Brain Injury Lawyer - New York

New York City Brain Injury Research Symposium Announced

A one day symposium exploring cutting edge research on the brain and brain injury has been announced by the Brain Injury Association of New York State in conjunction with NYU-Hospital for Join Diseases.

The brain injury conference is scheduled to be held on December 4th from 9 AM to 4 PM at the Hospital for Joint Diseases conference center.

Some of the topics intended to be covered at the conference include:

• New Understanding of TBI Pathophysiology
• Evidence based approaches to cognitive remediation
• Treatment modalities for TBI related spasticity
• Mechanisms of blast related TBI
• Sports related concussion assessment and treatment
• Utility of eye tracking in mild TBI
• Pharmacological treatment of TBI related cognitive and behavioral problems
• New radiology assessments for TBI

More information on the conference can be obtained from the Brain Injury Association of New York State

Brain Injury: Tips for getting the most out of meetings with your attorney or physician

Brainline published my tips for persons who have sustained a traumatic brain injury to get the most our of their visits to professionals such as doctors and attorneys.  Often times, visits by those suffering from brain damage with professionals are frustrating experiences with very little gained.  Hopefully these tips will improve communication and make visits more productive.  This is useful information for those who have suffered a traumatic brain injury as well as professionals such as attorneys and medical providers who must interact with persons who have sustained brain damage.

The following question appears in their Ask the Expert feature: "I want to get the most out of my appointments with my attorneys and doctors. Do you have any suggestions for people with a traumatic brain injury in situations like these?"

You can read my complete response by going to brainline-ask the expert feature.

Housing conference for the disabled--Albany, New York

An important conference on exploring ways to advance opportunities for affordable housing for persons with a disability will take place in Albany, New York on October 6, 2009 from 8:30 am - 3:30 pm at the Crowne Plaza,State & Lodge Streets.

The conference is entitled, "Building Public/Private Partnerships to Advance Affordable Housing for People with Disabilities: Challenges and Opportunities"

Here is the list of speakers:

Welcome and Opening Remarks:
Diana Jones Ritter, Commissioner, NYS OMRDD

Keynote Speaker
Charles D. Hammerman,President & CEO, The Disability Opportunity Fund

Other Guest Speakers:
Priscilla Almodovar, President & CEO, NY Homes Deborah Boatright, District Director, Neighbor Works America Judith Nelson, President, Habitat for Humanity of NYS James Ahrens and JoAnne Schwartz, Vice President and Corporate CRA Officer, M&T Bank Michael Burgess, Director, The NYS Office for the Aging Melanie Shaw, Executive Director, The New York Association on Independent Living Terrence O'Neal, Principal, Terrence O'Neal Architect

The conference is sponsored by The Office of Housing Initiatives & Supports For More Information: (518) 473-1973

Loss of Self-Identity Following Traumatic Brain Injury

A front page story in Sunday's New York Times, entitled, After Injury, Fighting to Regain a Sense of Self, recounts the struggles of a 19 year old who sustained severe brain damage following a motorcycle accident.  The 19 year old was thrown from his motorcycle after a car traveling in front of him began to act erratically causing him to lose control of his motorcycle.  Although he was wearing a helmet, he none the less sustained severe brain damage.

The article explains that the brain damage sustained has resulted in injury to the medial temporal lobes of the brain resulting in a condition known as "delusions of identity"

A small group of brain scientists is now investigating misidentification syndromes, as the delusions are called, for clues to one of the most confounding problems in brain science: identity. How and where does the brain maintain the “self”?

What researchers are finding is that there is no single “identity spot” in the brain. Instead, the brain uses several different neural regions, working closely together, to sustain and update the identities of self and others. Learning what makes identity, researchers say, will help doctors understand how some people preserve their identities in the face of creeping dementia, and how others, battling injuries like the one described in the article, are sometimes able to reconstitute one.

For all that scientists have studied it, the brain remains the most complex and mysterious human organ - and, now, the focus of billions of dollars' worth of research to penetrate its secrets. The Brain Power series looks in depth at some of the insights these projects are producing. Read about the other articles in the Times Brain Power series.

New Health Insurance Protection for College Students--"Michelle's Law"

A new federal law effective this fall will provide needed protection to the health insurance benefits of college students who are compelled to take a medical leave of absence from school because of illnesss or injury.  The law will be particularly helpful for students who have sustained traumatic brain injuries and are undergoing prolonged brain injury rehabilitation.

Under usual circumstances, although health insurance policies typically provide coverage for dependent children attending college, if that attendance ends, the child would become ineligible for further medical coverage under their parents policy.

Under this new federal legislation termed "Michelle's Law", insurance policies effective on or after October 9, 2009 that provide medical coverage for dependent children must provide this continued coverage for dependent children who because of medical necessity must leave school. For policies on a calendar year basis, the law applies to policy renewing effective January 1, 2010.

The health insurance coverage must be extended for a period of one year after the first day of the medically necessary leave of absence begins.

In order for the dependent to be eligible for this continued coverage the group plan or policy issuer must receive written certification from the treating physician stating that the dependent is suffering from a serious illness or injury and that a leave of absence is medically necessary.

The new law is known as Michelle's Law and is public law no. 110--381 and will become part of th ERISA as section 714.

Returning to School Following A Brain Injury, Some Tips

Brainline has put together an excellent post entitled "Helping Your Child Return To School"  which contains many useful suggestions on practical accommodations that should be requested for your child.

They have prepared a list of common problems to help you and your child’s teachers start to develop an effective return-to-school plan. The list also describes common accommodations. An “accommodation” is a change in teaching method or classroom environment to help your child learn. Review the list. Talk with your child’s rehabilitation providers and teachers to see which items on the list may be most helpful. Your child’s teachers will probably want to include at least some of these accommodations in his or her education plan.

Remember that your child, when returning to schooll following a traumatic brain injury is protected under Federal legislation known as Individuals With Disabilities Education Act (IDEA).  Consult with an attorney to learn your rights.

New York State Mental Retardation and Developmental Disability New Information Line-Complaint Line and Web Site

The New York State Office of Mental Retardation and Developmental Disabilities (OMRDD) has established a new information and complaint line as well as a new web site.

The information line is designed to help people get answers to questions about supports and services for individuals with developmental disabilities in New York State.  It is also sued to take complains of alleged misconduct, fraud, waste and abuse in the service system. 

The toll free information line offers assistance in English, Spanish and most other languages.  A significant amount of useful information is also available at their web site.

The telephone number is 1-866- 946- 9733; TTY 1-866-933-4889.  You can also go to the Office of Mental Retardation and Developmental Disability web site. 

See the railroad spike that pierced the brain of Phineas Gage

Those who know the story of Phineas Gage will appreciate the photo below of Gage holding the famous railroad spike the pieced his brain.  This is a true event that took place in 1848.  Gage was the foreman of a construction crew laying a railroad roadbed.  As he was packing powder and sand into a hole in rock, the powder detonated, sending the 13-pound tamper into his cheek and out of the top of his head. It landed 25 to 30 yards behind him.

Surprisingly, Gage never lost consciousness even  though most of the front of the left side of his brain was destroyed. He made a full physical recovery over the following 10 weeks, but his personality was irreversibly altered. Whereas he had once been an intelligent and even-tempered worker, he had overnight become irreverent, grossly profane, obstinate, capricious and ill-tempered. His friends said he was "no longer Gage."

The story is taught in medical schools to emphasize that you do not need to lose consciousness to suffer a severe brain injury and that a brain injury can cause profound behavior changes in the individual.

The photo and story of how it was discoverd can be found in a recent article that appeared in the LA Times, What happened next for famous brain injury patient.

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

Concussion Insurance Benefits for Student Athlethes

Here is some hopefully, refreshing news from an insurance company for a change.  It has been reported that Wells Fargo’s Student Insurance Division (SID) and the Sports Concussion Institute (SCI) has launched Play It Safe Concussion Care (PSC). According to the insurance carrier, it’s a new concussion management treatment and services solution for athletes nationwide.

PSC includes insurance underwritten by National Union Fire Insurance of Pittsburgh, and provides concussion medical expense benefits for athletes who sustain a covered head injury.

The company stated that the process begins with a baseline assessment by SCI, or its affiliated medical providers, which includes a neurocognitive evaluation administered to athletes pre-season. Athlete suffering a covered head injury would receive a post-injury assessment to compare to their baseline results, helping to evaluate the extent of the injury and inform treatment. 

Let’s hope that the “covered” head injuries is not so restrictive as to make the coverage meaningless. I am hopeful that any concussion or even suspected concussion should be covered for post-injury assessment and any player who is diagnosed with a concussion should receive rehabilitation benefits under the plan.  If not, then the coverage is not very beneficial.