Brain Injury Legislation

Previously, a Florida Court in the matter of Gammad v. ATP Agri-Services, Inc., held a Frye Hearing to determine the admissibility of a SPECT scan. Apparently, defendant had previously filed a motion to bar the admissibility of the SPECT scan. Judge Barton, in a prior Order, dated September 22, 2012, found that SPECT was not new or novel science, and that plaintiffs had demonstrated that the basic underlying principles of SPECT imaging had been sufficiently tested and accepted by the relevant scientific and medical communities.
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We have known for quite some time the effect that physical and mental disabilities can have on one’s ability to actively and gainfully participate in the labor force. I have reported quite often on studies and cases involving persons with traumatic brain injury and the effect that has on one’s earning capacity. I have just had an opportunity to review the report of the United States Senate, Committee on Health, Education, Labor, and Pensions (Tom Harkin, Chairman) in a study entitled: Unfinished Business: Making Employment of People With Disabilities a National Priority.
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The Senate Law & Public Safety and Budget & Appropriations committees released legislation that would increase fines and impose license suspension for talking or texting on hand-held device while driving. The bill, Senate Bill No. 69, would put in place a graduated penalty structure for repeat offenders who violate the state’s hands-free cell phone law more than once in a ten-year period; a motor vehicle violation that, under current law, carries a $100 fine for first and subsequent offenses.
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The New Jersey Legislature passed a resolution, which urges Congress and the President to enact the “National Pediatric Acquired Brain Injury Plan Act of 2011 (PABI).” The goal of the PABI Plan Act is to provide a seamless, standardized, evidence-based system of care for families who have a child or young adult with a traumatic brain injury (TBI).
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Last week, the New Jersey Senate Education Committee unanimously passed two bills (S-3053 and SR-74), which would boost New Jersey’s efforts to protect high school athletes from head injuries.

S-3053, sponsored by Senator M. Teresa Ruiz (D-Essex/Union), would require cheerleaders, and their coaches, to be included in the “student-athlete” head injury safety program, which is

The Federal Motor Carrier Safety Administration (FMCSA) and The Pipeline and Hazardous Materials Safety Administration (PHMSA) have amended the Federal Motor Carrier Safety Regulations (FMCSRs) and the Hazardous Materials Regulations (HMR). These amendments will restrict the use of cell phones by drivers of commercial vehicles.
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The New Jersey Appellate Court has upheld a June 2010 verdict I obtained on behalf of one of my clients who sustained a traumatic brain injury following a serious motor vehicle collision in Hunterdon County, New Jersey. At the time, of the incident, my client was an investment banker earning approximately $900,000 per year. At the time of trial, my client was earning approximately $1.4 million per year.
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United States Representative, Pat Meehan (R-7) of Upper Darby, recently discussed legislation that would benefit children with traumatic brain injuries through a seven-year initiative known as the National Pediatric Acquired Brain Injury Plan.
 Meehan said the legislation is important because the human brain develops until age 25 and traumatic brain injuries can occur as a result of several incidents, such as athletic activity and wartime combat.

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