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 Lawyers and Law

Tractor Trailer and Bus Crashes lead to tragic injuries

Tractor-trailer bus collisions are among the worst that occur on busy American highways.  Because of the relative size of the two vehicles in such a collision, the injuries are catastrophic, often with deadly consequences.

It is essential for anyone injured in such a devastating collision to seek competent legal counsel immediately, to protect his or her rights and the rights of their entire family.   Too often people wait to retain counsel, believing that the owners of the bus and tractor-trailer companies will do the right thing.  In most cases, the transportation companies and their insurance carriers are at the scene looking for any loophole to escape responsibility.  This is why it is essential that victims of these horrific crashes hire the most experienced crash/collision personal injury lawyers to handle their case, attorneys with proven records of accomplishment.

At DeCaro and Kaplen, LLP, our partners have dedicated their lives to representing victims of bus and tractor-trailer crashes.  Most recently, our New York personal injury attorneys Shana De Caro and Michael Kaplen, in collaboration with New Jersey personal injury lawyers Robert Bratman and Michael Donahue of Stark and Stark, represented an Indian family in the United States for a summer vacation when their tour bus was involved in a violent crash on its way to Niagara Falls The bus left the roadway, rolled over and proceeded into the woods.  Our lawyers are founding members of the prestigious interstate bus accident litigation group. 

When the tour bus came to a stop, one member of the family was dead and two were seriously injured.  Our lawyers quickly filed suit and brought our combined knowledge and experience in this area of litigation to bear in hiring the leading experts in the field of bus and tractor-trailer crashes.  Even though these clients lived thousands of miles from the site of the crash and the location of the lawsuit, they were informed at all stages of the legal battle fought on their behalf in the American Courts.  Almost two years from the date of this tragic collision, justice was achieved for the Indian family in the form of a multimillion-dollar settlement. The perseverance of the attorneys at De Caro & Kaplen, LLP  and Stark and Stark combined as a matchless legal team.

 

Recent events involving tour bus crashes emphasize the need to retain competent legal counsel without delay,   For legal assistance contact the our bus crash attorneys toll free at    1 866 272 4652.  Further information on our firm can be obtained at http://brainlaw.com/vehicle-accident-lawyers/  You can email us at Michael@brainlaw.com

 

 

 

 

June 4, 2015 | Permalink | Comments (0)

Brain Injury Lawyers and Law

Congratulations to New York Personal Injury Lawyer, Shana De Caro

Congratulations to my partner, Shana De Caro who was selected as a Top Women Attorney in Metro New York as published in New York Times, March 2015

Shana is also a member of the Board of Directors of the Brain Injury Association of America and the Board of Directors of the New York State Academy of Trial Lawyers.  She has been named a New York Super Lawyer for the past two years by her peers.

Together our practice consists of representing individuals who have sustained severe personal injury and brain damage as a result of motor vehicle accidents, bus and truck collisions, construction site accidents, unsafe buildings, medical malpractice and hospital malpractice.

More information on our practice can be obtained at De Caro & Kaplen, LLP

De Caro super laywer plaque (3)

May 4, 2015 | Permalink | Comments (0) | TrackBack

Brain Injury and Sports, Brain Injury Events, Brain Injury Lawyers and Law, Brain Injury Prevention

Team Physician: Legal Liability for Concussions and Brain Injury

 

I am honored to be able to address The American Association of Neurological Surgeons (AANS) 83rd Annual Scientific Meeting on Saturday, May 2, 2015 in Washington, D.C.

 

I will address this prestigious group of neurosurgeons on their role and legal responsibility for concussion and brain injury upon assuming the role of a team physician for youth sports.

 

My presentation is part of a half day special session “Neurosurgeon Team Physician” designed to provide an introduction for practicing neurosurgeons to become involved in the care of athletes in their community. Presenters will discuss topics such as concussion diagnosis and management, pre-participation screening for neurologic conditions, sideline and game management, how to work with athletic trainers and other sports medicine providers and spine and peripheral nerve problems in athletes.

 

According to the Centers for Disease Control (CDC), an estimated 248,418 children (age 19 or younger) were treated in U.S. emergency departments (ED) for sports and recreation-related injuries that included a diagnosis of concussion or TBI.  From 2001 to 2009, the rate of ED visits for sports and recreation-related injuries with a diagnosis of concussion or TBI, alone or in combination with other injuries rose 57% among children (age 19 or younger).

 

  

April 28, 2015 | Permalink | Comments (0) | TrackBack

Brain Injury & Concussions, Brain Injury and Sports, Brain Injury Lawyers and Law, Brain Injury Legislative News, Brain Injury Prevention

NY Times Editorial--Parents Need to Make Important Decisions When It Comes to the Risk of Head Injury and Brain Damage

Today's New York Times contains an important editorial on the silent dangers of concussions while engaged in any contact sport.  http://snip.ly/Bwhl

Here is a portion of that editorial:

Beyond the pro game, the decision by Mr. Borland to quit after one season to protect his health should be carefully noted by parents of the hundreds of thousands of youngsters eager to play each year at the peewee, high school and college levels. Research published in January in the medical journal Neurology found that former professionals who started playing before the age of 12 performed “significantly worse” in mental dexterity tests than those who began tackle football later, according to a study by the Boston University School of Medicine. Even in the absence of diagnosed concussions, high school players showed measurable brain changes after just a single season of tackle play, according to a separate study last December by the Wake Forest School of Medicine.

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

Brain Injury and Sports, Brain Injury Lawyers and Law

Then dangers of football encompass more than CTE

I am honored to have been consulted by the New York Daily News for my opinions on the dangers of brain injury while playing professional football.   

March 19, 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.

WHAT YOU CAN DO - CALL YOUR HOUSE REPRESENTATIVE AND ASK FOR THE HEALTH LEGISLATIVE ASSISTANT: 

US Capitol Switchboard (202) 224-3121

 

MESSAGE:

  • 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

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

March 2015 Brain Injury Legislative Summary

The Brain Injury Association of America has prepared the following federal legislative summary:

Brain Injury Awareness Day on Capitol Hill

Please join the Congressional Brain Injury Task Force, chaired by Reps. Bill Pascrell, Jr. (D-N.J.) and Tom Rooney (R-Fla.), and the Brain Injury Association of America for Brain Injury Awareness Day on Capitol Hill on Wednesday, March 18, 2015. The schedule of events for the day:

10:00 a.m. - 2:00 p.m.         Brain Injury Awareness Fair
First Floor Foyer of the Rayburn House Office Building                                                      

2:30 p.m. - 4:00 p.m.           Briefing: Finding a "New Normal": Post-Injury Supports and Services That Make a Difference
121 Cannon House Office Building

5:00 p.m. - 7:00 p.m.           Reception Celebrating Brain Injury Awareness Month 
B-339 Rayburn House Office Building

 

BIAA's President/CEO Presents on behalf of the Coalition to Preserve Rehabilitation

Susan Connors, president/CEO of the Brain Injury Association of America, joined with members of the Coalition to Preserve Rehabilitation in presenting to attendees of the American Medical Rehab Providers Association spring meeting in Washington, D.C. Ms. Connors described the challenges individuals with brain injury and their family members experience when trying to access post-acute rehabilitation at inpatient rehabilitation hospitals and units as well as residential rehabilitation facilities and out-patient clinics.

BIAA serves on nine advocacy coalitions in Washington, D.C. and serves as a steering committee member for the Coalition to Preserve Rehabilitation (CPR). The CPR is a coalition of national consumer, clinician, and membership organizations with the goal of preserving access to rehabilitation services. CPR advocates for policies that ensure access to rehabilitative care so that individuals with disabilities, injuries, or chronic conditions may regain and/or maintain their maximum level of independent function.

Therapy Cap Repeal Legislation Introduced in the United States Senate

This week, a bill to amend title XVIII of the Social Security Act to repeal the Medicare outpatient rehabilitation therapy caps, S. 539, was introduced in the  by Sen. Ben Cardin (D-Md.). The bill is cosponsored by Sens. Susan Collins (R-Maine) and Mark Kirk (R-Ill.).

The House of Representatives recently introduced legislation to fully repeal the current monetary caps on Medicare therapy services. The Medicare Access to Rehabilitation Services Act, H.R. 755, led by Reps. Charles Boustany (R-La.), Xavier Becerra (D-Ca.), Marsha Blackburn (R-Tenn.), and Lois Capps (D-Ca.), would permanently remove the limits that Medicare places on physical and speech-language therapy combined and occupational therapy. While there is an exceptions process designed for medically necessary therapy, it has been a burden and insufficient to protect access to care. 

The Brain Injury Association of America works with the Therapy Cap Coalition in Washington D.C. throughout the year to repeal the therapy cap. BIAA grassroots has played a key role in the work to repeal the therapy cap. Please contact your Member of Congress today and ask him or her to address a permanent solution to the Medicare therapy caps before March 31, 2015, when the current exceptions process will expire. You can reach your representative by calling the Capitol Switchboard at 202-224-3121.

March 2, 2015 | Permalink | Comments (0) | TrackBack

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

New York Personal Injury Lawyer Shana De Caro elected to Board of Directors-Brain Injury Association of America

I am pleased to announce that my partner, Shana De Caro, Esq. has been elected to the Board of Directors of the Brain Injury Association of America. Shana and I practice law together in the New York personal injury law firm, De Caro & Kaplen, LLP.  For over 30 years our nationally recognized personal injury law firm have represented individuals and their families following brain injury and other catastrophic injuries caused by vehicular, premises, construction accidents and medical malpractice.

 

Shana also serves as the Chair of the Traumatic Brain Litigation Group of the American Association for Justice and is the Secretary and a Trustee of the Civil Justice Foundation, Board of Trustees. She is a Fellow of the Litigation Counsel of America, Trial Lawyer Honorary Society and services as a member of the Advisory Board, Acquired Brain Injury Program, The George Washington University, Washington, D.C., Graduate School of Education and Human Development.  

 

Shana is a member of the Board of Directors of the New York State Academy of Trial Lawyers and is an elected Fellow of the Melvin Belli Society.  She has been selected as a New York Super Lawyer.

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

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

Brain Injury Awareness Day on Capitol Hill—March 18, 2015

The Congressional Brain Injury Task Force and the Brain Injury Association of America have set aside Wednesday, March 18, 2015 as Brain Injury Awareness Day on Capitol Hill.

 

The schedule of events for the day is:

10:00 a.m. - 2:00 p.m.
Brain Injury Awareness Fair
First Floor Foyer of the Rayburn House Office Building                                                                               

2:30 p.m. - 4:00 p.m.
Briefing: Finding a "New Normal": Post-Injury Supports and Services That Make a Difference 
121 Cannon House Office Building

5:00 p.m. - 7:00 p.m.
Reception Celebrating Brain  Injury Awareness Month
B-339 Rayburn House Office Building                                   

Plan to attend to network with other national and federal agencies and to visit with your Members of Congress regarding key issues affecting brain injury. The Brain Injury Association of America web site under government affairs will post further information.

 

February 6, 2015 | Permalink | Comments (0) | TrackBack