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)

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.

Sincerely,

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)