Brain Injury Lawyer - New York

Brain Injury Awareness Day-Capital Hil, This Wednesday

This Wednesday, March 21, 2012, Brain Injury Awareness Day will be celebrated in Washington DC.  In conjunction with the Brain Injury Association of America, the U.S. House of Representatives will be hosting a brain injury awareness fair followed by a congressional briefing and reception. 

I will be attending this year’s events and look forward to meeting you.

The full schedule for the day is as follows:

10:00 AM – 2:00 PM: Brain Injury Awareness Fair

First Floor Foyer of the Rayburn House Office Building

2:30 – 4:00 PM: Briefing: “The Impact of Traumatic Brain Injury: Any Time, Anyone, Any Age” 

Capitol Visitors Center – Congressional Meeting Room North

5:30 – 7:30 PM: Reception Celebrating Brain Injury Awareness Month

B-354, Rayburn House Office Building

 

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.

Brain injuries more prevalent than previously thought

A new study by researchers from Mayo Clinic has found that the incidence of traumatic brain injury is likely greater than has been estimated by the Centers for Disease Control and Prevention (CDC). This study differs from previous similar studies in that it uses a new and refined system for classifying injuries caused by force to the head: the Mayo Traumatic Brain Injury Classification System.

“Even mild traumatic brain injuries can affect sensory-motor functions, thinking and awareness, and communication,” says study author Allen Brown, M.D., director of brain rehabilitation research at Mayo Clinic. “In assessing frequency, we have likely been missing a lot of cases. This is the first population-based analysis to determine prevalence along the whole spectrum of these injuries.”

Using the Rochester Epidemiology Project, a several decades-long compilation of medical records in Olmsted County, Minn., the team determined that TBIs occur in as many as 558 per 100,000 people, compared to the 341 per 100,000 estimated by the CDC. Researchers found that 60 percent of injuries fell outside the standard categorization used by the CDC, even though two-thirds of them were symptomatic.

Mayo researchers found the elderly and the young were found most at risk for “definite” and “possible” injury, respectively, and men were more at risk than women. The findings reinforce ongoing efforts by the CDC to create a brain injury classification that more broadly encompasses traumatic head injury.

Brain Injury: Anytime, Anywhere, Anyone--Brain Injuries to do discriminate

The Brain Injury Association of America (BIAA) has announced its 2012 Brain Injury Awareness Month Campaign to be utilized in conjunction with Brain Injury Awareness Month, March 2012.

The campaign theme and strategy is designed to have broad reach and is adaptable for all affiliates and communities. The new theme is:  Brain Injury: Anytime, Anywhere, Anyone. The supporting message is: Brain Injuries do not discriminate.

BIAA has developed materials to support the new theme.  The new flyer/poster and fact sheet can be downloaded by clicking here.

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.

New Regulations to Protect Victims of Truck Accidents

The Federal Motor Carrier Safety Administration has published new regulations that ban the use of cell phones while driving trucks.  The rule will be effective in about 30 days and will provide needed protection to motorists on our nation's highways from needless accidents with tractor trailers and other trucks. 

The Federal Motor Carrier Safety Regulations (FMCSRs) and the Hazardous Materials Regulations (HMR) are amended to restrict the use of hand-held mobile telephones by drivers of commercial motor vehicles (CMVs) including big rigs, tractor trailers, semi and other trucks involved in interstate commerce.

This rulemaking will improve safety on the Nation’s highways by reducing the prevalence of distracted driving related crashes, fatalities, and injuries involving drivers of CMVs.

The Agencies that regulate interstate trucks also are amending  their regulations to implement new driver disqualification sanctions for drivers of CMVs who fail to comply with this Federal restriction and new driver disqualification sanctions for commercial driver’s license (CDL) holders who have multiple convictions for violating a State or local law or ordinance on motor vehicle traffic control that restricts the use of hand-held mobile telephones. Additionally, motor carriers are prohibited from requiring or allowing drivers of CMVs to use hand-held mobile telephones.

Trucking accidents are a leading cause of death and injury on our nation’s highways.  Not surprisingly, many of these accidents result in traumatic brain injury to the innocent victims. The law firm of De Caro & Kaplen, LLP has developed special knowledge and experience in representing accident victims involved in collisions with trucks.  Michael Kaplen is on the advisory board of the plaintiff’s interstate trucking association.  Both Michael Kaplen and his partner Shana De Caro are active members of the American Association for Justice Interstate Trucking Litigation Group.  Contact De Caro & Kaplen, if you need legal assistance following an accident with a tractor trailer or other big rig.

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.

Support the National Pediatric Acquired Brain Injury Plan Act

Guest editorial:  Support the National Pediatric Acquired Brain Injury Plan Act

The following editorial appeared in the Times of Trenton authored by the Brain Injury Association of New Jersey

Imagine you are a parent whose child has sustained a brain injury through something as enjoyable as playing a sport or as horrific as abuse by a caretaker or as patriotic as serving our country as a member of the armed forces. Wouldn’t you want the best system of care possible to maximize the chances of recovery and quality of life for your child? There are many tragic stories about children and youth with brain injury; Congress has an opportunity to provide support and hope for them.

New Jersey Rep. Leonard Lance (R-Westfield) introduced the National Pediatric Acquired Brain Injury Plan Act (PABI Plan Act). Also known as H.R. 2600, the act would enable the creation of a seamless, standardized, evidence-based system of care that will be universally accessible for the millions of American families affected by the life-altering changes and challenges associated with brain injury. The plan would include youth aged 25 and younger who may be serving in the armed forces. Implementation of the act will cover the entire continuum of care: from prevention, treatment in acute medical facilities, reintegration into schools, communities and homes and then transition into an adult system of greater independent living.

Despite the fact that 95 members of the House of Representatives are co-sponsors of H.R. 2600, Congress has yet to advance it out of subcommittee. The Brain Injury Association of New Jersey believes Congress should do so as soon as possible.

Brian injury is a leading cause of death and disability in children and young adults. According to the Centers for Disease Control, more than 765,000 youth aged 25 and younger enter an emergency department each year with a new traumatic brain injury. More than 80,000 are hospitalized, and more than 11,000 die annually. The number of youth and children who receive no care is unknown.

“The ultimate goal of the PABI Plan Act is to maximize recovery, enhance quality of life and ensure that New Jersey — and American — youth have the best chance to live productive and meaningful lives,” said Barbara Geiger-Parker, president and CEO of the Brain Injury Association of New Jersey, a nonprofit organization whose mission it is to support and advocate for individuals affected by brain injury and raise public awareness through education and prevention.

H.R. 2600 is pending consideration by the subcommittee on health within the House Committee on Energy and Commerce. The bill is not yet slated for a hearing. Meanwhile, many American families are waiting in the wings, hoping that support for their child with brain injury is near.

This socially and fiscally sound proposal has broad appeal. All members of the New Jersey congressional delegation should co-sponsor H.R. 2600. Several members of the delegation already have. Rep. Jon Runyan (R-Mount Laurel), Donald Payne (D-Newark), and Albio Sires (D-Jersey City) have joined Rep. Lance and registered as co-sponsors. The balance of the New Jersey congressional delegation should follow the lead of their colleagues. The act’s co-sponsors range from the most liberal to the most conservative members of Congress. The Heritage Foundation, a conservative think tank, supports the bill, as does the Iraq and Afghanistan Veterans of America, who advocate for improving the lives of veterans and their families.

It’s vital that New Jerseyans contact their Congress members to ask them to co-sponsor H.R. 2600 and call on Congress to approve it and the president to sign it. Doing so is an important step forward in maximizing the lives of New Jersey youth who are affected by brain injury. The act will change how children and youth with brain injury — including veterans —receive care. They cannot wait. The time for Congress and the president to act is now.

The National Pediatric Acquired Brain Injury Plan Act was first proposed by the Sarah Jane Brain Foundation. I am honored that I am a member of the Sarah Jane Foundation National Legal Advisory Board.

For legal assistance following a traumatic brain injury, contact the brain injury law firm of De Caro & Kaplen, LLP.

 

Sports Equipment Cannot Prevent Concussions

Unfortunately there are many dubious claims made by sports equipment companies on the beneficial effects that their devices have on preventing or reducing the effects of a concussion.

Last week, experts testifying at a Senate committee hearing on concussion and the marketing of sports equipment said that there is no such thing as concussion-proof helmets, mouth guards or head bands.

"The potential harm that I see being caused by products that claim to prevent concussion when they do not is far more than simply the financial harm of paying more for something that isn't likely to work as claimed," said Jeffrey S. Kutcher of the neurology department at the University of Michigan. "The public deserves to know that equipment has a significant, but inherently limited, ability to prevent concussions."

Sen. John D. Rockefeller IV (D-W. Va.), chair of the Senate committee on Commerce, Science and Transportation, said in his opening remarks that "any company that claims" its products "will protect young athletes from concussions is making an empty,

Senator Udall who has repeatedly questioned the safety claims made by football helmet manufacturers  has called for the Federal Trade Commission to investigate safety claims made by these equipment companies.  He has introduced legislation that would make it a crime to sell sporting equipment that makes false or misleading claims about product safety.

"No sports equipment can prevent all concussions," Udall said, "despite any advertising claims to the contrary."

Interview tomorrow with New York Governor Paterson on traumatic brain injury legislation and the new CDC sports concussion statistics

Join me tomorrow, Monday October 10^th at 4:40 PM when I will be interviewed by former New York Governor David Paterson on WOR 710 AM. You can listen live by clicking here . We will be discussing my opinions on the recently signed New York State concussion legislation and similar legislation passed in other states.

We need to go further to protect the health and safety of our nation’s youth.  Sports concussion legislation must include meaningful restrictions on when an athlete can return to play; requirements for baseline testing and retesting after an injury and before an athlete is cleared to return to play; return to play decisions by qualified professionals; insurance for the rehabilitation of those athletes who have sustained cognitive brain damage; an educational component that restricts and monitors the class room activities of children when they return to school; and an educational component that provides meaningful information on concussions to students, parents, teachers and coaches.

We will also be discussing the alarming statistics released last week by the Centers for Disease Control on the 250,000 reported sports related concussions in emergency room visits for the year 2009 and the implications for sports concussion management.  It is important to note that this statistic does not cover the athletes who never seek emergency room treatment.  The CDC extrapolates that the rate of concussions for all student athletes exceeds over 1 million individual’s each year!