Brain Injury Lawyer

I read a very interesting article published by the Journal of Emergency Medicine (September 24, 2009) which contained a research article studying the adult motorcycle crashes and the effect and comparing helmeted to unhelmeted motorcyclists.  The study conducted by researchers at the Department of Surgery and Trauma Services in the University Medical Center at Brackenridge, Austin, Texas compared the outcomes of helmeted versus unhelmeted motorcyclists involved in motorcycle crashes.  This retrospective study (1994 - 2006) of adult motorcycle crashes found that unhelmeted riders had a higher Injury Severity Score, lower Glasgow Coma Scale score and more hypotension.  The study found that unhelmeted riders had worse outcomes including higher rate of severe disability, more days in the hospital and intensive care unit, incurred higher hospital charges and had higher mortality rates. 

This study is further proof of the need for all states to require helmets for motorcycle operators.

I read an interesting story in the Wall Street Journal today, which raises the question as to whether or not helmets should be banned in the National Football League (NFL). In recent months the NFL has come under scrutiny after research revealed the long-term dangers associated with concussions and other head injuries sustained by players during a game.

Though everyone knows football has always been a dangerous sport, recent research proves that although a player may seem fine after an injury, and even though medical teams have cleared the player to return to the field, the dangerous and life-threatening effects of the injury will remain long after the game has finished.

Congress even called a hearing on the subject last month, questioning NFL officials as to the care of retired players. Roger Goodell, commissioner of the NFL, defended the league’s response to the issue of concussions and the care of retired players during questioning from the House Judiciary Committee.

But now the recent question has been asked, “Why do football players wear helmets in the first place? And more important, could the helmets be part of the problem?” Some believe that removing the helmets will encourage players to be less forceful when playing, and in turn will reduce the number of head injuries. Though other medical professionals claim that helmets are the reason serious injuries and death are prevented in most cases.

Although there are conflicting beliefs as to what is best for players, the issue at hand remains: there is a dire need to prevent devestating long-term injuries in the NFL. The League needs to step up and find a way to protect it's players now, so that they will be protected long after the game is over.

Gay Culverhouse, President of the Tampa Bay Buccaneers and the daughter of their owner, testified before the House Judiciary Committee at its hearing on football brain injuries last Wednesday to, as she put it, “tell the truth about what’s going on while I still have the chance.”

In recent weeks, the National Football League and the players union have added programs to aid former players after pension and disability plans came under public fire two years ago. One helps with joint-replacement surgeries, another with cardiovascular health screenings. The most prominent is the 88 Plan, which helps pay expenses for players with dementia. While these assistance plans are needed in order to treat the hundreds of retired players who are suffering, prevention is still key.

You can read more on Culverhouse's mission in association with the NFL online here.

Experts in the field of neuroscience will discuss the integration of Military, Professional Sports and Youth Sports programs to better prevent, identify and treat brain injuries at a special Host Committee dinner discussion during the Sarah Jane Brain Foundation's Annual Angel Awards banquet, the organization announced today.

The SJBF also announced that 100% of the donations received from the American PABI Heroes Concert, which will be held after the Angel Awards Reception, as well as all of the online donations made during its live webcast will be donated to the Intrepid Fallen Heroes Fund (which is building the National Intrepid Center of Excellence for Traumatic Brain Injury in Bethesda, MD).  All of these events will be held at Webster Hall in New York City on Tuesday, November 17 and will be open to the media.

The Discussion will be moderated by Dr. Daniel Perl, Director of the Neuropathology Division at Mount Sinai School of Medicine and the host Committee Dinner Dialogue Discussion will feature:

• Dr. David Hovda, Director the UCLA Brain Injury Research Center who is advising the Pentagon on brain injuries
• Dr. Thom Mayer, Chairman of Best Practices and Medical Director for the NFL Players Association
• Dr. Gerard Gioia, Chief, Division of Pediatric Neuropsychology; Director, Safe Concussion Outcome, Recovery & Education (SCORE) Program at Children's National Medical Center
• Mr. Chris Nowinski, President and CEO of the Sports Legacy Institute

Imediately following the Annual Angel Awards Reception, Webster Hall will be opened up for a concert performance by all the semi-finalists, with 100% of the ticket sales being donated to the Intrepid Fallen Heroes Fund.  The concert will be webcast live and all of the online donations made during the day will also be donated to the Intrepid Fallen Heroes Fund.

Ten bands who were selected this spring as semi-finalists from around the country compete during the day to become the "American PABI Hero." The bands competing include:

• Boston, MA: Slow Century
• New York, NY: April's End
• Raleigh, NC: The Wayves
• Raleigh, NC: Sights of Sound
• Miami, FL: The Nicole Patrick Band
• Columbus, OH: OfHuman
• Chicago, IL: ZC Flawless Drumline
• Dallas, TX: Lately
• Denver, CO: J. Co
• Los Angeles, CA: Me & Heath

The events will take place Tuesday, November 17, 2009, at Webster Hall, 125 East 11th Street, New York City beginning at 11:00 am - 3:00 pm with the American PABI Heroes Grand Finale. From 6:00 pm - 8:00 pm Annual Angels Awards Reception will be held at a cost of $150 per person (VIP tickets: $1,000). Immediately following the dinner will be the Host Committee Dinner Dialogue Discussion about the Integration of Military, Professional and Youth Sports programs for the prevention, identification and treatment of brain injuries from 8:00 - 10:00 pm. Additionally, the American PABI Heroes Concert for The Intrepid Fallen Heroes Fund will be held from 8:00 pm - 12:00 am.

For questions or additional information, please contact Sarah Jane Brain Foundation's Communications Director, Jennipher Dickens at (212) 576-1180 or Jennipher@TheBrainProject.org.
 

On October 13, 2009, Congressman G. K. Butterfield (NC) introduced the Pediatric Acquired Brain Injury (PABI) Act of 2009. The bill states that Pediatric Acquired Brain Injury is the leading cause of death and disability for children and young adults under the age of 25 in the United States. The PABI Act also endorses the National Pediatric Acquired Brain Injury Plan, which is designed to develop a seamless, standardized, evidence-based system of care universally accessible for children, young adults and their families throughout the United States who suffer from PABIs.

50 representatives signed the Bill as co-sponsors, several of which are representatives from New Jersey. These members include: Rush Holt, Bill Pascrell, Steve Rothman, Leonard Lance Frank LoBiondo, Donald Payne, and Chris Smith. This is a great step forward in national recognition of PABI and I am proud of the above-mentioned New Jersey representatives who took the initiative to assist in moving forward with this necessary bill.

Last week, I attended the North America Brain Injury Society’s annual medical legal seminar in Austin, Texas.  The conference consisted of two programs running simultaneously, one a medical conference for medical providers and the other a medical legal program to educate both plaintiff and defense attorneys regarding traumatic brain injury.  The attendees were privileged to hear from the top doctors in the United States on such issues as neuroimaging, concussion in sports, neuropsychology issues and mild traumatic brain injury which was presented by Ronald Ruff, Ph.D.

There was also an outstanding presentation regarding the proposed pediatric national plan (PABI) by Ronald Savage, Ed.D. and Patrick Donohue.  Mr. Donohue is the founder of the Sara Jane Brain Injury Project and the leading force in having legislation introduced to set up a national pediatric acquired brain injury program.

On Saturday, we heard an outstanding program presented by Michael E. Nelson, Esq. of Seattle, Washington.  Mr. Nelson was the leading force in the enactment of the Lystedt Statute in Washington State regarding the issue of return to play after concussion in youth sports.  Mr. Nelson was instrumental in advancing legislation in Washington that was ultimately passed and signed which requires that a child who sustains a concussion during a sporting event be withheld from returning to play until that child is evaluated and cleared by a medical physician who specializes in the treatment and evaluation of children who have sustained brain injury.

On returning from the conference, I have begun to work on having such legislation introduced and passed here in New Jersey. 

Last Thursday evening, the Trial Attorneys of New Jersey (TANJ) presented me with this year’s Trial Bar Award for outstanding trial advocacy and professionalism.  TANJ’s mission is to preserve and improve the civil and criminal justice system in New Jersey.  The highlight of the year is its annual trial bar award’s banquet and the presentation of its esteemed trial bar award. 

This year I was honored to receive the award along with Carol Forte, Edward Deutsch and Louis Rupprecht. 

Past recipients of this prestigious award include former Governor and Chief Justice Richard J. Hughes, former New Jersey Supreme Court Justice Robert L. Clifford, and David T. Wilentz who as Attorney General of New Jersey successful prosecuted Bruno Hauptmann in the Lindbergh kidnaping trial.

It was a wonderful event and I was extremely honored to receive this award.

I read an interesting article online last week which details the career of Kyle Turley, offensive tackle for the New Orleans Saints, St. Louis Rams and Kansas City Chiefs. The article recounts the injuries Turley sustained over his nine years in the National Football League and the devastating long-term effects those injuries have had, and continue to have, on his health.  The article serves as an eye-opening inside look into the pressures players face on the field to put the game ahead of their health.

You can read the full article online here.

The New Jersey Division of Disability Services has decided to change the Traumatic Brain Injury (TBI) Fund. Current financial conditions and a growth in the number of fund cases has resulted in changes which will impact benefits and coverage. As a result, medical co-pays for doctor visits; pharmaceutical co-pays; health insurance / COBRA premiums; disposable medical supplies; co-pays for therapy services; and medical gym memberships will no longer be covered.

For those individuals who have previously been awarded coverage for these items, the Division will continue payments for up to 90 days of service ending on or before December 31, 2009. As of January 1, 2010, no further payments will be made.

For more information on what these changes will mean to you and your family, visit the Division of Disability Serives online here.

The Brain Injury Association of New Jersey’s Children & Adolescents Committee will hold the next session of Brain Injury Basics for Parents & School Professionals next Tuesday October 20, 2009 from 6:30 – 8:30 PM at Rowan University, Chamberlain Building, Room 221, 201 Mullica Hill Road, Glassboro, NJ 08028. The seminar will be presented by Barbara Leech, Ph.D., a Pediatric Neuropsychologist.

The educational seminars are intended for parents, school professionals, and other interested health and disability professionals. During the seminar, attendees will learn to identify, understand and respond to the special needs of students with brain injuries. Professional Development Hour certificates can be presented to school professionals. For additional information or to RSVP, contact Justin Stanley of the Brain Injury Association of New Jersey at 732-745-0200 or by email at jstanley@bianj.org.