Date: 11/3/2008 7:10 AM
By JOHN CURRAN
Associated Press Writer
BURLINGTON, Vt. (AP) — Larkin Forney doesn’t have the most conventional background: He’s a convicted sex offender and drunken driver, a head injury victim and a marijuana legalization advocate.
But that hasn’t stopped him running for state Senate.
Forney, 31, of Milton, who pleaded guilty to sexually assaulting a minor and has three driving under the influence convictions, said he’s running to bring public attention to flaws in the criminal justice system — and to let the world know he’s no pedophile.
He knows his background may scare off some voters, but he figures honesty might win him some votes in the race for one of six at-large seats representing Vermont’s most populous county.
“All my skeletons are out in the open, while other people continue to deny theirs,” he said.
Vermont law has no ban on people with criminal records running for office. If you live in the district you want to represent and you gather enough signatures from people — in state Senate races, that’s 100 — you can get on the ballot.
Forney did.
His name appears with 13 others on Tuesday’s ballot, under the “Justice for Vermonters” party label. In his campaign literature, he says diagnosed sexual predators and pedophiles should be sent to prison for life, marijuana should be legalized and U.S troops withdrawn from Iraq.
“We haven’t had situations where anybody with that kind of record’s been elected,” said Secretary of State Deborah Markowitz. “We’ve had people with criminal records run for office, usually at the local level, for constable or lister. At the end of the day, the voters make a choice.”
In any election, Forney probably would face an uphill battle. Running this year makes his candidacy especially unlikely.
The abduction, rape and murder of 12-year-old Brooke Bennett — allegedly by her sex-offender uncle, Michael Jacques — has badly shaken people in Vermont, and prompted a vigorous election-year debate over how best to prevent sex crimes and punish those responsible.
Electing a sex offender? It could happen, Forney says.
“I don’t think I have that bad of a shot,” he said. “The government can put the sex offender label on someone, but it doesn’t make them a pedophile or a dangerous person.”
Forney, who suffered a traumatic brain injury as an 8-year-old boy when he was hit by a car, blames the injury for some of his troubles, which include a suicide attempt in which he set himself on fire.
The sex charge stemmed from a 2002 incident in which he had sex with a 14-year-old girl. He says the sex was consensual, and that the girl lied about her age. Attempts to reach her for comment — through the Chittenden County victim’s advocate’s office — were unsuccessful.
Forney, who pleaded guilty to the charge in 2005, served 19 months in prison. He claims he was pressured into the plea.
Whatever the truth, his candidacy was a surprise.
“It’s a little odd that in this political climate, he’s willing to run,” said state Sen. Diane Snelling, a Republican. “To some extent, you have to give the guy credit. If he wants to take his case to the people, great. But his argument will only reach certain people.”
Pearse Corcoran, 22, of Burlington, who cast his vote last week at Burlington City Hall, said he didn’t vote for Forney.
“I had heard about him. I heard it was circumstantial and all that, but I think that’s irrelevant. Plus, there’s the DUI thing,” he said.
Should Forney win, he would not be subject to a state Constitution article that gives the House and Senate the authority to expel a member. Such expulsion can’t be for causes known to voters before the election, according to David Gibson, secretary of the state Senate.
“That sounds like it would exclude him,” said Gibson.
___
On the Net:
http://www.justiceforvermonters.org
Copyright 2008 The Associated Press.
Summary
Brain Injury and Depression
When we think of the impact that brain injury has on a person, it is often the ability to process, record and recover information that comes to the forefront. We focus on the thought processes or problems in memory first, and the emotional aspects of brain injury last. However, depression is a significant and debilitating factor in many brain injuries.
According to the Brain Injury Association of America, significant depression will affect 6 out of 100 people in the general population. However, research has found that if TBI is involved this number may increase by ten times.
Lack of inhibition and compromised frustration levels can affect a brain injured individual’s ability to control anger. The same mechanisms can affect an individual’s emotional responses on many levels and emotional responses may become exaggerated or inappropriate.
Depression, however, is not only triggered by the physical changes in the person’s state.
“Many research studies show that post-TBI depression is associated with poorer rehabilitation outcomes, reduced activities of daily living, increased experience of failure, increased stress, reduced employment, more frequent divorce, increased family burden, reduced social-recreational activity, increased sexual problems, reduced life satisfaction and poorer health-related quality of life.”
Whether depression is triggered by the inability of the brain to cope with emotional signals or environmental changes which occur as a result of decreased functioning or whether it involves an actual chemical change in the brain, depression is a serious issue which needs to be addressed.
Individuals who were exceptionally high functioning before an injury occurred are often at a higher risk for depression because of their inability to achieve pre-injury functioning. A lack of ability to stay on task due to lower frustration levels, inability to multitask and diminished stamina can all contribute to a feeling of worthlessness when measuring themselves against their former selves. This process becomes a cycle between frustration and anger which can isolate the individual from previous social interactions.
It is accepted by the medical community that a feeling of being a burden on others and not being of value in the world can lead to suicidal ideation. When a formerly high functioning individual is placed in a situation which makes them dependent on a caregiver and removes them from pre-injury productivity, it can become a severe blow to self worth, which can lead to depression.
Depression is a highly treatable condition which requires admission that depression is present. This may or may not be possible if the brain injured person has no self awareness about their own emotional functioning. It is important that family members and caregivers understand the signs and symptoms and what they can do to help.
A brain injured person is more likely to self-medicate with alcohol and drugs in an attempt to cope with the changes which have occurred. Because they have a compromised system, they are more vulnerable to the use of substances which can escalate the problem. These issues may need to be addressed as well with a knowledgeable professional experienced in treating brain-injured individuals.
There is an excellent brochure available from the Brain Injury Association entitled “Coping with Depression after Traumatic Brain Injury” which describes the factors which may lead to depression and what the survivor and family can do to manage depression.
Gordon Johnson
g@gordonjohnson.com
www.tbilaw.com
www.subtlebraininjury.com
Fatal shooting by police sparks Montreal riot
In a bizarre postscript to last Saturday’s story about the racial riots of the past, one of the world’s most peaceful countries had an outbreak of urban rioting this weekend. (See the below story on the Montreal rioting) Gun violence has always been remarkably lower in Canada, largely because of much tighter gun restrictions. But conflict between urban police and poor people has always been a trigger, regardless of where it happens.
One of the lost areas of brain injury advocacy is in police brutality cases. As primarily an accident lawyer, I have only consulted on these cases, but those innocent victims of police brutality often suffer the same type of permanent brain damage as my accident clients.
We hope that Montreal returns to the serenity of which we think of it, and the Canadian authorities can be trusted to find the truth of what really happened.
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
Date: 8/11/2008 11:28 AM
MONTREAL (AP) _ Rioting broke out late Sunday in a Montreal neighborhood where a young man was shot to death by police over the weekend. A police officer was shot in the leg, stores were looted and firefighters were pelted with beer bottles.
Several hundred officers in riot gear fanned out in search of a group of youths who ran off after torching eight cars parked outside a fire station in Montreal North, a multiethnic neighborhood with simmering tensions between residents and police. Fire trucks responding to the call in Montreal North were pelted with beer bottles, while at least three bus shelters were trashed.
The violence erupted following a peaceful community protest against the shooting by police on Saturday of three people, including an 18-year-old man, identified by his sister as Freddy Alberto Villanueva, who died of his wounds.
On Sunday, men and women of all ages crawled through the smashed windows of a pawn shop, a convenience store and a butcher shop, grabbing anything they could. They could be seen running down the street clutching TVs, cigarette cartons and slabs of meat.
Meanwhile, along the residential streets, riot-squad officers were forced to dive for cover at least three times, after blasts of what sounded like gunshots went off around them.
“I had a guy shoot a gun next to me, that’s how bad it was,” said Patrick Parent, who lives on the street behind the convenience store. “I ran home. It was terrifying.”
Parent, who has lived in the area for six years, said locals occasionally hear gunshots but that usually the neighborhood is quiet.
“I thought I would see this only on TV, never in real life,” he said.
Montreal police spokesman Ian Lafreniere said one police officer was hospitalized after being shot in the leg.
An ambulance technician was hit in the head by a bottle and a second police officer suffered minor injuries, he said. Both were released from hospital after treatment.
Montreal police Chief Yvan Delorme said the mob vandalized three fire trucks, the local fire station and broke into 20 businesses.
Three people were arrested for breaking and entering, one for drug possession and two others for charges still to be determined, he said.
Quebec provincial police have taken over the investigation into the shootings Saturday that sparked the riots.
City police said the officers were trying to arrest an individual in Henri Bourassa Park around 7 p.m when they were surrounded by a group of about 20 youths.
A few individuals allegedly broke away from the group and rushed the officers.
According to police, one of the officers then opened fire.
The officers were not wounded.
Provincial police spokesman Gregory Gomez del Prado said there were numerous witnesses to the incident, including people playing sports or just sitting in the park nearby, he said.
“It’s too early to say what happened exactly. We’re talking about the death of a man. It’s a major investigation.”
Villanueva’s sister, Julissa, said from nearby Laval that family members want answers.
“We only know what we see in the news, in the newspapers, that’s all,” she said, breaking into tears as she spoke about her brother, a student who wanted to become a mechanic.
Delorme, the Montreal police chief, said authorities would make efforts to mend the shaky relations between police and the community.
“We’re there to listen, to understand what happened (Sunday) night and to avoid these kinds of situations,” Delorme said Monday. “We have to feel safe in Montreal.”
Copyright 2008 The Associated Press.
One of the lost areas of brain injury advocacy is in police brutality cases. As primarily an accident lawyer, I have only consulted on these cases, but those innocent victims of police brutality often suffer the same type of permanent brain damage as my accident clients.
We hope that Montreal returns to the serenity of which we think of it, and the Canadian authorities can be trusted to find the truth of what really happened.
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
Date: 8/11/2008 11:28 AM
MONTREAL (AP) _ Rioting broke out late Sunday in a Montreal neighborhood where a young man was shot to death by police over the weekend. A police officer was shot in the leg, stores were looted and firefighters were pelted with beer bottles.
Several hundred officers in riot gear fanned out in search of a group of youths who ran off after torching eight cars parked outside a fire station in Montreal North, a multiethnic neighborhood with simmering tensions between residents and police. Fire trucks responding to the call in Montreal North were pelted with beer bottles, while at least three bus shelters were trashed.
The violence erupted following a peaceful community protest against the shooting by police on Saturday of three people, including an 18-year-old man, identified by his sister as Freddy Alberto Villanueva, who died of his wounds.
On Sunday, men and women of all ages crawled through the smashed windows of a pawn shop, a convenience store and a butcher shop, grabbing anything they could. They could be seen running down the street clutching TVs, cigarette cartons and slabs of meat.
Meanwhile, along the residential streets, riot-squad officers were forced to dive for cover at least three times, after blasts of what sounded like gunshots went off around them.
“I had a guy shoot a gun next to me, that’s how bad it was,” said Patrick Parent, who lives on the street behind the convenience store. “I ran home. It was terrifying.”
Parent, who has lived in the area for six years, said locals occasionally hear gunshots but that usually the neighborhood is quiet.
“I thought I would see this only on TV, never in real life,” he said.
Montreal police spokesman Ian Lafreniere said one police officer was hospitalized after being shot in the leg.
An ambulance technician was hit in the head by a bottle and a second police officer suffered minor injuries, he said. Both were released from hospital after treatment.
Montreal police Chief Yvan Delorme said the mob vandalized three fire trucks, the local fire station and broke into 20 businesses.
Three people were arrested for breaking and entering, one for drug possession and two others for charges still to be determined, he said.
Quebec provincial police have taken over the investigation into the shootings Saturday that sparked the riots.
City police said the officers were trying to arrest an individual in Henri Bourassa Park around 7 p.m when they were surrounded by a group of about 20 youths.
A few individuals allegedly broke away from the group and rushed the officers.
According to police, one of the officers then opened fire.
The officers were not wounded.
Provincial police spokesman Gregory Gomez del Prado said there were numerous witnesses to the incident, including people playing sports or just sitting in the park nearby, he said.
“It’s too early to say what happened exactly. We’re talking about the death of a man. It’s a major investigation.”
Villanueva’s sister, Julissa, said from nearby Laval that family members want answers.
“We only know what we see in the news, in the newspapers, that’s all,” she said, breaking into tears as she spoke about her brother, a student who wanted to become a mechanic.
Delorme, the Montreal police chief, said authorities would make efforts to mend the shaky relations between police and the community.
“We’re there to listen, to understand what happened (Sunday) night and to avoid these kinds of situations,” Delorme said Monday. “We have to feel safe in Montreal.”
Copyright 2008 The Associated Press.
Another Waiting.com Coma Tragedy
From another reader, who got solace from our advocacy on https://waiting.com:
Attorney Gordon Johnson
On Jul 14, 2008, at 7:31 PM, Alina Higuera wrote:
Hello My name is Alina I come from a family of ten kids 7 girls and 3 boys It seems as if my family and I are reliving the devastation of my brothers ( 3rd born ) brain injury that occured on Dec 3, 1979. his injuries were caused by blunt force trauma to the head, he fell out of the back of a pick up truck. The part of the brain that was damaged was at the brain stem. After being in a coma for 3 mo. he returned to us, having to relearn how to do everything, unfortunatly my brother never did regain use of his legs and was able to move his right arm only. he remained very inteligent as he was before this happened. All of his sences were very much intact including pain. He could’nt move anything but he could feel everything, I remember so many many times he would yell for me to come and scratch his itch because he was unable to and we all know how irritating that is, pain was another thing that my brother could feel, it would break my heart to see the unbearable pain on his face when he would be getting therapy or just cleaning him up. My brother lived in that hell for 31 yrs and never one time did I ever hear him feeling sorry for himself, he was always smiling and without fail the first one to say “Good Morning” and nerver forgot a birthday and was the one always doing the cheering up. We lost my brother on Feb 15, 2008 although he is greatly missed I am happy that he is no longer suffering from the bondage that he lived with and through for so many years. On July 12, 2008 my older sister ( 5th born ) 51 years old went into cardiac arrest while visiting another sister over the weekend, after returning from a quick errond as she walked into the front door she found my sister face down on the ground not breathing and with no pulse, she began to administer CPR immediatly, as she called out for help a neighbor came running who happens to be a lifegaurd and assisted my sister with CPR paramedics finally arrived still with no pulse or breathing they began chest compressions and then the electric paddles to try and start the heart, finally after about 15 mins they were able to feel a faint pulse. My sister now lays in a coma on a breathing machine with no responsive reaction. She was having seizures that were coming between every 15 to 30 secs of eachother. because of the lack of oxygen to the brain they say that she does have significant brain damage now to what extent we are not at all sure. Seeing my sister hooked up to machines and just laying there is a de ja vu of 31 years ago. My heart is breaking for my mom because as before she sits along side of my sisters bed talking to her and insisting that she will be just fine as she did with my brother. I can only hope and pray that she comes out of this and returns back to normal ( as normal as possible ) for the sake of my sister she would never want to live as my brother did ( we have all discussed it many times ) and as for the sake of my mom I can only hope and pray and hope and pray that she is strong enough to handle whatever the outcome will be. Only time will tell the fate of my sister, I love her and I miss her sooo very much and God willing she will come back the way she was.
Thank You for reading my story and even more for allowing me to write about it and somewhat releasing it from inside of me.
Alina Higuera
Hello Gordon,
I was so hoping to get a reply back from you. I am very sad to say that after sending this email, we were informed that due to the lack of oxygen to the brain, that my sister was brain dead and that they could do no more for her. She was removed from the machines and to much surprize was breathing on her own for about 36 hrs. she passed away July 18. You absolutley have my permission to post this on your blog, I can only hope that it will bring some comfort to the surviving relatives that they are not alone. Thank You so much for your response.
Alina Higuera
Obama and McCain urged to Attend Military Head Injury Conference
From the Brain Injury Association of America:
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.
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
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
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)
A Weekly Update on Federal Policy Activity Related to Traumatic Brain Injury
From the Brain Injury Association of America:
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
Brain Injury Association of America
Policy Corner E-Newsletter – June 27, 2008
A weekly update on federal policy activity related to traumatic brain injury
__________________________________________________________________
Dear Advocates:
Legislative activity related to traumatic brain injury policy ensued on numerous fronts this week, as Congress made progress on several bills before leaving town for a week-long July 4 recess beginning on Monday.
Progress on appropriations occurred this week on the Senate side, as the full Senate Appropriations Committee marked up and approved its Fiscal 2009 Labor, Health and Human Services (HHS), and Education funding bill.
Meanwhile – on the other side of the Capitol – as marked up on the Subcommittee level last week, the House Labor, Health and Human Services (HHS), and Education Appropriations funding measure contains increased funding for some federal TBI programs. Unfortunately, this bill was not approved by the full House Appropriations Committee on Thursday, as a major breakdown in the Committee’s markup process occurred as a result of partisan disputes. The fate of all House appropriations bills are now uncertain.
Progress on several important bills not related to appropriations also took place this week. On Thursday, the Senate Veterans Affairs Committee approved provisions contained in S. 2921, The Caring for Wounded Warriors Act. BIAA has strongly supported and endorsed this legislation, which was recently introduced by Sen. Clinton (D-NY), and would strengthen supports for family caregivers of returning servicemembers with TBI.
On Wednesday, the House of Representatives passed the ADA Amendments Act of 2008 (H.R. 3195) with strong bipartisan backing by a vote of 402-15. Earlier in the week, BIAA formally endorsed this legislation, which is designed to strengthen protections for individuals with disabilities originally enacted through the Americans with Disabilities Act (ADA) in 1990.
Also this week, the Senate approved a compromise version of the war supplemental funding bill, readying the legislation for president’s expected signature. This legislation contained a moratorium – strongly supported by BIAA – on the implementation of several harmful Medicaid regulations.
Finally, the House and Senate were unable to agree on a final Medicare package, which would have prevented deep cuts beginning on July 1 in Medicare payment rates for physicians. Negotiations on such a package are expected to continue when Congress resumes session on Monday, July 7.
Please note that the next issue of Policy Corner will be published on Friday, July 11, as Congress is in recess next week.
*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/
__________________________________________________________________
Labor-HHS-Education Appropriations Bill Advances in Senate; Stalls in House
Progress on appropriations occurred this week on the Senate side, as the full Senate Appropriations Committee marked up and approved its Fiscal 2009 Labor, Health and Human Services (HHS), and Education funding bill.
The Senate’s markup provided the same funding amounts for several TBI programs as last year, including $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.
Meanwhile, on the other side of the Capitol, as marked up on the Subcommittee level last week, the House Labor, Health and Human Services (HHS), and Education Appropriations funding measure contains increased funding for some federal TBI programs compared to last year. The House Subcommittee markup 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).
Unfortunately, though, this bill was not approved by the full House Appropriations Committee on Thursday, as a major breakdown in the Committee’s markup process occurred as a result of partisan disputes. In fact, partisan vitriol reached such a high level during the attempted House markup of the Labor-HHS-Education funding bill that Rep. Obey (D-WI), Chairman of the House Appropriations Committee, threatened not to allow any further progress to occur this year on House appropriations bills. Stay tuned.
Senate Veterans Affairs Committee Approves Caring for Wounded Warrior Act Provisions
On Thursday, the Senate Veterans Affairs Committee approved provisions contained in S. 2921, The Caring for Wounded Warriors Act, S. 2921. BIAA has strongly supported and endorsed this legislation, and several recommendations made by BIAA during the legislative drafting process were incorporated into the bill.
Provisions in the legislation, which was recently introduced by Sen. Clinton (D-NY), would strengthen supports for family caregivers of returning servicemembers with TBI. Specifically, provisions would require two pilot programs to be implemented through the Department of Veterans Affairs, improving the resources available to those caring for returning servicemembers with TBI.
A quote from BIAA President and CEO Susan H. Connors was included in Sen. Clinton’s press release announcing passage of the bill’s provisions:
“Traumatic brain injury not only affects individuals but entire families as well. The Brain Injury Association of America applauds Senator Clinton and Members of the Senate Veterans Affairs Committee for their leadership in passing this legislation, which compassionately and responsibly provides much-needed supports to family caregivers of servicemembers with TBI,” said Susan H. Connors, President and CEO of BIAA.
BIAA will continue to monitor the progress of this important bill, and thanks advocates for urging their Members of Congress to become cosponsors of this legislation.
House Passes ADA Amendments Act of 2008 By Wide Margin
On Wednesday, the House of Representatives passed the ADA Amendments Act of 2008 (H.R. 3195) with strong bipartisan backing by a vote of 402-15. Earlier in the week, BIAA formally endorsed this legislation, which is designed to strengthen protections for individuals with disabilities originally enacted through the Americans with Disabilities Act (ADA) in 1990.
The ADA Amendments Act of 2008 is the product of meaningful negotiations and discussions with experts in the disability community, business and employer groups, Members of Congress, and congressional staff. The measure prohibits consideration of mitigating measures in the determination of whether an individual has a disability, with the exception of ordinary eyeglasses and contact lenses. The bill also affords broad coverage for individuals “regarded as” having a disability under the ADA.
A copy of BIAA’s endorsement letter, which was circulated to all Members of the House of Representatives prior to the vote this week, is available at http://www.biausa.org/policyissues.htm.
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
Brain Injury Association of America
Policy Corner E-Newsletter – June 27, 2008
A weekly update on federal policy activity related to traumatic brain injury
__________________________________________________________________
Dear Advocates:
Legislative activity related to traumatic brain injury policy ensued on numerous fronts this week, as Congress made progress on several bills before leaving town for a week-long July 4 recess beginning on Monday.
Progress on appropriations occurred this week on the Senate side, as the full Senate Appropriations Committee marked up and approved its Fiscal 2009 Labor, Health and Human Services (HHS), and Education funding bill.
Meanwhile – on the other side of the Capitol – as marked up on the Subcommittee level last week, the House Labor, Health and Human Services (HHS), and Education Appropriations funding measure contains increased funding for some federal TBI programs. Unfortunately, this bill was not approved by the full House Appropriations Committee on Thursday, as a major breakdown in the Committee’s markup process occurred as a result of partisan disputes. The fate of all House appropriations bills are now uncertain.
Progress on several important bills not related to appropriations also took place this week. On Thursday, the Senate Veterans Affairs Committee approved provisions contained in S. 2921, The Caring for Wounded Warriors Act. BIAA has strongly supported and endorsed this legislation, which was recently introduced by Sen. Clinton (D-NY), and would strengthen supports for family caregivers of returning servicemembers with TBI.
On Wednesday, the House of Representatives passed the ADA Amendments Act of 2008 (H.R. 3195) with strong bipartisan backing by a vote of 402-15. Earlier in the week, BIAA formally endorsed this legislation, which is designed to strengthen protections for individuals with disabilities originally enacted through the Americans with Disabilities Act (ADA) in 1990.
Also this week, the Senate approved a compromise version of the war supplemental funding bill, readying the legislation for president’s expected signature. This legislation contained a moratorium – strongly supported by BIAA – on the implementation of several harmful Medicaid regulations.
Finally, the House and Senate were unable to agree on a final Medicare package, which would have prevented deep cuts beginning on July 1 in Medicare payment rates for physicians. Negotiations on such a package are expected to continue when Congress resumes session on Monday, July 7.
Please note that the next issue of Policy Corner will be published on Friday, July 11, as Congress is in recess next week.
*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/
__________________________________________________________________
Labor-HHS-Education Appropriations Bill Advances in Senate; Stalls in House
Progress on appropriations occurred this week on the Senate side, as the full Senate Appropriations Committee marked up and approved its Fiscal 2009 Labor, Health and Human Services (HHS), and Education funding bill.
The Senate’s markup provided the same funding amounts for several TBI programs as last year, including $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.
Meanwhile, on the other side of the Capitol, as marked up on the Subcommittee level last week, the House Labor, Health and Human Services (HHS), and Education Appropriations funding measure contains increased funding for some federal TBI programs compared to last year. The House Subcommittee markup 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).
Unfortunately, though, this bill was not approved by the full House Appropriations Committee on Thursday, as a major breakdown in the Committee’s markup process occurred as a result of partisan disputes. In fact, partisan vitriol reached such a high level during the attempted House markup of the Labor-HHS-Education funding bill that Rep. Obey (D-WI), Chairman of the House Appropriations Committee, threatened not to allow any further progress to occur this year on House appropriations bills. Stay tuned.
Senate Veterans Affairs Committee Approves Caring for Wounded Warrior Act Provisions
On Thursday, the Senate Veterans Affairs Committee approved provisions contained in S. 2921, The Caring for Wounded Warriors Act, S. 2921. BIAA has strongly supported and endorsed this legislation, and several recommendations made by BIAA during the legislative drafting process were incorporated into the bill.
Provisions in the legislation, which was recently introduced by Sen. Clinton (D-NY), would strengthen supports for family caregivers of returning servicemembers with TBI. Specifically, provisions would require two pilot programs to be implemented through the Department of Veterans Affairs, improving the resources available to those caring for returning servicemembers with TBI.
A quote from BIAA President and CEO Susan H. Connors was included in Sen. Clinton’s press release announcing passage of the bill’s provisions:
“Traumatic brain injury not only affects individuals but entire families as well. The Brain Injury Association of America applauds Senator Clinton and Members of the Senate Veterans Affairs Committee for their leadership in passing this legislation, which compassionately and responsibly provides much-needed supports to family caregivers of servicemembers with TBI,” said Susan H. Connors, President and CEO of BIAA.
BIAA will continue to monitor the progress of this important bill, and thanks advocates for urging their Members of Congress to become cosponsors of this legislation.
House Passes ADA Amendments Act of 2008 By Wide Margin
On Wednesday, the House of Representatives passed the ADA Amendments Act of 2008 (H.R. 3195) with strong bipartisan backing by a vote of 402-15. Earlier in the week, BIAA formally endorsed this legislation, which is designed to strengthen protections for individuals with disabilities originally enacted through the Americans with Disabilities Act (ADA) in 1990.
The ADA Amendments Act of 2008 is the product of meaningful negotiations and discussions with experts in the disability community, business and employer groups, Members of Congress, and congressional staff. The measure prohibits consideration of mitigating measures in the determination of whether an individual has a disability, with the exception of ordinary eyeglasses and contact lenses. The bill also affords broad coverage for individuals “regarded as” having a disability under the ADA.
A copy of BIAA’s endorsement letter, which was circulated to all Members of the House of Representatives prior to the vote this week, is available at http://www.biausa.org/policyissues.htm.
The Search for the Perfect Plaintiff
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.
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.
Brain Injury and Clubs
Editor’s Note: On http://tbilaw.blogspot.com I am writing a very serious work on the Nightmare of Brain Injury. I thought these pics would be relevant and illustrative, but they disrupted the flow of what I was trying to say there, so I am posting them here.
And thank you Cindy for the images.
And thank you Cindy for the images.
Footnotes to the Nightmare of War Time Brain Injury
Editor’s Note: This week, I am engaged in an intense writing project on my other brain injury blog: http://tbilaw.blogspot.com on the Nightmare of Wartime Brain Injury. There are some footnotes and funnies that don’t really work as a direct part of that project, so I am posting them here. Later in the week, I will comment on Henry VIII’s brain injury here as it is quite pertinent to that topic as well. http://tbilaw.blogspot.com/2008/06/loss-of-smell-was-missed-sign-of-brain.html