CALL TODAY

866.584.2904
804.648.4848

100 Shockoe Slip
Fourth Floor
Richmond, VA 23219
Directions

Practice Areas


Butler Williams & Skilling Weekly

Legal News

Four Firm Partners Listed in 2010 Virginia Super Lawyers...
Posted on 6/25/2010

Court Certifies Overtime Collective Actions...
Posted on 6/14/2010

Attorney Butler Quoted in Article on Avoiding Religious Discrimination...
Posted on 6/10/2010

view all

Library

Employment Law

"Hijabs Burqas, Khimars and Beards: Avoiding Religious Discrimination Suits" Reproduced with permission from the U.S. Law Week, 78 U.S.L.W. 1801 (June 8, 2010). Copyright 2010 by The Bureau of National Affairs, Inc. (800-372-1033)

Unpaid Overtime Trifold (printable)

January 2007 DOL Opinion Letter on Overtime Entitlement to On-Property Timeshare Sales Employees: Outside Sales Exemption Does Not Apply

view all

General

Weekly topic

Weekly Archive

Kidd v. Walmart 11.12.09 Memorandum Opinion Excluding Defense Experts

view all

Butler Williams & Skilling Blog

Blog Category:

General

7/10/2009
Michael G. Phelan
Comments (0)

New Emergency Room Diagnosis Guidelines for Mild Traumatic Brain Injury

The American College of Emergency Room Physicians (ACEP) in collaboration with the Centers for Disease Control and Prevention (CDC) revised the clinical diagnosis guidelines for mild traumatic brain injury (MTBI).  These guidelines are designed to improve patient outcomes for the more than one million people who visit emergency departments every year for mild traumatic brain injury.

"People with traumatic brain injuries may appear to be normal and their symptoms may be mild, but there can be hidden dangers," said Richard C. Hunt, MD, Director of the Division of Injury Response at the Centers for Disease Control and Prevention.  "TBI's can also lead to significant, life-long impairments that prevent a person's ability to function both physically and mentally.  These revised guidelines can help ensure that patients with even mild TBI's are identified early and receive the care they need."

The real incidence of traumatic brain injury (TBI) is unknown since many patients who sustain an injury never seek medical care. The majority of these injuries are classified as mild, meaning the patient is alert, oriented and functional when they are assessed in the emergency department. It is estimated that 10 percent of patients with a mild TBI have evidence of an intracranial injury on head computed tomography (CT), and that approximately one percent of patients with mild TBI harbor a life-threatening neurosurgical lesion. The challenge for the emergency physician is to identify which patients with a head injury have an acute traumatic intracranial injury, and which patients can be safely sent home.

ACEP and CDC recogize in the revised guidelines that MTBI results from direct trauma to the head or from an acceleration/deceleration stress to the brain, and that MTBI poses a risk for short-term difficulties with symptoms such as headache, difficulty with balance, thinking, concentrating and sleeping. Up to 80 percent of patients report some symptoms related to the injury at three months. If MTBI results in long-term problems, it is often referred to as post-concussive syndrome.

For more information on traumatic brain injury (TBI), visit CDC on the Web at: www.cdc.gov/Injury.



1/15/2009
Michael G. Phelan
Comments (0)

Cognitive Rehabilitation Helps People With Acquired Brain Injury

A meta-analysis published in the January issue of Neuropyschology provides evidence that cognitive rehabilitation after a serious brain injury or stroke can help the mind in much the same way that physical therapy helps the body. new meta-analysis. Because the data suggest that treatment may work best when tailored to age, injury, symptoms, and time since injury, the findings may help establish evidence-based treatment guidelines.

Researchers at the University of South Alabama and the University of North Carolina at Charlotte analyzed and updated the data found in systematic reviews of several hundred studies of cognitive rehabilitation. The researchers took those studies whose samples and methods were most amenable to rigorous statistical techniques and documented the extent to which various treatments improve the language, attention, memory and other cognitive problems that appear after acquired brain injury.

The meta-analysis examined 97 articles, comprising 115 studied treatment samples and 45 control samples. These samples collectively included 2,014 individuals who underwent cognitive rehabilitation after brain injury and 870 individuals in a variety of control conditions. The authors of the initial reviews had concluded there was enough evidence to generally support the use of a variety of rehabilitative treatments. To develop specific treatment guidelines, this new analysis documented the extent to which treatment type and timing, origin of the injury, recovery level, and participant age affected the odds of success.

Given the patterns they found, the authors offered initial treatment guidelines:

  • Generally, it is better to start treating patients as early as possible, rather than waiting for a more complete neurological recovery.
  • Even older patients (age 55 and up) may benefit from cognitive rehabilitation, particularly if the brain injury is due to stroke.
  • Clinicians should focus their efforts on direct cognitive skills training in specific cognitive domains (such as attention or visuospatial processing). More holistic, non-targeted interventions appear to be less effective.

Especially if they were treated soon after the event, language training helped older people after stroke with aphasia, problems producing and/or comprehending language. However, language training was still effective, just not as much, when it started more than a year after the stroke.

Attention training helped people with acquired brain injury and seemed to work best with younger patients less than a year after injury. It was the most specific treatment, improving nothing but attention.

Visuospatial training helped stroke patients with visuospatial neglect, the inability to respond or orient to something shown on the side opposite to the site of the injury. Visuospatial training also tended to improve performance in other cognitive domains.

Memory treatment did not produce clear results. Nor did comprehensive treatments that attempted to treat cognitive problems holistically.

The authors also found that patients treated less than a year after injury did better than those treated more than a year later.

There are some very talented experts in acquired brain damage and cognitive rehabilitation in Virginia.  The challenge is to get the physicians who first treat victims of acquired brain damage (e.g., ER doctors, family doctors, and neurologists) to recogize the symptoms of TBI and timely refer the patient for cognitive rehabilitation.

12/8/2008
Michael G. Phelan
Comments (0)

Think Twice About Holding Your Cell Phone to Your Ear

Are we going to have to go back to the days of mounted car phones?  A new study concludes that radiation from cell phones can affect the memory.  At the Division of Neurosurgery, Lund University, in Sweden. Henrietta Nittby, researchers studied rats that were exposed to mobile phone radiation for two hours a week for more than a year. These rats had poorer results on a memory test than rats that had not been exposed to radiation.

The lead researchers believe that the findings indicate that microwave radiation from cell phones can affect the so-called blood-brain barrier. This is a barrier that protects the brain by preventing substances circulating in the blood from penetrating into the brain tissue and damaging nerve cells.  The bottom line is the rats in the experiments suffered brain damage  from the microwave radiation, and the brain damage caused memory problems.

The research team also found certain nerve damage in the form of damaged nerve cells in the cerebral cortex and in the hippocampus, the memory center of the brain.  Moreover, they have discovered alterations in the activity of a large number of genes, not in individual genes but in groups that are functionally related.

Henrietta Nittby, one of the researchers, has cell phone herself, but never holds it to her ear, using hands-free equipment instead.



11/26/2008
Michael G. Phelan
Comments (0)

Brain Injury Association of America Teams Up With Journal of Head Trauma Rehabilitation


          


 
The Brain Injury Association of America (BIAA) entered an agreement that designates the Journal of Head Trauma Rehabilitation (JHTR) as BIAA's official scholarly journal beginning January 1, 2009.
 
 "As the nationwide voice of brain injury, our goal is to put timely, relevant research findings into the hands of brain injury clinicians and business leaders as well as policy makers and the media," said Susan Connors, BIAA President and CEO. 
 
The partnership with LWW ensures that each new member of BIAA's Academy of Certified Brain Injury Specialists will receive a one-year subscription to the leading, peer-reviewed publication in brain injury.  Renewing certificants will have an opportunity to subscribe to JHTR at discounted rates.  
 
 "JHTR has led the way in brain injury treatment research and practice for nearly 25 years," noted Sandra Kasko, JHTR Publisher.  "JHTR is ranked #1 in rehabilitation by the Institute for Scientific Information's 2007 Journal Citation Report.  LWW is pleased to partner with BIAA to provide this essential resource."
 
In concert with BIAA's adoption of JHTR, the Association will introduce the Mitch Rosenthal Memorial Lecture Series in 2009.  The Rosenthal Lectures, delivered via teleconference and webinars, will be drawn from each issue's content.
 
John D. Corrigan, PhD, an editor of JHTR noted, "BIAA and JHTR are two of the nation's oldest, most respected names in the brain injury field.  This partnership will extend the good work both organizations do to improve care for individuals with brain injury.  
 
Founded in 1980, the Brain Injury Association of America is the premier source of information for victims of brain injury.  BIAA and its nationwide network of state affiliates provide help, hope and healing to the millions of Americans who live with a lifelong disability as a result of brain injury, as well as their families and the researchers, clinicians and professionals who provide treatment and long-term care. For more information about brain injury or the BIAA, visit www.biausa.org.
 
Our local chapter, The Brain Injury Association of Virginia, Inc. (BIAV) can be contacted at www.biav.net or (804) 355-5748.  For additional information concerning the medico-legal aspects of brain injury, visit www.injuryboard.com and click on the brain injury section.

 



11/17/2008
Michael G. Phelan
Comments (0)

Tackling Head Injuries Head-on

As student athletes continue to get bigger, faster, and stronger, the incidence of sports-related traumatic brain damage is on the rise. Sports medicine has come a long way in the past 20 years in the treatment and tracking of sports concussions.  In the early 1990's, a doctoral candidate at the University of Georgia, Martin Mrazik, worked on the first simple experiments to measure the impact of concussions.  Mrazik theorized that if one could measure the athletes' baseline cognitive function before the start of the season, before they suffered a concussion, then one could measure what happens after an athlete suffered a head injury.  Mrazik developed written tests of reaction time and processing speed.

A few years later, researchers at the University of Pittsburgh Medical Center computerized Mrazik's crude test, creating the Immediate Post Concussion Assessment and Cognitive Test (ImPACT) system.  In the past couple of years, the National Hockey Association, the National Football League, and U.S. Lacrosse (which reports that concussion is the third most prevalent injury among its male and female athletes) adopted ImPACT as an assessment tool.  This year, the Canadian Football League followed suit.  The goal of ImPACT is to properly diagnose concussion and then to make sure the athlete does not return to action until he or she is fully recovered.

Today, Dr. Mrazik is a professor at the University of Alberta, which applies ImPACT to all of its football, hockey, rugby, and soccer players.  Dr. Mrazik is not satisfied.  He worries about the lower school and recreational athletes who do not have the benefit of health care professionals who are trained to diagnose and treat brain damage.  Mrazik cites the example of Brett Lindros, the younger brother of former Philadelphia Flyers star, Eric Lindros, who was forced to retire from hockey at age 19 because of repeated concussions suffered in junior hockey.

This problem is not limited to junior hockey.  Every day in this country, middle school and high school football players return to practice within a day or two of suffering serious, and often serial, concussions.  There is no way the school coaching staffs are properly trained in spotting and managing concussions.  ImPACT needs to become standard practice in U.S. colleges, high schools, and middle schools.

Bookmark and Share


Free Online Evaluation

Name:

Phone:

Email:

Tell us more:


Butler Williams & Skilling
100 Shockoe Slip
Fourth Floor
Richmond, VA 23219
Phone: (804) 648-4848
Fax: (804) 648-6814

Get Directions

Employment Rights Overview

For more information on employment claims, your rights, and job survival, please click here.

Best Lawyers

Super Lawyers
Seriously Outstanding
only 5% selected each year
Super Lawyers
Seriously Outstanding
only 5% selected each year
online at
Super Lawyers
Seriously Outstanding
only 5% selected each year
online at
Super Lawyers
Seriously Outstanding
only 5% selected each year