Brain Injury and Sports, Brain Injury Lawyers and Law
NFL to Impose Penalties for Teams that Fail to Follow Concussion Protocols
Borrowing from what i have frequently lectured and written about, the New York Times has reported today that the NFL has finally decided that the only way to enforce their concussion protocols is to impose strict penalties upon teams that fail to follow them.
The New York Times article, NFL Introduces New Rules to Back It's Concussion Protocols reports that the league intends to punish teams that do not follow concussion testing measures and allow players to return to play prematurely by imposing heavy monetary fines and other penalties including losing draft picks.
The NFL has a long history of failing to provide adequate protection to players following a concussion. Just creating protocols with no enforcement is not sufficient.
The NFL still needs to go further and enforce its own rules pertaining to illegal hits and other conduct which promotes head trauma. Players who engage in prohibited conduct need to be ejected from the game, fined and perhaps even suspended for the remainder of the season. Brain injuries and conduct that causes these injuries must become a league priority. Five yard penalties are not enough.
Brain Injury and Sports, Brain Injury Lawyers and Law, Brain Injury Legislative News
NFL: Did they get away with "murder"-- NFL Settlement Upheld by Third Circuit Court of Appeals this afternoon
Unfortunately, the Third Circuit Court of Appeals this afternoon denied the request for an En Banc hearing to re-examine the settlement reached by the NFL and the class action attorneys purportedly representing the interests of 20,000 players. Any chance of the Supreme Court agreeing to hear this case is slim to none. What does all this mean? It means that the truth may never be told and the NFL is getting away with "murder"? With this decision the truth may never be discovered regarding what the NFL knew, when did they know it, and how did they hide it? Read story on line in New York Times. Appeals Court Won’t Revisit N.F.L. Concussion Settlement
Brain Injury Association Information, Brain Injury Lawyers and Law, Brain Injury Legislative News
Neuro-Data Bill Needs Your Support--Critical Action Alert
We have been requested to circulate the following action alert by the Brain Injury Association of America (BIAA)
Brain injury advocates have helped get the Advancing Research for Neurological Diseases Act (S. 849) further than it has ever advanced in the U.S. Senate. This bill would establish a data collection system to track the incidence and prevalence of neurological diseases including brain injury. Having passed committee unanimously in February, the next few weeks are critical in determining whether the Senate will bring the bill-along with other medical innovations bills-to the floor for a vote.
Email or call your U.S. Senators today to urge them to continue working in a bipartisan fashion to bring the medical innovations bills-including S. 849-to a vote. To find your Senators contact information including email address click here. Or call your Senators. Call the Capitol Switchboard at 202-224-3121.
Sample Email/Script Language
As a person with a brain injury or brain injury advocate or brain injury professional and constituent, I am contacting you today to ask that you help bring the Senate's medical innovations package to the floor and vote YES on the package. The policy proposals found in this legislation are bipartisan and were passed by the Senate's Health, Education, Labor, and Pensions (HELP) Committee. Of particular importance to people affected by brain injury and other neurological conditions and diseases is inclusion and passage of the Advancing Research for Neurological Diseases Act (S. 849).
Emerging therapies offer promise of cures for life-threatening diseases such as brain injury, Alzheimer's, MS, cancer, Parkinson's, and others. We are on the cusp of personalized medicine that takes into account a patient's unique genetic, environmental, and lifestyle factors. We must ensure research and regulatory institutions can keep pace. This pending legislation would streamline and modernize the biomedical research pipeline, and help bring new, safe and effective treatments and cures to Americans.
I am particularly grateful that the medical innovation bill includes S. 849-which would establish a data collection system to track the incidence and prevalence of neurological diseases. This system will provide a foundation for evaluating and understanding aspects of neurological diseases on which we currently do not have a good grasp such as the geography of diagnoses, variances in gender and disease burden-also helping expedite our path to cures.
I respectfully request you advocate to your colleagues to bring the Senate's medical innovations package including S.849 to the Senate floor and vote YES for this important legislation.
Your Name and Signature
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 & 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 Association Information, Brain Injury Events, Brain Injury Lawyers and Law, Brain Injury Legislative News
New York State Brain Injury Advocacy Day
The Brain Injury Association of New York State (BIANYS) has scheduled its first Brain Injury Advocacy Day for Wednesday, March 23 in Albany, New York.
Advocates will be traveling to Albany from all around the state to help legislators understand that many New Yorkers with brain injury need comprehensive, coordinated long-term care, and that changes proposed by the state Department of Health could lead to harmful service cuts for these individuals.
Your voice and participation in this event is important to alert your legislators to the importance of protecting the rights of victims of brain injury.
To join the Brain Injury Association of New York in Albany on March 23rd, please click here to for further information and to register.
Brain Injury Association Information, Brain Injury Lawyers and Law
Shana De Caro reelected to Brain Injury Association of America Bd of Directors
De Caro & Kaplen, LLP is pleased to announce that Shana De Caro has been reelected to a three year term to the Board of Directors of the Brain Injury Association of America.
Founded in 1980, the Brain Injury Association of America is the oldest, largest, non-profit nationwide brain injury advocacy group. Serving as a member of their Board of Directors is an honor recognizing the years Shana has devoted as a dedicated advocate seeking to improve the lives of persons with a brain injury.
Shana’s practice focuses on representing victims of catastrophic injuries, traumatic brain damage, and medical malpractice in federal and state courts across the country.
Shana is a featured speaker throughout the United States in areas of traumatic brain injury, personal injury, and medical malpractice. In addition to serving on the Board of Directors of the Brain Injury Association, she also serves as member of the Board of Directors of the New York State Academy of Trial Lawyers, as Secretary and member of the Board of Trustees of the Civil Justice Foundation, and an elected Fellow of the Melvin Belli Society. Shana is the immediate past chair of the American Association for Justice, Traumatic Brain Injury Litigation Group.
Shana’s legal work in the field of traumatic brain injury includes publication of a chapter of Psychiatric Clinics of North America special edition on brain injury and the New York Law Journal expert column on traumatic brain injury law.
Her full CV can be viewed here
More information can be obtained about De Caro & Kaplen by visiting their web site brainlaw.
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.