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

Traumatic Brain Injury Course at George Washington University Law School Featured in NY Times Article

This semester I had the privilege of teaching the first ever course on traumatic brain injury (TBI) law in a law school at The George Washington University Law School, Washington, D.C.

The course reviewed the complicated issues that confront the legal profession in the framework of the civil justice system following traumatic brain injury, introducing students to the broad and wide-ranging legal implications of TBI in children and adults.

With the recent law suit and its potential settlement, new research on the long-term repercussions to returning service members after seemingly minor brain trauma, and constant stories in the news of children suffering traumatic brain injury playing sports, there is a burgeoning interest in concussions and brain injury.  In a variety of legal settings, the brain is being placed on trial with increasing frequency, encompassing multitude of civil issues that were reviewed in this thirteen week course.

For the past thirteen weeks we have delved into the legal problems that confront attorneys representing victims of brain trauma, both in and out of the courtroom. The course looks at brain injury from the practical view point of attorneys charged with the responsibility of assisting individuals suffering with a brain injury in a variety of situations such as contested court proceedings, educational issues, insurance benefits, and obtaining government benefits and services. We also explore legislative initiatives on concussion management; issues of liability following sports incurred brain injury; and evidentiary issues pertaining to the admissibility of expert testimony in a traumatic brain injury case.

Earlier this week, I was honored that the New York Times published an article describing the course and our mission to educate the next generation of attorneys. Concussion Cases Inspire New Course at George Washington’s Law School.

I will again be teaching this seminar at George Washington University Law School this fall.

April 18, 2014 | Permalink | Comments (0) | TrackBack

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

Webinair: Bullying and Harassment of Students with Disabilities in School

The Brain Injury Association of New York State is sponsoring a webinair, "Bullying and Harassment of Students with Disabilities in School" on Monday, March 31, 2014 from 1:00-2:15 pm EST

This workshop offers an overview of the laws that prohibit the bullying and harassment of students with disabilities, including guidance from the US Department of Education, Office of Civil Rights and the Dignity for All Students Act.  The workshop will also discuss advocacy tips to address bullying and harassment in schools. 

Registration information: Reserve your webinar seat by March 30, 2014 by clicking here

For more information on the Brain Injury Association of New York, visit their website

 

March 26, 2014 | Permalink | Comments (0) | TrackBack

Brain Injury Association Information, Brain Injury Events, Brain Injury Lawyers and Law, Brain Injury Legislative News, Brain Injury Veteran Issues

Brain Injury Awareness Day 2014 in Washington DC

Brain Injury Awareness Day 2014

Brain Injury Awareness Day on Capitol Hill will be on Wednesday March 12, 2014.

Here is the schedule of the day’s events:

10:00 AM - 2:00 PM              

Brain Injury Awareness Fair

First Floor Foyer of the Rayburn House Office Building

2:30 PM - 4:00 PM                

Briefing: "Returning to Work: Making Headway After Brain Injury"                                         

U.S. Capitol Visitor Center Meeting Room South

5:00 PM - 7:00 PM                

Reception Celebrating Brain Injury Awareness Month

The Gold Room 2168, Rayburn House Office Building

All are welcome to attend the day's events

If you plan to attend please make appointments with your Congressional  Representative and Senators to advocate for funding for TBI programs and research.

I hope to see you in Washington, D.C. this March!

February 7, 2014 | Permalink | Comments (0) | TrackBack

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

Important request from the Brain injury Association of America--Protect access to rehabilitation care

NATIONAL CALL-IN CAMPAIGN 

TO PROTECT ACCESS TO REHABILITATION

 

ATTENTION DISABILITY AND REHABILITATION COMMUNITY:

 

Congress is currently debating behind closed doors how they will offset the cost of fixing the Medicare physician fee schedule which has been in need of reform for years.  One of the most likely targets to save money is by reducing funding and restricting access to rehabilitation services provided in inpatient rehabilitation hospitals and units as well as outpatient clinics.

 

These are the services that assist people in regaining health and function lost to illness or injury.  These cuts and restrictions in access to rehabilitation care would disproportionately impact people with disabilities, chronic conditions, and those with injuries and illnesses.  Without these services, fewer Medicare beneficiaries, including 8 million people UNDER age of 65, will be able to return to their homes and live as independently as possible.

 

Please call your Congressional Representative and two Senators TODAY and throughout February, toll-free, and tell Congress to protect access to inpatient hospital rehabilitation and outpatient therapy services.  Simply dial this toll free number:

 

1-888-254-3840

 

You will be provided instructions and talking points before you are patched through to the offices of your elected officials.  Tell your representatives:

  • Do not      restrict access or cut funding for medical rehabilitation provided      in Inpatient rehabilitation hospitals and units, and Outpatient      clinics.  No more caps, cuts or restrictions in access to rehab!

Our timeline is very short. We need you to make these calls as soon as possible, and to spread the word to your family, friends, and colleagues.  The more calls to Congress from the disability and rehabilitation community, the greater protection of access to rehabilitation!

February 5, 2014 | Permalink | Comments (0) | TrackBack

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

Legislative News Update from Brain Injury Association of America

Legislative alert from the Brain Injury Association of America (BIAA)

2014 Advocacy Message

As the second session of the 113th Congress begins, BIAA looks forward to the next year with enthusiasm for our legislative priorities. Even though Congress will face midterm elections this year, BIAA is hopeful for TBI Act reauthorization in 2014!

With the budget accord reached before the winter holiday recess by House Budget Chairman Paul Ryan and Senate Budget Chairwoman Patty Murray, appropriators can now finish work on a fiscal 2014 omnibus spending bill before funding runs out on January 15. The budget accord established overall discretionary spending levels for both fiscal 2014 and fiscal 2015 that will make it easier for lawmakers to move some of the 12 fiscal 2015 appropriations bills that it has been handled by Continuing Resolution in recent years. BIAA will continue to monitor appropriations and advocate for funding of TBI programs in the President's Fiscal Year 2015 budget. Appropriations increases in 2014 are unlikely with the current political environment, but BIAA still has opportunity to elevate our cause in Congress.

As in 2013, BIAA looks forward to collaborating on our policy agenda in 2014. Our champions on Capitol Hill, Reps. Bill Pascrell, Jr. (D-NJ) and Tom Rooney (R-FL) will lead our efforts to reauthorize the TBI Act and will host Brain Injury Awareness Day with the members of the Congressional Brain Injury Task Force on March 12, 2014. The TBI Act, H.R. 1098, was voted out of the House Committee on Energy and Commerce at the end of 2013 and BIAA looks forward to floor debate in the full House of Representatives early this year. The Congressional Brain Injury Task Force will assist BIAA in promoting our other policy goals that include increasing access to high quality care and maintaining vital brain injury research.

BIAA will also be monitoring the implementation of the Patient Protection and Affordable Care Act to ensure individuals are not denied brain injury services which would be a violation of the ACA. BIAA will collect quantitative and qualitative data throughout 2014 and report the information to the Secretary of Health and Human Services.

BIAA will also continue to monitor and comment on the Department of Defense and the Department of Veterans Affairs' research and treatment for active duty military, their dependents, and Veterans in 2014.

BIAA will collaborate with our federal agency partners in 2014, including Health Resources and Services Administration, the National Institute on Disability and Rehabilitation Research, the Centers for Disease Control and Prevention, the National Institutes of Health, the Food and Drug Administration, the Administration for Community Living, and the Office of Special Education and Rehabilitative Services in the Department of Education, and continue to participate in the many health and disability coalitions whose members share our goals.

BIAA appreciates all the efforts and involvement of our grassroots in the legislative process. Thank you! In 2013 you witnessed your hard work in action as the TBI Act, H.R. 1098 moved successfully out of committee in the House of Representatives. BIAA will continue to count on its grassroots advocates to show members of Congress how important brain injury is to their constituents in 2014. You have all truly made a difference and we hope to continue that excitement and dedication in 2014! 

Brain Injury Awareness Day 2014

Brain Injury Awareness Day on Capitol Hill will be on Wednesday March 12, 2014. As in years past the day will begin with the Brain Injury Awareness Fair in the Rayburn House Office Building Foyer followed by a Congressional Briefing which will be held in the Capitol Visitor's Center, meeting room south. The day will end with a reception in the Rayburn House Office Building, Gold Room to celebrate Brain Injury Awareness Month. All are welcome to attend the day's events! Additional details regarding the awareness day will be posted in Policy Corner. If you plan to attend please make appointments with your Representatives and Senator's to advocate for funding for TBI programs and research. BIAA thanks Reps. Pascrell (D-NJ) and Rooney (R-FL), co chairs of the Congressional Brain Injury Task Force, for leading Brain Injury Awareness Day. BIAA is committed to assisting the Congressional Brain Injury Task Force plan a successful event. I hope to see you in Washington, D.C. this March!

 

January 18, 2014 | Permalink | Comments (0) | TrackBack

Brain Injury Lawyers and Law

Metro North Train Accident Victims Need to Act Quickly To Protect Their Rights

The tragic metro north rail accident in the Bronx earlier this week will undoubtedly lead to law suits on behalf of the injured victims.  But, the victims need to know that there are special Laws in New York which require that a Notice of Claim be filed within 90 days of the train accident against both Metro North and the MTA to preserve their right to comence a law suit.  Unless this written notice of claim is filed, the victims will be precluded from suing for their injuries. 

I was interviewed in an article appearing in today's Journal News regarding this train accident.

Probe also looking at brakes, tracks

 

 

December 3, 2013 | Permalink | Comments (0) | TrackBack

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

Legislative Update from the Brain Injury Association of America

The following is the November 2013 legislative and policy update from the Brain Injury Assocation of America (BIAA):

TBI Act Reauthorization 2013

The Brain Injury Association of America along with the TBI Act stakeholders, National Association of State Head Injury Administrators (NASHIA) and National Disability Rights Network (NDRN), continue to work with Senate staff on reauthorization. The TBI Act should be introduced in the Senate this fall. National Conference on Youth Sports Safety BIAA was invited to participate in the first National Conference on Youth Sports Safety in Washington DC. The conference was led by Dr. David Satcher, the 16th U.S. Surgeon General. Dr Satcher is currently the Director of the Satcher Health Leadership Institute. The Protecting Athletes and Sports Safety (PASS) initiative seeks to initiate a sustained national conversation on changing the culture of sport so we can better protect our young athletes. PASS will continue to bring together the nation's thought leaders to take the discussion to the next level. Over the next two years, the conversation will lead to the development of a set of national guidelines that identify best practices proven to help 1) significantly reduce youth sports injuries including concussion and 2) provide parents with information they need to make good decisions about involving their children in youth sports. BIAA looks forward to working with PASS to make all sports safer for student athletes.

NDD United

This week BIAA attended the Nondefense Discretionary (NDD) United Congressional Briefing. NDD United is a campaign of 3,200 national, state, and local organizations working to protect nondefense discretionary investments. As we enter into the next critical phase of budget negotiations, we are urging Congress to replace sequestration with a balanced approach to deficit reduction.

Future Care Coalition

BIAA continues to lead the Future Care Coalition with United Spinal Association meeting with the Office of Financial Management at the Centers for Medicare and Medicaid Services (CMS) to inform them of our concerns related to the Advanced Notice of Proposed Rule Making (ANPRM) for Medicare Secondary Payer Future Medicals. In the ANPRM, CMS proposed 7 options for a beneficiary to reimburse CMS for future medical costs. The Future Care Coalition believes there needs to be strong protections in place for the beneficiary in terms of access to care if CMS were to move forward with collecting future medical costs. The rule is currently at the Office of Management and Budget (OMB) where it is reviewed by OMB staff. BIAA and other members of the Future Care Coalition met with OMB staff to share our concerns about the ANPRM as they move through the review process. The coalition continues to meet with Congressional offices to build Champions on the hill related to this important issue. BIAA and members of the coalition met with staff in Reps. Jenkins (R-KS) and Kind (D-WI) and Sens. Kirk (R-IL) and Portman (R-OH) during the past week.

Centers for Medicare and Medicaid DMEPOS Bidding Program

BIAA was invited to participate in a meeting with the Centers for Medicare and Medicaid (CMS) that was led by United Spinal Association and the Independence through Enhancement of Medicare and Medicaid (ITEM) Coalition which BIAA is a member of to educate CMS regarding the DMEPOS bidding program that provides wheelchairs to Medicare beneficiaries. Wheelchair suppliers also attended the meeting. Even though CMS has opened up the rules to allow non-contract suppliers to repair wheelchairs in addition to contract suppliers, there is no enforcement of non-contract suppliers making repairs for those that need them. The implementation of the bidding program is an added obstacle in ensuring affordable, quality coverage and access to critical medical equipment, supplies and related services to an already vulnerable population; seniors and people with disabilities that must rely on a smaller number of providers for their medical equipment.

November 15, 2013 | Permalink | Comments (0) | TrackBack

Brain Injury Association Information, Brain Injury Broadcasts, Brain Injury Lawyers and Law, Brain Injury Veteran Issues

Veterans with brain injuries, how to obtain benefits

The Brain Injury Association of New York State (BIANYS) has scheduled in new webinair, “Overview of Benefits for Veterans with Brain Injury” for Friday, November 22, 2013 from 1:00-2:15 p.m. EST.  This webinar will provide an overview of benefits available to Veterans who have sustained a TBI, their families and caregivers.  For more information and to register, click here

November 8, 2013 | Permalink | Comments (0) | TrackBack

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

The injustice of the NFL brain injury settlement

Today's New York Times reports, Many Ex-Players Many Be Ineligible to Share in Concussion Settlement.

it is shameful that this settlement excludes players suffering the effects of the post concussion syndrome, complicated mild traumatic brain injury and cognitive, behavioral and emotional difficultes that do not impair all of their activities of daily living.

I am honored to have been consulted and quoted in this story. Click here.

October 18, 2013 | Permalink | Comments (0) | TrackBack

Brain Injury and Sports, Brain Injury Broadcasts, Brain Injury Lawyers and Law

In response to NFL Commissioner Goodell

I am honored that the Huffington Post has published the response of Shana De Caro, chair-elect of the traumatic brain injury litigation group and myself  “Players and Public Lose While NFL Reigns Victorious,”  to
Commissioner Goodell’s recent comments on the NFL settlement and the amazing expose on what the NFL knew and when they knew it which aired last night on PBS, Front Line documentary, “League of Denial”

 

 

October 9, 2013 | Permalink | Comments (0) | TrackBack