Brain and Spine Injury Law Blog : Brain and Spine Injury Lawyer & Attorney : Tim Titolo Law Office : Personal Injury & Wrongful Death : Car, Truck, and Motorcycle Accident: Las Vegas, Nevada

BIAA Unveils 2010 Legislative Fact Sheets

On March 3, 2010, BIAA made available its 2010 legislative fact sheets. The fact sheets outline the agenda for this year including, access to care for both civilian and military populations, TBI Act and research funding, TBI Act reauthorization, caregiver assistance, and support for the Congressional Brain Injury Task Force is now available on our home page!

Brain Injury Awareness Day 2010

Don’t forget that this year’s Brain Injury Awareness Day on Capitol Hill is set to take place on March, 17, 2010. 

Below is the schedule of events for the day:

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

2:30 PM – 4:00 PM - Briefing: “From the Playground to the Pros: A Heads-Up on

Concussion”, Capitol Visitors Center – Congressional Meeting Room South

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

Hope to see you there!

Health Care Reform Update

House leaders this week prepared a schedule to bring health care reform to a vote before Congress adjourns for its two-week spring recess, which begins on March 26, 2010. BIAA continues to advocate for provisions important to the brain injury community and will alert grassroots advocates if action is necessary.

• Email This
• Print
• Comments
• Trackbacks

The Brain Injury Assocation of America posted this Health Care Reform Update.  Yesterday, President Obama and members of Congress and the Senate, Republican and Democrat, met to hash out a Health Care Reform Bill.  American Association of Justice President, Anthony Tarricone, appeared on Anderson Cooper 360: http://www.vimeo.com/9761801

Health Care Reform Update

On February 22, 2010, in the wake of the legislative hold put on Congress after the recent Massachusetts election, the White House released an 11-page health care overhaul proposal that would extend coverage to more than 31 million people, at a 10-year cost of $950 billion. The White House says that the cost would be offset by spending reductions and tax increases, resulting in $100 billion of deficit reduction. CQ

Also this week, a bipartisan summit convened to discuss the administration’s health care plan. The White House facilitated the six-hour summit to focus on controlling costs, overhauling insurance regulations, reducing the deficit and expanding health coverage. 

The group of 40 representatives and senators agreed on a new set of baseline insurance regulations but were still at odds about things like the cost of insurance premiums, patient choice issues, and deficit calculations. 

BIAA is monitoring the situation closely and will continue to advocate for a health care reform plan that will provide people with brain injury access to the full continuum of care that they need and deserve.

 

Brain Injury Awareness Month

As most of you already know, March is brain injury awareness month! BIAA will be unveiling its 2010 legislative agenda on Tuesday, March 2, 2010. Fact sheets outlining the agenda for this year including, access to care for both civilian and military populations, TBI Act and research funding, TBI Act reauthorization, caregiver assistance, and support for the Congressional Brain Injury Task Force will be available on our website starting Tuesday!

 

• Email This
• Print
• Comments
• Trackbacks

Truck driving safety is provided in the Federal Motor Carrier Safety Regulations published by the Federal Motor Carrier Safety Administration.  There are specific limitations on the number of hours a driver can be on duty.  Violation to these limits is unsafe and can create liability for a trucking company and its driver.  Fatigued drivers make highways and roads dangerous places for all of us.

A college student in Florida alleged that the tractor-trailer driver violated federal motor carrier safety rules by failing to take the required off-duty time after working a 24-hour shift as a county firefighter. Lymon v. Bohn No. 53-2007-CA-7728 (Fla., Polk Co. Cir. Mar. 20, 2009).

Kendra Lymon, 19, was driving through an intersection on a green light when Robert Bohn, driving a tractor-trailer truck, made a left turn into the intersection even though his view was obscured by another truck in the opposite turn lane. Bohn’s tractor-trailer T-boned Lymon’s car on the driver’s side, crushing the vehicle and sending it spinning off the highway.

Her injuries included brain damage that resulted in a motor speech disorder, difficulty swallowing, mild left hemiparesis, bowel and bladder incontinence, cognitive defects, and seizures. She also sustained a fractured left scapula.

Lymon’s mother, Vanessa, on her behalf, sued Bohn and his employer, Bynum Transport, Inc. Vanessa Lymon alleged that the trucking company had provided no ongoing safety training or defensive driver program for its drivers and that it failed to enforce federal motor carrier safety rules about driving hours and rest periods.

The plaintiff alleged that Bohn began his shift without taking the mandatory 10 hours of off-duty time after working a 24-hour shift as a battalion chief for the county fire services, a violation of federal rules. Furthermore, the plaintiff claimed, he violated basic traffic safety rules by turning without waiting for a clear view.

The jury awarded the plaintiff $65 million. The defendants have appealed.
 

• Email This
• Print
• Comments
• Trackbacks

 

• Email This
• Print
• Comments
• Trackbacks

 

A number of years ago I was involved in representing plaintiffs against Las Vegas Paving in a lawsuit alleging the truck driver's loads were routinely in excess of limits.  During one such run, the trucker crashed into my client near a highschool.

Similarly, in Bryant v. APAC-Tennessee, No. CV2006-0261CD  (Miss., DeSoto Co. Cir. Nov. 18, 2009) a teen and his parents sued the paving company that hired the truck’s driver, alleging the company failed to monitor his loads and supervise his conduct. The plaintiffs offered evidence that the driver had made multiple trips on the company’s behalf, each with hauls that exceeded the state’s maximum weight limit.

Ethan Bryant, 16, was driving his pickup truck on a highway. When he entered a controlled intersection on a green light, a loaded gravel truck driven by Chad McCarty struck the driver’s side of the pickup at about 50 mph.

Bryant suffered severe brain injuries, and a 16-year-old passenger in his vehicle was killed. Bryant was comatose for eight months and developed a disorder that limits oxygen to his brain. He now suffers from quadriplegia and periodic seizures and will require 24-hour care for life.
 

 Local trucking companies all too frequently break the rules of the road.  They ignore safety protocol and all too often injure users of public roads.

Factors may effect which rules must be met.  For instance, Interstate Trucking, driving between states, and intrastate Trucking, driving within one state, are subject to different regualtions.  Although many rules bring about some responsibility for truck companies and their drivers, it is important to know the difference.  Likewise, the weight of trucks and loads may apply to different regulations and it is important to know the difference.

I have been working more closely with organizations advocating safety for public roads. 

• Email This
• Print
• Comments
• Trackbacks

The Las Vegas Review Journal announced Station Casino (Fertitta family business) affiliate has been sued by partner GCR Gaming (Greenspun Family business).  Both families have lawyered up.

The lawsuit alleges "wrongdoing" and of flagrant and continuous breach of "contractual and fiduciary duties" in their joint-venture partnership of the Green Valley Ranch Resort.

The filing alleges Station Casinos executives breached those duties, in part, by directing high-stakes gamblers at Green Valley Ranch to other casinos that were owned solely by Station Casinos.

This comes after Station Casino's filed for bankruptcy as a partner of operations at Green Valley Ranch Resort.  Whenever a bankruptcy is filed or pending, any claims by creditors, including lawsuits against the bankrupt entity or person are stayed.  In other words, no lawsuits are allowed while bankruptcy is pending in most circumstances.  While protecting the bankrupt corporation, this leads to denied or delayed justice for those injured by the property management's negligence.

Station's parent company filed for Chapter 11 bankruptcy protection in 2009.  Chapter 11, unlike Chapter 7, is a reorganization or debt payments.  Station has been attempting to provide the Bankruptcy court with a plan to repay its debts but needs cooperation from creditors.

The long and short of it is that GVR Gaming's lawsuit will require lifting the stay by the Bankruptcy Judge to proceed.  A motion was filed yesterday.

My office currently has 1 lawsuit pending where Station Casino is  a defendant.  That matter is not subject to Station's parent company Chapter 11 bankruptcy.  However, last year, before the Station Casino filed bankruptcy as to its Green Valley Ranch Resort, another matter was resolved in my office.  Fortunate for my clients, they will not be denied or delayed justice because of the recent bankruptcy filing.

Ironically, President Obama is in Las Vegas today to address the public at Green Valley highschool.  Worthy of note is whether Las Vegas Mayor, Oscar Goodman, will welcome President Obama in light of the President's recent comment “You don’t blow a bunch of cash in Vegas when you’re trying to save for college.” The comment also drew the ire of Democratic Senator Harry Reid.  “Lay off Las Vegas,” Sen. Harry Reid said in a statement issued shortly after the remarks spread through the internet.  He later went on to support President Obama.

• Email This
• Print
• Comments (2)
• Trackbacks

Have religious leaders and prophets, been able to tap into something science has not?  A recent grant will finance a study on the science of free will.  Are we predestined to live the blueprint of life already created for each of us?  Do we control our own destiny?  Or is it something beyond our comprehension?  Is our free will and control of destiny something foreordained toward a result that we will inevitably reach?

Since the beginning of time, philosophers, scientists and theologians have sought to find out whether human beings have free will or whether other forces are at work to control our actions, decisions and choices.

Now, Florida State University philosopher Alfred Mele has been awarded a $4.4 million grant from the John Templeton Foundation to get to the bottom of this question for the ages. Mele, the William H. and Lucyle Werkmeister Professor of Philosophy, will oversee a four-year project to improve understanding of free will in philosophy, religion and science. 

The primary purpose of the project is to improve understanding of free will in three spheres: science (especially neuroscience and social psychology); philosophy; and theology.  The project's website can be accessed here.

I previously posted in this blog about the new revelations of free will.  In fact, in 2008, Professor John-Dylan Haynes and colleagues at the Max Planck Institute in Germany reported findings of an extraordinary experiment which seems to show that 'free will' -- the most cherished tenet of humanity, which decrees that Man has total control of his own actions -- may, in fact, be little more than an illusion.

I read the book entitled Neurophilosophy of Free Will by Henrik Walter and Cynthia Klohr.  This among my many other self-study texts in theology, science and psychology posits questions including:  Do we control our own future or are the choices we end up making set in place in advance?

Neuroscientists routinely investigate such classical philosophical topics as consciousness, thought, language, meaning, aesthetics, and death. According to Henrik Walter, philosophers should in turn embrace the wealth of research findings and ideas provided by neuroscience. In this book Walter applies the methodology of neurophilosophy to one of philosophy's central challenges, the notion of free will. Neurophilosophical conclusions are based on, and consistent with, scientific knowledge about the brain and its functioning. Walter's answer to whether there is free will is, It depends. The basic questions concerning free will are (1) whether we are able to choose other than we actually do, (2) whether our choices are made intelligibly, and (3) whether we are really the originators of our choices. According to Walter, freedom of will is an illusion if we mean by it that under identical conditions we would be able to do or decide otherwise, while simultaneously acting only for reasons and being the true originators of our actions. In place of this scientifically untenable strong version of free will, Walter offers what he calls natural autonomy--self-determination unaided by supernatural powers that could exist even in an entirely determined universe. Although natural autonomy can support neither our traditional concept of guilt nor certain cherished illusions about ourselves, it does not imply the abandonment of all concepts of responsibility. For we are not mere marionettes, with no influence over our thoughts or actions. It will be interesting to see how Dr. Mele's project adds to this conversation.

 

• Email This
• Print
• Comments (6)
• Trackbacks

The American Academy of Orthopaedic Surgeons (AAOS) reports new research to benefit troops and the upcoming surge authorized by President Obama.

One of Newton's basic physical laws: For each action, there is an equal and opposite reaction. So after the surge in U.S. troops heading to Afghanistan, there will be an influx of injured veterans returning back home. But the U.S. Department of Defense has recruited its own "soldiers" in the battle against war casualties: a consortium of researchers who are improving care to wounded soldiers as well as the general public.

The fourth annual Extremity War Injuries Symposium was held in Washington, D.C., last January to bring together military and civilian orthopaedic surgeons, researchers, experts from governmental agencies, and others to discuss challenges faced by U.S. medical personnel working in Iraq and Afghanistan and to discuss ways to synergize resources and improve care for wounded warriors. A paper summarizing the findings from the symposium is published in the January 2010 issue of the Journal of the American Academy of Orthopaedic Surgeons (JAAOS).

Some of the orthopaedic researchers involved will lead a workshop about the program at the 56th annual meeting of the Orthopaedic Research Society (ORS), March 6 - 9, 2010, in New Orleans. They will also present an overview of the program during Extremity War Injuries V, a symposium that takes place Jan. 27 - 29 in Washington, D.C.

While signature war injuries include traumatic brain injury from exposure to repeat blasts, the Orthopaedic community sees its share of obvious war related injuries.  The presentation of these symposiums and conferences is good thing for our veterans.  It also lets us all know that there is not the same level of "discarding" our vets when they return home as was in previous wars.  I suppose the best solution is to end the war and hopefully we are moving in that direction.

 

.

• Email This
• Print
• Comments
• Trackbacks

All to often people who suffer from disease are unable to get care due to insurance company limitations and policies, lack of insurance or finances to cover expenses.  Sometimes folks are left with Social Security Benefit applications for their care.

In its effort to improve and expedite the disability determination process, the Social Security Administration (SSA) has announced that it will add early-onset Alzheimer's disease to its Compassionate Allowances Initiative. The initiative identifies debilitating diseases and medical conditions that meet the SSA's disability standards for Social Security Disability Income (SSDI) or Supplemental Security Income (SSI). 

Social Security is launching this expedited decision process with a total of 50 conditions.  Over time, more diseases and conditions will be added.  A list of the first 50 impairments -- 25 rare diseases and 25 cancers -- can be found at www.socialsecurity.gov/compassionateallowances.

This recent development will lead to increased care more quickly for those who could not otherwise afford it.

Since 2003, the Alzheimer's Association has been advocating on behalf of individuals with early-onset Alzheimer's as they navigate the Social Security disability determinations process and welcomes the SSA's decision. Until now, individuals with early-onset Alzheimer's disease have faced a myriad of challenges when applying for SSDI or SSI, including a long decision process, initial denials, and multiple appeals.

Today's decision will simplify and streamline the SSDI/SSI application process and decrease the wait time for benefits, which for some has lasted as long as three years. There are currently an estimated 5.3 million Americans with Alzheimer's disease. Although the majority of Alzheimer cases are individuals age 65 and older, a significant number of people under age 65 are also affected by this fatal disease and have few financial options other than the Social Security disability program. 

This good news comes at a time when politics has brought the issue of universal health care to a stand still.  It always intrigues me that certain folks think the "right" to choose a doctor, hence stumping public/social or universal health care, exists.  While, at the same time, those folks shun the idea that anyone has a "right" to not be subject to Rendition based on suspicion, or the "right" of due process.

What ever your reflection on the matter, the recent Compassionate Allowances Initiative moves us in the right direction.
 

• Email This
• Print
• Comments
• Trackbacks

I came across a new website directed at assisting with mental illness. Step Up on Second.

Step Up on Second announces the launch of its newly enhanced Web 2.0 site. Step Up on Second is a California non-profit organization providing support services for adults affected by severe and persistent mental illness, and young adults experiencing the initial symptoms of a mental illness and their families.

The interactive site provides resources for loved ones, clients, and family members in search of an organization that can provide help, hope, and a home to individuals affected by mental illness.

Step Up on Second provides help through comprehensive, integrated clinical programs for relapse prevention; hope through the embrace of community, opportunities for inclusion, advocacy, and empowerment; and permanent supportive home units for stability achieving self-determined goals.

Recently Actress Glenn Close posted on their blog.

• Email This
• Print
• Comments
• Trackbacks (1)

Most interesting news pegging the tobacco-industry.

A UCSF analysis of published studies on the relationship between Alzheimer's disease and smoking indicates that smoking cigarettes is a significant risk factor for the disease. After controlling for study design, quality of the journals, time of publication, and tobacco industry affiliation of the authors, the UCSF research team also found an association between tobacco industry affiliation and the conclusions of individual studies. Industry-affiliated studies indicated that smoking protects against the development of Alzheimer's Disease, while independent studies showed that smoking increased the risk of developing the disease.

Study findings were published online in the January issue (19:2) of the Journal of Alzheimer's Disease.  

Alcohol Use Found in Cognitive Decline

Studies of alcohol use and cognition among the elderly are rare and have mixed results. A study of drinking among the elderly in Brazil has found that heavy alcohol use is associated with more memory and cognitive problems than mild-to-moderate alcohol use, especially among women.

Results will be published in the April 2010 issue of Alcoholism: Clinical & Experimental Research .
 

 

• Email This
• Print
• Comments (1)
• Trackbacks

 The Illinois Supreme Court recently struck down limits on jury awards in medical malpractice cases passed by the Legislature four years ago amid spiking liability costs for medical providers.

The court ruled that the caps on pain and suffering and other non-economic damages — $500,000 per case for doctors and $1 million for hospitals — are unconstitutional.

 

The court’s opinion upholds a 2007 ruling by a Cook County Circuit Court judge determining that the law violated the Illinois Constitution’s “separation of powers” clause, essentially finding that lawmakers interfered with the right of juries to determine fair damages.

It’s the third time the state’s high court has quashed limits on medical malpractice awards, having tossed out similar laws in 1976 and 1997.

 

The ruling is a blow to physicians, hospitals and malpractice insurers, who successfully argued in 2005 that frivolous lawsuits and runaway jury verdicts were driving up insurance rates and forcing physicians to leave the state.

 

The court’s ruling stems from a malpractice lawsuit filed in 2006 by the family of a girl who suffered brain damage during her delivery at Gottlieb Memorial Hospital in Melrose Park. Illinois’ trial bar selected the suit as its “test case” to challenge the law.

 

Liability insurance rates for Illinois doctors generally have held steady or dipped slightly since the caps took effect in August 2005, according to survey data from Medical Liability Monitor, an Oak Park-based trade publication. That’s roughly in line with national trends.  Mike Colias reports.

 

 The Wall Street Journal (2/5, Koppel) reports that the measure was initially intended to rein in increasing medical-liability insurance costs. Tort reform advocates saw the ruling as a setback, arguing that medical-malpractice suits play a large role in increasing healthcare costs.

        Reuters (2/4) reported that Dr. James Rohack, president of the American Medical Association, said the "decision threatens to undo all that Illinois patients and physicians have gained under the cap, including greater access to health care, lower medical liability rates and increased competition among medical liability insurers." But the Chicago Tribune (2/4, Japsen, Sachdev) reported, "Consumer groups and insurance industry officials say the fact that rates have stabilized" has "more to do with insurance market cycles."

        Crain's Chicago Business (2/4, Colias) reported, "In declaring the jury-award caps unconstitutional, the court's decision also scraps several other insurance reforms included in the original law that both sides have said helped ease liability costs." One such reform is "a provision that forced" the state's largest malpractice insurer "to disclose the data it uses to set rates."

        "Lawyers and other opponents of caps say those price controls were the real reason that malpractice insurance rates have gone down, rather than the presence of caps," the St. Louis Post-Dispatch (2/5, McDermott) reports. The AP (2/4) also covered the story.

• Email This
• Print
• Comments
• Trackbacks

Since I recently posted on the topic linking high blood pressure to dementia, I came across my doctor's newsletter on Blood Pressure.  I reprint it here for those interested.

The leading cause of death and disability in the United States is from cardiovascular diseases, and the most common disease is high blood pressure.  High blood pressure, also known as
hypertension, usually does not have any symptoms – hence, the nickname “silent killer.”

Unfortunately, one-third of those who have high blood pressure do not realize it and are not aware of their risk for heart disease. Therefore, many people live years without treatment, possibly damaging their heart, blood vessels, and kidneys.

Lifestyle choices (e.g., weight control, tobacco use, proper nutrition, regular exercise) can help
prevent and/or control high blood pressure. The following are common questions and answers about blood pressure.

What is blood pressure?

It is the force of blood against the walls of arteries. Systolic pressure (the top number) is the force as the heart beats. Diastolic pressure (the bottom number) is the force as the heart relaxes.

A blood pressure reading of 120/80 mmHg is articulated as “120 over 80.”

What is the meaning of the numbers?

A systolic pressure of 120 or less is considered normal. Diastolic pressure of 80 or less is considered normal. Therefore, 120/80 or less is a normal blood pressure. The chart below shows normal blood pressure levels, as well as the levels of high blood pressure.

What are the dangers of high blood pressure?

High blood pressure places an additional strain on the circulatory system (i.e., heart and blood vessels).  This strain results in arteries becoming thicker, narrower, and weaker, sometimes causing an obstruction.  A completely obstructed artery often leads to heart attacks, strokes, kidney disease, and dementia.

Is low blood pressure a health problem?

The training effect of regular exercise, especially when working out rigorously, is a lower blood pressure. At times, an individual who does not exercise may experience regular low blood pressure. If symptoms do not accompany the low pressure, it usually is not serious. However, if
blood pressure suddenly drops, it may indicate an underlying problem causing inadequate blood flow to the heart, brain, and other vital organs. Symptoms may include dizziness or lightheadedness.

What are some tips to prevent/control high blood pressure?

Healthy living is at the heart of preventing and controlling high blood pressure. Are you:
 Maintaining a healthy weight?
 Engaging in regular physical activity (fi ve 30-minute sessions of aerobic exercise and two
30-minute strength training sessions per week)?
 Eating a low-fat, high-nutrient diet (fruits, vegetables, low-fat dairy foods, low sodium)?
 Limiting alcohol consumption?

References:
1. NIH – National Heart, Lung, Blood
Institute, www.nhlbi.nih.gov
2. American Heart Association,
www.heart.org
3. Blood Pressure Association (United
Kingdom), www.bpassoc.org.uk
Exceptional Doctors. Exceptional Care. Exceptional Results.
LivingWell
The Link Between Heart Health and Blood Pressure
February 2010
 

• Email This
• Print
• Comments
• Trackbacks

 Another study has found that hypertension may contribute to increased risk of dementia, this time with evidence of actual brain abnormalities. I previously wrote about the link between Hypertension and Alzheimer's disease.

This is especially relevant to those who are not controlling their blood pressure. Blood pressure is not something one feels is high or low. Specific medical evaluation, blood pressure test, is necessary. 

Data from an offshoot of the Women's Health Initiative found that participants' baseline blood pressure was strongly correlated with volume of lesions in their brains' white matter, according to Lewis Kuller, MD, DrPH, of the University of Pittsburgh, and colleagues.

Along with earlier studies linking blood pressure to clinical dementia, the evidence "supports tight control of blood pressure levels, especially beginning at younger and middle age as a possible and perhaps only way to prevent dementia," Kuller and colleagues concluded online in the Journal of Clinical Hypertension.

Treating hypertension in the elderly appears to protect against dementia and cognitive decline.  Uncontrolled hypertension in older patients increases the risk of cognitive impairment. Hypertensive patients had a 70% greater risk of non-amnestic mild cognitive impairment compared with nonhypertensive patients according to Christiane Reitz, M.D., Ph.D., of Columbia University in New York. (C Reitz et al. "Hypertension and the risk of mild cognitive impairment." International Society of Vascular Behavioral and Cognitive Disorders meeting, July 11-14, San Antonio. Final program and abstract book. Abstract O-6)

 

For each year an individual took medication to lower blood pressure, the risk of dementia decreased by about 3%, found Rita Peila, Ph.D., an epidemiologist at the National Institute on Aging and a scientist at the Pacific Health Research Institute in Honolulu.

My question is whether a person who controls their blood pressure and hypertension with medicine can decrease their risk of dementia to that of someone without hypertension.  I predict that other risk factors would need to be accounted for but, other things being equal, can a person with controlled high blood pressure eliminate the risk of dementia?

• Email This
• Print
• Comments
• Trackbacks

The Brain Injury Association of America reports the following legislative update.

CALL THE CAPITOL SWITCHBOARD AT 800-828-0498

Over the past week, you may have seen news reports suggesting that health care reform is in serious jeopardy. WE MUST INSIST THAT CONGRESS COMPLETE HEALTH CARE REFORM NOW!

Too many Americans with disabilities and chronic conditions are not well served by the current system and will make tremendous gains through enactment of health care reform.
Take action NOW! Starting TODAY and continuing until the final votes on legislation, call your members of Congress and tell them NOT TO GIVE UP ON AMERICANS WITH DISABILITIES AND CHRONIC CONDITIONS! TELL THEM THAT YOU WANT THEM TO CONTINUE FIGHTING FOR HEALTH CARE REFORM!!!

•Health care reform will end discrimination based on health status in the private market - discrimination that currently leaves millions of vulnerable Americans uninsured
•Health care reform will include new, affordable voluntary long term care insurance coverage—the CLASS Act—and expand Medicaid coverage for home and community based services
•Health care reform will expand Medicaid eligibility and provide subsidies in the private market, creating more affordable coverage for people with disabilities
•Health care reform will prohibit annual and lifetime limits on coverage so that individuals with serious conditions will not be forced into medical bankruptcy

CALL THE CAPITOL SWITCHBOARD AT 800-828-0498. (If you can't get through on the 800 number, call the Capitol switchboard (202-224-3121) or your member's district office.)

 Tell your Senators and Representatives that NOW is the time for Congress to complete meaningful health care reform that prevents discrimination against people with pre-existing conditions, includes the CLASS Act and expands coverage of Medicaid home and community based services.

 People with disabilities and their families cannot wait any longer for relief!
 

• Email This
• Print
• Comments
• Trackbacks

Frankly, I am not one of those bleeding heart plaintiff lawyers.  I absolutely believe in compensation for preventable injuries, too often mislabeled "accidents."  But I also believe in accountability and reasonable expectation of risk assumption when engaging in many of life's activities.  In essence I believe the pendulum swings both ways - too far one way is no good nor too far the other.

My biggest upset about the Massachusette's election of a Republican Senator to replace long time Democrat Senator Kennedy is not the "shift in power."  Rather it is the amount of time, money and energy that went into crafting health care bills in the House and Senate which, by many accounts, will all be for naught.  That is a shame.  Health Care reform could have failed, but it was never given a chance.  What has failed is the time, money and energy that was expended and wasted by one election.

Politics suck.

That said, here is the latest from the Wallstreet Journal:

 JANUARY 25, 2010, 9:19 A.M. ET

Democrats Focus on Key Elements of Health Bill

By JANET ADAMY

WASHINGTON—The White House, with its health-care initiative in doubt, on Sunday zeroed in on several elements it hoped would survive, including measures to extend the life of Medicare, lower prescription drug costs for seniors and cap consumers' out-of-pocket medical expenses.

As Democrats regroup on plans to overhaul the health-care system after a Republican win in last week's Massachusetts Senate election, comments Sunday indicated that any revamped legislation would likely focus on the least-controversial elements of earlier proposals.

White House officials notably didn't emphasize that any revised legislation should include a major expansion of health insurance. Expanding coverage to the uninsured was the key plank of the separate health bills passed by the House and Senate last year, but such efforts largely accounted for the about $1 trillion cost of the bills, and Republicans decried them as too costly.

President Barack Obama spoke with congressional leaders over the weekend to determine how to move forward on the issue. Now that the Democrats no longer have a filibuster-proof 60-vote majority in the Senate, they are likely to need Republican support to pass any new legislation, something they weren't able to win last year. Officials stressed that discussions were still going on, and Democrats are also looking at ways to salvage the current legislation.

White House adviser David Axelrod, appearing on ABC News's "This Week," said the president didn't want to abandon several elements of the current bills. These include extending the life of the Medicare insurance program for the elderly, which the bills propose to do through payment cuts to health providers, and issuing tax breaks to help small employers provide insurance. Medicare will become insolvent by 2017 without more funding or payment cuts.

Mr. Axelrod also cited assistance to help seniors pay for prescription drugs. The bills would help close a gap in Medicare Part D insurance that forces some seniors to pay thousands of dollars a year for medicine. He also said the overhaul should help people with pre-existing health conditions buy insurance and cap out-of-pocket medical costs. He didn't discuss how these measures would be paid for.

A White House aide said Sunday those were just some of the provisions, among others, that the administration hoped to include in a final package.

Republicans agree that Medicare needs to become more sustainable, but argue that the Democrats' proposed payment cuts are the wrong way to do it. Some Democrats also fear they are too deep.

While Republicans have also emphasized helping small businesses and lowering consumers' out-of-pocket costs, their approaches have been different.

Senate Minority Leader Mitch McConnell (R., Ky.) said Sunday that Republicans wanted to start over and craft a plan that did more to lower the growth of health costs.

Mr. McConnell, speaking on NBC's "Meet the Press," said the plan should change the tax code to allow individuals who buy policies without the help of an employer to get the same tax break that companies get. He said the overhaul should also reduce the number of medical malpractice lawsuits and allow insurers to sell policies across state lines.
The Democrats' bills contain no substantive changes to the malpractice system and they don't make insurance tax-free for individuals, as is the case for companies.

Malpractice is one area where Democrats could show more flexibility in any revamped legislation. Reducing unnecessary lawsuits is an area that resonates with voters, regardless of party affiliation, and Democratic leaders have already added some malpractice provisions into the current bills, though they remain largely symbolic.
Mr. Obama signaled shortly after the Massachusetts election that he might be willing to sign a scaled-down version of the House and Senate measures. In addition to the provisions Mr. Axelrod outlined, revamped legislation could include new restrictions on insurance companies, such as limits on the amount they can reap in profit and a revocation of their decades-old antitrust exemption.

Congressional Democrats are also weighing several options aimed at salvaging the current bills. One idea is to make a series of modifications to the Senate bill, aimed at addressing House Democrats' concerns. Changes likely would include minimizing a tax on high-value insurance plans and stripping out sweeteners aimed at winning Senate votes, such as a deal to fund Nebraska's Medicaid expansion, Democrats have indicated.
The Senate would need fewer votes to pass the changes—a simple majority compared with the 60 they would need to block a filibuster—and the House could pass the package of modifications with the Senate bill.

But many Democrats consider that a complicated scenario that would be difficult to pull off.
Democrats are also still considering some mechanisms to expand insurance coverage, such as by broadening the Medicaid federal-state insurance program for the poor, and by allowing young adults to stay on their parents' insurance policies until they reach their late 20s.

Write to Janet Adamy at janet.adamy@wsj.com
 

• Email This
• Print
• Comments (1)
• Trackbacks

The BIAA has posted this Health Care Update:

On December 24, 2009, the Senate advanced its version of health care reform, opening the doors for negotiation with the House to reconcile differences between the two bills.
This week, negotiators worked to arrive at an agreement in principle to meld the bills, in the hope that a product be brought to the House floor this month. (CQ)
BIAA continues to fight to preserve several provisions from the House bill that are important for people with brain injury. Specifically, BIAA is working to ensure that insurance rating based on health status or pre-existing conditions and annual or lifetime limits on medical spending are prohibited. Also, BIAA is advocating to keep important consumer protections, including internal and external appeal requirements, provider network adequacy requirements, and greater transparency by insurance companies, in the final product.
 

• Email This
• Print
• Comments
• Trackbacks

It's finally here.  While there are hopeful and positive signs of economic recovery beginning to emerge, the brunt of the economic collapse on the legal system is just beginning.

In a recent article in the New York Times, New York’s chief judge, Jonathan Lippman, compares hospital emergency rooms to the courtroom in terms of healing society's economically wounded.

For most court systems nationally, official tallies of cases filed since the 2008 economic collapse are not yet complete. But the New York data, compiled by state court officials after a request from The New York Times, provide an early measure of the wave of recession cases nationally.

Legal actions involving foreclosures are up 446% in Florida; one of the worst hit housing markets, evictions up 77%, domestic violence attached to loss of work scenarios, as well as other recession related lawsuits.

Here in Nevada, the housing market may still be declining.  The effects of the recent opening of the multi-billion dollar City Center creating a glut of more housing are still to be seen.  Meanwhile several condominium projects are trying to secure closings.

While Mayor Oscar Goodman pushes through his agenda to build Las Vegas a new City Hall on predictions of recovery, Governor Gibbons is the budget cutter for Nevada's education and employees.  Nationally, court administrators say budget pressures are forcing them to do more with less. Note: Nevada was recently found to be 6th highest in the nation for government salaries.  FIrefighters making $200,000 are the highest paid in the country.

Another interesting component affecting "society" and the judicial system is the insurance companies' response to resolving matters.  More resolution means less weight on the courts.  But the debt of the insurance industry resulting from taxpayer credit (think bailout) may inhibit resolution resulting in more court time.

A New York Judge compares the situation to a "train wreck" that will go on for years.

 

• Email This
• Print
• Comments
• Trackbacks

This story just broke about a double homicide at the Lloyd George Federal Courthouse in Las Vegas, Nevada.  The following are excerpts from the CNN website:

(CNN) -- Two federal personnel were shot, one fatally, Monday in the lobby of a federal courthouse building in Las Vegas, Nevada, federal officials said.

"A deputy U.S. marshal and court security officer were shot at the Lloyd D. George Federal Courthouse in Las Vegas this morning," said U.S. Marshals spokesman Jeff Carter.

"The gunman was shot by Marshals Service personnel and has been pronounced dead. The deputy U.S. Marshal is in stable condition at a local hospital. Unfortunately, the court security officer succumbed to his wounds and passed away."

The incident occurred about 8 a.m. PT, FBI Special Agent Joseph Dickey said.

Authorities were in the process of securing the building, Carter said.

"We do not know the motive for the shooting at this time, and the investigation into the shooting is still under way," he said.

No one else was in the lobby at the time of the incident, police spokeswoman Barbara Morgan said.

A nearby school was on lockdown, said Clark County School District spokeswoman Cynthia Sell.

Nevada Sens. Harry Reid and John Ensign both have offices in the federal building. Ensign spokeswoman Jennifer Cooper said the senator was not there, although the staff was evacuated. 

Reid, the Senate majority leader, issued a statement saying his thoughts were with the victims and their families.

"The law enforcement personnel who protect the courthouse put their lives at risk every day to keep the people who are inside safe and I greatly appreciate their service," the senator said.

Troy Saceal told CNN affiliate KNTV that he had just parked his car on the fourth floor of a garage nearby when he heard gunshots.

"I saw some people running out of the building and what looked like security," he said. "It was the marshals, and the whole firefight kind of opened up. It was just blast after blast with a gun."

Saceal said he saw a marshal shot at the corner of the building "and another marshal ran up and covered him up" as police officers began arriving at the scene.

"When the shots kind of subsided, I saw some officers run up and check on that marshal that was apparently hit," he said.

Over about two minutes, he said, he heard 30 to 40 shots.

"It was kind of surreal watching it because I didn't realize what was going on at the time," he said. "By the time I kind of realized what was going on, I just saw people coming out of the building shooting toward the street." He said a building blocked his view of what they were shooting at.

Shortly after the incident, a video was posted on YouTube that appeared to capture the scene and the sound outside the courthouse during the shooting. At least 45 gunshots are heard on the video, with many in rapid succession. The video lasts a minute and 13 seconds.

"Shooting outside of a Las Vegas courthouse," a voice says. "Unbelievable."

The video was posted to YouTube by a user with the name NickyFlips, who wrote on the Web site that he had just exited the courthouse after receiving a jury summons.

"Hell of a morning for jury duty," the voice adds.

• Email This
• Print
• Comments (1)
• Trackbacks

Prompted by the rape case of former KBR employee Jamie Leigh Jones, defense contractors will no longer be able force claimants into mandatory arbitration.  Typically defendant's like arbitration to keep cases away from juries that may award higher amounts.

The arbitrations applied to discrimination and sexual assault on contracts greater than $1,000,000.

The no-arbitration clause will have some minor exceptions, such as allowing arbitration if “it is necessary to avoid harm to national security interests of the United States.”  

Read more here.

• Email This
• Print
• Comments
• Trackbacks

In this time of withdrawing consumer rights regarding avoidable medical mistakes, would requiring disclosure and public dissemination of physician malpractice data be welcome?  Currently, in Nevada, there is no such disclosure.

How often do we see physicians who our friends say are "good doctors?"  Or when we go to the emergency room we are "referred" to the doctor on rotation?  Would it serve the patient's interest to be able research the doctor they are considering?  Well that is starting to happen in other states.

The Raleigh News & Observer (12/8, Garloch) reports, "For the first time, consumers can easily check whether North Carolina doctors have settled or lost medical malpractice claims or been convicted of crimes. The N.C. Medical Board announced Monday that it has expanded its Web site to include malpractice settlements or judgments and criminal records for its 35,000 licensed physicians and physician assistants. The expansion comes in response to a law passed by the General Assembly in 2007 that requires the board to publish malpractice payments, misdemeanor and felony convictions, hospital suspensions and discipline by medical boards in other states."

• Email This
• Print
• Comments
• Trackbacks

The fact of repeated impacts to the brain causing brain damage made news.  A private university will pay $7.5 million to provide lifetime care to a former football player who suffered a severe brain injury in a 2005 game after an earlier concussion went untreated.

The family of Preston Plevretes, 23, of New Jersey, settled their lawsuit against La Salle University.

The settlement came as the NFL, the NCAA and other governing bodies review rules about when athletes should return to play following concussions, amid research that suggests returning too soon can lead to brain damage.

 

Read more: http://sportsillustrated.cnn.com/2009/football/ncaa/wires/11/30/2060.ap.fbc.football.concussion.lawsuit.3rd.ld.writethru.0664/#ixzz0Z1OZ8nRV
 

• Email This
• Print
• Comments
• Trackbacks

According to an AP poll 54% of Americans favor limiting their right to recover from doctors and hospitals for their mistakes.  Nevada passed the Keep Our Doctors in Nevada bill in 2004.

The AP poll found that 54 percent of Americans favor making it harder to sue doctors and hospitals for mistakes taking care of patients, while 32 percent are opposed. The rest are undecided or don't know.

Support for limits on malpractice lawsuits cuts across political lines, with 58 percent of independents and 61 percent of Republicans in favor. Democrats are more divided. Still, 47 percent said they favor making it harder to sue, while 37 percent are opposed.

The survey was conducted by Stanford University with the nonprofit Robert Wood Johnson Foundation.

This study can be seen here.

• Email This
• Print
• Comments
• Trackbacks

I met Congressman Braley last season in Washington DC.  He strikes me as a man to watch.  Issues like health care reform, tort reform, patient safety, consumer safety, are so media drenched it is hard to understand them.  Well here is what  Bruce Braley has to say.  And you might consider that the people who hate trial lawyers only do so until they need one! In Case You Missed It: Times Union (Albany) Key speech on medical errors Advocates seeking action on issue heartened by congressman's talk By CATHLEEN F. CROWLEY, Staff writer Monday, November 23, 2009 http://www.timesunion.com/AspStories/story.asp?storyID=869285&category=REGION&TextPage=1 WASHINGTON – A short but fiery speech made on the floor of the House of Representatives has raised the hopes of patient safety advocates across the nation. Rep. Bruce Braley, a second-term Democrat from Iowa, gave a speech about medical errors moments before the House voted on the health reform bill earlier this month. Braley, 52, a trial lawyer who specializes in malpractice, said he had two minutes to prepare his speech. As he spoke, he was taunted by Republicans shouting "trial lawyer." But Braley impressed Helen Haskell, whose son died from a medical error. "I was very pleased that somebody was standing up for patient safety. I thought the heckling was unbelievable," said Haskell, of South Carolina. Her son Lewis Blackman, 15, died in 2000 after a minor surgical procedure. Haskell called Braley's office the next day to thank him. Patient safety activists are cautiously optimistic that Braley may be the champion they need for their cause. "He's definitely an emerging leader and he seems to be very passionate about (patient safety)" said Lisa McGiffert, who heads Consumers Union's Safe Patient Project. "Who will speak for the patients?" Braley said in his House speech. Referring to an Institute of Medicine report, Braley said "They told us the most significant way to reduce the cost of medical malpractice is to emphasize patient safety by reducing the number of preventable medical errors." Consumers Union invited Braley to speak at its conference on patient safety in Washington, D.C., last week. While some members of Congress have led efforts to increase the public reporting of hospital-acquired infections, few have embraced the larger issue of medical errors. Nearly 200,000 Americans die each year from errors made during their medical care and from infections acquired in the hospital. The lack of progress in reducing errors was the subject of a Hearst Newspapers series that can be read at www.deadbymistake.com. "I am so grateful to Hearst publications for their Dead by Mistake series to put the human face on the problems that bring you all here today," Braley said to the audience at the Consumers Union conference. Braley said he has passed the series to other members of Congress to bolster support for patient safety initiatives in the health reform bill. Braley grew up on a small farm in Iowa. His father was seriously injured in a fall from a grain elevator and his mother went back to work as a teacher to support the family. His father eventually went into the insurance business, while Braley began working in his teens to help the family. He was a successful lawyer in Waterloo, Iowa, when he ran for an open seat in the House of Representatives in 2006. In his short political career, Braley has rapidly climbed the ladder of leadership in the House. Braley founded and chairs the Populist Caucus, which is a congressional group devoted to economic issues of the middle class. He was named vice chairman of the Democratic Congressional Campaign Committee, the campaign arm for House Democrats. Braley leads the committee's "Red to Blue" effort to capture Republican House seats. During his second term, Braley was appointed to the powerful House Energy and Commerce Committee. He also is past president of the Iowa Trial Lawyers Association. "When my colleagues chose to attack me by screaming 'trial lawyer, trial lawyer' it wasn't affecting me in the least," Braley told advocates last week at the Consumers Union conference. "I was thinking of people that need someone to stand up for them when it comes to important issues of patient safety." Braley said he fought for an initiative in the House health reform bill that will require Medicare to revamp its reimbursement system from a fee-for-service model to a pay-for-performance model. He believes it will reduce errors and improve quality, and he said he hopes to sponsor more legislation to improve patient safety. "Unless medical consumers know that they have a system that is going to protect them, that is going to give them access to information to make them informed consumers," Braley said, "we will have missed a great opportunity to transform our system of health care delivery."

• Email This
• Print
• Comments (1)
• Trackbacks

Here is the latest from Sarah D'Orsie at the Brain Injury Association of America

Health Care Reform Update

This week, The Senate released and began debate on their Health Care Reform leadership measure. As many of you may know, originally, rehabilitation was not included in the Senate Finance bill as a minimum benefit. Due to the lobbying efforts of BIAA, largely supported and funded by our Business and Professional Council, we have been able to ensure that rehabilitation is a part of the minimum benefits package of the final product now being debated in the Senate.

Specifically, the Patient Protection and Affordable Care Act being considered would:
(Democratic leadership summary)

- Include immediate changes to the way health insurance companies do business to protect consumers from discriminatory practices and provide Americans with better preventive coverage and the information they need to make informed decisions about their health insurance.

-Uninsured Americans with a pre-existing condition will have access to an immediate insurance program to help them avoid medical bankruptcy and retirees will have greater certainty due to reinsurance provisions to help maintain coverage.

-New health insurance Exchanges will make coverage affordable and accessible for individuals and small businesses.

-Insurance companies will be barred from discriminating based on pre-existing conditions, health status, and gender.

-Expand eligibility for Medicaid to include all non-elderly Americans with income below 133 percent of the Federal Poverty Level (FPL), with substantial assistance to States for the cost of covering these individuals.

- Make long-term supports and services more affordable for millions of Americans by providing a lifetime cash benefit that will help people with severe disabilities remain in their homes and communities.

- Eliminate lifetime insurance limits in all new individual and group plans for plan years beginning 6 months after enactment.

Today, as the Senate opened a two-day debate on the bill, Congressional Quarterly reported that Majority Leader, Harry Reid is closing in on the 60 votes needed to overcome an anticipated filibuster and bring the measure to the floor. Reid has filed cloture the bill and the vote on the motion to proceed to the bill is expected to occur on Saturday at 8:00 pm.

BIAA will continue to monitor the bill's progress closely as debate continues. Also, documents relating to the Senate leadership bill can be found on BIAA's website under the Health Care Reform Library section:

http://www.biausa.org/policyissues.htm#library
 

Veteran's Health Omnibus Bill

On Thursday, November 19, 2009, The Senate voted to pass a package of veteran's bills (S1963) that included both S. 801 and S. 252, both important Veteran's health care measures supported by BIAA.

The bill would expand services in rural areas and ensure that veterans who are catastrophically disabled or who need emergency care in the community are not charged for those services. It would also authorize VA hospitals to contract with non-VA providers to ensure that our returning service members have access to the care that they so desperately need and deserve.
 

• Email This
• Print
• Comments (1)
• Trackbacks

 The Brain Injury Association of America's Sarah D'Orsie reports:

Health Care Reform Update

On November 7, 2009, the House of Representatives approved their health care reform overhaul package by a vote of 220-215.  The bill includes the provisions below: (provided by Congressional Quarterly, CQ Today)

Coverage Requirements

Individual Mandate
* Requires nearly all individuals to obtain health care coverage beginning in 2013.
* Permits individuals to keep their current health plan as a "grandfathered" plan.
* Excludes from the mandate those exempt from filing income tax returns and others who receive a hardship waiver.
* Subjects those who do not obtain coverage to a penalty tax of 2.5 percent of adjusted gross income above a   threshold.

Employer Mandate
* Requires employers to offer their employees health care insurance, or make an insurance contribution on their behalf, starting in 2013.
* Exempts firms with payrolls of $500,000 or less.
* Subjects businesses that fail to provide coverage to penalties of up to 8 percent of their payroll.

Purchase of Coverage

Health Insurance Exchange
* Creates a federal exchange, to begin operation in 2013, that would allow individuals and small businesses to purchase health insurance from insurers participating in the exchange.
* Allows states to apply to operate their own state-based health insurance exchanges.

Public Option
* Requires the establishment of a public health insurance option within the insurance exchange by 2013.
* Directs the Health and Human Services Department to run the public option and negotiate with providers to determine rates.
* Requires those rates to be no lower than those under Medicare and no higher than the average for private plans.

Additional Options
* Authorizes loans to entities that want to create health insurance cooperatives.
* Permits states to enter into compacts that allow for the sale of insurance across state lines.

Affordability

Individual Subsidies
* Provides affordability credits to individuals and families with incomes of up to 400 percent of the federal poverty level.
* Requires that subsidies would be used to reduce premiums and out-of-pocket costs.
Small Businesses
* Provides tax credits for certain small businesses that offer health insurance to their employees.

Requirements for Insurance Companies

Pre-Existing Conditions
* Bars insurance companies from denying or reducing coverage based on pre-existing medical conditions, beginning in 2013.
* Restricts how long insurers can continue to limit coverage for pre-existing conditions until the full ban takes effect.
* Prohibits companies from considering domestic violence a pre-existing condition.

Coverage Caps
* Prohibits annual or lifetime coverage limits.

Premiums
* Limits variations on premiums based on the age of the beneficiary to a ratio of 2-to-1.
* Permits variations on premiums based on geography and family size.

Out-of-Pocket Expenses
* Limits annual out-of-pocket expenses to $5,000 for an individual and $10,000 for a family.
* Guarantees no out-of-pocket costs for preventive care.

Essential Benefits Package
* Requires all qualified health benefits plans to provide coverage that meets or exceeds the standards of an "essential benefits package."
* Requires an essential benefits package to, at a minimum, cover hospitalization, outpatient hospital and clinic services, professional services of physicians and other health professionals, prescription drugs, rehabilitative services; mental health and substance use disorder services; preventive services, maternity care, well-baby and well-child care, and medical equipment.
* Establishes a Health Benefits Advisory Committee, chaired by the surgeon general, to make recommendations to HHS regarding the details of covered health benefits included in the essential benefits plan.

Medicare and Medicaid

Medicaid Expansion
* Expands eligibility for Medicaid by allowing enrollment for those making up to 150 percent of the poverty level, beginning in 2013.
* Beginning in 2015, states would pay 9 percent of costs associated with the expanded coverage.
* Requires Medicaid to cover newborns during the first 60 days of life.

Medicare Advantage
* Reduces payments under the Medicare Advantage program over a three-year period beginning in 2011.
* Makes the rates for Medicare Advantage the same as those for traditional fee-for-service Medicare by 2014.
* Provides bonus payments to insurance plans in the program that offer high-quality insurance plans in low-cost areas.

As part of the debate, Congressman Bill Pascrell, Jr., Co-Chairman of the Congressional Brain Injury Task Force, offered a statement including BIAA's guiding principles for health care reform.  Also included in the statement, which can be viewed by clicking on the link below, was language regarding payment initiatives such as the bundling of services. 

http://www.biausa.org/elements/policy/2009/house_cr_statement_bp.pdf  

The statement detailed BIAA's position that "post-acute payment systems must facilitate, not impede, improvements in functional status of individuals with brain injury and their ability to return to their homes and communities. BIAA supports a deliberative planning process and rigorous pilot testing."

Congressman Pascrell has been a true champion in the fight for securing access to care for persons with brain injury during the health care reform debate.  Please take a minute to click on the link below and thank him for his dedication to this important issue:

http://pascrell.house.gov/contact/  

It is also important to note that BIAA's Business and Professional Council was integral in creating the content of BIAA's health care reform guiding principles.

Now that the House has passed its measure, BIAA is monitoring Senate activity closely.  Senate Majority Leader Harry Reid has alluded to Senate action on their leadership bill as soon as next week. 

• Email This
• Print
• Comments
• Trackbacks

American Association of Justice published "Five Myths about Medical Malpractice Negligence."  I reprint it below.

It is especially interesting since the Nevada Supreme Court is currently considering whether to make the "Keep Our Doctor's in Nevada" bill, passed in 2004, retroactive.  A woman is suing her lawyer for taking 40% of her over $5,000,000 award for a lawsuit she retained him for in 1999.  She is arguing that the attorney fee limits should apply retroactively and the attorney's fees be reduced.  Interestingly she is not arguing that her recovery be limited retroactively to the current ceiling on medical malpractice cases of $350,000.

Those opposed to real health care reform are flailing to come up with real, alternative solutions to our current crisis. With all the talk of death panels, government takeovers, and rationing of care, now tort reform has been thrown into the mix.

Yet it will do practically nothing to lower health care costs, and certainly will not fix our broken health care system. However, it will most definitely hurt patients injured through no fault of their own. Seemingly, the effects of legislation on real people have somehow evaporated from the discussion.

To break through all the hyperbole, lies, and distortions, the American Association for Justice today released a new report, "Five Myths About Medical Negligence." The next time a cable news pundit or opponent of health care reform starts talking about tort law changes, chances are this manual will rebut their claims.

As the health care debate moves forward, here are the key myths and facts:

Myth #1: There are too many "frivolous" malpractice lawsuits.
Fact: There's an epidemic of medical negligence, not lawsuits. Only one in eight people injured by medical negligence ever file suit. Civil filings have declined eight percent over the last decade, and are less than one percent of the whole civil docket. A 2006 Harvard study found that 97 percent of claims were meritorious, stating, "portraits of a malpractice system that is stricken with frivolous litigation are overblown."

Myth #2: Malpractice claims drive up health care costs.
Fact: According to the National Association of Insurance Commissioners, the total spent defending claims and compensating victims of medical negligence was just 0.3% of health care costs, and the Congressional Budget Office and Government Accountability Office have made similar findings.

Myth #3: Doctors are fleeing.
Fact: Then where are they going? According to the American Medical Association's own data, the number of practicing physicians in the United States has been growing steadily for decades. Not only are there more doctors, but the number of doctors is increasing faster than population growth. Despite the cries of physicians fleeing multiple states, the number of physicians increased in every state, and only four states saw growth slower than population growth; these four states all have medical malpractice caps.

Myth #4: Malpractice claims drive up doctors' premiums.
Fact: Empirical research has found that there is little correlation between malpractice payouts and malpractice premiums paid by doctors. A study of the leading medical malpractice insurance companies' financial statements by former Missouri Insurance Commissioner Jay Angoff found that these insurers artificially raised doctors' premiums and misled the public about the nature of medical negligence claims. A previous AAJ report on malpractice insurers found they had earnings higher than 99% of Fortune 500 companies.

Myth #5: Tort reform will lower insurance rates.
Fact: Tort reforms are passed under the guise that they will lower physicians' liability premiums. This does not happen. While insurers do pay out less money when damages awards are capped, they do not pass the savings along to doctors by lowering premiums. Even the most ardent tort reformers have been caught stating that tort reform will have no effect on insurance rates.

Over 98,000 people die every year from preventable medical errors. That's like two 737s crashing every day for a whole year. Instead of focusing on tort law changes that won't fix health care, let's make sure people aren't injured in the first place. Not only will that lower costs, but most importantly, will improve health care for everyone.

Read more at: http://www.huffingtonpost.com/anthony-tarricone/calls-for-tort-reform-des_b_345438.html&cp

You can view AAJ President Anthony Tarricone’s article on the Huffington Post and link to the article by clicking here.

• Email This
• Print
• Comments
• Trackbacks

President Obama continues his quest to appease skeptics of his health care reform:

Since President Obama proposed using $25 million to test new ways to handle malpractice lawsuits, suitors have been lining up, the The Associated Press reports. One leading idea is to appoint expert panels to sort fact from fiction in malpractice claims. The "American Hospital Association has been shopping a new plan to lawmakers," and malpractice reform advocates are expected to propose another strategy for a pilot program at a Health and Human Services hearing next week. Doctors say they perform extra tests on patients because they fear lawsuits.

Read More Here.

• Email This
• Print
• Comments
• Trackbacks

Atlanta Personal Injury Lawyer
By Michael L. Neff
Atlanta personal injury lawyer blog Monday, October 26, 2009. Brain Implants May Awaken Paralyzed Limbs for Spine Injury Victims. In the next year, 130000 people will suffer spinal cord injuries (most of them occurring in auto ...
Michael Neff's Blog - http://www.mlnlaw.com/blog.html

DRUNK DRIVING TEEN LEAVES ANOTHER TEEN BRAIN DEAD :: Chicago ...
DRUNK DRIVING TEEN LEAVES ANOTHER TEEN BRAIN DEAD :: Chicago Accident and Injury Lawyer Blog. ... CHEERLEADING INJURIES ON THE RISE: CHICAGO SPORTS INJURY ATTORNEY URGES IMPROVEMENTS IN SAFETY MEASURES AND TRAINING Spinal cord trauma, paralysis, concussion, traumatic brain injury, headaches and... October 19, 2009 3:22 PM 7-YEAR OLD'S LEG RAN OVER BY SCHOOL BUS A 7-year old student's leg was run over this morning... October 16, 2009 2:11 PM ...
Chicago Accident and Injury Lawyer Blog - http://www.chicagoaccidentinjurylawyer.com/

Coping With the Effects of Traumatic Brain Injuries| Personal ...
By Legal: Personal Injury Articles from EzineArtic...
Though injury to any organs or body parts may interfere with these processes, the most far-reaching consequences are apt to occur when an injury compromises the health of a person's spinal cord or brain function. ...
Personal Injury Lawyer - http://personalinjury-lawyerblog.com/

• Email This
• Print
• Comments
• Trackbacks

Sarah D'Orsie of the BIAA advises as follows:

Health Care Reform Update


This week  the Senate worked towards combining two health care reform drafts, one from the Health, Education, Labor and Pensions (HELP) committee and the other from the Finance Committee, into one final version.  BIAA, as a part of the Consortium for Citizens with Disabilities (CCD) coalition, submitted a letter to Senate leadership asking to ensure that several provisions important to the brain injury community are included in this final version of the bill.

The letter outlines several priorities such as the need for private insurance reform, improvements to Medicaid and long terms services and supports, and clarifications to the Medicare program.  For further reading, the full text of the letter can be found on our web site:  http://www.biausa.org/elements/policy/2009/ccd_hcreform_letter.pdf

As the Senate works to combine its measures into one bill, BIAA will monitor the progress and alert grassroots advocates if action becomes necessary. 

• Email This
• Print
• Comments
• Trackbacks

President Barack Obama can look to a variety of models as he seeks to fulfill a pledge to fund state tort reform experiments, a longtime wish-list item for physicians, the New York Times reports. States have so far tried a few approaches, with mixed results, and considered more.

They include, a cap on non-economic damages supported by the American Medical Association; medical screening panels that "attempt to weed out frivolous suits;" "apology statutes" that ban physicians admission of error from being used as evidence in court; early compensation offers by physicians and hospitals that preclude law suits; safe harbor systems that protect doctors from law suits when they follow practice guidelines; birth funds that compensate families for childbirth injuries and are financed by physician surcharges; and, special medical courts that would approach malpractice cases with more specialized expertise (Underwood, 10/13).

This information was reprinted from kaiserhealthnews.org with kind permission from the Henry J. Kaiser Family Foundation. You can view the entire Kaiser Daily Health Policy Report, search the archives and sign up for email delivery at kaiserhealthnews.org.

• Email This
• Print
• Comments
• Trackbacks

The American Academy of Orthopaedic Surgeons published these safety tips for Halloween:

 Trick-or-treating, wearing costumes, and carving pumpkins are all part of the Halloween fun for kids of all ages. However, many of these activities also offer potential for injury, the American Academy of Orthopaedic Surgeons (AAOS) suggests that Halloween-goers take the following steps to stay safe.

Potential injuries:

-- Ill-fitting masks and costumes, as well as walking in unfamiliar areas in the dark, can lead to fractures , dislocations, sprains, contusions, abrasions and head trauma from trips and falls.

-- Pumpkin-carving can result in serious lacerations to the hand and also injuries to bones and tendons, if certain precautions are not taken.

"When children get excited about a holiday that involves candy, they may be less cautious than usual," says orthopaedic surgeon Charles Blitzer, MD, spokesperson for the AAOS. "Also, Halloween tends to encourage unruly behavior, so parents and other caregivers need to be especially vigilant to ensure that kids follow basic safety guidelines whether they are pumpkin carving or trick-or-treating."

The AAOS offers the following tips to help ensure an injury-free Halloween:

Pumpkin-carving

-- When carving pumpkins, use specifically designed carving knives, no kitchen knives.

- Carving knives are less likely to get stuck in the thick pumpkin tissue. (Injuries can occur when a carver tries to yank the stuck knife out.)

-- Never let children carve pumpkins.

- Adults carving pumpkins should remember to always cut in small, controlled strokes, away from themselves.

 - Carving knives should be kept in a clean, dry, well-lit area.

 - Any moisture on the tools, hands, or table can cause the knife to slip, leading to injuries.

-- Should an individual cut a fingertip or hand while carving pumpkins, elevate the hand above the heart and apply direct pressure to the wound with a clean cloth to stop the bleeding.

- If continuous pressure does not slow or stop the bleeding after 15 minutes, an emergency room visit may be necessary.

- If there is any numbness in the fingers and or there is an inability to move the fingers, then the individual should go to the emergency room.

Costumes

-- Halloween costumes should be light and bright, so children are clearly visible to motorists and other pedestrians.

- Trim costumes and bags with reflective tape.

-- Make sure children wear flame-resistant costumes that fit properly.

- Costumes that are too long may cause kids to trip and fall.

-- Children should wear sturdy, comfortable and slip-resistant shoes.

-- Masks and hats can impair a child's vision, so secure hats well and consider using face makeup instead of masks.

Trick-or-Treating

-- When trick-or-treating, children should stay in familiar neighborhoods and be accompanied by an adult at all times.

-- Children must walk on sidewalks and never cut across yards or driveways.

- They should also obey all traffic signals and remain in designated crosswalks when crossing the street.

-- Trick-or-treaters should only approach houses that are well lit.

- Both children and parents should carry flashlights to see and be seen.

-- Consider skipping the door-to-door trick-or-treating and attend a neighborhood Halloween party instead.

-- Examine all treats for tampering or other unsafe conditions before allowing the children to eat them.

• Email This
• Print
• Comments
• Trackbacks

Sarah D'Orsie of the Brain Injury Association of America has asked me to post this latest legislative update:

 

On Wednesday, October 7, 2009, the House and Senate Armed Services Committees announced that they had reached an agreement on a conference report to H.R. 2647, the Fiscal Year 2010 National Defense Authorization Act. 

In a major victory for the brain injury community, the report included an amendment that authorizes the Secretary of Defense to carry out a pilot program for providing cognitive rehabilitation therapy services under TRICARE.  BIAA worked with the Congressional Brain Injury Task Force to preserve its status as part of the final conference report.  We are thrilled to have contributed to this important step towards providing better access to care for returning service members.

A link to the full text of the amendment can be found below:

http://www.biausa.org/elements/policy/cognitive_rehabilitation_ndaa_letter.pdf  

Health Care Reform Update

This week the Congressional Budget Office (CBO) delivered their estimate of the Senate Finance Committee health care reform package.  The bill scored under the $900 billion goal and would reduce the deficit by more than expected while covering millions more of the uninsured. (CQ)

With this news providing momentum, the Senate Finance Committee is expected to vote on October 13, 2009 to clear the bill.  A final vote in the Finance Committee will open the door for negotiations to begin on melding that draft with the one previously approved by the Senate Health, Education, Labor and Pensions (HELP) Committee.  Once that process has been completed, the final bill may be considered by the full Senate as early as the week of October 19, 2009. 

• Email This
• Print
• Comments
• Trackbacks

Here are the latest updates from the Brain Injury Association of America.

Health Care Reform Update

This week the Senate finance committee wrapped up debate on its version of a health care reform package.  The committee now has finished debating the more than one hundred amendments offered to the bill.  A final vote is possible next week, although the finance committee cautiously waits to hear the cost estimate of the measure from the congressional budget office.

BIAA will continue to monitor the situation as the legislation progresses.

Appropriations Update

Last week, Congress considered a measure, known as a continuing resolution (CR), that would keep the government funded into the 2010 fiscal year, which began on October 1, 2009.  TBI related programs will be funded at FY2009 levels until the spending bills for next year have been approved.

The full Senate has yet to consider the Fiscal Year 2010 Labor, Health and Human Services and Education spending bill that will provide the funding allocation for programs authorized through the TBI Act and for NIDRR's TBI-related research programs, including TBI Model Systems of Care.

BIAA will alert grassroots advocates when action is needed.

National Defense Authorization Update

As reported in a previous edition of Policy Corner, the Senate version of this year's National Defense Authorization bill includes an amendment that authorizes the Secretary of Defense to carry out a pilot program for providing cognitive rehabilitation therapy services under TRICARE. 

As the House and Senate meet to debate the differences in the two versions in order to craft a final bill, BIAA has increased awareness among House members serving on the Armed Services Committee of the amendment and its importance to returning service members sufferring from TBI.

This week, Congressman Bill Pascrell, Jr. and Congressman Todd Platts, co-chairs of the Congressional Brain Injury Task Force, sent a letter to members of both the House and Senate Armed Services Committee members urging their support in preserving this amendment in the final bill.  A copy of the letter can be viewed on our web site, or by clicking the link below:

http://www.biausa.org/elements/policy/cognitive_rehabilitation_ndaa_letter.pdf

• Email This
• Print
• Comments
• Trackbacks

Five years ago, Andrzej Chraca, now 38, was driving south on Wright Boulevard near the intersection of South Frontage Road in the northeast Illinois town of Schaumburg.

At the same time, Steve Miles, a driver for the state's Department of Transportation, was driving eastbound on South Frontage Road, and they collided in the middle of the intersection.

Both drivers claimed that they entered the intersection on a green light and filed lawsuits against each other. The suits were consolidated at trial.
As a result of the collision, Chraca was rendered an incomplete paraplegic. He is unable to walk without leg braces and requires the use of a walker or wheelchair.

Miles suffered a cervical vertebrae fracture and partial paralysis to the right side of his body. He also suffered a mild traumatic brain injury.

In the largest verdict of its kind in the history of Cook County, Ill., Miles was left unable to walk following the 2004 crash has been awarded $24 million.

Plaintiffs' attorney Martin Healy Jr. represented Miles.

Read more J. "Illinois man awarded $24M in car crash suit." Lawyers USA. Dolan Media Company. 2009. HighBeam Research. 29 Sep. 2009 <http://www.highbeam.com>.

• Email This
• Print
• Comments
• Trackbacks

"The American Association for Justice announced today it is launching what it called the first phase of a nationwide ad campaign 'to educate lawmakers about the epidemic of preventable medical errors and how tort law changes won't lower costs or cover the uninsured,'" The Boston Globe reports. "The ads, running in Washington publications and on online news sites, say the estimated 98,000 deaths from preventable medical errors is 'like two 737s crashing every day for a whole year.' But the ad concludes: 'Would we blame the passengers or the airlines?'" (Rhee, 9/22).

The New York Times also reports on medical malpractice. Economic Scene columnist David Leonhardt notes that while there is a great partisan divide on the issue, there is also "a lot of research by economists and others with no vested interest," who have drawn factual conclusions. "The direct costs of malpractice lawsuits - jury awards, settlements and the like - are such a minuscule part of health spending that they barely merit discussion, economists say. But that doesn't mean the malpractice system is working." In addition, "[t]he fear of lawsuits among doctors does seem to lead to a noticeable amount of wasteful treatment," estimated to be about "$60 billion a year or about 3 percent of overall medical spending." But researchers have also estimated that few errors lead to action: "only 2 to 3 percent of cases of medical negligence lead to a malpractice claim." The malpractice system may therefore be "expensive in all the wrong ways" (Leonhardt, 9/22).

• Email This
• Print
• Comments
• Trackbacks

Senator Reid announces funds are on their way to Nevada. Read the whole article here.

WASHINGTON, D.C. — Following efforts by Nevada Sen. Harry Reid,Senator Max Baucus revealed his updated health insurance reform proposal with major improvements for Nevada.  The state will receive a full 100 percent match for those added pursuant to the Medicaid expansions for five years.  Furthermore, federal funding for Medicaid increases by 30 percent while Nevada will only have to increase funding 1.6 by percent.

“I thank Chairman Baucus for recognizing the unique challenges that we face in Nevada and working with me to address them,” Reid said. “I promised the people of Nevada that I wouldn’t support any health insurance reform proposal that wasn’t good for our state and I meant it. This latest proposal is a major improvement to the chairman’s original proposal.”

• Email This
• Print
• Comments
• Trackbacks

The Brain Injury Association of America asks me to pass this update on.

*BIAA would like to take a moment to remember Senator Ted Kennedy and the profound influence he had on the brain injury community, by acting as the sponsor and champion of the TBI Act for many years. He will be missed.

Health Care Reform Update

President Obama made it clear Wednesday evening in a joint session speech that he is demanding health care reform action this year. With the spark given by the President's address, Democrats are enthusiastically working to find a way past their differences over such issues as inclusion of a public insurance option.

This week, the Senate Finance Committee released an outline of their proposal that is set to be made public next week. BIAA has some concerns about the proposal and is contacting members of the committee to ensure comprehensive coverage in the full proposal. The Committee plans to mark up a bill the week of Sept. 21, 2009.

The House may vote on its bill in the coming weeks, though debate continues over what kind of public option it will contain.

Stay tuned for action alerts as legislation progresses!

Brain Injury Survivor Advocacy Program

In August, BIAA launched a pilot program dedicated to encouraging area brain injury survivors to become more effective self-advocates. The program included identifying likely targets, making appointments, participating in a day of meetings in Capitol Hill, and following up and maintaining relationships with Congressional staffters.

Due to the success of the program, BIAA will continue to offer the opportunity on a quarterly basis to survivors who would like to learn more about advocacy. Space is limited, so if you would like to participate and you live in the Washington, DC area, please send me an email so that I can begin assembling the next advocacy group.

Appropriations Update

With energy legislation delayed and the future of a health care overhaul uncertain, Senate appropriators will try to take advantage of a window of opportunity to pass and clear as many spending bills as possible in September. (CQ)

If Congress is unable complete all 12 fiscal 2010 bills before the next fiscal year begins Oct. 1, 2009, lawmakers will have to pass a continuing resolution later this month to keep money flowing to the government.
 

• Email This
• Print
• Comments
• Trackbacks

This announcement from the Lou Ruvo Center for Brain Health is available on the web.  This incredible addition to the Las Vegas Community will be know nationwide for its contributions to the science and care of brain health.

Cleveland Clinic, in collaboration with Keep Memory Alive and the Lou Ruvo Brain Institute, has created a highly specialized clinical center to advance the research, early detection and treatment of patients with neurocognitive disorders that result from neurological diseases including Alzheimer’s, Huntington’s, Parkinson’s, and Amyotrophic Lateral Sclerosis (ALS). Newly name the Lou Ruvo Center for Brain Health, the goal is to prevent the disabling symptoms of chronic brain diseases and to prolong healthy, vital aging in people at risk for dementia or cognitive disorders.

The Lou Ruvo Center for Brain Health provides state-of-the-art care for these disorders and for the family members of those who suffer from them. The physicians and staff at the LRCBH will work towards the development of early diagnosis and the advancement of knowledge concerning mild cognitive disorders, which could one day allow us to delay or prevent their onset.

For persons with mild cognitive impairment (mci) such as early stage dementia and Alzheimer’s disease, the Lou Ruvo Center for Brain Health offers the most up-to-date and technologically advanced diagnostic services, including 3 Tesla MR and PET-CT, performed by one of the leading neuroimaging academic centers in the world. The LRCBH also offers a multimodal treatment program for persons with milder syndromes, including physical exercise, cognitive rehabilitation, and cognitive enhancing medications.

Patients will receive expert diagnosis and treatment at Cleveland Clinic Lou Ruvo Center for Brain Health, which offers a multidisciplinary patient-focused approach to diagnosis and treatment, promoting collaboration across all care providers, offering patients a complete continuum of care and infusing education and research into all that we do.
 

• Email This
• Print
• Comments
• Trackbacks

This just in from the Associated Press:

Nevada Sen. John Ensign says his affair with a friend's wife was different from former President Bill Clinton's affair because Clinton committed a felony when he lied about it to a grand jury.

The Nevada Republican told The Associated Press on Wednesday: "I haven't done anything legally wrong."

Ensign made the remarks before he was introduced to a standing ovation from about 100 people at a Chamber of Commerce luncheon in rural Fernley. He opened his speech by acknowledging what called a "distraction." He says he made a big mistake, is sorry and intends to work hard to win back the trust of Nevadans.

It was Ensign's first public appearance in the state since acknowledging in June that he had a monthslong extramarital with former campaign aide Cynthia Hampton.

(Copyright 2009 by The Associated Press. All Rights Reserved.)

• Email This
• Print
• Comments
• Trackbacks

DEBORAH SONTAG of the  The New York Times reports "In a benchmark case dealing with the obligations of hospitals toward uninsured illegal immigrants, a jury in Stuart, Fla., decided Monday that Martin Memorial Medical Center did not act unreasonably when it chartered a plane and repatriated a severely brain-injured Guatemalan patient against the will of his guardian."

The Hospital prevailed and the man was sent via chartered plane back to Guatemala.  You can read the entire article by clicking here.

• Email This
• Print
• Comments
• Trackbacks

The Brain Injury Association of America continues its grassroot effort to move and shake the bills presented in  Congress.

Note:  The House will recess for the month of August today and the Senate will follow suit next week.  There will be no Policy Corner until business resumes in September.  However, if any legislative advances do surface during the month of August, BIAA will alert grassroots advocates through alerts and news flashes.


Most Valuable Advocates (MVAs)

In a year that has been bursting at the seams with important policy making and legislation affecting the brain injury community, BIAA would like to take a step back and thank our grassroots for the heavy lifting they have done in the past six months! 

We would like to specifically recognize the most active members of our community.  The twenty people listed below have sent the most messages to Capitol Hill in response to BIAA action alerts since their subscribership to Policy Corner.  Thanks to these individuals and the entire grassroots community for making this year a successful policy year so far for BIAA.  Keep up the good work!

Ashley Weiss, Steven Cash, Robert Edwards, Sherry Stock, Cozette Carlisle, Paula Daoutis, Denae Mcelliott, Pat Britz, Freda Arender, Phillip Clarkson, Harold Ellison, Donna Lewis, Denman Jarvis, JoAnne OBoy, Scott Gee, Roberta Jereb, Carrie Lear, Geofrey Lauer, Caroline Feller and Paul Folkert


Appropriations Update

On Thursday, July 30, 2009, the Senate Appropriations Committee approved its fiscal 2010 spending bill for Health, Education and Labor programs. 

Currently, further details regarding TBI Act and TBI Model Systems of Care funding have not been released, however, BIAA will continue to monitor the appropriations process closely and will be sure to distribute grassroots action instructions when the bill is scheduled for Senate floor consideration.


Health Care Reform Update

Health Care Reform remains in a holding pattern as Senate Finance Chairman Max Baucus announced this week that his Committee would not formally consider health care legislation until after the August recess.

In tandem, the House has also alluded to the fact that their bill will be postponed until September as moderates and liberals from the Energy and Commerce Committee continue to work towards a compromise.

BIAA will continue to monitor new information throughout the August recess.


FY10 National Defense Authorization Act (S. 1390)

On Thursday, July 23, 2009, the Senate passed its version of the FY10 National Defense Authorization Act.   During debate, Senator John McCain for Senator Graham offered an amendment that authorizes the Secretary of Defense to carry out a pilot program for providing cognitive rehabilitation therapy services under TRICARE.  Both BIAA and the Wounded Warrior Project have worked tirelessly to advocate for the inclusion of this amendment.  To view the amendment, click on the link below:

http://www.biausa.org/elements/policy/2009/ndaa_cognitive%20_rehabilitation_amendment_2009.pdf

The amendment requires the Department of Defense to consult the Department of Veterans Affairs, The Defense Centers of Excellence for Psychological Health and Traumatic Brain Injury and relevant national organizations with experience in treating traumatic brain injury.  It also requires the Secretary of Defense to submit a report to congress evaluating the effectiveness of the program and making recommendations of the appropriateness of including cognitive rehabilitation as a benefit under the TRICARE program.  

In response to the adoption by unanimous consent of this amendment into S. 1390, a representative from the Congressional Budget Office reached out to BIAA to ask advice regarding the cost and duration of cognitive rehabilitation therapy in order to formulate a cost estimate for the pilot program.  BIAA authored the following comments in response:

http://www.biausa.org/elements/policy/2009/cbo_request_july_09_cog_rehab.pdf

Currently, the Senate is gearing up for a conference with the House to agree on final language. The informal process began this week even though house conferees have yet to be named.  With hope that finalization will happen in early September, be on the lookout for BIAA action alerts to urge congress to retain this important amendment as part of the final package.

In conclusion, BIAA is thrilled to have the opportunity to work on this important inclusion in S. 1390 and believes that this is a much needed step forward in providing access to brain injury care for returning service members. 


Veterans Health Care Authorization Act of 2009 (S. 252)

After being favorably reported out of the Senate Veterans Affairs committee last week, the full Senate plans to consider  S. 252, the Veterans Health Care Authorization Act of 2009 in the coming days.

Among other things, the legislation authorizes the Department of Veterans Affairs (VA) to provide care to veterans with traumatic brain injury through contracts with non-VA providers when necessary. 

BIAA strongly supports this legislation as it is vital to ensuring our returning service members suffering from traumatic brain injury get access to the care that they so desperately need and deserve.

If you have not taken action on this issue and would like to get involved, click on the link below for action alert instructions.

http://capwiz.com/bia/home/

 

Final NIDRR RRCT Priorities Released

As reported in an earlier edition of Policy Corner, BIAA submitted comments to the National Institute on Disability and Rehabilitation Research (NIDRR) in June specifically regarding the fourth priority included in the proposed plan for the Rehabilitation Research and Training Centers (RRTCs) entitled, "Developing Strategies to Foster Community Integration and Participation for Individuals with Traumatic Brain Injury." 

BIAA expressed strong support for the inclusion of a brain injury related research priority.  However, BIAA also detailed some concerns related to the strategies used in the priority to foster community integration and participation for affected individuals. As proposed, this priority would develop a classification system based on symptoms experienced by individuals with TBI who are living in the community.

BIAA explained that no two brains are alike and each and every individual presents with different symptoms, and each injury results in different challenges. Therefore, trying to categorize these injuries could be counterproductive to the priority's goal.

In response to BIAA and other stakeholders who also submitted concerns, NIDRR has revised some of its proposed priority to reflect the suggestions that were offered.  The discussion and changes made by NIDRR in response to the stakeholder comments are:

Discussion: "NIDRR agrees that there is a great need for community integration and participation (CIP) interventions in TBI. Our reading of the research literature suggests that better characterization of symptom variations within research samples might contribute substantially to improved accumulation of knowledge regarding the effectiveness of interventions. In response to the concerns of  commenters that it would be difficult for one RRTC both to develop and test interventions and to develop a TBI classification system, we reordered the priority requirements to emphasize the testing of interventions and we eliminated some of the prescriptive requirements related to the development of a TBI classification system. Although we reduced the number of requirements for the development of a TBI classification system, we expect applicants to propose and justify the steps they will take to accomplish this task. The peer review process will determine the merits of each proposal."
   
Changes: "We have revised the priority by reordering the priority requirements, eliminating the requirement for expert input into the classification system, and eliminating the requirement for the development of a manual for use of the classification system. Also, in response to this comment and related comments, discussed below in greater detail, we have revised the priority by decoupling the testing of interventions from the classification system, eliminating the
numerous examples of symptoms, eliminating the requirement for a short version of the classification system, and eliminating the requirement for a literature review."

BIAA is thrilled to see these changes implemented and will continue to monitor the process going forward.  For further reading click on the link below:

http://edocket.access.gpo.gov/2009/E9-17924.htm

• Email This
• Print
• Comments
• Trackbacks

The Brain Injury Association continues to keep us apprised of legislative matters.

Appropriations Update

 

TBI Act

On Friday, July 24, 2009 the House of Representatives passed a $730.5 billion bill to fund health, education and labor programs in fiscal 2010.  The bill (HR 3293) allocates $10 million to the HRSA state grant and protection and advocacy programs.  The accompanying committee report states:

"The Committee provides $10 million for the Traumatic Brain Injury (TBI) program. This is $123,000 above the fiscal year 2009 funding level and the budget request. The TBI program funds the development and implementation of statewide systems to ensure access to care, including pre-hospital care, emergency department care, hospital care, rehabilitation, transitional services, education and employment, and long-term community supports. Grants also go to State protection and advocacy systems. In fiscal year 2009, 16 States will receive TBI awards, and 57 State and territorial protection and advocacy systems will be funded.  The Committee intends that HRSA allocates the TBI funding increase to States and protection and advocacy systems in the same proportion as they received with fiscal year 2009 funding."

The National Institute on Disability and Rehabilitation Research

Also, considered as part of the bill, funding for the National Institute on Disability and Rehabilitation Research as stated in the Committee Report is as follows:

"The Committee recommends $110,741,000 for the National Institute on Disability and Rehabilitation Research, which is $3,000,000 above the fiscal year 2009 funding level and the same as the budget request. The Institute supports research, demonstration, and training activities that are designed to maximize the employment and integration into society of individuals with disabilities of all ages. The Committee encourages the Administration to establish an Interagency Committee on Disability Research to develop a comprehensive government-wide strategic plan for disability and rehabilitation research, including capacity building and knowledge translation."

Social Security Administration

The Social Security Administration's program that supports seniors and the disabled received $11.4 billion in the bill, $993 million above 2009, for a limitation on administrative expenses for SSA. The Committee expressed dedication to helping the Social Security Administration (SSA) address several challenges, including processing a rising number of retirement and disability claims, reducing the backlog of disability claims, and improving service to the public.

BIAA will continue to monitor the bill as the Senate Appropriations Committee is scheduled to begin marking up its version of the bill July 28.  Look for more details and action alerts in the coming weeks.  In the meantime, BIAA thanks grassroots advocates for their assistance!


Health Care Reform Update

House

After more contentious private and public negotiations on a health overhaul between House leaders and moderate Democrats, prospects are uncertain for a vote on the bill before lawmakers leave for a long August recess.

The Energy and Commerce Committee Chairman, Henry Waxman, is aiming to come to an agreement by Monday or Tuesday of this week in order to report the bill to the full house.

 
House Democratic leaders will attempt to convince their caucus of the merits of the legislation Monday evening, in the hope of holding a vote at the end of this week or early next week.

Majority Leader Steny Hoyer, had earlier dismissed the idea that Energy and Commerce might have to discharge the bill without voting on it --- something Waxman said, in the heat of his dispute with moderate democrats, that he was considering himself. "I'm not interested in that, and I don't think the Speaker is either," Hoyer said. (CQ)

He said chances are "very small" they will take the bill to the floor before the House's scheduled July 31 break for the August recess. However, he said it was possible the leadership would hold the chamber in session beyond that date.

Senate

Senate leaders last week abandoned plans to pass their own bill before August, but work continues among a bipartisan group of six Finance Committee members - backed by their leadership - to reach agreement on an overhaul.

• Email This
• Print
• Comments
• Trackbacks

Sarah D'Orsie, on behalf of the Brain Injury Association of America, requests we call our Senators regarding this bill.

Call your Senators and urge them to vote for S. 252, The Veterans Health Care Authorization Act of 2009	Take Action!
In the coming days the Senate will consider S. 252, the Veterans Health Care Authorization Act of 2009. Among the provisions of the bill, the legislation authorizes the Department of Veterans Affairs(VA) to provide care to veterans with traumatic brain injury through contracts with non-VA providers when necessary. Call your Senators today to encourage passage of S. 252!  Click the "call now" button below this message to get started, then type your zip code in the "call now" box and click go to access phone numbers and talking points for your call!

• Email This
• Print
• Comments
• Trackbacks

House Considers FY10 TBI Act Appropriations, take action now!	Take Action!
Tomorrow, Friday, July 24, 2009, the House of Representatives will be considering a bill which will provide the funding allocation for programs authorized through the TBI Act and for NIDRR's TBI-related research programs, including TBI Model Systems of Care. Federal funding for these important TBI programs has remained stagnant over the last several years, as Congress has not provided increases sufficient to keep up with the increasing cost of doing business. The urgent need for increased federal support for a national TBI public health infrastructure and TBI research is further heightened by the recognition of TBI as the signature wound of the wars in Iraq and Afghanistan. The time is now to urge Members of Congress to adequately fund TBI programs!

• Email This
• Print
• Comments
• Trackbacks

Dr. John Mann of Columbia Univeristy Medical Center will conduct the largest study of suicide and mental health among military personnel ever undertaken, with $50 million in funding from the U.S. Army.  The announcement came from the National Institute of Mental Health (NIMH).

Suicide is the fourth leading cause of death among 25- to 44-year-olds in the United States. Historically, the suicide rate has been lower in the military than among civilians. In 2008 that pattern was reversed, with the suicide rate in the Army exceeding the age-adjusted rate in the civilian population (20.2 out of 100,000 vs. 19.2). While the stresses of the current wars, including long and repeated deployments and post-traumatic stress, are important potential contributors for research to address, suicidal behavior is a complex phenomenon. The study will examine a wide range of factors related to and independent of military service, including unit cohesion, exposure to combat-related trauma, personal and economic stresses, family history, childhood adversity and abuse, and overall mental health.

Read the full article here.

• Email This
• Print
• Comments
• Trackbacks

The Brain Injury Association of America asked I post this very important announcement: For Immediate Distribution                                      Contact: Susan H. Connors, BIAA July 23, 2009                                                                    703.761.0750 ext. 627     Greetings Professionals:   Please note the following important announcements from the Brain Injury Association of America and its Brain Injury Business & Professional Council:   Business Practices College The 5th Annual Brain Injury Business Practices College has been postponed until spring 2010. The Planning Committee is seeking volunteers to help shape the 2010 program. Please contact Marianna Abashian at 703-584-8636 or mabashian@biausa.org.   Health Care Reform Health care reform is at a volatile stage. President Obama is urging action before the August recess, but the complexity of the issue, state of the economy, long-term price tag and potential for unintended consequences are compelling some Congressional lawmakers to want to slow deliberations. Partisan politics also plays a role.   Slowing the process is often the first step toward killing a bill-a GOP victory in the case of health care reform. Speaker Pelosi has announced that a floor vote in the House is possible before the August recess; members of the Senate Finance Committee (many of whom are on the insurance industry's payroll) may try to derail a vote in the Senate. President Obama may opt to exercise his constitutional authority to force Congress back into session. Alternatively, recess could go forth and the Senate could take a floor vote in the fall.   Bobby Silverstein of Powers, Pyles, Sutter & Verville, P.C., will present a webinar on health care reform from 3:00 to 4:30 pm eastern time on August 19, 2009. (The webinar is FREE for Business Council members and is the first in a series of educational programs sponsored by the Council for the business community. Watch your e-mail for details.)   Depending on the status, BIAA and the Business Council may host a one-day Congressional Fly-in during the fall. In the meantime, we have ensured that rehabilitation would be included in public plans and have proffered numerous alternatives to the bundling of payments for post acute treatment. (Please see the Council's website www.braininjurycouncil.org for position statements, legislative analysis and other reading materials.)   Health Outcomes & Business Metrics Database On July 17, 2009, Subcommittee chair Bill Buccalo circulated an update on the outcomes project. Business Council members who were not on the distribution list but wish to learn more may access the update from http://www.braininjurycouncil.org/Members/Communications.htm.   Business and Professionals Council Membership Please encourage your professional colleagues to join the Council as corporate, affiliate, or professional members now. The Council's mission is to promote access to brain injury health care. It's your business, your profession, your future; every voice matters! Council members can now join the Business and Professional Council Group on LinkedIn.com.   Please contact us for more information on any of the above.   Thank you.   Susan Connors, BIAA President/CEO Christopher Slover, Business Council Chairperson

 

• Email This
• Print
• Comments
• Trackbacks

The Brain Injury Association has requested I post this latest update:

In This Issue:
Appropriations Update
Health Care Reform Update
____________________________________________________________________
The Policy Corner is made possible by the Centre for Neuro Skills, James F. Humphreys and Associates, and Lakeview Healthcare Systems, Inc. Brain Injury Association of America gratefully acknowledges their support for legislative action.
__________________________________________________________________
Appropriations Update

Today, July 17, 2009, the House Appropriations Full Committee acted on legislation that would fund labor, health and education programs for Fiscal Year 2010. The overall numbers for this year's reported bill are as follows:

Bill Total
2009 Comparable: $155.049 billion
President's Request: $160.706 billion
Committee Mark: $160.654 billion

Currently, further details regarding TBI Act and TBI Model Systems of Care funding have not been released, however, look for a special edition of Policy Corner on Monday, July 27, 2009 for a special appropriations report. BIAA will continue to monitor the appropriations process closely and will be sure send out grassroots action instructions when the bill is scheduled for floor action.

Health Care Reform Update

This week the Senate, Health, Education, Labor and Pensions (HELP) Committee approved its draft Health Care Reform measure, and the Finance Committee is expected to begin consideration next week.

In the House, the Education and Labor Committee approved its section of the bill (HR 3200) after a very long session lasting through the night on Thursday. The Ways and Means Committee also finished action on its portion of the legislation early Friday, while the Energy and Commerce Committee is expected to continue its proceedings on Monday.

BIAA will continue to monitor the situation closely as the House is hoping to send their bill to the floor before the August recess.
 

• Email This
• Print
• Comments
• Trackbacks

BIAA needs your help.  Take Action!

The Appropriations Subcommittee on Labor, Health and Human Services and Education begins consideration of the FY10 funding bill today!

Over the next few days, the House Appropriations Subcommittee on Labor, Health and Human Services and Education will be considering a bill which will provide the funding allocation for programs authorized through the TBI Act and for NIDRR's TBI-related research programs, including TBI Model Systems of Care.

Federal funding for these important TBI programs has remained stagnant over the last several years, as Congress has not provided increases sufficient to keep up with the increasing cost of doing business. The urgent need for increased federal support for a national TBI public health infrastructure and TBI research is further heightened by the recognition of TBI as the signature wound of the wars in Iraq and Afghanistan.

The time is now to urge Members of Congress to adequately fund TBI programs!


 

• Email This
• Print
• Comments
• Trackbacks

Dave Boran sent me this question based on a recent post.

I spent 23 years in the Canadian Forces. I have had this problem for over 20 years with no diagnoses. For they past 6 months I have been going to the gym, trying to get back into shape. I am 51 years old. I had 2 episodes at the gym. I will start to sweat, I'll get dizzy and I can't function or try and speak it will take me at least 15 minutes before I can get off the ground. Last week I wanted to try and run a mile and when I got to the highway it happened again. I almost got hit by a car. I should mention in
1986 i was involved in a motor vehicle accident and I rolled my truck. My truck was a refuelling truck. I was carring gas on the pod. Can you help.

Dave

 

Dave,
It sounds like you definitely have problems. I am not sure if you are in Canada or the U.S. but I would try contacting the Brain Injury Association of America at www.biaa.org and see if they can point you to some resources.

As to any legal case, and again I am not sure where your truck accident occurred, it seems that all statutes of limitation are long expired based on it happening 23 years ago. I hope you received compensation back then as deserved.

Good luck Dave.

Tim Titolo
 

The people at Titolo Law Office represent only those injured in car accidents, truck accidents, Death accidents, falls and most all injury accidents.  Please give us a call and find out how we can help you.

• Email This
• Print
• Comments (1)
• Trackbacks

Sarah D'Orsie of the Brain Injury Association of America provides the following update:

Brain Injury Association of America
Policy Corner E-Newsletter -- July 10, 2009
A weekly update on federal policy activity related to traumatic brain injury
__________________________________________________________________

In This Issue:
Appropriations Update
Health Care Reform Update
Fiscal Year 2010 Defense Authorization
_____________________________________________________________________

The Policy Corner is made possible by the Centre for Neuro Skills, James F. Humphreys and Associates, and Lakeview Healthcare Systems, Inc. Brain Injury Association of America gratefully acknowledges their support for legislative action.
_____________________________________________________________________
Appropriations Update

Today, July 10, 2009, the House Appropriations Subcommittee on Labor, Health and Human Services and Education will begin considering the Fiscal Year 2010 spending bill that will provide the funding allocation for programs authorized through the TBI Act and for NIDRR's TBI-related research programs, including TBI Model Systems of Care.

BIAA and other stakeholders authored a letter that was circulated today on Capitol Hill urging increased funding for TBI programs. Specifically:

• $11 million for the Centers for Disease Control and Prevention TBI Registries and Surveillance, Prevention and National Public Education/Awareness
• $20 million for the Health Resources and Services Administration (HRSA) Federal TBI State Grant Program
• $6 million for the HRSA Federal TBI Protection & Advocacy (P&A) Systems Grant Program
• 13.3 million for NIDRR's TBI Model Systems of Care Program
For further reading, a copy of the letter can be found on our web site by clicking on the following link:

http://www.biausa.org/elements/policy/2009/tbi_act_appropriations_2010_support_letter.pdf

If you would like to take action and encourage your Congressman to support increased funding for TBI programs, click on the link below to be directed to our legislative action center!

http://capwiz.com/bia/home/

BIAA will continue to monitor the Appropriations proceedings and alert grassroots advocates to take action when needed.
Health Care Reform Update

This week the Senate Health, Education, Labor and Pensions Committee has been continuing to consider its version of the health care overhaul, while the Finance Committee has yet to begin formal markups, but continues to discuss policy behind closed doors.

In the House, The chairmen of the Energy and Commerce, Education and Labor, and Ways and Means Committees are working on a final draft of a bill that could be released at any time. The House committees plan to mark up the legislation next week.

On July 2, 2009, BIAA circulated comments to the House Committees of Jurisdiction applauding their "efforts to design health care reform that will improve the accessibility, quality, effectiveness, and efficiency of patient care."

More specifically, the comments expressed BIAA's support of the protections and standards for qualified health plans included in the draft, such as no imposition of pre-existing condition exclusions, guaranteed access to essential benefits (including rehabilitation services), guaranteed issue and renewal, adequacy of provider networks, limits on cost sharing, no annual or lifetime limits on coverage, and consumer protections.

To see a full copy of the comments, click on the following link:

http://www.biausa.org/elements/policy/2009/biaa_house_tri_committee_health_reform_comments.pdf

BIAA will continue to follow the health care reform considerations carefully and advocate on behalf of the brain injury community.
Fiscal Year 2010 Defense Authorization

Next week the 2010 Defense Authorization bill is expected to dominate debate on the Senate floor. The bill was reported as an original bill by the Senate Armed Services Committee on June 2, 2009.

It is important to note that BIAA's cognitive rehabilitation position paper (http://www.biausa.org/elements/media/biaa_cog_rehab_position_statement_2007.pdf) was referenced in the official Committee Report that was released last week as saying, "The committee notes that the Brain Injury Association of America has recognized the benefits of cognitive rehabilitation therapy for brain injuries, and that there is a growing body of scientific evidence to support its efficacy."

BIAA will continue to watch the bill as it is considered next week and advocate for the inclusion of cognitive rehabilitation within TRICARE coverage for returning service members.

 

• Email This
• Print
• Comments
• Trackbacks

When Army Col. (Dr.) Kenneth Lee began evaluating more than 3,000 Wisconsin Army National Guardsmen called to duty last fall in the state's largest operational deployment since World War II to ensure their medical readiness, he approached the task with unique and personal insights.  Soldiers are not willing to reveal their injuries.

Between their initial alert last year and early this year, when they moved to their mobilization station at Fort Bliss, Texas, Lee had to put these Soldiers into one of two categories: "green" if they were deployable or "red" for they weren't.

It was a tough call, he admits, because many of the Soldiers didn't want to confess to issues that might keep them from deploying with their units. Some hid musculoskeletal or other injuries for fear they'd be forced out of the military if deemed nondeployable. Others acknowledged they had medical issues, but hadn't addressed them because they had no health insurance or couldn't spare time away from their civilian jobs to get treated.

But the bigger challenge, Lee said, was identifying troops with mental-health issues, including post-traumatic stress and traumatic brain injuries. Lee calls these "the invisible wounds" of war - issues that don't mean a Soldier can't deploy, but that have to be weighed when making that determination.
 

This problem has come up more and more as physicans and VET medical staff have dealt with returning vets.

I am currently handling a case for a man who underwent moderate to severe brain damage, surgery and near fatal seizures.  Yet when given the chance to return to Iraq for a tour of duty, he opts to go since his working ability as a civilian has plummeted. It is my hope that the military will identify the problems this man has and not let him go into harms way.  He is currently receiving training for preparedness to return to Iraq.

I have sent the medical records documenting the seizures and injury but find it difficult to get the attention of the military decision makers.  Therefore I advocate procedures like those taken by Army Col. (Dr.) Kenneth Lee.

• Email This
• Print
• Comments
• Trackbacks

The American Association of Justice published the following in response to President Obama's Seech to the American Medical Association on June 15, 2009:

“It’s clear America’s health care system is in crisis. Over 40 million people are without health insurance and costs are skyrocketing. President Obama is right that health care reform is needed now and patient safety should be the top priority.

“Empirically-based practice guidelines, developed by independent experts, is an idea we can support, as long as it does not lower quality or standards of care. Instead, these guidelines should lead to greater patient safety.

“According to the Institute of Medicine, 98,000 people die every year because of medical errors. Eliminating these errors, not further hurting the victims of negligence, is where lawmakers should focus their attention. By taking away the rights of people to hold wrongdoers accountable, the quality of health care will suffer tremendously.

“However, the notion that ‘defensive medicine’ is leading to higher health care costs is not supported by empirical data or academic literature. Recent news reports, CBO and GAO analyses, and statements from administration officials have shown that physicians will over-test and over-treat purely for financial reasons, unrelated to liability concerns.

“Limiting the legal rights of injured patients will do nothing to lower health care costs or aid the uninsured. We will work over the coming weeks and months to educate members of Congress and the administration on how to best protect victims of medical negligence.”
 

• Email This
• Print
• Comments
• Trackbacks

The New York Times advises that movie theaters are about to show anti consumer ads as part of a campaign by  www.facesoflawsuitabuse.org.

INSTEAD of the latest on Hollywood stars, moviegoers may get a dose of advocacy this month when they settle into their seats for the feature presentation.

Coming to theaters are commercials that are intended to spell out the perils of frivolous lawsuits as told by “everyday Americans,” including small-business owners who have been hit with costly lawsuits they believed were arbitrary and abusive.

This is the wrong message.  When the one who feels injured is the business owner, then retribution is appropriate.  But not if it is a consumer who is injured.  This makes no sense. 

Frivolous lawsuits are not a way of life for the vast majority of lawyers.  The news media simply portrays that myth.  And if any one believes the news media does not impact the masses then I have a frivolous lawsuit to sell them.

• Email This
• Print
• Comments
• Trackbacks

Although the A.M.A.’s highest legislative priority is capping jury awards, highly unlikely under the Obama administration, it does favor legislation like that proposed by Senators Obama and Clinton. Dr. Rohack said the group’s legislative experts were also working over the weekend to draft a bill that would set out a way to protect doctors who are sued if they have followed professional practice guidelines.

The New York Times reports that while President Obama spoke to doctors yesterday assuring them that he favors limiting malpractice suits, he definitely does not favor limiting malpractice awards.  He believes that limiting recovery for clear errors is bad for the victims of those medical errors.

His position on limiting malpractice suits with such things as the "Sorry" apology might be what it takes to bring Republicans to the table.

 

• Email This
• Print
• Comments
• Trackbacks

The Ruvo Center anchors the Medical Office District of downtown Las Vegas' Symphony Park.  It will provide breaking research and treatments for brain disorders such as Alzheimer's and Lou Gehrig's Disease.  I will keep my eye on this great addition to the Las Vegas medical community.

Marshall Allan at the Las Vegas Sun is also keeping an eye on the Center.

As the vision for the Ruvo Center for Brain Health evolved in the past decade, its most fantastic ambition became the curing of Alzheimer’s and other degenerative brain disorders.

But from the get-go, the founders knew they first had to provide emotional and logistical support for the patients, families and friends who deal with the repercussions of the grueling diseases.

Today, the Ruvo Center is moving aggressively on its quest to cure and treat the diseases, in partnership with the renowned Cleveland Clinic as the more expansive Cleveland Clinic Lou Ruvo Center for Brain Health. It will begin seeing patients in July at a facility that, for now, is best known for its daring Frank Gehry design.

Last week, the clinic turned its focus to the emotional and logistical needs of patients and caregivers.

Two dozen experts gathered as a sort of brain trust to help the Ruvo Center address the oft-forgotten social needs of caregivers and patients living with Alzheimer’s, Huntington’s, Parkinson’s and Amyotrophic Lateral Sclerosis (ALS).

The people who attended say the assembly was unprecedented, drawing experts from the likes of the Cleveland Clinic, Duke University, the Alzheimer’s Association. They came at the invitation of the Ruvo Center.

Read the full article here.

• Email This
• Print
• Comments
• Trackbacks

The American Assocation of Justice has released this and I have contacted my senator.  Please consider doing likewise.

I’m writing to alert each of you that on this coming Monday (at a time still to be determined) President Obama will be speaking to the American Medical Association. Please see the story below.

We are extremely concerned that once again he will advocate for some kind of medical malpractice “reform” in the health care bill. In fact, it is our present understanding that it is likely he will do so. We do not expect the speech to be long on specifics. We are on top of this situation, working with our Congressional allies on this urgently. We will inform all of you as to details as soon as we can. Stay tuned!

In the meantime, we need your help. Please contact your Senators and Representative and tell them that medical malpractice tort reform should not be included in the health care bill. The notion that Americans should have to relinquish one right in order to gain another is unacceptable.

Sincerely,
Linda A. Lipsen
Senior Vice President for Public Affairs
 

Obama to address AMA Delegates in Chicago
By Bruce Japsen
Tribune reporter
12:39 PM CDT, June 10, 2009
Amid the push in Washington for health care reform, President Barack Obama will on Monday address delegates to the American Medical Association, the Chicago-based national doctor group confirmed today.

The AMA's policy-making House of Delegates meets in Chicago beginning this weekend through next Wednesday. The national doctors group represents about a quarter of a million doctors across the country and its support of any effort to cover the more than 46 million uninsured Americans is seen as critical.

It's unusual for a president, let alone a non-physician, to address an AMA House of Delegates meeting. The AMA said the last president to do so was Ronald Reagan in 1983.

It will be only the second time Obama has been to Chicago since he became president. His previous visit, a three-night stay in mid-February, included a dinner out with his wife, a basketball game at the University of Chicago Laboratory Schools, morning workouts, visits with friends and a haircut. The White House has not yet said whether the president will spend part of his weekend in the city, before the AMA appearance on Monday.

On Thursday, Obama is scheduled to appear at a town hall style event in Green Bay, where he will also push for health care reform.
 

• Email This
• Print
• Comments
• Trackbacks

The Brain Injury Association of America continues its legislative efforts:

Brain Injury Association of America
Policy Corner E-Newsletter -- June 12, 2009
A weekly update on federal policy activity related to traumatic brain injury
__________________________________________________________________

In This Issue:
Cognitive Rehabilitation Coverage
Health Care Reform Update
NIDRR Grant Forecast
Coalition for Regenerative Stem Cell Medicine update

________________________________________

The Policy Corner is made possible by the Centre for Neuro Skills, James F. Humphreys and Associates, and Lakeview Healthcare Systems, Inc. Brain Injury Association of America gratefully acknowledges their support for legislative action.

________________________________________

Cognitive Rehabilitation Coverage

This week BIAA learned of two important victories centered around cognitive rehabilitation services. Anthem Insurance Companies (Anthem BC/BS, Anthem Health Plans) revised its cognitive rehabilitation coverage policy in December 2008 and cited BIAA's position paper among the authoritative sources consulted. Last month, United Health Care followed suit by publishing a coverage change in its May 2009 Network Bulletin .

Also this week, BIAA sent a letter to President Obama urging TRICARE coverage for service members. This is a follow up to the summit hosted by the Defense Centers of Excellence in April 2009, which was prompted by Congressional inquiries BIAA initiated last summer.

http://www.biausa.org/elements/policy/president_obama_letter_tricare_cog_rehab.pdf

Insurance coverage of cognitive rehabilitation has been a centerpiece of BIAA's policy efforts for the past three years. The Anthem and United Health Care coverage policies are important victories for people with brain injury as they provide fuel for our TRICARE advocacy and health care reform fight.

BIAA will continue to fight for TRICARE to cover cognitive rehabilitation services to ensure that our returning service members have access to the best health care available.

Health Care Reform Update

On June 9, 2009, the Senate Health, Education, Labor and Pensions (HELP) Committee released a draft health care reform bill. In summary, the draft would expand Medicaid eligibility to those with incomes up to 150 percent of the federal poverty level, impose federal tax penalties on most individuals failing to purchase coverage, mandate a public plan option, require employers to provide coverage or pay into a pool, and stiffen regulation of private health insurance plans.

Importantly, the plan eliminates life-time insurance caps as well as provides for the establishment of a medical advisory council that will submit a report to the Secretary of Health and Human Services including recommendations on essential health care benefits eligible for credits which includes rehabilitative services. In issuing the report, the council will ensure that the recommendations take into account the needs of diverse segments of the population including persons with disability.

The HELP committee plans to begin considering this bill on June 16, 2009. BIAA will continue to monitor the situation carefully.

NIDRR Grant Forecast

This week, The National Institute on Disability and Rehabilitation Research (NIDRR) announced it will include two TBI grant programs in its forecast for 2009. http://www.ed.gov/fund/grant/find/edlite-forecast.html#chart7

The first grant application notice, rehabilitation research and training centers (RRTC) on traumatic brain injury interventions, will be available on June 30, 2009, while the second, RRTC on developing strategies to foster community integration and participation for individuals with traumatic brain injury will be available on July 24, 2009.

BIAA will report on the details of these applications when they are released.

Coalition for Regenerative Stem Cell Medicine update

As part of the Coalition for Regenerative Stem Cell Medicine, BIAA enthusiastically endorses two important pieces of legislation aimed at advancing the therapeutic potential of newborn stem cells, the unique stem cells that can be collected immediately following birth from umbilical cord blood and the cord itself, as well as helping to advance the use of one's own newborn stem cells in regenerative medicine.

HR 1718 - The "Family Cord Blood Banking Act" amends Section 213(d) of the IRS Code to add cord blood banking services as a qualified medical expense. This change will allow individuals and couples to use tax advantaged dollars to pay for umbilical cord blood banking services through flexible spending accounts (FSAs), health savings accounts (HSAs) health reimbursement arrangements (HRAs) or the medical expenses tax deduction.

The "Family Cord Blood Banking Act" will make cord blood banking more affordable for American families and provides incentives to ensure that this valuable health resource is never thrown away.

HR. 2107 - The "Cord Blood Education and Awareness Act of 2009" will provide expectant mothers with straightforward, accurate and easy to understand information about the value of their child's umbilical cord blood stem cells. It will offer a government stamp of approval on all available cord blood banking options and will give expectant parents confidence in the information they are reviewing.

 

• Email This
• Print
• Comments
• Trackbacks

This in from the Brain Injury Assocation:

Brain Injury Association of America
Policy Corner E-Newsletter -- June 5, 2009
A weekly update on federal policy activity related to traumatic brain injury
__________________________________________________________________

In This Issue:
Health Care Reform Update
conTACT Act of 2009
Proposed NIDDR Priorities
_____________________________________________________________________
The Policy Corner is made possible by the Centre for Neuro Skills, James F. Humphreys and Associates, and Lakeview Healthcare Systems, Inc. Brain Injury Association of America gratefully acknowledges their support for legislative action.
_____________________________________________________________________
Health Care Reform Update

Currently, the Senate Finance Committee has reached no consensus on major provisions of the anticipated health care overhaul, raising doubts that it will be considered this month. Committee members remain at an impasse in part because members still lack a clear picture of what potential policy choices would cost.

The Congressional Budget Office (CBO), which estimates what legislation will cost the taxpayers, is scrambling to analyze dozens of policy options the committee is considering. Without cost estimates, lawmakers say it is difficult to decide which provisions they can support. (CQ)

BIAA will continue monitoring the situation closely.

 

The bill would require the Centers for Disease Control (CDC) to convene a conference to adopt official concussion guidelines. The bill would also provide grants to states for the purpose of ensuring that elementary and secondary schools implement these guidelines by funding computerized pre-season baseline and post-injury neuropsychological testing for student athletes.

If you have yet to take action, you may still participate by clicking the link below:

http://capwiz.com/bia/issues/alert/?alertid=13479091

BIAA Submits Comments to NIDRR in Response to Proposed Priorities for RRTCs

This week, BIAA submitted comments to the National Institute on Disability and Rehabilitation Research (NIDRR) specifically regarding the fourth priority included in the proposed plan for the Rehabilitation Research and Training Centers (RRTCs) entitled, "Developing Strategies to Foster Community Integration and Participation for Individuals with Traumatic Brain Injury."

BIAA expressed strong support for the inclusion of a brain injury related research priority. However, BIAA also detailed some concerns related to the strategies used in the priority to foster community integration and participation for affected individuals. As proposed, this priority would develop a classification system based on symptoms experienced by individuals with TBI who are living in the community.

BIAA explained that no two brains are alike and each and every individual presents with different symptoms, and each injury results in different challenges. Therefore, trying to categorize these injuries could be counterproductive to the priority's goal.

BIAA also suggested several suggestions in lieu of a categorization strategy. For further reading, the full text will be posted on BIAA's web site shortly.

 

BIAA mobilizes Grassroots Advocates in Support of The conTACT ActOn Thursday, June 4, 2009, BIAA circulated an action alert with the intent to urge members of Congress to sign on to HR 1347, the Concussion Treatment and Care Tools Act of 2009(ConTACT Act).

 

• Email This
• Print
• Comments
• Trackbacks

The Brain Injury Association of America updates us on the legislative activities.

Health Care Reform Update

This week the Senate Finance Committee engaged in three daylong sessions to discuss various policy options that may be included in a Health Care Reform bill later this year.

As reported by Congressional Quarterly, Senator Baucus, the Chairman of the Senate Finance Committee, was not very enthusiastic when asked whether committee members had reached consensus on any issues. However, he did say that he sensed some common ground on broader issues and believes his committee is moving towards a "convergence" on these issues that are expected to be debated next month.

As always, BIAA will continue to monitor any health care reform related progress. If you have not yet taken action and emailed your Senators and Representatives regarding the brain injury guiding principles, you may still do so by clicking the following link:

http://capwiz.com/bia/home

Senate Finance Committee Health Care Delivery System Comments

On Friday, May 15, 2009, BIAA submitted comments to the Senate Finance Committee in response to their proposed set of recommendations regarding health care delivery system reform.

BIAA expressed support for several recommendations with respect to the coordination of chronic conditions but also made clear within the submission that the organization is strongly opposed to the bundling of post-acute care as it applies to persons with brain injury.

To view the full document, click on the link below:

http://www.biausa.org/elements/policy/2009/biaa_finance_committee_response.pdf

DCoE Launches Real Warriors Anti-Stigma Campaign

On Thursday May 21, 2009, The Defense Centers of Excellence for Psychological Health and Traumatic Brain Injury (DCoE) launched a public awareness campaign focused on combating the stigma associated with seeking care and treatment for psychological health and Traumatic Brain Injury (TBI).

For more information, visit http://www.realwarriors.net/ . The Real Warriors Web site features articles and resources as well as video interviews with service members, their families and others dealing with psychological health and/or TBI.

BIAA has been an active partner in this campaign and will continue to work towards its success with the DCoE.
 

• Email This
• Print
• Comments
• Trackbacks

BIAA reports:

Health Care Reform Update

This week House Democratic leaders vowed to pass a comprehensive overhaul of the nation's health care system before the Congressional recess in August. Speaker Nancy Pelosi, Majority Leader Steny Hoyer, and the chairmen of three committees with jurisdiction over this issue made the pledge following a morning meeting with President Obama. The President restated the importance of the effort as a necessary step for containing long-term budget deficits.
 

• Email This
• Print
• Comments
• Trackbacks

The Las Vegas Review Journal reports on the state of legislative activity on un-capping medical malpractice lawsuits.  The caps limit injured individuals from recovering compensation from negligent doctors for their injuries.

An Assembly-approved bill to let some patients seek unlimited damages in medical malpractice lawsuits was being held up in the Senate in apparent retaliation for an Assembly committee chairman's decision to sit on two Senate-passed construction defect bills.

Though no one had told him directly, Assembly Judiciary Chairman Bernie Anderson, D-Sparks, said he had heard that the Senate Judiciary Committee won't act on Assembly Bill 495 unless his committee passes Senate bills 337 and 349.

The Senate committee on Wednesday cancelled a scheduled hearing on the medical malpractice bill. Under legislative rules, the bills must be approved by their respective committees by the end of business Friday or they cannot be passed during this Legislature.

The chairman of the Senate Judiciary Committee, Sen. Terry Care, D-Las Vegas, said only that he spoke with Anderson earlier Wednesday about the medical malpractice bill, which passed the Democrat-controlled Assembly in April on a 26-15 party-line vote.

The proposal would lift the $350,000 cap on pain and suffering damages in lawsuits where doctors are found guilty of gross negligence.

The bill was drawn up in part by colonoscopy patients in Las Vegas who believe they were hurt by the deliberate negligence of doctors and now are being hurt by a system that limits their damages.

More than 50,000 patients at two now-closed outpatient clinics in Las Vegas were notified last year that they might have been exposed to blood-borne diseases because of shoddy injection practices by clinic staffers. Nine people contracted hepatitis C, and another 105 cases might be linked to the clinics.

Anderson said the bill is straightforward and will help these patients. He also acknowledged the testimony of some doctors who said the bill would lead to higher malpractice insurance rates and drive them out of Nevada.

"Keeping doctors in Nevada is one of our priorities, but what happened in my mind in the South was gross negligence," he said.

http://www.lvrj.com/news/44970727.html 

• Email This
• Print
• Comments
• Trackbacks

Dr. Weisner, a physician in Las Vegas with specific training and interest in neurology, writes the following.

Tim,
As I read your blog I see an article that is written so any person can understand your subject matter. Topics relating to neurology can be difficult to understand especially to persons without a medical background. The range of subjects too is good in regards to the breadth. You are without doubt the authority in the legal community of Las Vegas. I would like to add your personal knowledge of matter of TBI rival that of many physicians I work and refer to. I would like all who read this that Tim has taken it upon himself to not only understanding the difficult issues of brain injury but, has taken the time and considerable effort to make sure he passes what he knows on to all who are interested. This takes considerable time and effort all of which cannot be financially motivated, he does it because he truly cares and is passionate about what he does. Don't believe me, just wait in his lobby sometime and overhear his phone conversations .... Sorry to joke but anyone who has been in your office knows what I'm saying.... For the general public you will not find a more concise and written blog made to be understood by the general public. For me personally, keep the links coming in regards to research and the medical review.

Excellent job !!

Dr. Brett Wiesner
Summerhill Chiropractic and Neurology Center,
Las Vegas 

• Email This
• Print
• Comments
• Trackbacks

The BIAA keeps us apprised of the latest legislation:

Health Care Reform Update

Lawmakers are now developing policy options that could become part of the national health care reform, but currently no legislation has been introduced and there are no specific bills to support or oppose. In anticipation of both proposed and final legislation, BIAA has adopted five guiding principles (below) designed to aid Congress in drafting language that would increase access to treatment for individuals with brain injury.

Guiding Principles:

1. Recognize brain injury is a disease.
2. Focus on medical necessity.
3. Provide access to the full treatment continuum.
4. Use accredited programs, interdisciplinary team of qualified/specialized clinicians, and appropriate treatment settings based on patient and family choices and aspirations.
5. Hold private insurers accountable for the premiums they collect; avoid Medicare/Medicaid as first option for coverage.

These principles are explained in a Brain Injury Health Care Pledge that can be signed and supported by members of congress who want to make sure that the unique needs of those with brain injury are addressed in the final health care plan. Our goal is to encourage all Representatives and Senators to sign this pledge to raise awareness and understanding of how proposed policies could impact people with brain injury, family members, researchers and clinicians.

On May 6, 2009, BIAA circulated an action alert that included the pledge in the body of the message advocates send to their Representatives and Senators. If you haven't taken action by asking your members of congress to support the pledge, you may still do so by clicking on the following link:

http://capwiz.com/bia/home/

BIAA's full position paper explaining each guiding principle, an executive summary, and a detailed article from The Challenge! regarding our positions on health care reform can also be found on our website by clicking on the link below.

http://www.biausa.org/policyissues.htm#library

In support of BIAA's health care reform campaign, BIAA leaders and staff participated in several high level meetings in the House, Senate, and the White House to encourage support for these principles.

BIAA gained the support of the Co-Chairmen of the Congressional Brain Injury Task Force (Rep. Pascrell, Rep. Platts), who circulated a letter to their House of Representatives colleagues encouraging them to sign the Brain Injury pledge. BIAA will continue to reach out to members of both the House and the Senate to secure brain injury treatment in health care reform proposals.

Appropriations Update

President's FY10 Budget Proposal Released

TBI Act, Department of Health and Human Services

The White House proposes to sustain funding for the Health Resources and Services Administration (HRSA) Federal TBI Program, which provides grants to state agencies and protection and advocacy organizations to improve access to health and other services for individuals with traumatic brain injury (TBI) and their families. The President's plan proposes $10 million be allocated to HRSA, the same amount designated in FY09.

For the past three years, President Bush had proposed to eliminate the HRSA TBI Program funding in his budgets. BIAA applauds President Obama's decision to preserve this program, although still underfunded, so that we can continue to address the huge public health problem of traumatic brain injury

NIDRR, Department of Education

The President's budget proposal slates a $3 million increase for the National Institute on Disability and Rehabilitation Research (NIDDR), going from $108 million in FY09 to $111 million in FY10. Although BIAA is thrilled about this increase, we will continue to advocate for increased funding for the TBI Model Systems of Care as the appropriations process advances this summer.

BIAA submits FY10 testimony to both the House and Senate Appropriations Committees

This week, BIAA submitted testimony to the House and Senate Appropriations Committees, Subcommittees on Labor, Health and Human Services, Education and Related Agencies.

http://www.biausa.org/policyissues.htm#testimony

The testimony detailed the importance of appropriating $37 million to preserve and advance TBI Act Programs, as well as the need to designate $13.3 to sustain and bolster health and function research -- including the TBI Model Systems of Care, Rehabilitation, Research & Training Centers; and field-initiated investigations---within the National Institute on Disability and Rehabilitation Research (NIDRR).

NIDDR Releases notice of proposed priorities for RRTCs and RERCs

This week the Assistant Secretary for Special Education and Rehabilitative Services under the Department of Education proposed funding priorities for the Disability and Rehabilitation Research Projects and Centers Program administered by NIDRR. Specifically, this notice proposes four priorities for the Rehabilitation Research and Training Centers (RRTCs) and three priorities for the Rehabilitation Engineering Research Centers (RERCs).

Notably, the proposed priorities for RRTCs include "Developing Strategies to Foster Community Integration and Participation (CIP) for Individuals with Traumatic Brain Injury." The goal of this priority is to develop a classification system based on symptoms experienced by individuals with TBI who are living in the community.

This classification system can be used to link the post-rehabilitation consequences of TBI with CIP-oriented interventions. Such a classification will allow practitioners and researchers to better match individuals with TBI with specific interventions, and to better characterize their study samples.

BIAA applauds the Assistant Secretary for proposing this priority and will continue to advocate in its favor.

BIAA endorses the Heroes at Home Act of 2009

This week, BIAA submitted a letter to the House Veteran's Affairs Committee, Subcommittee on Health urging consideration of the Heroes at Home Act of 2009 (HR 667). The bill would significantly improve support for family caregivers of returning service members with TBI and acknowledge the critical role played by family caregivers in facilitating recovery from brain injury and the pressing need for training, certification and financial compensation of caregivers.

BIAA will continue to advocate for the swift passage of this bill as the 111th Congress progresses. The legislation currently has 36 cosponsors.

BIAA submits letter of endorsement for the Concussion Treatment and Care Tools Act of 2009 (conTACT)

BIAA submitted a letter to the House Energy and Commerce Committee encouraging swift passage of the conTACT Act of 2009 (HR 1347), applauding the bill's proposal to provide grants to states to ensure that elementary and secondary schools implement concussion management guidelines by funding computerized pre-season baseline and post-injury neuropsychological testing for student athletes.

BIAA will continue to track the progress of this measure and will advocate on its behalf.

BIAA Urges Cosponsorship of the National Neurotechnology Initiative Act

On April 22, 2009, BIAA circulated an action alert targeting House Members to cosponsor the National Neurotechnology Initiative Act of 2009 (HR 1483). The bill would promote discoveries and accelerate the development of new and safer treatments for brain-related illness, injury and disease.

The action alert message also details the need to initiate much-needed coordination among federal agencies with respect to research, while adding efficiency in the regulatory approval processes that would shorten development times and lead to more and better treatments for TBI and other neurological conditions.

You can still access this alert and take action by clicking on the link below!

http://capwiz.com/bia/issues/alert/?alertid=13209766
 

• Email This
• Print
• Comments (1)
• Trackbacks

Local and successful realtor, Frank Napoli, reads my blog.  He recently wrote: 

The Good The Bad The Ugly. It's all Good. I was introduced to your Blog & am looking foward to continued information & comments. A lot for me to catch up to but information I want to have. This is a side of life I am aware of but have very little knowledge. The more you know the less your blindsided.
Thankyou for your efforts.

• Email This
• Print
• Comments
• Trackbacks

You are very welcome. Thank you so much for the feedback and I will continue blogging and following articles like Dr. Kabin’s situation.

March saw a third indictment against Dr. Kabins.  Things are far from over for him as George Knapp posted in March 2009.

Readers might recall that one reason the charges against Gage and Awand were dismissed (and are now under appeal) is that Dr. Kabins demanded he be given immunity to testify for the defense in the Gage trial. Federal prosecutors had no intention of giving him immunity since he is considered one of the central targets in the massive investigation. Now Kabins will be facing his own charges.

Tim

Titolo Law Office
Timothy R. Titolo
tim@titololawoffice.com
www.titololawoffice.com
10100 W. Charleston Blvd. Suite 100
Las Vegas, Nevada 89135
tel: (702) 869-5100

 

Robert Simons posted:

Tim;Thank you for all your articles that you provide.This case with Dr.Mark Kabins i find very interesting because the 3-years i was under his care was hateful.Besides being lied to constantly and him shedding tears at every appt. and my denial of transfer of care was denied it has ruined me with what i think about trusting dr's (vegas). Keep up the great info web-site i find it very ood for me,thanks.

 

 

• Email This
• Print
• Comments
• Trackbacks

The Nevada Assembly voted 26-15 on Monday to pass legislation that would remove a $350,000 cap on jury awards for non-economic damages in medical liability lawsuits, the Las Vegas Sun reports.

The cap was approved by voters in 2004 after concern was raised that higher medical malpractice insurance premiums were driving some doctors out of the state.

The bill would permit unlimited damages for instances of gross negligence and would give patients an additional 12 months to decide if they want to file a lawsuit (McGrath Schwartz, Las Vegas Sun, 4/20).

• Email This
• Print
• Comments
• Trackbacks

This is a request I sent to my clients in an effort to get feedback on this BLOG.  I am sending it out for anyone's response and GREATLY appreciate your time and effort:  The good, the Bad and the Ugly.  Thanks.

Hello

Over the years I have tried to help you with your case and I hoped I achieved some level of success. Now I am hoping for you to do me a favor.

As you know I have a BRAIN and SPINE INJURY LAW BLOG http://www.brainandspine.titololawoffice.com that I write. I am hoping to get a little feedback from you. I would appreciate your taking 3-5 minutes to tell me what you think about the blog. Hate it, like it – whatever. How to improve it – what you would recommend I cover as topics.

To begin with please answer the following questions:
1. Do you receive the blog in your email? (please click on link http://www.brainandspine.titololawoffice.com to confirm the blog’s image.)
2. Do you immediately erase it a) always b) sometimes c) never and do you read it?

Please go to the COMMENTS section of any post as you look at the blog and let me know your thoughts. I greatly appreciate your time.

I wish you continuing health and prosperity.

Tim Titolo

Titolo Law Office
Timothy R. Titolo
tim@titololawoffice.com
www.titololawoffice.com
10100 W. Charleston Blvd. Suite 100
Las Vegas, Nevada 89135
tel: (702) 869-5100
 

 

 

• Email This
• Print
• Comments (3)
• Trackbacks

BIAA staying on top of the legislature reports the following:

Appropriations Update

On Wednesday, marking President Obama's first 100 days in office, Congress adopted a fiscal year 2010 budget resolution, setting the stage for action on many of his top legislative priorities. Being a non-binding framework used by Congress to make legislative decisions on taxes, appropriations and entitlement programs later in the year, it is important to note that the $3.56 trillion budget resolution includes reconciliation instructions that would allow the President's proposed healthcare overhaul to move through Congress immune from a Senate filibuster. (CQ)

BIAA will continue to monitor the appropriations process with a special edition of Policy Corner next Wednesday. The President's budget, in its entirety, is expected to be released early next week.
 

• Email This
• Print
• Comments
• Trackbacks

This policy news and udate just in from the BIAA.

Brain Injury Association of America
Policy Corner E-Newsletter -- April 24, 2009
A weekly update on federal policy activity related to traumatic brain injury
__________________________________________________________________

In This Issue:
Healthcare Reform
Appropriations Update
HHS Nomination
DRRC Testimony to ICDR
_____________________________________________________________________

The Policy Corner is made possible by the Centre for Neuro Skills, James F. Humphreys and Associates, and Lakeview Healthcare Systems, Inc. Brain Injury Association of America gratefully acknowledges their support for legislative action.
___________________________________________________________________

Following a two week recess, Congress was back in the swing of things this week moving forward on preliminary meetings regarding healthcare reform as well as negotiations on the pending 2010 budget resolution.

Healthcare Reform

Next week, BIAA will engage in a series of meetings in the House, Senate, and the White House to discuss healthcare reform principles that would benefit the brain injury community. Please be sure to check back in next week's Policy Corner for action instructions. We need everyone's support to make sure that people with brain injury are heard in this debate!

Appropriations Update

This week, the House and Senate have agreed on a tentative deal on major elements of the fiscal year 2010 budget resolution which includes fast-track procedures for healthcare reform, but would cut $10 billion from the President's discretionary spending request.

The negotiators plan to hold a formal conference committee meeting next week. In the mean time, behind-the-scenes negotiations will continue today and through the weekend. According to CQ, democratic leaders would like to have the final budget adopted next week as President Obama marks his first 100 days in office.

BIAA will continue to monitor the situation as the Appropriations process moves forward.

Senate Approves HHS Nomination

On Tuesday, a Senate panel approved the nomination of Kansas Gov. Kathleen Sebelius to be Health and Human Services secretary, clearing the way for her expected confirmation, although the timing of a vote is unclear.

BIAA will watch this process closely as Healthcare Reform continues to take shape.

Interagency Committee on Disability Research Recommendations

Last week, as part of the Disability and Rehabilitation Research Coalition, BIAA answered the call for research topic recommendations by the Interagency Committee on Disability Research (ICDR).

The their testimony, DRRC focused on how well the existing federal research programs are responding to the changing needs of individuals with disabilities and suggested specific ways to improve future disability and rehabilitation research such as:

* Develop a comprehensive government-wide strategic plan for disability and rehabilitation research.

* Develop government-wide methods for identifying disability and rehabilitation research as well as subtopics (e.g., studies of body structure/function deficits, activities, participation, capacity building activities, treatment and service effectiveness research) so that the magnitude and trends in disability and rehabilitation research across various agencies can be tracked.

* Develop guiding principles for conducting disability and rehabilitation research.

* Support a research agenda-setting summit bringing together policymakers, representatives from federal agencies, non-governmental funders of rehabilitation research, and organizations representing researchers, providers, and individuals with disabilities. The agenda should include but not be limited to consideration of the recommendations by IOM in the 1991, 1997 and 2007 reports on disability; what about the President's New Freedom Commission in Mental Health Recommendations ( 2003) and the recommendations of the Rehabilitation Medicine Summit: Building Research Capacity (April 2005), as well as a review of the progress the nation has made in implementing these recommendations.

* Increase federal funding significantly in various agencies performing rehabilitation and disability research.

* Elevate the status of NCMRR within the National Institutes of Health.

* Clarify NIDRR's role to include health and function research as integrally related to employment and community participation research, or Congress may want to consider moving the health and function responsibilities to another agency.

* Create an Office of Disability and Health in the CDC.

* Examine the role of the VA/DoD research programs and enhance the interaction between these programs and civilian disability and rehabilitation research capacity.

* Expand support for efficacy studies documenting the benefit (including cost-benefit) of rehabilitation services, supports, treatments, and devices, including support for large scale randomized clinical trials (where appropriate).

* Support efforts to enhance knowledge translation so that research is more efficiently translated to practice and practice to research in the rehabilitation and disability fields.

* Expand and improve the authority of ICDR to coordinate disability and rehabilitation research among the federal agencies.

 

• Email This
• Print
• Comments
• Trackbacks

This policy news and udate just in from the BIAA.

Brain Injury Association of America
Policy Corner E-Newsletter -- April 24, 2009
A weekly update on federal policy activity related to traumatic brain injury
__________________________________________________________________

In This Issue:
Healthcare Reform
Appropriations Update
HHS Nomination
DRRC Testimony to ICDR
_____________________________________________________________________

The Policy Corner is made possible by the Centre for Neuro Skills, James F. Humphreys and Associates, and Lakeview Healthcare Systems, Inc. Brain Injury Association of America gratefully acknowledges their support for legislative action.
___________________________________________________________________

Following a two week recess, Congress was back in the swing of things this week moving forward on preliminary meetings regarding healthcare reform as well as negotiations on the pending 2010 budget resolution.

Healthcare Reform

Next week, BIAA will engage in a series of meetings in the House, Senate, and the White House to discuss healthcare reform principles that would benefit the brain injury community. Please be sure to check back in next week's Policy Corner for action instructions. We need everyone's support to make sure that people with brain injury are heard in this debate!

Appropriations Update

This week, the House and Senate have agreed on a tentative deal on major elements of the fiscal year 2010 budget resolution which includes fast-track procedures for healthcare reform, but would cut $10 billion from the President's discretionary spending request.

The negotiators plan to hold a formal conference committee meeting next week. In the mean time, behind-the-scenes negotiations will continue today and through the weekend. According to CQ, democratic leaders would like to have the final budget adopted next week as President Obama marks his first 100 days in office.

BIAA will continue to monitor the situation as the Appropriations process moves forward.

Senate Approves HHS Nomination

On Tuesday, a Senate panel approved the nomination of Kansas Gov. Kathleen Sebelius to be Health and Human Services secretary, clearing the way for her expected confirmation, although the timing of a vote is unclear.

BIAA will watch this process closely as Healthcare Reform continues to take shape.

Interagency Committee on Disability Research Recommendations

Last week, as part of the Disability and Rehabilitation Research Coalition, BIAA answered the call for research topic recommendations by the Interagency Committee on Disability Research (ICDR).

The their testimony, DRRC focused on how well the existing federal research programs are responding to the changing needs of individuals with disabilities and suggested specific ways to improve future disability and rehabilitation research such as:

* Develop a comprehensive government-wide strategic plan for disability and rehabilitation research.

* Develop government-wide methods for identifying disability and rehabilitation research as well as subtopics (e.g., studies of body structure/function deficits, activities, participation, capacity building activities, treatment and service effectiveness research) so that the magnitude and trends in disability and rehabilitation research across various agencies can be tracked.

* Develop guiding principles for conducting disability and rehabilitation research.

* Support a research agenda-setting summit bringing together policymakers, representatives from federal agencies, non-governmental funders of rehabilitation research, and organizations representing researchers, providers, and individuals with disabilities. The agenda should include but not be limited to consideration of the recommendations by IOM in the 1991, 1997 and 2007 reports on disability; what about the President's New Freedom Commission in Mental Health Recommendations ( 2003) and the recommendations of the Rehabilitation Medicine Summit: Building Research Capacity (April 2005), as well as a review of the progress the nation has made in implementing these recommendations.

* Increase federal funding significantly in various agencies performing rehabilitation and disability research.

* Elevate the status of NCMRR within the National Institutes of Health.

* Clarify NIDRR's role to include health and function research as integrally related to employment and community participation research, or Congress may want to consider moving the health and function responsibilities to another agency.

* Create an Office of Disability and Health in the CDC.

* Examine the role of the VA/DoD research programs and enhance the interaction between these programs and civilian disability and rehabilitation research capacity.

* Expand support for efficacy studies documenting the benefit (including cost-benefit) of rehabilitation services, supports, treatments, and devices, including support for large scale randomized clinical trials (where appropriate).

* Support efforts to enhance knowledge translation so that research is more efficiently translated to practice and practice to research in the rehabilitation and disability fields.

* Expand and improve the authority of ICDR to coordinate disability and rehabilitation research among the federal agencies.

 

• Email This
• Print
• Comments
• Trackbacks

Dear Senator:

I am in support of AB495, a bill which will no longer protect health care providers when they injure patients. The measure voters approved was designed to limit frivolous lawsuits. It was not intended to protect doctors like Dr. Desai, who has placed the health of patients at risk. Unfortunately, when you give people special legal protections, there is always someone who will try to take advantage.

I am representing a woman whose bile duct remained shut after receiving a pyloric stenosis (stomach thickening condition most often found in infants) surgery. The surgical clips were left in her bile duct. She has three bags of fluid accumulation outside her body which she has to dump and reload several times a day. Additionally her body is unable to absorb food so she is administered nutrition intravenously at night. This has been going on since January 2009. She was referred after the botched surgery to UCLA where she is scheduled to return for corrective surgery. Limiting this woman’s recovery to alleviate this physician’s insurance responsibilities and his insurance company’s profit is unconscionable.

Please right the injustice created when the medical malpractice initiative was passed. Please vote for AB495.

Tim Titolo
 

• Email This
• Print
• Comments
• Trackbacks

California-based College Hospitals has agreed to pay $1.6 million to settle charges that two of its campuses improperly discharged and transported about 150 psychiatric patients to homeless shelters in downtown Los Angeles, City Attorney Rocky Delgadillo's office announced on Wednesday, the AP/Kansas City Star reports (Tayefe Mohajer, AP/Kansas City Star, 4/8). City officials alleged the infractions, by College Hospitals' facilities in Costa Mesa and Cerritos, occurred between 2007 and 2008.

The Los Angeles Times reports that the process was discovered by state officials after Steven Davis -- who was diagnosed with schizophrenia, bipolar disorder and schizoaffective disorder -- was treated at the Costa Mesa campus and then taken in a hospital van more than 40 miles to downtown Los Angeles and dropped off at a homeless shelter. Officials at the shelter complained to the hospital about its action. The van returned and dropped Davis off at a second shelter, but Davis "wandered away without ever entering," the Times reports. City prosecutors then uncovered what they described as the largest case of "homeless dumping" they have encountered, according to the Times (DiMassa/Winton, Los Angeles Times, 4/9).

Under the settlement, College Hospitals will give $1.2 million to charities that care for the mentally ill and homeless and pay $400,000 in civil penalties (AP/Kansas City Star, 4/8). College Hospitals also will have one year to establish written protocols for releasing patients, including locating resources to care for them and obtaining voluntary consent before patients are transported. The two facilities will be barred from taking patients to any homeless shelter within a "patient safety zone" set up in downtown L.A. Delgadillo said, "Dumping patients who are sick or mentally ill on the streets of Skid Row is an unconscionable act," adding, "It's illegal, it's immoral and it has to stop" (Perkes, Orange County Register, 4/8).

College Hospitals attorney Glenn Solomon said that the hospital denies any wrongdoing and that its actions never amounted to "homeless dumping." He added that the hospital agreed to the settlement to establish a workable policy for dealing with homeless patients in the future. "It's the policy of the hospital ... to discharge each and every patient appropriately," Solomon said (Los Angeles Times, 4/9). He added, "The hospital believes it's a good thing to be at the forefront of developing these protocols" (Orange County Register, 4/8).

Reprinted with kind permission from http://www.kaisernetwork.org. You can view the entire Kaiser Daily Health Policy Report, search the archives, or sign up for email delivery at http://www.kaisernetwork.org/dailyreports/healthpolicy. The Kaiser Daily Health Policy Report is published for kaisernetwork.org, a free service of The Henry J. Kaiser Family Foundation.

• Email This
• Print
• Comments
• Trackbacks

In an investigative report yesterday, the New York Times released a story on the strong bias of IME doctor for insurers.

In the report, a New York IME doctors admits, "If you did a truly pure report, you'd be out on your ears and the insurers wouldn't pay for it. You have to give them what they want, or you're in Florida. That's the game, baby."

Carol Houlder, a substance abuse counselor, waited a year for surgery on her injured ankle to be approved. “I was in so much pain and felt so hopeless for so long,” she said.

Read the whole NY Times article by clicking here.

• Email This
• Print
• Comments
• Trackbacks

This week brings good news that Lawmakers introduced an Assembly bill that would remove the key element of the 2004 medical malpractice reform initiative: Namely, the $350,000 cap on pain and suffering.  The incentive for the bill is the Hepatitis C crisis unfolding in Southern Nevada. The bill also allows additional time to file claims.

Medical malpractice is any action for personal injury against a healthcare provider based on professional negligence. This term is most often used to apply to a law suit brought by a patient against his or her physician as a result of getting “bad care.”

We all may recall the “Keep Our Doctors in Nevada” propaganda in 2003 that ultimately persuaded the vote to reform malpractice lawsuits. The insurance companies, leading the bridled doctors along with them, convinced unknowing consumers that their insurance premiums were rising and the selection of doctors lowering because lawyers were filing frivolous medical malpractice lawsuits.

I was trying a medical malpractice case in the old courthouse when the initiative was on the ballot. I remember watching my jurors have to cross the picketers on the courthouse steps holding signs to “Keep Our Doctors in Nevada!” I won the case but the jury told me later they thought they could only award $350,000!  My client had permanent brain damage.

From 2003 until present, doctors have gotten away with as much as using contaminated needles on patients passing along viruses. Hopefully consumers and voters have come to their senses regarding holding the medical professionals they trust with their care accountable.

This is an important issue that I will keep my eye on.

• Email This
• Print
• Comments
• Trackbacks

Appropriations Action on Federal TBI Programs Just Around The Corner

Over the next few weeks, both the House and Senate Appropriations Subcommittees will be working to craft the FY 2010 Labor, Health and Human Services (HHS), and Education Appropriations bill, which will provide the funding allocation for programs authorized through the TBI Act and for NIDRR's TBI-related research programs, including TBI Model Systems of Care.

Federal funding for these important TBI programs has remained stagnant over the last several years, as Congress has not provided increases sufficient to keep up with the increasing cost of doing business. The urgent need for increased federal support for a national TBI public health infrastructure and TBI research is further heightened by the recognition of TBI as the signature wound of the wars in Iraq and Afghanistan.

With a new Administration in power, and a renewed focus on improving the nation's health care system, the need to adequately fund TBI programs must be clearly communicated to Members of Congress IMMEDIATELY.

To urge your representatives in Congress to increase funding for TBI programs this year, click this "Take Action" link.
 

• Email This
• Print
• Comments
• Trackbacks

The Las Vegas Review Journal ran a story describing  troubles for alocal spine surgeon and other participants of a possible conspiracy to defraud personal injury clients/patients. The AP reported the following:

A Las Vegas spine surgeon has been indicted on charges that he was part of a personal injury insurance fraud scheme.

Dr. Mark Kabins was due to appear Wednesday before a magistrate judge in U.S. District Court in Las Vegas on charges of conspiracy and seven counts of mail and honest services fraud.

U.S. Attorney Gregory Brower says Kabins could face 20 years and a $250,000 fine on each charge.

The 48-year-old Kabins is accused of falsifying medical records and conspiring with consultant Howard Awand and attorney Noel Gage to defraud a woman who was paralyzed following back surgery in 2000.

A federal judge last year dismissed charges against Gage and Awand after prosecutors refused to grant Kabins immunity for his testimony.
 

• Email This
• Print
• Comments (1)
• Trackbacks

H.Res. 178 Update

On Tuesday, March 10, 2009, H.Res. 178, a measure designating March as Brain Injury Awareness Month, was considered in a Business Meeting of the Committee on Oversight and Government Reform. The Resolution was presented to the Committee with 88 co-sponsors.

Once the committee adopts this Resolution, it will travel to the house floor to await chamber consideration.

The Brain Injury Association of America will keep all affiliates updated on the outcome. In the meantime, if you would like to view the Resolution, or see a current list of the co-sponsors, please visit www.thomas.gov.
 

• Email This
• Print
• Comments
• Trackbacks

Siegfried and Roy performed for the Lou Ruvo Brain Institute in Las Vegas.  Mike Weatherford of the Las Vegas Review Journal covered the story:

Siegfried & Roy never had a proper goodbye.

The legendary Las Vegas illusionists were never sure how long they would carry on. But retirement was forced on them in October 2003 when Roy Horn was mauled onstage by one of his show tigers.

Six years after Horn's determined rehabilitation, the two returned for a brief performance Saturday night that was both a comeback and a farewell, performing in front of about 1,000 people at the Keep Memory Alive fundraiser for the Lou Ruvo Brain Institute.

The short performance that capped a live auction began with a hooded torch-bearing acolyte walking onstage after the introduction, "The spirit of Siegfried and Roy has just arrived."

Some audience members upfront seemed to recognize right away that it was Horn. but it wasn't until the end of the performance, when the duo materialized one of their signature white tigers, that the masks came off and the two revealed themselves to a rousing ovation.

There were no words spoken to the audience beyond brief recorded bits of wisdom played over the speakers.

While there was no mention made to the crowd, their manager, Bernie Yuman, said through a publicist that the tiger in Saturday's show was Montecore, the tiger that inflicted the near-fatal injury on Roy.

Siegfried Fischbacher and Horn were trying to figure out when and how to bow out gracefully even before the accident that put an abrupt end to their show on Oct. 3, 2003.

The Mirage hit had been running for 131/2 years and 5,750 performances.

Horn had just celebrated his 59th birthday. But Fischbacher already had passed 60.

Questions of how long their bodies were up to the task were just as relevant as whether Cirque du Soleil and the new Celine Dion spectacular had eclipsed the Mirage spectacle that reinvented Las Vegas entertainment.

The magicians' real age became part of the grand illusion, except on the rare occasions when knee surgery or the flu would force a cancelation.

"The pain and drama and all that comes with the territory. That's irrelevant," Horn once said with a dismissive wave. Audiences "come to forget their problems. They don't need to hear about ours."

But the fact is, the two had worked tirelessly, with few breaks, from their earliest inroads on the Strip, as a 12-minute Tropicana "Folies Bergere" specialty act in 1967.

"For the first 15 years in Las Vegas, we worked seven days a week with no vacation and three shows on Fridays and Saturdays," Fischbacher once noted. "And we had to do it. There was no other choice."

The duo were the highest-paid specialty act in Las Vegas by 1981, when they opened their own show, "Beyond Belief," with backing from circus impresarios Irvin and Kenneth Feld.

The Frontier opus logged 3,500 performances for more than 3 million people.

The Mirage was the next big milestone.

"Sometimes it upsets me that Cirque has become so huge and everybody puts them on a pedestal," production designer Andy Walmsley, whose stage sets include "American Idol," noted recently. "People forget it was actually that Siegfried & Roy show that really changed show business. ... It was that show that really changed the Vegas landscape."

In February 2001, MGM Mirage announced a "lifetime" contract extension that guaranteed the duo at least another four years. By then, however, the stars seemed more excited about a more sensible schedule of eight shows per week.

Magic had driven Siegfried since he was 10 years old, he noted then. "Absolutely nothing else existed in the world. I don't know if this is right, all my life, to just think about one thing."

So it was a forced retirement when the 7-year-old show tiger Montecore turned on Horn, knocking him down and then dragging him from the stage, by most eyewitness accounts.

The tiger had inflicted a deep, near-fatal puncture wound in Horn's neck that kept him on the operating table through the night at University Medical Center's trauma center.

The real damage came with a stroke hours after the initial surgery, one that left Horn with partial paralysis.

But Horn progressed enough through physical therapy that he was able to stand in front of a banquet crowd celebrating his 60th birthday a year later.

 

• Email This
• Print
• Comments
• Trackbacks

State Assembly Speaker Barbara Buckley (D-Las Vegas) and a bipartisan group of Nevada legislators are sponsoring a bill that will assist some veterans accused of nonviolent crimes with a specialized court geared toward substance abuse and mental health treatment.

Studies show that PTSD sufferers are more likely to abuse drugs and alcohol. Nevada has chronicled the struggles of veterans returning from the nation’s current wars. http://www.reviewjournal.com/media/interactive/war_back_home.html Clark County officials report the possibility of creating a veterans-only court in response to the high rate of mental disorders among veterans from the current and past wars.

Currently Judges in Nevada are not required to ask if defendants have served in the military. They have no way of monitoring how many veterans pass through the justice system.

In veterans’ courts, like the one started last year in Buffalo NY, criminal proceedings are suspended before sentencing so that defendants can attend drug, alcohol, or mental health treatment programs. Upon completion, their criminal cases are usually dismissed.

This effort will definitely help the misunderstood trauma veterans endure fighting in this country’s military.
 

• Email This
• Print
• Comments
• Trackbacks

The following is a BIAA update for February 13, 2009.

Economic Stimulus Update

Congress is gearing up to clear their spending and tax cut measure aimed at stimulating job creation and the health of the economy as early as Friday. The goal is to have the legislation on President Obama's desk by Presidents Day.

Appropriations Update

This week, efforts to take up the FY09 appropriations omnibus bill were stalled further due to the consideration and conference of the Economic Stimulus Legislation. The house will likely wait until after the Presidents Day Recess to tackle appropriations.

BIAA will continue to watch the developments of the omnibus closely as we near the March 6th deadline.

TBI and the Military

On Thursday, Congressmen Pascrell and Platts hosted a briefing featuring Col. Michael Jaffee of the Department of Defense, DOD Defense Center of Excellence (DCoE), Defense and Veterans Brain Injury Center.

The briefing highlighted several growth factors and accomplishments that had taken place over the course of 2008. Notably, the symposia and collaboration between DOD and the National Football League TBI and concussion experts as well as the International Conference on Behavioral Health and Traumatic Brain Injury that was held on October 12, 2008 in conjunction with the Congressional Brain Injury Task Force. With more than 100 international experts, the areas of focus included research, education, assessment, family, and treatment.

Looking forward, Col. Jaffe announced several new partnerships fostered to help those with TBI including with the American College of Radiology, National Academy of Neuropsychology, The Kennedy Center, the Professional Golf Association, and the National Football League. These partnerships will continue to foster activities that will help educate both servicemen and civilians about the symptoms and dangers of traumatic brain injury.

 

• Email This
• Print
• Comments
• Trackbacks

New Hampshire mom convicted of manslaughter in toddler death Another shaken baby case reveals the prevalence of this type of injury.

I have been focusing on shaken baby syndrome this past week.  This tragic reality appears in parent-child and caregiver-child scenarios. 

Signs and symptoms
SBS is accompanied by a variety of signs, which range from mild to severe and nonspecific to obviously head trauma-related.[2] The characteristic injuries associated with SBS include retinal hemorrhages, multiple fractures of the long bones, and subdural hematomas (bleeding in the brain).[6] These signs have evolved through the years as the accepted and recognized signs of child abuse and the shaken baby syndrome. Medical professionals strongly suspect shaking as the cause of injuries when a baby or small child presents with retinal hemorrhage, fractures, soft tissue injuries or subdural hematoma, that cannot be explained by accidental trauma or other medical conditions. Additional effects of SBS are diffuse axonal injury, oxygen deprivation and swelling of the brain, which can raise intracranial pressure and damage delicate brain tissue.

Victims of SBS may display irritability, failure to thrive, alterations in eating patterns, lethargy, vomiting, seizures, bulging or tense fontanels, increased size of the head, altered respirations, and dilated pupils.[7]

Fractures of the vertebrae and ribs may also be associated with SBS.

 

• Email This
• Print
• Comments (1)
• Trackbacks

Another shaken baby syndrome case.  Council Bluffs man accused of shaking baby. Here the sad case involves a 4 month old infant.

 Mechanism
SBS results from rotational acceleration of the head. Rotational injury is especially damaging and likely to occur in shaking trauma.] The type of injuries caused by shaking injury are usually not caused by falls and impacts from normal play, which are mostly linear forces. The type of shaking that is necessary to cause SBS is very violent and would be clearly recognizable to an observer as dangerous and potentially deadly. The set of injuries found in SBS is not caused by falls from short heights, seizures, or vaccinations.

Prevention
Prevention is similar to the prevention of child abuse in general. New parents, babysitters, and other caregivers can be warned about the dangers of shaking infants. A child's crying and irritation are common triggers for the frustration that can lead to violence in the caregiver.Some experts have advised that caregivers need strategies to cope with their own frustrations; for example, they may be reminded that they are not always responsible when babies cry.

 

• Email This
• Print
• Comments
• Trackbacks

Dear Advocates:

Congress returned this week for a lame duck session after being in recess since October 3, 2008. This lame duck session follows a historic November 4 election, which will result in significant changes in the makeup of both the House and Senate – not to mention the White House - in January.

So far, the lame duck session has produced successful legislation extending unemployment benefits, but it now looks as though Democratic leaders will wait until the beginning of a new legislative session in January to move a broader economic stimulus package. BIAA will continue to advocate for inclusion of increased federal funding for state Medicaid programs in any such stimulus package.

Meanwhile, Congress continues to debate a possible bailout plan for the auto industry, and this debate could continue into December, thus extending the lame duck session.
Over the past few weeks, numerous developments related to brain injury policy have occurred and are described below.

Please note that BIAA is currently in the process of updating the “Policy & Legislation” section of its website, and as a result many documents referred to below are not yet posted online. Rest assured these documents will become available shortly. We sincerely appreciate your patience while we work to improve the comprehensiveness and accessibility of our website.

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

BIAA’s Policy Corner and Legislative Action Alerts are made possible by the Centre for Neuro Skills, James F. Humphreys & Associates, and Lakeview Healthcare Systems, Inc. The Brain Injury Association of America gratefully acknowledges their support for legislative action.
 

• Email This
• Print
• Comments (2)
• Trackbacks

Here is another tragic story of a babysitter abusing a baby and causing brain injury.  Shaken Baby Syndrome is a very real risk for parents and their childrren.  Read about the case here.

Anatomy and pathophysiology
People under the age of three years are especially susceptible to brain damage from shaking. This is due to several anatomical factors. Their heads are bigger and weigh more with respect to their bodies than adults' heads, and their neck muscles are weak and cannot prevent violent motions. Infants' brains are not fully myelinated; myelin sheaths form in childhood and are complete in adolescence. The water content of the brain is reduced as neurons gain myelin during development, so babies have a greater percentage of brain water than adults do.[10] Because of this higher water content, children's brains are softer and are much more susceptible to acceleration-deceleration injuries and diffuse axonal injury.

The underlying injury in SBS is typically diffuse axonal injury.

In 2004, a Scottish database collected data for five years on cases of suspected non-accidental head injury diagnosed after a multiagency assessment and included cases with uncoerced confessions of perpetrators and criminal convictions. Several patterns appeared allowing the categorization of the cases into four predominant types: Hyperacute encephalopathy (6% of all cases); Acute encephalopathy (53% of cases (SBS)); Subacute non-encephalopathic presentation (19% of cases); Chronic extracerebral presentation (22% of cases). Infants can be traumatically injured in many ways, and many instances are unwitnessed. Thus the generic term non-accidental head injury or inflicted traumatic brain injury is occasionally used in preference to shaken baby syndrome, which implies a specific mechanism of injury.[12] An earlier detailed neuropathological study was publish in the UK in 2001, which included immunocytochemistry for microscopic damage.[
.

• Email This
• Print
• Comments
• Trackbacks

Elizabeth Halverson, the Las Vegas Judge, was removed from the bench today.  Click here.

Judge Halverson has been in the news of late.  Initially the mobile chair bound woman was seen in the Clark County courthouse as a clerk.  She ran and won for Judge and immediatley started making news.

She was accused of sleeping on the bench during trial; of  Inappropriately talking with jurors without counsel present and eating lunch with jurors.

She was the subject of a public nuisance complaint brought by her neighbors.  She was ordered to clean up her yard.  Of most recent, Judge Halverson, was the subject of a beating by her husband requiriing hospitalization.  She is bringing charges against him.

Voters hopefully learned to pay attention to issues involving the candidates they vote for.  This certainly was not a good choice and I do not think any would who voted would disagree with that.

Good luck to Judge Halverson.

• Email This
• Print
• Comments
• Trackbacks

This just in from the AP

If John McCain is elected and goes on to win a second term, there's as much as a one-in-four chance America could see its first woman president — Sarah Palin.

It's actuarial math.

The odds highly favor either McCain or Barack Obama completing a first term in good health. After that, McCain's odds are still fairly solid, but his chances of dying or being in poor health go up faster than Obama's, mainly because of his age.

An Atlanta actuarial company specializing in individualized estimates of life and health expectancy has run the numbers for McCain, 72, and Obama, 47. The firm, Bragg Associates, calculated the odds of the candidates dying in office, adjusted for their known health problems.

McCain would be the oldest president to begin a first term in office. By the end of a second term, Jan. 20, 2017, he would have a 24.44 percent chance of dying, compared with 5.76 percent for Obama, the firm estimates.

"Can either candidate expect to serve two terms in a healthy state? The answer is yes," says James C. Brooks, Jr., an actuary with the firm. "They're both in outstanding health for people of their age."

Illness is another issue.

Because chances of developing a serious ailment are higher for any person than are the chances of dying, Bragg used the candidates' medical information to estimate how many years of good health might be in store for each. After all, a debilitating illness could force a president to step down.

The firm estimates that McCain has a health expectancy of 8.4 years, while Obama can expect another 21.9 years of good health. The calculations are from January 2009, covering two terms in office for either candidate. McCain, if he's like others in his age group, would have a cushion of just about five months.

But no one really knows. Actuaries like Brooks make statistical calculations for insurance companies, based on numbers culled from large databases. No matter how sophisticated, they can't predict anyone's future.

"There a randomness to it that we don't know," said Ron Gebhardtsbauer, who directs the actuarial science program at Penn State's Smeal College of Business.

For example, he said, "if McCain is president, he'll get the best health care in the world. I can't crank that into any of my numbers."

Health expectancy calculations, although relatively new, are becoming increasingly important as people buy long-term-care insurance.

"We've done thousands of these health expectancy calculations for financial planners," said Brooks. "People, especially those with high net worth, are concerned more about the risk of living too long than about what happens if they die prematurely. What if they need long-term care?"

The firm's estimates for McCain and Obama relied on medical information disclosed by the candidates. Bragg Associates has no partisan agenda, said Brooks: "We don't have a dog in this hunt."

He classified the Democrat as a smoker with minor upper respiratory problems, probably linked to his smoking. Obama announced in February that he was trying to quit smoking again, with the aid of nicotine gum.

"We don't consider you a nonsmoker until you stay quit for 12 months," said Brooks.

In the spring, the Obama campaign released a letter from the candidate's doctor declaring him to be in excellent health. He had very good cholesterol levels, his EKG was normal, his pulse was 60 beats per minute, and his blood pressure was an outstanding 90 over 60. Obama also exercises regularly.

But Obama has a family history of cancer. His mother died of ovarian cancer and his maternal grandfather died of prostate cancer. Obama's PSA screening test for prostate cancer showed no sign of abnormalities.

For the Republican, Brooks took into account a history of skin cancer, degenerative arthritis from his Vietnam war injuries, moderately high cholesterol, mild vertigo and that McCain is a former smoker who quit in 1980.

McCain allowed reporters to review eight years of medical records, more than 1,000 pages. They show that he is cancer-free, has a strong heart and is generally in good health. As a three-time melanoma survivor, his biggest health worry is a recurrence of that cancer. But he is closely watched by his dermatologist, and any future melanoma should be caught in time to be treated successfully. McCain maintains a healthy weight and blood pressure, and takes medication for his cholesterol.

To underscore his chances of long life, he's campaigned with his mother, 96 and going strong.

Vice presidential candidates Joe Biden and Sarah Palin have not released their medical records, although Biden has promised to. Biden, 65, had surgery 20 years ago to repair a life-threatening brain aneurysm. He was out of the Senate for seven months while he recuperated but says he's fine now. Palin, 44, a mother of five, gave birth earlier this year to a son, Trig, who was born with Down syndrome.

In this Nov. 4, 2001 file photo, Republican presidential candidate Sen. John McCain, R-Ariz., waves to the crowd prior to Game 7 of the World Series between the Arizona Diamondbacks and the New York Yankees at Bank One Ballpark in Phoenix. (AP Photo/John Bazemore, File)

In this April 29, 2008 file photo, the University of North Carolina's Jack Wooten, right, pressures Democratic presidential hopeful Sen. Barack Obama, D-Ill., during a basketball game in Chapel Hill, N.C. (AP Photo/Jae C. Hong, File)
 

• Email This
• Print
• Comments
• Trackbacks

Laura Schiebelhut, BIAA Director of Government Affairs, asked me forward this on:

Dear Advocates:

As a month-long summer recess dominated by party politics and convention drama draws to a close, Congress plans to reconvene for its fall legislative session on Monday, September 8, 2008.
You may recall that unfortunately, due to technical difficulties the Brain Injury Association of America was unable to distribute the August 1, 2008 edition of BIAA Policy Corner. We apologize for this inconvenience, and thank you again for your patience.

This special Fall Outlook Special Edition of BIAA’s Policy Corner E-Newsletter contains numerous legislative updates on congressional activity which took place in the days right before the beginning of the summer recess period.

In addition, this Fall Outlook Special Edition includes a preview of the political climate expected to impact legislative proceedings over the next few weeks and months leading up to the November election.

*Distributed by Laura Schiebelhut, BIAA Director of Government Affairs, on behalf of the Brain Injury Association of America; 703-761-0750 ext. 637; lschiebelhut@biausa.org
BIAA’s Policy Corner and Legislative Action Alerts are made possible by the Centre for Neuro Skills, James F. Humphreys & Associates, and Lakeview Healthcare Systems, Inc. The Brain Injury Association of America gratefully acknowledges their support for legislative action.
To sign up to receive future BIAA Policy Corner E-Newsletters and Legislative Action Alerts, please go to http://capwiz.com/bia/mlm/signup/
__________________________________________________________________
BIAA Spearheads Senate Letter Urging TRICARE to Cover Cognitive Rehabilitation
Reflecting one of BIAA's biggest public policy accomplishments this year, a group of Senators issued a letter on August 4, 2008 to Defense Secretary Robert M. Gates urging official TRICARE coverage of cognitive rehabilitation.

The group of 10 United States Senators, led by Evan Bayh (D-IN) and Barack Obama (D-IL), sent a letter to Defense Secretary Robert M. Gates calling on him to enact official coverage of cognitive rehabilitation within the military's TRICARE health insurance program. Several major media outlets covered this story, and the press release announcing this letter included a quote from Democratic Presidential Candidate Barack Obama in which he described cognitive rehabilitation therapy as “one of the most accepted treatments for TBI.”

Throughout the summer, BIAA worked closely with Senator Bayh's office to support the development of this letter and to urge the support of 10 highly esteemed Senators who signed on in support of this important effort to increase access to timely, state-of-the-art care for returning servicemembers with traumatic brain injury.

A copy of the letter, along with talking points in support of TRICARE coverage of cognitive rehabilitation, and a summary of evidence attesting the efficacy of cognitive rehabilitation, is available on BIAA's website at http://www.biausa.org/policyissues.htm.
In another promising development, the Congressional Brain Injury Task Force is currently working on a similar effort on the House side.

House Approves Military Construction-VA Spending Bill Without TBI Amendments
Despite little progress on appropriations so far this year, the House of Representatives was able to pass its version of the Fiscal 2009 Military Construction-VA spending bill (H.R. 6599) by a vote of 409-4 on August 1, 2008.

This appropriations measure represents the only regular Fiscal 2009 appropriations bill to receive House floor consideration so far this session, and could also be one of the last. (See “Fall Outlook” section below).

The $118.7 billion Military Construction-VA appropriations bill includes $500 million for medical and prosthetic research, rejecting the President’s $38 million cut and representing $20 million over last year’s funding allocation for such research. In addition, the bill allocates $200 million for fee-based services to improve access to care where Veterans Health Administration services are not available; it is possible that such services could potentially include TBI care and rehabilitation services.

Two amendments filed by House Veterans Affairs Chairman Bob Filner (D-CA) related to veterans’ TBI care were subsequently withdrawn after bill manager Rep. Chet Edwards (D-TX) promised to work with Rep. Filner on his suggestions over the next several months.
One of the amendments filed by Rep. Filner would have allocated $250 million to establish a community grant program to provide rehabilitative services to veterans diagnosed with post-traumatic stress disorder (PTSD) or TBI.

Rep. Filner’s other TBI-related amendment would have designated $10 million to establish a “heroes’ homecoming pilot program” intended to evaluate the effectiveness of offering compulsory screening, evaluation and treatment for TBI (as well as mental health conditions, including PTSD), for active-duty servicemembers and veterans.

Meanwhile, the Senate Appropriations Committee approved its version of the fiscal 2009 Military Construction-VA spending bill (S. 3301), on July 17, 2008. The Senate version of this funding bill contains increased funding for medical research, including TBI research. The bill also includes valuable report language directing the Department of Veterans Affairs (VA) to establish and expand cooperative agreements with public and private groups to treat traumatic brain injury patients from the wars in Iraq and Afghanistan, and to report on expanding the pool for expertise available to treat the injuries.

BIAA applauds this report language, as one of BIAA’s main federal policy goals continues to be increasing access to non-VA (civilian) TBI care providers when in the optimal interest of the service member, and BIAA remains very active on this issue on Capitol Hill.
House Defense Appropriations Subcommittee Approves TBI Funding
On a related note, the House Defense Appropriations Subcommittee passed its version of the Fiscal 2009 Defense Appropriations bill on July 30, 2008, including hundreds of millions of dollars allocated for TBI.

The funding bill approved by the Subcommittee includes $617 million for Traumatic Brain Injury and Psychological Health.
Senate Republicans Block The Advancing America’s Priorities Act
Unfortunately, on July 28, 2008, Senate Republicans rejected an effort to invoke cloture on The Advancing America’s Priorities Act (S. 3297), an omnibus measure containing several non-controversial bills, including important public health measures related to brain injury.
With the exception of three Republican Senators -- Norm Coleman of Minnesota, Gordon H. Smith of Oregon and John W. Warner of Virginia – all other Senate Republicans followed the lead of conservative Senator Tom Coburn of Oklahoma in blocking consideration of the legislation.
As you may recall, in July BIAA issued a Legislative Action Alert requesting that advocates call their Senators and urge them to vote for passage of this important legislation.

Among the nearly three dozen bipartisan, non-controversial measures included in this omnibus legislation were two bills which would help address the public health epidemic of brain injury in United States: The STOP Stroke Act (S. 999/ H.R. 477) and The Christopher and Dana Reeve Paralysis Act (S. 1183/H.R. 1727).

The STOP Stroke Act is bipartisan legislation by Senators Thad Cochran (R-Miss.) and Edward Kennedy (D-Mass.) that would help ensure that all stroke patients are treated as quickly and effectively as possible. Among other things, the STOP Stroke Act would authorize a grant program to help provide states with resources to ensure that patients have access to quality stroke education, prevention, treatment and rehabilitation services by establishing coordinated stroke care systems.

The Christopher and Dana Reeve Paralysis Act is a non-controversial, bipartisan bill which is primarily about two things: 1 - Advancing collaborative research in paralysis and 2 - Improving the quality of life today for people living with paralysis and mobility impairments from any cause -- stroke, traumatic brain injury, ALS, spinal cord injuries, and others.
It remains unclear whether there will be another opportunity this year in the Senate to pass the bills contained in this legislative package.

BIAA Again Urges Senators to Swiftly Pass the ADA Amendments Act
Once again, BIAA signed a coalition letter urging passage of the ADA Amendments Act of 2008 (H.R. 3195/S.3406). On August 8, 2008, BIAA joined a number of other groups in signing a letter which was distributed to Senators over the summer recess urging swift Senate enactment of the ADA Amendments Act of 2008 (S. 3406).

The Senate version of the bill (S. 3406) was recently introduced in that chamber on July 31, 2008. Earlier this summer, the House of Representatives passed its version of the bill (H.R. 3195) by an overwhelming margin of 402-17.

Department of Labor Announces Initiative to Help Veterans with TBI
On August 20, 2008, the United States Department of Labor announced a new initiative to help employers of veterans and others with traumatic brain injury (TBI) and post-traumatic stress disorder (PTSD).

As part of this initiative, the Department of Labor unveiled the America's Heroes at Work website, which will "provide information about TBI and PTSD, as well as tools and guidance on how to implement workplace accommodations and other services that benefit affected individuals."
The America’s Heroes at Work website address is http://www.americasheroesatwork.gov/.
Fall Outlook

Although Congress is reconvening to begin its fall legislative session on Monday, this session is not expected to last long, given the universal need to campaign in the weeks leading up to the November election. The target adjournment date for the House of Representatives is September 26, leaving roughly three weeks for legislative activity to occur.
 

s soon as Congress returns on Monday, both chambers are expected to begin developing a Continuing Resolution (CR) to ensure continued funding for the government once Fiscal Year 2008 ends on September 30.

A CR is expected to take the place of the many regular Fiscal Year 2009 annual appropriations bills, because most of these appropriations bills will likely remain stalled this year. Note: The fiscal 2009 Military Construction-VA appropriations bill, as well as the Fiscal 2009 Defense Appropriations bill, are the only two regular Fiscal 2009 appropriations measures expected to possibly progress.

A CR would provide stopgap funding for the federal government as Fiscal Year 2009 begins on October 1, 2008.

Since a CR is expected to include funding for the federal agencies which house important TBI programs, there is an urgent need for advocates to call on elected officials to ensure sufficient funding is provided for these programs in the stopgap funding resolution.
 

• Email This
• Print
• Comments
• Trackbacks

Research out of Massachusetts General Hospital in Boston reveals evidence of a face recognition area in the brain.

Functional MRI (fMRI) can observe three dimensional volume that cotains about 200,000 neurons.  Using fMRI at higher resolution allows researchers to zoom in on smaller bits of the visual cortex; Similar to looking at grains of sugar rather than a whole sugar cube.

Now, researchers have identified two pea sized areas of the brain they believe are responsible for face recognition.  It is called "fusiform face area" (FFA) because it resembles a spindle or "fusus" in latin.  It helps explain why we are so good at remembering faces which in turn, makes us us able to make snap judgments about gender, age, mood, expression, intent, attractiveness, and honesty.  This ability enables social interaction and was probably critical in the survival of our primate ancestors.

FFA images may assist our understanding on propopagnosia, an impairtment in the recognition of faces known as face blindness.

The study of brain circuits may help treat autism and depression.

• Email This
• Print
• Comments
• Trackbacks

An upcoming, interesting conference on Spine and brain injury in August.

The California NanoSystems Institute (CNSI) at UCLA today announced that it will host an international forum featuring some of the world's most innovative scientists and technology leaders at the vanguard of treatments for brain and spinal cord injuries and diseases.

The fifth annual World Congress of the International Brain Mapping and Intraoperative Surgical Planning Society (IBMISPS), will be held at the CNSI on the UCLA campus from Tuesday, Aug. 26, to Friday, Aug. 29.
 

• Email This
• Print
• Comments
• Trackbacks

Susan Connors, president  of the BIAA, asked me to post this message.

On behalf of the Brain Injury Association of America, I am thrilled to announce that yesterday a group of United States Senators, led by Evan Bayh (D-IN) and Barack Obama (D-IL), sent a letter to Defense Secretary Robert M. Gates calling on him to enact official coverage of cognitive rehabilitation within the military's TRICARE health insurance program.

BIAA worked closely with Senator Bayh's office to initiate the development of this letter and to urge the support of ten highly esteemed Senators who signed on in support of this important effort to increase access to timely, state-of-the-art care for returning servicemembers with traumatic brain injury. A copy of the letter is available from BIAA's website, along with talking points in support of TRICARE coverage of cognitive rehabilitation and a summary of the efficacy evidence. Additionally, on our website you will find BIAA's position statement, Cognitive Rehabilitation: The Evidence, Funding and Case for Advocacy, published in November 2006.

BIAA thanks Senators Bayh and Obama for their leadership on this issue and looks forward to continuing to work with Congress and the Department of Defense to make TRICARE coverage of cognitive rehabilitation a reality. We gratefully acknowledge the members of BIAA's Federal Legislative Advisory Committee who dedicated their time and expertise on behalf of this effort: Drs. Mark Ashley, Wayne Gordon, Debbie McMorrow, Greg O'Shanick, Jim Schraa, and Tina Trudel.

In addition, BIAA expresses special appreciation to Drs. Keith Cicerone and Wayne Gordon for assistance in identifying the evidence supporting cognitive rehabilitation and to the Cognitive Rehabilitation Task Force of the American Congress of Rehabilitation Medicine's Brain Injury Interdisciplinary Special Interest Group. Last, but certainly not least, I wish to recognize Laura Schiebelhut, BIAA's Director of Government Affairs, for her hard work and perseverance on this issue. She has my heartfelt gratitude and deepest respect.

BIAA is dedicated to educating the nation's policymakers about the value of cognitive and other brain injury rehabilitation therapies and the dire need to increase access to these therapies across both civilian and military populations. We will keep you informed of our progress.

Thank you for your support.

Susan H. Connors, President/CEO

• Email This
• Print
• Comments
• Trackbacks

Alzheimer's Society comment on new research presented at the International Conference on Alzheimer's Disease (ICAD).

High blood pressure doubles the risk of Alzheimer's disease and increases the risk of stroke. This study highlights that it is becoming increasingly important to investigate anti-hypertension drugs as a potential treatment for dementia, not just a risk factor.

These findings will be important in stimulating further research into the relationship between anti-hypertension drugs and the development of dementia. A proper clinical trial is now needed to investigate if this particular class of drug can benefit thousands of people living with this devastating condition.

• Email This
• Print
• Comments
• Trackbacks

A new study allows "magnetic resonance imaging scans to locate Alzheimer's-like plaques in rabbits, bringing researchers a step closer to being able to diagnose the disease using ordinary MRI equipment. "

The study marks the first time researchers have been able to "see" brain plaques using conventional MRI scanners. Currently, high-powered MRI scanners have been able to spot them in animals, and PET scanners using special marker chemicals have worked as well.

Read the entire article by clicking here.

• Email This
• Print
• Comments
• Trackbacks

I was recently elected to the Executive Board of AAJ’s Traumatic Brain Injury Litigation Group in Philadelphia.

Attorneys with a special interest in representing individuals who have sustained traumatic brain damage formed the AAJ Traumatic Brain Injury Litigation Group approximately twenty years ago. We meet several times a year to discuss the medical and legal issues surrounding traumatic brain injury litigation and host programs to teach personal injury lawyers effective representation of individuals and their families in traumatic brain injury cases.

If I can assist your family and yourself with your brain injury legal case, please do not hesitate to contact us. To contact me by email click here or visit www.titololawoffice.com.

We handle cases of individuals who have sustained traumatic brain damage from of all types of accidents, including car accidents, truck accidents and other motor vehicle accidents.

• Email This
• Print
• Comments (1)
• Trackbacks

Tim Titolo elected to Executive Board TBILG

The American Association of Justice Traumatic Brain Injury Litigation Group elected Tim Titolo to its Executive Board in July 2008.  Elections were held in Philadelphia.

Tim is honored and enthusiatic to serve on the Board.  Tim has been very involved in the Group's yearly conferences in Las Vegas.  This year's member's only conference will take place at the Monte Carlo.

For more information about the TBILG, email Tim at tim@titololawoffice.com.

• Email This
• Print
• Comments
• Trackbacks

Urge Presidential Candidates to Participate In the 2008 Fort Hood Presidential Town Hall!
Take Action!

Town Hall Would Facilitate Discussion of Issues Facing America’s Military and Veteran Community, Including Traumatic Brain Injury

The Brain Injury Association of America (BIAA) recently joined a consortium of non-profit organizations dedicated to serving active military, veterans, their families and their survivors, in inviting the Republican and Democratic presidential candidates to Fort Hood, Texas, for an in-depth discussion of the increasingly complex issues facing America's military and veteran community. The CBS television network has agreed to produce and broadcast the very important Town Hall meeting in prime time on Monday, August 11, 2008.

As of July 17, 2008, the Republican presidential candidate, Senator John McCain (R-AZ) has agreed to participate in the Town Hall, but the Democratic presidential candidate, Senator Barack Obama (D-IL) has not agreed to attend the event.

BIAA is a non-partisan organization dedicated to improving the lives of all individuals with brain injuries and their families. During this presidential campaign, BIAA strongly advocates for an open, transparent discussion of public policy issues related to traumatic brain injury (TBI) among both returning service members and civilians. BIAA believes the 2008 Fort Hood Presidential Town Hall represents a tremendous opportunity to facilitate this discussion in regards to returning service members.

Fort Hood is the largest U.S. military installation in the world. As a result, it has deployed, and continues to deploy, the most soldiers to Iraq and Afghanistan as part of our continuing global war on terror. Consequently, BIAA cannot imagine a more appropriate audience—or a more compelling location—for such a discussion concerning the health care needs of returning service members, including TBI.

1) To send a message urging Sen. Obama to participate in 2008 Fort Hood Presidential Town Hall, please click on the “Take Action” link in the upper right-hand corner of this email.
Similarly, BIAA also strongly advocates for the participation of both presidential candidates in the National Forum on Disability Issues, set to occur on July 26, 2008 in Columbus, Ohio. This Forum would allow the presidential candidates to individually present their visions for the future of disability policy in America followed by questions by Judy Woodruff, news anchor and journalist ("The News Hour with Jim Lehrer"), who will act as the Moderator. As of July 17, 2008, Senator McCain has agreed to participate in the entire forum, via satellite. Senator Obama's campaign team has yet to commit and is offering a representative instead.
2) To send a message urging Sen. Obama to participate in the National Forum on Disability Issues, please visit the following link:

http://capwiz.com/rochestercdr/utr/1/GZKLIYSYCB/IBJKIYTLAF/2206694631

• Email This
• Print
• Comments
• Trackbacks

Laura Schiebelhut of the BIAA asked me to distribute this legislative update:

Brain Injury Association of America
Policy Corner E-Newsletter – July 18, 2008
A weekly update on federal policy activity related to traumatic brain injury
__________________________________________________________________
Dear Advocates:

Numerous developments related to brain injury policy and advocacy efforts occurred this week in the nation’s capital.

In a welcome development on Tuesday, Congress successfully overrode the president’s veto of key Medicare legislation (H.R. 6331). The bill, which will now become law, prevents deep cuts in Medicare payment rates to physicians. It also contains important delays in the implementation of Medicare’s competitive bidding program for Durable Medical Equipment (DME), and a critically important extension of the Medicare outpatient therapy cap exceptions process.

Thank you to all of the advocates who responded to BIAA’s Legislative Action Alert last week urging Senators to override a veto by President Bush!!!

Also this week, although appropriations activity remains stalled in the House, the Senate Appropriations Committee approved its version of the fiscal 2009 Military Construction and Veterans Affairs spending bill, containing funding for TBI research as well as valuable report language related to TBI care for veterans.

In addition this week, on Thursday BIAA issued a Legislative Action Alert to urge both presidential candidates to attend the 2008 Fort Hood Presidential Town Hall and engage in an in-depth discussion of the increasingly complex issues facing America’s military and veterans community, including the rate of traumatic brain injury among returning service members. BIAA is a member of the 2008 Forth Hood Presidential Town Hall Consortium, and the event is tentatively scheduled to be televised by CBS on August 11, 2008. If you have not already, please take action TODAY by visiting http://capwiz.com/bia/issues/alert/?alertid=11644406.

In other news, on Wednesday, a BIAA representative attended a Capitol Hill briefing, organized by Rep. Bill Pascrell, the founder and co-Chairman of the Congressional Brain Injury Task Force, on exciting new developments in TBI research. At the briefing, experts from the Cleveland Clinic discussed revolutionary new research efforts in the field of regenerative medicine to develop new treatments and therapies for TBI.

In addition, this week the Army issued new guidelines for TBI care, including a new requirement for all soldiers who experience dizziness or loss of consciousness from a blast, fall, collision or other direct impact incident to receive immediate medical assistance. These new guidelines can be accessed online at http://www.pdhealth.mil/TBI.asp.

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

BIAA’s Policy Corner and Legislative Action Alerts are made possible by the Centre for Neuro Skills, James F. Humphreys & Associates, and Lakeview Healthcare Systems, Inc. The Brain Injury Association of America gratefully acknowledges their support for legislative action.

• Email This
• Print
• Comments
• Trackbacks

Urge Your Senator to Support Medicare Package
Take Action!
Tell Your Senator to Continue to Support This Legislation if the President Vetoes the Bill

On Wednesday, July 8, 2008, by a vote of 69-30, the Senate approved Medicare legislation (H.R. 6331) to prevent a 10.6% payment cut to physicians. In addition to preventing harmful payment cuts to physicians, this Medicare bill includes other important provisions which would improve care for individuals with brain injury.

These critical provisions include an 18-month extension of the Medicare outpatient therapy caps exceptions process, a component of the bill strongly supported by advocates working to improve access to vital rehabilitation therapies for individuals with brain injury.

The bill also includes a much-needed 18-month delay in the implementation of the Medicare Durable Medical Equipment, Orthotics, Prosthetics and Supplies (DMEPOS) competitive bidding program, and spares power wheelchairs and oxygen equipment from deep cuts. If the competitive bidding program is implemented as currently scheduled, it stands to negatively impact many users of assistive technology devices, including individuals with brain injury.

Despite these important provisions, it is anticipated that President Bush will veto the bill, and although the Senate passed the bill with a veto-proof margin earlier this week, the White House needs only three Senators to switch their votes in order for a veto override to fail. If the President delays acting on the bill, or Congress is unable to override an expected veto, the physician payment cuts and DME competitive bidding program will go into effect, and the outpatient therapy caps exceptions process will continue to be expired (as of June 30, 2008).

• Email This
• Print
• Comments
• Trackbacks

ALLSTATE RANKS AS WORST INSURER FOR CONSUMERS

Insurance Industry Employs “Deny, Delay, Defend” Strategy, Puts Profits Over Policyholders

WASHINGTON, DC – Allstate ranks as the worst insurer for consumers, according to a comprehensive investigation of thousands of legal documents and financial filings.

The rankings show a distinct pattern of insurance industry greed amongst 10 companies that refuse to pay just claims, employ hardball tactics against policyholders, reward executives with extravagant salaries, and raise premiums while hoarding excessive profits.

“While Allstate publicly touts its ‘good hands’ approach, it has instead privately instructed its agents to employ a ‘boxing gloves’ strategy against its policyholders,” said American Association for Justice CEO Jon Haber. “Allstate ducks, bobs and weaves to avoid paying claims to increase its profits.”

Allstate (NYSE: ALL) set the standard for insurance company greed and placing profits over policyholders. Allstate contracted with consulting giant McKinsey & Co. in the mid-1990s to systematically force consumers to accept lowball claims or face its “boxing gloves,” an aggressive strategy designed to deny claims at any cost. One Allstate employee reported that supervisors told agents to lie and blame fires on arson, and in turn, were rewarded with portable fridges.

Thousands of court documents, materials uncovered from litigation and discovery, testimony, complaints filed with state insurance departments, SEC and FBI records, and news accounts were reviewed to compile the rankings and statistics.

The rest of the rankings are as follows:
2. Unum (NYSE: UNM) – Unum’s actions are even more shameful considering the type of insurance it sells: disability. Unum’s behavior was epitomized when it denied the claim of a woman with multiple sclerosis for three years, stating her conditions were “self-reported,” contrary to doctors’ evaluations. In 2005, Unum agreed to a settlement with insurance commissioners from 48 states over their practices.
3. AIG (NYSE: AIG) – The world’s biggest insurer, AIG’s slogan was “we know money.” AIG, described by commentators as “the new Enron,” has engaged in massive corporate fraud and claims abuses. In 2006, the company paid $1.6 billion to settle a host of charges.
4. State Farm – State Farm is notorious for its deny and delay tactics, and like Allstate, hired McKinsey consultants. State Farm’s true motives became apparent during Hurricane Katrina; for example, it employed multiple engineering firms until they could deny the claims of the Nguyen family of Mississippi. In April 2007, State Farm agreed to re-evaluate more than 3,000 Hurricane Katrina claims.
5. Conseco (NYSE: CNO) – Conseco sells long-term care policies, typically to the elderly. Amongst its egregious behavior, the insurer “made it so hard to make a claim that people either died or gave up,” said a former Conseco-subsidiary agent. Former Conseco executives were fined when they admitted to filing misleading financial statements with regulators.
6. WellPoint (NYSE: WLP) – Health insurer WellPoint has a long history of putting profits ahead of policyholders. For instance, California fined a WellPoint subsidiary in March 2007 after an investigation revealed that the insurer routinely canceled policies of pregnant women and chronically ill patients.
7. Farmers – Swiss-owned Farmers Insurance Group consistently ranks at or near the bottom of homeowner satisfaction surveys, and for good reason. For example, Farmers had an incentive program called “Quest for Gold” that offered pizza parties to its adjusters that met low claims payments goals. Like Allstate, it also hired the McKinsey consultants.
8. UnitedHealth (NYSE: UNH) – The SEC opened an investigation into former UnitedHealth CEO William McGuire for stock backdating, which ultimately led to his ouster in 2006 and returning $620 million in stock gains and retirement compensation. Physicians have also reported that their reimbursements are so low and delayed by the company that patient health is being compromised.
9. Torchmark (NYSE: TMK) – According to Hoover’s In-Depth Company Records, Torchmark’s very origins were little more than a scam devised to enrich its founder, Frank Samford. Torchmark has preyed on low-income Southern residents and charged minority policyholders more than whites on burial policies.
10. Liberty Mutual – Like Allstate and State Farm, Liberty Mutual hired consulting giant McKinsey to adopt aggressive tactics. Liberty’s tactics were highlighted when a New York couple’s insurance was “nonrenewed” by Liberty, even though they lived 12 miles from the coast and never experienced weather-related flooding.

Financial documents also revealed extravagant profits and executive compensation while policyholders’ claims were routinely delayed and denied:
• Over the last 10 years, the property / casualty and life / health insurance industries have each enjoyed annual profits exceeding $30 billion.
• The insurance industry takes in over $1 trillion in premiums every year. It has $3.8 trillion in assets, more than the GDPs of all but two countries.
• The CEOs of the top 10 property / casualty firms earned an average of $8.9 million in 2007. The CEOs of the top 10 life / health insurance earned an average of $9.1 million.
• The median insurance CEO’s cash compensation is $1.6 million per year, leading all industries.

To see how consumers can hold the insurance industry accountable and view a full copy of the study, visit http://www.justice.org/docs/TenWorstInsuranceCompanies.pdf.

• Email This
• Print
• Comments
• Trackbacks

An IME (or CME Compulsory Medical Exam, or DME Defense Medical Exam) is expert testimony. Therefore, it is subject to scientific trustworthiness and reliability. Federal Rule of Evidence 702 and Supreme Court Case Daubert and its progeny provide guidelines for courts in many jurisdictions.

However, Nevada is guided by principles of trustworthiness and reliability espoused in Santillanes v. State, 104 Nev. 699, 703-05, 765 P3d 1147 (1988).

Therefore, in this author’s opinion, whenever presented with an opinion from an adverse source the law should allow for the investigation and scrutiny of that opinion and its scientific or junk-science nature. Hence, prior IME (CME or DME) should be turned over to the other side. One side should be allowed to review another side’ propensities in prior reports/expert opinions. One need not know any personal information about the subject of the prior opinions and so there is no need to worry about divulging private information.

However, the knowledge regarding the adverse opinion in the current matter may well stem from adverse propensities, such as financial gain to the one with the adverse opinion, to mention but one.

Southern Nevada currently has a Discovery Commissioner who rules that prior “IME reports” are not discoverable based on her belief that even if the names are protected, information about injury is private to the unnamed individual.

I try to obtain “IME” reports from defense “experts” prior to deposing them to study their pattern of testimony. The Commissioner has yet to allow it and on appeal of her decision, the same issue will soon confront the Judges in the Eight Juridical District Court.

I will update this issue.

• Email This
• Print
• Comments (1)
• Trackbacks

During my law school experience in the mid 1980s I was chosen to participate in a nationwide, seminar called "Right to Die."  This was an interdisciplinary exercise of law, medicine, nursing, theology and others.  All of us were students in out respective fields brought together to consider whether an individual should or can possess the right to die with dignity.

In cases of undeniably fatal illness, can someone decide to end their life?  Over 30 students from around the country met in San Francisco, paid for entirely with grant money, to participate.  The notion and experience never left me.

In now appears that science can read desires of comatose patients with functional MRI.  The ethical dilemma again comes to mind.  Here are some excerpts from a recent article.

A British researcher claims that he has devised a way to communicate with people who, though can't move their limbs, are consciously aware.

While making a presentation at the Organisation for Human Brain Mapping Conference, Dr. Martin Monti of the Medical Research Council's Cognition and Brain Science Unit in Cambridge said that his work might have implications for the medical diagnosis of people in a vegetative state, and for determining whether to discontinue feeding.

Dr. Monti said that the study had a 100 per cent success rate in determining the right answer.

He said that the research might help, in the long term, reconnect patients with their families.

It might also be helpful in providing a solution to legal battles over whether to discontinue feeding a patient.

"There will be a lot of ramifications from this technology. The medical system needs to understand how to use it and at some point we have to look at the ethical and legal ramifications," he said.

"If you had a patient (in a coma-like state) who you could reliably see they do not want to live, how would you react to that?" he added.

Published by HT Syndication with permission from Asian News International.

Copyright © HT Media Ltd. All Rights Reserved. Provided by ProQuest LLC.

• Email This
• Print
• Comments
• Trackbacks

Julie Steenhuysen for Reuters reports Falling levels of a hormone called leptin that helps the brain resist tempting foods may explain why people who lose weight often have a hard time keeping it off, U.S. researchers said on Friday.

Restoring leptin to pre-diet levels may reverse this problem, they said, offering a way for weary dieters to finally win the weight battle.

"When you lose weight you've created about the perfect storm for regaining weight," said Michael Rosenbaum of Columbia University Medical Center in New York, whose research appears in the Journal of Clinical Investigation.

After weight loss Rosenbaum said the metabolism not only becomes more efficient, so the body needs fewer calories, but the brain becomes more vulnerable to tasty-looking treats.

"Areas of your brain involved in telling you not to eat seem to be less active. You are more responsive to food and you are less in control of it," he said in a telephone interview.

Leptin is a natural appetite suppressant secreted by fat cells in the body. Its discovery created a stir in the 1990s when researchers found leptin caused mice to eat less and lose weight. This rarely happens in humans.

Since then researchers have been looking the best way to use the hormone to help treat obesity.

In earlier studies, researchers found that when people lose weight, leptin levels fall as the body tries to protect its energy stores.

Rosenbaum investigated the impact of this loss of leptin on the brains of people who had lost weight, and whether replacing the hormone might help them keep off the weight.

He used an imaging technique known as functional magnetic resonance imaging that shows activity in the brain. The researchers studied six obese patients before and after going on a hospital-supervised diet that reduced their body weight by 10 percent.

People were shown pictures of food and non-food items, such as an apple or a yo-yo. The researchers found that after weight loss, areas in the brain responsible for regulating food intake were less active when people were shown food images. Areas in the brain responsible for emotion were more active.

When the researchers restored leptin to the levels before the dieting, these changes were largely reversed.

Similar results have been seen in people with a rare genetic condition in which their bodies do not make leptin.

Rosenbaum believes leptin could be a useful tool in helping people maintain weight loss. "The idea is there should be a whole new class of therapies to help us keep weight off after we have lost it," he said.

• Email This
• Print
• Comments
• Trackbacks

Laura Shiebelhut asked me to forward this Legislative Update. Brain Injury Association of America
Policy Corner E-Newsletter – June 27, 2008
A weekly update on federal policy activity related to traumatic brain injury
__________________________________________________________________
Dear Advocates:

Legislative activity related to traumatic brain injury policy ensued on numerous fronts this week, as Congress made progress on several bills before leaving town for a week-long July 4 recess beginning on Monday.

Progress on appropriations occurred this week on the Senate side, as the full Senate Appropriations Committee marked up and approved its Fiscal 2009 Labor, Health and Human Services (HHS), and Education funding bill.

Meanwhile – on the other side of the Capitol - as marked up on the Subcommittee level last week, the House Labor, Health and Human Services (HHS), and Education Appropriations funding measure contains increased funding for some federal TBI programs. Unfortunately, this bill was not approved by the full House Appropriations Committee on Thursday, as a major breakdown in the Committee’s markup process occurred as a result of partisan disputes. The fate of all House appropriations bills are now uncertain.

Progress on several important bills not related to appropriations also took place this week. On Thursday, the Senate Veterans Affairs Committee approved provisions contained in S. 2921, The Caring for Wounded Warriors Act. BIAA has strongly supported and endorsed this legislation, which was recently introduced by Sen. Clinton (D-NY), and would strengthen supports for family caregivers of returning servicemembers with TBI.

On Wednesday, the House of Representatives passed the ADA Amendments Act of 2008 (H.R. 3195) with strong bipartisan backing by a vote of 402-15. Earlier in the week, BIAA formally endorsed this legislation, which is designed to strengthen protections for individuals with disabilities originally enacted through the Americans with Disabilities Act (ADA) in 1990.
Also this week, the Senate approved a compromise version of the war supplemental funding bill, readying the legislation for president’s expected signature. This legislation contained a moratorium – strongly supported by BIAA - on the implementation of several harmful Medicaid regulations.

Finally, the House and Senate were unable to agree on a final Medicare package, which would have prevented deep cuts beginning on July 1 in Medicare payment rates for physicians. Negotiations on such a package are expected to continue when Congress resumes session on Monday, July 7.

__________________________________________________________________
Labor-HHS-Education Appropriations Bill Advances in Senate; Stalls in House
Progress on appropriations occurred this week on the Senate side, as the full Senate Appropriations Committee marked up and approved its Fiscal 2009 Labor, Health and Human Services (HHS), and Education funding bill.

The Senate’s markup provided the same funding amounts for several TBI programs as last year, including $5.7 million for TBI programming within the Centers for Disease Control and Prevention (CDC) and $8.754 million for the HRSA TBI State Grant Program.

Meanwhile, on the other side of the Capitol, as marked up on the Subcommittee level last week, the House Labor, Health and Human Services (HHS), and Education Appropriations funding measure contains increased funding for some federal TBI programs compared to last year. The House Subcommittee markup includes $11 million for the HRSA TBI State Grant Program (+$2.246 million over last year) and $6.6 million for TBI programming within CDC (+$0.9 million over last year).

Unfortunately, though, this bill was not approved by the full House Appropriations Committee on Thursday, as a major breakdown in the Committee’s markup process occurred as a result of partisan disputes. In fact, partisan vitriol reached such a high level during the attempted House markup of the Labor-HHS-Education funding bill that Rep. Obey (D-WI), Chairman of the House Appropriations Committee, threatened not to allow any further progress to occur this year on House appropriations bills. Stay tuned.

Senate Veterans Affairs Committee Approves Caring for Wounded Warrior Act Provisions
On Thursday, the Senate Veterans Affairs Committee approved provisions contained in S. 2921, The Caring for Wounded Warriors Act, S. 2921. BIAA has strongly supported and endorsed this legislation, and several recommendations made by BIAA during the legislative drafting process were incorporated into the bill.

Provisions in the legislation, which was recently introduced by Sen. Clinton (D-NY), would strengthen supports for family caregivers of returning servicemembers with TBI. Specifically, provisions 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.

A quote from BIAA President and CEO Susan H. Connors was included in Sen. Clinton’s press release announcing passage of the bill’s provisions:
“Traumatic brain injury not only affects individuals but entire families as well. The Brain Injury Association of America applauds Senator Clinton and Members of the Senate Veterans Affairs Committee for their leadership in passing this legislation, which compassionately and responsibly provides much-needed supports to family caregivers of servicemembers with TBI,” said Susan H. Connors, President and CEO of BIAA.

BIAA will continue to monitor the progress of this important bill, and thanks advocates for urging their Members of Congress to become cosponsors of this legislation.
House Passes ADA Amendments Act of 2008 By Wide Margin

On Wednesday, the House of Representatives passed the ADA Amendments Act of 2008 (H.R. 3195) with strong bipartisan backing by a vote of 402-15. Earlier in the week, BIAA formally endorsed this legislation, which is designed to strengthen protections for individuals with disabilities originally enacted through the Americans with Disabilities Act (ADA) in 1990.

The ADA Amendments Act of 2008 is the product of meaningful negotiations and discussions with experts in the disability community, business and employer groups, Members of Congress, and congressional staff. The measure prohibits consideration of mitigating measures in the determination of whether an individual has a disability, with the exception of ordinary eyeglasses and contact lenses. The bill also affords broad coverage for individuals “regarded as” having a disability under the ADA.

A copy of BIAA’s endorsement letter, which was circulated to all Members of the House of Representatives prior to the vote this week, is available at http://www.biausa.org/policyissues.htm.

• Email This
• Print
• Comments
• Trackbacks

SPECIAL LEGISLATIVE ACTION ALERT: BIAA recently issued a Legislative Action Alert on Fiscal Year 2009 TBI appropriations. BIAA continues to urge advocates to make contact with their representatives in Congress and urge them to increase appropriations for federal TBI programs this year. If you have not already done so, please visit BIAA’s website TODAY to take action: http://capwiz.com/bia/issues/alert/?alertid=11411806.

Progress on appropriations occurred this week in the House of Representatives, as the House Labor, Health and Human Services (HHS), and Education Appropriations Subcommittee marked up, and approved by voice vote, its Fiscal 2009 spending bill on Thursday.

In addition, on Thursday evening, the House approved the latest compromise version of the war supplemental funding bill and the Senate is expected to take the bill up and pass it next week. This compromise bill contains a moratorium, strongly supported by BIAA, to delay the implementation of several harmful Medicaid regulations until at least April 2009.

Congress also made progress on a major disability rights bill, as both the House Education and Labor Committee and the House Judiciary Committee marked up and approved the ADA Amendments Act of 2008 (H.R. 3195).

Finally, BIAA is excited to announce that it has joined a consortium of organizations working to put on a Dual Presidential Town Hall in Killeen, Texas. Killeen is home to Fort Hood, the largest U.S. military installation in the world. Senator McCain and Senator Obama have been invited to participate to discuss issues of mutual importance for our country, before an audience comprised of the men and women whose service and sacrifice ensure that these events continue through their defense of our country and of our Constitution. More information will be forthcoming pending further developments.

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

BIAA’s Policy Corner and Legislative Action Alerts are made possible by the Centre for Neuro Skills, James F. Humphreys & Associates, and Lakeview Healthcare Systems, Inc. The Brain Injury Association of America gratefully acknowledges their support for legislative action.

• Email This
• Print
• Comments
• Trackbacks

Brain Injury Association of America
Policy Corner E-Newsletter – June 13, 2008
A weekly update on federal policy activity related to traumatic brain injury
__________________________________________________________________
Dear Advocates:

Now that Congress has successfully passed this year’s budget, next week will feature key activity on appropriations on numerous fronts.

Late this week, Fiscal 2009 302(b) Appropriations Subcommittee Allocations were announced, including an allocation of $153.1 billion for the Labor, Health and Human Services (HHS), and Education Appropriations Subcommittee, which funds several important federal TBI programs.
House and Senate Appropriations markup schedules were also announced this week, with the House tentatively set to mark up its Labor-HHS-Education appropriations bill on June 19, and the Senate scheduled to mark up its version of the bill during the week of June 23.

In addition, it is possible the House may take up the war supplemental appropriations bill (H.R. 2642) next week, as Democratic leaders have made it a priority to pass this funding bill before Congress recesses for the Fourth of July.

In other developments, this past week the House Committee on Veterans Affairs held an important hearing on implementing the Wounded Warrior provisions contained in last year’s defense authorization bill, including several BIAA-supported provisions focused specifically on TBI care for returning servicemembers.

On Wednesday, the House Committee on Veterans Affairs also approved H.R. 2818, legislation endorsed by BIAA which would establish Epilepsy Centers of Excellence within the VA.
SPECIAL LEGISLATIVE ACTION ALERT: BIAA recently issued a Legislative Action Alert on Fiscal Year 2009 TBI appropriations. BIAA continues to urge advocates to make contact with their representatives in Congress and urge them to increase appropriations for federal TBI programs this year. If you have not already done so, please visit BIAA’s website TODAY to take action:

http://capwiz.com/bia/issues/alert/?alertid=11411806.

*Distributed by Laura Schiebelhut, BIAA Director of Government Affairs, on behalf of the Brain Injury Association of America; 703-761-0750 ext. 637; lschiebelhut@biausa.org
BIAA’s Policy Corner and Legislative Action Alerts are made possible by the Centre for Neuro Skills, James F. Humphreys & Associates, and Lakeview Healthcare Systems, Inc. The Brain Injury Association of America gratefully acknowledges their support for legislative action.

• Email This
• Print
• Comments
• Trackbacks

The Brain Injury Association of America appreciates me passing this latest legislative news on to my readers.

Brain Injury Association of America

Policy Corner E-Newsletter – June 6, 2008
A weekly update on federal policy activity related to traumatic brain injury
__________________________________________________________________
Dear Advocates:

Congress returned from a week-long Memorial Day recess this week, and proceeded to successfully pass a fiscal 2009 budget resolution (S. Con Res 70).

Also this week, BIAA joined coalition efforts focused on several important policy issues impacting the disability community, including efforts to protect Medicaid, strengthen the Americans with Disabilities Act, and formally comment on recently proposed rules concerning the Developmental Disabilities Act.

In other developments, the Senate passed by voice vote on Tuesday a package of veterans’ mental health bills. This package included legislation endorsed by BIAA which authorizes the establishment of six VA Epilepsy Centers of Excellence (Epilepsy CoEs) across the country to lead the way in epilepsy diagnosis, research, treatment and surgery. The House Veterans Affairs Health Subcommittee passed an amended version of the bill’s companion in the House, H.R. 2818, on Thursday.

SPECIAL LEGISLATIVE ACTION ALERT: BIAA issued a Legislative Action Alert on Fiscal Year 2009 TBI appropriations two weeks ago. Now that Congress has successfully passed a final budget resolution, BIAA continues to urge advocates to make contact with their representatives in Congress and urge them to increase appropriations for federal TBI programs this year. If you have not already done so, please visit BIAA’s website TODAY to take action:

http://www.biausa.org/policyissues.htm

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

BIAA’s Policy Corner and Legislative Action Alerts are made possible by the Centre for Neuro Skills, James F. Humphreys & Associates, and Lakeview Healthcare Systems, Inc. The Brain Injury Association of America gratefully acknowledges their support for legislative action.
To sign up to receive future BIAA Policy Corner E-Newsletters and Legislative Action Alerts, please go to http://capwiz.com/bia/mlm/signup/
__________________________________________________________________
Congress Passes Fiscal 2009 Budget Resolution

The House of Representatives passed the final fiscal 2009 budget resolution conference report (S. Con Res 70) on Thursday, by a narrow vote of 214-210. The Senate adopted the same resolution on June 4 by a vote of 48-45.

This marks the first year since 2000 that Congress has been able to successfully agree upon a final budget resolution. Congressional budget resolutions do not become law but rather serve as a blueprint, setting the parameters for spending and tax bills throughout the year.

Final passage of this year’s budget resolution facilitates the establishment of official funding (“302b”) allocations for the fiscal 2009 Labor-HHS-Education Appropriations bill, which funds multiple TBI-related programs, including programs authorized through the TBI Act. Once 302b Subcommittee allocations have been determined, the fiscal 2009 appropriations process can officially go forward with committee markups and other official action.

BIAA recently signed on to a coalition letter urging Appropriations Committee Chairs in both chambers to allocate an additional $15 billion over last year’s funding levels for the Labor-HHS-Education Subcommittees.

According to CQ Today, “The Democrats’ budget resolution calls for $24.5 billion more in discretionary spending than the $991.6 billion President Bush requested. Bush has threatened to veto bills that exceed his target, but Democrats may wait for him to leave office before completing work on these bills. The Appropriations committees will begin work this month, with the first House subcommittee markups next week” (David Clarke, CQ Today, 6/5/2008).

SPECIAL LEGISLATIVE ACTION ALERT: BIAA issued a Legislative Action Alert on Fiscal Year 2009 TBI appropriations two weeks ago. Now that Congress has successfully passed a final budget resolution, BIAA continues to urge advocates to make contact with their representatives in Congress and urge them to increase appropriations for federal TBI programs this year. If you have not already done so, please visit BIAA’s website TODAY to take action:

http://capwiz.com/bia/issues/alert/?alertid=11411806.

Also this week, BIAA joined coalition efforts focused on several important policy issues impacting the disability community, including efforts to protect Medicaid, strengthen the Americans with Disabilities Act (ADA), and formally comment on recently proposed rules concerning the Developmental Disabilities Act.

BIAA joined other advocacy organizations in signing on to one more letter urging Senate and House Democratic leadership to ensure that a comprehensive moratorium on seven harmful proposed Medicaid rules remains part of any supplemental war spending bill that is sent to the President. BIAA continues to strongly support the moratorium, as implementation of these proposed Medicaid rules would, among other harmful effects, restrict important access to rehabilitation services for many individuals with brain injury.

BIAA also signed on this week in support of a proposed deal on the ADA Restoration Act (ADARA) which has emerged in recent days. The drafted legislative language of this proposed deal on ADARA is aimed at restoring the intent and protections of the Americans with Disabilities Act of 1990, and is supported by numerous other disability advocacy organizations, including the American Association of People with Disabilities and the National Disability Rights Network. BIAA will continue to monitor developments as this legislation progresses.

In addition, BIAA signed on to joint comments of the Consortium for Citizens with Disabilities in response to proposed rules related to the Developmental Disabilities Act. The Comment Letter expresses several concerns regarding the proposed rules, including concern that these regulations were only recently published on April 10, 2008 – almost seven years after the 2000 Developmental Disabilities reauthorization bill mandated publication of these rules, and right in the middle of ongoing efforts to work on the 2008-2009 reauthorization.

Bill to Create VA Epilepsy Centers Progresses in Both Chambers

In other developments, the Senate passed by voice vote on Tuesday a package of veterans’ mental health bills. This package included legislation endorsed by BIAA which authorizes the establishment of six VA Epilepsy Centers of Excellence (Epilepsy CoEs) across the country to lead the way in epilepsy diagnosis, research, treatment and surgery. The House Veterans Affairs Health Subcommittee passed an amended version of the bill’s companion in the House, H.R. 2818, on Thursday.

The full House Veterans Affairs Committee is expected to approve the bill and report it to the floor of the House of Representatives before the end of the month.
In April, BIAA formally endorsed the legislation in a letter stating, “BIAA continues to advocate for the use of all available resources (including civilian sector resources when appropriate), as well as the development of new resources and system capacity within the VA, in order to ensure that all veterans with TBI receive the right care, right now.”

A copy of BIAA’s letter endorsing H.R. 2818 can be obtained by visiting BIAA’s website at the following address:  http://www.biausa.org/policyissues.htm.

• Email This
• Print
• Comments
• Trackbacks

Landmark Settlement for Individuals with Brain Injuries


SPRINGFIELD, Mass.--(BUSINESS WIRE)--Nearly 2000 individuals with brain injuries will be able to move out of nursing facilities and other institutions under a landmark settlement agreement signed today by state officials and attorneys for the plaintiffs.

The settlement resolves a class action lawsuit, Hutchinson v. Patrick, which was filed in US District Court in Springfield last year on behalf of five individuals, the Brain Injury Association of Massachusetts (BIA-MA) and the Stavros Center for Independent Living. The complaint charges that the Commonwealth is violating the Americans with Disabilities Act for failing to provide adequate community services.

“This is a historic moment for persons with brain injuries in Massachusetts, many of whom have been unnecessarily institutionalized in nursing facilities, often for decades,” said Steven J. Schwartz of the Center for Public Representation, lead counsel for the plaintiffs. “As a result of the settlement, close to 2000 persons with brain injuries finally will be able to live in integrated settings, nearer to their families and their home communities.”

Approximately 8000 people with brain injuries currently reside in nursing and rehabilitative facilities in Massachusetts. At least a quarter of them could successfully transition to integrated community settings if services were available, according to plaintiffs’ co-counsel, Richard Johnston, a partner at Wilmer Hale Cutler Pickering Hale and Dorr.

“Today’s agreement is a first in the nation for people with brain injuries and will serve as a model for other states,” said Arlene Korab, Executive Director of BIA-MA.
The Centers for Disease Control report that 5.3 million Americans are living with disabilities as a result of traumatic brain injuries (TBI) – head injuries caused by external events, such as falls or accidents. Acquired brain injuries (ABI) – caused by internal medical events such as stroke, disease or poisoning – also are significantly prevalent: more than 700,000 Americans suffer new apply to Medicaid-eligible residents of nursing and rehabilitation facilities who have either kind of brain injury. It is the first lawsuit in the nation that seeks community services for persons with all forms of brain injuries, regardless of the cause.
Under the settlement agreement, which is still subject to court approval, the Commonwealth will create two new waiver programs designed to transition individuals with brain injuries from nursing facilities and other institutions to community residences. The programs must be approved by the federal government, which will pay half the cost of both programs. The first program, called the ABI waiver, will serve up to 300 individuals with acquired brain injuries who currently are living in nursing and rehabilitation facilities. The second, called the Community First Demonstration Project, will offer transitional services and provide community placements to 1600 persons with brain injuries in nursing facilities. The programs will be implemented over several years, but should result in approximately 200-250 persons a year leaving nursing facilities.
“When I first learned about the issues being resolved, I was so happy, I filled up with tears,” Catherine Hutchinson, 55, the lead named plaintiff, wrote in a recent email. A mute quadriplegic as a result of a brain-stem stroke in 1996, she lived for more than a decade at the Middleboro Skilled Care Center. “I think about the residents [with brain injury] ... and I know what their empty lives are like,” wrote Hutchinson, who recently moved to The Boston Home, a specialized care facility in Dorchester.

The agreement also requires the Commonwealth to create a new system of community services for persons with brain injuries, including new policies and procedures, a new treatment planning process, a new appeal process for individuals and families, and new quality standards for community services. People in nursing facilities will be offered a choice to receive services in the most integrated setting appropriate to their needs, including their own homes and apartments, or shared living arrangements. In addition, the Commonwealth will establish an education and outreach initiative to inform persons with brain injuries and their families about the new waiver programs as well as the benefits of community living.

Korab applauded the courage of the named plaintiffs who “have opened the door for individuals with brain injury to live independently in the community.”

The majority of people with brain injuries spend weeks or months in acute care hospitals and rehabilitative facilities. Once the acute treatment ends, these individuals still need some level of assistance with personal care and activities of daily living rehabilitative care. However, due to the lack of community-based options for continued rehabilitative care, most of them have no choice but to be admitted to nursing and rehabilitative facilities to have their basic needs met.
When the lawsuit was filed May 17, 2007, Hutchinson described her decade-long institutionalization as being “in prison for a crime I didn’t commit.” In a written statement, she added, “We must find a way to allow people like me to live as independently as possible. I should not have to fight the system when each day I must already fight to communicate, to be understood, make choices and express my feelings.”

The settlement agreement will provide transitional and community services to Hutchinson, the other named plaintiffs and all class members. “For them, the promise of the Americans with Disabilities Act will become a reality,” said Schwartz.
In addition to Hutchinson, originally from Attleboro, the other named plaintiffs are Raymond Puchalski, 59, a Millers Falls resident who has lived for three years at the Kindred/Goddard Hospital’s neurobehavioral unit in Stoughton; Glen Jones, 58, of Haverhill, who has resided at the Worcester Skilled Care Center since 1990; and Nathaniel Wilson, 55, of Springfield, who resides at Wingate of Wilbraham. A fifth named plaintiff, Jason Cates of Westfield, died last fall.
A preliminary hearing on the settlement agreement will be scheduled for mid-June before District Court Judge Michael A. Ponsor in Springfield. Judge Ponsor has been asked to set a final fairness hearing on the agreement for July 25, 2008.

Contacts
Brain Injury Assn of Massachusetts
Pam Bush, 508-475-0032, ext. 18
or
Center for Public Representation
Kathryn Rucker, 617-965-0776
or
WilmerHale
Lauren Coppola, 617-526-6998

• Email This
• Print
• Comments
• Trackbacks

Landmark Settlement for Individuals with Brain Injuries

I received this exciting news from the Brain Injury Association of Massachusettes and the Northwest Brain Injury Association.  I am passing it on to my readers.


SPRINGFIELD, Mass.--(BUSINESS WIRE)--Nearly 2000 individuals with brain injuries will be able to move out of nursing facilities and other institutions under a landmark settlement agreement signed today by state officials and attorneys for the plaintiffs.

The settlement resolves a class action lawsuit, Hutchinson v. Patrick, which was filed in US District Court in Springfield last year on behalf of five individuals, the Brain Injury Association of Massachusetts (BIA-MA) and the Stavros Center for Independent Living. The complaint charges that the Commonwealth is violating the Americans with Disabilities Act for failing to provide adequate community services.

“This is a historic moment for persons with brain injuries in Massachusetts, many of whom have been unnecessarily institutionalized in nursing facilities, often for decades,” said Steven J. Schwartz of the Center for Public Representation, lead counsel for the plaintiffs. “As a result of the settlement, close to 2000 persons with brain injuries finally will be able to live in integrated settings, nearer to their families and their home communities.”

Approximately 8000 people with brain injuries currently reside in nursing and rehabilitative facilities in Massachusetts. At least a quarter of them could successfully transition to integrated community settings if services were available, according to plaintiffs’ co-counsel, Richard Johnston, a partner at Wilmer Hale Cutler Pickering Hale and Dorr.

“Today’s agreement is a first in the nation for people with brain injuries and will serve as a model for other states,” said Arlene Korab, Executive Director of BIA-MA.

The Centers for Disease Control report that 5.3 million Americans are living with disabilities as a result of traumatic brain injuries (TBI) – head injuries caused by external events, such as falls or accidents. Acquired brain injuries (ABI) – caused by internal medical events such as stroke, disease or poisoning – also are significantly prevalent: more than 700,000 Americans suffer new or recurrent strokes every year.

This case and the settlement agreement apply to Medicaid-eligible residents of nursing and rehabilitation facilities who have either kind of brain injury. It is the first lawsuit in the nation that seeks community services for persons with all forms of brain injuries, regardless of the cause.
Under the settlement agreement, which is still subject to court approval, the Commonwealth will create two new waiver programs designed to transition individuals with brain injuries from nursing facilities and other institutions to community residences. The programs must be approved by the federal government, which will pay half the cost of both programs. The first program, called the ABI waiver, will serve up to 300 individuals with acquired brain injuries who currently are living in nursing and rehabilitation facilities. The second, called the Community First Demonstration Project, will offer transitional services and provide community placements to 1600 persons with brain injuries in nursing facilities. The programs will be implemented over several years, but should result in approximately 200-250 persons a year leaving nursing facilities.

“When I first learned about the issues being resolved, I was so happy, I filled up with tears,” Catherine Hutchinson, 55, the lead named plaintiff, wrote in a recent email. A mute quadriplegic as a result of a brain-stem stroke in 1996, she lived for more than a decade at the Middleboro Skilled Care Center. “I think about the residents [with brain injury] ... and I know what their empty lives are like,” wrote Hutchinson, who recently moved to The Boston Home, a specialized care facility in Dorchester.

The agreement also requires the Commonwealth to create a new system of community services for persons with brain injuries, including new policies and procedures, a new treatment planning process, a new appeal process for individuals and families, and new quality standards for community services. People in nursing facilities will be offered a choice to receive services in the most integrated setting appropriate to their needs, including their own homes and apartments, or shared living arrangements. In addition, the Commonwealth will establish an education and outreach initiative to inform persons with brain injuries and their families about the new waiver programs as well as the benefits of community living.

Korab applauded the courage of the named plaintiffs who “have opened the door for individuals with brain injury to live independently in the community.”

The majority of people with brain injuries spend weeks or months in acute care hospitals and rehabilitative facilities. Once the acute treatment ends, these individuals still need some level of assistance with personal care and activities of daily living rehabilitative care. However, due to the lack of community-based options for continued rehabilitative care, most of them have no choice but to be admitted to nursing and rehabilitative facilities to have their basic needs met.

When the lawsuit was filed May 17, 2007, Hutchinson described her decade-long institutionalization as being “in prison for a crime I didn’t commit.” In a written statement, she added, “We must find a way to allow people like me to live as independently as possible. I should not have to fight the system when each day I must already fight to communicate, to be understood, make choices and express my feelings.”

The settlement agreement will provide transitional and community services to Hutchinson, the other named plaintiffs and all class members. “For them, the promise of the Americans with Disabilities Act will become a reality,” said Schwartz.

In addition to Hutchinson, originally from Attleboro, the other named plaintiffs are Raymond Puchalski, 59, a Millers Falls resident who has lived for three years at the Kindred/Goddard Hospital’s neurobehavioral unit in Stoughton; Glen Jones, 58, of Haverhill, who has resided at the Worcester Skilled Care Center since 1990; and Nathaniel Wilson, 55, of Springfield, who resides at Wingate of Wilbraham. A fifth named plaintiff, Jason Cates of Westfield, died last fall.
A preliminary hearing on the settlement agreement will be scheduled for mid-June before District Court Judge Michael A. Ponsor in Springfield. Judge Ponsor has been asked to set a final fairness hearing on the agreement for July 25, 2008.

Contacts
Brain Injury Assn of Massachusetts
Pam Bush, 508-475-0032, ext. 18
or
Center for Public Representation
Kathryn Rucker, 617-965-0776
or
WilmerHale
Lauren Coppola, 617-526-6998

• Email This
• Print
• Comments
• Trackbacks

Urge Your Representatives in Congress to Increase Federal Funding for TBI Programs! Take Action!



As Congress adjourns for Memorial Day Recess next week, formal appropriations action on federal TBI programs is just around the corner.

Beginning in June, both the House and Senate Appropriations Subcommittees are expected to hold markups on the Fiscal 2009 Labor, Health and Human Services (HHS), and Education Appropriations bill, which provides federal funding for multiple TBI programs.

Federal funding for TBI Act programs, as well as NIDRR's TBI-related research programs, has deteriorated or remained stagnant over the last several years. The urgent need for increased federal support for a national TBI public health infrastructure and TBI research is further heightened by the recognition of TBI as the signature wound of combat in Iraq and Afghanistan. The need for substantially increased federal funding for TBI programs must be clearly communicated to Members of Congress in the coming days and weeks if these programs are to be adequately funded this year.

In addition, this year's appropriations process poses a great challenge, as it is expected to be delayed and manipulated as a result of election year politics.

The return of Members of Congress to their home districts during the Memorial Day Recess this next week provides a critical opportunity for advocates to weigh in regarding the urgent need to increase funding for federal TBI programs. Likewise, BIAA urges advocates to click the "Take Action" link in the upper right hand corner of this email to contact their representatives in Congress via email or phone.

BIAA's Policy Corner and Legislative Action Alerts are made possible by the Centre for Neuro Skills, James F. Humphreys & Associates, and Lakeview Healthcare Systems, Inc. The Brain Injury Association of America gratefully acknowledges their support for legislative action.

To sign up to receive future BIAA Policy Corner E-Newsletters and Legislative Action Alerts, please go to http://capwiz.com/bia/mlm/signup/

• Email This
• Print
• Comments
• Trackbacks

Urge Your Representatives in Congress to Increase Federal Funding for TBI Programs!
Take Action!


As Congress adjourns for Memorial Day Recess next week, formal appropriations action on federal TBI programs is just around the corner.

Beginning in June, both the House and Senate Appropriations Subcommittees are expected to hold markups on the Fiscal 2009 Labor, Health and Human Services (HHS), and Education Appropriations bill, which provides federal funding for multiple TBI programs.

Federal funding for TBI Act programs, as well as NIDRR's TBI-related research programs, has deteriorated or remained stagnant over the last several years. The urgent need for increased federal support for a national TBI public health infrastructure and TBI research is further heightened by the recognition of TBI as the signature wound of combat in Iraq and Afghanistan. The need for substantially increased federal funding for TBI programs must be clearly communicated to Members of Congress in the coming days and weeks if these programs are to be adequately funded this year.

In addition, this year's appropriations process poses a great challenge, as it is expected to be delayed and manipulated as a result of election year politics.

The return of Members of Congress to their home districts during the Memorial Day Recess this next week provides a critical opportunity for advocates to weigh in regarding the urgent need to increase funding for federal TBI programs. Likewise, BIAA urges advocates to click the "Take Action" link in the upper right hand corner of this email to contact their representatives in Congress via email or phone.

BIAA's Policy Corner and Legislative Action Alerts are made possible by the Centre for Neuro Skills, James F. Humphreys & Associates, and Lakeview Healthcare Systems, Inc. The Brain Injury Association of America gratefully acknowledges their support for legislative action.
To sign up to receive future BIAA Policy Corner E-Newsletters and Legislative Action Alerts, please go to  http://capwiz.com/bia/mlm/signup/  

• Email This
• Print
• Comments
• Trackbacks

Brain Injury Association of America
Policy Corner E-Newsletter – May 23, 2008
A weekly update on federal policy activity related to traumatic brain injury
__________________________________________________________________
Dear Advocates:
After a busy week focused on a variety of legislation, including unsuccessful efforts to achieve final passage of the war supplemental appropriations bill and a budget resolution conference agreement, Congress is now in recess until Monday, June 2, in observance of the Memorial Day holiday.

BIAA issued a Legislative Action Alert on Fiscal Year 2009 TBI appropriations this week, despite the fact that Congress failed to successfully pass a final budget resolution. BIAA urges advocates to make contact with their representatives in Congress - and if possible, schedule a face-to-face meeting while they are in their home districts this next week – and urge them to increase appropriations for federal TBI programs.

On Wednesday, May 21, the Senate Veterans Affairs Committee held a hearing on pending health care legislation, including S. 2921, The Caring for Wounded Warriors Act, which BIAA has strongly endorsed. BIAA submitted a Statement for the Record for the hearing urging the Committee to swiftly approve the bill, which would strengthen supports for family caregivers of returning servicemembers with TBI.

Also this week, BIAA distributed an issue brief to Capitol Hill staff highlighting the need for TRICARE to officially cover cognitive rehabilitation. The information paper was accompanied by a summary of the research supporting the efficacy of cognitive rehabilitation in treating brain injury.
In addition this week, on May 22, 2008, BIAA submitted official comments to the Department of Education on the National Institute on Disability and Rehabilitation Research’s (NIDRR) Proposed Long-Range Plan for Fiscal Years 2010-2014. BIAA’s comments were based on a coalition letter which BIAA signed on to as well, but also included BIAA’s individual recommendations for future research priorities.

Note: Policy Corner will not be published next week, as Congress will be out of session. The next issue of Policy Corner will be published on Friday, June 6.

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

BIAA’s Policy Corner and Legislative Action Alerts are made possible by the Centre for Neuro Skills, James F. Humphreys & Associates, and Lakeview Healthcare Systems, Inc. The Brain Injury Association of America gratefully acknowledges their support for legislative action.

To sign up to receive future BIAA Policy Corner E-Newsletters and Legislative Action Alerts, please go to http://capwiz.com/bia/mlm/signup/
__________________________________________________________________
Appropriations Update
BIAA issued a Legislative Action Alert on Fiscal Year 2009 TBI appropriations this week, despite the fact that Congress failed to successfully pass a final budget resolution.
Although conferees came to an agreement on a final budget plan on Tuesday, a glitch with a major farm bill (H.R. 2419) threw the congressional schedule in to chaos Wednesday night. This scheduling problem eventually resulted in the postponement of a vote on the adoption of the fiscal 2009 budget resolution conference agreement until June.

The budget resolution is a nonbinding document which determines annual aggregate revenue and spending targets for Congress. This year, Democrats have proposed to spend $24.5 billion more than the $991.6 billion in discretionary funding proposed by President Bush.
Final passage of a budget resolution would facilitate the establishment of official funding allocations for the fiscal 2009 Labor-HHS-Education Appropriations bill, which funds multiple TBI-related programs, including programs authorized through the TBI Act.

However, according to CQ Today, “Because of the likelihood of a protracted dispute between Congress and the White House, few, if any, of the appropriations bills are likely to be cleared before the Nov. 4 elections. Indeed, Democrats may try to enact a long-term continuing resolution that would last until after the Jan. 20 inauguration of the next president” (David Clark, CQ Today, 5/22/08).

Regardless of how the appropriations process is expected to play out this year, BIAA urges advocates to make contact with their representatives in Congress - and if possible, schedule a face-to-face meeting while they are in their home districts this next week – and urge them to substantially increase appropriations for federal TBI programs.

BIAA Submits Statement for the Record to Senate Veterans Affairs Committee
On Wednesday, May 21, the Senate Veterans Affairs Committee held a hearing on pending health care legislation, including S. 2921, The Caring for Wounded Warriors Act, which BIAA has strongly endorsed. BIAA submitted a Statement for the Record for the hearing urging the Committee to swiftly approve the bill, which was introduced by Senator Hillary Rodham Clinton and 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.

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.
In the Statement for the Record, BIAA President and CEO Susan H. Connors noted, “Family care is the most important source of assistance for people with chronic or disabling conditions, including people with brain injury. Yet, research has found that all too often, the traumatic brain injury of a spouse or close relative places extreme stress on family caregivers, frequently resulting in negative physical and emotional outcomes for the caregivers themselves.”
To view a copy of BIAA’s Statement for the Record on S. 2921, please visit our website at http://www.biausa.org/policyissues.htm.

BIAA Publishes Issue Brief Calling for Official TRICARE Coverage of Cognitive Rehabilitation
Also this week, BIAA distributed an issue brief to Capitol Hill staff highlighting the need for TRICARE to officially cover cognitive rehabilitation. The information paper was accompanied by a summary of the research supporting the efficacy of cognitive rehabilitation in treating brain injury.
BIAA’s issue brief makes a compelling argument for making cognitive rehabilitation an official benefit within TRICARE, arguing that “A clear clinical consensus has developed recognizing the importance of providing cognitive rehabilitation to patients with TBI, and servicemembers suffering from TBI resulting from deployment deserve nothing less than the appropriate level of care based on currently accepted and widely used treatment modalities.”

To view a copy of BIAA’s Issue Brief on Cognitive Rehabilitation & TRICARE, please visit our website at http://www.biausa.org/policyissues.htm.

BIAA Submits Comments on NIDRR’s Long-Range Plan for Fiscal Years 2010-2014
On May 22, 2008, BIAA submitted official comments to the Department of Education on the National Institute on Disability and Rehabilitation Research’s (NIDRR) Proposed Long-Range Plan for Fiscal Years 2010-2014. BIAA’s comments were based on a coalition letter which BIAA signed on to as well, but also included BIAA’s individual recommendations for future research priorities.

To view a copy of BIAA’s Comment Letter on NIDRR’s Long-Range Plan, please visit our website at http://www.biausa.org/policyissues.htm.

• Email This
• Print
• Comments
• Trackbacks

BIAA legislative update as follows: 

Defense issues are expected to be the focus of legislative activity next week, as the Senate plans to debate the war supplemental bill, while the House plans to consider the fiscal 2009 defense authorization bill (H.R. 5658).

Earlier this week, the House passed an amendment related to the war supplemental bill containing a provision, strongly supported by the Brain Injury Association of America, which would

delay implementation of seven harmful Medicaid regulations proposed by the Bush Administration. BIAA will continue to advocate in favor of maintaining this provision in the war supplemental bill as it is considered by the Senate next week.

Also next week, floor consideration of a possible final version of the fiscal 2009 budget resolution (S. Con. Res. 70) could also take place, as Congress works to accomplish legislative goals before leaving town for a week-long Memorial Day Recess beginning on Monday, May 26.
Final passage of a budget resolution would include the establishment of official funding allocations for the fiscal 2009 Labor-HHS-Education Appropriations bill, which funds multiple TBI-related programs, including programs authorized through the TBI Act.

Please watch for a BIAA Legislative Action Alert on fiscal 2009 TBI Appropriations to be sent out early next week.
__________________________________________________________________
Debate over War Supplemental Bill Continues

An amendment related to the war supplemental bill passed by the House earlier this week contained a provision, strongly supported by the Brain Injury Association of America, which would delay implementation of seven Bush administration Medicaid regulations.

This provision includes the content of legislation (H.R. 5613) endorsed by BIAA, which would place a moratorium through March 2009 on several harmful Medicaid regulations, including regulations which would negatively impact individuals with traumatic brain injury.

According to an article last week in CQ Today, by attaching H.R. 5613 to the war spending bill, Democrats hope to avoid an extra set of cloture votes in the Senate, where the Medicaid moratorium bill on its own had been facing a GOP filibuster (Alex Wayne, CQ Today, 5/6/2008).
The House of Representatives passed H.R. 5613 by a veto-proof margin, 349-62, on April 23. Without a moratorium, all seven of the regulations would go into effect by June 30 of this year, including regulations which would limit access to essential services for individuals with brain injury.

BIAA continues to strongly endorse H.R. 5613 and supports efforts to keep the bill’s content in the war supplemental legislation as it is considered by the Senate next week.
Fiscal 2009 Appropriations Update

Floor consideration of a possible final version of the fiscal 2009 budget resolution (S. Con. Res. 70) could take place next week, as Congress works to accomplish legislative goals before leaving town for a week-long Memorial Day Recess beginning on Monday, May 26.
Final passage of a budget resolution would include the establishment of official funding (“302b”) allocations for the fiscal 2009 Labor-HHS-Education Appropriations bill, which funds multiple TBI-related programs, including programs authorized through the TBI Act.

Last week, BIAA signed on to a coalition letter urging Appropriations Committee Chairs in both chambers to allocate an additional $15 billion over last year’s funding levels for the Labor-HHS-Education Subcommittees.

The letter states that this additional funding is necessary, as it would “(1) restore cuts to core program funding over the last four years, (2) more appropriately account for four years of inflation and population growth to maintain service levels and purchasing power; and (3) return these programs to the FY 2005 level, a high water mark for many.”

Once 302b Subcommittee allocations have been determined, the fiscal 2009 appropriations process can officially go forward with bill markups and other official action.

Continue Reading...

• Email This
• Print
• Comments
• Trackbacks

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.

• Email This
• Print
• Comments
• Trackbacks

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.

• Email This
• Print
• Comments
• Trackbacks

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.

• Email This
• Print
• Comments
• Trackbacks

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.

• Email This
• Print
• Comments
• Trackbacks

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.

• Email This
• Print
• Comments
• Trackbacks

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.

• Email This
• Print
• Comments
• Trackbacks

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.

• Email This
• Print
• Comments
• Trackbacks

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.

• Email This
• Print
• Comments
• Trackbacks

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.

• Email This
• Print
• Comments
• Trackbacks

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

• Email This
• Print
• Comments
• Trackbacks

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

• Email This
• Print
• Comments
• Trackbacks

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.

• Email This
• Print
• Comments
• Trackbacks

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

• Email This
• Print
• Comments
• Trackbacks

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

• Email This
• Print
• Comments
• Trackbacks

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.

• Email This
• Print
• Comments
• Trackbacks

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.

• Email This
• Print
• Comments
• Trackbacks

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.

• Email This
• Print
• Comments
• Trackbacks

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

 

• Email This
• Print
• Comments
• Trackbacks

 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

 

• Email This
• Print
• Comments
• Trackbacks

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.

• Email This
• Print
• Comments
• Trackbacks

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.

• Email This
• Print
• Comments
• Trackbacks

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.

• Email This
• Print
• Comments
• Trackbacks

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.

• Email This
• Print
• Comments
• Trackbacks

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.

• Email This
• Print
• Comments
• Trackbacks

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.

• Email This
• Print
• Comments (1)
• Trackbacks

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.

• Email This
• Print
• Comments
• Trackbacks

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.

• Email This
• Print
• Comments
• Trackbacks

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.

• Email This
• Print
• Comments
• Trackbacks

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.

 

• Email This
• Print
• Comments
• Trackbacks

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.

• Email This
• Print
• Comments (3)
• Trackbacks

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.

• Email This
• Print
• Comments
• Trackbacks

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.

• Email This
• Print
• Comments
• Trackbacks

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.

• Email This
• Print
• Comments (2)
• Trackbacks

 
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 - 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 - 5:00pm
Closing Session
Speaker TBD

• Email This
• Print
• Comments
• Trackbacks

The Brain Injury Association of America is initiating its legal conference again.  The last conference was cancelled in 2001 as the planes crashed into the World Trade Center.  Unfortunately the conference was never revived until now.  And that is great news.

The format will allow plaintiff and defense lawyers to get the edcuation needed to properly recognize and evaluate brain injury cases.  There will be refinements over the next few days.  I am on the planning committee and look forward to a successful conference.  Here is a sneak peek at what is coming.

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!

• Email This
• Print
• Comments
• Trackbacks

Recent reports put the U.S. ahead of Canada in caring for spine and brain injury.  Seems that the time necessary to get emergent care is longer outside the U.S. resulting in poorer outcomes.  Canada sends acute care patients to the U.S. 

“There have been very serious health-care problems that have arisen in neurosurgical patients because of the lack of ability to attain timely transport to expert neurosurgical centres in Ontario,” said R. Loch Macdonald, chief of the division of neurosurgery at St. Michael's Hospital in Toronto. Those problems, he said, include “brain injury or brain damage that could have been prevented by earlier treatment.”

To read more click here.

• Email This
• Print
• Comments
• Trackbacks

The House of Representatives returned to session this week, and promptly voted to pass a revised version of the National Defense Authorization Act for Fiscal Year 2008 (H.R. 4986) to replace the version (H.R. 1585) vetoed by President Bush late last month. Important wounded warrior provisions related to TBI care remain unchanged in the new version, which is expected to be enacted into law shortly.

In addition, President Bush this week approved $3.7 billion in emergency funding for veterans health care which was deemed “contingency” spending in the fiscal 2008 omnibus appropriations bill passed in December.

Also this week, the House Committee on Energy and Commerce Subcommittee on Health held its first hearing of the year focused on the critical importance of Medicaid as a source of health care, including long-term care, for Americans with disabilities.

Looking ahead, both chambers will observe the Martin Luther King Jr. holiday on Monday. The Senate will return to session on Tuesday, along with the House, but the House is then expected to be out on Thursday and Friday due to an annual Democratic policy retreat.

Stay tuned for upcoming BIAA News Flashes detailing ongoing efforts to urge the House to take up TBI Act reauthorization legislation.

• Email This
• Print
• Comments
• Trackbacks

President Bush unexpectedly vetoed H.R. 1585, the National Defense Authorization Act for Fiscal Year 2008, on December 28, 2007.

Congressional passage of this bill earlier in December represented a major legislative victory for improving TBI care for returning service members and veterans, as the bill included many components specific to TBI care among its important wounded warrior provisions. BIAA lobbied actively this year on many of these TBI care provisions - and even helped author a few - contained in the final version of the bill, and grassroots activity on the part of TBI advocates helped ensure that these TBI provisions were included in the final bill.

President Bush had been expected to sign the bill, but due to intense last-minute pressure from the Iraqi government over certain provisions, the White Hosue issued a veto, surprising Congress and the general public.

Indications at this point are that Congressional leadership and the relevent committees involved will swiftly resolve the issues at hand and resend the bill to the President for his signature shortly after Congress reconvenes. The House of Representatives is scheduled to come back into session on January 15, and the Senate is expected to resume session on January 22.

As of right now, BIAA is holding off on doing any grassroots activity on this issue, since informal discussions with various veterans service organizations and Senate staff have indicated that grassroots advocacy may not be warranted at this particular moment. If BIAA determines that a grassroots Action Alert might be able to play a productive role as things go forward, one will will promptly be issued.

• Email This
• Print
• Comments
• Trackbacks

Wayne State Univiersity is leading the research with a grant to study the effect of the "invisible fist" of blast injuries.  To see a short 2 minute video click here.

Dr. Pamela VandeVord, assistant professor at Wayne State University, is seen here using a blast tube to study how pressure from explosions might cause brain injuries.  The tube mimics explosions in Iraq to study what happens in the brain.

About 1.4 million people suffer a TBI every year in the United States, according to the Brain Injury Association of America.

Researcers now believe that what was once believed to by PTSD is actually TBI; organic versus non-organic injury.

• Email This
• Print
• Comments
• Trackbacks

The Associated Press reports senate approved defense spending bill to assist troops.

The Senate on Friday passed a defense policy bill that would offer more help to troops returning from combat and set conditions on contractors and pricey weapons programs.

The measure reflects the best Democrats could do this year on their national security agenda while holding such a slim majority. Powerless to overcome GOP objections in the Senate, the bill does not order troops home from Iraq, as Democrats would have liked.

To Read the full story click here.

• Email This
• Print
• Comments
• Trackbacks

The Washington Post wrote:

Much as physical fitness buffs hit the gym daily, seniors are doing brain exercises to tone their minds. The theory -- so far with little hard science behind it -- is that mental stimulation slows memory loss and other cognitive declines associated with aging.

Encouraged by research suggesting the brain can sprout new cells and rewire existing ones late in life, senior communities are supplementing their usual lineup of bingo and art classes with new video games, Sudoku puzzles and computer activities.

To find out more click here.

• Email This
• Print
• Comments (2)
• Trackbacks

60 Minutes just aired an incredible piece on new findings for brain injured people in a minimally conscious state. 

The story describes fireman Don Herbert who was injured when a roof fell on him while making a rescue attempt.  Unconscious for 10 years, Don is shown waking up and being aware of the fact that he was "gone."

The next story is of George Menendez who also sustained brain injury and was minimally conscious.  His mother thought to give him Ambien for sleep one night when he was moaning.  George, for the first time, opened his eyes and was able to communicate with his family.

Experts believe there is a subset of brain injured people who may respond to Ambien.  PET scans were done before and after Ambien was ingested and the results were remarkable.  The brain showed distinctive functioning after Ambien.

This is an exciting discovery and I hope there is more to come.  To see the amazing 12 minute video click here.

• Email This
• Print
• Comments (1)
• Trackbacks

Rhode Island Hospital has been fined $50,000 and reprimanded by the state Department of Health after its third instance this year of a doctor performing brain surgery in the wrong side of a patient's head.

I've heard of doctor's who amputate the wrong leg while the patient is on the operating table.  This lead to patients writing "this leg" on their leg before going in for surgery.  How, I wonder, can we help the busy, busy medical community to not drill holes in the healthy part of our brains?

Check it out.

• Email This
• Print
• Comments
• Trackbacks

AAJ Education will present ten half-day CLE programs designed for the experienced plaintiff lawyer with a focus on advanced trial skills and popular specialized topics, plus one session of Litigation at Sunrise. Presenters include accomplished trial lawyers and other experts. Earn approximately 22 CLE* and AAJ Education credits, including 2 ethics credits, in 5 days, and gain a national perspective at these cutting-edge programs designed to help you better represent your clients.

ADVOCACY TRACK THEMES
• Proving Liability and Causation: Discovery in Complex Cases
• Focus Groups and Voir Dire
• Persuasion and Storytelling in Trial
• Motivating the Jury to Award Full Damages
• Defeating Mandatory Arbitration and Winning in Mediation

SPECIALIZED TRACK THEMES
• Traumatic Brain Injury (TBI) Cases—Proof of the Invisible
• Representing Veterans—Fighting for Our Troops on the Home Front
• Products Liability
• Medical Negligence
• Vioxx Settlement: You've Seen the Headlines--Now what happens?

NEW HOTEL ADDED

Registrations for the American Association for Justice 2008 Winter Convention are continuing to rise. Please note that due to overwhelming demand for hotel reservations, AAJ attendees have completely sold out the El Conquistador Resort & Golden Door Spa. A new overflow resort, The Rio Mar Beach Resort and Spa – a Wyndham Grand Resort, has been added to accommodate attendees. The Rio Mar Beach Resort and Spa will honor the AAJ Convention partial ocean view and ocean view rates offered at the El Conquistador Resort & Golden Door Spa.

Complimentary shuttle service will be provided between the Rio Mar Beach Resort and the El Conquistador. Final shuttle schedules will be posted on the AAJ Web site late November 2007.

Don't Delay –
Make sure to reserve a room today. Start your registration process by visiting http://www.justice.org/convention/PR08/. Special hotel rates are available at the convention hotel; these rates are valid only through our official agent, ETA. You must be an AAJ convention registrant in order to make hotel and travel reservations.

For more information and to register,
visit http://www.justice.org/convention/PR08/,
or call 800-424-2725 or 202-965-3500, ext. 613.

• Email This
• Print
• Comments
• Trackbacks