Brain Injury Lawyer - New York

Congratulations to Shana De Caro -- New Chair Traumatic Brain Injury Litigation Group, American Association for Justice

Congratulations to my partner, Shana De Caro on her election as chair of the American Association For Justice, Traumatic Brain Injury Litigation Group at the association's  annual conference held earlier this week in Baltimore, Maryland.

The traumatic brain injury litigation group provides the latest information to attorneys representing victims of traumatic brain injury on effective strategies to establish and prove the lifelong consequences of brain damage sustained; new advances in brain injury medicine including diagnosis, treatment and using imaging studies.  Each year the group sponsors seminars to educate attorneys on cutting-edge developments in traumatic brain injury litigation.  The group reviews the latest medical literature on traumatic brain injury, new diagnostic test methods, and recent court decisions pertaining to the traumatic brain injury litigation and the latest trial techniques to convey the full extent of the consequences of traumatic brain injury in court.

The group comprises attorneys from throughout the nation who represent clients with traumatic brain injury caused by automobile collisions, truck and bus accidents, head injuries sustained on construction sites, falls and medical malpractice. 

Shana De Caro has been an active participant in the group since its inception in 1991 and has served on its executive board for the past ten years. In addition to her service on the traumatic brain injury litigation group, Shana also serves on the board of directors of the New York State Academy of Trial Lawyers, is a trustee and officer of the Civil Justice Foundation and an elected fellow of the Melvin Belli Society.  Shana is also a member of the Advisory Board, Acquired Brain Injury Program, The George Washington University, Washington, D.C., Graduate School of Education, and Human Development and has been selected as a New York Super Lawyer.

VA develops concussion app to assist in concussion management

The Veterans Administration has developed a new mobile app that provides information on concussion symptoms and the self-management of the common symptoms following a concussion.

The concussion app’s main goals are:

• To provide education about a concussion
• To provide a 22 question inventory about symptoms that may develop following a concussion including dizziness, balance problems, headaches, memory and concentration impairments,
• To provide tools to assist individuals properly manage the symptoms of mild traumatic brain injury when they develop
• To provide resources and support for professional care and web sites with information about traumatic brain injury.
• The app can be used by anyone and is not restricted to veterans. 

More information is available by clicking here

 

 

Post Concussion Sleep Issues-Department of Defense Issues New Recommendations

New recommendations from the U.S. Department of Defense (DOD) advise that all patients with concussion symptoms should be screened for the presence of a sleep disorder and patients.  Additionally, patients should be asked if they are experiencing frequent difficulty in falling or saying asleep, excessive daytime sleepiness or usual events during sleep.

These new recommendations were released this month by DOD along with support tools to assist in the identification and treatment of sleep disturbance in persons following mild traumatic brain injury, also known as a concussion.

Sleep disorders are a frequent symptom following a concussion and must be identified and treated as soon as possible.  According to many medical experts, a good sleep cycle is critical to the brain’s ability to heal and recover following a concussion. 

The new Management of Sleep Disturbances following Acute Concussion/Mild TBI Recommendations suite is composed of clinical recommendations, a clinical support tool, a provider education slide deck and a patient education fact sheet.  More information can be obtained by clicking here.

Lead Off Speaker at American Association for Justice-Traumatic Brain Injury Litigation Group

On Sunday, July 27^th, I will be the lead off speakier at the annual conference of the American Association for Justice, Traumatic Brain Injury Litigation Group’s annual program to be held this year in Baltimore, Maryland.

My topic this year is entitled, From Concussion to the Classroom and Playing Field.  I will explore the many legal issues in recently enacted concussion management legislation, public health issues and additional steps that must be taken to protect our nation’s youth from the epidemic of traumatic brain injury in all sports.

Recent evidence points to over 250 million of our nation’s youth sustain some type of a traumatic brain injury each year while participating in athletic competition all athletic training.  Brain injury in sports is a public health crisis that must be approached from many different areas including education, prevention, return to play guidelines and legal liability when a preventable brain injury takes place.

The legal conference is a part of the four day conference sponsored each year by the nation’s largest trial lawyer association, the American Association for Justice.  The conference each year is attended by over 2,000 attorneys from across the nation.  The conference provides educational skills to attorneys on how to more effectively represent their clients following a personal injury.  

The traumatic brain injury litigation group is comprised of attorneys who have a special interest in the area of traumatic brain injury litigation.  I have been honored to have been a chair of this group and continue to serve on the group’s executive board. 

Save VA Benefits for Brain Injured Veterans

The Brain Injury Association of America has just issued the following Action Alert:

 

Protect Access to Care for Veterans

Call Congress Today!

 

As a member of the large and growing community that understands the importance of thoughtful, comprehensive care for individuals living with brain injury, we wanted to inform you of an important program for America's veterans that is in danger of shutting down if Congress does not act soon. 

 

Established by Congress in 2008, the Assisted Living TBI Pilot Program has made it possible for hundreds of wounded warriors to receive specialized, post-acute brain injury rehabilitation in the community.The program provides critical, real-life skills to help veterans return to their homes and communities. It has been a lifeline for dozens and dozens of veterans.

 

Unfortunately, the Department of Veterans Affairs has announced that it will end the pilot program on September 30, 2014 unless Congress takes action to extend it. This means that the VA will soon begin to discharge veterans from the program.The Wall Street Journal recently highlighted the importance of the program and the challenges faced by many if Congress doesn't act soon.

 

We need your help to make sure the Assisted Living Pilot Program for Veterans with TBI continues to make a meaningful difference for America's heroes.

  

Please call your Member of Congress and make sure they know how important the program is to veterans and urge them to support extending the pilot program. You can reach your Representatives and Senators by calling the U.S. Capitol Switchboard at (202) 224-3121 where you will be transferred directly to their offices. Thank you for your crucial contribution to this effort.

Brain Injury and Concussion Awareness Day at Citi Field Sponsored by Brain Injury Association of New York State

The Brain Injury Association of New York State (BIANYS) will again be hosting Brain Injury and Concussion Awareness Day at Citi Field with the New York Mets on September 28, 2014.

BIANYS is selling field level tickets to see the Mets take on the Houston Astros at the last regular season home game of the year. You can obtain more information and purchase your tickets by clicking here.  

August and September 2014 Brain Injury Conferences

The following brain injury conferences scheduled for August and September  2014 may be of interest to my readers:

August 1
Brain Injury: The Family's Journey
Sioux City, IA
855 444-6443. click here

September 11-12
Brain Injury Association of Michigan Annual Conference
Lansing, Michigan
810 229-5880  click here

September 24-26
Brain Injury Association of Canada Annual Conference
Gatineau, QC, Canada
613 762-1222 click here

 

 

 

.

 

 

Congressional Brain Injury Task Force Urges FIFA To Take a Hard Look at its Concussion Management Protocol

In a letter to FIFA, the co-chairs of the Congressional Brain Injury Task Force, urged that the world soccer organization take immediate steps to address their “inadequate approach toward traumatic brain injury.”

Here are some excerpts from the congressional correspondence raising questions about FIFA’s concussion management protocol:

     “This threat was on full display during the World Cup, where several players were left in obvious pain after receiving blows to the head. Of note, Álvaro Pereira, Javier Mascherano, and Christoph Kramer all endured brutal head injuries during play. Unfortunately, their pain wasn’t the only thing that these players had in common: each of them returned to the field almost immediately after a brief, sideline evaluation by a team doctor. In the case of Mr. Pereira, the team doctor even signaled to the manager that a substitution was necessary; however, the player insisted that he continue and he was reintroduced to the game. While Messrs. Periera and Mascherano continued to play for the remainder of their matches, Mr. Kramer collapsed on the field after fifteen minutes and was finally substituted out. He stated the next morning that he had little memory of the game.”

   " Unlike in many other professional sports, following a player injury, the decisions of team doctors, who are rarely neurologists, can be overruled by coaches or the players themselves. This flies in the face of everything we know about TBIs, inadequate diagnosis and treatment, and the severity of this condition. Even after his team’s doctor advised him to leave the field, Mr. Pereira refused. This strategy is not sufficient in adequately diagnosing and treating players who have sustained head injuries. In the National Football League, for example, an independent doctor, unaffiliated with the team, must be present to evaluate all potential head injuries and make final decisions about whether it is safe for a player to return to the field."

Social Workers Can Assist Patients to Recover from a Traumatic Brain Injury

A 20 minute conversation with a social worker has the potential to reduce the functional decline of persons diagnosed with mild traumatic brain injury according to a recent study published in May in the Journal, Brain Injury: The emergency department social work intervention for mild traumatic brain injury.  A pilot study.  Brain Injury, 2014; 28 (4): 448

Mild traumatic brain injury is often difficult to detect and may go undiagnosed in the emergency department of a hospital.  Common symptoms of a concussion or mild traumatic brain include headache, nausea, vomiting, dizziness, blurred vision, fatigue and sleep disturbances.  According to the Centers for Disease Control (CDC) not everyone gets all of these symptoms and not all symptoms appear at once.  Some individuals do not develop some or all of these symptoms for days or even weeks after the initial brain injury.

 

If a patient does go to the emergency room to be evaluated, he or she may go home thinking they’re OK, but then begin to develop these physical symptoms including problems with memory, concentration and multi-tasking when doing routine tasks. 

 

That’s why it is important that all individual with seen in the emergency department receive a consultation with a social worker before they are discharged.  The social worker can provide patients with information about what may happen to them over the next several days or weeks.  The social worker can suggest potential coping strategies, provide resources in case these symptoms develop for proper follow up care and ease the mind of the individual.   

Brain Injury Association of America July Legislative Update

The following legislative summary was prepared by the Brain Injury Association of America (BIAA): 

BIAA Presents at Congressional Briefing Highlighting Study on Outcomes for People with TBI: 

Brain Injury Association of America (BIAA) president and CEO Susan Connors presented at a Congressional briefing hosted by Sens. Tim Johnson (D-S.D.) and Mark Kirk (R-Ill.) on Thursday, July 10. The briefing was held to announce the results of a study on outcomes for people with traumatic brain injury (TBI) and stroke conducted by Dobson DaVanzo & Associates, LLC. 

The study, Assessment of Patient Outcomes of Rehabilitative Care Provided in Inpatient Rehabilitation Facilities and After Discharge, is the most comprehensive national analysis to date examining the long-term outcomes of clinically similar patient populations treated in inpatient rehabilitation settings and skilled nursing facilities. The research shows that people with TBI and stroke who were treated in inpatient rehabilitation settings had better long-term outcomes than those who received care in a skilled nursing facility.

The Workforce Innovation and Opportunity Act

The Workforce Innovation and Opportunity Act (WIOA) passed the House of Representatives this week. WIOA will provide better employment opportunities for individuals with disabilities. The Senate passed the bill with a 95-3 vote. It is expected the President will sign the WIOA bill into law soon. This legislation is considered the most important disability legislation passed since the groundbreaking Americans with Disabilities Act which was passed in 1990. BIAA applauds Congress for working together to pass this important legislation that will improve the lives for individuals living with disabilities caused by brain injury.

Congress Introduces the IMPACT Act

On June 26, Senators Ron Wyden (D-OR) and Orrin Hatch (R-UT), as well as Congressmen Dave Camp (R-MI) and Sandy Levin (D-MI) introduced the Improving Medicare Post-Acute Care Transformation (IMPACT) Act. They introduced the bill almost three months after releasing a bipartisan discussion draft. During the past few months, Senate and House committee staff have been meeting with a series of stakeholders on the bill including the Brain Injury Association of America.

The IMPACT Act lays out a framework for collecting standardized assessment data across post acute care (PAC) settings, which could then be used to transition Medicare's current silos of PAC payments from a fee for service payment structure to a pay for performance reimbursement structure. This payment structure would be prospective, unified across settings, and based on patient assessment data, as opposed to being dependent on the PAC setting in which the patient is treated.

TBI Act included in Mid-Year Committee Report

This week, U.S. House Energy and Commerce Committee Chairman Fred Upton (R-MI) released a report on the accomplishments of the committee in the first six months of 2014. The TBI Act, HR 1098, which was passed by the House of Representatives in June 2014, was included in the report.

Congressional Brain Injury Task Force Hosts Crash Reel Screening

The Congressional Brain Injury Task Force, co-chaired by Reps. Bill Pascrell Jr. (D-NJ) and Tom Rooney (R-FL), will host a Congressional screening of the film Crash Reel on Tuesday, July 15, 2014 from 6:00-8:00 p.m. in the Rayburn House Office Building, Room 2103. BIAA is sponsoring the screening of Crash Reel. The film features Kevin Pearce, a professional snowboarder, who sustained a TBI at the height of his career. This event will feature a discussion with Kevin Pearce who is now retired from professional snowboarding.