Category Archives: Brain Injury Legislation

Subscribe to Brain Injury Legislation RSS Feed

Petty Officer Awarded $2 Million by Burlington County Jury

Posted in Brain Injury Legal Cases, Brain Injury Legislation, Brain Injury News

On August 10, 2011, United States Navel Petty Officer KY, age 26, was stopped in traffic on Route 206 in Bordentown, New Jersey, when her vehicle was rear-ended by a Ford 350 pickup operated by Mr. Avisai Pantle-Aguirre and owned by H&H Landscape Management, LLC. The force of the crash spun KY’s vehicle, causing it… Continue Reading

Senate Passes the Every Child Achieves Act to Replace No Child Left Behind

Posted in Brain Injury Legislation, Brain Injury News

As per the U.S. Senate Committee on Health, Education, Labor and Pensions: Recently, the Senate passed the Every Child Achieves Act to replace No Child Left Behind, which was seven years past the reauthorization date. This bipartisan agreement was shepherded through the Senate by the Senate Health, Education, Labor, and Pensions Chairman Lamar Alexander (R-Tenn.) and… Continue Reading

New Jersey Assemblywoman Introduces Concussion Bill to Keep Children Out of Class Until Doctor Approves

Posted in Brain Injury Legislation, Brain Injury News, Brain Injury Resources & Links

It is presently the standard of care to keep children who have sustained concussion/traumatic brain injuries off the field and not to return to play until they are cleared by a competent professional.  Assemblywoman, Pamela R. Lampitt (D Burlington and Camden) has introduced a bill in the New Jersey Assembly, which would require any student… Continue Reading

Michigan Court of Appeals Upholds Vocational Economic’s Work Life Methodology

Posted in About Brain Injuries, Brain Injury Legal Cases, Brain Injury Legislation, Brain Injury News

People, who have sustained a permanent injury which results in a permanent work disability, will earn less and will have a shortened work life expectancy, even where the individual has returned to full time employment.  Thus, in every case, where a plaintiff has sustained a permanent injury resulting in a permanent work disability, a claim… Continue Reading

New York Court Grants Motion Precluding Defendant from Contesting Scientific Validity of Diffuse Tensor Imaging (DTI)

Posted in About Brain Injuries, Brain Injury Legislation, Brain Injury News

Generally, it is defendants that move to attack the admissibility of diffusion tensor imaging (DTI) asserting that this objective neurodiagnostic test fails to meet either the Daubert or Frye standard.  Most recently, a plaintiff went on the offensive, filing its own motion for an order precluding defendant’s expert from denying at trial the general acceptance… Continue Reading

Brain Injury Professional Publishes Special Issue on Brain Injury Litigation

Posted in About Brain Injuries, Brain Injury Legislation, Brain Injury News

I just received the recent issue of Brain Injury Professional, the official publication of the Brain Injury Society which I had the honor and pleasure to serve as guest editor. This issue was entitled “Special Issue on Brain Injury Litigation.”  The issue included articles on “The Use of Diffusion Tensor Imaging” and “Life Care Planning… Continue Reading

New York Court Again Rejects Defendant’s Motion to Bar DTI Evidence

Posted in Brain Injury Legal Cases, Brain Injury Legislation

A recent decision by the Supreme Court – State of New York, Nassau County, Part 40 rejected a motion by defendants to preclude the plaintiffs from presenting evidence regarding diffusion tensor imaging in support of their claim that the infant plaintiff suffered a traumatic brain injury as a result of a traumatic incident.  Sullivan v…. Continue Reading

New York Court Upholds Use of Diffusion Tensor Imaging in Litigation

Posted in Brain Injury Events, Brain Injury Legislation, Brain Injury News

I was recently sent two Orders from the State of New York in which defendant’s motion to bar the introduction of diffusion tensor imaging was denied.  Here is a discussion of the first case with the second to follow. In the matter of Girgs v. Snapple Distribution Corp., Civil Court of the City of New… Continue Reading

Psychological Assessment of Symptom and Performance Validity, Response Bias, and Malingering

Posted in About Brain Injuries, Brain Injury Legal Cases, Brain Injury Legislation, Brain Injury News, Brain Injury Resources & Links

The Association for Scientific Advancement in Psychological Injury in the Law has published an official position regarding psychological assessment of symptom and performance validity, response bias, and malingering. Psychol. Inj. And Law (214) 7:197-205.  Bush, SS, Heilbronner and Ruff RM.  According to the abstract, the “purpose of this position statement is to promote ethical psychological… Continue Reading