This section of the site is home to an ongoing blog written by David Kracke, an attorney with Nichols and Associates in Portland, OR. David has a broad range of experience working with TBI-related laws in Oregon and is a board member for the Oregon Concussion Awareness and Management Program (OCAMP).
Currently, there’s a movement in Oregon toward establishing formal Return-to-Learn policies and procedures. As we move closer to establishing these regulations, questions arise about our future
direction: where do we want to go and how do we want to get there. It’s an exciting time! We’re now embarking on creating policies that will become part of the fabric of Oregon’s education system. Read full column.
Youth Sports Concussion Act
On May 24, 2016, the House Energy and Commerce Committee, Subcommittee on Commerce, Manufacturing and Trade held a hearing on H.R. 4460, the Youth Sports Concussion Act. The Act aims to identify deceptive claims made by manufactures of sports-related products with respect to the safety benefits of these products. Read full column.
Medical Research: Hope and Caution
There is a certain “treasure hunt” aspect to medical research. Nowhere is that treasure hunt more apparent than in the quest to identify and treat traumatic brain injuries. I will address one of those treasure hunts here. Read full column.
Limiting Head Impacts in Young Athletes
In my opinion:
The research group responsible for some of the most important brain injury research informing our national debate surrounding brain injuries in NFL players recently published an important study about young athletes. This study suggests that sub-concussive hits to the heads of ten to twelve year old football players could significantly contribute to future cognitive problems for those players. From my legal perch, this research poses important questions with regard to young athletes. If full-contact head impacts might contribute significantly to future cognitive impairments, should we act now to prevent, or at least minimize, those impacts among our young football players? Read full column.
Concussion in the Classroom
The Individuals with Disabilities Education Act (IDEA) ensures that students with disabilities are provided with a free appropriate public education (FAPE) tailored to each student’s individual needs. Unfortunately, disputes about what is appropriate occasionally arise between a student (or a student’s parents) and the school district. Read full column.
Concussion Prevention: A Statewide Effort
I have been asked to explain the most important aspect of my practice. In reality, two areas are of the greatest importance. First, I need to represent my clients with a firm understanding of why I am involved and a willingness to fight for their rights. But I find another aspect of what I do equally important: traumatic brain injury (TBI) prevention. Read full column.
I am honored to write what will be a monthly column on the legal issues surrounding concussion awareness and traumatic brain injuries in the State of Oregon and elsewhere. Last year I was elected to OCAMP’s Board of Directors and it is my hope that this column will help the readers understand legal issues in a way that demystifies them when necessary and provides insight into emerging legal trends where applicable. The law is an ever-evolving construct, as evidenced by Oregon’s lead in the area of concussion awareness and concussion legislation. We are recognized as a state where innovation meets policy leading to increased education for our citizens and, as a result, increased safety for all of us. Read full column.
The Lawyer's Desk: A Look at TBI Legal Representation
BIAOR, Headliner, Spring 2015