Brain Injury Lawyer - New York

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.

Protect the Public From BIG Truck Accidents On Our Roads and Highways

Large trucks on our nation’s road are a significant cause of highway injuries and deaths. Many of these injuries are head injuries resulting in traumatic brain damage. 

The following statistics are shocking:

Every year, about 5,000 people die and over 100,000 people are injured in large truck crashes. Despite only making up 3 percent of all registered vehicles, large trucks represent 9 percent of all vehicles involved in these fatal crashes and are responsible for 12 percent of all crash fatalities.

Fortunately, Congress is working on a new transportation spending bill that would prevent increases in truck sizes and weights on the National Highway System, including the Interstates – increases that endanger the safety of the motoring public, our roads and bridges.

America's highway infrastructure is crumbling, in part due to oversized trucks, which also are responsible for far too many crashes resulting in deaths and injuries. Also, the bigger the rig, the bigger the impact on greenhouse gas emissions and fuel consumption. We simply cannot afford all of the costs of allowing bigger and heavier trucks on our roads and highways.

PUBLIC CITIZEN, the national non-profit  public interest organization of which I am a proud supporter is seeking support for legislation currently pending in the United States House of Representatives:  H.R. 1618, the Safe Highways and Infrastructure Preservation Act of 2009.  They have requested that you contact your congress person and ask them to both co-sponsor and support this legislation.

Here is some language that you can use when writing to your congressal representative:

I am  writing to relay my strong support for H.R. 1618 and S. 779, the Safe Highways and Infrastructure Preservation Act of 2009 (SHIPA), and urge you to co-sponsor this important legislation. The SHIPA bill is co-sponsored by more than 80 Democratic and Republican Members of Congress, and supported by national highway and truck safety groups, victims and survivors of truck crashes, as well as leading national environmental and public interest organizations.

Every year about 5,000 people die in truck crashes including more than 800 truck
drivers and over 100,000 are injured. Large trucks represent 9 percent of all vehicle involved in fatal crashes, are responsible for 12 percent of all crash fatalities but make up only 3 percent of all registered vehicles.

The purpose of SHIPA is to prevent the constant increases in truck sizes and weights on Interstate and non-Interstate portions of the federal National Highway System (NHS) that endanger the motoring public as well as our roads and bridges. Enactment of SHIPA will extend the safety and infrastructure protection that was achieved in 1991 when Congress overwhelmingly enacted the freeze on longer combination vehicles (LCV) in the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA).

Enacting H.R. 1618 and S. 779, the SHIPA Act, would save lives and prevent injuries, limit damage to our crumbling roads and bridges, reduce global warming pollution and curb our dependence on oil, and help achieve a balanced multi-modal transportation system. I urge you to support this sound and sensible legislation and look forward to working with you to build a safer, cleaner and more efficient transportation future for our nation.

Your assistance in protecting our nation’s roads and the health and safety of the public is appreciated.

Reducing the severity of brain trauma following a car crash

The Centers for Disease Control (CDC) continues to look at new technologies to reduce severe brain injuries following motor vehicle accidents.

In a new report  titled, Recommendations from the Expert Panel: Advanced Automatic Collision Notification and Triage of the Injured Patient  the  CDC looks at inboard car computer programs that provide information following a car crash.
 
This report presents the findings of a national expert panel and outlines recommendations for the use of new technologies, such as Advanced Automatic Collision Notification (AACN) or vehicle telematics, to help identify the likelihood of severe injuries, including traumatic brain injury (TBI), among individuals involved in a vehicle crash. 
 
The panel found that using available technology, such as AACN, shows promise in helping save lives through: 

•  the potential to predict the severity of injuries of vehicle crash victims, including Traumatic Brain Injury (TBI),  which can help emergency care providers more quickly identify, diagnose, transport, and treat injuries; and  
• Use of rapid communication and vehicle locating capabilities, which can help decrease response time by emergency medical services (EMS) providers.
  
  Read the full advanced automatic collision notification report now.

Pool Safety Tips

Pool accidents are a leading cause of traumatic brain injury. It's easy to prevent drowning and other injuries around the pool with proper care.

Whether you are a pool owner or guest, go to the lake or beach, safety is a priority. Kessler Institute for Rehabilitation has offered these  Top 10 Water Safety Tips:

• If you are a pool owner, be sure to have clearly marked depth indicators around the entire pool. Post “No Diving” signs - and enforce that rule!
• Watch your guests. More than 90% of injuries occur to visitors, rather than owners.
• Never dive into an above-ground pool and be careful around ladders and other equipment.
• Never drink and dive. “Drinking impairs an individual’s judgment and slows reactions,” explains Kirshblum. “Nearly half of all diving accidents resulting in a serious injury involve alcohol consumption.”
• Don’t swim alone. Ideally, a lifeguard or someone trained in water safety should always be present.
• Always check the depth of water before going in. Levels may be deceptive, especially where drought conditions existed. Be sure that there are no rocks or debris below the surface.
  Enter the water at lakes and ponds feet first to avoid injury.
• Never dive into the ocean. It’s difficult to see what’s under the surf, particularly sand bars. And tides constantly cause the ocean sands to shift.
• Even if areas are marked as being safe for diving, do not dive if your trajectory will place you in less than nine feet of water. When diving from a board, the water should be deeper than 12 feet.
• Educate children. Safe water behaviors should be taught at an early age so children can make smart decisions when involved in water activities.

More evidence that children need to be assessed following a concussion before being allowed to go back to sports or play time activities

Children hospitalized with concussions should wait until they are seen by a clinician in a follow-up exam before returning to regular sports or playtime activities, according to researchers at The Children's Hospital of Philadelphia.

Rather than only consulting a doctor when there are obvious trouble signs after the initial treatment, the Children's Hospital researchers recommend that a qualified healthcare provider perform a formal assessment after hospital discharge but before child resumes exertional activities. The study team used a computer-based testing program created to assess athletes with concussions and determine when it was safe to return to play. The authors found that nearly all the children admitted to the hospital with a concussion had some abnormal brain function during initial testing.

The  article appears in the May issue of the journal Annals of Surgery.

Prior research has demonstrated that children are more likely to sustain another concussion if they return to play or exertional activities prematurely. In addition, high school athletes recover more slowly than college or professional athletes. Presumably the same is true for children with concussion from non-sports related causes.

The study, which looked at 116 children ages 11 through 17 at an urban Level 1 trauma center over two years, set out to determine if measurable impairments existed in children admitted to the hospital with a concussion and if the computer-based testing program could be easily used in the hospital setting. The computer assessment is administered bedside and takes about 25 minutes.

The test results revealed an alarmingly high rate of cognitive deficits in nearly all patients. It tests specific abilities, such as attention span, memory, nonverbal problem solving and reaction time. Almost all patients tested below the 25 percentile in at least one area; the majority demonstrated significant impairment for all four subtests.

The test also assesses the degree of concussion symptoms, and the majority of children with concussions demonstrated an abnormal symptom score. The follow-up group demonstrated significant improvement in neurocognitive performance on all four subtests as well as an improvement in their symptom scores.

New national guideline proposed for sports concussions

A national guideline that young athletes suspected of sustaining a concussion or head injury in practice or games be removed from competition until examined or cleared by a medical professional is at the heart of a multi-organizational call-to-action announced today at the American College of Sports Medicine (ACSM) 56th Annual Meeting in Seattle. ACSM is collaborating with the Brain Injury Association of Washington (BIAWA) and the U.S. Centers for Disease Control and Prevention (CDC) to build national momentum on a new Washington state law protecting young athletes from death or disability caused by premature return to play following a concussion.

The Lystedt Law is named in honor of Zackery Lystedt, a Seattle-area young athlete who suffered a concussion in 2006 during a middle school football game. After returning to the same game, he later collapsed on the field.  The legislation, according to ACSM and its partners, is the standard for a no-cost, highly protective model for national duplication.

In order to replicate the characteristics of the Lystedt Law that will protect young athletes in sports, ACSM says state legislation can work to require:

- School districts to work with their state athletic associations to develop guidelines and informational forms to educate coaches, youth athletes and their parents of the nature and risk of concussion and head injury.

- Information handouts to parents and players on the signs and symptoms of concussion; returned and signed by parents and youth athletes acknowledging the risk of concussion and head injuries prior to practice or competition.

- Removal of a youth athlete who is suspected of or sustains a concussion or head injury from play. "When in doubt, sit them out"

- Written clearance prior to returning to play from a licensed health care provider for a youth athlete who has been removed from play.

- Compliance from private, nonprofit youth sports associations with the policies adopted in that state.

ACSM has a long history of advocating for concussion management, as well as establishing resources and partnerships to support treatment and prevention updates that help coaches and athletes avoid head injuries during play or competition.

In 2006, ACSM published Concussion (Mild Traumatic Brain Injury) and the Team Physician: A Consensus Statement, a guide to help team physicians diagnose and treat athletes with a concussion. The primer outlines best practices in identifying a mild traumatic brain injury; factors that should be considered in making return-to-play (RTP) decisions; the need for a game-day medical plan specific to concussions; the need for documentation, and more.

For more information on the Lystedt Law in Washington state, visit the brain injury association of washington web site. 

American Academy of Pediatrics Wants Doctors to Stop Using the Term "Shaken Baby Syndrome"

The American Academy of Pediatrics wants doctors to stop using the term "shaken baby syndrome" in favor of something more scientific.

The largest U.S. pediatricians' group recommends "abusive head trauma," calling it a more comprehensive diagnosis for brain, skull and spinal injuries associated with shaking and other head injuries inflicted on infants.

The academy says the new diagnostic term should be used in medical records and that it may provide more clarity in the courtroom.

These changes are in response to criticism of the term and defense tactics arguing that it is impossible to shake a baby hard enough to cause brain injuries without also breaking the infant's neck.  Although this has been refuted by the National Institute of Health, none the less, to avoid distractions in the courtroom, the newer terminology is preferred.

The pediatrics academy recommends the new terminology in a policy statement being published in the May issue of its journal, Pediatrics.

Dr. Cindy Christian, a co-author of the policy statement and a child abuse researcher at Children's Hospital of Philadelphia, said evidence shows babies can be injured by severe shaking alone but sometimes they have head injuries caused by other abuse as well.

The National Center on Shaken Baby Syndrome says an estimated 1,200 to 1,400 U.S. children are injured or killed by shaking each year, but that the number may be much higher since many cases likely are not detected.

Sports Concussions To Be Discussed At Next Meeting New York State Traumatic Brain Injury Services Coordinating Council

The next meeting of the New York State Traumatic Brain Injury Services Coordinating Council will be held this Wednesday, April 22, 2009 in Delmar, New York in the Main Conference Room of the Health Department offices located at 161 Delaware Avenue, Delmar. The meeting is scheduled to begin at 10:30 AM

We are scheduled to discuss the sports concussions and recommendations to the Commissioner of Health.

We have scheduled two nationally recognized experts to assist the council.  They are:

Mark Lovell, Ph.D., Director, University of Pittsburgh Medical Center, Sports Medicine Concussion Program

Brian Reiger, Ph.D., Director, Concussion Management Program & CNY Sports Concussion Center
SUNY Upstate Medical Center

As the chair of the New York State Brain Injury Services Council, I would encourage all those with an interest in this important topic to attend.  The meeting is open to all members of the public.

Never Shake A Baby

The National Center on Shaken Baby Syndrome has announced the launch of their new web site.  The Center has significantly expanded the site and it can be accessed  by clicking here .   

Fish May Be Brain Food

Teenage boys who regularly eat fish may be doing their brains some good, a new study suggests.

Swedish researchers found that among nearly 5,000 15-year-old boys they surveyed, those who ate fish more than once per week tended to score higher on intelligence tests three years later.

The findings are published in the journal Acta Pediatrica, March 2009.
 
Researchers believe that the omega-3 fats found in fish -- particularly oily fish like salmon, mackerel and, to a lesser extent, albacore tuna -- are important to early brain development and to maintaining healthy brain function throughout life.

The findings are based on data from 4,792 male adolescents who completed detailed questionnaires on diet and lifestyle when they were 15 years old, then underwent standard intelligence tests when they were 18.

On average, the researchers found those who ate fish more than once per week scored higher than those who ate fish less than weekly. This remained true when the researchers accounted for several other factors that influence both children's diets and their intelligence scores -- like parents' education levels and the family's socioeconomic status.