Visions of white clapboard houses with bright red barns have been a staple of Americans’ visions of farming for centuries. The farmer diligently working in his fields to produce food and material for the nation’s bread basket was a worthy subject of photos, paintings and stories throughout the last couple of centuries in America.

The tales of our country’s founding speak of equality and of simple beginnings. The truth is, though, our country was founded by big business farmers who, for the time, were operating large production farms.

In short order, at least in terms of the birthing of a nation, small farms and family farming became a way of life and worthy value. As always, the pendulum swings and big business got back into “family farming” with a vengeance. This has been followed by significant environmental impacts and exposure to humans of some very dangerous byproducts.

In the 1970’s “CAFOs” began springing up in rural America and even in some suburban areas. The term CAFO stands for: concentrated animal feeding operations. These operations are intended to be low cost, high production methods for raising animals and profiting from the manufacturing of animals: milk, eggs, and meat.

Some CAFOs are vertical integration operations and control every aspect of production. Others use poorly trained and ill equipped people to raise the animals for the larger processing CAFOs.

If you have a CAFO near you, it is likely to be obvious. The smells and cacophony of sounds made by very large populations of animals in very small spaces is obvious. These operations take animal excrement and concentrate it for later use or sale as fertilizer. So, often, in addition to the normal excrement byproduct, large amounts of “stored” excrement can be found piled on the ground at these operations. In addition, piles of animal carcasses awaiting hauling and disposal can often be found on the land of these CAFOs.

Farms produce waste and release chemicals into the environment; it is simply unavoidable. But, in traditional farming those materials are generally released in small amounts and across larger areas. In concentrated animal feeding operations (CAFA), the chemicals and other toxins are released in higher quantities and in much, much smaller areas. The potpourri of dangers include:

• Toxic microbes; including pfiesteria piscicida. Blamed for algae blooms in water and suspected of causing serious human illnesses, including: memory loss, headaches, rashes, upper respiratory irritations, muscle complications and gastrointestinal complaints.
• Toxic chemicals; including high concentrations of pesticides
• Antibiotic resistant bacteria; including MRSA (methicillin-resistant Staphylococcus aureus)
• E-coli
• Salmonella
• Trace elements; including arsenic and copper harmful to human health
• Flies
• Gases from decomposing feces; including
• Urine

In addition to the impact on humans, the environment is impacted adversely:

• Deforestation for animal feed production
• Unsustainable pressure on land for production of high-protein/high-energy animal feed
• Pesticide, herbicide and fertilizer manufacture and use for feed production
• Unsustainable use of water for feed-crops, including groundwater extraction
• Pollution of soil, water and air by nitrogen and phosphorus from fertiliser used for feed-crops and from manure
• Land degradation (reduced fertility, soil compaction, increased salinity, desertification)
• Loss of biodiversity due to eutrophication, acidification, pesticides and herbicides
• Worldwide reduction of genetic diversity of livestock and loss of traditional breeds
• Species extinctions due to livestock-related habitat destruction (especially feed-cropping)

Finally, but perhaps more terrible, is the impact on the animals who are subjects of the mass incarceration for these CAFAs:

• Close confinement systems (cages, crates) or lifetime confinement in indoor sheds
• Discomfort and injuries caused by inappropriate flooring and housing
• Restriction or prevention of normal exercise and most of natural foraging or exploratory behavior
• Restriction or prevention of natural maternal nesting behavior
• Lack of daylight or fresh air and poor air quality in animal sheds
• Social stress and injuries caused by overcrowding
• Health problems caused by extreme selective breeding and management for fast growth and high productivity
• Reduced lifetime (longevity) of breeding animals (dairy cows, breeding sows)
• Fast-spreading infections encouraged by crowding and stress in intensive conditions
• Male chicks, which are too scrawny for meat and incapable of laying eggs, may be liquidated as inventory

The Environmental Protection Agency passed new regulations in 2008 to update exiting law in existence in 2003. In addition, there are regulations under the National Pollutant Discharge Elimination System (NPDES) portions of EPA Guidelines. Local zoning ordinances, health regulations, and Nuisance laws apply to these mass animal manufacturing operations. These laws are not well enforced and typically are only responsive to complaints filed against specific operations.

Sadly, little actual laws are applied on the federal level to protect animals victimized for the sake of profit. In addition less than half of the states in the US have any laws protecting the welfare of “farming animals”. Although modest progress has been made in protecting domestic pets from abuse and torture, farm animals remain largely unprotected victims.

I am familiar with Shakespeare’s quote from Henry VI, “The first thing we must do is kill all the lawyers.”  Although, one should note, the quote is often used to malign attorneys when Shakespeare actually meant it as a compliment – the characters in his play were planning a revolution and the lawyers would be the ones who might stand in the way.

The surest way to chaos in society is to silence those who protect independent thinking and the rights of the citizenry.  Apparently in Florida, the second surest way to chaos is the destruction of the educational system.

Following the vote of the Florida legislature to eliminate tenure for teachers in the state, I started wondering when it was that the education system and educators became the first sacrificial lambs for the current Florida Legislature’s ill-conceived plan to solve the budget issues by destroying the education system, gutting the legal system, busting unions and fighting health care for all.

For all of those who believe that teachers are a group of overpaid, lazy, unmotivated, overprotected, lacking-in-innovation people who don’t care about the children in their care, the education they provide or the progression of their students, I have just one thing to say to you:  You have never been a teacher.

The teaching profession is a hard one to choose as a career.  Florida’s teachers are among the lowest paid in the entire country.  The population of students encompasses huge pockets of abject poverty, large groups of immigrants with little or no knowledge of the English language, transient students living in unstable households and a significant percentage of parents and guardians who do not support the education system or the teachers and administrators who are a part of it.

Florida’s teachers spend more time, on a daily basis, with their students, especially during the elementary years, than most parents do.  Their job, when done right, is vital and provides the foundation for future learning, for the developing the logical thinking and character and the understanding of consequences. Does it make sense to further devalue the importance of what they do by eliminating job security?

Tenure doesn’t prevent school districts from firing teachers who don’t do their jobs, don’t care about education or their students or don’t follow the rules.  Every state provides the means to do exactly that.

Many, many things have changed since I was a K-12 student.  What hasn’t changed is the devotion and dedication it takes to be a teacher who makes a profound and lasting impact upon a student’s life.  I remember every teacher by name who took the time to care about my education, the development of my character and my progression into the adult world.  Those teachers cared because society cared about them and understood the importance of their role in the education and development of the children in their care.  Those teachers cared because parents understood the importance of supporting their efforts.  Those teachers cared because the legislatures in the states in which they worked voted to support their salaries, their retirement benefits, their rights to be treated fairly and equitably and provided them with some sense of job security through the tenure system.

The devaluing of our educational system and the corresponding devaluing of our children may have been well summed up by Rep. Scott Randolph (D-Orlando):

“It’s amazing to me that the members in this chamber see no harm in paying those to whom they entrust the minds of their children a smaller wage than is paid to those to whom they entrust the plumbing care of their toilets.”

Imagine you are in an automobile accident that was not your fault. Tragically, you are severely injured.

Imagine you will require at least 6 to 8 months of surgeries and intensive rehabilitation before you have any hope of returning to work. Imagine that your injuries are permanent; the doctors can improve them, but you will have to live with some level of pain and discomfort for the rest of your life. You will have to spend at least an additional 6 to 8 months in job retraining, since you can no longer work in your job as a carpenter. Your spouse will need to find a job and you will now incur child care expenses at least until you can return to a full time work schedule.

You will lose approximately $50,000 in wages and incur roughly $150,000 in medical expenses. You have personal injury protection insurance in the standard amount of $10,000, but no health insurance.

What can you do to stem your losses – even putting aside the lifetime of pain?

You decide that hiring an attorney is a good idea. A lawyer can handle the sometimes complex legal and processing issues involved in insurance claims and dealing with creditors; while trying to pursue legal remedies against the person who injured you.

What if you had to pay all the expenses of the attorney on a monthly basis? What if you had to pay the lawyer’s fees each month? From where is that money coming? How will you pay $200, $300, $600 per hour for a lawyer and pay all those expenses involved in pursuing your claims?

Most companies or workers get paid whether they are successful or unsuccessful. Let’s face it, the CEO failure rate is pretty high and creative accounting is not always enough to carry the day for CEO’s and their Board of Directors. Although they may get fired, those people and companies get paid even when they fail.

Trial lawyers, however, usually get paid only if they ARE successful.

Enter the mantras: “No Fee Guarantee” – “You Owe Nothing Unless We Win Your Case” – “You Owe No Fee Unless We Get You Money” – and so on and so on.

What these sloganeers mean is they represent clients under contingent fee contracts. The attorney agrees that he or she will not receive a fee except as a percentage of the ultimate collection the client makes. In addition, the lawyer or law firm usually agrees to carry all the expenses associated with prosecuting the client’s claims.

Our firm mostly represents clients under a contingent fee type of contract; just as most lawyers in Florida do who handle personal injury types of cases. We also front the costs incurred on behalf of our clients and carry those costs, interest free, during the entire time it takes to pursue our client’s claims. It is only when we are ultimately successful in collecting monies for our client that we are paid our fees and reimbursed our costs.

Why do we represent clients under a contingency fee contract?

Our clients would never be able to get to the courthouse steps if they could not hire lawyers who would wait to be paid their fees and costs. Courts are clogged with corporate litigation, foreclosures and criminal cases. Insurance companies understand the value to their bottom lines for the slowest possible payment of money. Some cases can take years and hundreds of thousands of dollars in costs to ultimately win for our clients.

Imagine if our clients, already battling injury and financial crisis, had to receive a bill every month from their attorneys?

Imagine that a victim of someone else’s negligence was required to pay thousands of dollars in attorneys fees and costs each year simply to collect money for injuries caused by someone else or by a Super conglomerate?

That is the primary reason that contingency fee agreements were adopted by lawyers and embraced by people in tough spots who would otherwise be at the whim of insurance companies or corporate moguls.

So, any lawyer can handle a case under a contingency fee/cost agreement, right? Not necessarily.

Optimally, what a wronged person needs in a lawyer or law firm with the financial strength to be able to stand toe-to-toe with insurance companies and corporations who have big wallets and can out spend most plaintiffs. A client needs a lawyer who will not be motivated to settle their case for less than its fair value simply because the expenses are becoming significant.

In addition to financial strength, what should you look for in an attorney to represent you?

• A track history of success. Its no different than anything else, you want someone who has “been there and done it” – successfully.
• Experience handling cases in the courtroom. You want a trial lawyer for whom insurance companies and corporations have a healthy amount of respect for their ability.
• A team capable of supporting the lawyer in their handling of the type of case you have. The attorney is only a part of the equation for being able to efficiently handle complex cases.
• Board certifications, awards of recognition, and honors for superior accomplishments in the law. These demonstrate acknowledgment of the attorneys ability by groups who have no ulterior motive for giving the recognition.
• A lawyer with good educational background. Quality schools still mean something. Attorneys who were successful in making it through the law schools with reputations for being challenging are accustomed to the fight.

A client needs a lawyer or law firm with the strength to stand up for the client and level the playing field with the largest corporate behemoths.

The Food & Drug Administration issued a press release on March 4, 2011 to alert expectant mothers to complications of taking Topamax. The FDA indicates that a higher than acceptable number of infants were born with a condition called cleft lip and palate; when the mothers were taking Topamax (Topiramate).

Topamax, also known as Topiramate, was originally approved by the Food & Drug Administration for the treatment of seizures in epileptic patients. The drug has also been prescribed as treatment for migraine headaches alcoholism and weight loss.

The FDA has set forth the following information for patients:

• I f you take topiramate during pregnancy, there is a higher risk that your baby will develop a cleft lip and/or cleft palate. Oral clefts happen early in pregnancy, before many women even know they are pregnant. For this reason, women of childbearing age should talk to their healthcare professionals about other treatment options.
• Women of childbearing age who do decide to take topiramate and are not planning a pregnancy should use effective birth control (contraception) while taking topiramate. Women should talk to their healthcare professionals about the best kind of birth control to use while taking topiramate.
• Before you start topiramate, you should tell your healthcare professional if you are pregnant or are planning to become pregnant. Healthcare professionals may discuss other treatment options with you.
• You should tell your healthcare professional right away if you become pregnant while taking topiramate. You and your healthcare provider should decide if you will continue to take topiramate while you are pregnant.
• Topiramate should not be stopped without talking to a healthcare professional, even in pregnant women. Stopping topiramate suddenly can cause serious problems. Not treating epilepsy during pregnancy can be harmful to women and their developing babies.
• If you become pregnant while taking topiramate, you should talk to your healthcare professional about registering with the North American Antiepileptic Drug Pregnancy Registry. You can enroll in this registry by calling 1-888-233-2334. The purpose of this registry is to collect additional information about the safety of antiepileptic drugs during pregnancy. Information about the North American Drug Pregnancy Registry can be found at http://www.massgeneral.org/aed/.
• Topiramate passes into breast milk, but its effects on developing babies remain unknown. You should talk to your healthcare professional about the best way to feed your baby if you take topiramate.
• You should report any side effects you experience to the FDA MedWatch program using the information in the “Contact Us” box at the bottom of the page.
• You should read the Medication Guide when picking up a prescription for topiramate. It will help you understand the potential risks and benefits of this medication.

The incidence of oral clefts in children of mothers taking Topiramate has been significantly higher than that of children born to mothers not taking the drug.

Legislation to Permit Insurance Companies to Act in Bad Faith

What is “bad faith”? An insurance company has an obligation to deal fairly with their policyholders – they must deal in good faith. If an insurance company acts in its own best interests and not in its insured’s best interests, it is acting in bad faith under the insurance contract for which the insured paid for protection.

For example, you own a business and during the course of your business activities someone is injured. You are sued and the case involves unfortunate and very serious injuries. You, as the business owner, have policy limits of $100,000. It is very clear that the amount of coverage will not protect you for the total value of the injured person’s injuries. You are understandably concerned that your business assets and livelihood could be threatened.

You have paid a premium and, in exchange for that premium, the insurance company has promised to protect you and your business from claims up to the amount of coverage. Under current laws, your insurance company has a “good faith” obligation to try and settle the claim for up to the total amount of your coverage and to secure a release that would protect you from any further exposure.

It is in the best interests of the insurance company not to pay that $100,000 until it is absolutely necessary or, they hope, not at all. Paying the $100,000 means money out of the insurance company’s coffers and, as importantly, less money they can invest to produce more profit. The problem is the insurance company is risking an exposure to you, your business and your family that far exceeds the policy limits.

Currently, if the insurance company drags its feet and fails or refuses to timely settle the claim against your small business, they may be guilty of bad faith and could be obligated to pay ANY ultimate judgments rendered against you and your business.

A bill introduced in the Senate by Senator Jon Thrasher and in the House by Rep. Dennis Baxley would eliminate the penalty for your insurance company’s failure to fulfill their obligations to you under the insurance contract. The bills, SB 1592 and HB 1187, are virtually identical and provide a complete rewrite of “the grounds for bringing an action based on the insurer’s failure to accept an offer to settle within policy limits.”

The bill, however, is weighted in favor of insurance companies and essentially eliminates any practical ability for an insured to prove an insurer acted in bad faith or that an insurance company has demonstrated a practice of denying payment on all claims by giving special protections to insurance companies:

With respect to “a first-party claim, the insurer does not owe a fiduciary duty to the insured and retains the right to protect materials covered by the work-product privilege found within the claim processing file.”

In other words, the insurance company owes their insured nothing and you, the insured, are not permitted to look in the insurance company file to determine whether they treated you fairly.

With respect to “a third-party claim, until a claim or action for payment on a policy of insurance is final, all files of an insurer, including papers, communications, investigatory reports, or other documents in the insurer’s files are the insurer’s work product and immune from production or discovery.”

In other words, if the insurance company acted in bad faith, no one is ever going to know that because the insurance company files are secret and protected from discovery.

If it is believed the insurance company has adopted a policy of denying claims the bill makes it nearly impossible for most small business owners or individuals to pursue damages for that wrongful conduct by providing that:

“Any person who pursues a claim under this subsection must post in advance the costs of discovery. Such costs shall be awarded to the authorized insurer if punitive damages are not awarded to the plaintiff.”

In other words, you can not sue your insurance company to punish them for wrongly denying your claim, even if you can prove they do it with everyone as a regular business practice unless you, the insured, can afford to post the costs covering discovery of these bad deeds by the insurance company – up front and before you can sue the insurance company.

The legislation also seeks to abolish long standing case law establishing damages for bad faith conduct by insurance companies:

“The civil remedies specified in this section are the sole remedies and causes of action for extracontractual (sic) damages for bad-faith failure to settle under an insurance contract. Any related common-law causes of action are replaced and superseded by this section. The provisions of this section apply to all cases brought pursuant to this section unless specifically controlled by s. 766.1185.” (emphasis added)

The net effect?

This is a bill to provide insurance companies safe harbor for bad conduct.

It is intended to protect insurance companies and not citizens, whether individuals or small business owners.

What could possibly motivate anyone to want to see this legislation passed, let alone proposed?

The Food & Drug Administration issued a Notice and Recommended Action letter to all denture adhesive manufacturers on February 23, 2011.

A simple product like denture cream. Easy to use. Nothing complicated about denture cream, right?

Wrong and it should not have been of any surprise to denture cream manufacturers who included zinc in their formulations. The FDA notice to manufacturers is to alert them to important issues they already know about, but have failed to warn about:

Factors that may contribute to adverse events include:

1) The package labeling may not list zinc as an ingredient.

2) Users may not be aware that overexposure to zinc may lead to zinc toxicity, which may result in adverse health effects.

3) Users may continue to use these products even after experiencing adverse events because they may not associate the adverse events with the use of denture adhesives. This may  occur because adverse events may not manifest themselves for months to years while using the product and consumers may assume such events are caused by something other than the denture adhesive.

4) Users may not know how to use the product properly, resulting in an adverse event. For example, users may not be able to understand the instructions for use of the product due to confusing and potentially misleading labeling. Until recently, denture adhesive labels did not give warnings or definitions of overuse.

Humans need zinc in our diets, but it has long been known that too much zinc can result in a condition called zinc toxicity. Zic toxicity can be deadly to humans if the accumulation in the body is large enough. The symptoms most associated with zinc toxicity include:

Loss of feeling in the extremities, such as fingers, hands, toes, or feet

• Difficulty walking
• Fatigue
• Edema
• Hair loss
• Anorexia
• Diarrhea
• Lack of balance and general instability
• Sudden or long lasting pain
• Weakness in the muscles
• Skin sores
• Difficulty moving arms, legs, or hand
• Numbness
• Slowed growth
• Dermatitis
• Paralysis
• Anemia
• Paleness
• Bone marrow failure

If you use denture adhesives, carefully read the ingredients and the warnings contained on the package.

If you use denture creams that contain zinc, inquire with your physician about the advisability of continued use.

If you develop any of the above symptoms, immediately seek the advice of your physician.