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Deborah Knapp

Plastic Surgery — A Frown Turned Upside Down?

Published by Deborah Knapp in Miscellaneous, Uncategorized

According to the American Society for Aesthetic Plastic Surgery, more than 90 percent of women had some type of cosmetic procedure and 1.5 million involved surgery. The most popular procedures included breast augmentation, liposuction, eyelid surgery, rhinoplasty, and abdominoplasty.

Psychologist, Vivian Diller, Ph.D., says that women need to ask themselves several questions before undergoing any type of cosmetic procedure:

“I use the acronym S.A.F.E to help women make good choices regarding cosmetic procedures,” says Diller. “I encourage my clients to think about these four issues, safety, affordability, for whom, and expectations, before undergoing any procedure. I tell them that they need to make sure they feel good about themselves on the inside and not use surgery as a magic wand,” adds Diller. “Use the acronym S.A.F.E. to remember to ask the right questions before you have cosmetic work done on your face or body.”

Of course safety should seem like a no-brainer, but many women are hesitant about doing the most basic research on cosmetic procedures or on the doctors they choose to perform the surgery. Women also forget to find out about the anesthesiologist. They can be the most responsible person that makes sure you stay alive during your procedure.

Dr. Jon LaPook, medical correspondent for CBS Evening News says, “Anesthesiologists are more than just the person who controls pain during the procedure. He or she is responsible for keeping your blood pressure, pulse, and oxygen level at the proper levels and for resuscitating you if something goes wrong.” According to LaPook it is up to the anesthesiologist, not the surgeon, to decide if the surgery is medically cleared.

“There are two main reasons why an anesthesiologist should recommend canceling an elective procedure,” says LaPook. “One would be if the patient is medically too sick to undergo surgery and the risks outweigh the benefits (i.e. the person has out of control diabetes and blood sugar levels are too high), and two, the anesthesiologist feels the procedure is not indicated, but that is rarely the case with cosmetic surgeries,” comments LaPook. “When everybody else, surgeon included, are swept up in a decision to do a procedure that’s not in the best interest of the patient, the anesthesiologist represents one last chance for somebody to speak up and say, ‘not on my watch.’ It would be a nice safety net for the patient.”

Most surgeons are extremely open and thoughtful to answering questions their patients may have, but studies show that many procedures would never be done if all the options, including doing nothing at all, were properly explained. “Think carefully about what you hope to accomplish,” advises psychologist Vivian Diller. “Some women are unrealistic about cosmetic surgery. They are shown before and after pictures that look transforming but lack credibility. Plastic surgery can do marvelous things for those who have realistic expectation, but magic it is not,” warns Diller. “It does not make an older woman young, nor does it necessarily transform a woman’s appearance. The most satisfying surgeries are the ones that make small changes that result in a refreshed and healthier looking appearance.”

Women unfortunately rely on magazine ads, friends, or no information at all when deciding to go ahead with cosmetic surgery, a decision that can have permanent ramifications on their lives. Before undergoing any procedure it is important that you ask the surgeon or dermatologist if they are board certified and if the procedure is FDA approved. You should also list personal questions relating to the procedure, and have the doctor relay the pros and cons of it. Questions may include how long will the benefits last? Will there be pain? Do I need anesthesia? How long is my recovery time and can anything be done to avoid bruising or speeding up the recovery? How many years has the procedure been done?

Cosmetic surgery is a personal decision, and only you, not your friends, not your family, not your doctor, have to live with the results. When it comes to your body, your face, and the aging process, treat it like any other important decision in your life.

Take the time to really get the facts and understand what you are doing before going under the knife.

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Steve Smith

The Insurance Industry War on Justice

Published by Steve Smith in Corporate Fraud, Uncategorized

Did you know that the day you were injured, through the negligence of another, you entered a potential red zone? Did you know that your ability to get treatment and compensation may rely on the competence and honesty of insurance company employees?

The insurance industry has spent billions of dollars over the past 30+ years to spread and foster false and misleading information about injury claims.

The insurance industry needs people to believe that the justice system is out of control.

The insurance industry needs the public to believe that people who file lawsuits are getting millions of dollars for minor injuries.

The insurance industry needs you to believe that there are no checks or balances in the judicial system to guard against the flood of “frivolous” law suits.

This is nothing more than propaganda, canards, untruths …in plainer language, lies. The key to propaganda is to make the message simple; give people “someone” to blame; and repeat the message over and over, again and again.

Propagandists will typically select a single isolated event, (such as the McDonald’s case) to represent the idea that insurance companies and corporations are the real victims. Certain facts will be selected to include in the propaganda, but not all the facts; only enough information to paint just the picture they want the public to see. These repeated messages create the false perception among the public that the system needs fixing. Unfortunately, this “misinformation” spread by the insurance industry has had a noticeable and negative influence on juries and their verdicts.

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Hopkins

Rhino UTV Litigation — The State of Things to Come

Published by John Hopkins in Uncategorized

The Yamaha Rhino UTV litigation continues to progress in federal and state courts. Currently, there are nearly 300 individual lawsuits pending in the federal MDL court in Kentucky as well as approximately 130 cases filed in consolidated state court proceedings in Georgia and 174 cases in California.

All of the cases pending in the federal court system were transferred to Judge Jennifer B. Coffman in February 2009, after the Judicial Panel on Multidistrict Litigation determined that central coordination of the cases would be in the best interest of the court system as well as the parties.

This multi-district litigation (or MDL) process is a common method for dealing with a large number of individual lawsuits pertaining to the same defective product or disaster. Prior to establishment of this MDL (No. 2016), there were 55 individual lawsuits pending before 33 different federal court judges around the country. This diversity of geography and judicial resources proved to be causing significant administrative inefficiencies and permitted the manufacturers multiple opportunities to delay cases and avoid disclosure of critical evidence.

Judge Coffman in Kentucky continues to preside over the federal MDL cases. The first trial in federal court was initially scheduled for October of 2010, but that date has now been postponed to January of 2011. The other 8 federal trials should occur in 2011, after completion of the first trial.

The first trial is part of the MDL “bellwether trial process,” which will allow the judge and the parties to refine a number of generic issues relating to the sufficiency of expert testimony, admissibility of evidence, and resolution of a number of generic legal issues, which will have an impact on all the pending cases. The first cases scheduled for trial were selected from those filed long before 2009. Discovery efforts, including production of documents and the completion of depositions of fact and expert witnesses, continue as well.

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Kathleen Simon

“Vitamin Water” — When water is no longer water.

Published by Kathleen Simon in Miscellaneous, Uncategorized

Vitamin water – sounds healthy, huh?

The drink is sweeping the nation, touting claims of being a healthy beverage. However, how much do we really know about these vitamin drinks?

Coca-Cola is being sued by a non-profit public interest group, the Center for Science in the Public Interest, who alleges that vitamin water labels and advertising are filled with ‘deceptive and unsubstantiated claims.’ Coca-Cola is defending itself by agreeing that vitamin water isn’t a healthy product. They are also arguing that people shouldn’t believe their advertising message that vitamin water is a healthy product because no one could possibly believe such a ridiculous claim.  Glaceau is the company who created and marketed the vitamin water and Coca-Cola bought it in 2007 for about $4.1 billion. Coca-Cola reportedly sells over $350 million a year.

So what are the facts about vitamin water? First, the ingredients are listed by Coca-Cola on a “per serving basis” and a serving amounts to less than half a bottle. Since few are going to drink just half the bottle – multiply everything times two plus.

A bottle of Vitaminwater contains 33 grams of sugar, making it more like a soft drink than water. It also means that, in one consumable you are getting the maximum amount of daily sugar recommended in dietary guidelines. With 35 percent of Americans now morbidly obese and 23.6 million with diabetes, health experts will agree that sugars play a key role in health.

Vitamin waters also contain about 122 calories per bottle compared to 140 calories in a regular soda. So if you are watching your calories, you might want to skip the vitamin water and just drink regular water. Plus you don’t get all the sugar.

The name “vitamin water” is simply misleading for consumers looking for weight-loss remedies or for health benefits from vitamins. Whether Coca-Cola likes it or not, the drink is essentially sugar water and a few water soluble vitamins. Do not expect it to replace your multi-vitamin.

Coca-Cola has spent billions of dollars investing in its vitamin water line and has numerous celebrities endorsing the drink such as basketball stars Kobe Bryant and Lebron James. Rap star 50 Cent endorses the water and also owns 10 percent of the product. He even has a product named after him “formula 50.”  These endorsements only serve to confuse and mislead the public about the health benefits of the drink. The products are also strategically placed on grocery store shelves right by regular bottled waters. So with super stars endorsing the product and billions being spent to convince you that it is a healthy drink, it is important that the truth be told about these expensive, enhanced waters.

So, what is the answer? Drink water – just plain ol’ water. 

Why? Because we ARE water and we need to be regularly replenished with it. Look at the facts:

  • Our bodies: 60 – 70% water
  • Our brains: 80% water
  • Our blood: 90% water
  • Our livers: 97% water

John Robbins, author of “The New Good Life, Diet for A New America,” writes, “Why do we allow companies like Coca-Cola to tell us that drinking a bottle of sugar water with a few added water-soluble vitamins is a legitimate way to meet our nutritional needs?”

If you need some extra flavor in your water, try adding fruit, or honey to a quart of water.  Green tea is also a great alternative with lots of health benefits. “A plant-strong diet with lots of vegetables and fruits will provide you with what you need far more reliably, far more consistently, and far more honestly,” advises Robbins.

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David Gilmore

Post Cancer Remission Maintenance Plan

Published by David Gilmore in Miscellaneous, Uncategorized

According to the National Cancer Institute, cancer survival is at the highest it has been in years, with an estimated 12 million survivors living in the United States. As scientists and doctors find more and more ways to improve treatments and ultimately work closer to a cure for the disease, the number of cancer survivors is expected to grow.

Oncologist, Dr. Keith Block suggests that cancer survivors take a more pro-active approach to their post cancer care and develop a remission maintenance plan that offers cancer survivors a personalized program to control their health, restore vitality and protect against the cancer returning. “Understandably, after hearing that they (the patient) is ‘in remission,’ patients may want to retreat psychologically to a ‘cancer-free’ zone and never think about the disease again,” says Dr. Block. “But this is why they shouldn’t,” adds Dr. Block. “Cancer is as much a microscopic and molecular disease as it is a visible one. Thus, a patient in remission may still harbor malignant cells (ones that were resistant to chemotherapy or radiation). These cells unfortunately have the ability to show up with a vengeance, even when one least suspects.”

(more…)

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Briggs

Quality Medical Treatment — An Exercise in Responsibility

Published by Laurie Briggs in Hospital Infections, Medical Malpractice, Professional Liability, Uncategorized

Following published reports and extensive media coverage regarding egregious behaviors in the medical profession, public awareness of physician and hospital errors has increased. Despite that increased attention, data suggests that the rate of reporting by physicians is lower than it should be.

Physician Tools

In the JAMA July 14 issue, one of the major themes covered was research articles and commentary on the Physician Peer Review process and its effectiveness. The medical peer review is the process by which a committee of physicians examines the work of a peer and determines whether the physician under review has met the accepted standards of care in rendering medical services. This process is put in place specifically to assure physicians that their statements will remain confidential when commenting on the behaviors of their colleagues (many of whom are a physician’s primary referral sources).

An original research study titled “Physicians’ Perceptions, Preparedness for Reporting, and Experiences Related to Impaired and Incompetent Colleagues” found that overall, “…physicians support the professional commitment to report all instances of impaired or incompetent colleagues in their medical practice to a relevant authority; however, when faced with these situations, many do not report.

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Hopkins

Hurricanes — Power and Water

Published by John Hopkins in Miscellaneous, Uncategorized

During our past hurricanes, I found that I could actually get along without power for a few days, but doing without water was not something I could take. When a hurricane hits and we lose power, we in the Farms communities also lose water.

So, when we built our house, I bit the bullet and had a generator installed with a propane tank to run it.

As a result of this very significant investment and the fact that, possibly for one of the few times in my life, I was actually prepared, I gained added confidence that hurricanes would be a thing of the past!

Now, a transfer switch law has gone into effect and many gas stations are now required to have the capability of using a generator to run their pumps. So, we any luck, should a big wind come our way, the gas shortages, which occurred in 2005 will be eased.

Plus, who knows, maybe this added preparedness will help discourage hurricanes away from us.

If Bertha, Chuck or Damon does hit us, gas stations with transfer switches exist and can be found at the Palm Beach Post website:

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Steve Smith

Let’s Give Healthcare Reform a Chance

Published by Steve Smith in Miscellaneous, Uncategorized

Opponents, critics and even some supporters of health care reform continue to speculate on potential glitches in the delivery of health care to the millions of Americans who otherwise would have gone without access to medical care. The latest gloom and doom prediction is that national health care reform will cause longer waits and add to the existing problem of overcrowding in hospital emergency rooms because of a perceived shortage of primary care or family physicians.

Is this true? Why aren’t there enough primary care physicians to go around?

One of the biggest reasons is that fewer and fewer medical students are choosing that field of medicine. “Family doctors” work longer hours for less money than most other specialties. These days, young doctors graduate medical school with $120,000.00 or more in student loans or debt, which makes the higher salaries offered to surgeons and other specialists more appealing. It is especially tempting to go into sub-specialties such as sports medicine that mostly serve the financially secure and well-insured patients.

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Karen Terry

Sleeping to Good Health is Important for Adults, Too

Published by Karen Terry in Miscellaneous, Uncategorized

More and more studies show that adequate sleep is not only important for children, but for adults as well. Not getting enough shut eye decreases concentration, causes weight gain, and increases your chances of depression, schizophrenia, Alzheimer’s disease and stroke. People with sleep abnormalities and disturbances are also more likely to have allergies, ear infections, hearing problems, and social issues such as aggression, anxiety and depression.

As reported by the National Health and Nutrition Examination Survey, a sleep study followed 8,000 adults over several years and tracked the subjects who slept less than seven hours a night. The study found that those who slept less were at greater risk of obesity and weight gain and the risk increased with every hour lost. In another study, it showed that those who slept less than seven hours consumed at least 500 more calories than those who slept seven or more hours. Those who slept less also ate more snacks and carbohydrates. The theory is that as sleep decreases, the body produces more ghrelin, a hormone that stimulates appetite.

Those all nighters we pulled in our college days were not good for us either. It actually hurts our efforts to concentrate and retain information and sleep deprivation impairs memory and judgment. According to Dr. Glenn D. Braunstein, M.D., Chairman of the Department of Medicine at Cedars-Sinai Medical Center, during sleep the brain processes events and experiences during the day. Dr. Braunstein says, “The sleep process helps reinforce the understanding of tasks and content, and strengthens the ability to comprehend and remember experiences.”

Dr. Braunstein has also found that sleep helps the brain organize memories, understand experiences, and integrates information acquired during the day but didn’t have time to process. “It has a tremendous impact on a person’s ability to cope,” comments Dr. Braunstein. “This is especially relevant to the sleep requirements of children and their emotional development.” A Northwestern University study of 500 preschoolers found that children who slept less than 10 hours a day were more likely to misbehave, and were at a greater risk for acting out behavioral problems.

According to Dr. Braunstein, as a general rule, infants need 16 hours of sleep; babies and toddlers need 10-14 hours; children age 3-6 need 10-12 hours; kids age 6-9 need 10 hours; kids age 9-12 need 9 hours; teenagers need about 9 hours; and adults should aim for 7-8 hours. However, Dr. Braunstein says sleep is “as individual as snowflakes,” meaning that you need to sleep as much as our own personal physiologic makeup dictates.

The National Geographic Channel recently aired a special on Fatal Familial Insomnia (FFI). FFI is a deadly form of insomnia that runs in some families. While extremely rare, (there are only 40 families in the world that have the condition), it shows how important sleep is to our well-being. This tragic illness also proves how severe sleep deprivation can be on the human body.

So before you go for a period of time without quality sleep, remember the consequences. You need to let your body recoup and regenerate itself properly to be health and happy.

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Greg Barnhart

Oil Pollution Act of 1990 — Damage Limitations

Published by Greg Barnhart in Environmental Disasters, Mass Torts, Uncategorized

Much has been reported over the last several weeks about the Oil Pollution Act of 1990 (OPA) and how it relates to the Deepwater Horizon oil spill. Discussion has mainly centered on the part of the law that might limit British Petroleum’s (BP) liability to $75 million. U.S. Senators, with the initial support of President Obama have even gone so far as to seek passage of a retroactive bill that would raise the liability cap to $10 billion. Senators on both sides of the aisle have blocked these efforts, showing concern that doing so may prevent smaller companies from operating offshore drilling rigs. Nevertheless, whether Congress is able to raise the level of liability may not matter, as certain provisions are likely to allow claimants to “break the cap.”

Under OPA, BP would be required to pay for all removal costs plus up to $75 million in damages. BP has already spent $1 billion in cleanup costs, and investors believe cleanup will likely total well over $10 billion. If OPA forces BP to pay for the entire cost of cleanup, the question then becomes whether they will be obligated to pay for damages sustained by those who live on the Gulf. The answer, perhaps somewhat surprisingly, is that BP’s actions on and prior to the April 20 explosion may make them liable for damages in excess of the $75 million cap.

In order to break the cap, claimants must show that the incident was proximately caused by,

  • (A) gross negligence or willful misconduct of, or
  • (B) the violation of an applicable Federal safety, construction, or operating regulation by,the responsible party, an agent or employee of the responsible party, or a person acting pursuant to a contractual relationship with the responsible party. See 33 U.S.C. §2704(c).

With news that the Justice Department is opening both civil and criminal investigations and that President Obama has appointed a special commission, including former Florida Sen. Bob Graham and former EPA Administrator William Reilly, it appears as though some in Washington D.C. believe gross negligence or a violation of safety regulations did occur. In his testimony before the U.S. Coast Guard investigatory committee, Douglas Brown, the chief mechanic on the Deepwater Horizon, stated that BP cut corners while pushing workers to complete drilling at an even quicker pace. As if it wasn’t obvious, BP’s CEO has since admitted that their being unprepared for such a spill is “an entirely fair criticism.”

While it’s clear that BP was not prepared to handle such an event, whether their actions prior to and on April 20 rise to the level of gross negligence or a violation of Federal regulations will be left for a judge or jury to decide. If one of those exceptions can be proven, the $75 million dollar OPA cap should have no effect on what those devastated by the spill are able to recover.

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