TBI Caregiver Espouses The Benefits Of Journaling To Alleviate ‘Compassion Fatigue’

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Posted on 17th April 2010 by Gordon Johnson in Uncategorized

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 I’ve devoted most of my legal career to advocacy for those with traumatic brain injury, as well as being a source of  accurate information for those who have suffered such damage and their families. This blog is a key part of that teaching effort.

Now one of my readers, Barbars Stahura, tells me that she has been studying and will be offering a workshop for caregivers of National Guard members suffering from TBI.  That workshop is not open to the general public. 

In a letter to me, Barbara describes the workshop she will be teaching April 28 on the benefits of journaling.  

Hi, Mr. Johnson

 Thank you, both for making information on TBI available and for the work you do with people with brain injury. Your sites and videos are helpful and informative.

 My husband sustained a serious brain injury in 2003 as the result of a still unknown hit-and-run driver who turned left in front of him as he was on his motorcycle. Fortunately, Ken was wearing a good helmet, which saved his life and saved him from worse injury. His brain scans showed no injury, despite its severity (originally diagnosed as moderate to severe). 

 Since that time, he has recovered with only a few deficits, and I created a journaling workshop for people with brain injury. I’ve facilitated it twice annually since 2007 here in Tucson, at a HealthSouth hospital here. Out of that workshop came my book, “After Brain Injury: Telling Your Story,” co-authored with my husband’s speech therapist. It’s the first journaling book for people with brain injury, I’m proud to say. [ http://www.lapublishing.com/tbi-survivor-journal ]

 I’m a certified instructor of Journal to the Self and also lead journaling workshops for family caregivers, and will be presenting a workshop on compassion fatigue for National Guard care providers on April 28 in Atlanta, at the “Become A National Guard PRO” conference. It will include some basic journaling techniques, since journaling has been shown in numerous studies to produce benefits on the physical, emotional, and mental levels. 

 Again, thank you for all you do.

 Cheers,

Barbara Stahura

If you have loved ones in the National Guard with TBI and have questions about the workshop, please contact Barbara at  barbara@barbarastahura.com

Barbara also writes a blog at http://journalafterbraininjury.wordpress.com for survivors and family caregivers that you might want to take a look at.

Brain Injury Santa’s Wish List

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Posted on 24th December 2008 by Gordon Johnson in Uncategorized

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I have been publishing a Santa’s Wish List on Christmas Eve since 1996.

My wish list has always gone something pretty much like this:

While I still believe in Santa Claus but I no longer believe in magic:

I wish:

1. That each time we see a child on a bicycle without a helmet, that we become righteously uninhibited and tell them and their parents off. OK, so I don’t do righteously indignant safely anymore, but this year I need to find someone to more helmets on children.

2. That we get the BIA to sponsor a physician brain injury conference in our home state and personally invite, pressure and lay a guilt trip on every M.D. we know, especially emergency room doctors, to attend; This is really getting to be a reminder of all those great ideas I have that never get done. This year I will promise to make some advocacy effort to help this generation of new doctors apply the lessons that are coming home from Iraq to Civilian brain injury.

3. That we eradicate the use of the term “mild” to describe concussion and permanent brain injury; I am still doing a good job of using the word “subtle” instead of “mild”.

4. That we are never too busy for our cyber friends in need; Sadly, the once vibrant TBI chat lists don’t seem to have the same community as they did a decade ago. I keep trying and keep finding ways to broaden our brain injury web of communication.

5. That we never quit our advocacy against insurance companies, neurologists and those who use the term “malingerer”;
Had a good year on this front this year. The only doctor who flat out claimed a client of mine was a malingerer was made totally irrelevant by my deposition of him and the case settled for $1.9 million.

6. That we each personally tell a doctor, lawyer or health care professional about how much information there is on the web, how to find it and that it is their sworn duty to go get it; The web has changed so much in 12 years that even old doctors have figured that out. I still remember the defense doctor who when he looked up the answer to a question he couldn’t ask in deposition, wrote a supplemental report answering the question, and ended up quoting one of my web pages as a source.

7. That you all find a good neurologist and pass on the word when you do; This has still got to be the most frustrating part of representing brain injured people. Neurology is a very broad practice area. Few members of this specialty do any significant amount of brain injury. Please if you know of good ones, anywhere, let us know.

8. That we all make a caregiver feel how special and critical they are; Each year I try. And to the very special caretaker in my life, who “cares” for the daily needs of the clients of the Brain Injury Law Group, Jayne Zabrowski, you are the best. And to Angela, my proof reader (God knows I need her) and to Becca, the true pioneer of brain injury advocacy on the Web, thank you so much.

Merry Christmas to all, and to all a safer, less overwhelming year.

Brain Injury Association of America Policy Corner E-Newsletter – October 3, 2008

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Posted on 5th October 2008 by Gordon Johnson in Uncategorized

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A weekly update on federal policy activity related to traumatic brain injury
__________________________________________________________________

Dear Advocates:

In late breaking news from the United States Capitol, Congress has just approved a $700 billion financial bailout package, which also includes landmark mental health parity legislation (H.R. 1424/S. 558) and dozens of expiring tax breaks for businesses and individuals.

This legislation was sent in an expedited fashion this afternoon to President Bush who signed the measure into law hours after its passage.

As the previous edition of Policy Corner noted, several important legislative developments occurred last week, and this week’s edition of Policy Corner includes additional details about these developments as they pertain to brain injury policy.

It remains unclear whether Congress will return for a lame duck session in November after the elections, although at least a short session appears likely for the Senate the week of November 17. BIAA will provide an update on the remainder of this year’s congressional schedule as soon as this information available.

*Distributed by Laura Schiebelhut, BIAA Director of Government Affairs, on behalf of the Brain Injury Association of America; 703-761-0750 ext. 637; lschiebelhut@biausa.org

BIAA’s Policy Corner and Legislative Action Alerts are made possible by the Centre for Neuro Skills, James F. Humphreys & Associates, and Lakeview Healthcare Systems, Inc. The Brain Injury Association of America gratefully acknowledges their support for legislative action.

To sign up to receive future BIAA Policy Corner E-Newsletters and Legislative Action Alerts, please go to http://capwiz.com/bia/mlm/signup/
__________________________________________________________________

Congress Passes Financial Bailout Legislation, Mental Health Parity

In late breaking news from the United States Capitol, Congress has just approved a $700 billion financial bailout package, which also includes landmark mental health parity legislation (H.R. 1424/S. 558) and dozens of expiring tax breaks for businesses and individuals.

This marks a tremendous victory for mental health advocates and others who have supported efforts to enact a parity bill for years. This legislation will require private health insurers to offer mental health and addiction benefits equal in cost and scope to traditional medical benefits.

Earlier this year, BIAA strongly endorsed the House version of this legislation. In a letter officially endorsing the bill in March, BIAA noted, “An intricate and intertwined relationship exists between substance abuse, mental health, and traumatic brain injury (TBI). Substance use and abuse is often both an antecedent to and a consequence of TBI.”

Upon its passage this afternoon, one of the bill’s sponsors and leading champions, Congressman Patrick J. Kennedy (D-RI), stated:

“This legislation is one more step in the long civil rights struggle to ensure that all Americans have the opportunity to reach their potential. For far too long, health insurance companies have used the stigma of mental illness and substance abuse as an excuse to deny coverage for those biological disorders. That ends today when this critical legislation outlaws the discrimination that is embedded in our laws and our policies.”

Other bill sponsors and leading supporters include Rep. Jim Ramstad (R-MN) in the House of Representatives, as well as Sen. Pete Domenici (R-NM) and Sen. Edward Kennedy (D-MA) in the Senate. Late Senator Paul Wellstone (D-Minn.) was also a leading champion of this legislation.

Appropriations Update

Last week, the House passed an omnibus continuing appropriations bill to fund most government programs – including TBI and trauma-related programs – at Fiscal 2008 (last year’s) levels until March 6, 2009.

Over the weekend, the Senate also passed this omnibus legislative package and forwarded it to President Bush, who signed it into law just hours before the beginning of the new fiscal year on October 1.

This massive year-end spending package includes a Continuing Resolution (CR) which funds programs covered by nine unfinished appropriations bills (including the Fiscal 2009 Labor-HHS-Education Appropriations bill, which contains funding for key federal TBI programs) at Fiscal 2008 levels until enactment of the bills or March 6, 2009 – whichever comes first. This essentially leaves final funding decisions on domestic programs to the next Congress and president.

Within this CR, all civilian health programs, including TBI and trauma-related programs, are funded at Fiscal 2008 levels. These Fiscal 2008 levels, and thus continuing funding levels through the beginning of next year, are as follows:

CDC TBI Programs (HHS): $5.709 million

HRSA TBI Programs (HHS) (HRSA TBI State Grant Program and Protection and Advocacy Systems): $8.754 million

TBI Model Systems of Care (NIDRR/Department of Education): $8.155 million

In addition to the CR to provide continuing appropriations for most federal programs, the omnibus bill also includes three Fiscal 2009 appropriations bills in their entirety. These three appropriations bills are those that fund Defense, Homeland Security and Military Construction-VA for all of FY 2009.

The Defense appropriations measure included in this legislative package contains $300 million in funding for Traumatic Brain Injury and Psychological Health initiatives within the Department of Defense.

The Military Construction-VA appropriations measure includes $41 billion in funding for the Veterans Health Administration (veterans medical care), representing $1.8 billion above the President’s budget request earlier this year and $4.1 billion above 2008 levels. This funding bill also provides $510 million in funding for Medical and Prosthetic Research, including cutting edge research into areas such as Post Traumatic Stress Disorder (PTSD), Traumatic Brain Injury, suicide prevention, and polytrauma. This funding level for research represents $30 million above 2008 levels, and rejects a $38 million cut proposed by President Bush.

The Military Construction-VA appropriations bill contained in this omnibus legislative package also included important report language (strongly supported by BIAA) urging the Department of Veterans Affairs to increase returning servicemembers’ access to TBI care and expertise in the civilian sector. Specifically, the Explanatory Statement accompanying this bill states:

“The Appropriations Committees strongly urge the Department to establish and expand cooperative agreements with public and private entities with neurobehavioral rehabilitation and recovery experience in the treatment of Traumatic Brain Injury (TBI) as recommended in section 1703 of Public Law 110-181” [FY 2008 National Defense Authorization Act].”

In addition, the bill provides $200 million for fee-based services intended to allow the VA to tap expertise in the public and private sector for health care that may not be readily available within VA medical centers.

Congress Authorizes VA Epilepsy Centers of Excellence

Last week, the House passed an omnibus veterans health care package (S. 2612), including key provisions of The Epilepsy Centers of Excellence Act (H.R. 2818/S. 2004), which BIAA has strongly endorsed.

Over the weekend, the Senate also passed this legislation and it is expected to be signed into law by the President imminently.

The legislation, championed by the American Academy of Neurology and endorsed by BIAA, anticipates an expected increase in the number of TBI-related epilepsy cases among veterans returning from service in Iraq and Afghanistan. The bill will create up to six Epilepsy Centers of Excellence (ECoE) at the Depart ment of Veterans’ Affairs (VA), and is aimed at restoring the VA as a national leader in epilepsy care and research.

The bill was sponsored by Rep. Ed Perlmutter (D-CO) in the House of Representatives and Sen. Patty Murray (D-WA) in the Senate.

Congress Clears FY 2009 Defense Authorization Bill For President’s Signature

Within the past few days, Congress also passed the FY 2009 defense authorization bill (S. 3001). This legislation contains a “Sense of Congress on TBI Research.” Specifically, the bill states in Sec. 725:

“It is the sense of Congress that the requirement under section 1621(c)(7) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 453; 10 U.S.C. 1071note) to conduct basic science and translational research on traumatic brain injury includes pilot programs designed to test the efficacy of clinical approaches, including the use of pharmacological agents. Congress urges continued studies of the efficacy of pharmacological agents for treatment of traumatic brain injury and supports continued joint research with the National Institutes of Health in this area.”

BIAA Signs on To Coalition Letter Opposing Proposed Medicaid Outpatient Regulation

BIAA recently signed on to a coalition letter urging Congress to enact a moratorium on a regulation proposed by the Centers for Medicare and Medicaid Services (CMS) to restrict Medicaid reimbursement for outpatient services. This regulation is termed the “Medicaid Outpatient Clinic and Hospital Services Rule,” and it would reduce federal Medicaid funding to states for freestanding health clinics and hospital outpatient departments.

This regulation, published on September 28, 2007 – and expected to be finalized in November of this year – would cut Medicaid reimbursement to many types of outpatient services, including services utilized by individuals with brain injury. [72 Federal Regulation 55158 to 55166 (to be codified at 42 C.F.R. 440, 447 and sometimes referred to as CMS 2213-P).]

To prevent finalization of this rule, BIAA has joined the Consortium for Citizens with Disabilities in urging Congress to enact a moratorium delaying implementation of this harmful regulation through April 2009.
In a heartening development, this week Members of Congress introduced legislation aimed at enacting such a moratorium.

Yesterday, Sen. Charles Schumer (D-NY) and Sen. Hillary Rodham Clinton (D-NY) introduced the “Preserving Access to Healthcare” (PATH) Act of 2008, which would, among other provisions, delay the proposed Medicaid outpatient regulation by six months.

In addition, earlier this week, Rep. John McHugh (R-NY) introduced H.R. 7219, the Protecting Hospital Outpatient and Community Clinic Services Act of 2008, which would provide a moratorium on the regulation.

BIAA strongly supports these legislative efforts.

BIAA Representatives Attend Trauma Spectrum Disorders Conference

Multiple BIAA representatives attended this week a scientific conference titled, “Trauma Spectrum Disorders: The Role of Gender, Race & Other Socioeconomic Factors.”

This conference – jointly sponsored by the Defense Centers of Excellence for Psychological Health and Traumatic Brain Injury, the Department of Veterans Affairs, and the National Institutes of Health – focused on identifying and sharing knowledge and lessons learned about gender and race as they relate to psychological health and traumatic brain injury.

Presentations made at this conference are expected to soon be made publicly available on the Defense Center of Excellence’s website: http://www.dcoe.health.mil/.

Shopping and Choice – One of Brain Injured Person’s Biggest Challenge

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Posted on 13th August 2008 by Gordon Johnson in Uncategorized

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The below AP story approaches the issue of shopping from a completely different angle, but it does highlight one of the most pervasive frontal lobe deficits that brain injured people have: the difficulty in making decisions. Almost anyone who works with brain injury survivors can tell anecdotes of the horror of the super market aisle for those with brain damage.

If given a forced choice, like on most neuropsychological exams, brain injured people can do surprisingly well. But makes those choices open-ended, or as in the story below about beverages, provide an “explosion of choices” and the brain injured person will virtually shut down. Sometimes the act is to buy nothing. Other times it is to try to buy everything.

The point in the below story that really stood out for me was the point it makes that the more choices offered, the fewer beverages are purchased. Based upon that piece of information, it may be that we all have a vulnerability to being overwhelmed by too many choices, but in the brain injured, that vulnerability becomes a disability of decision making. That disability is not just about soda pop, but about almost every choice that a person has to deal with on a daily basis. Ultimately, that disability can virtually stall a human life.


Attorney Gordon Johnson

http://subtlebraininjury.com
http://tbilaw.com
https://waiting.com
http://fishtail.tv
http://vestibulardisorder.com
http://youtube.com/profile?user=braininjuryattorney
g@gordonjohnson.com
800-992-9447
©Attorney Gordon S. Johnson, Jr. 2008


Date: 8/11/2008 2:18 PM

BC-Measure of a Nation-Distracted Republic/2190
Eds: Also moved in advance. Multimedia: This story and all past installments of the Measure of a Nation series – which includes stories, videos and animations _ are packaged in an interactive in the _national/measure_nation folder. AP Video.
Distraction 2008: Freedom of choice _ or from it?
By TED ANTHONY

EDITOR’S NOTE — This latest chapter of “The Measure of a Nation,” a yearlong series of multimedia story packages about the presidency and the 2008 election as seen through the prism of the culture, assesses the absurd amount of choices the average American has today — and how a leader might cut through the clutter and capture the nation’s attention.
By TED ANTHONY
AP National Writer

LOS ANGELES (AP) — On blistering days in Los Angeles, drive northeast on the 110, exit at Highland Park and pull into a roadside grocery called Galco’s. Then walk in and say, “I’m thirsty. Can you point me to the soda-pop aisle?”

This question may get you laughed out of the place. Because at Galco’s, the soda pop is in most every aisle. The place is a soft-drink nirvana containing 500 varieties of fizzy beverage from all corners of the planet.

Root beer? They’ve got three dozen kinds. Perhaps your palate craves a bottle of Cheerwine or a cold Inca Cola. Choose between soda sweetened with high-fructose corn syrup or cane sugar, flavored artificially or naturally, colored pink or red or green or blue or purple. And that doesn’t include the 475 varieties of beer and the 60 kinds of bottled water.

The choice is yours, if you can handle it. The store, now known as Galco’s Soda Pop Stop, is an exuberant explosion of the vaunted notion of freedom of choice, one of the ideals that supposedly makes America what it is.

It is wonderful. It is also intimidating. And in an election year, it’s something the next president needs to understand.

The two-century focus on what America’s founding fathers called “the pursuit of happiness” — coupled with the Industrial Revolution in the 19th century and the rise of consumerism in the 20th — has birthed a landscape of options as dizzying as it is liberating. Bed and Bath, it turns out, aren’t nearly enough. These days, we’re much more concerned with Beyond.

A mere generation after the three broadcast networks ruled, a Comcast digital cable package hands you up to 250 channels of programming. Today’s average supermarket sells more than 45,000 items, the average Wal-Mart Supercenter more than four times that. On a single afternoon this month, eBay had 14.9 million auctions going, and Amazon was offering listings for 22.7 million books. By the end of last year, the Web had more than 108 million distinct pages to visit from the comfort of your lap.

John Nese, who built Galco’s into a promised land of sugary beverages, has thought a lot about choice in America. He offers two assessments.

The first: “People want choices. People want the opportunity to make their own decisions.”

The second: “They come in and they look and they go, ‘We’re overwhelmed. We don’t know what to buy.'”

The notion transcends simple consumerism. It also is the dilemma facing whoever wins November’s election. With options beyond our great-grandparents’ dreams, is freedom of unlimited choice really a freedom at all?

In a universe of unprecedented static, how can an American leader lead?

___

DRIVEN TO DISTRACTION

Mermaid Treasure looks just like Blue Jewel. Waterscape and Cool Dusk could be identical twins. And try distinguishing Seven Seas and Southern Evening from 10 paces away.

At the Home Depot in Gibsonia, Pa., no less than 372 shades of blue paint are available, not counting the many blue-greens and blue-purples also offered in a section of swatches nearly as long as the distance from the pitcher’s mound to home plate.

This cross-section of American choice illuminates the multiple levels of decision-making required to negotiate today’s consumer landscape, in this case before the painting even begins:

—Which store? There are four paint dealers within a mile of the Gibsonia Home Depot and at least 13 more within a 10-mile radius.

—Which brand? There are at least five to choose from.

—Which consistency? Pick from matte, eggshell, satin, semi-gloss and gloss.

—Which color group? Basic colors like blue, red and green are mere gateways to the real color choice.

—Which shade? Time to negotiate the hundreds of names that sound like either ice-cream flavors (Lavender Ice, Cloudberry) or small coastal communities (Little Pond, Wickford Bay).

That’s more than a million ways to paint a door. And as powerful as the human brain is, its bandwidth is ultimately limited. By focusing on smaller choices, by continuously sifting through the categories and subcategories of things like color preference and Google results and spam, could it be that our multiple options are controlling rather than liberating us?

“Since Reagan, the ideology in the United States has been that choice is good and more choice is better. And to the extent that you can give people more choice in every area of life, you are improving their well-being,” says Barry Schwartz, author of “The Paradox of Choice: Why More Is Less.”

But “nobody has the time or the expertise to make informed choices about everything,” Schwartz says. “When options are presented, people have a tough time just ignoring them.”

In 2000, according to the American Psychological Association, a study found that shoppers given the choice of picking a jam from smaller and larger assortments preferred choosing from the bigger assortment. Yet they were more likely to actually buy some jam if they had fewer options. Excessive choice, in effect, short-circuited them from engaging more deeply.

Now take that notion into the public realm. If too many choices drive us to distraction, how do es that affect how we perceive government?

“It’s wonderful that we can sit down in our living room and order 20,000 things. In a superficial way, we are more informed than people used to be. But it’s hard to get our attention, and I don’t see any way of turning that around,” says Edward C. Rosenthal, author of “The Era of Choice: The Ability to Choose and Its Transformation of Contemporary Life.”

His assessment is bleak. By 1900, people’s faith in established institutions like church and government began a slow wane, and Americans struggled to find their bearings. Thus did consumer choice gradually become fetish. Today, anyone who questions unfettered choice risks being accused of condescension and, worse, ignorance of market forces.

This is the landscape an American leader faces. The option becomes, “Follow me — unless you have something more interesting going on.”

And accurately or not, today’s citizens often think that they do.

___

LEADING THROUGH STATIC

“The only way we’re going to solve our problems in this country is if all of us come together,” Barack Obama said this month. Weeks earlier, John McCain said that “we are fellow Americans, and that shared distinction means more to me than any other association.”

Unity is big in 2008. It means more voters. But can we come together? These days, beyond 9/11 or Katrina or rising gas prices, what exactly is that “shared distinction” we like to think unites us?

To inspire voters, campaigns use strategies such as microtargeting — mining data and finding voters’ preferences, then customizing the message for each. But when candidate becomes president and prospective voter becomes mere citizen, those intricate techniques melt away.

What’s a leader to do? Christine Riordan, a leadership expert at the University of Denver, prescribes simplicity.

Just as paying attention to a leader is a consumer choice, Riordan says the leader can benefit from deploying marketing principles as well: An uncluttered message rings clearer, particularly when it’s accompanied by tight focus on content, packaging and image.

Debating whether there’s too much information out there, Riordan says, is beside the point.

“There’s no way we’re going back to the times of Zachary Taylor,” she says. “”It’s not, ‘Is too much information bad?’ It’s how do you manage within an environment that does provide all information and will continue to provide all information?”

Today, candidates and leaders must tailor core messages for the 75-year-old newspaper reader and the 19-year-old who communicates using blogs and Facebook. What’s more, to have any chance of cutting through the clutter, the leader has to seem sincere and authentic to both demographics, not to mention all the Gen-Xers and Boomers in between. He or she has to be all the flavors of root beer at once.

Consider House Speaker Nancy Pelosi. Like many politicians before her, she went on “The Daily Show” last month to match wits with Jon Stewart, be made fun of and maybe make a point to a coveted audience of hyper-aware, media-savvy Americans. She didn’t tank, but she appeared painfully overeager.

To neutralize the static, she needed the kind of banter that Stewart and NBC anchorman Brian Williams had a couple of nights later. It was amiably contentious and brimming with pop-culture cues. It was also just plain fun, a key element in capturing the “Daily Show” demographic’s attention.

“With more choices out there, if leaders want to bring issues to the attention of the public, they have to bring it into our venues and speak it on our terms,” says Adam Schiffer, a political scientist at Texas Christian University who studies voter behavior and the media’s role in politics.

“Institutions are breaking down and there are going to be new ways of doing things. But the cream can still rise. The signal can still make it through the noise in this new environment,” he says. “You don’t need 90 percent of the public informed on the issue and following it closely to get your policy passed.”

Exhibit A is Al Gore, who has been practically pleading Americans to pay attention to the environment for nearly a generation. He finally succeeded.

What helped him punch through the static? He made a movie.

___

SAME DIFFERENCE?

Across the continent from Galco’s and the dizzying choices of Los Angeles, another town struggles with its choices. But the options are different.

In this community, people are choosing their kitchenware, not from Pottery Barn or Crate & Barrel but silver or pewter. They’re choosing new clothes, not from Wal-Mart or Nordstrom but from the 40 or so fabrics at the local millinery. They’re choosing transportation, not Jeep or Toyota but feet or horse.

And they’re choosing sides: loyalist or rebel, status quo or treason.

Colonial Williamsburg is a city deliberately frozen in time, on the cusp of the American Revolution, when it was Virginia’s capital. Walking its 18th-century streets, seeing actor-interpreters bring revolutionary-era Virginians back to life, you could believe that the choices here were far fewer.

Yet for its era, Williamsburg was a cosmopolitan town, bustling with a merchant class and a spread of consumer goods that presaged modern America.

It also was crackling with revolutionary activity. Its citizens wrestled with their responsibilities and seizing their future. They confronted a lot of static and still managed to participate in the birthing of American democracy.

“Not everybody was running around yelling, ‘Yeah, yeah, liberty, death,'” says Dennis Watson, a Scottish-born American who portrays Williamsburg printer and newspaperman Alexander Purdie. “But,” he says, “this time they truly came together.”

There are lessons for us, and for our leaders, in the people of Colonial Williamsburg.

They, too, had choices far more abundant than their predecessors. They, too, struggled to manage their bandwidth and avoid letting distractions prevail. They may not have had XBoxes, but they had more options than most anyone outside of Boston or Philadelphia.

We are products of our age, too. If we can process 21st-century distractions and negotiate our lives, and most of us do, can’t we be active in our democracy, too? The ability to Twitter and to TiVo does not by itself preclude civic participation. Everyone has, well, a choice.

“This country is an experiment. And for it to have endured for this long, it requires the involvement of citizens — citizens making choices,” says Jim Bradley, who manages public affairs for Colonial Williamsburg.

It is tempting to imagine Williamsburg as a distillation of democracy, a representation of a time when leaders could be heard and citizens could be listened to, when a man could stand before a crowd, say “Give me liberty or give me death” and have it echo across the land.

That’s what Sherrie Bender of Houston, visiting Colonial Williamsburg on a recent day, means when she wonders, “Where are those conversations we had like Patrick Henry on the steps?”

They’re gone. In their place is something new and unprecedented but of the people nonetheless. To figure it out, we and our leaders are going to need a serious road map. More likely, we’ll just MapQuest it and go from there — if, that is, we don’t get distracted by everything we encounter along the way.

Copyright 2008 The Associated Press.
Summary
Date: 8/11/2008 2:18 PM
Slug: BC-Measure of a Nation-Distracted Republic
Headline: Distraction 2008: Freedom of choice _ or from it?
Byline: By TED ANTHONY
Byline Title:
Copyright Holder: AP
Priority: r (4)
With Photo:
Dateline:
Editors’ Note: Eds: Also moved in advance. Multimedia: This story and all past installments of the Measure of a Nation series – which includes stories, videos and animations _ are packaged in an interactive in the _national/measure_nation folder. AP Video.
Word Count: 2190
File Name (Transref): L0619
Editorial Type:
AP Category: a
Format: bx





Edit Mode : Cancel


EDITOR’S NOTE — This latest chapter of “The Measure of a Nation,” a yearlong series of multimedia story packages about the presidency and the 2008 election as seen through the prism of the culture, assesses the absurd amount of choices the average American has today — and how a leader might cut through the clutter and capture the nation’s attention.By TED ANTHONYAP National Writer LOS ANGELES (AP) — On blistering days in Los Angeles, drive northeast on the 110, exit at Highland Park and pull into a roadside grocery called Galco’s. Then walk in and say, “I’m thirsty. Can you point me to the soda-pop aisle?” This question may get you laughed out of the place. Because at Galco’s, the soda pop is in most every aisle. The place is a soft-drink nirvana containing 500 varieties of fizzy beverage from all corners of the planet. Root beer? They’ve got three dozen kinds. Perhaps your palate craves a bottle of Cheerwine or a cold Inca Cola. Choose between soda sweetened with high-fructose corn syrup or cane sugar, flavored artificially or naturally, colored pink or red or green or blue or purple. And that doesn’t include the 475 varieties of beer and the 60 kinds of bottled water. The choice is yours, if you can handle it. The store, now known as Galco’s Soda Pop Stop, is an exuberant explosion of the vaunted notion of freedom of choice, one of the ideals that supposedly makes America what it is. It is wonderful. It is also intimidating. And in an election year, it’s something the next president needs to understand. The two-century focus on what America’s founding fathers called “the pursuit of happiness” — coupled with the Industrial Revolution in the 19th century and the rise of consumerism in the 20th — has birthed a landscape of options as dizzying as it is liberating. Bed and Bath, it turns out, aren’t nearly enough. These days, we’re much more concerned with Beyond. A mere generation after the three broadcast networks ruled, a Comcast digital cable package hands you up to 250 channels of programming. Today’s average supermarket sells more than 45,000 items, the average Wal-Mart Supercenter more than four times that. On a single afternoon this month, eBay had 14.9 million auctions going, and Amazon was offering listings for 22.7 million books. By the end of last year, the Web had more than 108 million distinct pages to visit from the comfort of your lap. John Nese, who built Galco’s into a promised land of sugary beverages, has thought a lot about choice in America. He offers two assessments. The first: “People want choices. People want the opportunity to make their own decisions.” The second: “They come in and they look and they go, ‘We’re overwhelmed. We don’t know what to buy.'” The notion transcends simple consumerism. It also is the dilemma facing whoever wins November’s election. With options beyond our great-grandparents’ dreams, is freedom of unlimited choice really a freedom at all? In a universe of unprecedented static, how can an American leader lead? ___ DRIVEN TO DISTRACTION Mermaid Treasure looks just like Blue Jewel. Waterscape and Cool Dusk could be identical twins. And try distinguishing Seven Seas and Southern Evening from 10 paces away. At the Home Depot in Gibsonia, Pa., no less than 372 shades of blue paint are available, not counting the many blue-greens and blue-purples also offered in a section of swatches nearly as long as the distance from the pitcher’s mound to home plate. This cross-section of American choice illuminates the multiple levels of decision-making required to negotiate today’s consumer landscape, in this case before the painting even begins: —Which store? There are four paint dealers within a mile of the Gibsonia Home Depot and at least 13 more within a 10-mile radius. —Which brand? There are at least five to choose from. —Which consistency? Pick from matte, eggshell, satin, semi-gloss and gloss. —Which color group? Basic colors like blue, red and green are mere gateways to the real color choice. —Which shade? Time to negotiate the hundreds of names that sound like either ice-cream flavors (Lavender Ice, Cloudberry) or small coastal communities (Little Pond, Wickford Bay). That’s more than a million ways to paint a door. And as powerful as the human brain is, its bandwidth is ultimately limited. By focusing on smaller choices, by continuously sifting through the categories and subcategories of things like color preference and Google results and spam, could it be that our multiple options are controlling rather than liberating us? “Since Reagan, the ideology in the United States has been that choice is good and more choice is better. And to the extent that you can give people more choice in every area of life, you are improving their well-being,” says Barry Schwartz, author of “The Paradox of Choice: Why More Is Less.” But “nobody has the time or the expertise to make informed choices about everything,” Schwartz says. “When options are presented, people have a tough time just ignoring them.” In 2000, according to the American Psychological Association, a study found that shoppers given the choice of picking a jam from smaller and larger assortments preferred choosing from the bigger assortment. Yet they were more likely to actually buy some jam if they had fewer options. Excessive choice, in effect, short-circuited them from engaging more deeply. Now take that notion into the public realm. If too many choices drive us to distraction, how does that affect how we perceive government? “It’s wonderful that we can sit down in our living room and order 20,000 things. In a superficial way, we are more informed than people used to be. But it’s hard to get our attention, and I don’t see any way of turning that around,” says Edward C. Rosenthal, author of “The Era of Choice: The Ability to Choose and Its Transformation of Contemporary Life.” His assessment is bleak. By 1900, people’s faith in established institutions like church and government began a slow wane, and Americans struggled to find their bearings. Thus did consumer choice gradually become fetish. Today, anyone who questions unfettered choice risks being accused of condescension and, worse, ignorance of market forces. This is the landscape an American leader faces. The option becomes, “Follow me — unless you have something more interesting going on.” And accurately or not, today’s citizens often think that they do. ___ LEADING THROUGH STATIC “The only way we’re going to solve our problems in this country is if all of us come together,” Barack Obama said this month. Weeks earlier, John McCain said that “we are fellow Americans, and that shared distinction means more to me than any other association.” Unity is big in 2008. It means more voters. But can we come together? These days, beyond 9/11 or Katrina or rising gas prices, what exactly is that “shared distinction” we like to think unites us? To inspire voters, campaigns use strategies such as microtargeting — mining data and finding voters’ preferences, then customizing the message for each. But when candidate becomes president and prospective voter becomes mere citizen, those intricate techniques melt away. What’s a leader to do? Christine Riordan, a leadership expert at the University of Denver, prescribes simplicity. Just as paying attention to a leader is a consumer choice, Riordan says the leader can benefit from deploying marketing principles as well: An uncluttered message rings clearer, particularly when it’s accompanied by tight focus on content, packaging and image. Debating whether there’s too much information out there, Riordan says, is beside the point. “There’s no way we’re going back to the times of Zachary Taylor,” she says. “”It’s not, ‘Is too much information bad?’ It’s how do you manage within an environment that does provide all information and will continue to provide all informati on?” Today, candidates and leaders must tailor core messages for the 75-year-old newspaper reader and the 19-year-old who communicates using blogs and Facebook. What’s more, to have any chance of cutting through the clutter, the leader has to seem sincere and authentic to both demographics, not to mention all the Gen-Xers and Boomers in between. He or she has to be all the flavors of root beer at once. Consider House Speaker Nancy Pelosi. Like many politicians before her, she went on “The Daily Show” last month to match wits with Jon Stewart, be made fun of and maybe make a point to a coveted audience of hyper-aware, media-savvy Americans. She didn’t tank, but she appeared painfully overeager. To neutralize the static, she needed the kind of banter that Stewart and NBC anchorman Brian Williams had a couple of nights later. It was amiably contentious and brimming with pop-culture cues. It was also just plain fun, a key element in capturing the “Daily Show” demographic’s attention. “With more choices out there, if leaders want to bring issues to the attention of the public, they have to bring it into our venues and speak it on our terms,” says Adam Schiffer, a political scientist at Texas Christian University who studies voter behavior and the media’s role in politics. “Institutions are breaking down and there are going to be new ways of doing things. But the cream can still rise. The signal can still make it through the noise in this new environment,” he says. “You don’t need 90 percent of the public informed on the issue and following it closely to get your policy passed.” Exhibit A is Al Gore, who has been practically pleading Americans to pay attention to the environment for nearly a generation. He finally succeeded. What helped him punch through the static? He made a movie. ___ SAME DIFFERENCE? Across the continent from Galco’s and the dizzying choices of Los Angeles, another town struggles with its choices. But the options are different. In this community, people are choosing their kitchenware, not from Pottery Barn or Crate & Barrel but silver or pewter. They’re choosing new clothes, not from Wal-Mart or Nordstrom but from the 40 or so fabrics at the local millinery. They’re choosing transportation, not Jeep or Toyota but feet or horse. And they’re choosing sides: loyalist or rebel, status quo or treason. Colonial Williamsburg is a city deliberately frozen in time, on the cusp of the American Revolution, when it was Virginia’s capital. Walking its 18th-century streets, seeing actor-interpreters bring revolutionary-era Virginians back to life, you could believe that the choices here were far fewer. Yet for its era, Williamsburg was a cosmopolitan town, bustling with a merchant class and a spread of consumer goods that presaged modern America. It also was crackling with revolutionary activity. Its citizens wrestled with their responsibilities and seizing their future. They confronted a lot of static and still managed to participate in the birthing of American democracy. “Not everybody was running around yelling, ‘Yeah, yeah, liberty, death,'” says Dennis Watson, a Scottish-born American who portrays Williamsburg printer and newspaperman Alexander Purdie. “But,” he says, “this time they truly came together.” There are lessons for us, and for our leaders, in the people of Colonial Williamsburg. They, too, had choices far more abundant than their predecessors. They, too, struggled to manage their bandwidth and avoid letting distractions prevail. They may not have had XBoxes, but they had more options than most anyone outside of Boston or Philadelphia. We are products of our age, too. If we can process 21st-century distractions and negotiate our lives, and most of us do, can’t we be active in our democracy, too? The ability to Twitter and to TiVo does not by itself preclude civic participation. Everyone has, well, a choice. “This country is an experiment. And for it to have endured for this long, it requires the involvement of citizens — citizens making choices,” says Jim Bradley, who manages public affairs for Colonial Williamsburg. It is tempting to imagine Williamsburg as a distillation of democracy, a representation of a time when leaders could be heard and citizens could be listened to, when a man could stand before a crowd, say “Give me liberty or give me death” and have it echo across the land. That’s what Sherrie Bender of Houston, visiting Colonial Williamsburg on a recent day, means when she wonders, “Where are those conversations we had like Patrick Henry on the steps?” They’re gone. In their place is something new and unprecedented but of the people nonetheless. To figure it out, we and our leaders are going to need a serious road map. More likely, we’ll just MapQuest it and go from there — if, that is, we don’t get distracted by everything we encounter along the way.

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Looking Up …

Springfield riot through different eyes

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Posted on 9th August 2008 by Gordon Johnson in Uncategorized

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At the core of what I do is a belief in advocacy, a commitment that began when I was a teenager, with its genesis in the civil rights movement which emerged from the ashes of the 1960’s inner city riots. I was in seventh grade the summer of the worst rioting. When I was in 8th grade, Sports Illustrated published a landmark story on the Black Athletes protest, a protest that made its way to medal podium at the Mexico City Olympics, where one of the heroes, Tommy Smith, stood with a black fist raised. For the Sports Illustrated story, click here. http://en.wikipedia.org/wiki/1968_Olympics_Black_Power_salute

Illinois was core to my continued interest in civil rights while I was an undergrad student at Northwestern University near Chicago. I had a great fascination in the tragic development of the most segregated place in our country on the south side of Chicago. It has been more than a generation since those years, the El rides to White Sox Park, the slightly intimidating walk from the 35th St. El station to the ball park in the shadows of the Robert Taylor Homes, a housing project on a bigger scale and more tragic than Cabrini Green. During those years, Chicago was averaging more than 900 murders a year, most of those young black males. The Robert Taylor project was accounting for more than a quarter of that amount.

Today, the projects are gone in Chicago and the murder rate cut in half. Legitimate urban renewal has now come to the South Side. Its resurgence is one of the great miracles of my life time.

With that as my personal history, the below AP story was a surprise to me. I knew nothing of this early Illinois riot. This story again reminds me of my advocacy on issues broader than brain injury. My thoughts today are whether we are doing any better for the African American young men who are no longer on the streets of the south side of Chicago. Will the emergence of a great man such as Barack Obama make a fundamental difference so that finally the great assimilation into the American mainstream quality of life can occur?

Attorney Gordon Johnson
http://gordonjohnson.com
http://tbilaw.com

©2008 Gordon S. Johnson, Jr.

Date: 8/9/2008 4:07 PM

By CHRISTOPHER WILLS
Associated Press Writer

SPRINGFIELD, Ill. (AP) _ One hundred years ago this month, mobs of white residents tore through Springfield, hanging two black men, burning dozens of homes and businesses, and forcing families to flee. As the city commemorates the violence, the event inspires deep feelings among people from all backgrounds:

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Thomas Richmond understands history and racism, and wants to make sure his grandson understands them, too.

The retired history teacher took 8-year-old Panagiotis to a museum exhibit about the Springfield riot to show him how far America has come in the past century. He said blacks can’t truly understand where they stand in America today without knowing the past and how ugly racism can be.

“A child has to know where he comes from. He needs to know what this country is about,” he said.

___

Tamara Douglass, a high school history teacher in Springfield for 14 years, has taken it upon herself to make sure her students hear about the riot, which until now has gotten little notice.

The story usually provokes a strong reaction, she said.

“They’re angry. They’re wondering why they have gotten into their teen years without learning about it,” Douglass said. “They’re shocked at what humans beings do to each other.”

___

The riot in the hometown of Abraham Lincoln delivered an unpleasant message to much of the country, argues researcher Roberta Senechal de la Roche.

“White Americans in the North pretty much thought violence against blacks was a Southern thing. The Springfield riot really came as a bolt of lightning to Northern newspaper readers,” said de la Roche, author of the book “Sociogenesis of a Race Riot.” ”The question was, if it can happen in Springfield, maybe it can happen anywhere.”

Many of the rioters shouted about Lincoln during their rampage. “Curse the day Lincoln freed the slaves,” was one cry.

___

To the Rev. Wesley McNeese, it made perfect sense for Springfield’s churches to have joint prayer services to mark the centennial of the riot.

Some in the city’s ministerial alliance fearing such services would open old wounds, but the group ultimately decided to go forward with eight “solemn assemblies” — one at each of the markers noting a key location in the violence.

Now black churches and white churches are holding joint social functions and inviting each other’s pastors to preach. McNeese, who leads the New Mission Church of God, thinks they can keep building on the good will.

“This was the right thing to do. There’s no question in my mind,” he said.

___

The violence was shocking by itself. Even more shocking to 18-year-old Evan Preston was the macabre interest in riot souvenirs.

People kept chunks of the trees where men were hanged. They bought postcards showing the rubble of buildings destroyed by the mobs.

“They turned it into tourism dollars, this horror that occurred in their hometown,” said Preston, studying the riot in a summer program at the Abraham Lincoln Presidential Library.

“This would be like seeing a shirt that had the towers falling on 9/11 — people making money off the tragedy that everyone had to endure.”

___

Murray Hanes, then a young man, watched as the Springfield mob hanged a man. He watched as they set fire to homes — with people still inside, he said decades later.

“The Negroes would come to the window and rush back — they didn’t dare come out for fear they’d get shot. They went back in. And anybody that I knew or talked to said there were Negroes in there that were burned up,” he said in an oral history recorded in the 1970s.

Hanes denied sharing any guilt for the violence and grew defensive at any questions about his role. “It’s a funny thing — I can understand why few people want to talk. You can see right away that you’re accused of participation just by assumption.”

Copyright 2008 The Associated Press.

Medically Unfit Drivers – Part III

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Posted on 7th August 2008 by Gordon Johnson in Uncategorized

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This week we have discussed the flaws that can be found within the CDL licensing system. The primary focus of this series of blogs has been how some individuals who are clearly not qualified to operate a commercial vehicle and who the government found to be fully disabled, are receiving CDL licensing.

The FMCSA (Federal Motor Carrier Safety Administration),which works closely with the DOT, has five main requirements that determines whether an individual is eligible for a CDL license.
The rules are: (1) the driver needs to be at least 21 years old (2) the driver needs to able to read and speak English (3) the driver needs to have a valid commercial motor vehicle operator’s license (4) the driver needed to have completed the driver’s road test and (5) the driver must be physically qualified to drive which needs to be verified by receiving a medical certificate from a medical examiner claiming the driver is physical qualified to drive. See http://semi-accident.com for more information on the FMCSA regulations.

The GAO’s research found that there were many individuals who were driving without a medical certificate, the fifth requirement. Therefore, bureaucratic snafus have resulted in drivers having CDLs without meeting these clear cut requirements. As with the heparin debacle, http://heparin-law.com, it is clear that the U.S. government needs to make technological advancements so that they can assure these straightforward requirements are met before issuing or renewing commercial driver licenses.

The NTSB (The National Transportation Safety Board), which investigates transportation accidents, suggested additional requirements for CDL drivers. In 2006, 12% of commercial accidents were caused by the drivers having a heart attack, fatigue or another physical impairment. The NTSB agency concluded that by adding these eight requirements for a CDL, many more accidents could be prevented.

The NTSB’s Eight Suggestions are:

  • 1. Doctors performing medical examinations for drivers are qualified to do so and are educated about occupational issues for drivers. In other words, it is essential that these examiners know what type of abilities (as opposed to disabilities) a driver must have. For example: ability to stay focused for up to 11 hours at a time, in high stress traffic situations.
  • 2. Every prior application by an individual for medical certification is recorded and reviewed. That the applications and medical certifications, that were received over the previous years for a CDL license, are recorded and reviewed to further evaluate the licensing process.
  • 3. Medical certification regulations are updated periodically to permit trained examiners to clearly determine whether drivers with common medical conditions should be issued a medical certificate. The recommendations call for giving medical examiners the regulations with respect to the abilities needed for commercial driving periodically so they’re certain what conditions disqualify an individual from obtaining a CDL license. For more information view: http://subtlebraininjury.blogspot.com/2008/07/gao-medically-unfit-truckers-part-ii.html
  • 4. Individuals performing examinations have specific guidance and a readily identifiable source of information for questions on such examinations.
  • 5. To structure the review process by the DOT, to prevent, or identify and correct, the inappropriate issuance of medical certification.
  • 6. Provide mechanisms for enforcement authorities to identify invalid medical certification during safety inspections and routine stops.
  • 7. Provide enforcement authorities with the power to prevent an uncertified driver from driving until an appropriate medical examination takes place.
  • 8. Create mechanisms for reporting medical conditions to the medical certification and reviewing authority and to make sure that individuals, health care providers, and employers are aware of these mechanisms.

If the DOT adopts these eight recommendations from the NTSB, this could help eliminate accidents involving CDL license drivers who are not fit to drive.

Kudos for our Coma Advocacy

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Posted on 16th July 2008 by Gordon Johnson in Uncategorized

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From a user of https://waiting.com:

Attorney Gordon Johnson
http://subtlebraininjury.com
http://tbilaw.com
https://waiting.com
http://vestibulardisorder.com
http://youtube.com/profile?user=braininjuryattorney
g@gordonjohnson.com
800-992-9447
©Attorney Gordon S. Johnson, Jr. 2008


I was thumbing through some old email and I ran across yours. I remember writing you when my mother fell into coma. I remember how helpful this website was to me. How you help me and my family to understand what my mother was going through. I especially like how this site explained all the many different tubes and meaning of words surrounding coma. It educated me, it made me apart of the process. I enjoyed that very much.

My mother was 68 years old and lost the battle of recovery, however, this site helped me to deal with that also. This site gave me hope and kept me inform of what could happen. This site helped prepared me for the future without my mom. I thank God for giving me the strength to go though this and I thank you for educating me on coma so that I know what to pray for. My mother was laid to rest April 5, 2008. Thank you for being there for me.

Sonia

Obama and McCain urged to Attend Military Head Injury Conference

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Posted on 12th July 2008 by Gordon Johnson in Uncategorized

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From the Brain Injury Association of America:



Dear Advocates:

BIAA issued a press release today urging both presidential candidates to attend the 2008 Fort Hood Presidential Town Hall and engage in an in-depth discussion of the increasingly complex issues facing America’s military and veterans community, including the rate of traumatic brain injury among returning service members. BIAA is a member of the 2008 Forth Hood Presidential Town Hall Consortium, and the event is tentatively scheduled to occur on August 11, 2008.

In other news, in a welcome and surprising turn of events this week, the Senate voted by a veto-proof margin to pass a key Medicare bill (H.R. 6311), which the House and Senate had previously been unable to agree on before the July Fourth congressional recess. The final Medicare package, which will prevent deep cuts in Medicare payment rates for physicians which had been scheduled to begin on July 1, was previously passed by the House on June 24.

The Medicare bill also contains important delays in the implementation of Medicare’s competitive bidding program for Durable Medical Equipment (DME), and an extension of the Medicare outpatient therapy cap exceptions process.

It is anticipated that President Bush will veto the bill, however, and although the Senate passed the bill with a veto-proof margin earlier this week, the White House needs only three Senators to switch their votes in order for a veto override to fail. Thus, it is extremely important that advocates visit BIAA’s Legislative Action Center to take action TODAY to urge their Senator to vote to override the President’s expected veto. To do so, please visit http://capwiz.com/bia/callalert/index.tt?alertid=11604356.

The Fiscal Year 2009 appropriations process to be stalled, as the House Appropriations Committee does not plan on marking up any more bills this summer after a partisan dispute erupted in recent weeks over amendments on energy policy. And while the Senate Appropriations Committee plans to have all 12 of its bills approved by the panel by the end of this month, Senate Majority Leader Harry Reid (D-Nev.) said this week that action on appropriations in his chamber will be very limited during the next few months.

*Distributed by Laura Schiebelhut, BIAA Director of Government Affairs, on behalf of the Brain Injury Association of America; 703-761-0750 ext. 637; lschiebelhut@biausa.org

BIAA’s Policy Corner and Legislative Action Alerts are made possible by the Centre for Neuro Skills, James F. Humphreys & Associates, and Lakeview Healthcare Systems, Inc. The Brain Injury Association of America gratefully acknowledges their support for legislative action.

To sign up to receive future BIAA Policy Corner E-Newsletters and Legislative Action Alerts, please go to http://capwiz.com/bia/mlm/signup/
__________________________________________________________________

BIAA Urges Presidential Candidates to Participate in Fort Hood Town Hall Event

BIAA issued a press release today urging both presidential candidates to attend the 2008 Fort Hood Presidential Town Hall and engage in an in-depth discussion of the increasingly complex issues facing America’s military and veterans community, including the rate of traumatic brain injury among returning service members. BIAA is a member of the 2008 Fort Hood Presidential Town Hall Consortium, and the event is tentatively scheduled to occur on August 11, 2008.

The Consortium planning the event includes a diverse group of military, veterans and community-service organizations, including Disabled Veterans of America, the Brain Injury Association of America, and Sentinels of Freedom. These groups are working in partnership with the military, the Department of Veterans Affairs, state and local governments, and faith and community-based organizations to deliver services and support to our military, veterans and families.

In the press release, BIAA President and CEO Susan H. Connors states, “Traumatic brain injury (TBI) is a common consequence of any war. TBI is recognized as the ‘signature wound’ of the current conflict; yet, accessing the right treatment, right now remains a challenge for many wounded service members and veterans. Our troops and the millions of civilians who sustain TBIs here at home need proper screening and diagnosis, expert rehabilitation, and ongoing community-based services. Family caregivers need information, training and support, and voters everywhere need to let the presidential candidates know where we stand.”

To view BIAA’s press release in its entirety, please visit our website at http://www.biausa.org/policyissues.htm.

Surprise Appearance By Senator Kennedy Pushes Senate to Pass Medicare Bill

In a welcome and surprising turn of events this week, the Senate voted by a veto-proof margin of 69-30 to pass a key Medicare bill (H.R. 6311), after a unexpected, dramatic appearance and “aye” vote by Sen. Edward M. Kennedy (D-MA) on Wednesday. Sen. Kennedy had not been in the Capitol for six weeks, as he is recovering from surgery in early June to remove a malignant brain tumor.

The House and Senate had previously been unable to agree on a Medicare package before the July Fourth congressional recess. The final Medicare bill, which would prevent deep cuts in Medicare payment rates for physicians which had been scheduled to begin on July 1, was overwhelmingly passed by the House on June 24, but before Senator Kennedy’s appearance had been unable to gain Senate passage.

In addition to replacing a 10.6 percent cut to Medicare’s physician payment rates with 18 months of stable payments, the Medicare bill also contains an 18-month delay in implementation of Medicare’s competitive bidding program for Durable Medical Equipment (DME), as well as an 18-month extension of the Medicare outpatient therapy cap exceptions process.

It is anticipated that President Bush will veto the bill, however, and although the Senate passed the bill with a veto-proof margin earlier this week, the White House needs only three Senators to switch their votes in order for a veto override to fail. If the President delays acting on the bill, or Congress is unable to override an expected veto, the physician payment cuts and DME competitive bidding program will go into effect, and the outpatient therapy caps exceptions process will continue to be expired (as of June 30, 2008). Thus, it is extremely important that advocates visit BIAA’s Legislative Action Center to take action TODAY to urge their Senator to vote to override the President’s expected veto. To do so, please visit http://capwiz.com/bia/callalert/index.tt?alertid=11604356.

Fiscal 2009 Appropriations Process Still Stalled

The Fiscal Year 2009 appropriations process continues to be stalled, as the House Appropriations Committee does not plan on marking up any more bills this summer after a partisan dispute erupted in recent weeks over amendments on energy policy. And while the Senate Appropriations Committee plans to have all 12 of its bills approved by the panel by the end of this month, Senate Majority Leader Harry Reid (D-Nev.) said this week that action on appropriations in his chamber will be very limited in the next few months.

There continues to be widespread speculation that this year’s appropriations process will eventually become stagnant this fall, as Democrats may wait for the president to leave office before completing work on the funding bills in order to avert a promised veto.

CQ Today reported earlier this week, “Reid (D-Nev.) said his chamber will likely consider, at the most, two fiscal 2009 appropriations bills this year before passing a continuing resolution (CR) in September that would keep the government funded at current levels into early next calendar year, when a new president takes office. The new fiscal year begins Oct. 1” (CQ Today, David Clarke, 7/10/08).

The full Senate Appropriations Committee has approved the Labor, Health and Human Services (HHS), and Education funding bill, which provides the same funding amounts for several TBI programs as last year. This includes $5.7 million for TBI programming within the Centers for Disease Control and Prevention (CDC) and $8.754 million for the HRSA TBI State Grant Program.

The House Labor, Health and Human Services (HHS), and Education Appropriations funding bill has only been passed by the House Subcommittee and not the full House Appropriations Committee. The House Subcommittee markup contains increased funding for some federal TBI programs compared to last year. The bill includes $11 million for the HRSA TBI State Grant Program (+$2.246 million over last year) and $6.6 million for TBI programming within CDC (+$0.9 million over last year).


We agree that one of the most pressing issues for the next administration, is better care for returning vets, and also for all brain injury survivors.

Kind Words about http://tbilaw.com from New Zealand

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Posted on 8th July 2008 by Gordon Johnson in Uncategorized

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Below is an email we received with respect to our websites and web advocacy.

Attorney Gordon Johnson
http://subtlebraininjury.com
http://tbilaw.com
https://waiting.com
http://vestibulardisorder.com
http://youtube.com/profile?user=braininjuryattorney
g@gordonjohnson.com
800-992-9447
©Attorney Gordon S. Johnson, Jr. 2008

To Gordon Johnson and team, I thank you so much for your site. My name is Wendy and I am a 44 year old woman from New Zealand. I am a victim of Multiple TBI’s. As a child I sustained many head injuries (alot was me being knocked out), and have recieved many since. Most of which I have been knocked out many times, some for long periods, but mainly having the back of my head hitting the ground before any other part of my body. The worst injury I sustained was in 2001 when I had a home invasion and was beaten by 2 people wearing work boots being knoked for 8 or 9 hours. That was the second time I had been knocked out for that long. Other instances were being unconcious for up to 2 hours.

I found your site very easy to understand and informative. All of the symptoms you described were me wrapped up into one big ball. A brain damaged mess with what as a future?!

I do wish so much that your firm was over here in New Zealand as I have had no help from our ‘system’ as one may put it.
Thanks so much for putting this information on the net. People need to understand more about becoming brain damaged and how it affects the victim and how it changes them. Its helped me with my youngest daughter (13), as she never really understood why Mum wasnt like she used to be. I really hope that someday in someway that there will be some miracle cure for thoses affected by TBI or Multiple TBI’s..

Kindest Regards, Wendy. :o)

The Search for the Perfect Plaintiff

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Posted on 27th June 2008 by Gordon Johnson in Uncategorized

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The technique almost all attorneys hired by insurance companies use to defend brain injury cases, is to blame all of the problems the injured person has after the accident on psychological problems the plaintiff had before the accident. The reason is that post concussional symptoms have much in common with the symptoms someone might have from depression. For that reason, defense attorneys and the doctors they hire will blame it on pre-morbid (pre-injury) factors, even if there is no documentation of such psychological issues beforehand.

Thus, experienced plaintiff attorneys become progressively more gun shy about representing someone who has had documented problems before they got hurt. History of migraine, don’t want the case; history of counseling, don’t want the case; prior accidents, don’t want the case. The list of reasons to not represent someone with a brain injury could go on for two pages, but suffice it to say I have heard lawyers I respect give entire lectures devoted to all the reasons not to represent someone.

To a degree, such caution is a self preservation instinct, because the amount of money and time a plaintiff attorney invests in a case. When a plaintiff attorney chooses the wrong brain injury case, not only do they risk not making any fee for his or her time (almost all of these cases are handled on a contingent fee basis) but the lawyer may lose tens of thousands of dollars in out-of-pocket costs, to get the case ready for trial. I confess to turning down cases that other lawyers are willing to take a chance on. My firm and our colleagues only have so much time and resources. Sometimes, there are just too many negatives to justify going forward.

Yet while I turn down many cases, I am turning down fewer cases because of concerns about a pre-morbid mental health issue. While such issues make a case more difficult, they also make it more significant. Concussion, quite simply, does not disable most people. But it does disable a significant minority, probably in the neighborhood of 15%. Pre-injury psychological problems might make a case more complicated, but to me, they also make it more credible. The “perfect plaintiff”, is considerably less likely to be the person disabled by a seemingly routine concussion. That person would likely have a steady improvement over the first few days after the concussion, and like young jocks, be back in the game a week or two later.

Yes, I suppose there are cases where a remarkable individual – with no clouds on their medical or emotional history – suffers a moderate to severe brain injury and becomes clearly disabled. But if you represent only the “perfect plaintiff” you will turn down far too many people whose cases merit representation. While I choose my challenges carefully, the challenge of connecting pre-morbid vulnerabilities to actual resulting pathology and disability, is one I am shying away from less and less.