Brain Injury Lawyers and Law
Metro North Train Accident Victims Need to Act Quickly To Protect Their Rights
The tragic metro north rail accident in the Bronx earlier this week will undoubtedly lead to law suits on behalf of the injured victims. But, the victims need to know that there are special Laws in New York which require that a Notice of Claim be filed within 90 days of the train accident against both Metro North and the MTA to preserve their right to comence a law suit. Unless this written notice of claim is filed, the victims will be precluded from suing for their injuries.
I was interviewed in an article appearing in today's Journal News regarding this train accident.
Brain Injury Association Information, Brain Injury Lawyers and Law, Brain Injury Legislative News
Legislative Update from the Brain Injury Association of America
The following is the November 2013 legislative and policy update from the Brain Injury Assocation of America (BIAA):
TBI Act Reauthorization 2013
The Brain Injury Association of America along with the TBI Act stakeholders, National Association of State Head Injury Administrators (NASHIA) and National Disability Rights Network (NDRN), continue to work with Senate staff on reauthorization. The TBI Act should be introduced in the Senate this fall. National Conference on Youth Sports Safety BIAA was invited to participate in the first National Conference on Youth Sports Safety in Washington DC. The conference was led by Dr. David Satcher, the 16th U.S. Surgeon General. Dr Satcher is currently the Director of the Satcher Health Leadership Institute. The Protecting Athletes and Sports Safety (PASS) initiative seeks to initiate a sustained national conversation on changing the culture of sport so we can better protect our young athletes. PASS will continue to bring together the nation's thought leaders to take the discussion to the next level. Over the next two years, the conversation will lead to the development of a set of national guidelines that identify best practices proven to help 1) significantly reduce youth sports injuries including concussion and 2) provide parents with information they need to make good decisions about involving their children in youth sports. BIAA looks forward to working with PASS to make all sports safer for student athletes.
This week BIAA attended the Nondefense Discretionary (NDD) United Congressional Briefing. NDD United is a campaign of 3,200 national, state, and local organizations working to protect nondefense discretionary investments. As we enter into the next critical phase of budget negotiations, we are urging Congress to replace sequestration with a balanced approach to deficit reduction.
Future Care Coalition
BIAA continues to lead the Future Care Coalition with United Spinal Association meeting with the Office of Financial Management at the Centers for Medicare and Medicaid Services (CMS) to inform them of our concerns related to the Advanced Notice of Proposed Rule Making (ANPRM) for Medicare Secondary Payer Future Medicals. In the ANPRM, CMS proposed 7 options for a beneficiary to reimburse CMS for future medical costs. The Future Care Coalition believes there needs to be strong protections in place for the beneficiary in terms of access to care if CMS were to move forward with collecting future medical costs. The rule is currently at the Office of Management and Budget (OMB) where it is reviewed by OMB staff. BIAA and other members of the Future Care Coalition met with OMB staff to share our concerns about the ANPRM as they move through the review process. The coalition continues to meet with Congressional offices to build Champions on the hill related to this important issue. BIAA and members of the coalition met with staff in Reps. Jenkins (R-KS) and Kind (D-WI) and Sens. Kirk (R-IL) and Portman (R-OH) during the past week.
Centers for Medicare and Medicaid DMEPOS Bidding Program
BIAA was invited to participate in a meeting with the Centers for Medicare and Medicaid (CMS) that was led by United Spinal Association and the Independence through Enhancement of Medicare and Medicaid (ITEM) Coalition which BIAA is a member of to educate CMS regarding the DMEPOS bidding program that provides wheelchairs to Medicare beneficiaries. Wheelchair suppliers also attended the meeting. Even though CMS has opened up the rules to allow non-contract suppliers to repair wheelchairs in addition to contract suppliers, there is no enforcement of non-contract suppliers making repairs for those that need them. The implementation of the bidding program is an added obstacle in ensuring affordable, quality coverage and access to critical medical equipment, supplies and related services to an already vulnerable population; seniors and people with disabilities that must rely on a smaller number of providers for their medical equipment.
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Veterans with brain injuries, how to obtain benefits
The Brain Injury Association of New York State (BIANYS) has scheduled in new webinair, “Overview of Benefits for Veterans with Brain Injury” for Friday, November 22, 2013 from 1:00-2:15 p.m. EST. This webinar will provide an overview of benefits available to Veterans who have sustained a TBI, their families and caregivers. For more information and to register, click here
Brain Injury & Concussions, Brain Injury and Sports, Brain Injury Lawyers and Law
The injustice of the NFL brain injury settlement
Today's New York Times reports, Many Ex-Players Many Be Ineligible to Share in Concussion Settlement.
it is shameful that this settlement excludes players suffering the effects of the post concussion syndrome, complicated mild traumatic brain injury and cognitive, behavioral and emotional difficultes that do not impair all of their activities of daily living.
I am honored to have been consulted and quoted in this story. Click here.
Brain Injury and Sports, Brain Injury Broadcasts, Brain Injury Lawyers and Law
In response to NFL Commissioner Goodell
I am honored that the Huffington Post has published the response of Shana De Caro, chair-elect of the traumatic brain injury litigation group and myself “Players and Public Lose While NFL Reigns Victorious,” to
Commissioner Goodell’s recent comments on the NFL settlement and the amazing expose on what the NFL knew and when they knew it which aired last night on PBS, Front Line documentary, “League of Denial”
Brain Injury and Sports, Brain Injury Lawyers and Law
A critical investigative report on what the NFL knew and when it knew it-The concussion crisis in professional football
A documentary produced by FRONTLINE which promises to be a critical analysis of the concussion crisis in the NFL is scheduled to be aired on Tuesday, October 8th, beginning at 9 PM, EST. The film entitled, “League
of Denial” has already received a great deal of publicity based upon the abrupt withdrawal of joint sponsorship by ESPN. News reports suggest that ESPN was pressured by senior NFL officials to end their association with this film.
In the film, FRONTLINE investigates the hidden story of the NFL’s response to head injuries. Through interviews with former players, scientists and other experts on the concussion issue, it examines what the NFL knew about the risks of such injuries, and when it knew it.
You can learn more and see previews by clicking here.
Brain Injury and Sports, Brain Injury Lawyers and Law, Brain Injury Prevention
Youth football is not as safe as NFL wants you to believeToday's edition of USA Today has an important story on youth football and the spin that the NFL wants to place on safety. You can read my comments quoted in the story and the story by clicking here.
Brain Injury & Concussions, Brain Injury Association Information, Brain Injury Events, Brain Injury Lawyers and Law, Brain Injury Prevention
Concussion Management Protocol For Schools-Webinair
The Brain Injury Association of New York State (BIANYS) is offering a free webinar: From the Desk of the School Nurse: How to Implement A Concussion Management Protocol.
Time and date: Wednesday, August 28, 2013, 11:00 a.m. - 12:15 p.m. (EDT)
Overview: The presenter, Patricia McLaughlin, RN, will focus on the importance of taking a multi-disciplinary team approach to concussion management and how best to implement a concussion management protocol in a school district setting. Patricia McLaughlin is a parent and a registered nurse with 25 years of experience. She is a current member of the staff at Albany Medical Center Coronary Care Unit. Mrs. McLaughlin also works as a full-time school nurse at Pine Bush Elementary School K-5, where she has been for 6 years.
For more information, please click here
Brain Injury & Concussions, Brain Injury and Sports, Brain Injury Lawyers and Law
Warning Labels on Football Helmets
Today’s New York Times contains an interesting and important article on football helmets and the fact that they do not prevent players from sustaining a traumatic brain injury.
It is always an honor to be quoted in an article in the New York Times. Warning Labels on Helmets Combat Injury and Liability
Brain Injury Lawyers and Law
Time is brain--Know the symptoms of a stroke and get prompt care
Stroke is the fourth-leading cause of death in the United States and the number one cause of disability. According to the Centers for Disease Control, each year an estimated 795,000 people in this country experience a stroke. the No. 1 cause of adult disability?
Did you know that approximately 20 percent of strokes occur in people younger than age 55, and over the past decade?
But, prompt action can greatly reduce the risk of severe disability and death following a stroke. It is important to recognize the signs of a stroke and get the victim to a hospital so that prompt treatment can be instituted. There is now an accepted FDA approved medication known as TPA, a clot busting drug which if administered within the first several hours following a stroke can lead to full recovery.
If you see any one of these "Five Sudden, Severe Symptoms," call 911 -- regardless of the victim's age.
• Sudden numbness or weakness of the face, arm or leg on one side of the body.
• Sudden confusion, trouble speaking or understanding.
• Sudden trouble seeing on one side.
• Sudden, severe difficulty walking, dizziness, loss of balance or coordination.
• Sudden, severe headache with no known cause.
It is important to emphasize the words "sudden" and "severe" and the number "one." Any of these symptoms can occur in a mild, fleeting way and not be worrisome, but if any one of them comes on suddenly and is quite severe, it could signal the onset of a stroke, which increasingly is described as a "brain attack," because like a heart attack, a stroke requires immediate action to improve the odds against disability and death.
The medical profession has a saying, Time is brain. The crucial element is time. Rapid transport to a hospital and followed by rapid administration of the clot busting drug greatly improves the chances for a better outcome.