Brain Injury Legislation

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I have previously reported on the BIAA white paper authored by Brent Masel, M.D. describing traumatic brain injury as a chronic disease. The Federal Register has published a proposed rule of the Department of Veteran Affairs (VA) which is proposing an amendment to its adjudication regulations concerning service connection.
Continue Reading Secondary Service Connection for Diagnosable Illnesses Association with Traumatic Brain Injury

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.
Continue Reading Florida Court finds PET Scan Satisfies Frye Requirements

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.
Continue Reading Making Employment of People with Disabilities a National Priority

The Brain Injury Association of America has issued an important alert concerning potential legislative action on behalf of the United States House of Representatives that would eliminate The Agency for Healthcare Research and Quality which has produced important research on Traumatic Brain Injury.
Continue Reading United States House of Representatives Moves to Eliminate The Agency for Healthcare Research and Quality

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.
Continue Reading Senate Law & Public Safety and Budget & Appropriations Committees Introduce Bill That Would Increase Fines for Driving While Using a Cell Phone

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).
Continue Reading New Jersey State Legislature encourages Congress and President to enact the Pediatric Acquired Brain Injury Plan Act

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.
Continue Reading Federal Regulation Will Prohibit the Use of Cell Phones for Commercial Drivers Throughout the Country

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.
Continue Reading New Jersey Appellate Court Upholds $1.44 Million Verdict for Economic Damages Following Traumatic Brain Injury