and improving state service delivery systems. Two-year planning grants allow states to build infrastructure, three-year implementation grants permit states to improve access to services, and additional implementation partnership grants allow increased flexibility to meet state needs to address TBI. Currently, 47 states receive TBI grants.

In addition to the acute medical needs of individuals suffering from TBI, families also have to address the social and emotional issues that come with diminished mental capacity. The nature of the disease has also changed over time; the needs of returning soldiers suffering from TBI present new strains on state service delivery systems. Now more than ever, we must provide states with the funding and support to provide effective, person-centered services to support individuals and their families. To cut funding now will jeopardize the ability of our health care system to address the needs of all Americans impacted by TBI. We urge you to reconsider this shortsighted decision, and join us in our efforts to restore full funding to the TBI program.

Sincerely,

Hillary Rodham Clinton

Barbara Mikulski

I urge all my readers to lend their voice to the calls to restore funding to the TBI programs.  Please write and call the White House and your congressional representatives as soon as possible.

Has the Senate Forgot About The Way The NFL Handles Traumatic Brain Injury Claims?

The Senate Judiciary Committee in addition to examining the destruction of tapes by the NFL, needs to look at how the NFL and their disability fund handles claims of traumatic brain injury.

I am hopeful that the Senate committee and Senator Specter who has been getting a good deal of attention on his questioning of Commissioner Goodell on the missing tapes, spend as much time on looking at the issues of why brain injured players are not receiving the compensation they so justly deserve.  Senator Spector is quoted as saying, "We have the right to have honest football games."  We also have the right to have an honest assessment of a player's disability.

The committee needs to address the deference under ERISA laws that courts give to the paid experts for hire retained by the league to defeat the claims of players.  Despite overwhelming evidence of permanent traumatic brain injury, the league is permitted to seek paid experts to offer opinions that are flawed and based upon antiquated science.  Yet, because of the way ERISA is written, the league is given "unfettered discretion" to rely upon any expert of their choice.

This law and its interpretation defies principles of due process and needs to be changed to protect players and all injured workers.

APA to Address Congress on Post Traumatic Stress Disorder Following Brain Injury

A study published in the Jan. 30, 2008 New England Journal of Medicine found that mild head injuries sustained by soldiers in Iraq are the cause of a variety of neurological deficits and are a major factor in stress-related disorders.

As the number and duration of military deployments increase, so do the behavioral health needs of service members and their families. To better meet the demand for deployment-related mental health care for service members and their families, the Center for Deployment Psychology (CDP), a Department of Defense training consortium, has been established. The CDP, spearheaded by the American Psychological Association, is a tri-service center funded by Congress to train military and civilian psychologists, psychiatrists, social workers and other behavioral health professionals to provide high quality deployment-related behavioral health services to military personnel and their families.

On Wednesday, Feb. 13, 1:30 p.m. - 3:00 p.m. in Room HC-8 of the U.S. Capital, a panel of military and mental health experts sponsored by the American Psychological Association will address the impact of trauma facing the returning soldier and its effect on family members. The experts will also discuss the need for training military and civilian psychologists and other health professionals on the latest treatment approaches to help wounded soldiers deal with post-traumatic stress disorder, traumatic brain injury or issues in readjusting to civilian life following deployment to Iraq or Afghanistan.

Criticism of Proposed New Rules on Classifying Brain Damage

Formal comments criticizing regulations proposed by the Department of Veterans Affairs governing compensation of veterans with traumatic brain injury has been submitted by U.S. Sen. Daniel K. Akaka (D-HI), Chairman of the Veterans' Affairs Committee who was joined by Senators Rockfeller, Murray, Obama, Tester, Brown, and Sanders.

"The new rules must provide for a fair evaluation of the veteran's disabilities. Unfortunately, the proposed regulations do not," said Sen. Akaka.

Under current regulations, compensation for symptoms attributable to TBI, such as headaches, dizziness, or insomnia is limited to "10 percent and no more." While VA recognizes that this requirement is outdated, it remains in effect pending the release of new rules. Chairman Akaka and majority members asked that this outdated rule be withdrawn immediately.

Akaka also objected to a section of the proposed rule which would not consider the severity or frequency of TBI symptoms, only count the number of symptoms.

The proposed brain injury regulations and the formal comment letter sent by Chairman Akaka and majority members can be found  by clicking here .

Coma: The Toll on Families

This Sunday's New York Times has an article,  Holding on to Hope which captures the toll that severe brain injury including coma and the persistent vegetative state has on parents and other loved ones.

The article describes the difficulties faced by three families of army veterans attempting to get the best care for the severe brain damage sustained by their son's who were injured in the Iraq and Afghanistan conflict. 

The battles with the VA to obtain placement in a private brain injury rehabilitation facility with a national reputation as well as the day to day struggles that these families face are highlighted in the story.

I have spoken many times on the need to address the second patient in brain damage, that being the family.  Mothers, fathers, spouses and children are in many ways equally in need of assistance following a brain injury.  Yet, their needs are often not addressed by the medical community.  It is important to remember that these family members often need counseling and other assistance to enable them to continue with the journey following a traumatic brain injury.

An Apple A Day May Prevent Dementia

An article in the Journal of Food Science reports that apples, bananas, and oranges  protect against neurodegenerative diseases, including Alzheimer’s Disease.

Researchers at Cornell University investigated the effects of apple, banana, and orange extracts on neuron cells and found that the phenolic phytochemicals of the fruits prevented neurotoxicity on the cells.

Among the three fruits, apples contained the highest content of protective antioxidants, followed by bananas then oranges.

You can read more about this by clicking here.

International Brain Injury Association World Congress Final Program Announced

The International Brain Injury Association (IBIA)  Seventh World Congress on Brain Injury will take place this year in Lisbon, Portugal.  It is the largest gathering of international professionals working in the field of brain injury. Delegates are comprised of physicians, psychologists and neuropsychologists, therapists, social workers, nurses, case managers, legal professionals, advocates and all others working in the field of brain injury. The Seventh World Congress will feature internationally recognized invited speakers, platform lectures, workshops, short oral presentations and poster sessions.

The Congress will also include a special one day pre-Congress symposium, co-sponsored with the World Federation of Neurological Rehabilitation (WFNR) on "Advances and Controversies in Mild Traumatic Brain Injury" which will be held April 8, 2008.

To register for the Congress or to view the Scientific Program, click here.

Carbon Monoxide Poisoning

Carbon Monoxide poisoning is a frequent cause of brain damage. 

Here is some interesting information on Carbon Monoxide poisoning put out by Fox News:

Carbon Monoxide is a colorless, odorless, tasteless, toxic gas that has the molecular formula CO.

Carbon Monoxide is produced by the incomplete combustion of the fossil fuels - gas, oil, coal and wood used in boilers, engines, oil burners, gas fires, water heaters, solid fuel appliances and open fires.

Dangerous amounts of CO can accumulate when, as a result of poor installation, poor maintenance or failure or damage to an appliance in service, the fuel is not burned properly, or when rooms are poorly ventilated and the Carbon Monoxide is unable to escape.

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Symptoms of Carbon Monoxide Poisoning:

At moderate levels, you or your family can get severe headaches, become dizzy, mentally confused, nauseated, or faint. You can even die if these levels persist for a long time.
Low levels can cause shortness of breath, mild nausea, and mild headaches, and may have longer term effects on your health.
Since many of these symptoms are similar to those of the flu, food poisoning, or other illnesses, you may not think that CO poisoning could be the cause.

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Having no smell, taste or colour, in today's world of improved insulation and double glazing, it has become increasingly important to have good ventilation, maintain all appliances regularly and to have absolutely reliable detector alarms installed giving both a visual and audible warning immediately there is a build-up of CO to dangerous levels.

Again, Carbon Monoxide has no smell, taste, or color and it is for these reasons that CO Detectors are the only way to alert you to increasingly dangerous levels of CO before tragedy strikes.

Carbon Monoxide poisons by entering the lungs via the normal breathing mechanism and displacing oxygen from the bloodstream. Interruption of the normal supply of oxygen puts at risk the functions of the heart, brain and other vital functions of the body.

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Tips to Prevent Carbon Monoxide Poisoning:

Have all of your fuel-burning appliances checked by a professional inspector every year.
Don't idle your car in a garage.
Follow all instructions that accompany fuel-burning appliances and tools.
Don't use gas-powered appliances or tools in enclosed spaces.
Don't ignore sudden symptoms

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Brain Injury Association of America Condemns President's Budget Requests

The Brain Injury Association of America has requested that I circulate the following press release concerning the proposed elimination of the Federal Traumatic Brain Injury (TBI) Program in President Bush's budget submission to Congress:

Brain Injury Association of America Condemns President’s Fiscal 2009 Budget

(Washington, D.C.) – For the third year in a row, The White House has proposed the complete elimination of the Health Resources and Services Administration (HRSA) Federal TBI Program, which provides grants to state agencies and protection and advocacy organizations to improve access to health and other services for individuals with traumatic brain injury (TBI) and their families. 

Increasingly, national policymakers and the American public are coming to understand the dramatic implications of TBI on active duty service members, veterans and civilians alike.  In his State of the Union speech last week, President Bush pledged his dedication to meeting the health care needs “of a new war and a new generation.”

“As more service members and veterans join the 1.4 million civilian children and adults who sustain TBIs in the U.S. each year, the lack of priority given to TBI in the President’s budget is deeply disappointing,” said Susan Connors, president and CEO of the Brain Injury Association of America (BIAA), adding, “President Bush just doesn’t get it.”

“My family’s experience demonstrates the interdependence of military and civilian systems of care,” said Dave Woodruff, a member of the BIAA Board of Directors whose brother, ABC anchor Bob Woodruff suffered a severe TBI while covering the war in Iraq.  The Federal TBI Program supports coordination among state government agencies and public and private organizations to improve TBI care from trauma to community re-integration.  Most military and civilian patients end up living in the community where a complex maze of service systems, if it exists, must be coordinated.

BIAA will work vigorously to restore funding for HRSA's TBI Program, joining with coalition partners at the national level and calling on the highly effective Congressional Brain Injury Task Force to educate their colleagues in Congress and The White House on the need for and value of the Federal TBI Program.

Can A Monitor Prevent Brain Damage During Surgery?

An interesting article appeared in USA Today concerning a monitor that can determine oxygen saturation in the brain during surgery. 

Although this monitor has been in existence for over ten years, it still faces resistance from some doctors who still question it usefulness.

In the past I have represented individuals who have sustained anoxic brain damage during surgery as a result of poor anesthesia techniques and poor monitoring of a patient's blood pressure.  Any device that will warn physicians when the brain is not receiving sufficient quantities of oxygen is a welcome addition to efforts to improve patient safety.

The device discussed in the article will detect subtle changes in the amount of oxygen reaching the brain and cause increases in blood pressure and blood flow to the brain so that sufficient oxygen reaches it.  The brain is extremely sensitive to oxygen deprivation.  After only a few minutes without sufficient supplies of oxygen, brain damage will start to occur.

You can read the full story by clicking here.

FDA Warning: Epilepsy Drugs May Increase Risk of Suicide

Epilepsy drugs may increase the risk of suicidal thoughts or behavior, the Food and Drug Administration warned in an alert to doctors.

Very rarely were suicidal thoughts or behavior reported. Still, the FDA found drug-treated patients did face about twice the risk: 0.43% of drug-treated patients experienced suicidal thoughts or behavior, compared with 0.22% of placebo-takers.

The FDA began investigating if epilepsy drugs pose any suicide risk in 2005. It analyzed data from 11 well-known anti-seizure drugs including Pfizer Inc.'s Neurontin, Novartis AG's Tegretol and Abbott Laboratories' Depakote — but the FDA said it expected the risk applied to every epilepsy drug. The FDA said it would work with manufacturers to add the warning to product labels.

Skipping epilepsy medication can result in seizures. An FDA spokeswoman said only that patients should ask a doctor before making medication changes.

But the agency's letter to doctors advised them to:

•Balance the risk with the patients' need for the drug.

•Tell patients and their families about the risk so they can be aware of changes in mood.

•Make sure patients and families know to contact a doctor if someone experiences common suicide warning signs, such as talking or thinking about hurting yourself, becoming preoccupied with death, withdrawal, becoming depressed or worsening depression, and giving away prized possessions.