The Brain Injury Association of America has issued an important alert concerning potential legislative action on behalf of the United States House of Representatives that would eliminate The Agency for Healthcare Research and Quality which has produced important research on Traumatic Brain Injury.
The Senate Law & Public Safety and Budget & Appropriations committees released legislation that would increase fines and impose license suspension for talking or texting on hand-held device while driving. The bill, Senate Bill No. 69, would put in place a graduated penalty structure for repeat offenders who violate the state’s hands-free cell phone law more than once in a ten-year period; a motor vehicle violation that, under current law, carries a $100 fine for first and subsequent offenses.
The New Jersey Legislature passed a resolution, which urges Congress and the President to enact the “National Pediatric Acquired Brain Injury Plan Act of 2011 (PABI).” The goal of the PABI Plan Act is to provide a seamless, standardized, evidence-based system of care for families who have a child or young adult with a traumatic brain injury (TBI).
The Indiana Supreme Court ruled this past week that a psychologist is qualified to testify on behalf of a plaintiff in a personal injury case as to the cause of a traumatic brain injury.
Last week, the New Jersey Senate Education Committee unanimously passed two bills (S-3053 and SR-74), which would boost New Jersey’s efforts to protect high school athletes from head injuries.
S-3053, sponsored by Senator M. Teresa Ruiz (D-Essex/Union), would require cheerleaders, and their coaches, to be included in the “student-athlete” head injury safety program, which is now required by law as of last year. This law made New Jersey the state with the most comprehensive concussion prevention and treatment program in the country.
SR-74, sponsored by Senator Codey (D-Essex), would urge school districts to implement a baseline cognitive testing program, which is designed to assist in measuring the post-injury condition of a student athlete who has sustained a concussion. The process includes performing a test on student-athletes at the beginning of a season that covers attention span, working memory, sustained and selective attention time, response variability, non-verbal problem solving and reaction time. The information is used to evaluate the severity of a head injury and whether or not an injured student is recuperating.
Both measures now head to the full Senate for a vote.
The Federal Motor Carrier Safety Administration (FMCSA) and The Pipeline and Hazardous Materials Safety Administration (PHMSA) have amended the Federal Motor Carrier Safety Regulations (FMCSRs) and the Hazardous Materials Regulations (HMR). These amendments will restrict the use of cell phones by drivers of commercial vehicles.
The New Jersey Appellate Court has upheld a June 2010 verdict I obtained on behalf of one of my clients who sustained a traumatic brain injury following a serious motor vehicle collision in Hunterdon County, New Jersey. At the time, of the incident, my client was an investment banker earning approximately $900,000 per year. At the time of trial, my client was earning approximately $1.4 million per year.
United States Representative, Pat Meehan (R-7) of Upper Darby, recently discussed legislation that would benefit children with traumatic brain injuries through a seven-year initiative known as the National Pediatric Acquired Brain Injury Plan. Meehan said the legislation is important because the human brain develops until age 25 and traumatic brain injuries can occur as a result of several incidents, such as athletic activity and wartime combat.
Starting in the winter 2011-2012, all skiers and snowboarders under the age of 18 will be required to wear a helmet thanks to a new law passed by the state in April. New Jersey is the first state in the nation to have such a law. California is also considering a similar legislation.
On May 11, 2011, Representative Todd Russell Platts (R-PA), Co-Chair of the Congressional Brain Injury Task Force, in conjunction with the office of Congresswoman Gabrielle Giffords (D-AZ), Task Force members and the Brain Injury Association of America, introduced an amendment to the National Defense Authorization Act which would authorize $1,000,000 for the development of treatment guidelines for post-acute rehabilitation of traumatic brain injury.
