Brain Injury and Sports, Brain Injury Association Information, Brain Injury Lawyers and Law, Brain Injury Legislative News
Youth Sports Concussion Act Moves Out of Committee
Legislative News from the Brain Injury Association of America:
The United States Senate Committee on Commerce, Science, and Transportation, chaired by Senator John Thune (R-S.D.) passed the Youth Sports Concussion Act, S. 2508 out of the committee on Wednesday, April 27, 2016. The Youth Sports Concussion Act is sponsored by Senator Tom Udall (D-N.M.) and in the House of Representatives, Reps. Bill Pascrell, Jr. (D-N.J.) and Thomas J. Rooney (R-Fla.), co-chairs of the Congressional Brain Injury Task Force. BIAA thanks Chairman Thune, Ranking Member Nelson (D-Fla.), and Senator Udall for their leadership on moving this important piece of legislation forward.
The Youth Sports Concussion Act expressed the sense of Congress that the Consumer Product Safety Commission (CPSC) and the Federal Trade Commission (FTC) should review the National Academies' report on sports-related concussions and future research in such area for any matter that may impact products under the CPSC's jurisdiction or inform the FTC's efforts to protect consumers.
The bill makes it unlawful to sell or offer for sale in interstate commerce, or import into the United States for such purposes, athletic sporting equipment for which the seller or importer makes any deceptive claim with respect to the safety benefits of such an item. Violations shall be treated as unfair or deceptive acts or practices under the Federal Trade Commission Act. The bill sets forth the enforcement authority of the FTC. States may bring civil actions in federal court to obtain injunctive relief on behalf of state residents unless a civil or administrative action has already been instituted by the FTC. The FTC may intervene and appeal in state actions.
The Youth Sports Concussion Act is an important piece of legislation because it will protect our nation's youth who participate in sports related activities from concussions and other injuries by discouraging false advertising claims regarding protective equipment used in competitive sports.
BIAA and NASHIA recently spearheaded a letter of support to the Senate Commerce Committee to include the Youth Sports Concussion Act in the next executive session. Thirty six organizations signed on in support of moving this important legislation through the committee process.
Brain Injury and Sports, Brain Injury Lawyers and Law
Court of Appeals Approves NFL Class Action Settlement
The 3rd Circuit Court of Appeals issued a decision today, affirming the settlement of the NFL class action litigation. Unfortunately, the decision is a disappointment. When the players realize that they will receive virtually no benefits under the settlement, there will be a revolution. The next court to weigh in on these issues is the Court of Public Opinion.
read my comments in New York Times story reporting on this settlement
Brain Injury and Sports, Brain Injury Association Information, Brain Injury Events
New Documentary examines NCAA Commercial Exploitation of Athletes
Commercial exploitation of athletes, exposing college athletes to brain damage, using and abusing college students in the name of sports. These are some of the topics explored in the first documentary examining the conduct of the NCAA. The film, The Business of Athletes will be previewed on April 28th at 7:30 PM in the Bronx at the Showcase Cinema, Concourse Plaza, 214 E 161st St, Bronx, NY. But only, if enough people purchase tickets in advance. You can get more information by clicking here. Here is a link to the trailer and a review by the Mike O'Keefe of the Daily News, click here The film maker, Bob DeMars has graciously selected The Brain Injury Association of America for donation's.
Brain Injury and Sports
A safety award for NFL Commissioner? Are they out of their minds?
Later this week, NFL commissioner Roger Goodell will be given the Jacksonville Sports Medicine Program Leadership in Sports Health, Safety & Research Award. GIVE ME A BREAK! Read more by clicking here.
Brain Injury and Sports, Brain Injury Latest Medical News, Brain Injury Legislative News
Concussion Research--NFL's conduct is disgraceful
I am gratified that The NY Daily News extensively covered my criticism of the NFL and its conduct. It is appalling that they could alter scientific research and should be a lesson for us all when we review these medical articles from the best doctors that money can buy. Lawyer says $765M NFL settlement should be invalidated
Brain Injury & Concussions, Brain Injury and Sports, Brain Injury Lawyers and Law
NFL Finally Admits What Everyone Else Has Known For Years.
The NFL has known about the link between CTE and repetitive head trauma for years. Just shocking how long it has taken them to admit it. Read my comments in today’s NY Daily News. NFL Accepting CTE Link
Brain Injury and Sports
Future Potential Liability for Concussion Injuries
Interesting article in today's San Diego Reader on long term potential liability of NFL for concussion related injuries. Read my comments contained in article on potential liability of municipalities that providing funding for stadium construction. Will the NFL be as powerful in three decades? The long term viability of professional football.
Brain Injury & Concussions, Brain Injury and Sports
Reported concussions up by 58% in NFL during 2015
Reported concussions increased by 58% in statistics reported by the NFL yesterday. But's that's just part of the problem. What about sub-concussive blows and repeated head trauma and the long term brain damage that these injuries cause? Not surprisingly, the NfL doesn't want to discuss this. See my comments in today's NY Daily News.
Brain Injury and Sports, Brain Injury Association Information, Brain Injury Broadcasts, Brain Injury Lawyers and Law
NY Daily News Interview on Concussion Movie
Gratified to be interviewed for special Daily News feature article on “Concussion” movie appearing in Sunday editions of paper. We all need to be diligent and speak out for the 5.2 million Americans suffering from the permanent consequences of traumatic brain injury. All brain injuries are serious and must be treated as such by the NFL, insurance carriers and health providers. Opening Eyes and Minds: Former NFL QB Ray Lucas, CTE activists weigh in on Will Smith’s ‘Concussion’
Brain Injury & Concussions, Brain Injury and Sports, Brain Injury Association Information, Brain Injury Broadcasts, Brain Injury Events, Brain Injury Lawyers and Law, Brain Injury Legislative News, Brain Injury Publications, Brain Injury Rehabilitation, Current Affairs
Concussion a Good Opening Gambit
Shana and I attended an advance screening of the movie Concussion, with a group of sports writers and newscasters. Will Smith gave a compelling performance as Bennet Omalu, and his quest to determine and understand the cause of a specific type of brain damage, later named CTE, first discovered in the brain of former Pittsburgh Steeler, Mike Webster. This was Omalu’s movie and his story, based on the 2009 GQ exposé, Game Brain by Jeanne Marie Laskas. This was not a documentary.
The title for the film, “Concussion” is misleading. The film is not about concussions and the failure on the part of the league to inform players about the signs and symptoms of concussions, the need to refrain from returning to play before a player is healed, or the potential life-long consequences of a concussion. It is a film about the work of Bennet Omalu and his efforts to understand Chronic Traumatic Encephalopathy (CTE).
Importantly the film is based upon a true story, but is not a complete story. It is an excellent presentation of the path Omalu took and the painstaking investigation into the cause Mike Webster’s death. Omalu’s dogged pursuit of answers led to the discovery of the connection between football and brain damage and opened the door to further research. The movie indicated his conflict with the NFL in accepting this information, which the NFL still disputes.
This movie opens the door to a more important conversation, about trauma and brain damage that must continue. The cinematic decisions about the portrayals of different characters and the complete omission of any reference to the Concussion Legacy Foundation in Boston, the past and current role of Commissioner Goodell and the NFL marketing department in deflecting criticism were interesting choices made by the film’s writer and director.
It was a compelling introduction for the public to the health issues generated by trauma in football. This theme must be expanded. If this movie provokes a national conversation about the larger issues associated with all types of brain damage, from football, other sports and everyday accidents, then it has been a great public service. It would be misleading, if however, it leaves the impression that the problems have been remedied or that the only public health concern is CTE. This is the tip of the iceberg of the full-range of chronic life-altering effects of concussions.
Brain injury is a chronic condition with life-long consequences. According to the Centers for Disease Control (CDC), each year there are over 200,000 visits to emergency departments by children under the age of 19 suffering concussion related problems from organized sports. Omitted from these statistics are visits to urgent care facilities, physicians’ offices, and cases where concussion is not the principal diagnosis. The CDC estimates that the accurate number is between 1.6 million to 3.8 million sports related concussions documented each year! This is a true public health crisis. Labeling a condition does not address treatment issues and how we, as a society, address the impact of a chronic condition that has consequences for families and society.
We applaud the efforts of all those involved in making this important film, and hope it engenders continued investigation and research into not only prevention, but improved identification and treatment options that will assist this vulnerable population.
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 teaching the only course in traumatic brain injury law at The George Washington University Law School, a member and immediate past chair of the New York State Traumatic Brain Injury Coordinating Council, three term president of the Brain Injury Association of New York State and a past chair of the American Association for Justice Traumatic Brain Injury Litigation Group.
DE CARO & KAPLEN, LLP is a New York based law firm with a focus on representing victims of traumatic brain injury throughout the nation. Shana and Michael are frequently invited to lecture attorneys and public advocacy groups nationwide on the legal issues pertaining to brain injury, public health concerns and the impact of brain injury on the lives of its victims.
Shana and Michael authored the New York Law Journal expert column on brain injury law and the chapter on brain injury law in the special issue of Psychiatric Clinics of North America.