Brain Injury Lawyer

Brain's Immune System May Cause Chronic Seizures

rdeluca@stark-stark.com (Bruce H. Stern) — Mon, 06 Jul 2009 08:03:47 -0500

I found an interesting article online today which reports of a study recently conducted by researchers at the University of Colorado at Boulder. The study states that chronic seizures caused by traumatic brain injuries may result from chemicals released by the brain's immune system in an attempt to repair the injured part of the brain. If proven true, this could help to prevent acquired epilepsy, one of the most common forms of adult epilepsy. Acquired epilepsy is most frequently found in patients who have suffered from a traumatic brain injury.

This study carries great significance due to the fact that acquired epilepsy is one of the few forms of epilepsy that could potentially be prevented. The article goes on to detail the procedures and findings of the study, and discusses the possible benefits this study could have in the treatment and prevention of acquired epilepsy. You can read more on the report online here.

Congressman Holt to Host Town Hall Meeting

rdeluca@stark-stark.com (Bruce H. Stern) — Thu, 18 Jun 2009 08:47:11 -0500

Congressman Rush Holt will hold a town hall meeting Saturday June 20, 2009 at 2:30 PM at the Performing Arts Center of Monroe Township High School. During the meeting, Representative Holt will talk with residents about issues affecting Central New Jersey and the nation, including the economy, health care, education, national security, and anything else that may be of interest to those in attendance. This is an opportunity for those impacted by brain injury to express questions and concerns to Congressman Holt. Constituents can call 1-87-RUSH-HOLT with questions.

State Senate Law and Public Safety and Veterans' Affairs Committee Passed Senate Bill No. 1212

rdeluca@stark-stark.com (Bruce H. Stern) — Tue, 16 Jun 2009 08:42:19 -0500

The State Senate Law and Public Safety and Veterans’ Affairs Committee passed Senate Bill No. 1212 [S1212] yesterday. The Bill, sponsored by Senator Anthony Bucco, would exempt recreational safety helmets from sales and use tax.

The Brain Injury Association of New Jersey testified in support of the bill and proposed amendments which would ensure that the purpose of the bill would apply to a range of other sport related helmets such as football, hockey, and baseball.

Congressman Visits Rehab Hospital To See Latest in Rehab Equipment

rdeluca@stark-stark.com (Bruce H. Stern) — Thu, 11 Jun 2009 08:00:19 -0500

Congressman Frank LoBiondo (R-2), is a member of the Congressional Brain Injury Task Force and has been a long-time supporter of brain injjury awareness and education and recognizes the value of rehabilitation. A recent article on TheDailyJournal.com discusses Congressman LoBiondo's recent visit to HealthSouth Rehabilitation Hospital in which he visited with patients and reviewed the industry's latest in medical technology at HealthSouth, which are being used to help patients.

Congressman LoBiondo said in the article, "Most people don't give a lot of thought to rehab or the facilities until they or a family member needs it, then it becomes important," LoBiondo said. "The fact that you do the great job that you do is an untold story that needs to be told."

You can read the full article online here.

Will Stricter Guidelines Put Students at Greater Risk?

rdeluca@stark-stark.com (Bruce H. Stern) — Mon, 08 Jun 2009 10:01:54 -0500

I read an article on the New York Times' website yesterday entitled, New Guidelines on Young Athletes’ Concussions Stir Controversy, which discusses the guidelines used to regulate a student athlete's return to the field after a concussion has been suffered. While many are in favor of stricter regulations which are meant to protect students from long-term brain injuries, some now believe that the stricter guidelines can actually have a reverse effect on the players and their health.

Some professionals believe that imposing such strict guidelines will force students to lie about the severity of their injury in order to return to the field before they should. If this is the case, many students will go untreated for the initial injury and will be more susceptible to future long-term injuries.

The article discusses an international panel of neurologists who are updating their recommendations on concussion care in the May issue of The British Journal of Sports Medicine. The article states that any athlete age 18 or younger who was believed to have sustained a concussion during a game or practice should never be allowed to return to the playing field the same day. However, other doctors said they feared the effects of such strictness, and predicted that athletes would respond by hiding their injuries from coaches and trainers even more than they are already known to do.

You can read the full article online here.

What Health Care Professionals Should Know When Testifying

rdeluca@stark-stark.com (Bruce H. Stern) — Tue, 02 Jun 2009 07:51:47 -0500

I found an interesting article on the International Brain Injury Association’s website the other day written by Robert L. Shepherd MS, Certified Medical Illustrator and Vice President & Director of Eastern Region Operations for MediVisuals Incorporated.

The article discusses how medical and health care professionals are often called upon to provide expert opinions during litigation. Those experts providing medical/legal opinions may either be called due to their role as a treater of a patient involved in litigation or retained to provide so called “expert witness” testimony because these specialists are recognized as experts in a specific area (even though they may not have treated a patient involved in litigation). In either case, the role of the testifying professional is very important in helping decision makers or triers of fact identify and appreciate the truth in order to achieve just resolution of the contested issue(s).

The article goes on to discuss the challenges testifying professionals will need to consider in order to present an opinion in a legal venue. You can read the full article online here.

Brain Injury Association of New Jersey Announces TREK 2009 Dates

rdeluca@stark-stark.com (Bruce H. Stern) — Tue, 26 May 2009 08:52:58 -0500

The Brain Injury Association of New Jersey will hold Together in Recreation, Exploration & Knowledge 2009 (TREK), its annual week long residential camp program, August 23-29, 2009 at the YMCA Camp Ockanickon in Medford, New Jersey. TREK provides a week of independence, recreation and socialization for adults with brain injury, while their caregivers enjoy a week of respite. Campers take part in activities such as art, dance, poetry, swimming, boating, outdoor sports and nature study. TREK is designed to serve adults, age 16 and older, with a primary diagnosis of brain injury.

For additional information about TREK 2009, please contact the Brain Injury Association of New Jersey at 800.669.4323 or 732.745.0200, or by email at info@bianj.org.

Brain Injury Association of New Jersey Selected as State Lead Center of Excellence for New Jersey

rdeluca@stark-stark.com (Bruce H. Stern) — Thu, 21 May 2009 08:05:02 -0500

The Brain Injury Association of New Jersey has been selected as the State Lead Center of Excellence for New Jersey. The BIANJ will implement the National Pediatric Acquired Brain Injury Plan (PABI Plan) which was developed by the National Advisory Board of The Sarah Jane Brain Foundation.

The Sarah Jane Brain Foundation is planning to make a public announcement of those states chosen on June 5, 2009, in Washington, D.C. June 5th will be a pivotal day in Washington regarding the National Pediatric Acquired Brain Injury Plan, which is gaining momentum at the Congressional level.

Ron Savage, who is active with the BIANJ, was chosen to be the Mid-Atlantic Regional Representative for the National Pediatric Acquired Brain Injury Plan. This is great a great honor for the Brain Injury Association of New Jersey, and a great step forward in raising awareness of Pediatric Acquired Brain Injury.

Washington State Signs New Law Which Aims to Protect Student Athletes

rdeluca@stark-stark.com (Bruce H. Stern) — Tue, 19 May 2009 08:08:36 -0500

Washington Governor, Chris Gregoire, signed a law last Thursday which prohibits student athletes under the age of 18 who are suspected to have a concussion to return to play without a licensed health care provider’s approval. The law makes Washington the strictest state in the country when it comes to regulating high school athlete’s participation in school sports after a concussion has been suffered.

The law also requires that every school throughout the state of Washington work with the Washington Interscholastic Activities Association to develop a standard informational program designed to educated coaches, players and parents on the dangers of head injuries. The law is named after Zackery Lystedt, a 16-year-old in Maple Valley, WAshington who suffered a life-threatening brain injury in 2006 after he returned to play football following a concussion.

New York Public High Schools Look to Increase Brain Injury Prevention Methods

rdeluca@stark-stark.com (Bruce H. Stern) — Fri, 15 May 2009 09:24:21 -0500

New York's Public High School Athletic Association has recently begun tracking head injuries in female lacrosse players in order to determine whether or not helmets should be mandatory for all players. Though lacrosse, and several other high school level sports, are intended to be a “no-contact” sport, the facts are evident that injuries occur, and stricter preventative measures need to be implemented.

Some fear that implementing a mandatory helmet rule would make the sport in itself a more aggressive game. However, those who are in favor of implementing the rule, say they can protect your head, without changing the game. Doctors have stated in the past that helmets do not prevent concussions from occurring; however they do lessen the extent of injuries.

U.S. Lacrosse, believes that research has been done showing there is no need to change the rules or equipment used in girls lacrosse. However, while U.S. Lacrosse finds there's no need to change the rules on a national level, the New York State Public High School Athletic Association could impose its own rule on helmets.

As I’ve stated in the past, the need for stricter preventative measures is evident. Children across the country are injured on a daily basis, and while the need for increased treatment of these injuries is important, it is even more important, and beneficial, to prevent these injuries before they even occur.

American Association for Justice Urges Federal Railroad Administration to Limit Rights of Consumers

rdeluca@stark-stark.com (Bruce H. Stern) — Tue, 12 May 2009 08:02:55 -0500

In response to the Senate Commerce, Science and Transportation Committee’s nomination hearing of Joseph Szabo as the new administrator to lead the Federal Railroad Administration (FRA), the American Association for Justice (AAJ) calls on the agency to review Bush administration regulations that weaken safety protections for consumers injured in railroad accidents.

In the last three years of the Bush Administration, the FRA issued nine federal rules which include language that usurps more stringent state safety laws. For example, in 2007, the FRA issued a passenger safety equipment rule regarding the front-end strength of railroad cars. In a rule that should have enhanced the safety of rail passengers, the agency inserted boilerplate preemption language that attempts to block lawsuits by injured consumers if the company meets the bare minimum federal safety requirements. The proposed rule is currently stayed by the January 20, 2009 memo on non-final rules issued by the Obama administration.

You can read more on the AJA's initiative online here.

15-City National Demonstration Targets Apple's Rotten Core & AT&T's Ineptitude

rdeluca@stark-stark.com (Bruce H. Stern) — Thu, 07 May 2009 08:06:26 -0500

The Sarah Jane Brain Foundation announced a national demonstration against Apple and AT&T in 15 cities across the country beginning on May 3 in Boston and ending on May 17 in Seattle. This national demonstration coincides with their previously announced 15-city American PABI Heroes Tour which is the first national musical competition to raise awareness of #1 leading cause of death and disability for children/young adults in the U.S. - pediatric acquired brain injury (PABI) and to support the families. The foundation also announced today that recording artist Kristy Kay will be headlining the 15-city tour.

Apple vetted and launched a sick iPhone app called "BABY SHAKER". Upon learning of this application The Sarah Jane Brain Foundation asked for three things from Apple and AT&T: 1) removal of the application 2) a public apology by Apple to the families and victims of Shaken Baby Syndrome along with a complete accounting for how this happened and 3) the development of a plan to mitigate the damages it has caused. Apple has refused to publicly apologize to the families, provide a full accounting of what happened and take any actions to mitigate the damage it has caused prevention efforts across the country.

The first leg of the "American PABI Heroes Tour" spans 15 cities across the country, beginning in Boston on May 3 and ending in Seattle, Washington on May 17. The tour will culminate on June 5 with a Grand Finale event in New York City featuring the winner from each of the 15 cities.

Kristy Kay will be performing in all 15 cities along with serving as one of the celebrity judges. She will be joined in each city by other local celebrity judges who will be deciding which performer will win the local prize money and the right to compete in New York City on June 5th to become the American PABI Hero. Kristy Kay is a well-known recording artist and songwriter.

Band applications for those cities are being accepted online through the website www.pabitour.com and involve submitting a music video clip as a sample performance. The semi-finalists selected from the online submissions in each city will perform one song live during that city’s tour night. Many of the semi-finalists have already been selected.

In New York City, one of the selected semi-finalists who will be competing is popular singer Stephanie Rooker, whose CD "Tellin’ You Right Now" was released in early 2008. Rooker, whose younger brother died from a brain injury in 1997, is well known for her efforts in brain injury advocacy.

A PABI Hero is a musician or group of musicians who have either already been supportive of a family affected by PABI (Pediatric Acquired Brain Injury), or who have a desire to help these families.

PABI stands for Pediatric Acquired Brain Injury, which is a brain injury sustained in children and young adults from birth up to age 25. It is the number one cause of death and disability for children/young adults in the United States.

Causes of PABI include traumatic events like motor vehicle accidents, assaults/child abuse, falls, blast injuries from war, sports concussions, being struck by an object, gunshot wounds and bicycle accidents as well as non-traumatic causes such as strokes, brain tumors, poisoning, lack of oxygen, meningitis, ischemia, poisoning, epilepsy, pediatric AIDS and substance abuse.

Entrants who have already been sponsoring a particular family of a child or young adult with PABI can choose to match themselves with that family by providing the family’s details along with the entry form.

Bands or musicians who do not know of a PABI family but would like to enter can still do so, and the Sarah Jane Brain Foundation will match them with a PABI family to sponsor in their local area.

By entering, bands or musicians agree to host a fundraiser for their sponsored PABI family within one calendar year of the tour date for their city.

TicketWeb and TicketMaster have partnered with the Sarah Jane Brain Foundation to sell tickets in 12 of the 15 cities for the American PABI Heroes Tour live competitions. They are available for purchase in advance by going to www.ticketweb.com or www.ticketmaster.com.

For more information on the American PABI Heroes Tour and for the official entry form, visit the website at www.pabitour.com.

Apple iPhone "Baby Shaker" App Causes Public Outcry

rdeluca@stark-stark.com (Bruce H. Stern) — Tue, 05 May 2009 08:07:09 -0500

The Sarah Jane Brain Foundation held a news conference last week outside the Apple Store in downtown Manhattan releasing the letter below to the Board of Directors of Apple and AT&T. While Apple has removed the "BABY SHAKER" application from its online store, Steve Jobs and Randall Stephenson have not issued a personal public apology. Apple has not issued a full accounting of how this was vetted and launched and Apple and AT&T have not offered a significant plan to mitigate the damages they have done to prevent child abuse. Until they do, The Sarah Jane Brain Foundation will continue to hold these organizations responsible for their actions. They have a fiduciary and corporate responsibility to ensure their companies do the right thing immediately!

Open Letter To the Board of Directors of Apple, Inc. and AT&T, Inc.;

Within the last 72 hours America has seen the soul of your organizations and something is very wrong. Your companies are reporting record earnings and yet you are showing no signs of corporate responsibility.

As you know by now, Apple released an iPhone application on Monday which simulated and encouraged the shaking and killing of babies called "BABY SHAKER". As the father of a 3-year-old daughter who was shaken when she was only 5 days old, breaking 3 ribs, both collarbones and causing a severe brain injury, I was shocked, appalled and angered! As the Founder of the Sarah Jane Brain Foundation, named after my daughter, with the mission to prevent pediatric acquired brain injury and to support the millions of children/young adults who suffer from the #1 leading cause of death and disability in the United States, the damage you have caused is immeasurable!

Apple displayed extreme recklessness in launching this application and the results were immediate and disturbing. Below are a few quotes from journalists and editors based on our press release yesterday who prove the seriousness of your actions. Go online and read the anonymous blog comments making fun of shaking a baby. The harm your organizations have caused in making light of harming and killing babies is enormous!

"I know! That baby shaker thing is so funny! We’ll mention your support in the review." - John Biggs, Editor-in-Chief, CrunchGear

"Uh, it’s a joke." - Ken Layne, Managing Editor, Wonkette.com

"Learn to take a joke." - Richard Nalley, Senior Editor, ForbesLife

"I couldn’t disagree with you more. The Apple App store is like a bookstore. It needs to be open to all the most repulsive ideas or we will have a regime of censorship. The next thing you know some corporate executive will decide that it is not politic to allow an app that furthers an idea you care deeply about." - Saul Hansell, Technology Reporter, The New York Times

While we are glad public outcry forced Apple to pull the application, the cynical way it was pulled without any explanation, any apology or any plans to rectify the damage they have already caused can only lead me to one explanation: this was a purposeful public relations effort coinciding with their campaign to promote their 1 billionth application download during Child Abuse Awareness Month and Shaken Baby Prevention week! The question I ask of you as fiduciaries of both Apple and AT&T is

"How many babies is your 1 billionth application download worth?"

We have asked for a public apology from Steve Jobs and we would like one from Mr. Stephenson as well.

We would like a complete accounting as to who was responsible for the vetting and launching of this sick application.

We would like Apple and AT&T to develop a significant plan to reverse the damage they have caused.

Anything short of this will reinforce the belief this was a purposeful and cynical plan to reach a 1 billionth application download! As Directors of both of these companies you have a fiduciary and corporate responsibility and the authority to act immediately - we expect nothing less from you.

On behalf of the millions of families across this country who are dealing with a child who suffers from a pediatric acquired brain injury (PABI), we are demanding action.

If we do not receive an adequate response from Apple and AT&T by the time we begin our 15-city American PABI Tour on May 3rd (pabitour.com - to promote awareness and support families who are dealing with PABI) we will hold a demonstration in front of the Apple Store in all 15 cities.

Regards,
Patrick B. Donohue, Esq.
Founder, The Sarah Jane Brain Foundation
181 Broadway - Suite 300
New York, NY 10007
(212) 201-0599
www.TheBrainProject.org

Food and Drug Administration Meeting Shows Patient Safety at Risk

rdeluca@stark-stark.com (Bruce H. Stern) — Thu, 30 Apr 2009 08:08:29 -0500

A recent report in The New York Times indicated that the Food and Drug Administration (FDA) is holding a rare “all-hands meeting” to discuss strategic issues in the medical device division of the agency is a further indication that safety approval of medical devices has been compromised, putting patients’ health and safety at risk. The meeting shows that the FDA sees an urgent need for reform in the agency especially when it comes to medical devices that have seen massive recalls and no recourse of litigation for those injured by these devices.

The American Association for Justice (AAJ) has been working with a large coalition of consumer and patient safety groups to pass the Medical Device Safety Act (MDSA), legislation that would restore the rights of medical device patients to seek justice in state courts when they have been harmed by unsafe medical devices.

Transportation Agencies Need to Quickly Enact Safety Standards

rdeluca@stark-stark.com (Bruce H. Stern) — Mon, 27 Apr 2009 08:42:28 -0500

The National Transportation Safety Board (NTSB) recently concluded driver fatigue, and the lack of federal safety standards protecting passengers on buses, contributed to the death and severity of the injuries sustained in the 2008 Utah bus rollover which killed nine and injured 43. In response, the American Association for Justice (AAJ) is calling on transportation regulators to review pending pre-Obama administration regulations and open new rule making proceedings to enhance commercial transportation safety measures for both trucks and buses.

You can read more on the American Association for Justice's website here.