De Caro & Kaplen partner Michael V. Kaplen, a three-term president of the Brain Injury Association of New York State, and professorial lecturer at law, teaching a course in brain injury law at the George Washington University Law School, discusses news on traumatic brain injury and concussions.
Click the links below to jump to a video breakdown of the news, along with a short summary.
A Message for Senator McConnell; Concussions Are No Joking Matter
In this episode of Brain Injury Insider, host Michael Kaplen discusses an insensitive and damaging comment made by Senator McConnell to the media following his recent concussion and recovery.
27 Years of The Traumatic Brain Injury Act
27 years ago, July 29, 1996, the Traumatic Brain Injury Act of 1996 was signed into law by President Bill Clinton. The act was the only original federal legislation addressing brain injury prevention, research, and the delivery of services to traumatic brain injury victims and their families.
Since the act was signed, traumatic brain injury continues to be a nightmare for millions of Americans. Traumatic brain injury has reached epidemic proportions affecting infants, adolescents, our military, victims of domestic violence, athletes at all levels, and the elderly.
Head Injuries in New York State: A report to the Governor (1986):
“Head injuries that occurred in an instant have produced a lifetime of disappointment, anger, and frustration for thousands of New Yorkers. When victims and their families seek assistance in resolving the problems that result from head injury, they find that in many cases no help is available.”
- No coordination of services
- No defined state policies
- No comprehensive network
Federal Interagency Head Injury Task Force (1987):
“There are no words to express the fear, anguish, and despair of TBI victims and their families. The problems resulting from severe impairment of a family member are compounded by the frustrations of trying to work within medical, legal, and social systems, that for the most part, are not equipped to deal with either the immediate or long-term consequences of TBI. Indeed, many patients and their families find that the present system discourages efforts toward self-sufficiency and provides no support for the family as a unit.”
Recommendations, New York State Brain Injury Action Plan-2012:
- Enhance public knowledge of TBI treatment and prevention;
- Improve availability/access to community based TBI services;
- Enhance TBI provider training, diagnosis and treatment;
- Maximize educational/vocational opportunities;
- Address the need for accessible affordable housing.
These issues still exist today in New York and throughout our nation.
Victims and their families lack information on how and where to obtain services, services even when they exist are inaccessible to many, gaps in services are pervasive, insurance companies deny reimbursement for necessary care and rehabilitation, state Medicaid waiver programs are difficult to navigate and fail to address the needs of beneficiaries.
27 years later, we are still confronting the challenges and needs of brain injury victims.
The silent epidemic of traumatic brain injury must be addressed by Congress and our States.
With someone sustaining a brain injury every 9 seconds according to the Centers for Disease Control, we have no more time to wait.
The Brain Injury Task Force
In this episode of Brain Injury Insider, host Michael Kaplen discusses the Congressional Brain Injury Task Force, and urges more representatives to join the task force in 2023.
A Tribute To Susan Connors On The Announcement Of Her Retirement From BIAA
In this episode of Brain Injury Insider, host Michael Kaplen pays tribute to Susan Connors, who recently announced her retirement from the Brain Injury Association of America after more than 17 years of service.
In Tribute to Muriel Lezak, PhD.
In this episode of Brain Injury Insider, we remember Muriel Lezak, author of the leading text on the evaluation of brain injury and brain disorders, and a pioneer in the field of neuropsychology, who sadly passed away earlier this year.
Yehuda Ben-Yishay (1933-2021)
In this episode of Brain Injury Insider, host Michael V. Kaplen says goodbye to his friend Yehuda Ben-Yishay who sadly passed away aged 88, and reflects on Yehuda’s incredible life and pioneering work in the treatment of traumatic brain injury.
About The Author
Michael V. Kaplen represents victims of vehicle collisions, unsafe buildings and construction sites, and medical malpractice, and is a preferred attorney of The Brain Injury Association of America.
Michael is board certified as a Civil Trial Advocate and board certified in medical malpractice litigation. He is a Professorial Lecturer in Law, The George Washington University Law School, The Legal Aspects of Traumatic Brain Injury.
Michael is past chairman of the American Association for Justice (AAJ) Automobile, Highway and Premise Liability Section, past chairman of the AAJ Traumatic Brain Injury Litigation Group, three term president of the Brain Injury Association of New York State served two terms as chair of the New York State Traumatic Brain Injury Services Coordinating Council and vice-president, New York State Academy of Trial Lawyers.
He was invited by President Obama to participate in the White House Healthy Kids & Safe Sports Concussion Summit.
He is admitted to courts in New York, Florida, and Washington, DC. He has been selected as a New York Super Lawyer and recognized by Best Lawyers of America and U.S. News and World Report in personal injury law.