Brain Injury Lawyer - New York

Workplace Flexibility Toolkit following a brain injury or other disability

Survivors of traumatic brain injury are entitled to reasonable accommodations in the work place.

The Office of Disability Employment Policy has released the Workplace Flexibility Toolkit, a collection of more than 170 resources for employees, employers, policymakers, and researchers. 

Workplace Flexibility enables individuals and business needs to be met through making changes in when, where and how an employee works.

The toolkit includes case studies, fact and tip sheets, issue briefs, reports, articles and links to web sites.  The toolkit can be accessed by clicking here

 

CDC webinair explores disability issues

The Centers for Disease Control and Prevention (CDC) is offering a webcast: Public Health Grand Rounds: Where in health is disability? Public health practices to include people with disabilities

Time and Date: Tuesday, December 18, 2012, 1:00 pm – 2:00 pm (EST)

Overview:

Disability and health is the next topic at the CDC’s highly regarded Public Health Grand Rounds. The work of NCBDDD’s Division of Human Development and Disability and its network of partners (including the Ohio Disability and Health Program [ODHP] and other state grantees) will be featured through this broadly visible venue that reaches public health professionals, health care providers and others around the world that are interested in CDC’s work. 

To View the Live Webcast:

To view the live webcast on Dec. 18, please click here

Note: The webcast links are only active during the date and time of the session, but all sessions are archived for future viewing. Grand Rounds archives are found here

 

Brain Injury Action Alert: Stop the Medicare Therapy Cap

The Brain Injury Association of America has just issued the following legislative alert that requires action on your part:

Congress has less than 30 days to extend the Medicare therapy cap exceptions process. In order to ensure your voice is heard on Capitol Hill, The Brain Injury Association of America is working with the Therapy Cap Coalition to promote awareness of the December 31st deadline.

TODAY every member of the coalition is activating its grassroots network, and asking its members to email or call their legislators. You can help by calling or emailing your Member and ask them to extend the exceptions process through 2013. Without Congressional action, a hard cap of $1900 will take effect January 1, 2013. It is vital that PROVIDERS AND PATIENTS take action! Flood Congress with emails and telephone calls TODAY!

MESSAGE: • Ask your legislators to extend the Medicare therapy cap exceptions process through 2013. • Emphasize the patient impact of letting a hard cap of $1900 take effect in 2013. For example: o For many people with brain injury, rehabilitation is the single most effective treatment to restore function and arrest. Individuals that sustain a brain injury will need physical therapy, speech therapy and occupational therapy. Since no two brain injuries are the same one can not estimate the amount of therapy every individual will need therefore a cap on therapy will cause individuals to either forgo treatment or pay for it out of their own pockets.

 o Tell Congress that a hard therapy cap disproportionately impacts those patients who need treatment the most. The Brain Injury Association of America is working diligently with Congressional offices on Capitol Hill to develop a solution before year's end but TIME IS RUNNING OUT!

Please take five minutes and contact your legislators NOW. You can make a difference and help prevent a hard Medicare therapy cap of $1,900 from being implemented in 2013. To find your Representative's contact information click here or call 202-224-3121. To contact your Senator's click here or call 202-224-3121. If you have any questions please contact Amy Colberg at the Brain Injury Association of America. 

Exploring health care changes and their impact upon the brain injury community

Rarely does a day pass without some discussion about access to health care and health care reform. Whether it is Medicaid redesign, the Affordable Care Act, the U.S. Supreme Court decision, managed care, Medicare, Home health or health insurance—confusion abounds. The questions and concerns are even more immediate for the brain injury community.

On Wednesday, October 17, 2012 from 8:30 am to 1:00 PM the Brain Injury Association of New York State will present a program, "Brain Injury in the Community--Access to Services:The Changing Landscape" at the offices of OPWDD, First Floor Auditorim, 75 Morton Street, Manhattan, New York. I am pleased to be a panelist on this program discussing the future outlook for persons with a brain injury and their family members.

This program provides an opportunity for individuals with brain injury, family members, providers, and professionals to come together to learn about the health care changes on the horizon. This conference will address the impact these changes may have, and the challenges faced by the community moving forward.

Invited speakers are:

> Mark Kissinger
    Director, Division of Long Term Care, NYS Dept. of Health

> Mary S. Reitter, CAE
   Executive Vice President & COO, Brain Injury Association of America

> Joseph Vollaro, PhD
    President, RES Company, and Professor of Psychology, Suffolk County Com­munity College

> Michael V. Kaplen, Esq.
   Partner, DeCaro & Kaplen LLP, and Chair, New York State Traumatic Brain Injury Coordinating Council

> Marie Cavallo. PhD
    Associate Director, Adult Day Services, AHRC-NYC, and President, Brain In­jury Association of New York State

> Judith I. Avner, Esq.
    Executive Director, Brain Injury Association of New York State

 > Helen Bibawy, CBIS
    FACTS Coordinator, Brain Injury Association of New York State

To register on line, go to the brain injury association of new york state website. 

Brain Injury in a Prison Population

The Centers for Disease Control (CDC) has just released a study on the prevalence of traumatic brain injury (TBI) among prisoners.  The study is based upon research of the prison population in South Carolina.

Not surprisingly, the results show a significant proportion of the prison population has suffered brain damage as a result of a traumatic brain injury.

Results: Sixty-five percent of male releases and nonreleases, and 72% and 73% of female releases and nonreleases, reported at least 1 TBI with an alteration of consciousness. Forty-two percent of male releases and 50% of nonreleases, and 50% of female releases and 33% of nonreleases, reported at least 1 TBI with loss of consciousness. Thirty-five percent of male releases and 42% of nonreleases, and 55% of female releases and 58% of nonreleases, reported ongoing symptoms from TBI.

The study concludes that, “a substantial proportion of prisoners reported having experienced a TBI during their lifetime. The ongoing TBI symptoms reported by prisoners may impact their success on release.”

Journal of Head Trauma Rehabilitation: May/June 2012 - Volume 27 - Issue 3 - p E11–E20.  Click here to read full article.  

Brain Injury Attorney Comments on the National Football League's (NFL) motion to dismiss concussion lawsuits

The National Football League (NFL) filed motion papers yesterday in Federal Court in Philadelphia, seeking to have the multiple lawsuits brought against the league for their fraudulent conduct in hiding the dangers of the risks of concussion dismissed.  The league argues that these lawsuits must be dismissed, not because the allegations in the complaint are inaccurate or untrue, but because of contractual collective bargainning agreements that govern the issues.

The fraud and lies perpetrated by the National Football League in their management of the epidemic of concussions in professional football needs to be exposed and remedied. Not only for the benefit of the NFL players, but more importantly for the thousands of children, who look to the NFL players as role models.

Medical science repudiated the misconception that concussions are not brain injuries more than 30 years ago.  Research has repeatedly confirmed that traumatic brain injury has cognitive, behavioral, social and emotional consequences. Yet, the NFL steadfastly continued to ignore the warnings and consequences of brain trauma despite these impartial findings.  The sad truth is that innocent children have been and are continually exposed to the danger of brain trauma because of the NFL’s misleading conduct.

The league fraudulently created the mild traumatic brain injury safety committee ostensibly to protect players.  The NFL has steadfastly refused to acknowledge the accumulated and overwhelming medical link between head trauma, concussions, and disability, in administering the league’s disability plan. Conspiring with their physicians, the league has engaged in a pattern of civil racketeering, wrongly depriving players’ of due process, and a full and fair opportunity to obtain disability benefits, including medical and rehabilitation care.          

The current wave of suits provide no redress for wrongful denial of disability benefits. Contract changes are vital to remove the disincentive for players to hide their symptoms. It is essential that concussion disabled players receive full contract and disability benefits to provide adequate compensation and provide optimum brain injury rehabilitation for retired and current players who have sustained a traumatic brain injury. 

The NFL must be compelled to reopen the files of players whose disability claims have been wrongfully denied and apply a fair set of standards to reevaluate these claims.

The current suits do not seek to redress the league's deliberate misconduct denying players' contract disability benefits, but rather aim to penalize the league for morally reprehensible conduct - failing to design safe concussion management protocol. Failure to acknowledge scientific evidence and institute proper return-to-play protocol is not equivalent to legal liability. The failure to fulfill the terms of a guaranteed benefit plan, however, does expose the league to liability.

The league continues to ignore the warnings and consequences of brain trauma despite these impartial findings. Players who deliberately ignore symptoms and knowingly assume the associated risks in exchange for short-lived glory must share in the responsibility for the current crisis. This bargain includes a long-term disability plan ostensibly intended to provide lifetime medical benefits and economic compensation. The league's intransigent and systematic denial of brain injury disability retirement applications precludes brain injured players from receiving these benefits.

Earlier this year, similar comments of mine were published in the New York Daily News, Lawyers assert NFL needs to do more to address needs of players who suffer concussions.  

 

 

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.