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

May 19, 2016 | Permalink | Comments (0)

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.

April 29, 2016 | Permalink | Comments (0)

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

April 18, 2016 | Permalink | Comments (0)

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

March 16, 2016 | Permalink | Comments (0)

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.

March 14, 2016 | Permalink | Comments (0)

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.

Contact Shana

Her full CV can be viewed here

More information can be obtained about De Caro & Kaplen by visiting their web site brainlaw

January 4, 2016 | Permalink | Comments (0)

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’


December 20, 2015 | Permalink | Comments (0)

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.    

December 17, 2015 | Permalink | Comments (0)

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

Roger Goodell Jokes About Concussions

A concussion is a brain injury.  NFL Commissioner Roger Goodell should know better.

Concussions are no laughing matter.  Read my sentiments in this New York Daily News Article.


December 10, 2015 | Permalink | Comments (0)

Brain Injury Lawyers and Law

De Caro & Kaplen, LLP Obtain $4.5 Million Dollar Settlement for Stroke Victim in Medical Malpractice Lawsuit

A New York medical malpractice lawsuit for a stroke victim has resulted in a settlement of $4.5 million dollars because of the legal work performed by New York medical malpractice attorneys Shana De Caro and Michael V. Kaplen.

Our firm achieved a $4.5 million settlement for our client, who at age 63 suffered a massive stroke following improper treatment for his paroxysmal atrial fibrillation and improper treatment at the emergency department of a local hospital.

We established our client was suffering from long standing paroxysmal atrial fibrillation, (AFib), a common heart condition in which the heart periodically deviates from normal rhythm. Frequently a patient with AFib experiences fatigue, heart fluttering, dizziness, chest pain and other signs that alerts him/her of the irregular heartbeat. There is effective medication that can control a patient’s heart rhythm and reduce the risk of stroke.  If untreated, however, this condition can cause an accumulation of blood in the heart’s atrial chamber causing increased risk of an embolus (a blood clot that breaks off) and places an individual at a higher risk of a stroke. 

Our client was seen by a cardiologist, seeing patients for his own vacationing doctor (who were both part of the same medical group), during an emergency appointment for symptoms of an irregular heartbeat. In the past when he experienced AFib he was placed on a well-known anti-coagulation (blood thinning) medication, Coumadin (also known as Warfarin).  On this visit, the cardiologist, ignored his past medical history (including a prior TIA and hypertension), and past successful treatment with Coumadin. This physician negligently determined plaintiff was at a low risk for a stroke and improperly placed the patient on a high dose of aspirin therapy with instructions to schedule a follow up visit one week later. 

We established it was medical malpractice not to prescribe Coumadin and instead place our client on aspirin therapy.  New York medical malpractice lawyers, Shana De Caro and Michael Kaplen also proved that the cardiologist was negligent in not recommending the patient return in two days to follow up and alert the patient’s regular cardiologist of this emergency visit.

One week later, when the patient returned for his scheduled examination by his regular cardiologist he was still in AFib and was immediately placed on Coumadin and sent him home.  Our malpractice attorneys proved his treating cardiologist committed malpractice because he failed to recognize that Coumadin would not reach therapeutic (beneficial) levels for several days. Considering his history of one week of AFib, he should have prescribed a rapid action blood thinning medication, Heparin to bridge the gap until Coumadin reached a therapeutic level. 

The combined failures of both cardiologists diminished plaintiff’s chances for a better outcome.

Predictably and unfortunately, twenty four hours after this second visit, the plaintiff suffered a stroke in his home and was immediately transported by ambulance to a local hospital certified stroke center.  Although emergency department doctors established he was a candidate for the stroke busting agent, tPA, they incorrectly administered an experimental stroke busting medication, Tenecteplase (TNK) generally used for acute myocardial infarction, not stroke.  

It is well-known that tPA is the only FDA approved medication for a stroke. The medication works to rapidly dissolve the blood clot that develops in the brain and reduces brain damage that may develop due to impaired blood flow and decreased oxygen reaching brain tissue.  Effective treatment requires that tPA be administered within 4 ½ hours after signs of a stroke develop.  Plaintiff’s stroke was witnessed by his wife and he arrived at the Emergency Department well within the window of opportunity for treatment. When timely administered, tPA significantly improves the changes for a good outcome.  The emergency department doctors committed medical malpractice by ignoring the recommended time for administering tPA to a patient with obvious signs of a stroke who reached the hospital within 4 ½ hours of the stroke’s onset.

After discovery of the medication error, plaintiff was transferred on an emergency basis to a university hospital hoping they would perform an embolectomy, (a surgical procedure sometimes used to mechanically open the blockage in the blood vessel) within the brain causing the stroke.   Unfortunately, even after the emergency arrangements were made, the stroke team at the university hospital was not notified for an hour.  When they finally arrived a repeat CT study demonstrated the patient’s stroke was too large to perform this embolectomy. It was too late.

Because of his stroke Plaintiff suffered hemiparesis (paralysis) and aphasia (word finding difficulties) requiring full time care at home.

The treating cardiologists contributed their policy limits of $3.5 million dollars; hospital number one contributed $750,000 and hospital number two contributed $250,000 to the final settlement.  It was agreed there would be no disclosure of the identities of the parties.

The case was prosecuted by New York personal injury and malpractice attorneys, Shana De Caro, immediate past chair of the Traumatic Brain Injury Litigation Group, a member of the Board of Directors of the Brain Injury Association of America and Michael V. Kaplen, a member of the Board of Directors of the American Board of Professional Liability Attorneys and a Professorial Lecturer in Law at The George Washington University Law School. 

If you or your loved one suffered injuries because of the careless or negligent conduct of a doctor or hospital, you may be entitled to compensation. Contact the law firm of De Caro & Kaplen, LLP for a free, no obligation, consultation.  Our personal injury attorneys have been representing victims of medical negligence for over 35 years.

December 9, 2015 | Permalink | Comments (0)