Brain Injury Lawyer - New York

New Brain Injury Book To Be Featured on NPR

National Public Radio's Diane Rehm Show to Feature New Brain Injury Book

On Tuesday, May 27, at 11 am EDT, nationally-recognized talk show host Diane Rehm will interview Susan Connors, Brain Injury Association of America president/CEO, and Michael Mason, author of Head Cases, the compelling compilation of individual stories of brain injury and its aftermath. 

Tune your radio to the National Public Radio Station in your area. When the show starts, call 1-800-433-8850 or send an email to participate.   

Brain Injury Legislative Update

The Brain Injury Association of America (BIAA) has issued the following legislative update which they have requested that I share with you:

After a busy week focused on a variety of legislation, including unsuccessful efforts to achieve final passage of the war supplemental appropriations bill and a budget resolution conference agreement, Congress is now in recess until Monday, June 2, in observance of the Memorial Day holiday.

BIAA issued a Legislative Action Alert on Fiscal Year 2009 TBI appropriations this week, despite the fact that Congress failed to successfully pass a final budget resolution.  BIAA urges advocates to make contact with their representatives in Congress - and if possible, schedule a face-to-face meeting while they are in their home districts this next week – and urge them to increase appropriations for federal TBI programs.

On Wednesday, May 21, the Senate Veterans Affairs Committee held a hearing on pending health care legislation, including S. 2921, The Caring for Wounded Warriors Act, which BIAA has strongly endorsed.  BIAA submitted a Statement for the Record for the hearing urging the Committee to swiftly approve the bill, which would strengthen supports for family caregivers of returning servicemembers with TBI.

Also this week, BIAA distributed an issue brief to Capitol Hill staff  highlighting the need for TRICARE to officially cover cognitive rehabilitation.  The information paper was accompanied by a summary of the research supporting the efficacy of cognitive rehabilitation in treating brain injury.

In addition this week, on May 22, 2008, BIAA submitted official comments to the Department of Education on the National Institute on Disability and Rehabilitation Research’s (NIDRR) Proposed Long-Range Plan for Fiscal Years 2010-2014.  BIAA’s comments were based on a coalition letter which BIAA signed on to as well, but also included BIAA’s individual recommendations for future research priorities.

BIAA Submits Statement for the Record to Senate Veterans Affairs Committee

On Wednesday, May 21, the Senate Veterans Affairs Committee held a hearing on pending health care legislation, including S. 2921, The Caring for Wounded Warriors Act, which BIAA has strongly endorsed.  BIAA submitted a Statement for the Record for the hearing urging the Committee to swiftly approve the bill, which was introduced by Senator Hillary Rodham Clinton and would increase support for family caregivers of servicemembers with TBI.  Several recommendations made by BIAA during the legislative drafting process were incorporated into the bill. 

The bill would require two pilot programs to be implemented through the Department of Veterans Affairs, improving the resources available to those caring for returning servicemembers with TBI. 
In the Statement for the Record, BIAA President and CEO Susan H. Connors noted, “Family care is the most important source of assistance for people with chronic or disabling conditions, including people with brain injury.  Yet, research has found that all too often, the traumatic brain injury of a spouse or close relative places extreme stress on family caregivers, frequently resulting in negative physical and emotional outcomes for the caregivers themselves.”

View a copy of BIAA’s Statement for the Record on S. 2921

Also this week, BIAA distributed an issue brief to Capitol Hill staff highlighting the need for TRICARE to officially cover cognitive rehabilitation.  The information paper was accompanied by a summary of the research supporting the efficacy of cognitive rehabilitation in treating brain injury.

BIAA’s issue brief makes a compelling argument for making cognitive rehabilitation an official benefit within TRICARE, arguing that “A clear clinical consensus has developed recognizing the importance of providing cognitive rehabilitation to patients with TBI, and servicemembers suffering from TBI resulting from deployment deserve nothing less than the appropriate level of care based on currently accepted and widely used treatment modalities.”

View a copy of BIAA’s Issue Brief on Cognitive Rehabilitation & TRICARE.

Seizures and Strokes

Seizures may be a sign of significant brain injury, and may occur in patients that experience any type of stroke. A new study finds that stroke patients with ensuing seizures are more likely to die in the 30 days following stroke than patients without seizures. The findings show a mortality rate of over 30 percent at thirty days after stroke.

The study, to be published in the June issue of Epilepsia, finds that the overall incidence of seizures within 24 hours of an acute stroke is 3.1 percent. Patients with intracranial hemorrhages (bleeding within the brain), have an even higher incidence of seizures – 8.4 percent – in the first 24 hours after stroke.

Employment rights for veterans with disabilities

The U.S. Equal Employment Opportunity Commission, publishes a guide titled, "Veterans with Service-Connected Disabilities in the Workplace and the Americans with Disabilities Act (ADA)" which contains information for veterans about the employment rights of individuals with disabilities.

According to government statistics, between October 2001 and February 2008, more than 30,000 veterans serving in Iraq, Afghanistan, and surrounding duty stations have been wounded in action.  Many of them have lost a hand or limb or been severely burned or blinded. Others have been diagnosed with hearing loss, post traumatic stress disorder (PTSD), traumatic brain injuries (TBIs), and other service-connected disabilities.  Despite their injuries, many veterans who leave active duty are able to work.

At least two federal laws provide important protections for veterans with
disabilities: The Uniformed Services Employment and Reemployment Rights Act (USERRA), and the ADA.

This short guide answers questions that veterans with service-connected disabilities may have about the protections they are entitled to when they seek to return to their former jobs or look to find their first, or new, civilian jobs. 

Among the specific questions addressed are the following:
- How does USERRA differ from the ADA?
- I was severely injured during active duty but don’t think of myself as “disabled.” How do I know if I am protected by the ADA?
- Is an employer required to hire me over other applicants because I have a service-connected disability?
-  Do I have to disclose an injury or illness that is not obvious during an interview or indicate on a job application that I have a disability?
-  What types of reasonable accommodations may I want to request for the application process or on the job?
-  Where can I find more information on USERRA and the ADA?

The guide also explains changes or adjustments that veterans may need, because of their injuries, to apply for or perform a job or to enjoy equal access to the workplace.  Finally, this guide includes resources on where veterans can find more information about the employment rights of individuals with disabilities.

You can view the guide by clicking here.

Traumatic Brain Injury: Call for Abstracts

The North American Brain Injury Society (NABIS) has announced that they are the accepted articles for publication in conjunction with their Sixth Annual Conference on Brain Injury October 2-4, 2008 in New Orleans, Louisiana.  The articles  will be published in the Journal of Head Trauma Rehabilitation.

I  am pleased that I have been invited to do another presentation on ethical issues faced by attorneys representing individuals with traumatic brain injury at the conference.  The NABIS Annual Meeting attracts both health care professionals and attorneys from North America.  Their are two tracks at the conference,  The medical track focuses on the latest developments in brain injury research, treatment and rehabilitation.  The legal track focuses on topics of interest to the legal profession in representing persons who have sustained a traumatic brain injury.

All submitted abstracts will be scored by a Peer Review Abstract Committee.  NABIS values sessions that present current and best practices, including information that compliments the Conference’s topic tracks (Research/Science, Medical/Clinical and Life-Long Living) as well as innovative approaches to brain injury assessment, treatment, intervention and rehabilitation.  Also of interest are abstracts addressing brain injury caused by blast and meeting the needs of returning veterans.  Awards will be given to the top scoring presentations.

NOTE: The deadline for submitting an abstract is June 13, 2008.

To submit an abstract or for more information on the Conference, click here.

New MRI Technique Detects Subtle Brain Injuries

A new  MRI technique which can detect subtle brain injuries has been reported in the May issue of the Archives of Neurology.  Researchers at the Texas Southwestern Medical Center say they can detect diffuse axonal injuries which can occur when suddenly stops moving, such as during a motor vehicle crash, and axons are damaged or deformed. Axons are long, thin extensions that reach from one area to another.

"(DAI) may account for up to half of the traumatic brain injuries in accidents," according to study author Dr. Ramon Diaz-Arrastia, a professor of neurology, said in a prepared statement.

The difficulty that brain injury lawyers have with proving diffuse axonal injury is that in many cases, it  doesn't show up on CT scans or  MRI studies.

The researchers developed a mathematical analysis, called diffusion tensor tractography, to detect DAI on MRI scans. This type of analysis looks at how easily water moves around in areas surrounding brain cells. When axons are damaged, they swell and absorb the water around them, leaving less that can move between cells. As axons die, they release the water, which increases the amount of water surrounding cells.

Hopefully more research will look at this fascinating technique for objectively show the existence of brain damage.

Brain Injury and the Problems in Life

Traumatic brain injury has long been known as the "invisible injury" and the multitude of those suffering from it's consequences have been referred to as the "silent epidemic"

An important web cast exploring these issues will take place this Thursday, May 22nd from 2pm to 3:30pm EDT entitled  “Unidentified TBI: The Importance of Finding Those Who “Get Lost” and Those “Not Found”.”

Dr. Wayne Gordon from Mount Sinai School of Medicine, whose research into the societal cost of TBI was the basis for an article in “The Wall Street Journal,” will be the speaker.  This web cast is funded by the Federal TBI Program.

The web cast will focus on the link between a previous brain injury and problems later in life.  This will provide an excellent opportunity to collect information to describe the importance of identifying TBI and to illustrate the long-term cost to society.  State agencies, Protection and Advocacy Systems, and Statewide TBI Advisory Boards/Councils will be able to use this information to capture the attention of State agencies to assist with raising brain injury awareness and securing funding.

Participation in this web cast takes place exclusively through the Internet. You can register for the event  by clicking here

Brain Injury Legislative Update

The following legislative update was prepared by the Brain Injury Association for next week:

Dear Advocates:

Defense issues are expected to be the focus of legislative activity next week, as the Senate plans to debate the war supplemental bill, while the House plans to consider the fiscal 2009 defense authorization bill (H.R. 5658).

Earlier this week, the House passed an amendment related to the war supplemental bill containing a provision, strongly supported by the Brain Injury Association of America, which would delay implementation of seven harmful Medicaid regulations proposed by the Bush Administration.  BIAA will continue to advocate in favor of maintaining this provision in the war supplemental bill as it is considered by the Senate next week.

Also next week, floor consideration of a possible final version of the fiscal 2009 budget resolution (S. Con. Res. 70) could also take place, as Congress works to accomplish legislative goals before leaving town for a week-long Memorial Day Recess beginning on Monday, May 26.

Final passage of a budget resolution would include the establishment of official funding allocations for the fiscal 2009 Labor-HHS-Education Appropriations bill, which funds multiple TBI-related programs, including programs authorized through the TBI Act.

Refractory Epilepsy Seminar in New York City

The New York University Comprehensive Epilepsy foundation FACES (Finding A Cure For Epilepsy) has announced that registration is now open for the final Evening Lecture which will be held on Monday, June 16, 2008.

Dr. Lara Marcuse will speak on the topic of "Refractory Epilepsy”.  REGISTER by clicking here.

A webcast is now available for the FACES April 28th Evening Lecture "Side Effects of Anti Epileptic Drugs" presented by Dr. Jacqueline French.  Click here to view this lecture.

Ancient Incas Perform Neurosurgery!

Over at Mindhacks, a report on a fascinating article on the recent archaeological discovery of numerous ancient Incan skulls of which over 1 in 6 showed signs of trepanation - an ancient form of brain surgery where a hole was drilled in the skull.

The archaeologists make some fascinating inferences about the purpose and success of these operations:

Andrushko and Verano argue that the Incas performed trepanation primarily to treat head injuries incurred during battle, because the holes are most often found at the front of the skull to the left, consistent with injuries caused by a right-handed opponent during face-to-face combat, and because adult males are overrepresented in the sample. The procedure was evidently used to treat mastoiditis (an infection of the region of the temporal bone behind the ear) as well.

The authors also show that the success rate of the procedure improved with time, as the Inca empire progressed and made advances in medicine. The earliest specimens, dated to around 1,000 A.D., showed no signs of bone growth around the perforations, suggesting that the procedure was often fatal. But specimens dating to around 400 years later suggest a survival rate of around 90%.

Link to the full Neurophilisophy article on Inca Neurosurgery.