11.04.09
Posted in Brain Injury News at 1:03 pm by Last
On October 13, 2009, Congressman G. K. Butterfield (NC) introduced the Pediatric Acquired Brain Injury (PABI) Act of 2009. The bill states that Pediatric Acquired Brain Injury is the leading cause of death and disability for children and young adults under the age of 25 in the United States. The PABI Act also endorses the National Pediatric Acquired Brain Injury Plan, which is designed to develop a seamless, standardized, evidence-based system of care universally accessible for children, young adults and their families throughout the United States who suffer from PABIs.
50 representatives signed the Bill as co-sponsors, several of which are representatives from New Jersey. These members include: Rush Holt, Bill Pascrell, Steve Rothman, Leonard Lance Frank LoBiondo, Donald Payne, and Chris Smith. This is a great step forward in national recognition of PABI and I am proud of the above-mentioned New Jersey representatives who took the initiative to assist in moving forward with this necessary bill.
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11.02.09
Posted in Brain Injury News at 1:04 pm by Last
Last week, I attended the North America Brain Injury Society’s annual medical legal seminar in Austin, Texas. The conference consisted of two programs running simultaneously, one a medical conference for medical providers and the other a medical legal program to educate both plaintiff and defense attorneys regarding traumatic brain injury. The attendees were privileged to hear from the top doctors in the United States on such issues as neuroimaging, concussion in sports, neuropsychology issues and mild traumatic brain injury which was presented by Ronald Ruff, Ph.D.
There was also an outstanding presentation regarding the proposed pediatric national plan (PABI) by Ronald Savage, Ed.D. and Patrick Donohue. Mr. Donohue is the founder of the Sara Jane Brain Injury Project and the leading force in having legislation introduced to set up a national pediatric acquired brain injury program.
On Saturday, we heard an outstanding program presented by Michael E. Nelson, Esq. of Seattle, Washington. Mr. Nelson was the leading force in the enactment of the Lystedt Statute in Washington State regarding the issue of return to play after concussion in youth sports. Mr. Nelson was instrumental in advancing legislation in Washington that was ultimately passed and signed which requires that a child who sustains a concussion during a sporting event be withheld from returning to play until that child is evaluated and cleared by a medical physician who specializes in the treatment and evaluation of children who have sustained brain injury.
On returning from the conference, I have begun to work on having such legislation introduced and passed here in New Jersey.
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10.29.09
Posted in Brain Injury News at 1:09 pm by Last
Last Thursday evening, the Trial Attorneys of New Jersey (TANJ) presented me with this year’s Trial Bar Award for outstanding trial advocacy and professionalism. TANJ’s mission is to preserve and improve the civil and criminal justice system in New Jersey. The highlight of the year is its annual trial bar award’s banquet and the presentation of its esteemed trial bar award.
This year I was honored to receive the award along with Carol Forte, Edward Deutsch and Louis Rupprecht.
Past recipients of this prestigious award include former Governor and Chief Justice Richard J. Hughes, former New Jersey Supreme Court Justice Robert L. Clifford, and David T. Wilentz who as Attorney General of New Jersey successful prosecuted Bruno Hauptmann in the Lindbergh kidnaping trial.
It was a wonderful event and I was extremely honored to receive this award.
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10.27.09
Posted in Uncategorized at 12:57 pm by Last
Washington The Senate Judiciary Committee on Oct. 15 approved a bill that would restrict brand-name drug companies' abilities to settle patent disputes by paying drugmakers to delay the introduction of generics -- an arrangement sometimes called "pay-for-delay."
The committee voted 12-7 to adopt the measure, known as the Preserve Access to Affordable Generics Act. The bill has eight co-sponsors, including two Republicans. One of them -- Sen. Charles Grassley (R, Iowa) -- said the legislation is a response to a flurry of pay-for-delay arrangements after two appellate court decisions in 2005 allowed such deals. Nearly half of all patent settlements in the two years after the decisions involved pay-for-delay, he said.
"Our bill takes direct aim at anti-consumer, anticompetitive agreements between generic and brand-name pharmaceutical manufacturers that line drugmakers' pockets at the expense of consumers," Grassley said.
The bill would presume that pay-for-delay deals are illegal. But the companies would have a chance to provide clear and convincing evidence in court that the settlement provides more pro-competition benefits than anti-consumer effects. If not, the Federal Trade Commission could issue a cease-and-desist order and pursue financial penalties against the parties.
Generic Pharmaceutical Assn. President and CEO Kathleen Jaeger said the bill needs a Congressional Budget Office cost estimate to help judge its merits. Sometimes patent settlements actually lead to the earlier introduction of generic drugs, which benefits consumers, she said. "Without the ability to settle litigation, generic companies are far less likely to challenge brand patents to the detriment of the health care system and consumers."
Sen. Orrin Hatch (R, Utah) said he agrees on the need to stop anti-consumer settlements, but he did not support the bill, partly because he believes it could discourage generic drugmakers from pursuing patent infringement lawsuits. "We've made some significant improvements to this bill, but I don't think we're there yet."
Sen. Herb Kohl (D, Wis.), the bill's sponsor, first introduced the measure in 2006. A House Energy and Commerce subcommittee approved its own legislation in June that would ban pay-for-delay agreements.
This content was published online only.
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10.26.09
Posted in Brain Injury News at 8:53 pm by Last
I read an interesting article online last week which details the career of Kyle Turley, offensive tackle for the New Orleans Saints, St. Louis Rams and Kansas City Chiefs. The article recounts the injuries Turley sustained over his nine years in the National Football League and the devastating long-term effects those injuries have had, and continue to have, on his health. The article serves as an eye-opening inside look into the pressures players face on the field to put the game ahead of their health.
You can read the full article online here.
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