Concussion Litigation: What Neuroscience Tells Us About Brain Injuries

Michael Flomenhaft | The Flomenhaft Law Firm

Michael Flomenhaft is a trial attorney at The Flomenhaft Law Firm whose practice is devoted primarily to representing victims of traumatic brain injury (TBI) and severe chronic pain. He has tried cases throughout the United States, frequently involving Complex Regional Pain Syndrome (CRPS), Reflex Sympathetic Dystrophy (RSD), and other neurologically based pain conditions. Known for his deep knowledge of the neurosciences, including neuroimaging, neuropsychology, neurobiology, and neuroanatomy, he brings a highly specialized approach to litigating complex injury claims. He is also recognized for his work addressing the psychological effects of trauma, such as Post-Traumatic Stress Syndrome (PTSD), and the evidentiary challenges associated with presenting these claims in court. His work has helped secure significant outcomes in cases where brain injuries were initially unrecognized or minimized, and he is frequently retained by attorneys to take over trial of complex brain injury and chronic pain cases.

• Education & Credentials

Michael Flomenhaft earned his J.D. from Boston University School of Law and is a graduate of the Trial Lawyers College. He also holds a master’s degree in British and American Literature from Hofstra University, reflecting a multidisciplinary academic background that supports his work in complex litigation.

• Recognition & Leadership

Michael Flomenhaft is recognized for achieving major awards in cases involving traumatic brain injuries that were initially unrecognized or medically minimized, including those without loss of consciousness or early diagnostic confirmation. He is also distinguished for securing landmark evidentiary rulings in New York courts establishing the scientific validity of advanced neuroimaging techniques such as Diffusion Tensor Imaging (DTI), Quantitative Electroencephalography (qEEG), and Functional Magnetic Resonance Imaging (fMRI) in litigation.

• Professional Involvement

Michael Flomenhaft is actively involved in advancing the legal understanding and courtroom use of neuroscientific evidence in traumatic brain injury and chronic pain cases. He is frequently retained by New York attorneys to take over ongoing trials involving complex neurological injuries and contributes to the development of evidentiary standards for emerging medical technologies in litigation.

• Experience

Michael Flomenhaft has extensive experience trying traumatic brain injury and chronic pain cases across the United States, including cases involving CRPS/RSD and other trauma-induced neurological conditions. His work includes litigating claims involving neuroimaging and neurological evidence, as well as addressing the psychological impacts of trauma such as PTSD. He has played a pioneering role in introducing advanced scientific evidence in court, including being the first New York lawyer to admit diffusion tensor imaging, quantitative MRI analysis showing brain atrophy, electrical evidence of sleep disturbance linked to brain injury, and fMRI evidence demonstrating severe chronic pain. His experience also includes taking over complex cases already in progress and securing outcomes in cases where injuries were initially overlooked or underestimated.

Bruce H. Stern | Stark & Stark, PC

Bruce H. Stern is a nationally recognized civil trial attorney and traumatic brain injury litigator at Stark & Stark, PC, where he focuses on representing victims of traumatic brain injuries, spinal cord injuries, construction incidents, and wrongful death matters. Certified as a Civil Trial Attorney by the Supreme Court of New Jersey and the National Board of Trial Advocacy, Bruce has built a distinguished reputation through decades of complex plaintiff-side litigation and leadership within the trial lawyer community. In addition to his active trial practice, he is widely known for his contributions to brain injury litigation scholarship, including publishing the Traumatic Brain Injury Law Blog, co-authoring the book Litigating Brain Injuries, and lecturing extensively on brain injury evidence, trial techniques, and advocacy strategies. Bruce has also served in major leadership roles within national and international legal organizations, including as President of the American Association for Justice from 2019–2020.

• Education & Credentials

Bruce H. Stern is certified as a Civil Trial Attorney by both the Supreme Court of New Jersey and the National Board of Trial Advocacy, reflecting his advanced litigation experience and professional qualifications. He also completed OSHA’s 30-hour outreach training program for the construction industry, strengthening his expertise in construction-related injury litigation. In addition, Bruce is a Fellow of the International Academy of Trial Lawyers and the International Society of Barristers, two highly selective organizations recognizing exceptional trial lawyers.

• Recognition & Leadership

Bruce has held numerous leadership positions throughout his career, most notably serving as President of the American Association for Justice from 2019 to 2020. He is also a member of the AAJ Executive Committee and National Board of Governors, and previously chaired both the Traumatic Brain Injury Litigation Group and AAJ’s Motor Vehicle Collision, Highway and Premises Section. In New Jersey, Bruce served as President of the New Jersey Association for Justice and received the organization’s highest honor, the Gold Medal for Distinguished Service. He additionally serves as Treasurer of the North American Brain Injury Society and is the past Treasurer of the International Brain Injury Association.

• Professional Involvement

Bruce is deeply involved in legal education and professional advocacy related to traumatic brain injury litigation. Since 2004, he has published the Traumatic Brain Injury Law Blog to share insights and developments in the field. He is also a frequent lecturer on traumatic brain injury litigation, evidence, and trial techniques, and has authored numerous articles on these subjects. His contributions to legal scholarship include co-authoring Litigating Brain Injuries and contributing the chapter “Brain Injuries” to the AAJ Litigation Tort Case Series published by AAJ Press.

• Experience

Bruce specializes in representing victims of traumatic brain injuries, spinal cord injuries, wrongful death, and construction-related incidents. Through his practice at Stark & Stark, PC, he has developed extensive experience handling complex injury litigation and advocating for catastrophically injured clients. His work combines advanced trial advocacy with a strong understanding of brain injury medicine, evidentiary issues, and construction safety standards, making him a highly sought-after attorney and speaker in the field of catastrophic injury litigation.

SESSION 1 – The Hidden Severity of Concussions: Their Lasting Impact in Litigation | 2:00pm – 3:00pm

This session explores how concussions can become life-changing traumatic brain injuries, covering imaging pitfalls, warning signs of persistent impairment, essential assessments for proving damages, and common defense challenges in litigating traumatic brain injury cases.

BREAK | 3:00pm – 3:10pm

SESSION 2 – Litigating Complex Concussion Claims: Neuro-Evidence for Recovery | 3:10pm – 4:10pm

This session examines effective collaboration with medical and forensic experts, strategies for proving long-term damages, persuasive trial themes for educating juries on brain injury science, and causation challenges involving biomechanical forces and clinical presentation in traumatic brain injury litigation.