April 2008


On Monday, April 28, 2008, President Bush signed into law  S. 793, the "Traumatic Brain Injury Act of 2008," which authorizes appropriations and will make changes to the Department of Health and Human Services programs. These programs provide grants for State programs for increased support for  tracking and reporting of brain injuries and resources for brain injury rehabilitation.

This law is a long time coming and is a huge step for the prevention and care of those suffering from a traumatic brain injury.

Due to the recent recall of the drug Digitek, originally prescribed to treat heart failure and cardiac arrhythmias, the personal injury attorneys of my firm are now reviewing potential claims for individuals who have suffered a serious injury, illness or death due to a Digitek overdose.

Digitek was recalled in April after it had become known that some tablets may contain twice the amount of the approved active ingredient, which can lead to serious illness, injury and death. The US Food and Drug Administration is asking all pharmacists to notify patients who were prescribed Digitek of the potential risk to their health.

If you or a loved one has suffered a serious illness, injury or death due to a Digitek overdose please contact an experienced injury lawyer from my firm in order to have your claim reviewed.

A new study released by the RAND Corporation reported that 19% of our American troops serving in Afghanistan and Iraq said that they may have experienced a traumatic brain injury yet a majority of these have never been evaluated or treated. 

This study further evidences the need for better evaluation and treatment for our troops.  From a neurolaw standpoint, this study should be very helpful in deflecting defense attacks against our clients with traumatic brain injury who leave the scene of an accident without receiving any medical attention or, who are seen in the emergency room yet don’t complain about any of the effects of a brain injury or concussion.

For those interested in following up on this story, I direct you to the New York Times story that appeared in the April 18, 2008 issue.

I have just returned from attending the 7th World Congress on Brain Injury which was held in conjunction with the National Congress of the Portugese Society of PMR Lisbon, Portugal.  This World Congress was sponsored and held under the auspices of the International Brain Injury Association.
 
The Congress brought experts from around the world to discuss advanced techniques in the treatment and care of patients with traumatic brain injury.  Over the next few weeks, I will provide summaries of some of the presentations and posters which were most applicable to the field of brain injury litigation.
 
From an organizational standpoint, readers of my blog are well aware that I presently serve as treasurer of the International Brain Injury Association.  While in Lisbon, I attended numerous organizational meetings to advance the causes of this outstanding organization.
 
On Thursday, I attended the Board of Directors meeting at which time the Board of Directors of IBIA adopted the new by-laws which I had drafted at the request of the IBIA chair, Nathan Zasler, M.D. 
 
On Friday, the entire Board of Governors met at which time, Dr. Jose Leon-Carrion was elected to fill the newly-created position of vice chair.  Dr. Leon-Carrion is a physiatrist who practices in Seville, Spain.  Dr. Claudio Perino, a physician from Turin, Italy was elected to replace Dr. Leon-Carrion as the new secretary.  Finally, Jennie Ponfords, Ph.D., a neuropsychologist practicing in Melbourne, Australia was elected to serve on the executive board.  Dr. Nathan Zasler, a physiatrist from Richmond, Virginia will continue as chairman of IBIA and I will continue to serve as treasurer.
 
The Board also selected eight new board members with diverse practices and from diverse parts of the world.
 
At the Board meeting, it was the consensus of the Board of Governors that the 8th World Congress on Brain Injury should be held in the United States.  The Board is still considering various proposals with regard to site selection.
 
Congratulations go out to Dr. Zasler as well as Margaret Roberts and Chas Haynes of MCC Association Management who did an outstanding job in coordinating and running this outstanding Congress.

The House of Representatives voted last Tuesday on a bill to expand research and surveillance of traumatic brain injuries. The new legislation will also help to ensure that all newborns get adequate screening for genetic or metabolic diseases. The brain trauma bill, passed 392-1 by the House, which has already been approved by the Senate, and the Senate is expected to act soon to send it to President Bush for his signature.

The legislation authorizes National Institutes of Health programs through fiscal year 2011 and directs the Centers for Disease Control and Prevention to conduct a study into national traumatic brain injury trends and identify treatments. It also supports Health Resources Service Administration grants to fund state projects to improve access to rehabilitation.

Representative Bill Pascrell, D-N.J.,  was a chief sponsor of the bill, and said that up to two-thirds of those wounded in Iraq have injuries affecting the brain, and many, especially those from the National Guard and the Reserves, have to turn to civilian care because their injuries are initially misdiagnosed or go undiagnosed.

This is a huge step in the care and resources that will be available to those suffering from traumatic brain injuries. You can read more on the bill and the positive effects it will have for those in need here.

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