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New York Attorney, Michael Kaplen Elected to Board of Directors of Prestigious New York State Academy of Trial Lawyers

I am pleased to report that I have been elected to serve as a member of the Board of Directors of the prestigious New York Academy of Trial Lawyers.

The Academy is a statewide association made up of the leading trial attorneys in New York State dedicated to preserving and improving the civil justice system. Through grass roots efforts, legislative action and professional development it promotes the highest ethical standards of our profession and strives to improve the quality of legal representation in New York State.

It is with great honor that I join the board of this association and work to further their mission. A swearing in ceremony will take place next Monday in Albany, New York presided over by our attorney general, Andrew Cuomo.

Traumatic Brain Injury Act Signed into Law

Late Monday, the President signed the Traumatic Brain Injury (TBI) Act into Law.

S. 793, the "Traumatic Brain Injury Act of 2008," authorizes appropriations and makes changes to the Department of Health and Human Services programs that provide grants for State programs for: tracking and reporting of brain injuries; and brain injury rehabilitation.

Our thanks should be extended to all those who have worked so hard to see that this act was reauthorized,  especially to our national organization, the Brain Injury Association of America whose leadership spearheaded efforts to get the act passed and to U.S. Rep. Bill Pascrell, Jr. (D-NJ-), the Co-Chairman of the Congressional Brain Injury Task Force who was the prime sponsor of this legislation.

Here are some comments from Rep. Pascrell:  “After two years of fighting to reauthorize the TBI Act, I am pleased that the President has joined me to approve an extension of federal services and care for brain injury victims”.  “With thousands of brain injury survivors returning from military service and 5.3 million Americans suffering from TBI here at home, it is more critical than ever for the federal government to prioritize brain injury prevention and rehabilitation.” 

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19 % of Returning Iraq Service Members Suffer From Traumatic Brain Injury New Study Reports

A new study by the RAND Corporation reports that 19 percent of returning service members report that they have experienced a possible traumatic brain injury and nearly 20 percent of military service members who have returned from Iraq and Afghanistan — 300,000 in all — report symptoms of post traumatic stress disorder or major depression. 7 percent reporting both a probable brain injury and current PTSD or major depression.

The RAND study estimates that about 320,000 service members may have experienced a traumatic brain injury during deployment.  The brain injuries span the spectrum form concussions to severe penetrating head injuries.  But, just 43 percent reported ever being evaluated by a physician for head trauma or brain injury.

Unfortunaely many service members said they do not seek treatment because they fear it will harm their careers.

"There is a major health crisis facing those men and women who have served our nation in Iraq and Afghanistan," said Terri Tanielian, the project's co-leader and a researcher at RAND, a nonprofit research organization. "Unless they receive appropriate and effective care for these mental health conditions, there will be long-term consequences for them and for the nation. Unfortunately, we found there are many barriers preventing them from getting the high-quality treatment they need."

The findings are from the first large-scale, nongovernmental assessment of the psychological and cognitive needs of military service members who have served in Iraq and Afghanistan over the past six years. The RAND study is the first to comprehensively assess the current needs of returned service members from all branches of the military.

Researchers concluded that a major national effort is needed to expand and improve the capacity of the mental health system to provide effective care to service members and veterans. The effort must include the military, veteran and civilian health care systems, and should focus on training more providers to use high-quality, evidence-based treatment methods and encouraging service members and veterans to seek needed care.

The Rand Report suggests that thehe Department of Defense's newly created Defense Center for Excellence for Psychological Health and Traumatic Brain Injury may provide a historic opportunity to change the culture of psychological health within the military and to promote and monitor the use of high-quality care to service members. The RAND report provides information that the center could use to pursue these objectives through the use of innovative care models and performance measurement techniques.

One-year estimates of the societal cost associated with treated cases of mild traumatic brain injury range up to $32,000 per case, while estimates for treated moderate to severe cases range from $268,000 to more than $408,000. Estimates of the total one-year societal cost of the roughly 2,700 cases of traumatic brain injury identified to date range from $591 million to $910 million.

The report is titled "Invisible Wounds of War: Psychological and Cognitive Injuries, Their Consequences, and Services to Assist Recovery." The full report and several summaries are available by clicking here.

Epilepsy Seminars in New York City

Epilepsy and seizure disorders frequently develop as a result of a traumatic brain injury or a traumatic head injury.  These disorders may develop in the days, weeks or even in the first year following a head or brain injury.

New York University's Department of Epilepsy continues its "EVENING EPILEPSY LECTURE SERIES".  They have requested that I post information concerning their upcoming epilepsy programs.

Monday, April 28th – Dr. Jacqueline French “Side Effects of Anti Epileptic Drugs”
REGISTER NOW!

Monday, May 12th – Dr. Siddartha Nadkarni “Cognitive and Behavioral Problems in Epilepsy”
REGISTER NOW!

All seminars are held at  NYU Medical Center 550 First Avenue, New York, Smilow 1st floor seminar Room at  6:00-7:00pm

Brain Injury Legislative Update

The following information has been posted at the request of the Brain Injury Association of America:

Dear Advocates:

After  legislation to reauthorize the Traumatic Brain Injury (TBI) Act successfully passed Congress on April 10, the bill still needs to be considered by the President for his signature into law.  BIAA anticipates this consideration will occur within the next week, and is closely monitoring the situation.
This week the House of Representatives passed by a veto-proof margin H.R. 5613, important legislation which would place a moratorium until March 2009 on seven harmful Medicaid regulations issued by the Department of Health and Human Services.  BIAA issued a Legislative Action Alert earlier this week before the vote encouraging advocates to urge their Representative to vote YES on the bill.  The fate of the bill is now up to the Senate.

Also this week, BIAA submitted written testimony to the Senate Appropriations Subcommittee in charge of funding TBI programs within the Department of Health and Human Services and the Department of Education.  BIAA’s testimony urges an increase in funding in Fiscal Year 2009 for programs authorized through the TBI Act, as well as TBI research programs conducted within the National Institute on Disability and Rehabilitation Research (NIDRR).

In addition, a representative of BIAA was invited to attend an event hosted by President George W. Bush on Thursday, April 24, at the White House.  The inspiring event honored a group of wounded warriors as they kicked off the Wounded Warrior Project’s second annual “Soldier Ride:  White House to Light House Challenge.”

And lastly, BIAA was proud to sign on as a supporter of the National Shaken Baby Syndrome Awareness Week Resolution (S. Res. 518), which passed the Senate on Monday.  The Resolution, introduced by Senator Dodd (D-CT), dedicates this week (the week of April 21st through 25th) to raise awareness of Shaken Baby Syndrome and to ultimately eliminate its occurrence.

Brain information lesson plans

Thanks to the Dana Press, Brain in the News for tipping us off to a web site that has developed lesson plans  for teaching middle school aged children about the Brain.

Topics include:

Anatomy of the Brain
Protecting the Brain
The Nervous System
Neurons
Meet a Neuroscientist

The site was developed by Ms. Lynn Bleeker, a middle school science teacher.

You can click brain injury lesson plans to access the site, Neuroscience for Kids.

Brain Injury Federal Legislative Update

The Brain Injury Association of America has requested that I circulate the following legislative update concerning brain injury legislation and other important brain injury related matters occuring on capital hill this week:

Dear Advocates:

After legislation to reauthorize the Traumatic Brain Injury (TBI) Act successfully passed Congress last week, the bill still needs to be considered by the President for his signature into law.  BIAA anticipates this consideration will occur in the very near future.

This week saw major activity occur on H.R. 5613, legislation recently introduced which would place a moratorium until March 2009 on seven Medicaid regulations issued by the Department of Health and Human Services.  On Wednesday, the bill was unanimously approved by the full House Energy and Commerce Committee, setting up a potential veto showdown with the White House.  BIAA has strongly endorsed this legislation and submitted an official letter of endorsement to the bill’s sponsors, Rep. Dingell (D-MI) and Rep. Murphy (R-PA), last week.

Also this week, The Rand Corporation published an important comprehensive study of the mental health and cognitive needs of U.S. servicemembers returning from Afghanistan and Iraq.  This groundbreaking study - which focuses specifically on the post-deployment health-related needs and economic costs associated with post traumatic stress disorder (PTSD), major depression and TBI - estimates that 320,000 servicemembers may have experienced TBI as a result of recent combat operations.

Brain Injury Survivor Web Site of the Month

Thanks to the Northeast Center for Special Care for alerting us to their web site of the month.  This month they feature a web site entitled Canine and Abled created by brain injury survivor Kimberly Carnevale.

Ten years ago Kimberly Carnevale was an accomplished professional equestrian and an Olympic hopeful.  She was competing on the prestigious Grand Prix Show jumping circuit and was vying for a position on the United State Equestrian Team.  Things were bright in Kimberly's life until a motor vehicle accident brought her dreams to a halt.  The accident resulted in a traumatic brain injury, multiple injuries and seizures.

A brain injury is a dramatic, life-changing event for anyone, as it was for Kimberly.  Her goal of competing as an equestrian and making the Olympic team were over.  There was, however, another life-changing event that happened about the same time.

Four years before her accident Kimberly rescued an eighteen-month old German Shepherd/St. Bernard mix pup that was about to be put asleep.  "Dewey," came home and became a part of Kimberly's family.  She had no idea at the time the role Dewey would play in her life.

After her accident Kimberly discovered that when she was about to have a seizure, Dewey was able to detect the impending seizure and alert her.  During and after her seizures, Dewey remained close to her side as a comfort.  Dewey had the ability to be a seizure-alert dog.  Dogs with this ability can alert and/or assist individuals during a seizure.

After viewing a program about service dogs on the cable network Animal Planet, Kimberly enrolled Dewey in service dog training and he became a certified service dog.  After his training Dewey was able to do more than only alerting Kimberly to impending seizures and maintain a comforting presence, he also pulled her wheelchair, retrieved items and assisted in helping her relearn to walk again.

There were other events that would also change Kimberly's life.  After becoming a certified service dog, and despite the Americans with Disabilities Act (ADA) regulations, Kimberly was denied access to some public areas with Dewey.  Access denial for individuals and their service dogs sadly remains too common. 

After reading disability discrimination posts at the northeast center news feed about individuals with disabilities being denied access to retail stores, restaurants, and even schools because of having their service dog with them, Kimberly was motivated to establish an organization and website dedicated to the education and awareness of service dogs.

Wrestling Association to Institute Concussion Management and Awarness Program

I just received word from my friend, former WWE star Chris Nowinski and the Sports Legacy Institute the the Wrestling Association is about to institute a concussion management and concussion awareness program.

At a mandatory meeting for all performers in early March WWE performers took a computerized neuropsychological testing protocol, which evaluates such things as memory, cognitive skills, and reaction time. They will be re-tested aggressively every 6 months to look for long term issues, as well as re-tested after suspected concussions to help determine when it is safe to return to in-ring action.

Chris and the Sports Legacy Institute he founded have been instrumental in changing the attitudes of professional and amateur athletic teams about the importance of concussion awareness and proper concussion management.  They should be congratulated for their hard work.  Similarly, congratulations to WWE for taking a proactive step in protecting the health of their athletes.

Brain Injury Association of New Jersey Announces Annual Conference

The Brain Injury Association of New Jersey  will be holding its annual conference on May 14 and May 15, 2008 at the Sheraton Hotel and Conference Center in Eatontown, NJ.

The two day event is entitled, Brain Injury--Reconnecting Mind and Body.  The brain injury association states that the objective of this conference is to provide current information on brain injury recovery, specific to rehabilitation, research and therapies.  The full conference program and registration information can be viewed by clicking here.

Shaken Bay Syndrome: Findings of International Symposium

Shaken Baby Syndrome (SBS), also known as childhood neurotrauma or inflicted traumatic brain injury, is the leading cause of death from childhood maltreatment.

An international symposium sponsored by the National Center on Shaken Baby Syndrome examined how to establish the incidence of inflicted traumatic brain injury in young children and explored issues of definitions, passive versus active surveillance, study designs, proxy measures, statistical issues and prevention. Key findings are published in a Special Supplement to the April 2008 issue of the American Journal of Preventive Medicine.

The mortality rate of victims of this intentional brain injury is about 25%, while survivors do very poorly. In a recent Canadian study, investigators found that after 10 years only 7% of the survivors were reported as "normal," 12% were in a coma or vegetative state, 60% had a moderate or greater degree of disability and 85% would require ongoing multidisciplinary care for the rest of their lives.

Presentations addressed two main themes: (1) the adequacy of current and/or projected systems for measuring the incidence of shaken baby syndrome; and (2) a review of available strategies for evaluating the effectiveness of primary programs for its prevention in large jurisdictions.

Writing in the supplement, Guest Editors Ronald G. Barr, University of British Columbia, Vancouver, and Child & Family Research Institute, and Desmond K. Runyan, The University of North Caroline, Chapel Hill, state, "...it is apparent that there is a 'bad news/good news' storyline emerging here. While the challenges to measuring inflicted injury are real and considerable, it is equally clear that considerable progress has been made and that reliable and valid measurement appears feasible and obtainable. Substantive work continues to be done toward providing reasonable measures that will be informative both about the nature and scope of inflicted neurotrauma in infants and about the possibility that prevention programs will be able to be demonstrated to be effective (or not) on the basis of empiric measurements. It is none too soon."

These articles appear in a Special Supplement to the American Journal of Preventive Medicine, Volume 34, Issue 4 (April 2008), Supplement 1, published by Elsevier.

Senate and House Pass Traumatic Brain Injury Act

In some great news, the Senate today jointed the House of Representatives and passed legislation to reauthorize the Traumatic Brain Injury Act (S. 793).  The vote in the House was 392-1.  The bill now goes to the President for his signature.

The following message was released by the Brain Injury Association of America:

The bill authorizes ongoing CDC, NIH and HRSA TBI programs over the period of FY 2009 through FY 2012. 

The bill also authorizes a new study by the CDC and the NIH in collaboration with the Department of Defense and the Department of Veterans Affairs to identify the incidence of brain injury among our nation’s veterans, especially veterans of Iraq and Afghanistan.  The purpose of this study is to ensure that national research takes veterans into account and that current information about diagnostic tools and treatments are shared between the civilian and military scientific communities.

Much thanks should go to the hard work of the Brain Injury Association of America in getting this vital legislation passed.

Head Cases: Stories of Brain Injury and its Aftermath

Head Cases: Stories of Brain Injury and its Aftermath, is a new book authored by Michael Paul Mason which describes his visits to Balad Air Base, 30 miles north of Baghdad which he terms the "brain injury capital of the world"  and the difficulties faced by returning service members and their families.

A review of this book was published in the New York Times on April 2, 2008.  The review describes the book as follows: "As a writer, Mr. Mason stakes out a position midway between Oliver Sacks and Oprah Winfrey.  He goes light on the science, presenting his case studies primarily as human dramas.  We meet the loved ones, revisit the hometowns, relive in minute detail the horrific accidents that caused the injuries." 

"A persistent theme runs through the book:  the poor treatment available to patients with crippling behavioral problems related to head injuries.  Lack of dedicated hospital units, bureaucratic red tape and obstinate insurance companies frustrate Mr. Mason and his subjects at every turn.  Many families, worn out by the system stand by helplessly as their brain injured relatives languish in psychiatric wards, heavily sedated, and hopelessly confused.

Head injuries, Mr. Mason notes, often described in medical records as "an insult to the brain."  It's an apt phrase,  But, the insults do not stop at the end of the hospital stay.

Michael Paul Mason,  will be speaking  on Wednesday, April 9th at 7 pm at, Book Culture, which is located at 536 W. 112th Street in Manhattan.

Brain Injury Association of America Urgent Legislative Alert

The Brain Injury Association of America has just learned that the TBI Act Reauthorization bill is scheduled for consideration by the full House of Representatives on Tuesday, April 8, 2008. 

The bill is due to be on the House floor Tuesday afternoon around 2:30pm under suspension of the rules, and will appear as S. 793 (the Senate number of the bill).

Urge your Representative to vote YES on S. 793, and reauthorize the TBI Act!!! 

You can click here to contact your representative.

Brain Injury Survivior Documentary

The Detroit News reports today about a new documentary produced by brain injury survivors recording their recovery following traumatic brain injury following automobile accidents.  The documentary is entitled "The Other Breakfast Club"   

The club is a support group of 20-somethings who suffered traumatic brain injuries, or TBI, in auto accidents. And, now, they are sharing their scars and stories in an educational documentary.

Produced by the National Road Safety Foundation, "The Other Breakfast Club" focuses on local TBI patients and health care professionals. Their experiences will be shared with numerous health and education agencies nationwide, thanks to the New York-based nonprofit organization, which is offering DVD copies of the film for free through its Web site.

You can read the full story in the Detroit News: Brain Injuries Hit Big Screen