Catastrophic Brain Impairment: Children, Young Adults and their Families (Rehabilitation Strategies)
Hosted by Thomson, Rogers in collaboration with Toronto Acquired Brain Injury Network
One such event – hosted on September 8, 2011 by Thomson, Rogers Law Firm in collaboration with Toronto ABI Network – focused on issues in the current system affecting the most vulnerable of patients, children age 16 and under.
Regrettably, it is still largely unknown outside the health care community that a catastrophic level of injury sustained at an early age is more debilitating and has much more detrimental consequences on a child’s development than was once thought. Instead, decision-making and policy development are still affected by the myth, “The younger the child at the time of the brain injury, the better his or her outcome will be.” Policy limitations and the inability of the system to facilitate effective rehabilitation for the youngest patients were the main themes for discussion and the focus of most of the event’s presentations.
Darcy R. Merkur, partner at Thomson, Rogers, opened the conference with an analysis of current progress on the definition of catastrophic impairment, specifically the report of the CAT Expert Panel to FSCO (read full report here).
A presentation by David Payne, partner at Thomson, Rogers, focused on pediatric catastrophic impairment and covered definitions in SABS pertaining to CAT, emphasizing that there are no proper guidelines or protocols in place for CAT assessment of children under 16. The current system is based on assessing adults’ functionality and participation in daily activities not appropriate for younger ages, such as housekeeping, driving and working.
Dr. Peter Rumney, currently physician director of the Brain Rehabilitation Team at the Holland Bloorview Kids Rehabilitation Hospital, pointed out that catastrophic injury is a legal and not a medical definition. CAT assessment is an adult tool, not designed to effectively assess children. Dr. Rumney also stressed that recovery is weaker and developmental impact is worse from cognitive and behavioural standpoints in younger children.
Dr. Janine Hay, Ph.D, C.Psych, a clinical neuropsychologist, provided a perspective on effective tools currently being administered to assess the level of injury and some specific measures for children, such as academic achievement.
Another perspective came from neuropsychologist Dr. Carolyn Lemsky, who provided insights into the complications found in adults injured at a young age and the difficulties that arise in assessing their current capabilities.
The “Life Care Plan” (an important report in a pediatric brain injury case because it is often the largest economic component of the claim), was the focus of the next presentation, by Thomson, Rogers partners Stacey Stevens and Craig Brown. They stressed the prominent role a treatment team plays in a patient’s rehabilitation, pointing to the fact that children’s brains are not static, but continue to grow, making future projections and recommendations difficult to make. How can we begin to identify the child’s needs when we cannot be certain what those needs will be or when the need will occur?
More on this issue and future care costs for children and young adults were addressed in a presentation by Martha Binstock, registered physiotherapist, case manager and certified life planner at Rehabilitation Planning Inc. and Dianne Taylor, reg. P.T. and President of Dianne M. Taylor & Associates.
The day culminated with an emotional account of care following brain injury from a patient’s family and the patient herself. Kalika Webb was involved in a motor vehicle accident on March 11, 2005, which left her catastrophically injured. Although initially doctors thought her unlikely to recover, Kalika made outstanding progress, teaching those around her that nothing is unattainable for a motivated patient, provided they have strong backing from their family and access to required therapies and care. Kalika’s mother, Marita Webb, made a motivating, thankful and tearful speech describing the challenging process and colossal demands imposed on a caregiver family, the ongoing sacrifices (i.e. quitting her day job, reorganizing family life, etc.) and the major role the multidisciplinary rehabilitation team has played in her daughter’s recovery progress. She thanked the team of providers and her attorney, Sloan H. Mandel, partner at Thomson, Rogers, stating that Kalika’s healing process would not be possible without their professional expertise, attentiveness, support and care.
The conference concluded with a presentation from a panel consisting of an entire multidisciplinary rehabilitation team of providers, who each spoke about their vital role in an injured child’s recovery.
Thomson, Rogers put forth significant effort to gather an audience of industry professionals as a community and to raise awareness of the most pressing issues in the industry. The event struck a chord among participants, raising concerns and accentuating the need for change.
All proceeds from the conference went to Toronto Acquired Brain Injury Network.
For more information, please visit www.thomsonrogers.com
