Brain Injury Lawyer

Congressman Rush Holt will hold a town hall meeting Saturday June 20, 2009 at 2:30 PM at the Performing Arts Center of Monroe Township High School. During the meeting, Representative Holt will talk with residents about issues affecting Central New Jersey and the nation, including the economy, health care, education, national security, and anything else that may be of interest to those in attendance. This is an opportunity for those impacted by brain injury to express questions and concerns to Congressman Holt. Constituents can call 1-87-RUSH-HOLT with questions.
 

The State Senate Law and Public Safety and Veterans’ Affairs Committee passed Senate Bill No. 1212 [S1212] yesterday. The Bill, sponsored by Senator Anthony Bucco, would exempt recreational safety helmets from sales and use tax.

The Brain Injury Association of New Jersey testified in support of the bill and proposed amendments which would ensure that the purpose of the bill would apply to a range of other sport related helmets such as football, hockey, and baseball.

Congressman Frank LoBiondo (R-2), is a member of the Congressional Brain Injury Task Force and has been a long-time supporter of brain injjury awareness and education and recognizes the value of rehabilitation. A recent article on TheDailyJournal.com discusses Congressman LoBiondo's recent visit to HealthSouth Rehabilitation Hospital in which he visited with patients and reviewed the industry's latest in medical technology at HealthSouth, which are being used to help patients.

Congressman LoBiondo said in the article, "Most people don't give a lot of thought to rehab or the facilities until they or a family member needs it, then it becomes important," LoBiondo said. "The fact that you do the great job that you do is an untold story that needs to be told."

You can read the full article online here.

I read an article on the New York Times' website yesterday entitled, New Guidelines on Young Athletes’ Concussions Stir Controversy,  which discusses the guidelines used to regulate a student athlete's return to the field after a concussion has been suffered. While many are in favor of stricter regulations which are meant to protect students from long-term brain injuries, some now believe that the stricter guidelines can actually have a reverse effect on the players and their health.

Some professionals believe that imposing such strict guidelines will force students to lie about the severity of their injury in order to return to the field before they should. If this is the case, many students will go untreated for the initial injury and will be more susceptible to future long-term injuries.

The article discusses an international panel of neurologists who are updating their recommendations on concussion care in the May issue of The British Journal of Sports Medicine. The article states that any athlete age 18 or younger who was believed to have sustained a concussion during a game or practice should never be allowed to return to the playing field the same day. However, other doctors said they feared the effects of such strictness, and predicted that athletes would respond by hiding their injuries from coaches and trainers even more than they are already known to do.

You can read the full article online here.

I found an interesting article on the International Brain Injury Association’s website the other day written by Robert L. Shepherd MS, Certified Medical Illustrator and Vice President & Director of Eastern Region Operations for MediVisuals Incorporated.

The article discusses how medical and health care professionals are often called upon to provide expert opinions during litigation. Those experts providing medical/legal opinions may either be called due to their role as a treater of a patient involved in litigation or retained to provide so called “expert witness” testimony because these specialists are recognized as experts in a specific area (even though they may not have treated a patient involved in litigation). In either case, the role of the testifying professional is very important in helping decision makers or triers of fact identify and appreciate the truth in order to achieve just resolution of the contested issue(s).

The article goes on to discuss the challenges testifying professionals will need to consider in order to present an opinion in a legal venue. You can read the full article online here. 

The Brain Injury Association of New Jersey will hold Together in Recreation, Exploration & Knowledge 2009 (TREK), its annual week long residential camp program, August 23-29, 2009 at the YMCA Camp Ockanickon in Medford, New Jersey. TREK provides a week of independence, recreation and socialization for adults with brain injury, while their caregivers enjoy a week of respite. Campers take part in activities such as art, dance, poetry, swimming, boating, outdoor sports and nature study. TREK is designed to serve adults, age 16 and older, with a primary diagnosis of brain injury.

For additional information about TREK 2009, please contact the Brain Injury Association of New Jersey at 800.669.4323 or 732.745.0200, or by email at info@bianj.org.

The Brain Injury Association of New Jersey has been selected as the State Lead Center of Excellence for New Jersey. The BIANJ will implement the National Pediatric Acquired Brain Injury Plan (PABI Plan) which was developed by the National Advisory Board of The Sarah Jane Brain Foundation.

The Sarah Jane Brain Foundation is planning to make a public announcement of those states chosen on June 5, 2009, in Washington, D.C.  June 5th will be a pivotal day in Washington regarding the National Pediatric Acquired Brain Injury Plan, which is gaining momentum at the Congressional level. 

Ron Savage, who is active with the BIANJ, was chosen to be the Mid-Atlantic Regional Representative for the National Pediatric Acquired Brain Injury Plan. This is great a great honor for the Brain Injury Association of New Jersey, and a great step forward in raising awareness of Pediatric Acquired Brain Injury.
 

Washington Governor, Chris Gregoire, signed a law last Thursday which prohibits student athletes under the age of 18 who are suspected to have a concussion to return to play without a licensed health care provider’s approval. The law makes Washington the strictest state in the country when it comes to regulating high school athlete’s participation in school sports after a concussion has been suffered.

The law also requires that every school throughout the state of Washington work with the Washington Interscholastic Activities Association to develop a standard informational program designed to educated coaches, players and parents on the dangers of head injuries.  The law is named after Zackery Lystedt, a 16-year-old in Maple Valley, WAshington who suffered a life-threatening brain injury in 2006 after he returned to play football following a concussion.

 

New York's Public High School Athletic Association has recently begun tracking head injuries in female lacrosse players in order to determine whether or not helmets should be mandatory for all players. Though lacrosse, and several other high school level sports, are intended to be a “no-contact” sport, the facts are evident that injuries occur, and stricter preventative measures need to be implemented.

Some fear that implementing a mandatory helmet rule would make the sport in itself a more aggressive game. However, those who are in favor of implementing the rule, say they can protect your head, without changing the game. Doctors have stated in the past that helmets do not prevent concussions from occurring; however they do lessen the extent of injuries. 

U.S. Lacrosse, believes that research has been done showing there is no need to change the rules or equipment used in girls lacrosse. However, while U.S. Lacrosse finds there's no need to change the rules on a national level, the New York State Public High School Athletic Association could impose its own rule on helmets.

As I’ve stated in the past, the need for stricter preventative measures is evident. Children across the country are injured on a daily basis, and while the need for increased treatment of these injuries is important, it is even more important, and beneficial, to prevent these injuries before they even occur.

In response to the Senate Commerce, Science and Transportation Committee’s nomination hearing of Joseph Szabo as the new administrator to lead the Federal Railroad Administration (FRA), the American Association for Justice (AAJ) calls on the agency to review Bush administration regulations that weaken safety protections for consumers injured in railroad accidents.

In the last three years of the Bush Administration, the FRA issued nine federal rules which include language that usurps more stringent state safety laws. For example, in 2007, the FRA issued a passenger safety equipment rule regarding the front-end strength of railroad cars.  In a rule that should have enhanced the safety of rail passengers, the agency inserted boilerplate preemption language that attempts to block lawsuits by injured consumers if the company meets the bare minimum federal safety requirements.  The proposed rule is currently stayed by the January 20, 2009 memo on non-final rules issued by the Obama administration.

You can read more on the AJA's initiative online here.