Brain and Spine Injury Lawyer & Attorney : Titolo Law Firm : Las Vegas, Nevada

BIAA has strongly endorsed The Caring for Wounded Warriors Act of 2008 (S. 2921), legislation introduced on Monday, April 28 by Senator Hillary Rodham Clinton which would increase support for family caregivers of servicemembers with TBI. Several recommendations made by BIAA during the legislative drafting process were incorporated into the bill.

BIAA encourages you to urge your Senator to sign on as a cosponsor of this important legislation.
The bill would require two pilot programs to be implemented through the Department of Veterans Affairs, improving the resources available to those caring for returning servicemembers with TBI.
The first pilot program, which would provide for training, certification and compensation for family caregiver personal attendants for veterans and members of the Armed Forces with TBI, is very similar to a provision in last year’s Heroes At Home Act of 2007, which BIAA also strongly endorsed.

The second pilot program would leverage existing partnerships between Veterans Affairs facilities and the nation’s premier universities, training graduate students to provide respite care for families caring for wounded warriors suffering from TBI.

To urge your Senator to become a cosponsor of S. 2921, click here.

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The North American Brain Injury Society is pleased to announce the 21st Annual Legal Conference on Brain Injury will be held in New Orleans, Louisiana, October 2-4, 2008.

OVERVIEW
This 21st Annual Conference on Legal Issues in Brain Injury offers detailed, practical information on every aspect of litigating a case involving brain injury. Over 60 of the leading attorneys and medical experts from North America will provide the tools you need to successfully handle these challenging cases. From case selection to trial techniques, this Conference is the “must attend” event for professionals involved in brain injury litigation.

Building on the success of last year''s pre and post-conference workshops, the program chairs have included several "hands on" panel format discussions that will address the practical issues presented by brain injury cases.

As an added bonus, attendees to this Conference may also attend the concurrent sessions of the NABIS Sixth Annual Medical Conference on Brain Injury.

Who should attend? Allattorneys involved in brain injury litigation and medical professionals are involved in brain injury cases as experts or consultants.

LOCATION
The New Orleans Convention Center Marriott is located at the edge of the historic French Quarter and features 1,329 beautifully appointed guest rooms and suites complemented by a sparkling Concierge Lounge. Guests are positioned steps from the world famous Bourbon Street. Discover the bridge between business and pleasure at the esteemed Marriott New Orleans Hotel in the French Quarter! NABIS has negotiated a reduced rate of only $165.00 per night for attendees to the conference. To book your room, click here. If you prefer, you may book your room by calling 1-800-Marriott and referencing the “North America Brain Injury Society” block.

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This week marked a major legislative victory for the brain injury community, as President Bush officially signed into law legislation reauthorizing the TBI Act (S. 793) on Monday, April 28! Congratulations to all BIAA state affiliates, advocates, and national stakeholders who helped make TBI Act reauthorization a reality. To view a copy of BIAA’s official press release applauding this major accomplishment, please visit our website at http://www.biausa.org/policyissues.htm.

In other exciting news, BIAA proudly endorsed The Caring for Wounded Warriors Act of 2008 (S. 2921), legislation introduced on Monday, April 28 by Senator Hillary Rodham Clinton which would increase support for family caregivers of servicemembers with TBI. Several recommendations made by BIAA during the legislative drafting process were incorporated into the bill. A copy of BIAA’s Letter of Endorsement for S. 2921 will be available shortly on our website at http://www.biausa.org/policyissues.htm.

Also this week, a report was released by the Department of Veterans Affairs Inspector General which found that the VA is not providing the necessary standard of support and long-term follow-up assistance needed by veterans with TBI and their families.

In addition, after the House of Representatives passed by a veto-proof margin last week important legislation which would place a moratorium until March 2009 on several harmful Medicaid regulations (H.R. 5613), the fate of the bill was left up to the Senate. Earlier this week, Senate Majority Leader Harry Reid (D-NV) attempted to bring the bill up on the Unanimous Consent Calendar, but this attempt was blocked by Senator Coburn (R-OK). Now there is an effort to get the bill included in the FY 2008 Supplemental Appropriations bill. BIAA continues to strongly endorse H.R. 5613 and supports efforts to include the bill in the FY 2008 Supplemental Appropriations bill.
As a final note, BIAA is waiting to see if Congress will be able to establish a budget this year before sending out its Legislative Action Alert on FY 2009 TBI Appropriations. There is speculation that Congress may indeed be able to achieve a budget agreement in the upcoming next few weeks, and BIAA’s Appropriations Action Alert will be sent out shortly thereafter.

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President Bush signed legislation to reauthorize the TBI Act this afternoon: http://www.whitehouse.gov/news/releases/2008/04/20080428-5.html..

President Bush Signs S. 793 into Law

On Monday, April 28, 2008, the President signed into law:

S. 793, the "Traumatic Brain Injury Act of 2008," which authorizes appropriations and makes changes to the Department of Health and Human Services programs that provide grants for State programs for: tracking and reporting of brain injuries; and brain injury rehabilitation.

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House Overwhelmingly Passes Bill to Delay Harmful Medicaid Regulations
This week the House of Representatives passed by a veto-proof margin H.R. 5613, important legislation which would place a moratorium until March 2009 on seven harmful Medicaid regulations issued by the Department of Health and Human Services. BIAA issued a Legislative Action Alert earlier this week before the vote encouraging advocates to urge their Representative to vote YES on the bill. The fate of the bill is now up to the Senate.

The legislation, which was originally introduced on March 13, 2008, would delay the implementation of seven harmful Medicaid regulations through March 2009, including several rules which would be especially deleterious to individuals with brain injury.

One of these rules would limit rehabilitation services for Medicaid beneficiaries, severely curtailing the ability of people with disabilities – including TBI – to receive rehabilitation services now covered under Medicaid. Access to these rehabilitative services is essential, as in many cases, these services play a vital role in allowing people with TBI to live independently in the community.
As the House considered and passed H.R. 5613 by a vote of 349-62 on Wednesday, Senate Republican leadership began circulating a letter defending the Medicaid regulations and urging colleagues to reject such legislation in the Senate. According to news sources, this letter forms part of a Republican strategy to demonstrate to supporters of H.R. 5613, through the gathering of a sufficient number of signatures, that they will not be able to override a veto in the Senate.
If enough Senators sign on to the Republican leadership letter, effectively backing up the president’s veto threat, there is speculation that the White House could then offer a limited moratorium on only two of the harmful regulations. Unfortunately, these two regulations are not the ones addressing targeted case management and rehabilitative services, which stand to directly impact individuals with brain injury. (CQ Healthbeat News, April 24, 2008, John Reichard).
Without a moratorium, all seven of the regulations would go into effect by June 30 of this year.
BIAA thanks advocates for contacting their Representatives this week, and will shortly issue another Legislative Alert anticipating Senate action on the bill.

A copy of BIAA’s letter endorsing H.R. 5613 can be obtained by visiting BIAA’s website at the following address: http://www.biausa.org/policyissues.htm.
BIAA Submits Testimony to Senate Appropriations Subcommittee

Also this week, BIAA submitted written testimony to the Senate Appropriations Subcommittee in charge of funding TBI programs within the Department of Health and Human Services and the Department of Education. BIAA’s testimony urges an increase in funding in Fiscal Year 2009 for programs authorized through the TBI Act, as well as TBI research programs conducted within the National Institute on Disability and Rehabilitation Research (NIDRR).

Within the testimony, BIAA requests $30 million in funding for programs authorized through the TBI Act, as well as sufficient funding to sustain and increase medical rehabilitation research within NIDRR. The testimony also urges an allocation of at least $8.3 million to allow NIDRR to continue to fund 16 TBI Model Systems research centers.

 
In addition, BIAA played a leading role, along with other national organizations, in recent weeks in drafting and circulating an organizational sign-on letter in support of FY09 TBI appropriations. The letter, which was signed by over 25 organizations - including several veterans organizations - was recently delivered to both the House and Senate Appropriations Subcommittees on Labor, Health and Human Services, and Education.

Copies of both BIAA’s written testimony and the Organizational Sign-On Letter in support of appropriations for TBI programs can be obtained by visiting BIAA’s website at the following address: http://www.biausa.org/policyissues.htm.

BIAA Roots On Servicemembers at Wounded Warrior Soldier Ride White House Kickoff
A representative of BIAA was invited to attend an event hosted by President George W. Bush on Thursday at the White House. BIAA Government Affairs Director Laura Schiebelhut was proud to be part of the inspiring event, which honored a group of wounded warriors as they kicked off the Wounded Warrior Project’s second annual “Soldier Ride: White House to Light House Challenge.”
Soldier Ride, sponsored by the Wounded Warrior Project, is a rehabilitative cycling program for wounded warriors, including individuals with brain injury. For many of these combat-wounded veterans, Soldier Ride provides the first steps in the return to an active lifestyle.
BIAA Signs On In Support of National Shaken Baby Syndrome Awareness Week Resolution
BIAA was proud to sign on as a supporter of the National Shaken Baby Syndrome Awareness Week Resolution (S. Res. 518), which passed the Senate on Monday. The Resolution, introduced by Senator Dodd (D-CT), dedicates this week (the week of April 21st through 25th) to raise awareness of Shaken Baby Syndrome and to ultimately eliminate its occurrence.
BIAA was included as a supporter of the resolution in Senator Dodd’s floor statement that was submitted to the Congressional Record when it was introduced on Thursday, April 16, 2008.

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After legislation to reauthorize the Traumatic Brain Injury (TBI) Act successfully passed by Congress last week, the bill still needs to be considered by the President for his signature into law. The Brain Injury Association of America (BIAA) anticipates this consideration will occur in the very near future.

This week saw major activity occur on H.R. 5613, legislation recently introduced which would place a moratorium until March 2009 on seven Medicaid regulations issued by the Department of Health and Human Services. On Wednesday, the bill was unanimously approved by the full House Energy and Commerce Committee, setting up a potential veto showdown with the White House. BIAA has strongly endorsed this legislation and submitted an official letter of endorsement to the bill’s sponsors, Rep. Dingell (D-MI) and Rep. Murphy (R-PA), last week.

Also this week, The Rand Corporation published an important comprehensive study of the mental health and cognitive needs of U.S. servicemembers returning from Afghanistan and Iraq. This groundbreaking study - which focuses specifically on the post-deployment health-related needs and economic costs associated with post traumatic stress disorder (PTSD), major depression and TBI - estimates that 320,000 servicemembers may have experienced TBI as a result of recent combat operations.

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Last night, the Senate passed a slightly revised version of S. 793, the Traumatic Brain Injury Act, which exactly matches the House version passed earlier this week. The bill has now been cleared entirely by Congress and will be forwarded on to the President for his signature!!!

Passage of TBI Act reauthorization has been the number one legislative priority of BIAA in 2008, and much behind-the-scenes work with Members of Congress and their staff has occurred in recent weeks and months. In addition, BIAA grassroots advocates played an essential role in moving this legislation and ensuring that Congress passed it THIS YEAR, so a huge THANK YOU to all of you who contacted your Representatives and otherwise worked to ensure the progress of this key legislation.

Since the President has not threatened to veto this bill, BIAA is not asking advocates to contact the President at this time. Instead, BIAA will be asking advocates to craft thank you notes to key legislators in the near future. Of course, if you do feel individually moved to contact the President, you are welcome to do so.

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New Orleans will be the city of this year's North American Brain Injury Society's 2008 Conference.  I have been invited to make a presentation at the event which runs from October 2-4.  For more information visit www.nabis.org.

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A new study on tort reform by a business-backed institute "proves tort reform does not work," according to the association for the nation's justice lawyers.  The Insurance Journal contains the report.

The Las Vegas Review Journal reports on the Endocscopy Clinic debacle almost everyday since it went public.  Today LVRJ reports that insurance companies are no longer covering gastroentologists which is soon to result in a medical "crisis."  Sound familiar?  Does the "medical crisis" the insurance company financed in the media in 2003 being due to "frivolous lawsuits" and "outrageous jury verdicts" sound familiar? Well Cigna, Anthem Blue Cross Blue Shield, Sierra Health Services

Stay tuned to the Endocsopy crisis.  Eventually lawyers who are responding to the public damage unaccountable physicans wreaked on their patients will be blamed for an eventual "crisis" of physician availability.  But who today would deny the fact that thousands of people are suffering and possibly dying due to physician negligence?  The cause of the crisis will be insurance companies guarding the profits of their CEOs by distancing themselves from known risks and losses.  They will charge exhorbitant insurance malpractice rates to good physicians due to the egregious acts of the few physicians that are guilty as sin.

Lets wait and see if I am right.

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Nationwide Affiliate Teleconference

Thank you to everyone who participated in the March 18, 2008 teleconference. Susan Connors highlighted BIAA's goals and accomplishments for 2007, and reviewed the priorities for 2008. Affiliates shared new information, resources and program ideas. Minutes from the teleconference are available at: http://www.brain-injury.org/affiliation.htm. Upcoming nationwide teleconferences will be announced in the Flash.

BIAA Accomplishments for 2007 now available

BIAA 2007 goals and accomplishments are available at http://: http://www.brain-injury.org/affiliation.htm
To receive printed brochures of the accomplishments please send an email to cfeller@biausa.org.

Current BIAA Sign -on Letters

BIAA sign on letters are posted to the STAR site at http://www.brain-injury.org/advocacy.htm on weekly basis. Please remember to check the site for weekly updates.

Newman's Own Award

The purpose of the Newman's Own Awards is to recognize and reward volunteer and/or non-profit organizations that improve the quality of life for active duty, Reserve, and Guard military families. Eligible programs can support veterans as part of the proposed benefit, but the focus must be on active duty, Reserve, and Guard.

Sponsored by three organizations (Fisher House Foundation, Newman's Own, and Military Times Media Group), a total of $75,000 is available for innovative plans to improve the quality of life for military families, up to a maximum of $15,000 each.
The proposal must be postmarked faxed or email by May 2, 2008. For more information, contact the Fisher House Foundation:

Telephone: 1-888-294-8560
Email: info@fisherhouse.org
Website: http://www.fisherhouse.org/programs/newmans.shtml

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This is a reminder of the upcoming Las Vegas seminar put on by the BIAA I am presenting at.  For more information click here http://conferences@biausa.org.

The Brain Injury Association of America invites you to its 2008 National Legal Conference. BIAA's Brain Injury Litigation Strategies 2008 will help you discover the winning strategies of the nation's most experienced brain injury plantiff's and defense attorneys while learning the science of brain injury from leading medical experts.

Space is limited - don't miss out on the Brain Injury Litigation Strategies 2008...REGISTER TODAY!
PROGRAM

THURSDAY, APRIL 3, 2008

Opening Remarks 8:30am - 9:00am
Gregory J. O'Shanick, MD
Susan H. Connors

Plenary Session 9:00am - 10:00am
Mild Traumatic Brain Injury Panel
Robert P. Granacher, Jr, MD, MBA
Gregory J. O'Shanick, MD

Plenary Session 10:15am - 11:15am
Advances in Functional Neuroimaging
Joseph C. Wu, MD
Timothy R. Titolo, Esq.

Plaintiff's Breakout 11:15am - 12:30pm
Effective Use of Demonstrative Evidence
Thomas W. Malone, Esq.
Robert Shepherd

Defense Breakout 11:15am - 12:30pm
Developing a Theme for the Defense
E. Dale Adkins, III, Esq.
Plenary Session 1:45pm - 3:15pm
Anatomy of the Case: Introduction to the Case
Randall H. Scarlett, Esq.
Dwight D. Murray, Esq.

Plenary Session 3:30pm - 4:45pm
Focus Group/Mock Trial Panel
Matt Milano, PhD
John M. Fitzpatrick, Esq.
E. Dale Adkins, III, Esq.
Philip C. Jacobson, Esq.
Jeffrey Breit, Esq.

Plenary Session 4:45pm - 5:45pm
Mock Cross & Direct Examination of a Medical Expert
Randall H. Scarlett, Esq.
Robert Granacher, Jr, MD, MBA
Dwight D. Murray, Esq.

FRIDAY, APRIL 4, 2008

Plaintiff's Breakout 8:00am - 8:30am
Turning Defense Tactics to the Plaintiff's Advantage
Stephen M. Smith, Esq.
Michael V. Kaplen, Esq.

Defense Breakout 8:00am - 8:30am
Impact of Bell Atlantic vs. Twombly on Defense of a Traumatic Brain Injury Case
Dwight D. Murray, Esq.

Neuropsychological Testing: How it Benefits the Defense
Robert Granacher, Jr, MD, MBA
Plenary Session 8:30am - 9:30am
Understanding Brain Anatomy
David A. Hovda, PhD

Plaintiff's' Breakout 9:30am - 10:30am
Using Law to Win!
David A. Ball, PhD

Defense Breakout 9:30am - 10:30am
Defending a Mild Traumatic Brain Injury Case
David T. Patterson, Esq.
Plenary Session 10:45am - 11:30am
Effective Advocacy in Mediation
Hon. Robert L. Harris, ret.
Charles G. Monnett, III, Esq.
Philip C. Jacobson, Esq.
Plaintiff's Breakout 2:00pm - 3:00pm
Cross Examination of Defense Experts
Dorothy C. Sims, Esq.
David A. Ball, PhD, Esq.
Defense Breakout 2:00pm - 3:00pm
Trial Strategies
John M. Fitzpatrick, Esq.
Plaintiff's Breakout 3:00pm - 4:00pm
Developing the Right Mix of Witnesses
Dianne J. Weaver, Esq.

Defense Breakout 3:00pm - 4:00pm
How to Handle the Sympathy Factor
Nicholas McConnell, Esq.

Plenary Session 4:15pm - 5:00pm
A Survivor's Perspective
Becky Bro, M.Ed., CRC

Register Now

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This is a reminder of the upcoming Las Vegas Conference I am presenting at.  For more information please click: http://www.nbi-sems.com/seminfo/nbi-moreinfoEmailTrack.asp

Prosecuting and Defending Catastrophic Injury Cases

March 27, 2008 - Las Vegas, NV

Who Should Attend:

This intermediate-to-advanced program will provide an in-depth look at catastrophic injury cases for:

Attorneys
Risk Managers
Casualty Adjusters
Other Insurance Representatives

Program Highlights:

Las Vegas, NV
March 27, 2008
Learn More or Register Now
9:00 a.m. - 4:30 p.m.
(Check-in: 8:30-9:00 a.m. )
Faculty:
John Mitchell Cobeaga
Robert E. Murdock
Timothy R. Titolo

Location:
Gold Coast
4000 W Flamingo Rd
Las Vegas , NV
702-367-7111
More Info

Master the Critical Elements of the Catastrophic Injury Case

While no two catastrophic injury cases are the same, they all involve careful analysis of the fragile human condition and a delicate balancing act between proving severe injuries and shortened life expectancy. Take an in-depth look at damages, experts, case themes and trial procedure as accomplished faculty share their time-tested strategies and firsthand experience winning catastrophic injury cases. This seminar also includes an exclusive opportunity to learn the methodology of calculating damages from a seasoned forensic economist. Register today!

Stay in the loop on recent rulings and reinterpretations of personal injury law.
Understand the innate liability and evidentiary issues of catastrophic injury cases and how to use them to your advantage.

Get inside the head of a seasoned forensic economist to better understand how damages are calculated and what general damages can typically be overlooked.
Learn the importance of timely preparation, necessary discovery and work-up inherent in the CI case.

Incorporate five tried-and-true tactics into your repertoire to uncover the full extent of damages.
Uncover the secrets to selecting a persuasive forensic economist, vocational rehabilitation specialist and other CI experts.

Be prepared to meet any argument head on with advanced trial techniques in your back pocket.
Avoid the pitfalls of evidence admission that are sure to sink your case.

Learn how to sway the jury with effective storytelling, demonstrative evidence and well-written instructions.

Discover the critical factors in determining which cases to settle and which to try.

Continuing Education Credits:
Continuing Legal Education This course has been approved for 6.0 CLE credits by the Nevada Board of Continuing Legal Education, which includes 1.0 hour of ethical considerations.
Self-study credit is available.

Insurance This program has been submitted to the Department of Business and Industry, Division of Insurance. The submission of the application does not guarantee that the course will be approved.

Credit related questions? Contact our credit specialists: (866)240-1890 - credit@nbi-sems.com

Mail Fax Phone Online

NBI, Inc. - PO Box 3067 Eau Claire, WI 54702 1.715.835.1405 1.800.930.6182 www.nbi-sems.com

Walk-in Registrations? Space permitting, we are happy to accommodate! If you plan to register at the door, feel free to call ahead so we can confirm availability.

Can't Attend? Order Materials. We recognize that a key program benefit is the opportunity to network with faculty and program participants, but you don't need to miss out on content! Materials ship about two weeks following the program, but you can reserve your audio recording and reference manual today! Browse our extensive collection of related education products by visiting our online bookstore.

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This just in from Laura with the BIAA.

Recently, the National Institute on Disability and Rehabilitation Research (NIDRR) appears to be deemphasizing medical rehab research, including valuable research related to TBI. BIAA is working as part of a coalition of advocacy groups to send NIDRR a message that resources for medical rehabilitation research (referred to by NIDRR as "health and function" research) needs to be increased, not decreased. We need your help!

In the past six months, NIDRR has eliminated funding for four Rehabilitation Research and Training Centers (RTCs) focused on medical rehabilitation research, including centers focused on neuromuscular research, arthritis, TBI community reintegration, and spinal cord injury. Four additional medical rehab RTCs (stroke, MS, aging with a disability, and psychiatric aspects of disability) have been delayed and NIDRR intends to announce these grants with a greater focus on employment and vocational rehab.

As an advocate for increased TBI services and research, you are encouraged to join NIDRR's national meeting/conference call on NIDRR's long range plan scheduled for Wednesday, March 19th, from 1:00 to 5:00 p.m. and express your views. The toll-free conference call number is (800) 762-6085. An operator will ask if you would like to submit input or just listen to the event. The operator will track the order of the people who want to provide input.

(Note: There are other ways to submit comments as well by the end of March if you cannot make the call. Please contact Laura Schiebelhut, BIAA's Director of Government Affairs, at lschiebelhut@biausa.org, if you have questions.)

We suggest making some or all of the following points:

1. NIDRR has served as the nation’s lead federal agency on rehabilitation and disability research - including valuable research on TBI - and as such has maintained a broad portfolio of research as reflected in its current Long-Range Plan. This research portfolio includes three broad domains designed to enhance the quality of life of persons with disabilities in the areas of employment, community living, and health and function, including medical rehabilitation research.

2. This approach is to be commended as it recognizes the critical interplay between medical rehabilitation research, health and functioning, and the ability to return to school or work where appropriate.

3. A shift in focus at NIDRR away from health and function research is unwise and seriously erodes our nation's ability to solve the important questions that confront people with disabilities in seeking to return to functional and fulfilling lives after the onset of a disabling condition.

4. NIDRR should continue and re-emphasize the importance in its funding priorities of health and function research, including medical rehab research.
Please see the press release below for further information. Thank you.
# # #

FOR IMMEDIATE RELEASE
March 4, 2008
NATIONAL VIDEOCONFERENCE AND WEBCAST TO SOLICIT INPUT ON THE NATIONAL INSTITUTE ON DISABILITY AND REHABILITATION RESEARCH 2010-2014 LONG-RANGE PLAN
The National Institute on Disability and Rehabilitation Research (NIDRR) today announced a national videoconference to solicit remarks regarding NIDRR’s long-range plan for fiscal years 2010-2014. The purpose of the videoconference is to obtain ideas from the public on the content and direction of the new NIDRR long-range plan.
NIDRR, a component of the Office of Special Education and Rehabilitative Services at the US Department of Education, is the major federal agency sponsoring disability research.
Videoconference: The videoconference will take place:
March 19, 2008
1 p.m. to 5 p.m. EST
There are several ways to participate:
• Attend in person at one of the eight sites across the country;
• Access the meeting via webcast; or
• Participate in a toll-free teleconference.
To learn more about locations and methods of participation and how to RSVP, please visit www.neweditions.net/nidrrlrp.
Other Input Opportunities: If you are unable to participate in the videoconference, webcast or teleconference, there are several alternate ways to submit comments through March 31, 2008.
Comments may be submitted via email, using the following address: NIDRR-Maibox@ed.gov
or through the Web, using the following address: www.neweditions.net/nidrrlrp
or by mail:
Donna Nangle
U.S. Department of Education
400 Maryland Avenue, SW
Room 6029
Washington, DC 20202-2700

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Green Valley Ranch Resort is currently sold out for the Brain Injury Litigation Strategies 2008 conference dates. The hotels below are suggested as alternatives. 

Sunset Station

A sister property to Green Valley Ranch Resort, located approximately 12 miles away.

1301 W. Sunset Rd | Henderson, NV 89014

(888) 786-7389

Current Room Rates (note these are not guaranteed rates)

Thursday 4/3/08: $69.00

Friday, 4/4/08: $109.00

Saturday, 4/5/08 $109.00

Mandalay Bay

There is a scheduled and capacity limited shuttle between Green Valley Ranch Resort and Mandalay Bay.

3950 Las Vegas Blvd. South | Las Vegas, NV 89119

(877) 632-7800

Current Room Rates (note these are not guaranteed rates)

Thursday 4/3/08: $119.00 - $139.00

Friday, 4/4/08: $199.00 - $219.00

Saturday, 4/5/08 $219.00 – 239.00

Homewood Suites by Hilton® Henderson South Las Vegas
10450 South Eastern Avenue
Henderson,  Nevada 89052
1-702-450-1045

Current Room Rates (note these are not guaranteed rates)

Thursday 4/3/08: $189.00-$199.00

Friday, 4/4/08: $189.00-$199.00

Saturday, 4/5/08 $189.00-$199.00

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This week was an another extremely eventful one on Capitol Hill, including passage of legislation to reauthorize the TBI Act by the full House Energy and Commerce Committee!
On Tuesday, the House Energy and Commerce Committee's Subcommittee on Health approved the Traumatic Brain Injury Act of 2008 (H.R. 1418) and forwarded it on for consideration by the full Committee.

Yesterday afternoon, the full Energy and Commerce Committee passed the bill, and the legislation is expected to be brought up on suspension for consideration on the House floor when Congress reconvenes after a two-week recess set to begin on Monday, March 17.

Also this week, the Brain Injury Association of America (BIAA) joined the Congressional Brain Injury Task Force, and a variety of other advocacy groups, in successfully conducting Brain Injury Awareness Day on Capitol Hill. The day’s events drew the participation of several Members of Congress and their staff.

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Earlier this evening, the House Energy and Commerce Subcommittee on Health approved the Traumatic Brain Injury Act of 2008 and forwarded it on for consideration by the full Committee. The bill which was passed by the Subcommittee tonight was a slightly amended version of H.R. 1418.
The bill is now ready to be taken up by the full House Energy and Commerce Committee. This is a very positive development towards the goal of getting the TBI Act reauthorized before the end of this year, and a very exciting development for Brain Injury Awareness Month!

The Brain Injury Association of America is a strong lobby in Washington, DC for the rights of the Brain Injured.  The BIAAs efforts are to applauded and supported.

The BIAA is sponsoring an educational conference in Las Vegas next month.  To learn more click here.

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A Judge in Ontario ruled that motorcycle helmet laws trump religious freedom.  Mr. Badesha, a practicing Sikh, and the human rights commission maintain the helmet law discriminates against Sikhs because their religion obliges them to cover their long hair with nothing more than a turban.

Part of the lawsuit involved testing whether the Turbans maintain themselves at high rates of speed.  The court was told earlier that Mr. Badesha raced a motorcycle around an Ontario speedway to test whether turbans unravel at high speeds.

The bizarre image of Mr. Badesha's experiment last year -- conducted under the auspices of the Ontario Human Rights Commission -- was evoked during his constitutional challenge to a law that forces motorcycle riders to wear a helmet.

Judge Blacklock was told that, in order to disprove a Crown theory that turbans unravel at high speed and cause accidents, Mr. Badesha drove around Cayuga Speedway at 110 kilometres an hour.

His turban held fast.

Nonetheless, the Turban was trumped by the Helmet in the name of public safety.

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Please note the updated logistical information (below) for Brain Injury Awareness Day on Capitol Hill, taking place this Wednesday, March 12, 2008 in Washington, D.C.

In addition, please click on the "Take Action" tab in the upper right hand corner of this email to call your representatives in Congress and urge them to attend at least one of the day's events!

Congressional Brain Injury Awareness Day
Wednesday, March 12, 2008
Capitol Hill – Washington, D.C.

To celebrate March as Brain Injury Awareness Month, the Congressional Brain Injury Task Force is hosting a "2008 Brain Injury Awareness Day," on Wednesday, March 12, 2008, on Capitol Hill.
SCHEDULE OF EVENTS:

Brain Injury Awareness Fair
10:00 a.m. – 2:00 p.m.

First Floor Foyer of the Rayburn House Office Building

Advocacy Training Session
11:00 a.m. – 12:00 p.m. 1116 Longworth House Office Building

Congressional Briefing on “Traumatic Brain Injury and Community Needs”
3:00 p.m. – 4:00 p.m.
H-137 United States Capitol Building

Congressional Reception Celebrating Brain Injury Awareness Day
5:00 p.m. – 7:00 p.m.
1100 Longworth House Office Building

 

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 An Indiana man serving a prison sentence for causing brain damage to his infant daughter more than five years ago could face new charges following her death.

Prosecutors are awaiting autopsy reports on the cause of death for 5-year-old Sabrina Herron, whose mother found her unresponsive in bed on Friday. She was pronounced dead a short time later at Columbus Regional Hospital.

Her father, Matthew Herron, is serving a 20-year prison sentence he received after pleading guilty in 2006 to a felony charge of battery. He was charged with shaking Sabrina in 2002 when she was 3 months old, causing permanent brain damage.

To Read the entire story go to http://www.theindychannel.com/news/15470494/detail.html?rss=ind&psp=news

 

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Laura Schiebelhut [grassroots@biausa.org] asked me to post this update for all those interested in keeping up on the latest congressional activity.

Brain Injury Awareness Month Fair On Capitol Hill
More Info
The Congressional Brain Injury Task Force is hosting a "2008 Brain Injury Awareness Day," on Capitol Hill, March 12, 2008.

To celebrate March as Brain Injury Awareness Month, the Congressional Brain Injury Task Force is hosting a "2008 Brain Injury Awareness Day," on Wednesday, March 12, 2008, on Capitol Hill.

Multiple events are planned, which are designed to educate Members of Congress and their staff about brain injury. These events include an Awareness Day Fair, which will feature exhibits and informational materials from individuals and organizations working in the field of brain injury. The day will also include a Congressional Briefing focused on the topic of "Traumatic Brain Injury and Community Needs." The end of the day will feature an early-evening Congressional Reception sponsored by various national advocacy organizations, including the National Brain Injury Treatment and Training Foundation (NBIRTT), the Brain Injury Association of America (BIAA), the National Disability Rights Network (NDRN) and the National Association of State Head Injury Administrators (NASHIA).

 BIAA invites all advocates to attend "2008 Brain Injury Awareness Day" events, and help educate Members of Congress and their staff. The Day also represents an important opportunity to network with others interested in helping increase brain injury awareness.

2008 Brain Injury Awareness Day Schedule of Events

Brain Injury Awareness Fair
10:00 a.m. – 2:00 p.m.

First Floor Foyer of the Rayburn House Office Building
Congressional Briefing on “Traumatic Brain Injury and Community Needs”
3:00 p.m. – 4:00 p.m.

1116 Longworth House Office Building
Congressional Reception Celebrating Brain Injury Awareness Day
5:00 p.m. – 6:30 p.m.

2105 Rayburn House Office Building

Please RSVP by Monday, March 3, 2008, to Hope Mandel in Congressman Bill Pascrell's office if you wish to attend and/or exhibit materials during the Awareness Fair. You may also contact Hope at (202) 225-5751 or Becky Wolfkiel in Congressman Platts' office at (202) 225-5836 with questions or for more information. In addition, as always, you may contact Laura Schiebelhut, BIAA's Director of Government Affairs, at lschiebelhut@biausa.org, or 703-761-0750 ext. 637, for further clarification.

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Like so many areas of life in Iraq, the health care crisis is vast and complex, and there is no quick solution to improve conditions for doctors and patients.

According to figures from the Iraqi Health Ministry released earlier this year, 618 medical employees, including 132 doctors, as well as medics and other health care workers, have been killed nationwide since 2003, among the professionals from many fields caught up in Iraq's sectarian violence.

As the war continues its toll on human lives, the ripple affects of fear embrace other industries and compaound the problem.  There is a quandry, no doubt, that the anticpated benefits to a foreign nation's liberty (an American value with Christian borrowings) outweighs the current sacrafices being made.  The quandry being whether this is actually true or something American Government wants to be true.  Meanwhile, the difficulty (putting it mildly) of war's infestation.

Hundreds, possibly thousands, of other medical personnel are believed to have fled to Iraq's northern semiautonomous Kurdistan region and neighboring countries.

Even with the security gains of the past several months across Iraq, it is still dangerous for doctors and their families if they dare step out of heavily guarded hospital compounds.

Drugs supplies are so low that Iraqis hospitalized for illnesses as serious as cancer are asked to track down their own medicine.

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I am invited to give a legal presentation for the Brain Injury Association of Oregon and the Pacific Northwest Conference in Portland.  This is the second invitation in 2 years.

Unfortunately, I am unable to attend this year's conference as I am obligated to attend the American Association of Justice Ultimate College. 

The conference last year was very informative and I am sure this year will build on last year's success.  Please go to the Oregon Brain Injury Association web site to learn more about the event.

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The American Psychological Association has published a Statement on Third Party Evaluations in Psychological Testing and Assessment.

An often encountered problem with defense psychological exams is the misuse of testing protocols by defense financed neuropsychologists.  This is often hard to discover since the psychologists frequently complain that allowing third party's to observe testing invalidates the results.  Another argument is that the observation violates copyright.

Having this issue addressed, specifically for the litigation context, is a good thing for genuinely injured examinees who are subject to the manipulation of dishonest psychologists.  Certain psychologists manipulate the exam to obtain results that accuse the examinee of malingering or being dishonest.  Who better then the psychologist to know how to manipulate the data?

Allowing the unintrusive observation of exams by third parties will promote honest evaluations.  Perhaps now the justice that should be afforded to those who have genuine injury will start emerging without the manipulation of dishonest psychological examiners.

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Congress held numerous budget and appropriations hearings this week, as well as several hearings addressing health care provided to wounded service members and veterans.

The House Appropriations Subcommittee on Labor, Health and Human Services, and Education (Labor-HHS-Ed) held a hearing on Thursday on this year’s proposed budget for the Department of Health and Human Services, featuring HHS Secretary Michael Leavitt as a witness. At the same time, BIAA signed on this week to a coalition letter to the Subcommittee urging its Members to provide $30 million for TBI Act programs this year.

Also this week, both chambers of Congress held important hearings on efforts to improve health care for returning service members, as well as to improve the veterans’ disability benefits system. BIAA submitted questions and comments in relation to several of the hearings.

A significant victory in Medicaid policy was achieved late this week as well, as a Senate Amendment to prevent implementation of the Administration’s proposed regulation restricting reimbursement for Medicaid Targeted Case Management (TCM) was successfully added to an Indian health bill. The Amendment would establish a Moratorium on implementation of the TCM interim rule until April 1, 2009.

Please note that Congress will be not be in session next week, as both chambers observe a week-long Presidents’ Day Recess.

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I am attending the final rung of the ladder I have been climbing for the past few years.  I am attempting to become a Diplomate with the American Association of Justice and complete the Advanced Studies in Trial Advocacy course before my 46th birthday.  (next month!)

The effort has numerous requirements and this is one.

I will be in Washington DC at the George Washington University Law School from March 1 to the 6th participating in the Ultimate Trial Advocacy College: Art of Persuasion.

 

About The Program

Designed for experienced trial lawyers who want to improve their communication skills, the Ultimate is a unique experience—with an emphasis on developing lawyers’ personal communication and persuasiveness in dealing with juries. You’ll be questioned, challenged, and scrutinized by trial-toughened lawyers, trial consultants, and communications experts. This course will teach you how to form relationships with the jury, use demonstrative evidence effectively, and counter negative juror perceptions. Put classroom theory into practice in small workshops and gain confidence as your powers of persuasion increase.

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I am presenting at the NBI sponsored conference entitled Prosecuting and Defending Catastrophic Injury Cases in Las Vegas, Nevada on March 27, 2008.

To read more about the other presenters and the conference content please go to Catastrophic Injury Cases website by clicking here.

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Laura Schiebelhut, BIAA Public Affairs Manager asked me to distribute this update:

President Bush signed the National Defense Authorization Act for Fiscal Year 2008 (H.R. 4986), containing important wounded warrior provisions related to TBI care which BIAA actively lobbied for last year, into law on Monday.

At the same time, negotiations continued over the development of an economic stimulus package, as the House passed its version of the bill, which represents a compromise with the Bush Administration. This House version does not include increases in federal Medicaid payments to states, which BIAA strongly supports. BIAA will continue advocating for the inclusion of provisions to raise Medicaid reimbursement rates to states as Senate negotiations on the package go forward next week.

Looking ahead, President Bush’s Proposed Budget for Fiscal Year 2009 will be delivered to Congress on Monday, February 4. Unfortunately, early reports are that funding for government health programs will be dramatically decreased by more than $2 billion.

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I continue to follow the efforts made in diagnosing and treating brain injuries of war veterans.  The NY TImes reported a new study published in the New England Journal of Medicine.

About one in six combat troops returning from Iraq have suffered at least one concussion in the war, injuries that, while temporary, could heighten their risk of developing post-traumatic stress disorder, researchers are reporting.

The study, in The New England Journal of Medicine, is the military’s first large-scale effort to gauge the effect of mild head injuries — concussions, many of them from roadside blasts — that some experts worry may be causing a host of undiagnosed neurological deficiencies.

The new report found that soldiers who had concussions were more likely than those with other injuries to report a variety of physical and mental symptoms in their first months back home, including headaches, poor sleep and balance problems. But they were also at higher risk for the stress disorder, or PTSD, and that accounted for most of the difference in complaints, the researchers concluded.

Read more click here.

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Monte Carlo, owned by MGM-Mirage, is going to feel the pain of injury from the recent fire.  This is Super Bowl weekend and the pain will be felt in dollars.  Dollars the Monte Carlo will not make on sports betting, gambling and other gaming revenue.

So when the headline today in the Las Vegas Review Journal read "MONTE CARLO FIRE: Officials: Workers at fault"   the reality that a roofing company caused the fire was learned.  The Monte Carlo is closed for the Super Bowl Weekend.

I began to wonder how long it would take for the MGM-Mirage lawyers to cry like a whiny plaintiff injured by someone else's fault.  Cry out for "justice" for being damaged the amount they would have earned in revenue over the Super Bowl weekend.  To circle the wagons against the "at-fault" roofing company and their insurance company to recover their "losses."  WIll it take years?  I think not.

Then I thought of the very real case I am currently representing a very injured man in where the MGM is a defendant and  simply has no use for justice.  The case is a matter of public record and can be seen at:   http://courtgate.coca.co.clark.nv.us:8490/DistrictCourt/asp/SearchPartyResults.asp?SearchLevel=0001&LastName=hechtkopf&FirstName=&MidInit=&CaseSubType=**&PartyType=**

I think is very interesting how the chamber of commerce, big business, and the hotel industry can pay to get Judges elected/appointed to stamp out the efforts of trial lawyers, while at the same time using those lawyers to sustain justice when one of thier constituents causes the other harm.  Interesting indeed.

One only needs read Grisham's latest "The Appeal" to appreciate the reality.

 

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The Las Vegas Review Journal reports on the Canadian Wait time for medical care.  I have been following this in my blogs over the past month.  Seems that the consensus is that there is a downside to socialized medicine when it comes to getting care quickly and that certainly is a DOWNSIDE.

To read more and see how the democratic candidates weigh in click here.

American supporters of socialized medicine have learned not to call it that, anymore. Instead, they use euphemisms such as "single payer" -- as though they seek to hold some giant lottery in which a Yazoo City garage mechanic named Billy Bob Bufus would be selected to reach into his coveralls and pay everybody else's medical bills for a year.

Early on in his administration, looking for something for the first lady to do, Bill Clinton appointed his wife to head up a giant secret task force to draw up a proposed new nationalized "Health Security Act." Mrs. Clinton put together a 1,300-page doozy. Under her plan, anyone attempting to "get out of line" and pay cash for faster medical attention could have gone to jail.

That sounds far-fetched, but it's actually typical of any "one-payer" government medical monopoly. If things in limited supply are not rationed by price, they have to be rationed by bureaucrats.

Stuart Browning is a young filmmaker who has put together a series of short films warning Americans about the dangers of collectivized medicine and the benefits of free markets in health care. One of these films, "A Short Course in Brain Surgery" can be viewed for free in only a few minutes on your home computer, at www.freemarketcure.com/brainsurgery.php. It's worth the time.

The five-minute short introduces us to a retired Ontario body shop manager named Lindsay McCleith. Mr. McCleith had terrible headaches and suffered a seizure. Both he and his doctor suspected a brain tumor, and asked the Canadian National Health system to schedule the diagnostic test known as an MRI. Mr. McCleith got his appointment -- four months away.

He and his wife offered to pay cash to get faster attention. But that's not allowed in Ontario. (Sound familiar?)

He crossed the border to Buffalo, N.Y., and got his test in four days. Turned out he had a brain tumor the size of a golf ball. Armed with this evidence of the seriousness of his condition, he returned to Canada, seeking quick surgery and reimbursement for his expenses. The Canadian "single-payer" system which American leftists yearn to emulate would do neither.

His doctor estimates Mr. McCleith would have waited eight months for treatment in his home country. Here, the whole process -- diagnosis, consultation, surgery -- took one month.

Fortunately, he and his wife had enough money to cover the $28,000 cost -- though Sandra McCleith says she would have gladly mortgaged her home to pay the bills. "When your life is in danger, you're desperate," she says.

That only works if you can get to America, though. No amount of money would have bought them timely treatment in Canada. Even "asking for permission" to go to the United States takes eight months.

Today, Hillary Clinton says she's "learned her lesson" about proposing socialized medicine.

But one examines her written and spoken record in vain for any declaration that government-enforced collectivism is inherently wrong, in medicine or anywhere else. Instead, we're left to conclude the "lesson" Sen. Clinton has learned is that it's wiser to impose socialized medicine incrementally, one small step at a time, rather than be honest and spell out your intentions, handing fans of freedom as fat and juicy a target as her gigantic "Health Security Act."

Nor is there any indication that her remaining Democratic opponent, Sen. Barack Obama, has foresworn this vital plank in the socialists' century-old roadmap to serfdom, either.

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Philicia L. Deckard, Executive Director of the Brain Injury Association of Illinois, asked me to forward this note onto you blog recipients.

Please visit our website, www.biail.org for information regarding today's press conference with Governor Blagojevich, Director Tammy Duckworth of Illinois Veterans' Affairs, and Director Barry Maram of Illinois Healthcare and Family Services. They announced the new program, Illinois Warriors Assistance Program, which is the first of its kind in the nation. The Brain Injury Association of Illinois has been active in the development and implementation of this program, and were invited guests for today's press conference. Twenty -seven states have already inquired about this program and how it might be developed in their states.

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American Association of Justice Winter Convention in San Juan is conducting a specialized program on Traumatic Brain Injury.  The conference is currently underway featuring speakers Douglas Scheff, Dr. Joseph Wu, Timothy Titolo, Deborah Nelson and Bruce Stern. Ruth Bernstein moderating.

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BIAA policy corner coordinator Laura Schiebelhut asked to post this latest legislative update.

The Senate passed this week a slightly revised version of the National Defense Authorization Act for Fiscal Year 2008 (H.R. 4986), following House approval of the same bill last week. Important wounded warrior provisions related to TBI care remain unchanged in the new version, which President Bush is expected to sign into law shortly.

Also this week, negotiations ensued over an economic stimulus package, resulting in a bipartisan agreement by the week’s end. BIAA signed on to a coalition letter urging House and Senate leaders to raise Medicaid reimbursement to states.

In addition, on Tuesday, Sen. Michael B. Enzi (R-WY) unveiled, “Guidelines for Assisting Those with Accessibility Needs,” a manual designed to make congressional offices more accessible to individuals with disabilities. BIAA helped provide suggestions for the guide, which was distributed to all House and Senate offices.

Looking ahead, President Bush will deliver his State of the Union Address on Monday, January 28. This will be followed by the release of the President’s Proposed Budget for Fiscal Year 2009 on Monday, February 4.

*Distributed by Laura Schiebelhut, BIAA Public Affairs Manager, on behalf of the Brain Injury Association of America; 703-761-0750 ext. 637; lschiebelhut@biausa.org

The Policy Corner is made possible by the Adam Williams Initiative, Centre for Neuro Skills, and Lakeview Healthcare Systems, Inc. The Brain Injury Association of America gratefully acknowledges their support for legislative action.
__________________________________________________________________

Senate Passes Revised Defense Authorization Bill

On Tuesday, the Senate passed a slightly revised version of the National Defense Authorization Act for Fiscal Year 2008 (H.R. 4986), following House approval of the same bill last week. Important wounded warrior provisions related to TBI care remain unchanged in the new version, which President Bush is expected to sign into law shortly.

The revised bill contains new language altering a provision in the original bill which expanded the rights of victims to sue foreign governments designated by the State Department as state sponsors of terrorism.

The White House unexpectedly announced on December 28, 2007, that President Bush would not sign the original bill because it included a provision which could allow plaintiffs to freeze Iraq government assets in the United States while their claims against Iraq were being litigated (Iraq was listed as a state sponsor of terrorism under Saddam Hussein’s regime).

One of BIAA’s policy goals for 2008 will be to monitor the implementation of the important TBI provisions contained in this bill. (The December 14, 2007 edition of Policy Corner contains more detailed information on these TBI provisions. You can access this issue, as well as all other archived issues of Policy Corner, by visiting BIAA’s webpage at http://www.biausa.org/policycorner.htm).

Negotiations Ensue Over Economic Stimulus Package

Also this week, negotiations focused on putting together an economic stimulus package, resulting in a bipartisan agreement by the week’s end, although the Senate is expected to possibly bring up further amendments during its consideration of the package in coming weeks.

BIAA signed on to a coalition letter urging House and Senate leaders to temporarily raise Medicaid reimbursement to states in order to prevent states from being forced to make cutbacks in essential state services. Such essential Medicaid services include health care and long-term services and supports, which are often especially important to individuals with disabilities.

BIAA Helps Make Congressional Offices More Accessible

Earlier this week, Sen. Michael B. Enzi (R-WY) unveiled, “Guidelines for Assisting Those with Accessibility Needs,” a manual designed to make congressional offices more accessible to individuals with disabilities.

Through the hard work of Robert Demichelis, BIAA helped provide suggestions for the guide, which was distributed to all House and Senate offices.

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The Brain Injury Association of America invites you to its 2008 National Legal Conference. BIAA's Brain Injury Litigation Strategies 2008 features plenary sessions for all participants followed by separate breakout sessions for plaintiff's attorneys and for defense counsel and claim professionals.

Discover the winning strategies of the nation's most experienced brain injury plantiff's and defense attorneys while learning the science of brain injury from leading medical experts.

Space is limited - don't miss out on the Brain Injury Litigation Strategies 2008...REGISTER TODAY!
PROGRAM

WEDNESDAY, APRIL 2, 2008
Registration Open 4:00pm - 7:00pm
THURSDAY, APRIL 3, 2008
Registration and Continental Breakfast with Exhibitors 7:30am - 8:30am

Opening Remarks 8:30am - 9:00am
Gregory J. O'Shanick, MD
Center for Neurorehabilitation Services, VA
Susan H. Connors
Brain Injury Association of America, VA

Plenary Session 9:00am - 10:00am
Mild Traumatic Brain Injury Panel
Robert P. Granacher, Jr, MD, MBA
Lexington Forensic Institute, KY
Gregory J. O'Shanick, MD
Center for Neurorehabilitation Services, VA

Plenary Session 10:15am - 11:15am
Advances in Functional Neuroimaging
Joseph C. Wu, MD
UC Irvine, CA
Timothy R. Titolo, Esq.
Titolo Law Office, NV

Plaintiff's Breakout 11:15am - 12:30pm
Effective Use of Demonstrative Evidence
Thomas W. Malone, Esq.
Malone Law Office, GA
Robert Shepherd
MediVisuals, VA

Defense Breakout 11:15am - 12:30pm
Developing a Theme for the Defense
E. Dale Adkins, III, Esq.
Salsbury, Clements, Bekman, Marder & Adkins, MD

Plenary Session 1:45pm - 3:15pm
Anatomy of the Case: Introduction to the Case
Randall H. Scarlett, Esq.
Scarlett Law Group, CA
Dwight D. Murray, Esq.
Jordan, Coyne, and Savits, DC

Plenary Session 3:30pm - 4:45pm
Focus Group/Mock Trial Panel
Matt Milano, PhD
Jury Focus, FL
John M. Fitzpatrick, Esq.
Wheeler, Trigg & Kennedy, CO
E. Dale Adkins, III, Esq.
Salsbury, Clements, Bekman, Marder, & Adkins, MD
Philip C. Jacobson, Esq.
The Travelers Companies, Inc. MD
Jeffrey Breit, Esq.
Breit, Drescher & Imprevento, VA

Plenary Session 4:45pm - 5:45pm
Mock Cross & Direct Examination of a Medical Expert
Randall H. Scarlett, Esq.
Scarlett Law Group, CA
Robert Granacher, Jr, MD, MBA
Lexington Forensic Institute, KY
Dwight D. Murray, Esq.
Jordan, Coyne, and Savits, DC

Opening Reception with Exhibitors 5:45pm - 7:15pm
FRIDAY, APRIL 4, 2008

Registration and Continental Breakfast with Exhibitors 7:30am - 8:00am

Plaintiff's Breakout 8:00am - 8:30am
Turning Defense Tactics to the Plaintiff's Advantage
Stephen M. Smith, Esq.
Brain Injury Law Center, VA
Michael V. Kaplen, Esq.
DeCaro & Kaplen, NY

Defense Breakout 8:00am - 8:30am
Impact of Bell Atlantic vs. Twombly on Defense of a Traumatic Brain Injury Case
Dwight D. Murray, Esq.
Jordan, Coyne, and Savits, DC

Neuropsychological Testing: How it Benefits the Defense
Robert Granacher, Jr, MD, MBA
Lexington Forensic Institute, KY

Plenary Session 8:30am - 9:30am
Understanding Brain Anatomy
David A. Hovda, PhD
UCLA Brain Injury Research Center, CA

Plaintiff's' Breakout 9:30am - 10:30am
Using Law to Win!
David A. Ball, PhD
JuryWatch, NC

Defense Breakout 9:30am - 10:30am
Defending a Mild Traumatic Brain Injury Case
David T. Patterson, Esq.
Weston, Hurd, Curley, Patterson & Bush, OH

Plenary Session 10:45am - 11:30am
Effective Advocacy in Mediation
Hon. Robert L. Harris, ret.
Charles G. Monnett, III, Esq.
Charles G. Monnett, III and Associates, NC
Philip C. Jacobson, Esq.
The Travelers Companies, Inc., MD

Plaintiff's Breakout 2:00pm - 3:00pm
Cross Examination of Defense Experts
Dorothy C. Sims, Esq.
Sims, Stakenborg & Henry, FL
David A. Ball, PhD, Esq.
JuryWatch, NC
Defense Breakout 2:00pm - 3:00pm
Trial Strategies
John M. Fitzpatrick, Esq.
Wheeler, Trigg & Kennedy, CO

Plaintiff's Breakout 3:00pm - 4:00pm
Developing the Right Mix of Witnesses
Dianne J. Weaver, Esq.
Harrell & Harrell, PA, Jacksonville, FL
Defense Breakout 3:00pm - 4:00pm
How to Handle the Sympathy Factor
Nicholas McConnell, Esq.
Jackson & Campbell, DC

Plenary Session 4:15pm - 5:00pm
Closing Session
Speaker TBD

The Brain Injury Association of America invites you to its 2008 National Legal Conference. BIAA's Brain Injury Litigation Strategies 2008 features plenary sessions for all participants followed by separate breakout sessions for plaintiff's attorneys and for defense counsel and claim professionals.

Discover the winning strategies of the nation's most experienced brain injury plantiff's and defense attorneys while learning the science of brain injury from leading medical experts.

Space is limited - don't miss out on the Brain Injury Litigation Strategies 2008...REGISTER TODAY!
PROGRAM

WEDNESDAY, APRIL 2, 2008
Registration Open 4:00pm - 7:00pm
THURSDAY, APRIL 3, 2008
Registration and Continental Breakfast with Exhibitors 7:30am - 8:30am

Opening Remarks 8:30am - 9:00am
Gregory J. O'Shanick, MD
Center for Neurorehabilitation Services, VA
Susan H. Connors
Brain Injury Association of America, VA

Plenary Session 9:00am - 10:00am
Mild Traumatic Brain Injury Panel
Robert P. Granacher, Jr, MD, MBA
Lexington Forensic Institute, KY
Gregory J. O'Shanick, MD
Center for Neurorehabilitation Services, VA

Plenary Session 10:15am - 11:15am
Advances in Functional Neuroimaging
Joseph C. Wu, MD
UC Irvine, CA
Timothy R. Titolo, Esq.
Titolo Law Office, NV

Plaintiff's Breakout 11:15am - 12:30pm
Effective Use of Demonstrative Evidence
Thomas W. Malone, Esq.
Malone Law Office, GA
Robert Shepherd
MediVisuals, VA

Defense Breakout 11:15am - 12:30pm
Developing a Theme for the Defense
E. Dale Adkins, III, Esq.
Salsbury, Clements, Bekman, Marder & Adkins, MD

Plenary Session 1:45pm - 3:15pm
Anatomy of the Case: Introduction to the Case
Randall H. Scarlett, Esq.
Scarlett Law Group, CA
Dwight D. Murray, Esq.
Jordan, Coyne, and Savits, DC

Plenary Session 3:30pm - 4:45pm
Focus Group/Mock Trial Panel
Matt Milano, PhD
Jury Focus, FL
John M. Fitzpatrick, Esq.
Wheeler, Trigg & Kennedy, CO
E. Dale Adkins, III, Esq.
Salsbury, Clements, Bekman, Marder, & Adkins, MD
Philip C. Jacobson, Esq.
The Travelers Companies, Inc. MD
Jeffrey Breit, Esq.
Breit, Drescher & Imprevento, VA

Plenary Session 4:45pm - 5:45pm
Mock Cross & Direct Examination of a Medical Expert
Randall H. Scarlett, Esq.
Scarlett Law Group, CA
Robert Granacher, Jr, MD, MBA
Lexington Forensic Institute, KY
Dwight D. Murray, Esq.
Jordan, Coyne, and Savits, DC

Opening Reception with Exhibitors 5:45pm - 7:15pm
FRIDAY, APRIL 4, 2008

Registration and Continental Breakfast with Exhibitors 7:30am - 8:00am

Plaintiff's Breakout 8:00am - 8:30am
Turning Defense Tactics to the Plaintiff's Advantage
Stephen M. Smith, Esq.
Brain Injury Law Center, VA
Michael V. Kaplen, Esq.
DeCaro & Kaplen, NY

Defense Breakout 8:00am - 8:30am
Impact of Bell Atlantic vs. Twombly on Defense of a Traumatic Brain Injury Case
Dwight D. Murray, Esq.
Jordan, Coyne, and Savits, DC

Neuropsychological Testing: How it Benefits the Defense
Robert Granacher, Jr, MD, MBA
Lexington Forensic Institute, KY

Plenary Session 8:30am - 9:30am
Understanding Brain Anatomy
David A. Hovda, PhD
UCLA Brain Injury Research Center, CA

Plaintiff's' Breakout 9:30am - 10:30am
Using Law to Win!
David A. Ball, PhD
JuryWatch, NC

Defense Breakout 9:30am - 10:30am
Defending a Mild Traumatic Brain Injury Case
David T. Patterson, Esq.
Weston, Hurd, Curley, Patterson & Bush, OH

Plenary Session 10:45am - 11:30am
Effective Advocacy in Mediation
Hon. Robert L. Harris, ret.
Charles G. Monnett, III, Esq.
Charles G. Monnett, III and Associates, NC
Philip C. Jacobson, Esq.
The Travelers Companies, Inc., MD

Plaintiff's Breakout 2:00pm - 3:00pm
Cross Examination of Defense Experts
Dorothy C. Sims, Esq.
Sims, Stakenborg & Henry, FL
David A. Ball, PhD, Esq.
JuryWatch, NC
Defense Breakout 2:00pm - 3:00pm
Trial Strategies
John M. Fitzpatrick, Esq.
Wheeler, Trigg & Kennedy, CO

Plaintiff's Breakout 3:00pm - 4:00pm
Developing the Right Mix of Witnesses
Dianne J. Weaver, Esq.
Harrell & Harrell, PA, Jacksonville, FL
Defense Breakout 3:00pm - 4:00pm
How to Handle the Sympathy Factor
Nicholas McConnell, Esq.
Jackson & Campbell, DC

Plenary Session 4:15pm -