Concussion Litigation: What Neuroscience Tells Us About Brain Injuries

Michael Flomenhaft | The Flomenhaft Law Firm

Michael Flomenhaft is a graduate of Boston University School of Law and the Trial Lawyers College. He also received his master’s degree in British and American Literature from Hofstra University. The vast majority of his practice involves trying cases for victims of traumatic brain injury (TBI) and severe chronic pain. He has tried traumatic brain injury and chronic pain cases throughout the United States. His chronic pain cases frequently involve Complex Regional Pain Syndrome (CRPS)/Reflex Sympathetic Dystrophy (RSD) or other traumatically caused changes in the nervous system producing agonizing, unrelenting pain and potentially adverse brain consequences.

He is renowned for his vast knowledge of neurosciences encompassing neuroimaging, neuropsychology, neurobiology and the neuroanatomy of brain trauma and chronic pain and trial skills related to these subjects. He is also distinguished for his knowledge in spinal neurology, the psychologically fragmenting consequences of trauma including Post Traumatic Stress Syndrome (PTSD), and the evidentiary challenges entailed in the courtroom presentation of these claims.

Many of Mr. Flomenhaft’s major awards have been for clients whose brain injury was either unrecognized or initially medically minimized. These awards include cases in which there has often been no loss of consciousness, no emergency room diagnosis of brain injury, and no prior imaging proof that brain trauma has occurred. In addition to having tried brain injury and chronic pain cases throughout the United States, he is frequently retained by New York attorneys to take over trial of their brain injury or severe chronic pain cases already in progress.

Mr. Flomenhaft has won landmark evidentiary rulings from New York state courts establishing the scientific validity of Diffusion Tensor Imaging (DTI), which shows white matter/axonal brain damage not infrequently seen in victims of motor vehicle whiplash and construction accidents, Quantitative Electroencephalography (qEEG), which can profile deterioration in the brain’s electrical activity following traumatic brain injury, and Functional Magnetic Resonance Imaging (fMRI), showing brain changes demonstrating severe pain. Additionally, he is the first New York lawyer to put into evidence: diffusion tensor imaging, quantitative MRI analysis showing brain atrophy, electrical evidence of sleep disturbance as a consequence of traumatic brain injury, and fMRI to objectively demonstrate severe chronic pain by showing associated brain activation.

Bruce H. Stern | Stark & Stark, PC

Bruce H. Stern is an expert Civil Trial Attorney as certified by the Supreme Court of New Jersey. He is also a member of the firm’s Accident & Personal Injury practice.

Mr. Stern specializes his practice in representing the victims of traumatic brain and spinal cord injuries and wrongful death. In July 2004, Bruce began publishing the Traumatic Brain Injury Law Blog as a way to share his knowledge as a brain injury lawyer. Additionally, he is the author of numerous articles and a frequent lecturer on the subject of traumatic brain injury litigation, evidence and trial techniques. He also co-authored a book entitled “Litigating Brain Injuries” published by Thomson Reuters and a chapter entitled “Brain Injuries” which is included in AAJ’s Litigation Tort Case Series, published by AAJ Press. Bruce is the Treasurer of the North American Brain Injury Society and the past Treasurer of the International Brain Injury Association.

Bruce served as the President of the American Association for Justice (AAJ) from 2019-2020. He has been a member of the AAJ since 1982.

He is a member of the AAJ Executive Committee and the National Board of Governors. He is a past chair of the Traumatic Brain Injury Litigation Group and a past chair of AAJ’s Motor Vehicle Collision, Highway and Premises Section. Bruce is a past president of the New Jersey Association for Justice (formerly ATLA-NJ) and recipient of its highest award, the Gold Medal for Distinguished Service.

Additionally, Bruce handles construction incidents and has obtained an Occupational Safety and Health Administration (OSHA) certificate through a 30-hour outreach training program for the construction industry.

Bruce is certified as a Certified Civil Trial Attorney by both the New Jersey Supreme Court and the National Board of Trial Advocacy. He is also a fellow of the International Academy of Trial Lawyers and has been selected a fellow in the International Society of Barristers. Both organizations are highly selective and have rigorous standards for membership.

Certified by the Supreme Court of New Jersey as a Civil Trial Attorney.

Session I – The Hidden Severity of Concussions: Uncovering their Lasting Impact in Litigation | 2:00pm – 3:00pm

• What makes a concussion potentially life changing
• Pitfalls and insights regarding brain imaging
• Life changes to be alerted to indicate a more persistent and disabling traumatic brain injury
• The types of assessments that are important in proving this injury
• The various defense challenges to proving this case

Break | 3:00pm – 3:10pm

Session II – Litigating Complex Concussion Claims: Leveraging Neuro-Evidence for Maximum Recovery | 3:10pm – 4:10pm

• Effective collaboration with neurologists, neuropsychologists and forensic experts
• Quantifying and presenting long-term damages including vocational and quality-of-life loss
• Persuasive trial themes and demonstrative tools for educating juries on brain injury science
• Causation challenges: Bridging the gap between biomechanical forces and clinical presentation