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Experts rip NFL’s $1B injury settlement

The proposal faces sharp criticism from lawyers representing some players as well as advocates for survivors of traumatic brain injuries. BY 


Fewer than 1% of ex-players opt out of concussion settlement

Gary Mihoces, USA TODAY Sports 8:22 p.m. EST November 3, 2014 Former NFL players and survivors of others had a chance to separate themselves from a tentative settlement of concussion lawsuits filed by more than 5,000 ex-players against the league. But only a few pulled out even though objections to the agreement continue. A filing Monday… Continue reading →


NFL concussion suit: Belcher’s daughter opted in

Gary Mihoces, USA TODAY Sports 11:11 p.m. EDT October 13, 2014 Former NFL players have until Tuesday to decide whether to opt out or take part in a tentative settlement of concussion suits against the league. Few have opted out so far. An attorney says different choices will be made in the cases of late… Continue reading →


Pleasantville Couple Leads The Way In Brain Injury Law

By: Leif Skodnick WestFaironline.com You have to have a good brain to be a good lawyer, but it takes more than a good brain to be a good brain-injury lawyer. In Pleasantville, partners at De Caro and Kaplen L.L.P. have built one of the nation’s top practices in the area of brain injury law, and it’s not… Continue reading →


Concussion Lawsuit Seeks to Force Rule Changes in Soccer

By BEN STRAUSS AUG. 27, 2014 A group of soccer parents and players filed a class-action lawsuit Wednesday morning against FIFA, the sport’s international governing body, over its handling of concussions. Filed in United States District Court in California, the suit also names American soccer organizations, including U.S. Soccer and the American Youth Soccer Organization, charging that… Continue reading →


Concussion Settlement Is Deeply Flawed

Michael V. Kaplen and Shana De Caro, The National Law Journal July 21, 2014 An analysis of the proposed National Football League settlement affecting about 20,000 retired players that U.S. District Judge Anita Brody preliminarily approved on July 7 exposes significant flaws. Many classes of players are not adequately represented, and most NFL players are… Continue reading →


NFL retirees have tough choice on concussion lawsuits

By: Gary Mihoces, USA TODAY Sports July 12, 2014 A federal judge has given preliminary approval to a settlement of concussion suits against the NFL. In coming months, about 20,000 retired players face their own decisions. Do they join a settlement that promises hundreds of millions of dollars in awards and other benefits? Or do they… Continue reading →


World Cup Soccer Brain Injuries – New York Brain Injury Lawyer

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Same Play, Different Day

  Same Play, Different Day The revised proposed settlement of the class action lawsuit against the NFL remains fundamentally flawed. The settlement neither recognizes nor compensates the majority of players who suffer the long-term consequences of repeated concussive injury. The foundation of the lawsuit was the deliberate and longstanding misrepresentations by the NFL and its… Continue reading →


Still plenty of skeptics after NFL reaches new deal with players to settle concussion-related lawsuit

Hopefully the settlement will provide medical care, support and hope to thousands of guys who have suffered because of injuries incurred playing America’s most brutal sport at its highest level. Saturday, June 28, 2014, 11:40 AM BY MICHAEL OKEEFFE Brent Boyd has earned the right to be cynical: When the NFL’s disability board denied his concussion… Continue reading →


Our Credentials

Michael Kaplen

Professorial Lecturer in Law
The George Washington University Law School

Past Chair
New York State Traumatic
Brain Injury Coordinating Council

3 Term President
Brain Injury Association of
New York State

Past Chair
Traumatic Brain Injury Litigation
Group: American Association
For Justice

Past Chair
Motor Vehicle, Highway, Premises
Liability Section: American Association
For Justice

President
American Academy of Brain Injury Attorneys

Past Vice President
New York State Academy of Trial Lawyers

Board of Trustees, Melvin M. Belli Society

National Advisory Board
Association of Plaintiff’s Interstate
Trucking Lawyers of America

Board of Governors, American Board of Professional Liability Attorneys

Board of Directors
New York Academy of Trial Lawyers

Past Co-Chair
Tort Section, New York County
Lawyers Association

Past member-Board of Directors
Trial Lawyers for Public Justice

Editorial Board

Neurolaw Letter
Board Certified
Civil Trial Advocate
National Board of Trial Advocacy*

Board Certified
American Board of Professional
Liability Attorneys
Medical Liability*

Sustaining Member:
American Association for Justice
Public Justice Foundation

Member:
N.Y.S. Trial Lawyers Association
Florida Academy of Trial Lawyers
Southern Trial Lawyers Association
North American Brain Injury Association

Graduate of Marquette University, College of Health Sciences, in Neuro Anatomical Dissection of the Human Brain and Spinal Cord

Admitted to practice:
New York
Florida
District of Columbia
United States Court of Appeals, Second Circuit
United States Federal District Courts:
Southern, Eastern and Northern Districts of New York

Honors & Awards:

New York Super Lawyer

Top 100 New York Trial Lawyers -
American Trial Lawyer Association

Trial Lawyers for Public Justice
Public Achievement Award

Shana DeCaro

Chair
Traumatic Brain Injury Group: American Association for Justice

Board of Directors:
Brain Injury Association of America

1st Vice President
American Academy of Brain Injury Attorneys

Board of Trustees, Secretary
Civil Justice Foundation

Board of Directors
New York State Academy of Trial Lawyers

Fellow
American Association for Justice

Fellow
Melvin M. Belli Society

Editor
Law Update
New York Academy of Trial Lawyers

Amicus Counsel
New York State Academy of Trial Lawyers

Judicial Screening Committee
New York State Academy of Trial Lawyers

Fellow
Litigation Counsel of America,
Trial Lawyer Honorary Society

Lawyers Diversity Law Institute Advisory Board,
Litigation Counsel of America

Honors and Awards:

New York Super Lawyer

Trial Lawyers for Public Justice
Public Achievement Award

President’s Award
New York State Academy of Trial Lawyers

Who’s Who in American Women

Who’s Who in American Law

Top 100 New York Trial Lawyers-American Trial Lawyers Association

Elite Lawyers Of America

Graduate of Marquette University, College of Health Sciences, in Neuro Anatomical Dissection of the Human Brain and Spinal Cord

Member:
New York Academy of Trial Lawyers
New York State Trial Lawyers Association
Brain Injury Association New York State
North American Brain Injury Association

Nursing Home Litigation Group
American Assoc. for Justice

Interstate Trucking Litigation Group
American Assoc. for Justice

Birth Trauma Litigation Group
American Assoc. for Justice

Stroke Litigation Group

American Assoc. for Justice

Professional Liability Litigation Group

American Assoc. for Justice

Professional Information Exchange Negligence Litigation Group

American Assoc. For Justice

Ask The Expert: BrainLine
Contributing Author

Advisory Board, Acquired Brain Injury Program, The George Washington University Graduate School of Education and Human Development, Washington, D.C.

Admitted to Practice:
New York State
United States Court of Appeals, Second Circuit
United States Federal District Courts:
Southern, Eastern and Northern Districts of New York
United States Tax Court
United States Court of International Trade
District of Columbia
Supreme Court of the United States

 

* The National Board of Trial Advocacy and the American Board of Professional Liability Attorneys are not affiliated with any government authority. Certification is not a requirement for the practice of law in the State of New York and does not necessarily indicate greater competence than other attorneys experienced in this field of law.