Brain Injury Lawyer

Requesting Support for Increases in TBI Act Programs and NIDRR TBI Model Systems

rdeluca@stark-stark.com (Bruce H. Stern) — Wed, 10 Mar 2010 16:35:55 -0500

This year, 1.4 million people will sustain a traumatic brain injury. This number exceeds the number of breast cancer, HIV, multiple sclerosis, and spinal cord injuries combined. Additionally, in recent years, traumatic brain injuries have emerged as the "signature injury" of the conflicts in Iraq and Afghanistan with as many as 20% of soldiers sustaining brain injuries. Brain injuries remain a leading cause of death and disability in both children and adults.

The TBI Act, which was originally passed in 1996 and reauthorized in 2008, is the only federal law that specifically addresses the needs of the growing population of brain injury survivors. The programs authorized under the TBI Act provide public awareness and education through the Centers for Disease Control and Prevention and State TBI care capacity-building and protection, legal, referral, and advocacy services at the Health Resources and Services Administration. Furthermore, the TBI Model Systems of Care at the National Institute on Disability and Rehabilitation Research (NIDRR) represent a vital national network of TBI research and expertise, providing the only source of non-proprietary longitudinal data on TBI experiences and a key source of evidence-based medicine.

Please join us in supporting these programs by sending the below letter to the House Appropriations Subcommittee on Labor-HHS-Ed requesting $22 million for the programs authorized by the TBI Act and $11 million for TBI Model Systems of Care.

Dear Chairman Obey and Ranking Member Tiahrt:

The undersigned members of the Congressional Brain Injury Task Force, and other Members of Congress, respectfully request your support for $22 million for FY 2011 to fund programs authorized by the Traumatic Brain Injury (TBI) Act as amended in 2008 in the Department of Health and Human Services (HHS). We also request $11 million for the National Institute on Disability and Rehabilitation Research (NIDRR) TBI Model Systems administered by the Department of Education.

Known as the "silent epidemic," TBI continues to be the signature injury of the wars in Iraq and Afghanistan, and incidence is increasing here at home among our nation's civilian population.   From the battlefield to the football field, TBI remains a leading cause of death and disability in both adults and youth. Primary funding to address this growing population is provided through these programs.

Therefore, we request funding for TBI-related programs in the following amounts:

* $10 million (+$4 million) for the CDC TBI Registries and Surveillance, Brain Injury Acute Care Guidelines, Prevention, and National Public Education/Awareness
* $8 million (+$1 million) for the HRSA Federal TBI State Grant Program
* $4 million (+$1 million) for the HRSA Federal TBI Protection & Advocacy (P&A) Systems Grant Program; and
* $11 million (+$1.5 million) for the NIDRR TBI Model Systems Program

CDC - National Injury Center - We specifically ask for additional funding for CDC's National Injury Center will support continued work in tracking the incidence of TBI; the creation and dissemination of public and professional educational materials; coordination with the Departments of Defense and Veterans Affairs; and recent collaborations with the National Football League and National Hockey League to improve awareness of the incidence of concussion in sports. Additionally, CDC plays a leading role in helping standardize evidence-based guidelines for the management of TBI, and $3 million of this request would go to fund CDC's work in this area as well as support a pilot project to improve hospital compliance with existing guidelines.

HRSA Federal TBI State Grant Program - Further, increased funding for the HRSA Federal TBI State Grant Program is necessary due to recent changes in the awarding of grants. Beginning in FY 2009, HRSA increased each grant award from $118,000 to $250,000 resulting in a reduction in the number of state grant awards to 15. This means that many States that had participated in the program in past years have now been forced to close their operations, leaving many unable to access brain injury care.

Increasing the program to $8 million will provide funding necessary to sustain the grants for the 15 states currently receiving funding along with the three additional states added this year and to ensure funding for four additional states. Steady increases over five years for this program will provide for each state including the District of Columbia and the American Indian Consortium and territories to sustain and expand state service delivery; and to expand the use of the grant funds to pay for such services as Information & Referral (I&R), service coordination and other necessary services and supports identified by the state.

HRSA TBI P&A Program - Additionally, the state P&A systems-funded through the HRSA TBI P&A Program-serve to protect the legal and human rights of individuals with TBI. P&A advocates must possess specialized skills, and their work is often time-intensive. A $4 million appropriation would ensure that each P&A system can develop and operate comprehensive programs with appropriate staff time and expertise.

NIDRR TBI Model Systems of Care - Finally, enhanced funding for the NIDRR TBI Model Systems of Care will sustain the existing 16 TBI Model Systems research centers around the country and allow for the creation of one new collaborative research project. These investments will ensure that this valuable TBI research capacity is not diminished.   The TBI Model Systems of Care represent a vital national network of expertise and research in the field of TBI. In addition, given the national importance of this research program, the TBI Model Systems of Care should receive line-item status within the broader NIDRR budget.

We ask that you consider favorably these requests for the CDC, the HRSA Federal TBI Program, and NIDRR TBI Model Systems Program to further data collection, increase public awareness, improve medical care, assist states in coordinating services, protect the rights of persons with TBI, and bolster vital research.

Sincerely,

If you have any questions or would like to sign on, please contact Mandy Spears in Congressman Pascrell's office or Becky Wolfkiel in Congressman Platts' office.

Brain Injury Association of New Jersey Expands Family Support Program

rdeluca@stark-stark.com (Bruce H. Stern) — Wed, 10 Mar 2010 08:28:58 -0500

The Family Support Program at the Brain Injury Association of New Jersey has expanded its services due to additional funding from the New Jersey Department of Human Services, Division of Developmental Disabilities. This program provides free care coordination services for people who have sustained an acquired brain injury before the age of 22 and for their families. If you would like to learn more about this program, please contact Judi Weinberger, Director of Family Support, at (732) 745-0200 or jweinberger@bianj.org.

2010 International Brain Injury Association Board of Governors Announced

rdeluca@stark-stark.com (Bruce H. Stern) — Mon, 08 Mar 2010 08:05:34 -0500

I was very pleased to learn that I have been re-elected to serve on the Board of Governors of the International Brain Injury Association. IBIA is an international organization of professionals dedicated to work to improve outcomes and opportunities for persons with brain injury. Below is a complete list of the 2010 Board of Governors:

David Arciniegas, MD
Lucia Braga, PhD
Ross Bullock, MD, PhD
Enrico Castelli, MD
Chetwyn Chan, PhD
Esteban Fridman, MD, PhD
Tai Ryoon Han, MD, PhD
Steven Laureys, MD, PhD
Jose Leon-Carrion, PhD
Peter Patrick, PhD
Claudio Perino, MD
Jennie Ponsford, PhD
Wai Poon, MD
Bruce Stern, Esq.
Walter Videtta, MD
Kevin Wang, MD
Ross Zafonte, DO
Nathan Zasler, MD
Mariusz Ziejewski, PhD

From March 10 to 14, 2010, IBIA will be sponsoring the 8th World Congress on Brain Injury in Washington, DC. You can access additional information online here. I look forward to seeing everyone there.

Reminder: Brain Injury Association of New Jersey to Host 2010 Annual Gala

rdeluca@stark-stark.com (Bruce H. Stern) — Thu, 04 Mar 2010 08:10:52 -0500

Just a reminder that The Brain Injury Association of New Jersey will host its 2010 Annual Gala on Tuesday March 9, 2010 at the Hanover Marriott in Whippany, New Jersey. The Gala will celebrate the Brain Injury Association of New Jersey’s 25 years of service and dedication to the brain injury community and will honor individuals who have made significant contributions to advancing the quality of life in New Jersey throughout the past 25 years.

For additional information on the event and the honorees, please visit the Brain Injury Association of New Jersey’s website.

Brain Injury Association of New Jersey to Hold Annual Brain Injury Awareness Day

rdeluca@stark-stark.com (Bruce H. Stern) — Tue, 02 Mar 2010 08:24:41 -0500

The Brain Injury Association of New Jersey will hold its Annual Brain Injury Awareness Day Monday, March 8, 2010 at the State House in Trenton, New Jersey. A tentative schedule of events for the day is listed below:

Visit the display at the elevator lobby on the 3rd floor (near Café NJ) between 10:00 – 12:00 and learn about our programs and services.
At 1:00 visit the Welcome Center Multi-Purpose Room as the BIANJ recognizes Assemblywoman Mila Jasey for being prime sponsor of law creating the New Jersey Special Education and Traumatic Brain Injury Task Force.
At 2:00 the Assembly Education Committee is expected to hold a hearing on sports concussion.

For additional information and/or to RSVP, please contact Tom Grady, Director Advocacy & Public Affairs,at 732-745-0200 or by email at tgrady@bianj.org.

Olympic Snowboarder, Kevin Pearce, Sustains Traumatic Brain Injury

rdeluca@stark-stark.com (Bruce H. Stern) — Thu, 25 Feb 2010 10:08:10 -0500

Though the Olympics bring years of hard work and dedication to fruition for many athletes, for some it brings serious injuries. Snowboarder, Kevin Pearce, a favorite to challenge gold medalist Shaun White in the halfpipe, sustained a traumatic brain injury during training December 31, 2009. Pearce struck his head on the lip of the halfpipe while attempting a double cork - a move he had performed several times before. Pearce continues to show improvement and currently resides at Craig Hospital in Englewood, Colorado.

Pearce's story is just one more reminder of the serious and devastating effects brain injuries can have on athletes, no matter their skill level. You can watch a video of Pearce's story online here.

Diffusion Tensor Imaging and Neuropsychological Testing

rdeluca@stark-stark.com (Bruce H. Stern) — Tue, 23 Feb 2010 12:08:59 -0500

In the most current issue of the Journal of Head Trauma Rehabilitation (Vol. 25, No. 1, pp. 31-42), Rakesh K. Gupta, M.D. and his colleagues in Locknow, India, studied the correlation and changes in diffusion tensor imaging with neuropsychometric tests ( NPT)in patients with moderate traumatic brain injury.

The objective of the study was to assess longitudinally the severity of DAI in the corpus callosum with patients with moderate traumatic brain injury through DTI and to correlate those changes with neuropsychometric tests at 6 and 24 months after injury. Sixteen patients with traumatic brain injury were matched with 17 age/sex matched healthy controls. The patients underwent MRI at 2 weeks, 6 months and 24 months after injury. Neuropsychometric testing was performed at 6 and 24 months.

The authors found that fractional anisotropy in genu as well as insignificant decrease in radial diffusivity and mean diffusivity values in genu and splenium were observed over time. Although some neuropsychometric test scores improved over time with these patients, they were still significantly impaired when compared with controls.

The researchers concluded that the FA and RD indices appeared to be surrogate markers of microstructural alterations in patients and did correlate significantly with some of the NPT scores. The researches found that these indices may be used as an objective marker for residual injury in these patients.

This study is important because it provides objective proof of injury, shows correlation between neuropsychological testing and DTI and contrasts earlier studies finding that patients over time showed no demonstrable findings on NPT.

New Jersey's Traumatic Brain Injury Fund Losing Help from State

rdeluca@stark-stark.com (Bruce H. Stern) — Wed, 17 Feb 2010 12:02:21 -0500

Michael Jankowsky of Toms River, New Jersey sustained a brain injury over 25 years ago when he was stabbed in the heart and his brain was deprived of oxygen. Today, Jankowsky uses a wheelchair, slurs his speech, and struggles to concentrate. Though times have been tough, according to his mother, he has made progress over the past few years thanks to New Jersey’s Traumatic Brain Injury Fund, which paid for speech therapy and other treatments not covered by insurance.

However, that could end soon. The Brain Injury Fund is going broke, and the state wants to limit whom it helps to people whose brain damage came from a direct blow to the head. If the recommendation is passed this spring, people who suffered strokes, tumors or other acquired brain injuries would be refused assistance, leaving 1,300 of the 2,200 people the fund has helped since 2004 — including Jankowsky — without help.

You can read more on Jankowsky’s story online here.

Brain Injury Awareness Day

rdeluca@stark-stark.com (Bruce H. Stern) — Fri, 12 Feb 2010 11:04:28 -0500

To celebrate March as Brain Injury Awareness Month, the Congressional Brain Injury Task Force is hosting a Brain Injury Awareness Day, on Wednesday, March 17, 2010, on Capitol Hill. The Brain Injury Association of America encourages advocates across the country to participate in the Brain Injury Awareness Day. Below is a schedule of the day’s events:

Brain Injury Awareness Fair
10:00 AM - 1:00 PM - First Floor Foyer of the Rayburn House Office Building

Brain Injury Briefing
2:30 PM - 4:00 PM “From the Playground to the Pros: A Heads-Up on Concussion” Capitol Visitors Center - Congressional Meeting Room South

Reception Celebrating Brain Injury Awareness Month
5:30 PM - 7:30 PM -First Floor Foyer of the Rayburn House Office Building

You can access additional information online here, or contact Mandy Spears in Congressman Pascrell’s office at mandy.spears@mail.house.gov.

Congress Holds Third Hearing on Brain Injuries, Focuses on Youth in Football

rdeluca@stark-stark.com (Bruce H. Stern) — Fri, 12 Feb 2010 10:37:59 -0500

Last week during a committee hearing in Houston on head injuries in college and youth football, Representative Steve Cohen, (D-TN), questioned leagues like the Southeastern Conference and the Big 12 for not putting tougher rules in place.

Much of the hearing focused on the safety of youth in sports. Dr. Bennet Omalu, a founder of the Brain Injury Research Institute at West Virginia University, testified that anyone younger than 18 should be held out for three months after a concussion to lower the risk of irreversible brain damage. Last week’s hearing was the committee’s third - the first two focused on head injuries in the National Football League.

You can read more on this story online here.

Sesame Street Actress Struck By Car, Suffers Head Injury and Broken Bone

rdeluca@stark-stark.com (Bruce H. Stern) — Thu, 11 Feb 2010 11:07:44 -0500

Loretta Long, who played Susan Robinson on the PBS children’s show Sesame Street since it’s debut in 1969, is in fair condition at Capital Health-Fuld Hospital in Trenton after being struck by a car Tuesday night. Ms. Long was crossing Route 130 at Dutch Neck Road around 6:45 PM Tuesday evening when she was struck by a vehicle making a left at the intersection. Ms. Long was hit and thrown on to the hood of the vehicle. The car traveled nearly 70 feet before she fell off and struck her head on the pavement.

Ms. Long was taken to the hospital and underwent CAT scans and additional testing. She suffered a broken tibia and will spend a few additional days in the hospital for observation. Ms. Long, a resident of Cranbury, was reported to be in good spirits Wednesday despite being in a lot of pain.

Sarah Jane Brain Foundation Founder Speaks to Congress

rdeluca@stark-stark.com (Bruce H. Stern) — Tue, 09 Feb 2010 09:44:48 -0500

The United States House of Representatives Committee on the Judiciary hosted a forum entitled, "Head and Other Injuries in Youth, High School, College and Professional Football" Monday, February 1, 2010, in Houston, Texas. Patrick Donohue, founder of the Sarah Jane Brain Foundation, participated as a panelist at this forum.

Mr. Donohue described the Super Bowl week announcement in Miami which launched the Zackery Lystedt Brain Project (ZLBP). The mission of ZLBP is to advance the core principles established in the Zackery Lystedt Law through public awareness, education and training, legislation and advancing research in the field of sports concussion evaluation and management. This will be a joint effort with the American College of Sports Medicine which is the world’s largest sports medicine and exercise science organization in the world.

The three core principles of the Zackery Lystedt Brain Project are:

educate and verify that every youth athlete, their parents, coaches and other professionals involved in the care of the youth athlete are taught the risks associated with concussions and head injuries;
identify and protect the youth athlete that once a concussion is suspected they would be immediately removed from play or practice; and
properly evaluate before return to play by a licensed healthcare provider who is trained in concussion evaluation and management.

The International Brain Research Foundation To Host 5th Annual Anniversary Celebration of Excellence in Brain Research and Treatment

rdeluca@stark-stark.com (Bruce H. Stern) — Thu, 04 Feb 2010 10:30:59 -0500

The International Brain Research Foundation will host The Fifth Year Anniversary Celebration of Excellence in Brain Research and Treatment Thursday February 25, 2010 at 7:00 PM. This year’s celebration is held in honor of The Honorable Joseph Crowley, United States Representative, Seventh District, New York - in recognition of his valuable works and outstanding support for wounded warriors.

Additionally, this year’s honorary chair is The Honorable Bill Pascrell Jr., United States Representative, Eighth District, New Jersey.

The event will be held at The Penn Club, 30 W. 44th Street, New York, New York. For additional information, please contact Megan Johnson at 732-494-7600, or visit the IBRF’s website at www.ibrfinc.org.

HBO Special Highlights Concussions in the NFL

rdeluca@stark-stark.com (Bruce H. Stern) — Mon, 01 Feb 2010 08:52:19 -0500

Last week, HBO presented a 30-minute special on concussions featuring Chris Nowinski's concussion research program. The program, part of HBO's ongoing series Real Sports, details controversial aspects of professional sports few of us every get to learn about. The special showed the National Football League's denial of the severe effects sports related concussions have on players. Additionally, the story mentioned that the NFL was selectively using defense-based findings to support their view, which HBO documented in 2007 with the NFL physician saying there was no evidence of damage in any study.

New Study Confirms that "Head Injury" Viewed by Public as Being Less Serious Than "Traumatic Brain Injury"

rdeluca@stark-stark.com (Bruce H. Stern) — Tue, 26 Jan 2010 08:09:24 -0500

A number of years ago, the Brain Injury Association of America retained the Gallop Group to conduct a poll to gather information regarding the public’s awareness of traumatic brain injury. One of the things learned from the polling results was that the public viewed the term “head injury” as being less serious than the term “traumatic brain injury.”

A recent study published in the journal Pediatrics confirmed that perception. Carol A. DeMatteo, M.S.c and her colleagues at McMaster University in Hamilton, Canada, conducted a study, the goal of which was to examine the clinical correlation of the concussion diagnosis and to identify the factors that lead to the use of this term in a regional pediatric center.

According to the abstract, the researchers collected data respectively from 434 children with traumatic brain injury who were admitted to a Canadian childrens hospital. The researchers found that children with mild traumatic brain injuries have an increased frequency of receiving the concussion label, although the label may also be applied to children with more-severe injuries. The study found the clinicians may use the concussion label because it is less alarming to parents then the term mild brain injury with the intent of implying that the injury is transient with no significant long-term health consequences.

In the study, the doctors followed children who had been given a diagnosis of either concussion or traumatic brain injury. The study found that in the days following their injuries, those with a diagnosis of concussion were one and a half times as likely to be discharged from the hospital as those with a “mild tbi” diagnosis - even though there was significant overlap between the two groups in terms of the severity of their head injuries. There was also a two and a half times greater likelihood that the children diagnosed with “concussion” would go back to school early as well.

Dr. DeMatteo, in an article published in the Los Angeles Times was quoted as stating “These children (the ones with a concussion diagnosis) may be sent back to school or allowed to return to activities sooner, and maybe sooner than they should. This puts them at greater risk for a second injury, poor school performance, and wondering what is wrong with them.”