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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

Mild Traumatic Brain Injury Pocket Guide Now Available

Posted on October 11, 2010
In collaboration with the Defense and Veterans Brain Injury Center (DVBIC), DCoE distributed a Mild TBI Pocket Guide for providers at the DVBIC 4th Annual TBI Military Training Conference on August 30-31, disseminating the tool to over 900 attendees. The Mild TBI Pocket Guide is a quick reference, all-encompassing resource for primary care and other TBI healthcare providers on the assessment, treatment and management of patients with mild TBI and related symptoms in the continental United States...

Concussions in the NFL Spurs Increased Research for Detection and Treatments

Posted on October 08, 2010
Since the beginning of the season, the Philadelphia Eagles have played four games. And since the beginning of the season, the Philadelphia Eagles players have suffered four concussions. The most recent injuries came in last week's game against the Washington Redskins when wide receiver Riley Cooper and cornerback Asante Samuel both suffered concussions...

Congress Holds Hearings on Concussion Legislation

Posted on October 06, 2010
The House Energy and Commerce Committee held hearings on a bill known as the 'Concussion Treatment and Care Tools Act.' This bill would require the Secretary of Health and Human Services to convene experts to recommend nationwide guidelines for managing concussions in athletes in all sports for ages 5 to 18...

Sarah Jane Brain Project Urges Congressman Pallone to Support Brain Injury Legislation

Posted on October 05, 2010
The Sarah Jane Brain Project has written a letter to Congressman Frank Pallone, Jr., expressing concern over the manner in which H. Con. Res. 198 has been handled by Pallone and his staff on the Energy and Commerce Committee. The main purpose of H...

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Sports Concussions in School Students

Posted on October 04, 2010
Every Monday morning, the sports pages around the country are filled with stories reporting on the number of sport concussions (traumatic brain injuries) that took a toll on professional football fields the day before. Two weeks ago, within minutes, Eagle quarterback Kevin Cobb and Eagle linebacker Stewart Bradley sustained brain injuries...

Mild Traumatic Brain Injury Meta-Analyses Can Obscure Individual Differences

Posted on September 29, 2010
Insurance companies' hired courtroom doctors often cite to mild traumatic brain injury meta-analyses studies to support their claims that an individual plaintiff has fully recovered from the effects of a mild traumatic brain injury. Use of the these meta-analyses by these courtroom doctors have been previously criticized by Ronald Ruff, Ph...

State Senate Passes Bill Requiring Youth to Wear Helmets While Skiing

Posted on September 27, 2010
On August 23, 2010, the State Senate passed legislation which will require children under the age of 18 to wear helmets while skiing. The Bill was proposed by Senators Anthony Bucco and Joseph Pennacchio. The legislation states, 'A person under 18 years of age engaged in the activity of downhill skiing or operation of snowboards, including the use of ski tows, lifts and tramways, shall wear a securely fitted protective helmet...

House Subcommittee Approves Representative Pascrell's ConTACT Act

Posted on September 22, 2010
As discussed in a previous post, U.S. Representative Bill Pascrell (NJ-8) proposed legislation that would better protect student athletes from the dangers of sports-related concussions. On September 16, 2010, the Concussion Treatment and Care Tools (ConTACT) Act was approved by Health Subcommittee of the House Energy and Commerce Committee...

Philadelphia Eagles Under Fire after Players Sustain Concussions

Posted on September 20, 2010
During the September 12th Eagles game, two Philadelphia Eagle players (Stewart Bradley and Kevin Kolb) sustained concussions. After a brief evaluation on the sidelines, both players quickly returned to play. In the case of Eagle linebacker Stewart Bradley, he was returned to play in four minutes...

Traumatic Brain Injuries in Basketball on the Rise

Posted on September 15, 2010
Though most people are aware of the dangers associated with traumatic brain injuries in football, few know of the dangers basketball pose to a child's health. An article on CNN states that between 1997 and 2007 the number of basketball related traumatic brain injuries in people under the age of 20 increased by 70%, according to a study published in the journal Pediatrics...

Child Sports Related Concussions Have Doubled

Posted on September 13, 2010
A recent article in the journal Pediatrics reported on new data from the National Electronic Injury Surveillance System which found that from 1997 through 2007 emergency room visits for children between the ages of 8 and 13 with a diagnosis of concussion more than doubled while youths aged between 14 and 19 tripled during this 10 year period...

New Guidelines Proposed for Treatment of Concussions in High School Athletes

Posted on September 08, 2010
The New Jersey State Interscholastic Athletic Association (NJSIAA), in conjunction with several State politicians, have proposed legislation that would promote baseline neurological testing in an effort to reduce the number of sports related concussions in high school athletes...

New Research Shows TBIs Can Cause Lifelong Conditions Which May Affect Quality of Life and Mortality

Posted on September 03, 2010
New research released from the University of Texas Medical Branch at Galveston states that a new study shows that brain trauma is associated with lifelong conditions that affect a patient's quality of live and mortality. Currently, traumatic brain injuries are considered a singular event by the insurance industry and many health care professionals instead of being viewed as the beginning of an ongoing process that impacts multiple organ systems and may cause or accelerate other diseases and disorders that can reduce life expectancy.

Local Athletic Trainer Authors Book on Sports Concussions

Posted on September 01, 2010
Phil Hossler, a certified athletic trainer at East Brunswick High School and member of the National Athletic Trainers' Association Hall of Fame, recently published, 'Concussion Policy Construction Guide for Schools,' his second book discussing the study of concussions, the athletes who suffer them and when they can safely return to play...

New Research States Brain Is an Interconnected Network, Contrary to Top-Down Structure

Posted on August 30, 2010
According to a BBC News article, Larry Swanson and Richard Thompson, from the University of Southern California in Los Angeles, recently published research in the Proceedings of the National Academy of Sciences journal, which may lead to a full map of the human nervous system...

Third Party Observation at Defense Neuropsychological Evaluations

Posted on August 27, 2010
The issue of third party observation at defense neuropsychological evaluations continues to be controversial in the neuropsychological field as well as the legal field. Defense neuropsychologists raise the specter that a third party observer may invalidate test results while plaintiffs attorneys argue defense neuropsychological evaluations are not independent, but adversarial, necessitating the presence of a third person to verify statements alleged by defense neuropsychologists...

Traumatic Brain Injury Featured on "Secrets of Your Mind: Why We Do What We Do"

Posted on August 25, 2010
Last Thursday, Nightline Prime, a new series on ABC premiered with the first of four installments of Secrets of Your Mind: Why We Do What We Do. The series explores the mystery and the science of the brain through several case studies. Each installment focuses on a different research area, including love's impact on the brain, violence and the brain, medical emergencies involving the brain, and food and the brain...

Do Changes In Cerebral Tissue Caused By TBI Correlate With Diffusion Tensor Imaging Findings?

Posted on August 23, 2010
Researchers from Finland recently investigated whether texture analysis can detect subtle changes in cerebral tissue caused by mild traumatic brain injury and whether these changes correlate with neuropsychological and diffusion tensor imaging (DTI) findings...

Concern Raised Over Validity of TBI Research

Posted on August 20, 2010
On July 22, 2010, a federal jury in the Southern District of New York returned a verdict against Cornell University's Weill Medical College and a former faculty member Wilfred van Gorp, Ph.D. The jury found that the defendants submitted false claims to the National Institute of Health on three separate occasions from 1999 to 2001 arising from a grant designed to train neuropsychologists for a research career in HIV/AIDS...

New Report States Brain Injury Symptoms May Appear as Lou Gehrig's Disease

Posted on August 18, 2010
I found an interesting article on the New York Times' website yesterday which discusses the similarities between the symptoms of traumatic brain injuries and Lou Gehrig's disease. A new report due out today states that many athletes and soldiers who were previously diagnosed with Lou Gehrig's disease may have been misdiagnosed, and in reality probably suffered from concussions and other brain trauma...

Diffusion Tensor Imaging

Posted on August 16, 2010
Attorneys throughout the United States are very excited about the advancement of diffusion tensor imaging that can objectively document mild traumatic brain damage in patients. Recently, in South Carolina, attorneys were able to fight back a Daubert challenge to the introduction of diffusion tensor imaging (DTI)...

Bill Aimed At Creating Awareness Program for Prevention, Risk and Treatment of Sports-related Brain Injuries

Posted on August 12, 2010
Legislation sponsored by Assembly members Pat Diegnan, Craig Coughlin, Thomas Giblin and Mila Jasey aimed at creating an awareness program on the prevention, risk and treatment of sports-related brain injuries has passed the full Assembly. The Bill would require student athletes who sustain a concussion to be immediately removed from the activity...

2010 Walk For Thought/Cycle for Safety

Posted on August 11, 2010
The Brain Injury Association of New Jersey will hold its annual Walk For Though/Cycle for Safety event Saturday October 16, 2010. This year's event will be held at two locations: Saddle River County Park Dunkerhook Area, Pavillion D, North Trail Paramus Road Paramus, New Jersey Washington Crossing State Park Sullivan's Grove 355 Washington Crossing-Penn Road Titusville, New Jersey Visit the Brain Injury Association of New Jersey for additional information on times and locations, registration, donations and sponsorship opportunities.

Court Orders Third Party Observer for Defense Neuropsychological Evaluation

Posted on August 09, 2010
The issue of being a third party observer at a defense neuropsychological evaluation continues to be a hot topic both in the neuropsychological field as well as the legal field. Defense neuropsychologist raise the specter that having a third party observer present during the neuropsychological evaluation will invalidate the testing while plaintiff attorneys argue defense neuropsychological evaluations are in no way independent, but adversarial, necessitating the need to have a third person present to verify the statements made by the defense neuropsychologist...

The American Association for Justice recognizes Bruce Stern for his contribution to the civil justice system

Posted on August 04, 2010
The American Association of Justice (AAJ) recently gathered in Vancouver, British Columbia, Canada, to recognize the extraordinary contributions to the Civil Justice System. The five day convention culminated with an award ceremony to honor individuals who have worked to protect the constitutional rights of all Americans to a trial by jury...

Report Shows a Need for Additional TBI Funding & Research

Posted on August 02, 2010
I found an interesting article online recently which discusses the needs for new research, funding and treatments for traumatic brain injuries. Millions are affected by TBIs, and yet science and medicine have little recourse to offer. Methods for classifying patients remain rough and antiquated...

Brain Injury Association of New Jersey to Offer Free Educational Sessions

Posted on July 30, 2010
The Brain Injury Association of New Jersey is scheduled to hold two free educational sessions intended for parents, school professionals, and other health and disability professionals. The session will include an overview of brain injuries, brain injuries in the school system, the effects of brain injuries on students, accommodations and strategies used to assist students, and programs and services of the Brain Injury Association of New Jersey...

Day Two Report From The Alaska Brain Injury Conference

Posted on July 30, 2010
Day two of the Alaska Brain Injury program was devoted to workshops on specific topics. My topic was guardianship and other legal rights of traumatic brain injury survivors and their families. Because we had such a diverse population of attendees (both those from Alaska and others from the lower 49 states), the workshop was general to guardianship law and also then specific to Alaskans...

Live Report From the Alaska Brain Injury Conference

Posted on July 29, 2010
This week finds me in Anchorage, Alaska at the Alaska Brain Injury Conference. The Alaska Brain Injury Conference involves both locally and internationally renowned experts who highlight the latest developments in identifying, diagnosing, treating and promoting long-term quality of life for people who experience disability due to brain injury...

Parent & Adolescent Brain Injury Support Groups

Posted on July 28, 2010
The Brain Injury Association of New Jersey is launching a new program entitled, Parent & Adolescent Brain Injury Support Groups. The group will allow teens and young adults with brain injuries (ages 13-21) and their parents or caregivers to meet others in similar situations...

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