The Nine, Jeffrey Toobin

I recently read the 2007 book called The Nine, by Jeffrey Toobin.  The author gives us glimpses into the people appointed by Presidents Clinton and Bush with some 1960s and 1970s appointments that made up the liberal court.  Surprises abound as Republican appointed Justices created a new kind of conservative court.

Two political ironies underscore Jeffrey Toobin's interesting new account of how personnel changes have changed the Supreme Court over the past two decades.


One is that, at the very time the Republican Party's four-decade ascendancy shows signs of abating, President Bush's appointments of Justices John Roberts and Samuel Alito have enabled conservatives to achieve their long-sought goal of a firm court majority.

Secondly, for all the GOP's advocacy of judicial restraint and its criticism of judges who legislate from the bench, the Republican-appointed majority represents what the author terms "a new kind of judicial activism" that threatens long-established rulings in crucial areas such as abortion and affirmative action.

O'Connor and Kennedy have maintained the swing vote on the court.  And, as Toobin points out, it all about how many votes you can muster that makes your opinion count.

As the Renquist court became the Roberts court the issues of abortion, Roe v Wade, still dominate the agenda.  With the most likely Justices to retire, Liberal Souter, Stevens and Ginsburg, the new conservative court will be an interesting observation in the coming years.

Tell Congress to Enact Increased Funding for TBI Programs

Urge Adoption of Higher Funding Allocation for TBI Programs in Senate Version of FY08 Labor-HHS-Education Spending Bill

Conferees are expected to formally meet this week to hammer out final details on the Fiscal Year 2008 Labor-HHS-Education appropriations bill. If you have not already done so, please urge your representatives in Congress to support the highest possible funding in the final Labor-HHS-Education conference bill for TBI programs.

Do find out how click here!

United Kingdom follows United States

The British government is conducting a survey of its soldiers to determine if those exposed to powerful explosions in Iraq and Afghanistan have suffered mild traumatic brain injuries, the Ministry of Defense said Saturday.

The ministry said it has begun distributing questionnaires to British troops in both countries as part of a self-assessment program to see if they have symptoms such as memory loss, depression and anxiety.

The Guardian newspaper, which first reported the survey, said it followed concerns within the U.S. Army that up to 20 percent of its returning soldiers and Marines were suffering from these conditions.

To read the full article click here.

Bush Nominates New Veterans Secretary

President Bush said that retired Army Lt. Gen. James Peake, chosen on Tuesday to head the embattled Veterans Affairs Department, will work to end months-long delays facing hundreds of thousands of U.S. troops trying to get treatment and benefits.

Peake, 63, a medical doctor who has spent 40 years in military medicine, retired from the Army in 2004 after being at the helm in several medical posts, including four years as the U.S. Army surgeon general.

Senate Majority Leader Harry Reid and other Democrats sent Bush a letter on Monday, complaining about delays.

Bush set up a presidential commission chaired by former Sen. Bob Dole, R-Kan., and Donna Shalala, former Health and Human Services secretary during the Clinton administration.

The panel urged broad changes to veterans' care that would boost benefits to family members caring for the wounded, establish an easy-to-use Web site for medical records and overhaul the way disability pay is awarded. It also recommended stronger partnerships between the Pentagon and the private sector to boost treatment for traumatic brain injury and post-traumatic stress disorder.

Anthony Principi, a former veterans affairs secretary, said Peake should not be expected to oversee reforms of an outdated veterans benefits system all by himself. "Clearly, it does need to be reformed," Principi told White House reporters after Bush announced his pick. "It's going to take a lot of consensus building among the veterans groups and the Congress."

Peake currently is chief medical director and chief operating officer of QTC Management Inc., which provides government-outsourced occupational health, injury and disability examination services.

He is the son of a medical services officer and an Army nurse and he graduated in 1966 from the U.S. Military Academy at West Point. He served in Vietnam as a platoon leader with the 101st Airborne Division and was awarded the Silver Star and two Purple Hearts.

Peake was wounded twice in battle and received his acceptance letter to Cornell University Medical College while he was recovering in a hospital. As a medical officer and combat veteran who was wounded in action, Peake understands the view from "both sides of the hospital bed — the doctor's and the patient's," Bush said.

During his decades-long career in military medicine, Peake was surgeon general of the U.S. Army, commanding 50,000 medical personnel and 187 army medical facilities across the world. He also was commanding general of the U.S. Army Medical Department Center and School.

From 2004 to 2006, Peake was executive vice president and chief operating officer of Project HOPE, a nonprofit international health foundation. While at HOPE, he helped organize civilian volunteers aboard the Navy hospital ship Mercy as it responded to the tsunami in Indonesia and aboard the hospital ship Comfort during its response to Hurricane Katrina.

Ladder Injury

More than 2 million people were treated at emergency rooms for ladder-related injuries between 1990 and 2005, according to a study published in the American Journal of Preventive Medicine.  With Autumn upon us, the risk of injury due to falling from a ladder is higher than other times of the year.

Falling off ladders and roofs is surprisingly common and can result in broken bones, brain injury, paralysis and sometimes even death -- as in the case of former Green Bay Packers football star Max McGee, who was blowing leaves off the roof of his Deephaven home when he fell and died.

Read the full article by clicking here.

House Fails to Override President Bush's Veto of SCHIP Legislation

Unfortunately, the House of Representatives failed this week, by a vote of 156-273, to override President Bush's veto of the SCHIP reauthorization bill (H.R. 976). A BIAA Action Alert had been issued in recent weeks asking brain injury advocates to contact their Representatives to urge them to vote to override the president's veto of the SCHIP legislation. This SCHIP reauthorization bill included a six-month moratorium on implementing the proposed Centers for Medicare and Medicaid Services (CMS) rule to restrict use of the Medicaid Rehabilitative Services Option; this rule would have a harmful impact on many individuals with TBI.


BIAA has formally submitted comments to CMS opposing implementation of the rule. These comments are available in the "Policy & Legislation" section of BIAA's website, located at http://www.biausa.org/policyissues.htm.


Democratic leadership in the House of Representatives is now expected to push forward with a new version of the SCHIP reauthorization bill, containing minor changes which are not expected to be substantive, but may give some Republicans added political coverage.

BIAA Legislative Update October 2007.2

Laura Schiebelhut provides this update and annouBIAA Plays Key Role in Passing TBI Model Systems Funding Amendment.


This week, BIAA worked closely with Sen. Ken Salazar's (D-CO) office to pass an amendment to the FY08 Senate Labor-HHS-Education Appropriations bill which would increase funding for the TBI Model Systems of Care program by $900,000. The amendment to the Senate Labor-HHS-Education spending bill (H.R. 3043), sponsored by Sen. Salazar, passed by unanimous consent on Thursday evening, October 18, 2007. The amendment was co-sponsored by Senators Carl Levin (D-MI), Debbie Stabenow (D-MI), Bob Casey (D-PA), Joe Lieberman (I-CT), and Evan Bayh (D-IN).


The additional funding is intended to counteract the recent reduction, announced in August, in the number of TBI Model Systems of Care Centers from 16 research center sites to 14 sites. The language of the amendment specifies that the funding "shall be used to carry out the Traumatic Brain Injury (TBI) Model Systems of Care Program and to sustain at least 16 TBI Model Systems Centers."


BIAA has been working with the American Congress of Rehabilitation Medicine (ACRM) over the past few months on various legislative strategies to try and obtain this stopgap funding in order to ensure that the service capacity of the important TBI Model Systems of Care program is not diminished. New Department of Defense (DoD) and Department of Veterans Affairs (VA) TBI research efforts authorized by legislation recently passed by the Senate are directed to collaborate closely with key TBI research efforts in the civilian sector, specifically including the TBI Model Systems of Care program.

 
Reduction in the number of research centers in the TBI Model Systems of Care program would have negative impacts both regionally and nationally, undermining established networks of expertise and research in the field of TBI. Certainly, such a reduction would make no sense considering the increased recognition of TBI as the signature injury of the War in Iraq, and Congress' clear legislative intent to link new DoD and VA TBI research efforts with civilian TBI research programs, specifically those - such as the TBI Model Systems of Care - administered through the National Institute on Disability Research and Rehabilitation (NIDRR).
The Senate is expected to pass its Labor-HHS-Education funding bill early next week. BIAA will then work with Sen. Salazar's office going forward to ensure this amendment is included in the eventual Labor-HHS-Education Appropriations conference report. Ultimately, the fate of this amendment will also depend on whether Bush vetoes the overall Labor-HHS-Education spending bill, which he has threatened to do, and how Congress chooses to proceed after that.
BIAA has also issued an Action Alert urging Congress to adopt the Senate version of the Labor-HHS-Education bill, which contains greater funding than the House bill for TBI programs.

 

International Brain Injury Association

The International Brain Injury Association (IBIA) is preparing for its annual convention.  This year they are back in Lisbon.  These conferences draw international participants.  For more information click here

Skateboard Injuries

With the current youth's opinion that helmets and protective padding standing strong are "dorky" or "uncool," most children skating in skate parks choose not to wear them. And considering the parks remain unsupervised, skate-at-your-own-risk facilities, it has become easier then ever to get away with it.

Helmets have been shown in studies to reduce the risk of head injury by 85 percent and the risk of brain injury by 90 percent.

According to the U.S. Consumer Product Safety Commission, more than 15,600 persons need hospital emergency room treatment each year for injuries related to skateboarding. Fractures are frequent occurrences, and death as a result of collisions with motor vehicles and falls are also reported.

Neurosurgeon Dr. David Shafron said skateboard injuries are common among patients he sees annually, with concussions ranking highest among these injuries.

"Concussions are by far the most common thing I see, meaning their level of alertness has been altered in any way, they are not necessarily knocked out," he said. "I usually get more involved when there's a loss of consciousness or skull fracture."

These statistics are serious.  My own children are not enticed by skateboards (thank goodness) yet they do love to glide around on "wheelies."  It scares me to death.

I remember as a child never wearing a helmet to ride my 10 speed.  But who would do so today?  The fact is safety may not be fashionable but it should be.

Bicycle Injuries

To follow up yesterday's post,  Reuters published an artice revealing the number injuries sustained by kids falling off bikes.  I commented yesterday on how in days of (my) youth, helmets were never worn and how the times have changed to make helmets fashionable apparel.  Read the full story here.

Legislative Action

Laura Schiebelhut of the BIAA encourages all of us to take action by urging Adoption of Higher Funding Allocation for TBI Programs in Senate Version of FY08 Labor-HHS-Education Spending Bill.

The Senate is expected to consider its version of the Fiscal Year 2008 Labor-HHS-Education appropriations bill later this week (Week of October 15, 2007). Consideration on the Senate floor is then to be followed by a formal conference between the House and Senate to determine final funding allocations in the bill, although informal conference negotiations have already likely begun. Please urge your representatives in Congress to support the highest possible funding in a final Labor-HHS-Education conference bill for TBI-specific programs housed within HRSA and CDC.

Aids treatment stops brain damage

Cocktails of drugs widely used to treat infection with the AIDS virus appear to stop brain damage caused by HIV as well, researchers reported on Monday.

Writing in the journal Neurology, the researchers said their study also pointed to a way to measure this progressive brain damage when it does occur.

Football: The Great American Danger?

We have all noticed the attention of late on sports and war related brain injury. I came across another article in People magazine ( October 8,2007) about the increasing number of concussions in high school football.


…while other serious injuries have declined in the past 10 years, the percentage of injuries that are concussions has nearly doubled, according to a July study by the Center for Injury Research and Policy in Columbus, which notes the numbers might be higher. “It’s a very underreported injury, so we’re pretty sure this is just the tip of the iceberg,” says Dawn Comstock, the study’s lead researcher and an assistant professor at Ohio State University School of Medicine. “Kids, coaches, parents, all of us have to take this injury much more seriously.”


Of course, no one is advocating a ban on the great American sport (which has more injuries than any other high school sport), the attention is creating increased safety. Several hundred high schools now use neurocognitive tests to help determine whether a player has healed.  High schools already have injury guidelines stressing that players shouldn’t be sent back into a game after a concussion – and definitely not until they’re examined by a physician.

 
Safety advocates received support when the NFL adopted stricter guidelines for when a player can return to play after a head injury. The NFL recently came under attack when three retired players who died were found to have suffered severe brain damage in their 40’s and 50’s. “As the NFL goes, so goes everyone else,” said Dr. Robert Cantu, co-director of the Neurological Sports Injury Center at Brigham and Women’s Hospital in Boston. “If the NFL says this is wrong, then colleges and high schools will say the same.”

Pacific Northwest Brain Injury Conference

I made presentation for the Oregon Brain Injury Association conference in Portland, Oregon.  I spoke on issues involving What it Takes to be a TBI Lawyer.  This included discussions on Case Selection and the Demonstrative Evidence techniques.

I was fortunate to have dinner with Dr. Muriel Lezak who resides and practices in Portland.  Dr. Lezak has made enormous contributions to the field of brain injury and neuropsychology.  Her famous text, Neuropsychological Assessment, is required reading for all neuropsychologists, lawyers and others interested in mastering the concepts of neuropsychology.

BIAA Legislative Update October 2007.2

BIAA Issues Legislative Action Alert


The Brain Injury Association of America issued a Legislative Action Alert this week asking advocates to contact their Members of Congress on two important timely issues – “Wounded Warrior” Legislation containing important TBI provisions and SCHIP reauthorization legislation containing important Medicaid provisions related to TBI care.


The first part of the alert encouraged brain injury advocates to contact their Representative to urge conferees to retain the Senate’s Dignified Treatment of Wounded Warriors Act. Earlier this week, the Senate passed its version of the defense authorization bill, including the text of the Dignified Treatment of Wounded Warriors Act, which contains critically important provisions to improve TBI care for returning service members. The House of Representatives passed its defense authorization bill, which does not contain these critical TBI provisions, in May. Conferees have now been appointed, as the House and Senate will work in conference to produce a final version of the legislation to send to President Bush. For more information on BIAA’s position on the Dignified Treatment of Wounded Warriors Act, please visit our website at http://www.biausa.org/policyissues.htm.


The second issue addressed in the alert was the immediate need for advocates to contact their Representative to urge them to vote to override President Bush’s veto of the SCHIP reauthorization bill (H.R. 976). On October 3, 2007, President Bush vetoed legislation to reauthorize and expand the State Children’s Health Insurance Program. This bill includes a six-month moratorium on implementing a federal regulation proposed by the Bush Administration, which would restrict the use of Medicaid’s Rehabilitative Services option. Rehabilitation services provided under the Medicaid Rehabilitative Services option are often vital to individuals with traumatic brain injury to improve and maintain their health and independence.


It is expected that a vote to override the president’s veto will occur on October 18 in the House of Representatives. As the Senate already has sufficient votes for the two-thirds majority required for an override of such a likely veto, the question will largely come down to whether the House of Representatives can garner enough votes to override the veto as well. Currently it appears that there is not enough Republican support in the House for an override.


Note: BIAA has been working as part of the Coalition to Preserve Rehabilitation to prevent implementation of this restrictive rule, and will soon be submitting comments to the Centers for Medicare and Medicaid Services (CMS) voicing strong opposition to proposed regulation. These comments will be posted on BIAA's website shortly.


Appropriations Update


Congress moved one step closer this week to a potential showdown with President Bush over Fiscal Year 2008 spending bills. House and Senate Democratic leaders have reportedly reached a tentative agreement on how much each of the 12 separate appropriations bills should provide, which will allow conference negotiations on final bills to go forward.


None of the 12 spending bills have yet reached the President’s desk. Earlier this year, both chambers of Congress agreed to spend $956.1 billion – or $23 billion more than requested in the President’s Fiscal Year 2008 Budget – but as is normally the case each year, the House and Senate differed in their allocations for most of the individual appropriations bills.


In particular, the House allocated $151.1 billion - $1.9 billion more than the Senate allocation - for the Labor-HHS-Education spending bill (H.R. 3043), (although the Senate version of the bill does contain greater funding for TBI, specifically a 14% increase in funding for TBI Act programs). While the Senate version of the Labor-HHS-Education spending bill is not expected to be considered by the full Senate until after Columbus Day recess, in reality conference negotiations between the two chambers have likely already started, now that a tentative agreement has been reached on a total amount for the bill. It is expected that the Labor-HHS-Education spending bill could be one of the first the Democratic leadership sends to President Bush, in order to draw a clear distinction with the president on spending priorities. President Bush has threatened to veto all of the appropriations bills except for the two that are defense-related (Defense (H.R. 3222) and Military Construction-VA (H.R. 2642)).


New Report Calls for Improved Disability Benefits for War Veterans
A report issued on Wednesday by the Veterans’ Disability Benefits Commission recommended revising the disability rating schedule to better take into account neurological disabilities, including TBI. Specifically, the Commission recommended tackling “post-traumatic stress disorder, other mental disorders and traumatic brain injury expeditiously” when revising the disability rating schedule.


The report called for completing a revision of the current disability rating system within the next five years. In addition, the Commission found that, overall, the current disability benefits structure does not take into account the full impact of service-connected disabilities on veterans’ quality of life, and recommended that Congress provide a 25 percent increase in benefits until a new system is put into place.

Bankruptcy after TBI or SCI

A report today revealed that the risk of Bankruptcy increases 33% after brain or spinal injury.  Interestingly, the severity of the injury is not a predicator since more severe injuries involve a safety net of income in the form of disability or other provisions.  The less severe injuries that do not have such safety net are more likely to fall to bankruptcy protection.  This supports an article I wrote which was published in Commuique, a Nevada Legal legal publication.

In the article I explain the specific difficulties confronting lawyers when their clients file bankruptcy.  The loss of income and earning capacity that results in these cases can be staggering.  But the issues surrounding the client's rights being passed on to a trustee who manages the assets is disquieting.  It makes the process very difficult indeed.

To read the article I wrote entitled Bankruptcy and Traumatic Brain Injury, Click Here.

To read the report on Bankruptcy for TBI and SCI sufferers, Click Here.

BIAA Legislative Update October 2007

Read the latest legislative update from the Brain Injury Association.

BIAA Legislative Action Alert: Please Act on Both Items As Soon As Possible


1-Wounded Warrior Legislation Containing Important TBI Provisions
Earlier this week, the Senate passed its version of the defense authorization bill, including the text of the Dignified Treatment of Wounded Warriors Act, which contains critically important provisions to improve TBI care for returning service members. The House of Representatives passed its defense authorization bill, which does not contain these critical TBI provisions, in May. Conferees have now been appointed, as the House and Senate will work in conference to produce a final version of the legislation to send to President Bush.


Action Requested: Please contact your Representative today and urge them to sign on to the Congressional Brain Injury Task Force letter urging conferees to retain the Senate’s Dignified Treatment of Wounded Warriors Act provisions in the final version of the defense authorization bill.


2-SCHIP Legislation Containing Important Medicaid Provisions Related to TBI Care
Earlier today, (October 3, 2007) President Bush vetoed legislation to reauthorize and expand the State Children’s Health Insurance Program. This bill includes a six-month moratorium on implementing a federal regulation proposed by the Bush Administration which would restrict the use of Medicaid’s Rehabilitative Services option. Rehabilitation services provided under the Medicaid Rehabilitative Services option are often vital to individuals with traumatic brain injury to improve and maintain their health and independence.


It is expected that a vote to override the president’s veto will occur in the House of Representatives next week or shortly thereafter. As the Senate already has sufficient votes for the two-thirds majority required for an override of such a likely veto, the question will largely come down to whether the House of Representatives can garner enough votes to override the veto as well. Currently it appears that there is not enough Republican support in the House for an override.


Action Requested: Please contact your Representative TODAY and urge them to vote to override President Bush’s veto of the SCHIP reauthorization bill.

NIH funds Point of Care Technology

The National Institute of Health is funding a grant to assess brain damage at the point of care to avoid delays and set up protocol to decrease the extent of damage.

A leading cause of disability in the United States is a neurological event such as stroke, head injury or drug abuse. Regardless of the cause, the brain is often quickly and irreversibly damaged. UC researchers, funded by a $9 million grant from the National Institutes of Health, will study point-of-care technologies to assist the diagnosis and treatment of patients with neurologic emergencies. The result is the "Point-of-Care Center for Emerging Neuro Technologies." This five-year award is renewable for five years.

See the full article by clicking here.

Another Day in the Frontal Lobe 10

Dr. Firlik confides in the tenth chapter that she is not immune from Emotion.

While reporting to a man who just had a brain tumor that was "not benign," and his wife and daughter, she broke down and cried. Nice to know that neurosurgeons have feelings.

Her comments remind me how physicians are able to block the misery of death and dying. Wouldn't be much good if they couldn't. Kind of like not being able to deal with the sight of blood.

When speaking with undergraduate students about the brain, Dr. Firlik remembers the absolute visceral reaction. The whole business of neurosurgery was too depressing to consider as a career.

What price had she paid to "not cry over every patient?" What had she gained? For her, it is an appreciation of the everydayness of life that her patients lose. She will one day lose it but that is what dealing with death has given her.