De Caro & Kaplen

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De Caro & Kaplen, LLP
HeadquartersNew York, U.S.
Major practice areasBrain injury, full-service firm
Date founded1982
Company typeLLC
WebsiteOfficial website

De Caro & Kaplen, LLP, is a New York-based law firm founded in 1982. The organization is one of the most prominent law firms in the U.S. to specialize in brain injury cases,[1] including representing the Brain Injury Association of America as amicus counsel in opposition to the NFL brain injury class action settlement.[2][3][4]

History[edit]

The firm was founded by Michael Kaplen[5][6] and Shana De Caro[7] who have published numerous scholarly works on brain injury law.[8][9][10][11] The firm also specializes in legal advocacy concerning vehicle collisions, construction site accidents, and medical malpractice.

Brain Injury Advocacy[edit]

The firm represented the Brain Injury Association of America as Amicus Counsel in opposing the National Football League class action concussion settlement before the Third Circuit, United States Court of Appeals and the United States Supreme Court.[12] In January 2021, firm partner Shana De Caro was elected as chairwoman of the board of directors of the Brain Injury Association of America.[13] De Caro was re-elected for a second term in January 2022.[14]

Brain Injury Identification Card[edit]

In January 2018, the firm launched a free identification card for brain injury survivors.[15] In March 2023, the firm announced that they had processed applications from over 29,000 individuals.[16]

Traumatic Brain Injury Scholarship[edit]

Since 2017, De Caro & Kaplen have awarded an annual scholarship of $1,000[17] to a student who has survived traumatic brain injury, and is pursuing a college education. In 2018, the scholarship was awarded to Baker College student Tiffany Oliverio,[18] who survived a traumatic brain injury suffered in a 2016 car accident in Fenton, Michigan.[19]

In October 2019, the firm announced California art student Fierro Rios as the recipient of their 2019 scholarship award.[20]

In November 2020, the firm announced Coastal Carolina University student Hannah Mead as the recipient of their 2020 scholarship award.[21]

In November 2021, the firm announced Nevada resident Devin Valencia as the recipient of their 2021 scholarship award.[22]

In March 2023, the firm announced Indiana University major Erin Newcomb as the recipient of their 2022 scholarship award.[23]

The Invisible Rain Cloud[edit]

In January 2019,[24] the firm published an animated video titled "The Invisible Rain Cloud"[25] which explains what it is like to live with a brain injury. By the end of January 2019, the video had been viewed over 11,000 times on the firm's YouTube channel.[26]

In July 2019, De Caro & Kaplen, LLP published a follow-up video titled "Living With A Stranger",[27] which focused on a spouse's experience of traumatic brain injury. On July 30, 2019, the video was shared in a Facebook post by the Brain Injury Association of America.[28]

In March 2020, the firm published a third video in the series, which highlighted the impact of traumatic brain injury on children and their families. The video, titled "The Little Bird Who Forgot How To Fly: Caring For A Child With Traumatic Brain Injury", features on the website of The Brain Injury Association of America.[29]

Youth Tackle Football[edit]

In October 2019, Michael Kaplen read a prepared statement to the New York State Assembly's health committee during a public hearing on Assembly Bill A02692.[30] If enacted, the bill would prohibit children twelve years old and younger from playing tackle football in New York State.[31] Kaplen's statement was posted in full on the firm's website.[32] The firm maintains a web page which tracks proposed legislation in youth tackle football across the United States.[33]

Brain Injury in the Military[edit]

The firm has spoken out against President Trump's statements on brain injuries sustained by military personnel in Iraq.[34]

References[edit]

  1. ^ Belson, Ken (21 August 2015). "Concussion Deal Is Challenged in Court as Insufficient". The New York Times.
  2. ^ "Federal judge nixes preliminary approval of $765M NFL concussion settlement".
  3. ^ "Same Play, Different Day".
  4. ^ "Helping Victims of Brain Injury".
  5. ^ Belson, Ken (14 April 2014). "Concussion Cases Inspire New Course at George Washington's Law School". The New York Times.
  6. ^ "Michael Kaplen".
  7. ^ "Shana De Caro".
  8. ^ ""Current Issues in Neurolaw" Traumatic Brain Injury: Defining Best Practice, Psychiatric Clinics of North America". Psychiatric Clinics of North America. 33 (4). 2010.
  9. ^ ""Concussion Settlement is Deeply Flawed"". National Law Journal. 2014.
  10. ^ ""Proving a Brain Injury Case Caused by Whiplash"". Journal of the Maryland Association for Justice, Inc. 2016.
  11. ^ ""Proving a Brain Injury Case Caused by Whiplash"". "Traumatic Brain Injury: Detecting, Defining, Litigating" Outside Counsel Column. 2011.
  12. ^ "Brief For Amicus Curiae Brain Injury Association Of America In Support Of Armstrong Objector's Petition For Writ Of Certiorari" (PDF). Supreme Court of the United States. Retrieved 2020-04-13.
  13. ^ "Brain Injury Attorney Shana De Caro Elected Chairwoman Brain Injury Association of America". WFMJ. Retrieved 2021-01-24.
  14. ^ "Shana De Caro Profile". Brain Injury Association of America. Retrieved 2021-01-24.
  15. ^ "Brain Injury Identification Card - De Caro & Kaplen, LLP". De Caro & Kaplen, LLP. Retrieved 2018-05-23.
  16. ^ "New York Law Firm Continues To See High Demand For Brain Injury Identification Card". CBS42. 2023-03-28. Retrieved 2023-03-28.
  17. ^ "Traumatic Brain Injury Annual Scholarship Fund". De Caro & Kaplen, LLP. Retrieved 2018-11-21.
  18. ^ "Brain Injury Law Firm, De Caro & Kaplen LLP Announce 2018 Traumatic Brain Injury Scholarship Winner". EIN Presswire. 2018-10-03. Retrieved 2018-11-21.
  19. ^ Editor, Tri-County Times | Fenton, MI Vera Hogan Web Content. "She's grateful to be alive. Crash victim thanks first responders for saving her life". Tri-County Times. Retrieved 2018-11-21. {{cite news}}: |last= has generic name (help)CS1 maint: multiple names: authors list (link)
  20. ^ "California Student Who Surpassed The Odds Wins Traumatic Brain Injury Scholarship Award". NBC 29. Retrieved 2019-10-22.
  21. ^ "De Caro & Kaplen LLP Announce 2020 Traumatic Brain Injury Scholarship Winner". brainlaw.com. Retrieved 2021-01-24.
  22. ^ "De Caro & Kaplen LLP Announce 2021 Traumatic Brain Injury Scholarship Winner". brainlaw.com. Retrieved 2022-04-07.
  23. ^ "De Caro & Kaplen LLP Announce Traumatic Brain Injury Scholarship Winner". brainlaw.com. Retrieved 2023-03-28.
  24. ^ "New Animated Video Explains "What It's Like To Live With A Brain Injury"". EIN Presswire. Retrieved 2019-01-09.
  25. ^ "The Invisible Rain Cloud". De Caro & Kaplen, LLP. Retrieved 2019-01-09.
  26. ^ "The Invisible Rain Cloud: What's It Like To Live With A Traumatic Brain Injury?". De Caro & Kaplen, LLP. Retrieved 2019-02-01.
  27. ^ "Living With a Stranger: My Husband's Brain Injury". De Caro & Kaplen, LLP. Retrieved 2019-10-22.
  28. ^ "Living With a Stranger: My Husband's Brain Injury". Brain Injury Association of America. Retrieved 2019-10-22.
  29. ^ "Children: What to Expect". Brain Injury Association of America. Retrieved 2022-04-07.
  30. ^ "NY lawmakers consider ban on tackle football for children". Chicago Tribune. Retrieved 2019-11-26.
  31. ^ "New York lawmakers will consider ban on tackle football". New York Post. Retrieved 2019-11-26.
  32. ^ "Statement Of Michael V. Kaplen, New York State Assembly Committee On Health, Assembly Bill A02692". De Caro & Kaplen, LLP. Retrieved 2019-11-26.
  33. ^ "Youth Tackle Football—Proposed Legislation". De Caro & Kaplen, LLP. Retrieved 2019-11-26.
  34. ^ "We must not turn our heads from the effects of traumatic brain injuries". The Hill. Retrieved 2020-04-13.
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