Brain Injury Lawyer

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.”

New Jersey High School Student Asks Congress for Concussion Management Guidelines

rdeluca@stark-stark.com (Bruce H. Stern) — Thu, 21 Jan 2010 10:35:37 -0500

I read an interesting article recently in which Niki Popyer, a 16-year old resident of Marlboro, New Jersey, joined former players from the National Football League and asked Congress to develop concussion management guidelines after she was forced to give up basketball because she suffered multiple concussions. The bill would also establish a grant program to states to come up with ways to prevent, diagnose and treat sports-related concussions in schools.

You can read the full article online here.

Third-party Observers During Neuropsychological Testing

rdeluca@stark-stark.com (Bruce H. Stern) — Wed, 20 Jan 2010 09:04:53 -0500

On prior blog postings, I have discussed the issue of third-party observers during neuropsychological testing. As you are aware from reading my prior posts, most neuropsychologists object to any third-party observations. The question then becomes whether this is because third-party observations will truly invalidate the testing data or whether defense forensic neuropsychologists don’t want to be cross-examined about the administration of their testing.

On this issue, I recently read an interesting article which represents the perfect example of why neuropsychological examinations should be videotaped.

The case involves the criminal prosecution of Daniel Plata who sustained brain damage as a result of birth trauma. In March 1995, Daniel Plata and his accomplices were involved in an armed robbery and Daniel was charged with the murder of the store clerk. Daniel Plata’s murder was captured on videotape and played before the jury. A guilty verdict was a foregone conclusion. Daniel Plata was convicted and sentenced to execution by lethal injection. Following the United States Supreme Court’s decision in Atkins v. Virginia (2002), a decision handed down six years after Daniel Plata was put on death row, the United States Supreme Court ruled that “executions of mentally retarded criminals are cruel and unusual.”

Plata’s attorney then moved to set aside the death penalty asserting that Plata fit the criteria established by the Atkins court. His attorney hired Antonin Llorente, a neuropsychologist who had designed intelligence tests and was a noted Spanish speaker, which is important because it would allow him to test Mr. Plata in Spanish. After five hours of testing, Dr. Llorente determined that Plata’s IQ score was 65, a score that would put him in a mentally retarded category.

Texas prosecutors then hired Dr. George Denkowski who had been the chief psychologist at the Fort Worth State School, a 35-bed facility for people with all ranges of mental retardation. Dr. Denkowski had testified in 29 prior death penalty cases, two-thirds of such appeals in Texas. In the 29 cases, he had found defendants retarded only eight times. According to the newspaper report, Dr. Denkowski “had garnered and almost doctored death status among defense attorneys. Between 2003 and 2009, Harris County Texas paid him approximately $300,000.

Dr. Denkowski, who did not speak Spanish, interviewed the defendant and then administered IQ tests in English. A detailed description of the testing procedure can be found in the attached newspaper article from the Texas Observer.

Fortunately for defendant Plata, the evaluation was video recorded. Defendant’s counsel retained Dr. Jack Fletcher, a nationally renowned neuropsychologist who had served on the President’s Commission on Excellence in Special Education. Dr. Fletcher viewed the videotape and concluded that Dr. Denkowski’s methods appeared to be “driven to the old scores outside the range of mental retardation.”

After a hearing before the trial court, the Judge ruled that defendant Plata was “a person with mild retardation who should be removed from death row.” More significantly for our purposes, the trial court denounced Dr. Denkowski’s methodology writing that Dr. Denkowski’s testimony, “must be disregarded due to fatal errors.” He found that “It is not generally accepted practice within the field of psychological assessment to obtain an IQ score, declare it invalid and then estimate an IQ score with numbers.”

On January 18, 2008, the Texas Court of Criminal Appeals agreed and commuted defendant’s death sentence to life imprisonment. He is presently being housed in a unit with other mentally retarded prisoners.

What is clear is that had this neuropsychological evaluation not been videotaped, Mr. Plata in all likelihood would have been executed.

Brain Injury Association of New Jersey to Host 2010 Annual Gala

rdeluca@stark-stark.com (Bruce H. Stern) — Tue, 12 Jan 2010 08:02:38 -0500

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.

The event will honor Roger Del Mauro, President and CEO of Saint Barnabas Healthcare Systems, and Anthony Kuczinski, President and CEO of Munich American Re-Insurance. Rebecca Quick, co-anchor of CNBC’s signature morning program Squawk Box, will serve as the Honorary Chairperson and Mistress of Ceremonies.

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

United States Department of Veterans Affairs Release Guidelines for the Management of Concussions and Mild Traumatic Brain Injuries

rdeluca@stark-stark.com (Bruce H. Stern) — Fri, 08 Jan 2010 13:47:38 -0500

The United States Department of Veterans Affairs has released guidelines for the management of concussions and mild traumatic brain injuries. The guidelines outline the critical decision points in the management of concussions and mild traumatic brain Injuries, and provide readers with a clear and comprehensive understanding of the recommendations which incorporate current information and practices for practitioners throughout the Department of Defense and VA Health Care systems. The guidelines are intended to improve patient outcomes and local management of patients suffering from concussions or brain injuries. You can access the guidelines online here.

National Football League Supports New Findings in Concussion Research

rdeluca@stark-stark.com (Bruce H. Stern) — Wed, 23 Dec 2009 08:06:47 -0500

The New York Times reported Sunday that after months of research and many debates, the National Football League has agreed to support research which states that concussions sustained during play have lasting and devastating effects on players. Greg Aiello, league spokesman, agreed that research proves that concussions can lead to long-term problems.

The NFL’s change in opinion came after months of hearings before the House Judiciary Committee, in which the league’s current treatment of players with brain injuries was compared to that of the tobacco industry’s concern regarding consumers. Additionally, the N.F.L. has accepted the resignations of the co-chairmen of its concussion committee and has made major changes to policies overseeing concussion management. For example, players now must be cleared by brain-injury experts unaffiliated with the team, and cannot return to a game or practice in which they have shown any significant sign of concussion.

This is a great step in the right direction for the recognition and treatment of players with head injuries. You can read more on this story online here.

First National Hockey League Player Diagnosed with CTE

rdeluca@stark-stark.com (Bruce H. Stern) — Mon, 21 Dec 2009 12:38:14 -0500

Though I've discussed several times in the past the link between the NFL and traumatic brain injuries, in a recent New York Times article, a deceased professional hockey player has been found to have had brain damage associated with repeated head trauma. This is the first time hockey has been associated with health risks like those associated with boxers and football players.

Reggie Fleming, a defenseman in the National Hockey League from 1959 to 1974, passed away in July at the age of 73 and was the first hockey player known to have chronic traumatic encephalopathy (CTE). CTE is a neurodegenerative disease known to cause cognitive decline, behavioral abnormalities and ultimately dementia.

Last month the NHL agreed to form a committee to study the issue of concussions in players, and a recommendation for new rules designed to cut down on hits that resulted in concussions was expected before the end of the season. You can read the full story online here.

Stark & Stark's Launches New Website

rdeluca@stark-stark.com (Bruce H. Stern) — Thu, 17 Dec 2009 09:04:02 -0500

I am pleased to announce that Stark & Stark has launched an additional firm website that is dedicated to providing information for those who have been seriously injured. The new site provides articles on updates to laws impacting the field of personal injury, video blogs offering helpful tips and practice specific resource guides.

In addition to the new Stark & Stark website, the firm has also has redesigned it's website in an effort to provide visitors with easier access to our attorneys and information on the many services we provide. The new site features updates on our active involvement in community organizations, an option to sign up for industry specific newsletters, and links to all of the various blogs provided by Stark & Stark.

Test Security in Medico-Legal Cases: Proposed guidelines for attorneys utilizing neuropsychology practice

rdeluca@stark-stark.com (Bruce H. Stern) — Wed, 16 Dec 2009 08:08:41 -0500

I read with interest an current article entitled “Test Security in Medico-Legal Cases: Proposed guidelines for attorneys utilizing neuropsychology practice” published in the November 2009 issue of the Archives of Clinical Neuropsychology. The author is Kenneth R. Morel, Ph.D.

The article discusses the unethical practice of attorneys preparing their clients in advance for a neuropsychological examination and recommends guidelines for attorneys.

In that article, the author includes two tables, the first discusses the “appropriate attorney preparation of a client for a neuropsychological examination” and second “examples of attorney preparation of a client that may reduce the validity of the neuropsychological examination and raise ethical questions.” First let me say that I have no objection to either of the tables with the exception that it is not the plaintiffs’ obligation “to bring with them all relevant medical records, etc.” Rather, it is the obligation of the attorney who retained the neuropsychologist to provide the neuropsychologist with these materials.

Taking a step back, I do question the initial assumption that plaintiff attorneys routinely coach their clients. While it would not surprise me that there are isolated cases where this does occur, I do not believe that it is the general practice of attorneys to do so. For the past 20 years I have represented clients who have sustained traumatic brain injuries and was one of the founding members of the Traumatic Brain Injury Litigation Group of the American Association for Justice. In those 20 plus years, I have never heard attorneys even discuss preparing their clients for neuropsychological examinations.

While I was impressed with the thoroughness of the research in preparing this article, I was distressed to see so many citations to neuropsychologists who earn a living representing defendants in civil proceedings.

From an attorney’s standpoint, it is essential that the attorney be able to obtain the test materials as well as all scoring manuals, let alone the raw data. Furthermore, it is essential that counsel, whether plaintiff or defense, have the ability to utilize these materials during depositions and trial. In my experience, many neuropsychologists, in an effort to save money, have the tests administered and even scored by technicians and/or students. As a result, there is often a great deal of mis-scoring raising questions regarding not only the administration but interpretation of the data. When this occurs, it is essential that the fact-finder, in most cases a jury, be able to observe the test questions and the inaccurate scoring.

NFL Public Service Announcement on Concussions

rdeluca@stark-stark.com (Bruce H. Stern) — Mon, 14 Dec 2009 08:19:11 -0500

As I mentioned last week, the National Football League and the Center for Disease Control joined together to create a public service announcement educating players, coaches and parents on how to recognize a concussion, the importance of early detection, and urged players to take time to recover and not return to play too soon.

You can watch the PSA online here, and for additional information visit the Concussion in Sports page of the CDD's website.

National Football League Introduces PSA on Concussions

rdeluca@stark-stark.com (Bruce H. Stern) — Thu, 10 Dec 2009 16:12:22 -0500

The National Football League has produced a public service announcement about concussion treatment and management that is scheduled to begin airing on television today. Roger Goodell, NFL Commissioner, said that the league would produce the PSA during a Congressional hearing in October on football-related head injuries.

The 30-second spot was approved by the Centers for Disease Control and Prevention (CDCP) and is scheduled to debut tonight during the Steelers-Browns game. It is also scheduled to air this weekend and in the future on NBC, CBS, Fox and ESPN.

The spot is aimed at athletes, parents, coaches and young athletes. The spot urges players not to try to hide concussions. The PSA also advises coaches and parents to educate themselves about head injuries and to prevent any athlete who suffers an injury from returning to play before a qualified health professional approves their return.

The Sarah Jane Brain Foundation Launches International Mind, Brain, Health and Education Initiative

rdeluca@stark-stark.com (Bruce H. Stern) — Tue, 08 Dec 2009 08:07:39 -0500

Last week, The Sarah Jane Brain Foundation (SJBF) announced that its National Advisory Board has expanded to become an International Advisory Board with the addition of experts from across the globe.

The SJBF also announced the appointment of Dr. Stephanie Peabody, Visiting Scholar at Harvard University, as the Executive Director of its International Mind, Brain, Health, and Education Initiative (IMBHEI). The International MBHE Initiative will generate a comprehensive integration of neuroscience, developmental sciences, health, education and related disciplinary research. Its goal is to positively impact optimal achievement in academics and in life for all individuals. IMBHEI will develop best practices for health care clinicians, educators, public health professionals, policy makers, family/caregivers and other stakeholders, based in scientific research. This will be the foundation for creating and building the SJBF data repository of knowledge related to the brain.

The following experts in the fields of Pediatric Acquired Brain Injury (PABI) and neuroscience were announced as part of the newly formed International Advisory Board and the launch of its Global Initiative:

Dr. Kurt Fischer, Bigelow Professor at Harvard’s School of Graduate Education (HGSE) and Director of the Mind, Brain, and Education (MBE) Program
Dr. Jane Gillett, the Medical Director of the Hamilton Health Sciences ABI (Acquired Brain Injury) Program, as well as an Associate Professor at McMaster University in Ontario, Canada
Dr. Shayne Ladek, who is the Team Physician for the Canadian Soccer Association and Federation Internationale de Football Association
Dr. Vilayanur S. Ramachandran, the Director of the Center for Brain and Cognition, Professor in the Psychology Department and Neurosciences Program at the University of California, San Diego, and Adjunct Professor of Biology at the Salk Institute for Biological Studies
Nick Rushworth, the Executive Officer of Brain Injury Australia
Dr. Lucia Willandino Braga the President and Dean of the SARAH Network of Rehabilitation Hospitals, located throughout Brazil
Shaheen Usmani out of Jamia Millia Islamia (a Central University in India)

Brain Injury Rehabilitation: International Perspectives

rdeluca@stark-stark.com (Bruce H. Stern) — Thu, 03 Dec 2009 08:09:49 -0500

I just received this month’s issue of Brain Injury Professional, the official publication of the North America Brain Injury Society. This month’s issue is entitled “Brain Injury Rehabilitation: International Perspectives.” Included in the issue are articles regarding brain injury treatment in Italy, the United Kingdom, Norway, Sweden, Ireland and south Africa. As President, Ron Savage, Ed.D. writes in his monthly message, “This issue of Brain Injury Professional focuses on brain injury rehabilitation from a global perspective. As we take a look outside of North America, many brain injury professionals find that other countries have similar challenges trying to meet the needs of this complex population with limited resources.”

This month’s issue is edited by Chris MacDonell who for the past eighteen years has worked with the Commission on Accreditation of Rehabilitation Facilities (CARF). She writes in her guest editors’ message:

I hope that by bringing information about providers in Sweden, Norway, Italy and Ireland in this publication, as well as information about the European Brain Injury Society, your interest will be tweaked to see how we reach across our borders and collaborate together as brain injury professionals to improve internationally what we can offer to those with ABI and their families. We hope this will be a stepping off point where we learn how others make things work with limited funds, how support for families grow, and what we can do to be the advocates and voice of those that continue to have difficulty being heard.

I encourage all those interested in brain injury rehabilitation to become members of the North America Brain Injury Society. As part of your membership, you will receive copies of the Brain Injury Professional. NABIS can be contacted at www.nabis.org.