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Category Archives: Law Articles


Video – Effects of Concussion

Jeffrey Barth, Ph.D., ABPP-CN (Director, Brain Injury and Sports Concussion Institute University of Virginia School of Medicine) speaks on identifying a concussion and it’s long and short term effects.

To view original video click here



Does Breathing Pure Oxygen Help Ease Brain Injury Symptoms?

Though it may be unfamiliar to most people, Hyperbaric Oxygen Therapy, or HBOT, has been around for several decades.  The technology allows a greater delivery of oxygen to the body’s cells (including brain cells) utilizing pressurized enclosures that have a higher than normal atmospheric pressure.  Generally, the pressure is similar to the experience of being under approximately 20 feet of water. The highly efficient and extremely safe procedure has proven to be effective for a variety of conditions, including cerebral palsy and other forms of brain injury, as well as Lyme disease, chronic fatigue syndrome, cancer, wound healing, and even severe migraines.

The technology is simply based on the Laws of Physics: an increase in atmospheric pressure results in more gas being dissolved in any given liquid. In HBOT, the gas is oxygen and the liquid is blood. So when a person enters a HBOT chamber, more oxygen is dissolved in the blood. Even more importantly, under pressure created in the HBOT chamber, oxygen does not only absorb into red blood cells (the usual way we get oxygen), but it also dissolves into the blood plasma.

This is the most significant aspect of HBOT, because when that plasma circulates near dormant or injured tissues, the oxygen in the plasma will dissolve further into the cells there. In fact, damaged or injured cells can receive much more oxygen from the blood plasma than from red blood cell in the “traditional” delivery system. With the use of HBOT, increased oxygen supply has been proven to enhance the recovery of even severely damaged tissues, such as damaged brain cells (encephalopathy brain), a bruised muscle, a sprained tendon, surgical wound, etc.

With this technology forming the background, the U.S. military plans clinical trials next year to determine whether breathing pure oxygen in HBOT might be key to helping thousands of Iraq and Afghanistan war veterans who suffer from traumatic brain injuries.

An estimated 300 service members with brain damage ranging from mild to moderate will participate in the trials of hyperbaric oxygen therapy to help determine the extent to which it can help them both heal and ease symptoms like headaches and mood swings.

Some participants will spend as many as 40 hours over 10 weeks breathing pure oxygen in a HBOT chamber.  The experiment will also employ a control group who will breathe regular “room air” in a hyperbaric chamber under conditions that will approximate the pressure the test group will feel.

“There is sufficient evidence to say, ‘You know what, we ought to take a look at it,’” said Col. Richard Ricciardi, research director for the Center of Excellence for Psychological Health and Traumatic Brain Injury, speaking of the decades of data supporting HBOT effectiveness.

Ironically, it because improved combat protection and medical care have allowed  more service members to survive explosions and other traumas that would have been fatal in previous wars, that the military is faced with a rising number of traumatic brain injuries.

The Defense Department said nearly 120,000 service men and women suffered traumatic brain injuries from 2003 through 2009.

The HBOT tests are expected to get under way in January or February 2012 at Fort Carson, Colo., Camp Pendleton, Calif., Brooks City-Base, Texas, and Camp Lejeune, N.C. ( and a fifth site that will be designated later).

Find out more about HBOT here: http://www.natural-cancer-cures.com/hyperbaric-oxygen-therapy.html


TGB welcomes LeAnne Kerr, RN BSN

TORAL GARCIA BATTISTA ENHANCES LEGAL AND HEALTHCARE SERVICES WITH THE ADDITION OF LEANNE KERR AS THE DIRECTOR OF CARE MANAGEMENT

Toral Garcia Battista, a brain and spinal cord injury law firm in Florida, today announced LeAnne Kerr has joined the firm as the new director of care management. In this role, LeAnne will be responsible for providing high-level ongoing care management for the law firm’s clients. She will also engage with and serve as a liaison to various members of the healthcare community, such as physicians, social workers, registered nurses, physician assistants and trauma case/program managers.

“LeAnne brings tremendous experience to our firm as a seasoned trauma manager and registered nurse with a bachelor of science in nursing,” said Frank Toral, senior partner at Toral Garcia Battista. “This is a unique opportunity to serve those affected by brain and spinal cord injuries and their families while working with top professionals from both the health care and legal fields.”

Prior to joining the firm, Kerr was the trauma program manager at Miami Children’s Hospital, where she supervised the nursing care of all trauma alert and trauma registry patients from admission to discharge. In addition, she oversaw the trauma registry and all data submitted to the state, monitored trends in performance improvement, and maintained standards and programs aimed at ensuring quality trauma patient care.

She has also served as the trauma clinical coordinator, emergency department clinical coordinator and emergency department staff registered nurse at Miami Children’s Hospital. In addition to her tenure at Miami Children’s Hospital, Kerr also worked as a registered nurse in the emergency department at Memorial Hospital in Miramar, and as a travel RN in the emergency department at Broward General Medical Center. Kerr has also served as a clinical instructor for Keiser University, where she supervised the nursing students through their pediatric clinical rotation at Miami Children’s Hospital.

“I was extremely impressed by the firm’s staff and their commitment to help patients and their families cope with the challenges of a traumatic brain injury,” said LeAnne Kerr. “My passion for helping and advocating for traumatically injured patients epitomizes my nursing career. By applying this passion with my many years of nursing experience, as well as community involvement, I will help patients find the most appropriate traumatic brain injury resources.”

Kerr earned her Bachelor of Science in Nursing from the University of Miami. She currently holds national certifications as a brain injury specialist (CBIS), a pediatric nurse (CPN), pediatric emergency nurse (CPEN) and child passenger safety technician (CPST).  Kerr is also a member of Sigma Theta Tau, the Society of Trauma Nurses, Emergency Nurses Association, and the American Trauma Society.


10/14 NFL Spotlights the Severity of Sports Concussion

The past few months have seen a spotlight begin to shine on the gravity of sports-related concussions and their devastating long term effects on the brain.  Though a lot of the attention has been focused on school sports (and with good reason, since the brain continues to develop until the age of 25), one of the most shocking recent revelations has been in the world of professional sports, most notably, the NFL.

This past June, 75 retired National Football League players sued their former employer for concealing the well-documented knowledge of the harmful effects associated with football-related concussions from not only its players, but from coaches and trainers as well.  Shockingly, records show that this evidence of serious brain damage has been known as far back as the 1920’s—over 90 years ago.  The suit also claimed fraud against a paper published in 2004 that showed the results of a 1994 study concluding that there was “no evidence of worsening injury or chronic cumulative effects” from concussions.  This study was instrumental in allowing players who had suffered concussions to return to play on the day that they were injured, if they were without symptom and cleared by a doctor.  It was only recently revealed that this could result in devastating and permanent brain damage, and this sobering revelation was the basis for the suit.  The suit states that “it was not until June 2010 that the NFL acknowledged that concussions can lead to dementia, memory loss, CTE (chronic traumatic encephalopathy) and related symptoms by publishing [a] warning to every player and team.”

Even the top sports news websites acknowledge that concussions have become a major issue in professional sports over the past several years. It seems that more evidence is constantly surfacing on their potentially harmful long-term effects across the board of professional sports. Most famously, Minnesota Vikings quarterback Brett Favre was forced to end his consecutive games played streak due to a severe concussion that contributed to ending of his career. These former players accused the NFL of engaging in “a scheme of fraud and deceit” by having members of the NFL’s Brain Injury Committee “deny knowledge of a link between concussion and cognitive decline and claim that more time was needed to reach a definitive conclusion on the issue.”

As more and more attention was given to the negligent behavior of the NFL, and increasing numbers of retired players stepped up in support of the suit, it became very clear that the issues could not be ignored.  The lockout that began in March, in response to this overwhelming feeling of betrayal by the players towards their employers lasted 4 1/2 months. The new collective bargaining agreement was signed on August 5, and a settlement followed thereafter.

The fall season is already in full swing, but hopefully this time around with much more awareness and safety.


Toral Garcia Battista Welcomes David J. White

For Immediate Release

TORAL GARCIA BATTISTA WELCOMES DAVID J. WHITE

 

 

Fort Lauderdale, Fla. (September 22, 2011) — Toral Garcia Battista, a brain and spinal cord injury law firm in Florida, today announced the addition of David J. White, P.A. to the firm.

Prior to joining the firm, White was a shareholder for twelve years at the law firm of Searcy Denney Scarola Barnhart & Shipley, P.A. in West Palm Beach, where he successfully litigated numerous catastrophic injury cases against America’s largest corporations.

“With over one hundred circuit civil jury and non-jury trials and many seven and eight figure verdicts to his credit, David is a seasoned trial lawyer that adds an important dynamic to our litigation team” said Frank Toral, senior partner at Toral Garcia Battista and founder of Toral Family Foundation.

“Toral Garcia Battista is a very well-regarded firm, and I am honored to be part of a team who does so much for the communities it serves,” said David White. “My legal background will enrich the positive work of the firm and foundation.”

White began his legal career as a law clerk for Justice Joe L. Martinez of the New Mexico Supreme Court, followed by a clerkship with The Honorable W.O. Mehrtens of the United States District Court, Southern District of Florida. He practiced law in Miami with Frates, Floyd, Pearson, Stewart, Proenza & Richman, and also with Beckham, McAliley & Proenza. He was a founding partner in Proenza, White, Huck & Roberts.

White is a member of both the Florida Bar and the New Mexico Bar. He is listed in The Best Lawyers in America, Florida Super Lawyers, and The American Trial Lawyers Association Top 100 Trial Lawyers in the State of Florida. He earned his undergraduate and law degrees from the University of Notre Dame.

About Toral Garcia Battista

Founded in 1995, Toral Garcia Battista is a brain and spinal cord injury law firm headquartered in Fort Lauderdale, Florida with offices in Tallahassee and Tampa. Led by Frank Toral, senior partner, the firm’s fundamental philosophy maintains legal services must be combined with caring and compassion for each of the firm’s clients. As a testament to the firm’s philosophy, Toral founded the Toral Family Foundation, a 501 (c) (3) nonprofit organization dedicated to providing hope and improving the lives of all persons and their families impacted by a brain or spinal cord injury through research, education and access to community resources. For more information on the Toral Family Foundation visit www.toralfamilyfoundation.org. For more information on Toral Garcia Battista visit www.torallaw.com.

Media Contact:

O’Donnell Agency

Sarah Cohn

P: 561.832.3231

Email: sarah@theodonnellagency.com


Toral Garcia Battista was chosen by Newsweek

Toral Garcia Battista was chosen by Newsweek as one of the top twenty leaders in personal injury law. The firm was featured in the August 22 edition, and was recognized for its leadership in the practice of personal injury law.





Therapy Dogs are a “Brain’s Best Friend”

Let me introduce you to Micah Matisse.  Named after the prophet, Micah, and the artist, Henri Matisse, this highly trained assistant also has many talents.  Not only is he able to be constantly focused and attentive, he intuitively knows when someone needs help and is always there to be of aid.  He also has a tremendous heart, incredible loyalty and his fur coat is so soft that you could pet him for hours.  Micah is a service dog, trained to faithfully stay by the side of his owner, Claudia Osborn, who suffered from a traumatic brain injury after being hit by a car.

After her tragic accident, Dr. Claudia Osborn—who had been a practicing physician in Detroit—suffered from adynamia, a condition caused by significant brain damage.  Adynamia affects the frontal lobes of the brain, which control functions like decision making, planning, and abstract thinking.  For the rest of her life, Dr. Osborn has to struggle with maintaining her independence and autonomy, despite the fact that she needs constant care and medical treatment.

That’s where Micah comes in. Micah is a trained service animal, so he is especially sensitive to Dr. Osborn’s unique needs.  His companionship allows Dr. Osborn to lead quite an independent life.  Micah is there to help her stay focused, giving her cues, reminding her to take her medication and keeping her from wandering off or getting lost by unfailingly leading her back to her car in a parking lot, her chair in a restaurant, or her friend’s side in a crowded shopping mall.  In part, with the independence that Micah’s assistance allows her, Dr. Osborn has become a global advocate for TBI education and prevention.  Because of Micah, she can travel and speak at conferences all over the world.  Wherever she goes, Micah (who is small enough to fit in a backpack) goes with her.

Almost as importantly, Micah’s participation in Dr. Osborn’s recovery has allowed her to be able to once again engage in one of her favorite sports: roller blading.  After the accident but before she had Micah, Dr. Osborn would be inattentive skating on the bike path, not noticing oncoming people and making collisions more likely.  Now, snuggled into a backpack right behind her, Micah nudges Dr. Osborn every time someone approaches.  Now she can stay alert and mindful while she’s skating and can do it safely.

Many people assume that service or therapy dogs are only for the visually impaired, often referred to as “seeing-eye” dogs.  However, the loyalty and earnestness of dogs is undeniable, and so many of them can make not only wonderfully dear companions, but invaluable assistants to those with life-altering disabilities or circumstances.

For more information about service dogs, how they’re trained and how to apply for a dog, visit the Canine Companions for Independence website at www.cci.org.


7/25/11 Excessive Restraint Results in Death of 25 Year Old Woman with Mental Illness

25-year-old woman was a resident at a group home and attended an offsite function requiring the group home to transfer the residents in a van.  During the event, she became agitated and combative and as a result, she was subjected to physical restraint by the staff.  Toral Garcia Battista alleged that the resident’s prior conditions of mental illness, weight and psychotropic medications made her prone to dangerous cardiac arrhythmia if exposed to stressful situations involving high agitation or excitement. The Plaintiff endured a lengthy struggle even before the restraint as the staff escorted her to the van and dragged her inside.  The restraint was applied improperly while Plaintiff was on her knees in the van. The Plaintiff was bleeding from the nose, had scrapes and contusions on her body, and was clearly under unimaginable levels of stress.  Minutes after releasing her from the hold, she went limp and into cardiac distress. However, the staff in the van did not recognize that she was in cardiac distress and did nothing to aide her during the 28 minute drive back to the group home.  By the time they arrived home, the Plaintiff was dead.

There are 50-150 reported deaths every year due to improper restraint.  Courts have long recognized that people with mental illness have the right to be free from the improper use of restraint and that restraint is a safety intervention of last resort. Persons utilizing such restraints must have an understanding of the victim’s medical condition before applying such restraints, as use of the restraint combined with the victim’s medical conditions could cause harm or even death.

This young woman was survived by her mother.  The group home settled for a confidential amount.


7/13/11 Appellate Court Rules in Toral Garcia Battista’s Favor


After 4 years which involved arguments at the trial court, appellate court, and remand to the trial court, Toral Garcia Battista prevailed in its representation of a traumatically brain injured 18 year old. Due to the nature of the injury, the 18 year old’s mom executed the contingency fee contract with Toral Garcia Battista on behalf of her son. The trial court appointed a guardian ad litem for the son who argued that mom had no power to sign the contract with our firm on her adult son’s behalf. The trial court removed Toral Garcia Battista as Counsel of Record.

On appeal, the Second District reversed the trial court’s order finding that the Civil Rules of Procedure specifically provide that a mother, as the next of kin, can execute a contract on behalf of her adult child that is incapacitated or otherwise unable to do so. On remand, the trial court was instructed to confirm that the contract was reasonable and that it was necessary for the mom to retain an attorney on behalf of the incapacitated plaintiff. The trial court found that the above two elements were met, thus confirming that the mom was the proper person to execute the contract and that Toral Garcia Battista was the properly retained firm on behalf of the incapacitated plaintiff.


7/13/11 Paralyzed Client finds a Friend in Dolphins Tight End

View more videos at: http://nbcmiami.com.

Wikus Botha’s life changed on his last trip to South Florida, when the South African rugby player was paralyzed in a near-deadly accident.

But just months after the incident, Botha’s spirits are being lifted by a new friend and fellow athlete, Miami Dolphins tight end Mickey Shuler Jr.

On March 20, 2011, 19-year-old Botha, now 20, was struck by a car as he was walking on Federal Highway in Fort Lauderdale and lost all movement from his neck down. After being taken to Broward General Medical Center, he was told his chances of playing his favorite sport again — or even walking — were slim to none.

Botha had been a member of the Tuks University under 21 rugby team and was on his way to fulfilling his lifelong dream of playing professional rugby by joining the farm team for the Blue Bulls, one of 15 teams in the “Super Rugby” league that includes Australia and New Zealand.

Kevin Brown, a pre-admission nurse at North Broward Medical Center, believed Botha could use a friend, and introduced him to Shuler Jr. and his father, Mickey Shuler Sr., who also played in the NFL.

All three men shared a passion for sports, and the Shuler’s were just the right remedy for Botha’s spirits.

“When I first met him, he touched my heart,” Shuler Jr. said. “He is close to my age and I had to put myself in his shoes. I couldn’t imagine going through an accident like this alone. I want to see him get better.”

Botha is indeed getting better. He can now wheel himself around the hallways of the hospital, feed himself, and even stand up, with the help of his physical therapists.

“It feels great, really,” Botha said to NBC Miami, about being able to stand on his own two feet, saying it gives him hope that he’ll be able to walk out of the hospital soon.

“I want to walk back, really, I want to walk all the way back to South Africa!”, Botha said, laughing.

Shuler Jr. has visited Botha over 20 times, introducing him to his family, fiance, and teammates. He has also showered Botha with autographed Dolphins and Pennsylvania State University memorabilia. The cork board in Botha’s room is now redecorated with strength quotes and inspiring pictures, thanks to Shuler Jr.

“I hope I am able to take him to a Penn State or Dolphins game one of these days because he has become a lifelong friend,” said Shuler Jr.

Botha is thankful to have met such a great friend in the States.

“Mickey gave me Drew Brees’ book ‘Coming Back Stronger: Unleashing the Hidden Power of Adversity’,” said Botha. “He is not only supportive, but compassionate. We are able to sit and talk sports, which helps me get my mind off of my circumstance.”

Shuler Jr. and his family aren’t the only ones pushing Botha to get better. South Florida’s South African community has also visited Botha and posted pictures in his room to remind him he is being supported.

Botha’s mother, Elsa Botha, has been taking care of him every day for two months. Since the accident a couple of months ago, doctors are now more optimistic that Botha will walk again. For his part, Botha has adjusted his goal, from playing pro ball to becoming a rugby coach.

“You must be very grateful for what you have,” Botha said, acknowledging his perspective on life has changed drastically since his injury, and he has advice for anyone who suffers a spinal cord injury.

“I would say just never give up, you must push forward,” Botha says.

Article from NBC Miami


7/6/11 Toral Family Foundation Contest

Toral Garcia Battista Congratulates the Winners of the Toral Family Foundation Contest.

On June 7th, Frank Toral, Founder of the Toral Family Foundation, had an opportunity to visit the Broward Spinal Cord Injury Support Group, where he presented the members and attendees of the group with a contest opportunity.  The contestants had to answer the following question:

“What has been the most encouraging thing that has happened to you since your spinal cord injury.”

First , Second and Third  place winners were announced on July 5th as well as two runner up winners.  There was also a participation award for the entire group in the amount of $650. Click to see Contest Rules

This was an opportunity for the group members to share their stories as well as raise funds for their organization and it was a success! For more information on the Toral Family Foundation, visit www.toralfamilyfoundation.org

Below are the winning entries:

1st Place

The most encouraging thing that has happened to me since my spinal cord injury has to be my faith in God.  My spinal cord injury was from a motorcycle accident almost 20 years ago.  It changed my life in the blink of an eye.  Without God in my life, I don’t know if I would have the will to live each day in my wheelchair.  To spend an earthly existence in a wheelchair is nothing, knowing that I’ll spend an eternity without one.  Knowing that I’ll spend eternity in a “glorified” body that never gets old, has no disease, or injury, or sickness is something that just energizes me.  My faith has inspired me to help others with disabilities, and to encourage them to explore their own faith in God.  I can’t imagine living with a disability, without knowing God and without having an assurance of what awaits us.  1 John 5:13  says “I write these things to you who believe in the name of the Son of God so that you may know that you have eternal life.”  The older we get, the more we realize that life is too short.  It’s what we do with our lives that make a difference for others in this world, and, quite possibly, for an eternity.

R. B.

2nd Place-

I am Spinal Cord Injury, incomplete T5-T10 syringomyelia; discs herniated C3, C4, C5, C6, L5; dissected discs between T7, T8 and T9; compression fracture T3, T4 and T5.

From the moment in which I suffered the accident that damaged me spinal cord, almost nothing good has happened to me. My personal situation has deteriorated steadily. In aspects social, economic and family everything has been falling. However, my faith in God remains high. Despite all the difficulties, I have a completely new outlook.

The most encouraging thing that happened to me is that I discovered the other side of love: “The Solidarity“. My wife Dina accompanies me, looks after me and has shown me another figure of the greatness of love, which was one of the causes of having fallen in love with her. For this reason, this is an opportunity to give testimony of my appreciation and admiration for her. Thank you for the occasion to demonstrate it.

I owe much to Dina, especially because she enrolled me to be part of this support group for people with spinal cord damage, because in this place I could learn more about my illness and share similar experiences with members of the group, and thereby gain access to the improvement of the quality of life that I miss.

Thanks, J.F.

3rd Place-

S*I** HAPPENED…

Jumping out of a tree into a lake happened…

to cause my spinal cord injury.

Believing in God happened…

to give me reason and hope.

Having supportive family and friends happened…

to help me overcome numerous obstacles.

Living in an era with advanced science and technology happened…

to allow me to be independent.

Attending college happened…

to give me the tools to succeed.

Going to HealthSouth for a wheelchair evaluation happened…

to introduce me to Sue Krinsky.

Being part of a group of caring and supportive individuals happened…

to inspire me to advocate for those affected by spinal cord injury.

SCISG HAPPENED…

TO ENCOURAGE ME TO BE A BETTER TEAM MEMBER!

R.G


6/28/11 Meet our Staff: Betty Cinelli

Betty Cinelli joined our firm almost 6 years ago as Director of Community Relations – A department dedicated to linking the clients of the firm and their families to brain and spinal cord injury resources.

When asked what she likes most about working at Toral Garcia Battista, Betty responded: “The people that I work with.  This is truly the most unique workplace that I’ve ever known.  Our job may be challenging on most days, but we always find a reason to laugh – laughter is wonderful medicine.”

When she’s not in the office, Betty can be found enjoying her family and friends and taking every opportunity she can to be outdoors and go camping with her loved ones.  “There’s nothing like taking a walk in the woods and enjoying God’s creation.”

To see Betty’s full bio click here


6/9/11 Frank Toral speaks at the Spinal Cord Injury Support Group

Early this month, Frank Toral had a speaking opportunity at the Broward Chapter of the Spinal Cord Injury Support Group. He addressed the organization’s members along with some of the Directors of their Board. He also announced a contest opportunity through the Toral Family Foundation whereby contestants are to submit their response to the following question: “What has been the most encouraging thing that has happened to you since your injury?” The foundation will accept submissions from the members of the Broward Chapter in written, audio, video or drawing format. The 3rd place winner will receive a cash prize of $200, 2nd place receives $300 and 1st place receives $500. The winners will be announced at their next meeting on July 5th.

To learn more about the Spinal Cord Injury Support Group, visit www.scisg.org


$4.9 Million settlement reached for 19-year old bicyclist hit by truck


NSU is hosting the International Forum of Brain Injuries

On may 5, 2011 Nova Southeastern University in Fort Lauderdale Florida will host an internal forum on the impact of brain injuries.

The International Forum for Innovations in Diagnosis and Treatment of Mild/Moderate Brain Injury will take place from 8 a.m. to 5 p.m. at NSU’s Car DeSantis Building’s Knight Auditorium int the main campus and it will feature global experts, who will talk about the diagnosis and management of mild to moderate brain injury, non-accidental brain injury (e.g. blast injuries, child abuse), head injury in sport, and non-traumatic causes of brain injury (e.g. stroke, and anxiety as a consequence of brain injury).

Speakers:

George L. Hanbury II, Ph.D, president Nova Southeastern University

Jay M. Uomoto, Ph.D., interim deputy director of the Defense Centers of Excellence for Psychological Health and Traumatic Brain Injury, U.S. Department of Veterans Affairs

Barry Nierenberg, Ph.D., ABPP, associate professor, NSU’s Center for Psychological Services

Neal Baer, M.D., executive producer Law & Order: SVU; Deborah Ann Mulligan, M.D., director of NSU’s Institute for Child Health Policy

Daniel Fagbuyi, M.D. FAAP, FACEP, assistant professor of pediatrics and emergency medicine, George Washington University

Stephen A. Russo, Ph.D., assistant professor, NSU’s Center for Psychological Studies

Andrew M. Kusienski D.O. CSM, team physician and medical director for NSU Athletics; Vinny Scavo, University of Miami’s head athletic director

Susan Fisher-Owens , M.D., M.P.H., assistant clinical professor, University California at San Francisco; and U.S. Rep. Debbie Wasserman Schultz

This interdisciplinary continuing education forum will take place from 8 a.m. to 5 p.m. at NSU’s Car DeSantis Building’s Knight Auditorium on main campus.

To register onsite or for a webinar, please visit http://www.nova.edu/ichf/ For information, please call Eli Saleeby at 954-262-1942.


Therapeutic Hypothermia after TBI

Donald Marion, MD, MSc Deputy Director, Clinical and Educational Affairs for the Defense and Veteran’s Brain Injury Center explains on the advantages of cooling the brain immediately after a brain injury.

Article source: brainline.org


From the desk of: Rene Fernandez

I describe myself as being a cheerful person who is willing to serve all who surround me.  I am very passionate about my work and confront every task that is at hand with great joy.  In my free time, I enjoy the company of my family especially, my granddaughter. I enjoy conversing with others, gardening and dancing.  I also visit the sick in the hospital because I believe that in those times is where they need us the most.  I believe in true and sincere friendship and that good friends are those who are with you during the hardest of times.  I enjoy working at the firm and consider it to be my second home and those who I work with as part of my family.   Lastly, I encourage you to have no fear or let obstacles get in your way and know that you’ll reach your destination because if God is with us, who can be against us?

To see Rene’s full bio click here


Why girls are more prone to TBI in sports


Dr. Wayne Gordon, PdD from Mount Sinai School of Medicine explains why girls  are more likely to sustain a TBI in sports.  His reason… they’re more hesitant.

Article source: brainline.org


Confidential Settlement for Brain Injured Pedestrian

Plaintiff, a 62 year old war veteran, sustained traumatic brain and orthopedic injuries as a result of being hit as a pedestrian on Florida’s Highway.

Due to mechanical failure, Plaintiff parked his vehicle on the shoulder of the highway with his emergency lights activated. He got out of his car to check on his vehicle and as he returned to the front door to open it, the defendant swerved onto the shoulder and hit him.

The main defense in the case was the plaintiffs own negligence regarding his proximity to the lanes of travel and his visibility at night.


Changing the perception of Attorneys, Article

download pdf version


Brain Injury Awareness Month 2011

Brain Injury Awareness Month

March is Brain Injury awareness month and the Brain Injury Association of America (BIAA) is focusing on concussions and sports with their campaign: “A concussion is a brain injury. Get the facts.” The BIAA is working towards educating coaches of every team and extracurricular activity to recognize the signs and symptoms of brain injury, including concussion and second impact syndrome.

What is a concussion?

According to the Brain Injury Association of America concussions are a type of Traumatic Brain Injury caused by a blow or jolt to the head. The injury can range from mild to severe and can disrupt the way the brain normally works.

A concussion cannot be seen, but the symptoms may be noticed right away. It is best to see a healthcare professional if you think you might have had a concussion.

Signs and symptoms of a concussion

  • Nausea
  • Dizziness or balance problems
  • Double or fuzzy vision
  • Sensitive to light or noise
  • Headache
  • Feeling sluggish or tired
  • Feeling foggy or groggy
  • Confusion
  • Trouble concentrating
  • Trouble remembering
  • What to do if you suspect of a concussion

  • Tell your coach or teammate
  • Ask to be taken out of the game
  • Pay attention to physical changes
  • Be aware of change in thinking patterns
  • Rest
  • To read more about concussions and brain injury awareness, click here


    Parents, Teams Scoop Up New Concussion Helmets

    Brain injury awareness has risen since the high profile case of Patriots, Ted Johnson and with football season on the brink of commencing, there is a need for safer preventative gear on the field. New football helmets on the market are the hope of football players of all ages. From Pop Warner to NFL players, these helmets are the newest and safest way to play the game.

    Read more »


    New Booklet Helps Families Navigate System After TBI

    Attorney Frank Toral has written a booklet called “My Child Has a Brain Injury: what do I do now?” The booklet is a concisely written and is clearly well thought our, and is designed to help parents, family members and caregivers navigate the confusing maze that is intertwined in healthcare, insurance and legal issues.

    Toral is managing partner at Toral & Associates Attorneys at Law, a firm that is committed to serving family members and survivors of brain injury. The booklet grew out of his experiences working on brain injury. We want to let them know about resources and to consider long term needs,” Toral told the Voice during a recent interview at his Ft. Lauderdale office.

    Read more »


    Toral Garcia Battista reach $1.75 million settlement for victim of acid attack

    The following article is a noteworthy case that our firm has successfully resolved, but in no way represents all results obtained by our firm. This information has not been reviewed or approved by The Florida Bar. You should know that the facts and circumstances of your case may differ from the matter in which results have been provided. The following results are not necessarily representative of results obtained by our firm. Every case is different and each client’s case must be evaluated and handled on its own merits.

    Read more »


    Recognizing a Child’s Early TBI Later in the Classroom

    Video adopted from the Brainline.org. Click here for full article


    2011 Players Chamionship Birdies for Charity Program

    2011 Players Chamionship Birdies for Charity Program

    February 2, 2011

    We are pleased to be participating in the 2011 PLAYERS Championship Birdies for Charity program. This unique, community-based fundraising initiative is held in conjunction with THE PLAYERS Championship at TPC Sawgrass, May 9-15, 2011.

    If you visit www.birdiesforcharity.playerschampionship.com, you will have the opportunity to make a donation to Mothers Against Brain Injury, Inc. AND to become eligible to win a fabulous grand prize. Upon making your donation, you will be asked to guess the total number of birdies that will be made during the competition rounds of the tournament. The individual making the correct or closest guess will win A Trip for Two to the 2011 Presidents Cup in Melbourne, Australia!

    Deadline for all entries is Wednesday, May 11.

    We hope you will take this opportunity to support Mothers Against Brain Injury and THE PLAYERS by visiting www.birdiesforcharity.playerschampionship.com. Donations can be made online with a credit card. Instructions on how to donate via check or cash can be found at the Birdies for Charity website. All monies raised in our name under this program go directly to support our organization.

    Thanks very much!

    Sincerely,

    Tracy Porter

    Executive Director

    Mothers Against Brain Injury, Inc.


    Video- Second Concussions

    Dr. Anne McKee Director of Brain Bank, Bedford VA Medical Center explains that the “second concussion” may have more consequences than the first and it may have to do with brain development.

    adopted from brainline.org


    Preventing Falls in the Elderly

    Falls are usually caused by a number of things and most falls can be prevented. There are many fall hazards that can be found in the common household and you can reduce the chances of falls by following these simple guidelines:

    1. Begin a regular exercise program

    • Lack of exercise is often correlated to weakness and increase the chances of falling. When someone maintains a regular exercise regimen, they will gain strength and feel better. It’s also important to not exercise too rigorously. Yoga, Pilates, and Tai Chi are designed to improve balance and coordination. It’s important that any exercise program be approved by a doctor or other professional health care worker.

    2. Make your home safer

    Reduce household hazards that can contribute to slipping and falling, such as:

    • Clutter- remove anything that can be easily tripped over from stairs and high traffic areas and keep everything organized.

    • Cables- make sure all cables and extension cords are not exposed

    • Bathrooms- have a grab-bar installed in the bathroom as well as non-slip mats.

    • Lighting- make sure the lighting in the home and outdoors is bright especially in the hallways and stairways. Also, make sure to install nightlights for middle of the night trips.

    3. Have periodic medical checks

    • Vision- Poor vision can increase your chances of falling. Have your prescription for your glasses checked as a medical condition such as glaucoma or cataracts are common in the elderly.

    • Medicine- Some medications or a combination of them can react with your body differently as time progresses. This may cause you to become drowsy and increase your chances of falling.


    Meet our Staff- Alejandro Garcia

    Alex is our Managing Partner and has been with Toral Garcia Battista for over 9 years. Growing up, Alex was an army brat and lived on 3 continents and visited over 30 countries before he was 18 and is always looking for a new and exotic location for travel. He loves most activities that get him outdoors and is always looking for the opportunity to go hiking, camping, and snow skiing. If he’s not around you can probably find him doing amateur stained glass at the studio, or just spending quality time with his family.

    When asked about his role at Toral Garcia Battista, Alex responds: “I take a lot of pride in the place that I work, and the relationships I build with our clients and my work colleagues. At the end of the day, I try to build relationships that transcend the work-place”

    To see full bio click here


    Working with a spouse after injury

    Marriage specialists discusses issues in families after TBI.