Brain Injury Association Information, Brain Injury Broadcasts, Brain Injury Lawyers and Law

Implementing Brain Injury Services for School-Aged Children

The Brain Injury Association of America (BIAA) will be conducting a webinar on implementing brain injury services for school-aged children on:

Tuesday, September 15, 2015

3:00 p.m. eastern/12:00 p.m. (noon) pacific

Cindy Pahr, M.Ed., CBIST, San Diego Unified School District and EduCLIME, L.L.C.

The description provided by BIAA for this webinar is:

Implementing services for school-aged children with brain injuries can be challenging. Through this webinar, attendees will learn about the flow and determination of school placement in various educational settings; discuss strategies to address common challenges faced by students and families in the education setting post-injury; and will be introduced to lessons and activities used to help students assimilate back into their lives.

Click here for more information.

De Caro & Kaplen, LLP have been selected as Preferred Attorneys by the Brain Injury Association of America

September 8, 2015 | Permalink | Comments (0)

Brain Injury Association Information, Brain Injury Events

Eleventh World Congress on Brain Injury--Abstract Deadline

The Eleventh World Congress on Brain Injury will take place on March 2-5, 2016, at the World Forum Conference Center in the Hague, the Netherlands.

The deadline for submission of abstracts is September 15, 2015.

For more information on abstact submission, click here.

September 7, 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 Association Information, Brain Injury Legislative News

Advancing Research for Neurological Diseases Act – Capital Hill Briefing

On September 16th from 11:30 to 12:30 in the Senate Russell Building, room 485, the Brain Injury Association of America (BIAA) will be co-sponsoring a Senate briefing to discuss S. 849, Advancing Research for Neurological Diseases Act.

The bill would help advance neurological disease research by establishing a system to collect accurate epidemiological data  about individuals afflicted with neurological diseases.  Currently, there is no accurate account of how many people in the United States have sustained a brain injury or of the demographic characteristics of those living with disabilities as a result of a brain injury. As a result, brain injury researchers are working at a distinct disadvantage: lacking basic information about the disease.

August 13, 2015 | Permalink | Comments (0)

Brain Injury Association Information, Brain Injury Legislative News

Brain Injury Association of America--Legislative Update

The following legislative update has been prepared by the Brain Injury Association of America (BIAA), the nation's voice for persons with a brain injury

TBI Stakeholder Meeting with the Department of Health and Human Services

On Tuesday, June 9, BIAA staff and other TBI stakeholders met with leadership from the Department of Health and Human Services to discuss elevating the Federal TBI State Grant Program and Protection and Advocacy Program from Health Services and Resources Administration (HRSA) to the Administration for Community Living (ACL).

In the reauthorization of the TBI Act, which was signed into law in November 2014, discretion was given to the Secretary of Health and Human Services on which agency should administer the program.  The TBI stakeholders believe the Administration for Community Living is the proper home for the TBI program because its mission is to maximize the independence, well-being, and health of older adults, people with disabilities across the lifespan, and their families and caregivers. Individuals who have sustained a TBI need continued supports and services across the lifespan. By elevating the TBI program, stakeholders anticipate State agencies and Protection and Advocacy organizations would be better able to coordinate with and leverage programs and resources at the state and federal levels to improve services to individuals with brain injury and their families. 

In addition to the federal agency leaders and staff and stakeholder organizations, Alyssa Penna, legislative director for Rep. Bill Pascrell, Jr. (D-N.J.), who is co-chair of the Congressional Brain Injury Task Force, attended the meeting.

Pascrell, Rooney Amendment to Restore $25M to TBI Program Passes House of Representatives

On Wednesday, June 10, the House of Representatives passed an amendment offered by U.S. Reps. Bill Pascrell, Jr. (D-N.J.) and Tom Rooney (R-Fla.), Co-chairs of the Congressional Brain Injury Caucus, to the 2016 Defense Appropriations Act that would restore $25 million from the Psychological Health and Traumatic Brain Injury (TBI) Research Program.  The defense appropriations bill cuts $25 million from the TBI program, representing a decrease of 20% from last year's funding level.

The Psychological Health and TBI Research Program supports the DOD Psychological Health and TBI Center of Excellence in its efforts to educate service members and their families, enhance clinical and management approaches, and facilitate other vital services to best serve the needs of our service members impacted by TBI and psychological health problems. TBI continues to be the signature injury among our nation's service members returning from Iraq and Afghanistan. More than 300,000 troops have been diagnosed with mild TBI since 2000, a number that continues to increase as identification and detection methods become more accurate.

National Institutes of Health Names Director of the National Institute of Neurological Disorders and Stroke

On June 11, National Institutes of Health Director Francis S. Collins, M.D., Ph.D., announced the selection of Walter J. Koroshetz, M.D., as the Director of the National Institute of Neurological Disorders and Stroke (NINDS). He has served as Acting Director of the NINDS since October, 2014.

In announcing the appointment, Dr. Collins recognized Dr. Koroshetz' role in the creation of the StrokeNet, a national clinical trial network for research in stroke treatment, prevention, and recovery as well as his role as point person for traumatic brain injury research at the NIH, and Co-founder of the NIH-Uniformed Services Center for Neuroscience and Regenerative Medicine (TBI research center).

Dr. Koroshetz serves as co-chair of the NIH BRAIN Initiative. He was instrumental in establishing the NIH Office of Emergency Research. He is the NINDS representative to the federal Interagency Autism Coordinating Committee; Chair of the Interagency Pain Research Coordinating Committee and the NIH Pain Consortium, and Co-chair of the Common Fund Undiagnosed Disease program.

As the new Director of the NINDS, Dr. Koroshetz will oversee an annual budget of $1.6 billion and 1141 scientists, physician-scientists, and research administrators. The Institute supports research by investigators in public and private institutions across the country, as well as by scientists working in its intramural laboratories and branches in Bethesda, Maryland. Since 1950, the Institute has been at the forefront of U.S. efforts in brain research, with studies in areas ranging from the structure and function of single brain cells to research on the causes, prevention, diagnosis and treatment of neurological disorders and, most recently, the translational research that is helping to bridge the gap.

Before coming to NIH as the NINDS Deputy Director in 2007, Dr. Koroshetz was a Harvard Professor of Neurology, Vice Chair of Neurology at Massachusetts General Hospital (MGH), Director of Stroke and Neurointensive Care, and a member of the Huntington's disease unit. He was also a professor of neurology at Harvard Medical School and led neurology resident training at MGH from 1990 until 2007. A native of Brooklyn, New York, Dr. Koroshetz graduated from Georgetown University and received his M.D. from the University of Chicago. He trained in internal medicine at the University of Chicago and in both internal medicine and neurology at MGH, after which he did postdoctoral studies in cellular neurophysiology at MGH and the Harvard neurobiology department.

NINDS is the nation's leading funder of research on the brain and nervous system. The mission of NINDS is to seek fundamental knowledge about the brain and nervous system and to use that knowledge to reduce the burden of neurological disease.

NIH, the nation's medical research agency, includes 27 Institutes and Centers and is a component of the U.S. Department of Health and Human Services. NIH is the primary federal agency conducting and supporting basic, clinical, and translational medical research, and is investigating the causes, treatments, and cures for both common and rare diseases.

June 13, 2015 | Permalink | Comments (0)

Brain Injury Association Information, Brain Injury Events

Brain Injury Association New York State Annual Conference and Professional Conference

The Brain Injury Association of New York State (BIANYS) will host its 33rd Annual BIANYS Conference, featuring keynote speaker Gary Busey. Mr. Busey speaks all over the country about the challenges and triumphs of living every day with a Traumatic Brain Injury.

Dates: June 4-5, 2015 at the Albany Marriott, Albany, NY

Further information:  click here.

On June 4, BIANYS, the association will also  present the 2nd annual Professional Symposium, highlighting
research and rehabilitation services for individuals with brain injury which I am honored to co-chair. Learn
from distinguished voices in the field.  Information on the professional symposium can be obtained by clicking here.


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

Brain Injury Association Information, Brain Injury Broadcasts

Understanding the impact of traumatic brain injury

The Brain Injury Association of America will be sponsoring a caregiver webinar on Thursday, April 16, 2015, 3 PM Eastern Time, entitled, Awareness, Depression, and Catastrophic Reaction After Brain Injury

“Recovery after a brain injury is a long and difficult process. As people begin to understand the impact of their injuries on their lives, it can feel overwhelming and lead to feeling like there is no hope.”   This webinar is designed to address these important issues following a traumatic brain injury.

For more information and to register go to the Brain Injury Asociation of America web site.

For legal assistance following a brain injury, De Caro & Kaplen, LLP, can provide assistance.


April 13, 2015 | Permalink | Comments (0) | TrackBack

Brain Injury Association Information, Brain Injury Events

Call For Abstracts-- Eleventh World Congress on Brain Injury

The Eleventh World Congress on Brain Injury will be held at The Hague, The Netherlands from March 2-5, 2016

The World Congress has set an abstract deadline date for September 15, 2015

I have been informed that the abstract submission portal is now open.  The International Brain Injury Association accepts the submission of original research on all brain injury topics.

The 2015 abstract categories are:
•         Neurorehabilitation - activities and participation
•         Neurorehabilitation - basic research
•         Neurorehabilitation - case report/clinical research
•         Neurorehabilitation - public policy
•         Neurotrauma - basic research
•         Neurotrauma - case report/clinical research
•         Neurotrauma - health services and outcomes
•         Neurotrauma - prevention and public health
•         Technology - basic research
•         Technology - clinical research/applications

For more information or to submit your abstract, click here.


April 9, 2015 | Permalink | Comments (0) | TrackBack

Brain Injury & Concussions, Brain Injury Association Information, Brain Injury Events

Brain Injury Professional Symposium

The Brain Injury Association of New York State (BIANYS) will be hosting a full day professional symposium, Latest Developments in Brain Injury: Identification, Rehabilitation and Treatment on June 4, 2015 in Albany, New York at the Marriott Hotel.  

I am co-chair of this program along with Steven Flanagan, M.D. Professor and Chair of the Department of Rehabilitation Medicine at NYU Langone Medical Center.

The program is intended for all professionals involved in brain injury identification, treatment and rehabilitation.  It brings together some of the leading experts to discuss issued of brain injury epidemiology; sports concussions; cerebral imaging and traumatic brain injury; the role of neuropsychology in brain injury; management of behavioral problems; support for caregivers and family members and the latest research. 

Further information can be obtained at the web site of the Brain Injury Association of New York State.

March 31, 2015 | Permalink | Comments (0) | TrackBack

Brain Injury Association Information, Brain Injury Lawyers and Law, Brain Injury Legislative News

Urgent Message from Brain Injury Association of America-Repeal Medicare Therapy Cap

The following urgent request was received today from the Brain Injury Association of America

URGENT!  We Need Your Help to include Therapy Cap Repeal in the Final SGR Package!  Call Your House Representative Today!

The U.S. House of Representatives is currently negotiating a permanent policy to fix the flawed sustainable growth rate (SGR) formula in order to prevent a 21% cut in Medicare provider payments. 

Although we support passage of necessary SGR reform, we remain concerned that an extension of the current exceptions process rather than a full repeal of the Medicare therapy cap may be included in this legislation.  

This is a threat to YOUR access to necessary therapy services if there is no longer a legislative vehicle to pass further extensions or repeal of the therapy cap.  

BIAA remains active with Congress as these negotiations move forward but we need your help to weigh in with you legislators to ensure a full repeal of the theray cap is included in any final permanent SGR deal.


US Capitol Switchboard (202) 224-3121



  • As you can imagine, all  of us in the brain injury community are concerned about the possibility of      permanent SGR moving without addressing permanent therapy cap repeal and      reform especially given the several years of work that the committees and      external stakeholders have put into finding a thoughtful solution. 
  • Therapy cap repeal,  although an "extender" directly impacts patient's access to  necessary rehabilitation needed after a brain injury to treat many chronic conditions. 
  • Therapy cap repeal legislation has consistently garnered significant bipartisan support with 225 cosponsors in the 113th Congress. 
  • The committees of jurisdiction and therapy community last year came up with a repeal policy that would replace the therapy cap with a more appropriate utilization control that would cut the cost of full repeal by 1/3. 
  • Without a permanent fix  through SGR, there would be no vehicle in the future to address this issue      which is a barrier to patient access to rehabilitation effecting 1 million  beneficiaries each year.
  • Therapy cap repeal provisions included by the Senate Finance committee SGR bill last year must be      included in any SGR repeal moving forward

Please call your Representative TODAY and help prevent implementation of a hard cap on therapy services before March 31, 2015. 


March 16, 2015 | Permalink | Comments (0) | TrackBack