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

Increased Funding Needed for Federal Brain Injury Programs

The Brain Injury Association of America (BIAA) submitted written testimony this week to the House Appropriations Subcommittee on Labor, Health and Human Services, Education, and Related Agencies calling for increased fiscal year 2018 appropriations for Traumatic Brain Injury (TBI) Act programs, including the state grant program, and for TBI Model Systems research funded by the National Institute on Disability, Independent Living, and Rehabilitation Research (NIDILRR).

The TBI Act, which was originally passed in 1996 and reauthorized in 2008 and 2014, is the only federal law that specifically addresses the needs of the growing population of TBI survivors.

The programs authorized under the TBI Act provide public awareness and education through the CDC and State TBI care capacity-building and protection, legal, referral, and advocacy services at the Administration for Community Living. Furthermore, the TBI Model Systems of Care at the National Institute on Disability and Rehabilitation Research (NIDRR) represent a vital national network of TBI research and expertise—providing the only source of non-proprietary longitudinal data on TBI experiences and a key source of evidence-based medicine.

Critical funding is also required for the CDC to establish and oversee a national surveillance system to accurately determine the incidence of concussions, particularly among the most vulnerable of Americans—our children and youth

March 13, 2017 | Permalink | Comments (0)

Brain Injury Events, Brain Injury Lawyers and Law, Brain Injury Rehabilitation

Brain Injury College Scholarship in Honor of Brain Injury Awareness Month

The brain injury attorneys at DE CARO & KAPLEN, LLP, are pleased to offer a scholarship for a student who is a survivor of traumatic brain injury and is pursuing a college education. Full scholarship details and the application can be viewed at our web site, De Caro & Kaplen, LLP

Please feel free to share this information on your web site.

Every year our partners, Shana De Caro and Michael Kaplen, devote their time and dedicate a portion of our firm’s fees to brain injury education, prevention and advocacy. We are nationally recognized for our leadership roles in the field of brain injury law. Shana De Caro is a member of the board of directors of the Brain Injury Association of America. Michael V. Kaplen is three term past president of the Brain Injury Association of New York State. Shana and Michael have each served as chairperson of the American Association for Justice Traumatic Brain Injury Litigation Group.   We have created a brain injury scholarship to assist survivors of traumatic brain injuries who want to pursue a college education.

Our attorneys help people who have sustained brain damage caused by all types of accidents. As advocates for people with a brain injury and their families, we have witnessed the incredible hardships they have endured and the dedication and determination that are necessary to help rebuild their lives. We want to recognize an individual’s hard work and perseverance in living with a brain injury and pursuing his/her dreams and goals.

This scholarship is an important reminder that each and every person who has sustained a traumatic brain injury is an individual, not just a statistic. Today many industries place profits over safety, such as the trucking and motor vehicle industry, construction industry, negligent doctors, and sports organizations, both professional and school or community-based. We lose sight of the full impact these injuries have on both the individual and family.   A life can be changed in an instant.

In honor of Brain Injury Awareness Month a scholarship of $ 1,000 will be awarded to one applicant for the year 2017.

Full details and the application can be viewed at: brainlaw.com

 

March 4, 2017 | Permalink | Comments (0)

Brain Injury and Sports, Brain Injury Latest Medical News, Brain Injury Lawyers and Law

CTE Found in Brains of Retired Soccer Players

Chronic Traumatic Encephalopathy (CTE) has been found for the first time in the brains of retired soccer players in a new study published in the Feb 14th edition of the journal Acta Neuropathologica.

Researchers examined the brains of six retired soccer players who were diagnosed with dementia. All six were found to have Alzheimer’s disease and four of the six were found to have evidence of CTE.

Although prior studies have found links between CTE football and boxing caused by repetitive head trauma, this study confirms the link between CTE and soccer.

February 16, 2017 | Permalink | Comments (0)

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

NFL Players Must Register to be Eligible for NFL Settlement Benefits

The federal judge presiding over the NFL concussion settlement case at a hearing earlier this week reminded players that they must register for the settlement by August 7th to be eligible for any benefits. Awards cover ALS, Parkinson’s disease, dementia and some deaths for players diagnosed with chronic traumatic encephalopathy (CTE). The settlement does not provide any cash benefits for those players suffering with the post concussive syndrome, but players should still register and be tested to be eligible for benefits if their conditions worsen. Registration information is available by at the official settlement website

February 13, 2017 | Permalink | Comments (0)

Brain Injury and Sports, Brain Injury Lawyers and Law, Brain Injury Legislative News

National Hockey League (NHL) Disputes Research on CTE--Give Me a Break

The National Hockey League is taking a page from big tobacco in challenging the research on chronic traumatic encephalopathy (CTE) and its link to repetitive head trauma. See article from New York Times, The N.H.L.’s Problem With Science. How can NHL condone fighting as part of sport? Time for Congress to shine the spotlight on NHL!

February 10, 2017 | Permalink | Comments (0)

Brain Injury and Sports, Brain Injury Lawyers and Law

NFL Concussion Settlement: Players are again being victimized

Vultures are circling to take advantage of NFL players in concussion settlement. Read article in today’s New York Times ,Lender Deceived Ailing N.F.L. Retirees, Suit Claims  including my comments on these predators.

February 8, 2017 | Permalink | Comments (0)

Brain Injury Lawyers and Law, Brain Injury Rehabilitation, Coma Recovery

Why restricting care to brain injury victims makes no sense

This week, Professor Joseph Fins wrote an article advocating for the rights of brain injury victims.  The article entitled, Why advances in treating those with brain injuries require advances in respecting their rights is a worthwhile read.

Some important comments that need repeating:

[A]fter gratitude for a life that has been saved, the truly difficult part begins. Patients and families face a slow-paced and often fickle recovery. Tragically, this phase is often made more challenging by the burden of poorly designed insurance coverage.

Families struggle to get their loved ones needed rehabilitation. If they do get rehabilitation, it is often too short to make a difference. Indeed, if patients are too slow to demonstrate improvement, services can be cut off because of stringent “medical necessity” admission criteria, often from third-party insurers.

This cutoff makes no sense. if we don’t know how long it takes the injured brain to heal, how do we know the pace is too slow? In the end, the vast majority are placed in a nursing home or institution, which is euphemistically called “custodial care.”

It's time that insurance companies provide the care to brain injury victims that they deserve.  Anything less is a violation of their rights.

January 29, 2017 | Permalink | Comments (0)

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

Brain Injury Association of America Submits Amicus Brief Today to United States Supreme Court To Reject NFL Concussion Settlement

I am pleased that the amicus brief that Shana De Caro and I wrote was submitted today on behalf of the Brain Injury Association of America to the United States Supreme Court in support of the Petition for a Writ of Certiorari to reject the NFL class action concussion settlement.

"This action, commenced for the multi-faceted repercussions of brain damage as a result of longstanding NFL misconduct, fails to compensate the majority of players who have suffered the devastating and enduring effects of traumatic brain injury.   The court has an obligation to protect the entire class based upon well-researched, recognized, and cogent medical science. Any settlement that does not, should be rejected as unfair and contrary to the best interests of the majority of class members." BIAA Supreme Court Amicus Brief Cover Page

 

 

October 26, 2016 | Permalink | Comments (0)

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. 

July 26, 2016 | Permalink | Comments (0)

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

June 1, 2016 | Permalink | Comments (0)