Brain Injury Lawyer - New York

Side Effects of Epilepsy Drugs Lecture

The NYU Comprehensive Epilepsy Center continues its 2008 Evening Epilepsy Series with a lecture entitled "Side Effects of Anti Epileptic Drugs" on Monday April 28, 2008 at the NYU Medical Center, 550 First Avenue, New York, N.Y. Smilor 1st floor seminar room. 

If you have any questions, you can E mail their FACES program.  You can register for this epilepsy program by clicking here.

For more information about the connection between epilepsy and traumatic brain injury, visit the brain injury legal guide web site.

Access to Mental Hygenie Records in New York State

For those attempting to obtain mental health records, The Commission on Quality Care and Advocacy for Persons with Disabilities has published a new pamphlet "Access to Mental Hygiene Records in New York State: A Guide for Individuals Receiving Services and Other Qualified Persons." 

The pamphlet offers guidance for individuals receiving services, their families and other persons legally authorized to obtain records, in a question and answer format, together with references to applicable provisions of the Mental Hygiene Law.  This pamphlet can be accessed at the commission's web site.

Brain Injury Association of New York State Annual Conference: Save The Date

The Brain Injury Association of New York State (BIANYS) has announced that their 26th annual conference will be held on June 5 and June 6, 2008 at the Albany Marriott Hotel, Albany, New York.

Last year's conference hosted over 400 individuals, family members and professional who came together to explore the important issues following traumatic brain injury.  This is the only statewide New York conference of its kind. More information can be obtain on the Brain Injury Association of New York State web site. (BIANYS)

National Brain Injury Caregiver Conference Announced

A national brain injury caregiver conference has been announced by the Brain Injury Association of America to be held on June 6-8, 2008 at the Westin Dallas Forth Worth Airport Hotel in Dallas, Texas.

The conference is intended to focus on the needs of the caregiver of a person with a brain injury.  Lee Woodruff and over 25 experts on all aspects of brain injury and caregiving are scheduled to attend this conference.

Some of the topics include:

• Get the right educational services
• Prepare for life transitions due to aging
• Navigate military and VA benefits systems
• Plan for housing and long-term services
• Stay informed about what's new in brain injury research
• Successfully manage stress and depression
• Take advantage of insurance and government benefits

You can get further information on this conference by clicking on this link:

Brain Injury Caregiver's Conference.

Request for assistance:

Your organization also has the oppurtunity to assist caregivers by providing scholarships to attendees of the conference by contributing to the 2008 National Brain Injury Caregivers' Conference Scholarship Fund.

Your contribution of $700.00 supports registration, lodging and/or transportation assistance for one caregiver, and you will be recognized as a scholarship sponsor at the conference and in pre-and post-meeting promotional activities.  The Brain Injury Association of America welcomes donations of any amount to assist with the 2008 National Brain Injury Caregiver's Conference Scholarship Fund.

For more information please contact Jenny Toth at (703)761-0750 ext 621.

Tinnitus Following A Brain Injury

Tinnitus, is the perception of sound in the ears or head where no external source is present. Some call it "ringing in the ears" or "head noise."

It is a frequent complaint following a traumatic brain injury and is difficult to documents. In almost all cases, tinnitus is a subjective noise, meaning that only the person who has tinnitus can hear it. People describe hearing different sounds: ringing, crickets, whooshing, pulsing, ocean waves, buzzing, dial tones, even music. 

The America Tinnitus Association has a very informative CD titled Sounds of Tinnitus. It features actor Peter Graves – ATA member & honorary board member – and audiologist Donna Wayner, Ph.D. Track One includes a conversation that answers many questions about tinnitus. Track Two presents tinnitus-like sounds to help you demonstrate your condition to others. To purchase the CD, go here.

Support For Students Suffering from Traumatic Brain Injury

The Brain Injury Association of New York State (BIANYS) has created a program known as PROJECT LEARN (Living Education And Resource Network) which provides a great resource to students, teachers and family members to assist them in addressing the issues faced following a traumatic brain injury.

Among the goals of Project LEARN ARE TO:

• Create and sustain competency for families and school staff in addressing challenges of children with brain injuries.
• Establish an interactive, user-friendly web based information and resource program (LEARNet).
• Provide access to the expertise of the Brain Injury Association FACTS coordinators as well as an extended support network of professionals, families educators as well as other resources.

Visit the Project LEARN web site for further information.

The New York Brain Injury Association is also sponsoring a one day training symposium "Building Capacity: Supporting Children With Brain Injury and Their Families which is scheduled to be held on Friday, April 25, 2008 from 8:00 AM - 4:00 PM at the NYS United Teachers offices at 800 Troy-Schenectady Road, Latham, New York.  More information on this program which will explore the a variety of issues pertaining to traumatic brain damage in children and the challenges of returning to school can be found on the brain injury association web site.

Brain Injury Rehab Center To Offer Free Care to Returning Vets

Earlier this week, Shepherd Center, an Atlanta Georgia  brain injury and spinal cord rehabilitation hospital announced that they will provide free care to wounded military veterans who need brain or spinal cord injury services that aren't covered by the government.

The program is intended to provide a range of services including  testing, psychological evaluation, brain scans, long term care and rehabilitation.  It is being funded by Bernie Marcus, the co-founder of Home Depot Inc.

Shepherd Center and Mr. Marcus should be congratulated for their efforts.  But, the question remains, why isn't our government providing needed funding for these programs?  Why is the VA still refusing to provide care in non military facilities? 

Read the full Shepherd press release: Atlanta Rehab Hospital to Provide Free Care to Some Vets With Brain, Spinal Cord Injuries

Department of Defense Inexecusably Delays Brain Injury Screening of Reutrning Troops

An inexcusable policy of delaying screening of returning troops for mild traumatic brain injury because of fears concerning the number of soldiers who potentially had post concussion symptoms was revealed today in a story in USA Today.  The Pentagon wanted to avoid acknowledgment of the post concussion syndrome and its association with blast injuries.

It's shocking that the stated Pentagon reason for their failure to screen returning service members was an unsubstantiated fear that the returning soldiers would attempt to feign symptoms of brain injury because of articles they may have read in the news media or on the Internet.   However, in a January 2006 report, scientists at the federal Defense and Veteran Brain Injury Center urged that troops be screened for TBI "immediately."

Of course, if you blame the victim, excuse them of making up their symptoms and deny the existence of a casual relationship between head injury and mild traumatic brain injury, you are going to save a lot of money.  Sounds like the mentality of the insurance industry, doesn't it?

Here's how it goes:  The individual never sustained a head injury, if they did, they didn't sustain any brain damage, if they did, it was only temporary, if they still have complaints, they are exaggerating, if they are not exaggerating then then don't have a brain injury, they have post traumatic stress disorder. 

It is a disgusting attempt to deny benefits to those suffering from a traumatic brain injury.

According to the USA Today article, an Army mental health report last month indicated that 11% of 2,195 soldiers surveyed in Iraq and Afghanistan show signs of mild brain injury, but fewer than half were identified and evaluated in the field.

The full article can be obtained by clicking here: DOD Delayed Brain Injury Scans

Brain Injury Association of America: Important Request

I received the following important request today from the Brain Injury Association of America:

Recently, the National Institute on Disability and Rehabilitation Research (NIDRR) appears to be deemphasizing medical rehab research, including valuable research related to TBI.  BIAA is working as part of a coalition of advocacy groups to send NIDRR a message that resources for medical rehabilitation research (referred to by NIDRR as "health and function" research) needs to be increased, not decreased.  We need your help!

In the past six months, NIDRR has eliminated funding for four Rehabilitation Research and Training Centers (RTCs) focused on medical rehabilitation research, including centers focused on neuromuscular research, arthritis, TBI community reintegration, and spinal cord injury. Four additional medical rehab RTCs (stroke, MS, aging with a disability, and psychiatric aspects of disability) have been delayed and NIDRR intends to announce these grants with a greater focus on employment and vocational rehab.

As an advocate for increased TBI services and research, you are encouraged to join NIDRR's national meeting/conference call on NIDRR's long range plan scheduled for Wednesday, March 19th, from 1:00 to 5:00 p.m. and express your views. The toll-free conference call number is (800) 762-6085. An operator will ask if you would like to submit input or just listen to the event. The operator will track the order of the people who want to provide input.

(Note: There are other ways to submit comments as well by the end of March if you cannot make the call.  Please contact Laura Schiebelhut, BIAA's Director of Government Affairs, if you have questions.)

We suggest making some or all of the following points:

1. NIDRR has served as the nation’s lead federal agency on rehabilitation and disability research  - including valuable research on TBI - and as such has maintained a broad portfolio of research as reflected in its current Long-Range Plan. This research portfolio includes three broad domains designed to enhance the quality of life of persons with disabilities in the areas of employment, community living, and health and function, including medical rehabilitation research.

2. This approach is to be commended as it recognizes the critical interplay between medical rehabilitation research, health and functioning, and the ability to return to school or work where appropriate.

3. A shift in focus at NIDRR away from health and function research is unwise and seriously erodes our nation's ability to solve the important questions that confront people with disabilities in seeking to return to functional and fulfilling lives after the onset of a disabling condition.

4. NIDRR should continue and re-emphasize the importance in its funding priorities of health and function research, including medical rehab research.

Brain Fitness Software

Over at SharpBrains, they report about the State of the Brain Fitness Software Market.

I never paid much attention to brain fitness software but the conclusions of this report are quite fascinating.  The size of this market surely will cause more companies to become involved.  While there is a potential that some of these products may indeed improve cognitive fitness and have a place in brain injury rehabilitation, I am fearful that many of these products will never live up to their potential and will just be a ripoff for those who can least afford it.

Highlights from The State of the Brain Fitness Software Market 2008 report include:

1) 2007 was a seminal year for the US Brain Fitness software market, which reached $225 million in revenues – up from an estimated $100 million in 2005.

2) Over 20 companies are offering tools to assess and train cognitive skills to four customer segments: consumers; healthcare and insurance providers; K12 school systems; and Fortune 1000 companies, the military, and sports teams.

3) The Nintendo Brain Age phenomenon has driven much of the growth. The consumer segment grew from a few million in 2005 to an estimated $80 million in 2007.

4) There is major confusion in the market, so education will be key. Users and buyers need help to navigate the maze of products and claims.

5) Over 400 residential facilities for older adults have launched computerized “brain fitness centers.” Sales to the healthcare and insurance provider segment grew from $35 million in 2005 to an estimated $65 million in 2007.

6) More than five programs have shown results in randomized controlled trials. Cognitive functions that can be trained include: visual and auditory processing, working memory, attention, and decision-making.

7) A product has obtained 510(k) FDA clearance for rehabilitation of stroke and Traumatic Brain Injury patients. Another product is being used by a growing network of ADHD specialists.

8) Large-scale, fully-automated cognitive assessments are being used in a growing number of clinical trials. This opens the way for the development of inexpensive consumer-facing, baseline cognitive assessments.

9) The potential for K12 Education remains largely untapped due to limited research linking cognitive training to academic performance.

10) Companies, sports teams and the military are finding opportunities to improve productivity. The aging workforce will make this a must.

Brain Injury Legislative Update

Good news from the Brain Injury Association of America regarding the Traumatic Brain Injury Act:

The full House Energy and Commerce Committee passed H.R. 1418, legislation to reauthorize the Traumatic Brain Injury Act. 

Earlier this week, the Energy and Commerce Committee's Subcommittee on Health approved the Traumatic Brain Injury Act of 2008 and forwarded it on for consideration by the full Committee.  Now that the full Committee has passed the bill, the legislation is expected to be brought up on suspension for consideration on the House floor when Congress reconvenes after a two-week recess, which will begin on Monday.

The Brain Injury Association of America (BIAA) wishes to thank Rep. Pascrell, Rep. Platts, as well as Rep. Pallone and Chairman Dingell, for swiftly moving this bill forward.  In addition, BIAA enthusiastically thanks all of its grassroots advocates for both longstanding and recent efforts to support timely reauthorization of the TBI Act! This is a very positive development towards the goal of getting the TBI Act reauthorized before the end of this year, and a very exciting development for Brain Injury Awareness Month!

Brain Damage Leads to Brain Tissue Loss

In a study of mild to severe traumatic brain damage, reported in the March 4 issue of Neurology, brain tissue loss was found in all degrees of brain injury. (NEUROLOGY 2008;70:771-778)

The analysis, using high-resolution MRI, found a loss of brain volume encompassing both frontal and posterior brain regions.

Notably, even patients with a mild injury had changes that could be reliably distinguished from the noninjured controls. The most reliable effects were in the frontal, temporal, and cingulated regions, although there were effects to varying degrees in nearly every brain region.

The patterns of diffuse tissue loss even in the absence of focal injury helped explain the well-known substantial handicap that patients have in the wake with a traumatic brain injury, particularly with concentration, working memory, organizing, planning, and mood changes, the researchers said.

The patients, spanning the full range of severity, received high-resolution structural MRI a minimum of one year after the injury. The loss of brain volume was substantiated even in the absense of other radiological evidence of brain injury.

You can order the full study from the Neurology journal by clicking here.

Brain Injury Association of America Legislative Update

Laura Schiebelhut, Brain Injury Association of America, Public Affairs Manager has requested that I circulate the following legislative update

Dear Advocates:

This week was an eventful one on Capitol Hill, including a long-awaited breakthrough on legislation to reauthorize the TBI Act.

On Wednesday, March 5, the House Committee on Energy and Commerce Health Subcommittee announced its plans to markup the Reauthorization of the Traumatic Brain Injury Act (H.R. 1418) the following day, on Thursday, March 6.  Although the markup session was ultimately stalled (see below for more information), this development still marks very positive progress towards the goal of getting the TBI Act reauthorized before the end of this year, a leading BIAA policy priority. 

Also this week, the House of Representatives passed H.R. 1424, mental health parity legislation sponsored by Rep. Patrick Kennedy (D-RI) which would require health insurers to offer mental health benefits equal in cost and scope to medical and surgical benefits.  BIAA issued an enthusiastic letter of endorsement for the bill shortly before it was considered on the House floor. 
Looking ahead to next week, the fiscal 2009 budget resolutions are expected to be the focal point of legislative activity in both the House and Senate, as both chambers will consider their respective budget plans before adjourning for the two-week spring recess which begins on March 17.  Of course, next week will also include multiple TBI advocacy and awareness activities on Wednesday, March 12, as part of Brain Injury Awareness Day on Capitol Hill.

I will be on Capital Hill on March 12th in connection with Brain Injury Awareness Day and hope to see many of my friends and colleagues.

Living With Brain Injury Conference

I look forward to seeing many of you tomorrow at  the “Living with Brain Injury” conference scheduled from 9:00 AM to 3:00 PM at the Rust Auditorium in North Shore University Hospital in Manhasset.  The conference is sponsored by Transitions of Long Island. Net proceeds from the conference will benefit the Brain Injury Association of New York State.

The symposium will encompass such topics as new technologies in the treatment of brain injury, strategies to maintain wellness, legal issues, and advocacy. Alon Mogilner, MD, will be the keynote speaker. He will present on deep brain stimulation for TBI. Other speakers will discuss Medicaid planning issues, the traumatic brain injury Medicaid waiver, vocational issues, guardianship issues and issues special to men and women following brain damage.

You can view the full program by clicking here.

Depression Following Traumatic Brain Injury

If you live in the New York City metropolitan area, have had a traumatic brain injury and are experiencing depression, or if you know people who fit that description:

The Research and Training Center for Traumatic Brain Injury (TBI) Interventions at Mount Sinai School of Medicine is seeking people who have had a TBI and are experiencing depression. The research study will evaluate the effectiveness of two different psychotherapy treatments in helping individuals who are depressed after brain injury. To participate in this study, you must be suffering from depression and be willing to participate in one of the psychotherapies for 4 months. If interested, please call Mt Sinai’s Rehabilitation Research and Training Center at 212-241-5152. If you live outside of the five New York City boroughs, you may call toll free at 888-241-5152. 

What set's us apart from most personal injury law firms is our commitment and passion to protect the rights of brain injury victims.-- De Caro & Kaplen, LLP Provides Compassionate Legal Representation to the Victims of Negligence and Their Families.  Visit us at brainlaw.  Review our legal guide to traumatic brain injury.

Urge the Senate to Pass a Tough Consumer Law

Right now, the Senate is considering a bill, the Consumer Product Safety Reform Act of 2007 (S. 2663), that would give the Consumer Product Safety Commission much-needed muscle. Please urge your senators to vote for the bill and any strengthening amendments  and to oppose industry's proposals to weaken the bill. For more on consumer product safety, visit the Public Citizen web site. An editorial supporting this legislation was published in today's New York Times.

News Alert from Brain Injury Association of America

The Brain Injury Association of America has just received word that the House Energy and Commerce Subcommittee on Health plans to markup the Reauthorization of the Traumatic Brain Injury Act (H.R. 1418) this Thursday, March 6, 2008, at 10 a.m. in Room 2123 of the Rayburn House Office Building.

This is a very positive development towards the goal of getting the TBI Act reauthorized before the end of this year, and a very exciting development for Brain Injury Awareness Month!

Potential Help for Tinnitus Following Traumatic Brain Injury

One of the most frequent complaints following both mild and severe traumatic brain injuries is tinnitus, a perception of sound such as ringing in the ears or other sensations such as high pitch beeps or buzzing when non exists.

Unfortunately, to date there has been no cure for this very troubling condition.

Today's Wall Street Journal contains an interesting article on a new product that trains the brain to filter out this annoying sound.  The article also has some important information about tinnitus.  While a make no recommendation about the device the article discusses, I do recommend that you read the story, Training Your Brain To Ignore Tinnitus.

Long Island Head Injury Association to Host Day Long Program

I am pleased to have been invited to participate in the day long program sponsored by the Long Island Head Injury Association in conjunction with Brain Injury Awareness Month.

The program to be held on March 13th from 9 AM to 4 PM at the Smithtown Sheraton, 110 Vanderbilt Parkway, Smithtown, New York will feature discussions on "Ethics and Healthcare"; "Traumatic Brain Injury Rehabilitation"; "TBI and Advocacy" and Long term Issues Confronting Families and Individuals following a Traumatic Brain Injury. 

I am conducting a workshop on the New York State Traumatic Brain Injury Services Council which I chair.  The council was created by the New York legislature to advise the Health Department and provide recommendations and proposals on new programs and ways to assist persons with brain injury and their families.  I look forward to meeting you at this meeting and listening to your suggestions.

Brain Injury Legal Information Guide

I am pleased to announce the launching of my new web site, Brain Injury Legal Guide which can be viewed by clicking here .

The site is designed to be a resource of those who have questions about brain injury and the legal system. 

It includes information on how to select a brain injury attorney: Selecting a brain injury lawyer

What every lawyer needs to know about traumatic brain injury:  Lawyer facts about brain injury

The common signs and symptoms of concussion and brain injury:  Signs and symptoms of brain injury

A guide in preparing for a visit to your doctor following a brain injury: Brain Injury and Doctors

Common questions on brain injury and epilepsy: Brain injury can cause epilepsy and seizures

Settlement options in a brain injury law suit:  Brain injury legal settlements

Supplemental Needs Trust Information: Special Needs Trust Guide

The guide is compiled from information available in my free publication, Brain Injury Legal Guide which I would be pleased to mail to you if you e mail me.

What set's us apart from most personal injury law firms is our commitment and passion to protect the rights of brain injury victims.-- De Caro & Kaplen, LLP Provides Compassionate Legal Representation to the Victims of Negligence and Their Families