Brain Injury Lawyer - New York

The death of Junior Seau--traumatic brain injury and the implications for football

I will be speaking live this morning with Joe Bartlett on WOR Radio 710 AM discussing traumatic brain injury , the suicide death of Junior Seau and its implications for football and the current class action lawsuits brought against the NFL.

Live streaming broadcast by clicking here

Important Message on Nursing Home and Hospital Care in New York

Stop Nursing Home & Hospital Chains From Taking Over Patient Care In New York State

The NY Senate's budget proposal includes a provision to allow chain ownership of healthcare facilities - including nursing homes and hospitals - in New York State. This would radically change the "business" of healthcare in New York.  The State has long prohibited private equity like publically traded corporations from owning healthcare facilities as a means of protecting New Yorkers from providers whose first priority might be satisfying their shareholders and who could remove assets and operations from the state, thus making them unaccountable for the care they provide to our citizens.

According to a recent report from The Center for Medicare Advocacy  click here:

In 2011, the first-ever analysis of the ten largest for-profit nursing home chains reported that between 2003 and 2008, compared to all other ownership groups, facilities owned by the top ten for-profit chains had:

1.    The lowest staffing levels;

2.    The highest number of deficiencies identified by public regulatory agencies; and

3.    The highest number of deficiencies causing harm or jeopardy to residents.

The Government Accountability Office (GAO) reported in 2011 that nursing facilities acquired between 2004 and 2007 by the top ten private equity firms:

1.    Had more total deficiencies than not-for-profit facilities;

2.    Reported lower total nurse staffing ratios; and

3.    Showed capital-related cost increases and higher profit margins, compared to other facilities.

In 2010, the GAO reported that compared to other nursing facilities, Special Focus Facilities (i.e., those identified by CMS as among the poorest performing facilities nationwide):

1.    Are more likely to be part of a chain and for-profit, compared to other facilities;

2.    Have fewer registered nurses per resident day; and

3.    Are ranked lower on CMS’s Five-Star System.

In short, opening the door for private equity to operate in New York would put New Yorkers at serious risk.  This is not a step that should be taken lightly or slipped into a large budget proposal. Please speak out now to let Governor Cuomo and our Senators and Assembly members know that you are concerned about this issue.  Click here to take action now.

The New York based nursing home and medical malpractice lawyers at De Caro & Kaplen, LLP can assist you in a case against a nursing home for poor care casuing bed sores, falls, medication errors or patient abuse. 

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.

Recall of Child Helmets-Triple Eight "Little Tricky" Helmets

The Consumer Product Safety Commission (CPSC) announced a recall by Triple Eight Distribution of their Little Tricky multi sport helmets which failed impact testing. Over 30,000 of them have been sold, and they have been on the market since 2006. Little Tricky models are classic skate-style hard shell helmets for children and youth, and have "Little Tricky" in large type on both sides. The retail cost is about $40. Only Triple Eight and Sector 9 size "S/M" EPS Liner helmets are being recalled. Consumers should stop using the helmet immediately and contact Triple Eight for a full refund.

The recall info on CPSC's web site includes photos and can be viewed by clicking here

Any child who sustained brain injuries while wearing this helmet should obtain legal representation as soon as possible.  You can contact our brain injury law firm for advice and assistance. 

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.

New York Brain Injury Association Art Exhibit-Call for Artists

The Brain Injury Association of New York State (BIANYS) will present the Annual Art Exhibit at the Empire State Plaza South Concourse in Albany. The show will run from February 13 - 17, 2011 and is free to the public. This is the 19th consecutive Brain Injury Association art exhibit and the Brain Injury Association is looking for artists to exhibit their work.

Call for Artists

BIANYS is looking for artists who have sustained a brain injury to participate in the exhibit. The Annual Art Exhibit is a great way to bring attention to the wonderful artists in our community, and raise awareness of brain injury at the same time. Please distribute information about the Art Exhibit to any artists who may be interested.

If you are an artist interested in displaying your work, please complete a participation form and submit it to BIANYS with your artwork. Any artistic medium is accepted; in past years the association has included work ranging from paintings, poetry, stained glass, photography and more.

New York Brain Injury Association Invites the Public to Visit

BIANYS encourages the community to visit the Art Exhibit and support all of the artists who make it possible. The Empire State Plaza is open to the public and there is no cost to view the artwork displayed. BIANYS will staff an information table between 11am and 2pm during the show, but the work will be up and available for viewing as long as the Concourse is open. Visit the BIANYS website for a downloadable Art Exhibit flier, which can be displayed to promote the show to visitors.

Questions and Information:  If you have any questions about the Exhibit, or about submitting artwork, please contact Vicki Clingan at (518) 459-7911 or at her email.

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.

Graduate Program in Special Education & Transition Services in Brain Injury

The George Washington University was the first post-secondary institution in the nation to have developed and implemented a specialized graduate degree program, geared toward training professionals in the field of special education and brain injury.  For the past five years I have had the privilege of being a guest instructor for this wonderful program.

The brain injury special educator may work directly with children with acquired brain injury (ABI) or with the school teams and families who support them. The curriculum is focused on training teachers to work in high need school districts and high poverty schools where the incidence of pediatric brain injury is very high. Students are offered the opportunity of specialized coursework, high quality supervised practica and internships, as well as ongoing school and community-based mentorship opportunities.

You can earn a Master’s while pursuing teacher licensure in Special Education.  You can prepare to become a special education teacher to serve school age children and youth with traumatic and acquired brain injuries. The program includes on-campus and on-line coursework, and is possible to complete within two years.

Scholarships are available to qualified students through a grant from the U.S. Department of Education that offers up to 75% of tuition. Questions? Contact Theresa Sacchi Armstrong at 202-994-7306 Read more about the George Washington University Graduate Program in Acquired Brain Injury.

Low fare buses raise major accident safety concerns

Following a fatal bus accident in the Bronx resulting in the death of 15 individuals and injuries to another 18, the National Transportation Board launched a study on the safety of low-fare curbside bus companies. Bus accidents result in many traumatic brain injuries.

The federal bus safety study found that these bus companies are involved in fatal crashed seven times as often as those run by traditional companies.

The bus driver returning from a Connecticut casino to the Manhattan’s, Chinatown lost control after it struck an overhead sign causing the bus to roll over on its side.

The report is entitled, “Report on Curbside Motorcoach Safety” and contains the following key findings:

 •In general, motorcoach travel is safe. However, curbside carriers with ten or fewer buses AND carriers who have been in business for ten years or less, have higher accident rates and higher roadside inspection violation rates.

•The fatal accident rate for curbside carriers from January 2005 to March 2011 was 7 times that of conventional bus operations: 1.4 fatal accidents per 100 vehicles for curbside carriers compared with 0.2 fatal accidents per 100 vehicles for conventional scheduled carriers.

•The exclusion of buses from routine enroute inspections - especially of curbside carriers that don't operate from terminals - reduces opportunities to discover safety violations.

•The FMCSA is overburdened. For example, 878 FMCSA and state personnel are responsible for compliance reviews for more than 765,000 U.S. motor carriers, a ratio of 1.15 investigators per 1,000 motor carriers.

•Bus driver fatigue, a contributing factor in many accidents, is a continuing safety concern.

You can read the executive summary of the bus safety study by clicking here.

The brain injury law firm of De Caro & Kaplen, LLP can provide legal assistance for injuries caused by a bus accident.

Let's promote safe driving for your nation's youth.

Motor vehicle accidents are a leading cause of traumatic brain injury in young adults. 

National Teen Driver Safety Week is an annual observation which takes place October 16-22. This year’s theme is to support parents in teaching their teens to drive. According to new research from The Children’s Hospital of Philadelphia (CHOP), 87 percent of teens report having a parent involved in learning to drive, and four of 10 teens report being taught only by a parent. Other recent CHOP research suggests that although parents can identify the basic concepts teen drivers need to learn (such as parking), they tend not to mention the more advanced skills proven to reduce teen crashes, such as scanning for hazards.

Driving Experience Is Necessary. For their safety, teens must log plenty of time behind the wheel to gain driving experience. In New York, junior permit holders are required to log at least 50 hours of supervised driving – with at least 15 of these hours after sunset – before taking a test to obtain a driver’s license. In addition, teens must have a junior permit for at least six months before a junior or senior license is issued.

Parenting Style Matters for Teen Driving Safety. According to CHOP, teens who say their parents set rules and pay attention to their activities in a helpful, supportive way are half as likely to be in a crash.

Parent/Teen Driving Agreements. Parents of junior licensed teen drivers are advised to use a parent/teen driving agreement to set clear rules, boundaries and expectations about driving behaviors. Teens should be aware that motor vehicle crashes are the leading cause of deaths for teens and that rules are in place to keep them safe, not control them. New privileges can be introduced as driving skills improve and teens exhibit responsible driving. For more parenting tips on teen driving safety, click here. For samples of parent/teen driving agreements or contracts click here .

Want More Information? Traffic safety educational materials and driving management tools for parents of teen drivers provide guidance on teaching teens to be safe drivers and can help manage newly licensed teens’ driving. Parents and teens are encouraged to read and complete the NYS Department of Motor Vehicles’ “Parents Guide to Teen Driving” by clicking here  Parents and teens should also read, understand and comply with the NYS Graduated Drivers Licensing Law, available by clicking here.

For additional teen driving safety information, click here or here.