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Personal Injury Law

Traumatic Brain Injury Law Blog

Information, news and legal updates for individuals and families who have suffered a traumatic brain injury.
By Bruce Stern

Post Frequency: 5.1/day

Last Entry: April 01, 2011 at 10:02:10

Brain Injury in Students

Posted on January 21, 2011
The Brain Injury Association of New Jersey will host an educational session entitled, Brain Injury in Students. This free session is intended for parents, school professionals, and other interested health and disability professionals. The session will include an overview of brain injuries, brain injury in the school system, effects of brain injury, accommodations & strategies to assist students, and programs and services of the Brain Injury Association of New Jersey...

Researchers Working to Develop Portable Brain Injury Detection Device

Posted on January 10, 2011
Researchers from the Greensboro Joint School of Nanoscience and Nanoengineering in North Carolina are working on developing a portable device which would be able to test for mild traumatic brain injuries, including concussions. This device could be extremely helpful in the early diagnosis of concussions and other brain injuries for those involved in car accidents and sports related injuries on the field...

Personal Injury Law Journal

Posted on January 10, 2011

U.S. Senator Asks FTC for Helmet Safety Investigation

Posted on January 04, 2011
Senator Tom Udall (D-NM) asked the Federal Trade Commission (FTC) to investigate what he believes are 'misleading safety claims and deceptive practices' by two companies who manufacture and refurbish helmets. Udall believes the companies' advertisements violate the Federal Trade Commission Act, which prohibits the use of misleading descriptions of the protective qualities of a safety device, especially those used by children...

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Florida Court Upholds Admissibility of Diffusion Tensor Imaging and SPECT Scan

Posted on December 29, 2010
A Hillsborough County, Florida, trial court has denied a defendant's Frye challenge regarding the admissibility of MRI with DTI and the admissibility of SPECT scan. Hammer v. Sentinel Insurance Company, Case No. 08-019984 (13th Judicial Circuit, Hillsborough County, Florida, September 27, 2010)...

Stern Contributes Chapters to Handbook of Forensic Neuropsychology

Posted on December 23, 2010
Bruce H. Stern, Chair of Stark & Stark's Traumatic Brain Injury Litigation Group, contributed two chapters to a very informative book, The Handbook of Forensic Neuropsychology, Second Edition written by Arthur MacNeil Horton, Jr. and Lawrence C. Hartlage...

Mild Traumatic Brain Injury and Fatigue

Posted on December 22, 2010
We have known for quite some time that fatigue is one of the three most common symptoms of mild traumatic brain injury interfering with participation in work, home and social activities. A new study from the Department of Psychology, Massey University in Palmerston North, New Zealand, examined fatigue in the first six months after mild traumatic brain injury using a prospective longitudinal design while excluding known confounding factors such as litigation, presence of psychological or neurological disorders and substance abuse...

American Association for Justice, Weekend With the Stars

Posted on December 20, 2010
I was honored to be invited to speak at this year's American Association For Justice's Weekend With the Stars Seminar where top trial attorneys from around the United States were invited to share their winning strategies. The three day seminar sponsored by the American Association for Justice invited some of the nation's most preeminent trial lawyers to share their winning strategies and case tested techniques for the attendees...

Virginia Federal Court Excludes Testimony of Somatoform Disorder

Posted on December 14, 2010
A United States District Court for the Eastern District of Virginia granted a plaintiff's motion to exclude testimony of defendant's experts that plaintiff was magnifying her symptoms and was suffering from a somatoform disorder. Kidd v. Wal-Mart, 3:09CV264 (U...

Concussion Awareness and Prevention Program Legislation Signed into Law in New Jersey

Posted on December 08, 2010
Yesterday, Governor Chris Christie signed into law new legislation which will create a concussion awareness and prevention program for student athletes throughout the state of New Jersey. Christie was joined by Roger Goodell, NFL Commissioner, Woody Johnson, owner of the Jets, and Senator Richard Codey (D-Essex)...

2011 North America Brain Injury Association Clinical and Legal Conferences

Posted on December 08, 2010
The North America Brain Injury Association is proud to announce that the 2011 NABIS Clinical and Legal Conferences will be held in New Orleans, LA from September 15 - 17, 2011 with a clinical pre-conference session on Wednesday, September 14, 2011. Formal conference planning will commence after the new year and any thoughts and suggestions are appreciated by the program planners...

How Traumatic Brain Injuries Can Affect Your Ability To Work

Posted on December 06, 2010
In a previous post I wrote about the research conducted by Sir Graham Teasdale. Dr. Teasdale and his colleagues followed a large group of patients who had sustained severe, moderate and mild traumatic brain injuries and measured the effect of those injuries on the individual's ability to work...

The Ninth World Congress on Brain Injury

Posted on December 03, 2010
The President and the Chair of the IBIA, and the Congress Scientific Planning Committee would like to invite you to attend the Ninth World Congress on Brain Injury, to be held in March 21-25, 2012, in Edinburgh, Scotland. Edinburgh, the capital of Scotland, is a picturesque historic city, dominated by it famous castle with many fine hotels, restaurants, museums and traditional pubs! There is easy access to Glasgow, the Highlands and to tourist and sporting opportunities...

American College of Rehabilitation Medicine Releases Definition of Traumatic Brain Injury

Posted on December 01, 2010
In 1993 the American Congress of Rehabilitation Medicine (ACRM) put together an interdisciplinary special interest group to develop a definition of mild traumatic brain injury. That definition can be found at the Journal of Head Trauma Rehabilitation, 1993; 8(3):86-87...

Massachusetts court finds DTI satisfies Daubert Standard

Posted on November 29, 2010
On September 13, 2010, a Massachusetts trial court in the matter of Sawski v. Gigs, LLC held a Daubert/Lanigan II hearing with regard to the admissibility or non admissibility of diffusion tensor imaging (DTI). The parties did not request an evidentiary hearing but submitted over 3000 pages of affidavits, medical articles and memorandum...

New York Court permits third party observer during neuropsychological examination

Posted on November 22, 2010
Defendants in the matter of Delgado v. Frovarp sought an order compelling the plaintiff to appear for a neuropsychological examination outside the presence of any third parties, including plaintiff's counsel. In this case, defendants retained William B...

Colorado Court Finds Diffusion Tensor Imaging (DTI) Admissible

Posted on November 19, 2010
In the matter of Whilden v. Kimberly Kline, et al., defendants filed a motion in limine to bar the testimony of William W. Orrison, Ph.D. and to bar the admissibility of diffusion tensor imaging. Plaintiff was involved in a number of motor vehicle collisions in which it was alleged that he had suffered a mild traumatic brain injury...

Traumatic Brain Injury & Neurorehabilitation Conference

Posted on November 17, 2010
The 2011 Traumatic Brain Injury Conference will bring together individuals from industry, government and academia to discuss the challenges and opportunities facing those involved in the research and development of new therapies for acute and chronic TBI...

The Economic Consequences of Traumatic Brain Injury

Posted on November 15, 2010
On November 4, 2010, I gave a lecture to the Tennessee Association for Justice on the topic of 'The Economic Consequences of Traumatic Brain Injury.' The Tennessee Association for Justice is an organization of trial attorneys who represent individuals who have suffered injuries as a result of the negligence of others...

American Academy of Neurology Calls for Athletes to be Removed from Play after Suffering Concussion

Posted on November 12, 2010
The Board of Directors of the American Academy of Neurology (AAN) approved a statement earlier this month which was proposed by the Academy's Sports Neurology Section. The statement called for athletes who are suspected of sustaining a concussion to be removed from play until they have been evaluated by a physician who has been trained in the evaluation and management of sports concussions...

Future Economic Consequences of Traumatic Brain Injury

Posted on November 09, 2010
It has been an extremely busy week for me. Last Thursday, I was honored to have been invited to address the Tennessee Association for Justice at their traumatic brain injury seminar in Nashville, Tennessee. I spoke about the economic consequences of traumatic brain injury stressing the point that people with cognitive disabilities from a traumatic brain injury earn less and work less than people without a cognitive disability...

General Assembly Passes A2743 - Brain Injury Awareness Program Act

Posted on October 29, 2010
On Monday, the General Assembly passed A2743, a bill designed to create an awareness program on the prevention, risk and treatment of sports-related brain injuries. The Bill, sponsored by Assembly Democrats Patrick J. Diegnan, Jr., Craig J. Coughlin, Thomas P...

Army Uses Blood Test to Diagnose Brain Injuries

Posted on October 27, 2010
Army Col. Dallas Hack, who has been heading up new and exciting research, says that recent data shows a blood test, which looks for unique proteins that spill into the blood stream from damaged brain cells, has accurately diagnosed mild traumatic brain injury in test 34 patients...

Assembly To Vote on Concussion in Sports Bill

Posted on October 25, 2010
The General Assembly is scheduled to vote on A-2743 (the concussion in sports bill) today, Monday, October 25, 2010. The Assembly already passed a version of this bill on June 28th of this year. However, after that passage, the Senate passed an amended version of the bill on October 18th, and now the Assembly needs to approve the version that passed the Senate...

New York Times Writer Suffers TBI

Posted on October 22, 2010
I read an interesting article in the New York Times recently which details the story of Marilyn Berger's traumatic brain injury. Berger is a a frequent contributor to The New York Times, and is the author of 'This Is a Soul: The Mission of Rick Hodes...

Helmet Safety in Youth and Professional Football

Posted on October 22, 2010
The recent rise in concussions and other injuries sustained by players in the NFL this season has brought to light a lot of questions, and criticism, when it comes to the safety requirements of helmets. One of the more troubling issues is that helmets worn by players in the NFL are not held to a national safety standard in regards to concussion prevention...

A Look Into the Causes & Effects of Traumatic Brain Injuries

Posted on October 20, 2010
The Why Files, a non-profit science news website published by the University of Wisconsin-Madison, has just published an article on traumatic brain injuries (TBI) and emerging TBI treatments. The article discusses the recent effects TBIs have had on people across the country including NFL players, a University of Pennsylvania football player who committed suicide at age 21 due to brain damage linked to depression and suicide in veteran pro footballers, and an estimated 300,000 American veterans of the wars in Iraq and Afghanistan who have suffered brain injuries...

Florida Judge Rules DTI and SPECT Admissible with Traumatic Brain Injury Case

Posted on October 18, 2010
Recently, a Florida judge entered orders denying defendant's motion to bar the admissibility of Diffusion Tensor Imaging and SPECT in a traumatic brain injury case. Defendants filed a Frye challenge arguing that DTI and SPECT were not generally accepted by the medical community for use in the diagnosis of traumatic brain injury...

Voogt Honored With Founder's Award

Posted on October 15, 2010
At this year's NABIS Conference, Robert Voogt, Ph.D., past chair and founder of the North America Brain Injury Society (NABIS) was honored to receive the first annual Founder's Award. Dr. Voogt, one of the nation's leading life care planners who also runs facilities for the long term care of persons with traumatic brain injury, founded NABIS after recognizing that there was no organization advocating on behalf of professionals in the field of traumatic brain injury rehabilitation...

North America Brain Injury Society's Annual Medical and Legal Conferences

Posted on October 13, 2010
I have just returned from Minneapolis after attending the North America Brain Injury Society's (NABIS) annual medical and legal conferences. Over 400 physicians, rehab specialists, providers and attorneys attended a three day conference in Minneapolis...

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