Brain Injury & Concussions, Brain Injury and Sports, Brain Injury Lawyers and Law, Brain Injury Prevention, Current Affairs

NFL influences Sony in Production of Concussion Movie

The NY Times reports this evening that they have discovered Wiki leaks showing how the NFL pressured Sony to alter their upcoming film, Concussion which documents the discovery of the link between professional football and the development of CTE.  Rad the full article Sony Altered ‘Concussion’ Film to Deter N.F.L. Protests, Emails Show

Unless the NFL is placed under oath, the public will never know the truth, the whole truth and nothing but the truth about what the NFL knew and when they knew it.

September 1, 2015 | Permalink | Comments (0)

Brain Injury and Sports, Brain Injury Association Information, Brain Injury Lawyers and Law, Current Affairs

NFL Concussion Litigation: Brain Injury Association of America Files Amicus Brief With Third Circuit Court of Appeals

My partner, Shana De Caro and I are honored to have submitted an amicus brief on behalf of the Brain Injury Association of America (BIAA) to the United States Third Circuit Court of Appeals in the NFL concussion litigation explaining the science of Traumatic Brain Injury (TBI) and the misconceptions inherent and relied upon by the District Court in the settlement agreement.

We hope that the information and authorities we have provided will assist the Court in reexamining the settlement terms in proper context and set the agreement aside in the interest of all retired NFL football players who have sustained brain injury.

Founded in 1980, the Brain Injury Association of America (BIAA) is the oldest, largest, non-profit, nationwide brain injury, advocacy organization. As the leading advocate for all victims of brain injuries, BIAA has an interest in ensuring this settlement fairly considers all brain-injured players for whose benefit this action was commenced.   BIAA seeks to provide the Court with unbiased, accurate information regarding consequences of traumatic brain injury and protect the integrity of traumatic brain injury scientific research.

From the amicus brief submitted on behalf of the Brain Injury Association of America:

“The settlement neither recognizes nor compensates the majority of players suffering long-term consequences of brain trauma, but merely rewards certain, small, discrete groups.  The vast majority of retired football players experiencing physical, emotional, and behavioral impairments following repetitive concussions remain excluded and uncompensated under settlement terms.  In the interest of expediency, the District Court relied on self-serving submissions of counsel, which unjustifiably categorized the vast majority of brain injuries as not being “serious” or unrelated to repetitive head trauma, ignoring the overwhelming scientific consensus regarding the causes and ramifications of traumatic brain injury.” 

 

“The settlement, as approved by the District Court, is faulty in many respects, including but not limited to : 1- failure to consider subtle differences and distinctions of developing brain damage not immediately apparent; 2- omission of mild brain injury; 3- failure to compensate recognized physical, behavioral, emotional, and cognitive sequelae of concussion; 4- exclusion of well-recognized categories of presumptive brain injury; 5- failure to provide meaningful benefits for cognitive impairment; 6- arbitrary compensation distinctions based upon years of play and age; 7- implicit disregard of overwhelming medical evidence that one concussion can precipitate life-long consequences;  8- an illusory benefit failing to account for required Medicare and Medicaid lien offsets; 9- insurmountable neuropsychological testing criteria; 10- ignoring physical, emotional, and behavioral impairment undetectable by the settlement’s testing protocol; 11- overemphasis on malingering tests; and 12- failure to consider alternate testing modalities, such as diagnostic imaging.”

Shana De Caro, Esq. is a member of the Board of Directors of the Brain Injury Association of America and immediate past chair of the American Association for Justice, Traumatic Brain Injury Litigation Group.  Michael V. Kaplen, Esq. is a Professorial Lecturer in Law at The George Washington University Law School teaching the only course on traumatic brain injury law in any US law school and past president of the Brain Injury Association of New York State. 

Shana and Michael are partners in the New York personal injury law firm, De Caro & Kaplen, LLP

 

August 20, 2015 | Permalink | Comments (0)

Brain Injury and Sports

Concussions can have permanent consequences

A study published this week in JAMA Neurology – assessed the brains of 28 retired National Football League (NFL) players who suffered a concussion with loss of consciousness.

 The study took brain scans of the players and a control group.  The study authors found that the hippocampus, the region of the brain involved with memory was smaller in the athletes who suffered a concussion with loss of consciousness as compared to a control group.

Although an individual can sustain a concussion without any loss of consciousness, this study is an important finding regarding the long term consequences of a concussion where there is a documented loss of consciousness.

May 19, 2015 | Permalink | Comments (0) | TrackBack

Brain Injury and Sports, Brain Injury Events, Brain Injury Lawyers and Law, Brain Injury Prevention

Team Physician: Legal Liability for Concussions and Brain Injury

 

I am honored to be able to address The American Association of Neurological Surgeons (AANS) 83rd Annual Scientific Meeting on Saturday, May 2, 2015 in Washington, D.C.

 

I will address this prestigious group of neurosurgeons on their role and legal responsibility for concussion and brain injury upon assuming the role of a team physician for youth sports.

 

My presentation is part of a half day special session “Neurosurgeon Team Physician” designed to provide an introduction for practicing neurosurgeons to become involved in the care of athletes in their community. Presenters will discuss topics such as concussion diagnosis and management, pre-participation screening for neurologic conditions, sideline and game management, how to work with athletic trainers and other sports medicine providers and spine and peripheral nerve problems in athletes.

 

According to the Centers for Disease Control (CDC), an estimated 248,418 children (age 19 or younger) were treated in U.S. emergency departments (ED) for sports and recreation-related injuries that included a diagnosis of concussion or TBI.  From 2001 to 2009, the rate of ED visits for sports and recreation-related injuries with a diagnosis of concussion or TBI, alone or in combination with other injuries rose 57% among children (age 19 or younger).

 

  

April 28, 2015 | Permalink | Comments (0) | TrackBack

Brain Injury and Sports

Approval of NFL Class Action Settlement by Federal Court-A Bad Deal for Players

You can put lipstick on a pig it's still a pig; you can wrap an old fish in a piece of paper called change it's still going to stink after eight years.  That is the unfortunate truth concerning the approval of the NFL class action brain injury settlement.  Read some of my other comments in today’s edition of USA Today.

 

 

 

April 23, 2015 | Permalink | Comments (0) | TrackBack

Brain Injury & Concussions, Brain Injury and Sports, Brain Injury Lawyers and Law, Brain Injury Legislative News, Brain Injury Prevention

NY Times Editorial--Parents Need to Make Important Decisions When It Comes to the Risk of Head Injury and Brain Damage

Today's New York Times contains an important editorial on the silent dangers of concussions while engaged in any contact sport.  http://snip.ly/Bwhl

Here is a portion of that editorial:

Beyond the pro game, the decision by Mr. Borland to quit after one season to protect his health should be carefully noted by parents of the hundreds of thousands of youngsters eager to play each year at the peewee, high school and college levels. Research published in January in the medical journal Neurology found that former professionals who started playing before the age of 12 performed “significantly worse” in mental dexterity tests than those who began tackle football later, according to a study by the Boston University School of Medicine. Even in the absence of diagnosed concussions, high school players showed measurable brain changes after just a single season of tackle play, according to a separate study last December by the Wake Forest School of Medicine.

March 22, 2015 | Permalink | Comments (0) | TrackBack

Brain Injury & Concussions, Brain Injury and Sports

Immediate Affects of Concussions Not Always Apparent

A new study published in  in the American Journal of Sports Medicine examines the performance of baseball players following their return to play after a concussion.  Concussions may linger among professional baseball players

March 21, 2015 | Permalink | Comments (0) | TrackBack

Brain Injury and Sports, Brain Injury Lawyers and Law

Then dangers of football encompass more than CTE

I am honored to have been consulted by the New York Daily News for my opinions on the dangers of brain injury while playing professional football.   

March 19, 2015 | Permalink | Comments (0) | TrackBack

Brain Injury and Sports

Chris Borland-NFL's Worst Nightmare: The Reality of Football and Brain Injury

Today's New York Times reports on Chris Borland and his decision to retire from professional football.

This is precisely the nightmare that the league has dreaded would occur.  The more information players obtain, the more players will decide that the risk of permanent brain damage is just not worth the reward.  This is just the beginning.  And you wonder why the NFL has worked so hard to minimize the risks and is working so hard to create an illusion they can make the game safe?

 

March 18, 2015 | Permalink | Comments (1) | TrackBack

Brain Injury & Concussions, Brain Injury and Sports

NFL admits they can't track concussions with helmet technology

According to published reports, the National Football League has suspended a program to track concussions with the use of helmet sensors.  The sensors are ineffective in predicting concussions.

Helmets cannot prevent concussions and current technology cannot provide accurate information concerning the multiple forces being applied to the brain upon impact.  In fact, since it is the brain moving within the skull that causes brain damage, an impact need not occur for a concussion to take place.

Simply put, football is a concussion delivery system. Helmets despite all of the rhetoric on the part of the NFL do not make the sport safe.

You can read the full story by clicking here.

February 24, 2015 | Permalink | Comments (0) | TrackBack