Brain Injury Lawyer - New York

Brain Injury Attorney appointed to Advisory Board of New York Traumatic Brain Injury Model System Program at Mount Sinai Medical School, New York

I am honored to be appointed to the Board of Advisors of the New York Traumatic Brain Injury Model System (TBI Model System) program which is a part of the Brain Injury Research Center of Mount Sinai School of Medicine in New York City.

The TBI Model System conducts research and provides a comprehensive program of health care to meet the diverse needs of persons who have experienced a traumatic brain injury. The NY TBI Model System is one of 16 in the U.S. and the only one in the New York metropolitan area.

The goal of the model system program at Mount Sinai Medical Center is enhancing the quality of life of individuals who have experienced a TBI.

Each Model System across the country is recognized not only as a center of excellence in clinical care of individuals with TBI, but also in conducting research on TBI and in disseminating information about TBI to professionals and consumers. Model Systems are provided funding by the National Institute on Disability and MounRehabilitation Research, within the U.S. Department of Education.

Brain Injury Attorney Michael Kaplen joins WFAN Icon Bob Salter to discuss brain injury awareness, brain injury prevention and brain injury rehabilitation

On Sunday, March 11^th, New York brain injury attorney, Michael V. Kaplen joined WFAN icon Bob Salter on his morning talk show to discuss the Brain Injury Awareness Month and this year’s theme, “Brain Injury-Anytime, Anywhere, Anyone”

With reports according to the Centers for Disease Control of over 1.7 million brain injuries occurring each year in the United States and a 60% increase in reported concussions in hospital emergency departments over the past ten years, traumatic brain injury has reached epidemic levels. 

Brain injuries can last a life time and can have a profound impact on all aspects of an individual’s life.

Michael joined Bob Salter for a full hour discussion on the many aspects of brain injury awareness, brain injury prevention and brain injury rehabilitation.  You can click here to listen to the full show.

Recall of Child Helmets-Triple Eight "Little Tricky" Helmets

The Consumer Product Safety Commission (CPSC) announced a recall by Triple Eight Distribution of their Little Tricky multi sport helmets which failed impact testing. Over 30,000 of them have been sold, and they have been on the market since 2006. Little Tricky models are classic skate-style hard shell helmets for children and youth, and have "Little Tricky" in large type on both sides. The retail cost is about $40. Only Triple Eight and Sector 9 size "S/M" EPS Liner helmets are being recalled. Consumers should stop using the helmet immediately and contact Triple Eight for a full refund.

The recall info on CPSC's web site includes photos and can be viewed by clicking here

Any child who sustained brain injuries while wearing this helmet should obtain legal representation as soon as possible.  You can contact our brain injury law firm for advice and assistance. 

A new approach to legal action against the NFL

Today's New York Daily News has a guest editorial authored by my partner, Shana De Caro and myself:

"Lawyers assert need for NFL to do more to address needs of players suffering from concussions"

The full story is below:

BY Sports Editor

By Michael V. Kaplen and Shana De Caro

As the New York Giants and the New England Patriots prepare for their Super Bowl showdown amid great hype and fanfare, another battle is being waged off the field which is not spoken about all that publicly.

While the National Football League's management of traumatic brain injuries has been duplicitous at best, the current groundswell of class-action lawsuits will neither provide essential assistance for brain damaged players nor protect those on the field.  

They do not redress the league's deliberate misconduct denying players' contract disability benefits, but rather aim to penalize the league for morally reprehensible conduct - failing to design safe concussion management protocol. Failure to acknowledge scientific evidence and institute proper return-to-play protocol is not equivalent to legal liability. The failure to fulfill the terms of a guaranteed benefit plan, however, does expose the league to liability.

Cumulative sub-concussive and concussive blows have left a wake of brain injured football players with lifelong consequences. Retired players question if they will suffer the effects of an untended brain injury. Each week, crowds roar, cash registers ring, and players are devastated by concussions. Current lawsuits ignore complex worker's compensation immunity issues, assumption of risk, and complications proving the time of suffering brain damage.

The Congress of Neurological Surgeons repudiated the misconception that concussion requires loss of consciousness more than 30 years ago. A National Institute of Health consensus statement on Brain Injury Rehabilitation in 1999 confirmed that traumatic brain injury has cognitive, behavioral, social and emotional consequences. The league continues to ignore the warnings and consequences of brain trauma despite these impartial findings. Players who deliberately ignore symptoms and knowingly assume the associated risks in exchange for short-lived glory must share in the responsibility for the current crisis. This bargain includes a long-term disability plan ostensibly intended to provide lifetime medical benefits and economic compensation. The league's intransigent and systematic denial of brain injury disability retirement applications precludes brain injured players from receiving these benefits.

The NFL has steadfastly refused to acknowledge the accumulated and overwhelming medical link between head trauma, concussions, and disability, in administering the league disability plan. Conspiring with their physicians, the league has engaged in a pattern of civil racketeering, wrongly depriving player's benefits, due process, and a full and fair opportunity to obtain disability benefits, including medical and rehabilitation care.           

The league should be commended for changes in concussion management, albeit precipitated by Congressional hearings, media attention, and threatened federal legislation. But there has been no redress for wrongful denial of disability benefits. Contract changes are vital to remove the disincentive for players to hide their symptoms. It is essential that concussion disabled players receive full contract and disability benefits.

Although brain injury is part of the game, players should not be doubly penalized. They must be assured of receiving necessary medical rehabilitation and future lost earnings. Appropriate and effective legal action must tackle the irrefutable, wrongful, and malicious league conspiracy denying disability benefits if the goal is to right the lifelong wrongs inflicted upon brain damaged professional football players.

Michael V. Kaplen is a Pleasantville lawyer who specializes in concussion cases and serves as chairman of the New York State Traumatic Brain Injury Services Coordinating Council, an advocacy agency for concussion patients. He is also past president of the Brain Injury Association of New York State and past chair of the American Association for Justice, Traumatic Brain Injury Litigation Group. Attorney Shana De Caro is the treasurer of the American Association for Justice, Traumatic Brain Injury Litigation Group and secretary of the Civil Justice Foundation. They believe the NFL needs to do more to address the needs of players who have suffered traumatic brain injuries.

Neurologists urged to screen for domestic violence and traumatic brain injuries

Domestic violence is a major cause of traumatic brain injuries.  Unfortunately, many victims of domestic violence do not received adequate screening for brain trauma and many practitioners fail to even screen patients for domestic abuse.  

The American Academy of Neurology has now recognized the importance of routine screening for domestic violence and traumatic brain injury in a new position statement published online and in the February edition of the journal, Neurology.

The statement also notes that anyone who is physically or cognitively impaired is at a higher risk for abuse and abusive treatment, and that such treatment can also effect the development of neurologic disease.

Research shows that more than 90% of injuries stemming from intimate partner violence occur to the head, face, or neck region, which may lead to traumatic brain injury.

In addition to integrating questions about abuse into the medial history, patients may also be asked about abuse directly. Optimally, this should happen when they are alone; this is essential when questioning children about abuse. Appropriate questions may include:

•Have you ever witnessed violence?

•Have you ever been hit, kicked, punched, or otherwise physically abused?

•Has anyone ever tried to control you by threat or intimidation?

•Have you ever felt controlled or isolated by your partner?

•Have you ever been forced to perform sexual acts?

•Have you ever been taken advantage of financially?

•Have you ever been concerned for your safety?

If spousal abuse is identified, the neurologist also should ask whether child abuse is also occurring.

The American Academy of Neurology joins several other professional organizations that have also encouraged screening for abuse. In 2008, for example, the American Medical Association advised physicians to routinely ask about the family violence histories of their patients, noting that this knowledge is essential for effective diagnosis and care.

An American College of Obstetricians and Gynecologists Committee has also recommended that obstetricians and gynecologists to routinely and periodically screen all women for intimate partner violence.

Victims of domestic abuse may be able to bring a lawsuit against their spouse for brain damage. The brain injury law firm of De Caro & Kaplen, LLP, can provide legal advice and assistance.

Traumatic Brain Injury to be part of medical school curriculum

The Obama administration has announced a new partnership with U.S. medical schools to include traumatic brain injury as part of their medical school curriculum.

A total of 105 medical schools and 25 osteopathic colleges have pledged to include traumatic brain injury as part of their curriculum.

Brain Injury Lawsuits Against N.F.L. Continue to Grow

More lawsuits have been commenced against the N.F.L. by players claims that the league intentionally hid the dangers of concussions and misled players about the long term consequences of traumatic brain injury.

The latest suits filed in Miami follow similar suits filed in Atlanta last week and in California earlier this year.

All the suits follow a similar pattern of accusing the N.F.L. of deliberately omitting or concealing years of evidence linking concussions to long-term neurological problems. Not surprisingly, like tobacco companies faced with similar types of claims, the N.F.L. denied the charges and said that player safety has long been a priority.

The players say the N.F.L. made misrepresentations about the seriousness of their injuries “with the intent of inducing N.F.L. players, including plaintiffs, to return to play as soon as physically possible after having suffered a football-related concussion and to promote an aggressive style of football that would attract viewers.”

According to the lawsuit, after numerous studies on the risks of concussions, the N.F.L. created a committee of researchers and doctors in 1994 to study the issue.

The committee was supposed to be independent, but members were affiliated with the N.F.L., according to the lawsuit, and the group did not include a doctor specializing in neurology or other brain research. When the committee published its findings in 2003, it stated that “there was no long term negative health consequence associated with concussions,” according to the complaint.

The lawsuit notes that in 2010, the N.F.L. replaced the leaders of its research committee, and that the new leadership described the data used in the past by the league to counter the long-term effects of concussions as “infected” and lacking in science.

 

 

 

Graduate Program in Special Education & Transition Services in Brain Injury

The George Washington University was the first post-secondary institution in the nation to have developed and implemented a specialized graduate degree program, geared toward training professionals in the field of special education and brain injury.  For the past five years I have had the privilege of being a guest instructor for this wonderful program.

The brain injury special educator may work directly with children with acquired brain injury (ABI) or with the school teams and families who support them. The curriculum is focused on training teachers to work in high need school districts and high poverty schools where the incidence of pediatric brain injury is very high. Students are offered the opportunity of specialized coursework, high quality supervised practica and internships, as well as ongoing school and community-based mentorship opportunities.

You can earn a Master’s while pursuing teacher licensure in Special Education.  You can prepare to become a special education teacher to serve school age children and youth with traumatic and acquired brain injuries. The program includes on-campus and on-line coursework, and is possible to complete within two years.

Scholarships are available to qualified students through a grant from the U.S. Department of Education that offers up to 75% of tuition. Questions? Contact Theresa Sacchi Armstrong at 202-994-7306 Read more about the George Washington University Graduate Program in Acquired Brain Injury.

New York needs a strong concussion management program

I am honored to reproduce today’s editorial in the Buffalo News concurring in my views and recommendations for a strong concussion management program in New York Sate.

Protect young athletes

Epidemic of head injuries shows need for stronger regulations on concussions

Dr. Elad Levy calls it an epidemic that has rendered some young people unable to complete their high school or college studies.

Levy, a local neurosurgeon and president of the Program for Understanding Childhood Concussion & Stroke, is referring to the problem of head injuries among young athletes.

Evidence of the seriousness of the epidemic is all around:

* The Centers for Disease Control and Prevention, for example, reported in October that annual visits to emergency departments across the country for traumatic brain injuries among young people ages 18 and under grew by 62 percent between 2001 and 2009, when nearly a quarter million such hospital visits occurred.

* Also in October, a 16-year-old defensive tackle died after getting dinged on a routine play and suffering a brain bleed during a high school game in Cortland County, and in August a college football player in Maryland collapsed during a practice and died less than a week later due to a traumatic brain injury caused by helmet-to-helmet contact.

* Closer to home, teenager Philip Kane of South Buffalo suffers from splitting headaches and struggles to read, due to at least six concussions stemming from contact sports such as football and hockey, according to a story Sunday by News reporter Charlie Specht.

New York recently took a step in the right direction when Gov. Andrew M. Cuomo signed into law the Concussion Management and Awareness Act, which will require the state's nearly 700 school districts to take better precautions in handling suspected concussions on the field or in the gym.

The new law, set to take effect on July 1, 2012, will standardize a hodgepodge of school protocols that ran the gamut in looking out for student safety regarding head injuries.

But there is more that must be done to confront the concussion crisis.

Unfortunately, some athletes and coaches -- and even some parents -- still adhere to the old "bell rung" canard, which suggests it's OK for players to shake off a hit to the head and stay in the game.

The new law will go a good distance toward eliminating that line of thinking. The law requires the immediate removal from all athletic activities of any student suspected of suffering a concussion, and it bars his return until he has been free of concussion symptoms for at least 24 hours and receives clearance from a doctor.

It also mandates special training about concussions for coaches, physical education teachers, nurses and athletic trainers.

But some critics say the law comes up short on several fronts, most notably for not requiring that all athletes take a baseline neuropsychological test before being allowed to participate in a sport.

Such a test would give doctors a point of reference in determining whether an athlete who suffered a concussion has recovered fully from his injuries and is able to play again, according to Michael V. Kaplen, a lawyer and chairman of the New York State Traumatic Brain Injury Coordinating Council.

The council has recommended that the state's commissioners of health and education include mandated baseline testing as they write the regulations implementing the new state law.

The testing would be considered preventive medicine, covered under most health insurance plans for children, and thus won't add to any school district's financial burden, said Kaplen.

Kaplen also points out that most professional and intercollegiate teams in all sports use such baseline testing as a key tool in managing concussions.

It's hard, then, to argue against its use among high schoolers, whose still-developing brains are even more susceptible to long-term damage from repeat concussions.

The Traumatic Brain Injury Coordinating Council has put forth other worthwhile recommendations that the state commissioners should strongly consider, as well.

"In the year 2011, there's not a topic more relevant in high school sports than concussion management and traumatic brain injury," said Kaplen. "We need some uniformity throughout the state. This is the brain we're talking about."

Area school districts would be wise to begin implementing as much of the state law as they can, as soon as possible, instead of waiting until next summer.

In addition, some districts and independent sports programs stand out as leaders in trying to prevent head injuries and should be emulated.

Athletic trainers at Starpoint and Lewiston-Porter high schools, for example, already use baseline testing to identify concussions and keep brain-injured athletes out of the lineup until they're healthy again.

At Orchard Park High School, football coach Gene Tundo bans full-contact hitting during practices to avoid unnecessary shots to the head.

The precautions don't have to come at the expense of winning, either. Orchard Park finished a perfect 13-0 season on Sunday by capturing the state championship title in Syracuse.

New brain injury class action lawsuit against the NCAA

A class action lawsuit has been filed in the United States District Court for the Northern District of Illinois, on behalf of recent college football and soccer players against the N.C.A.A. claiming that the association has been negligent regarding awareness and treatment of brain injuries to athletes.

A portion of the class-action suit reads, “The N.C.A.A. has engaged in a long-established pattern of negligence and inaction with respect to concussions and concussion-related maladies sustained by its student-athletes, all the while profiting immensely from those same student-athletes.”

This suit follows under legal action taken by brain injured players against the NFL for its callous indifference to protecting the health and safety of players suffering from concussions.

If you or a loved one is suffering from a brain injury caused by an accident or medical negligence, the brain injury attorneys at the New York brain injury law firm of DE CARO & KAPLEN, LLP may be able to provide legal assistance.