Brain Injury Lawyer - New York

NFL Players Association and Congress to Take a Closer Look at Concussions

Following stories in the New York Times earlier this week on the studies sponsored by the NFL which show a link between repeated concussions and early on set dementia, the NFL Players Association has formed a committee to address the issue of head trauma among players.

The player’s association concussion and traumatic brain injury committee will address diagnosis, treatment and prevention of concussions and brain injuries in active players; and the long-term cumulative effects of isolated or repetitive traumatic brain injuries in NFL players as patients.

At the same time,  the chairman of the House Judiciary Committee says he will hold hearings on head injuries among NFL players. The hearings will look at the lasting impact of head injuries, how to limit them, and how to compensate players and their families.

Both of these events are encouraging news in efforts by many including myself to bring attention to the epidemic of traumatic brain injury and to increase public awareness of the dangers of repeated concussions and ill advised decisions to prematurely allow athletes to return to play.

With new leadership in the NLF as well as the player’s association, perhaps a new rationality can be brought to bear on the issue and an honest recognition that concussions are serious and must be treated as a life threatening condition.

Perhaps the player's association will contact me and ask for my involvement in these important efforts. 

Further, injured players who submit competent proof of concussions and cognitive disorder should be properly compensated for their injury under league collective bargaining agreements. If they are not, then the courthouse door needs to be opened to these players to seek proper legal redress.

Read about the NFL players commiettee plans to study head trauma .

Read about the congressional hearings on concussions: Congress to hold hearing on NFL head injuries.

What hemet does the best job in preventing brain injury?

An article appears in today's on line edition of the New York Times discussing the continued debate on what is the best standard to determine the safety of motorcycle helmets and their ability to prevent or reduce the severity of brain damage.

The artlcle is entitled, Sorting Out Differences in Helmet Standards and reviews the debate between Federal Department of Transportation helmet standards, the Snell Standard and an new safety standard being introduced by Snell.

While this is all very confusing, one thing is clear, any helmet is better than no helmet at all and all states need to impose helmet requirements for motorcycle riders as well as those riding bicycles, roller-blading, skate boarding, skiing and ice skating, 

Abusive Head Trauma-Shaken Baby Syndrome Conference

A conference to explore head trauma and shaken baby syndrome as well as other head injuries caused by assaults on children has been announced by the office of the Queens District Attorney.

The head trauma conference is scheduled to take place on Monday, September 21, 2009 at the offices of the New York City Medical Examiner, 421 East 26th street from 9:00 AM to 6:00 PM.

The topics scheduled to  be covered include:

• Forensic controversies in abuse head trauma
• Neuropathology of lethal child abuse
• Non-accidental injury from the pediatric neurosurgical perspective
• Retinal hemorrhages and their relationship to shaken baby syndrome
• A view of fatal head injury from the standpoint of a forensic medical examiner

You can obtain more information on the conference by clicking here.

How many brain injuries are too many?

In a speech delivered at Harvard Medical School, Adm. Michael Mullen, chairman of the Joint Chief of Staff said that the military is considering pulling service members out of combat operations if they have sustained three concussions.

Mullen said, "I don't know what the right number is, but 30 is way too many. I'm literally on the verge of saying, you know, 'Hey, it's two or it's three (mild TBIs) and you're out,' "

It is estimated that A RAND Corp. study early last year estimated that up to 300,000 service members may have suffered a mild TBI in the Iraq and Afghanistan wars.

The defense department is reportedly following the lead of professional football in trying to place a limit on the number of concussions an individual can sustain before being pulled out of play for the season. 

Having acknowledged that any concussion can cause serious and permanent brain damage, allowing service members to sustain multiple concussions before being pulled out of combat, is not the full answer.  Before any service member who sustains a concussion is allowed to return to combat, that service member needs to be fully evaluated to determine that they are symptom free.  If they are not, then they should not be allowed to return to combat.

You can read the full story in USA Today: Joint Chief’s Chairman seeks brain injury limit.

Deadly medical mistakes on the increase

An important series highlighting the alarming increase in medical errors began yesterday in the Hearst newspapers including the Albany Times Union.  The story entitled, Dead By Mistake is an in depth look at preventable medical malpractice in the United States today.

According the to article, experts estimate that a staggering 98,000 people die from preventable medical errors each year. More Americans die each month of preventable medical injuries than died in the terrorist attacks of Sept. 11, 2001.

In addition, a federal Centers for Disease Control and Prevention study concluded that 99,000 patients a year succumb to hospital-acquired infections. Almost all of those deaths, experts say, also are preventable.

These numbers are not absolutes. There is no definitive study -- which is part of the problem -- but all available research indicates that the death toll from preventable medical injuries approaches 200,000 per year in the United States.

Many of these medical errors lead to irreversible brain damage.  Medical errors causing brain injury are something that we are familiar with at De Caro & Kaplen, LLP.  If you loved one or yourself is a victim of medical negligence we may be able to assist you.

Read the entire Dead by Mistake special report, with additional stories, photos, videos, maps and database of hospital errors.

Let's hope that the current discussion in Washington, DC concerning medical insurance reform includes proposals to deal with this health crisis in American hospitals.  Controlling health care costs must include controlling medical errors which increase the health care bill for all of us.

Malpractice causes brain damage in new born

ABC News has broadcast a very disturbing story of a young girl who has suffered severe brain damage as a result of a condition known as Kernicterus which is caused by high levels of bilirubin in the blood- stream following birth.  The story also reports on experimental brain stimulation therapy designed to minimize some of the effects of the brain damage.

What is particularly disturbing is that this cause of brain damage is easily preventable if prompt medical care is given to the new born.  With the use of a $1 test that is readily available to detect bilirubin levels in the blood stream, effective photo-therapy would have brought the bilirubin levels down before any damage was done to the infant.

High bilirubin levels are typically caused by Rh incompatibilities between the mother and the new born child.  The most frequent presenting symptom is jaundice or yellowing of the skin. 

The medical profession has known for years that whenever a new born has or is thought to have jaundice, a bilirubin level test must be taken and prompt treatment needs to be undertaken to avoid serious brain damage.

You can view the full story of the medical errors that have led to brain damage by clicking here.

The brain injury attorneys at the brain injury law firm of De Caro & Kaplen, LLPhave  successfully prosecuted cases of medical error causing kernicterus and brain damage.

ABC News has broadcast a very disturbing story of a young girl who has suffered severe brain damage as a result of a condition known as Kernicterus which is caused by high levels of bilirubin in the blood- stream following birth.  The story also reports on experimental brain stimulation therapy designed to minimize some of the effects of the brain damage.

What is particularly disturbing is that this cause of brain damage is easily preventable if prompt medical care is given to the new born.  With the use of a $1 test that is readily available to detect bilirubin levels in the blood stream, effective photo-therapy would have brought the bilirubin levels down before any damage was done to the infant.

High bilirubin levels are typically caused by Rh incompatibilities between the mother and the new born child.  The most frequent presenting symptom is jaundice or yellowing of the skin. 

The medical profession has known for years that whenever a new born has or is thought to have jaundice, a bilirubin level test must be taken and prompt treatment needs to be undertaken to avoid serious brain damage.

You can view the full story of the medical errors that have led to brain damage by clicking here.

The brain injury attorneys at the brain injury law firm of De Caro & Kaplen, LLPhave  successfully prosecuted cases of medical error causing kernicterus and brain damage.

Can Cerebral Palsy and Brain Damage Be Prevented in New Borns?

Inhibiting an enzyme in the brains of newborns suffering from oxygen and blood flow deprivation stops a type of brain damage that is a leading cause of cerebral palsy, mental retardation and death, according to researchers at Cincinnati Children's Hospital Medical Center.

Reporting their results in the Journal of Neuroscience, the scientists show blocking the brain enzyme, tissue-type plasminogen activator (tPA), prevents progressive brain damage triggered by the lack of oxygen and blood supply.  This is called hypoxic ischemic encephalopathy.

The current study, posted on the journal's website this month, included one-week-old rats in which brain hypoxia-ischemia was induced. The researchers found that hypoxia-ischemia leads to increased tPA activity. The enzyme then damages the brain blood vessels and the blood-brain barrier. The blood-brain barrier is a protective system designed to prevent invasions of blood-borne materials, in particular inflammatory cells or potential contaminants, into the central nervous system.

In human newborns, hypoxic brain injury usually occurs right before, during or shortly after birth and is frequently the result of medical negligence. 

The brain injury attorneysat De Caro & Kaplen, LLP have handled cases of brain damage in new borns caused by lack of oxygen as a result of medical malpractice.

New web site launched by Brain Injury Association of New Jersey

The Brain Injury Association of New Jersey has launched a new website, NJteen- Driving  to help increase awareness and educate parents about the risks associated with teen driving.

Information available on the site includes the risk factors that play a role in teen crashes, details of the Graduated Driver License program (GDL), current and relevant legislation related to teens getting behind the wheel, and features such as videos, news articles, an interactive teen crash site map, tips and important contacts.

The Brain Injury Association of New Jersey is the statewide organization in New Jersey committed to supporting and advocating for individuals affected by brain injury and raising public awareness through education and prevention.

Deadline extended for The George Washington University Master's Brain Injury Certification Program

I have been requested to forward the following announcement from The George Washington University Graduate Acquired Brain Injury Certification Program.  I have been honored to be a guest lecturer at this program for the past several semesters and have viewed first hand what a great program they offer.

The George Washington University, in Washington D.C., offers graduate level programs for professional preparation in brain injury and has been a leader in this field since 1992.  Ourprograms are fully accredited by the National Council on Accreditation of Teacher Education (NCATE) and highly ranked by the Council on Exceptional Children (CEC).

We have extended our deadline and are currently accepting applications for limited spaces remaining for the fall, 2009 semester in the following programs:

1.  Master's Degree in Transition Special Education with emphasis in Acquired Brain Injury (42-48 credits) offered at the main campus only; 2.  Graduate Certificate in Brain Injury: Educational and Transition Services (15 credits) offered at the main campus; and 3. Graduate Certificate in Brain Injury: Educational and Transition Services (15 credits) offered by distance education for those participants living 50 miles or more from Washington D.C.

All programs have federal grant funding for tuition support available to qualified applicants, pending approval from the U.S. Department of Education.

For further information, contact:
1.  Monija Amani, Project Director for the Graduate Certificate program, at  202-973-1032 
2.  Dr. Zavolia (Zee) Willis, Project Director for the Master's Degree program, at 202-973-108 or

Kaplen appointed legal advisor to Sarah Jane Brain Foundation

I am honored to report that I have been appointed as a member of the legal advisory board of the Sarah Jane Foundation. As a brain injury attorney, I am pleased to be able to offer my years of experience in representing victims of brain trauma to the foundation.

The Mission of The Sarah Jane Brain Project is to create a model system of care for children suffering from all Pediatric Acquired Brain Injuries. You can learn more about the Sarah Jane Foundation by viewing their web site.

The foundation has joined together  51  health care institutions representing states across the country to address issues related to the treatment of brain injury, the number one cause of death and disability in children and young adults in the United States. The goal is to develop a national collaborative network to address brain trauma in children.
 
Member centers in the new network will share information and research findings on pediatric brain injuries in an effort to establish a standardized national medical plan for dealing with these injuries.