My close friend was recently diagnosed with non-Hodgkin’s lymphoma-a cancer that began as a tumor in his stomach. Denys just turned 50; he’s a non-smoker and fitness freak. Not even two months after his diagnosis Denys barely has the energy to buy groceries from the corner store-although that could also be due to the chemotherapy kicking the hell out of him.
The doctors can’t explain how or why he has this type of cancer, but his gastrointestinal specialist said that these types of tumors are often seen in people who have worked with asbestos years ago.
“From 1980 to 1995 I worked in home renos, ripping out walls and replacing vermiculite insulation in ceilings with fiberglass,” says Denys. ” Back in those days people weren’t aware; we had no idea.” (Although mining stopped near Libby, Montana in 1990, The National Institute for Occupational Safety and Health reports that vermiculite is still used throughout the world. It was contaminated with asbestos and asbestos-like fibers. Workplace exposure to these fibers caused-and is still causing– a serious health problem.)
According to asbestos.com, there have been several studies that have suggested a connection between lymphoma and exposure to asbestos, but it also says that no studies have produced conclusive evidence Read the rest of this entry »
Brain Injury Reality Check #1: 1.4 million people get a blow or jolt to the head—or a penetrating head injury—that disrupts the function of the brain each year.
And that’s only the count of those who actually go and receive medical care for a traumatic brain injury (TBI).
So it’s that time of year when the bikes, scooters and skateboards come out of hiding and hit the asphalt, concrete and, in many places, the potholes that come along with it. And it’s all too easy as a parent to be filled with sheer bliss as you watch the kids get out of the house and out of your hair only to realize that you didn’t dig the bike helmets out from the garage or shed…so off go the kids sans protective gear—too impatient to care about safety.
Brain Injury Reality Check #2: Of those 1.4 million traumatic brain injuries (TBI) for which the victims seek medical attention, 50,000 die.
Brain Injury Reality Check #3: Of those 1.4 million traumatic brain injuries for which the victims seek medical attention, 235,000 are hospitalized.
It doesn’t seem like such a big deal at the time—to let your kid go without his helmet just this one time. You feel a twinge of guilt, but heck, WE all rode our bikes without helmets when we were little, right? And we’re fine, right?
Brain Injury Reality Check #4: The leading cause of TBI is falls—falls account for 28% of all traumatic brain injuries.
And the two age groups at highest risk for TBI? Infants or toddlers ages 0 to 4 (think about the Read the rest of this entry »
Welcome to Totally Tortelicious—a review of some of the more bizarre legal items making news. Goodness knows there’s no shortage of them.
102 uses for paper clips? Thinking about getting knocked out next time you go to the dentist? This little tale may give you pause to rethink the “I don’t want to know” approach. Apparently a dentist in Massachusetts, one Michael Clair, got caught charging Medicaid for stainless steel posts used in root canals when he was in fact using paper clips. Yes, paper clips. Who knew? I don’t think they were the multi-coloured plastic ones.
Clair’s ploy was to hire dentists for his clinic and file claims under their numbers because he had been suspended by Medicaid in 2002. The state attorney has charged Clair with assault and battery, larceny, submitting false claims and illegally prescribing drugs. Not a bad little rap sheet for a dentist.
But seriously, if this is what a dentist can dream up in his spare time, what use could a surgeon find for this apparently underutilized little stationery item?
MySpace at YourPlace? Ok—we all know that the younger generations are practically hardwired for social media—but this 17-year old has absolutely set a new standard. He broke into a furniture store in Washington state and raided the cash register. So far, so predictable. But before he left, he thought he’d better check his MySpace page—I mean he could have had an urgent, life-changing message—it’s possible—or more likely a bet with a friend. Problem was he used the store computer to log on.
Needless to say the police had no problem tracking him down.
Is there a charge for being criminally stupid?
Maybe he Wuz Just Jay(Z)walking? A 33-year old concert-goer in Pittsburgh is being charged with criminal mischief and criminal trespass, after breaking into a house and crawling into bed with Frank Fontana, the homeowner—whom he was not intimately acquainted with. In fact, the two had not met up until that moment. (Talk about getting outside your comfort zone).
This reportedly happened at about 5:30 in the morning, and the trespasser was looking for shelter after going to a Jay-Z concert at the Mellon Arena. (He can afford a ticket but not bus fare home?)
The homeowner thought his surprise visitor might be a girlfriend who has a key to his place so, he quite reasonably asked his new bedmate “Is that you honey?” I guess the “No it’s not” response, in a male baritone, came as a bit of a shock.
As for charges—criminal trespass I get, but criminal mischief—it doesn’t sound like anyone got up to much. Fontana kept the intruder at bay with a baseball bat until the police arrived. I wonder what they talked about…
After growing concerns over the use of hydraulic fracturing to access natural gas, the EPA is now going to begin a “comprehensive research study” to investigate whatever the effects—potentially not good—the process may have on water quality and public health. According to the EPA’s press release (3/18/10), “There are concerns that hydraulic fracturing may impact ground water and surface water quality in ways that threaten human health and the environment.”
Hydraulic fracturing, aka “fracking”, has become a hotly debated extraction method in states like New York, Pennsylvania and West Virginia where there are shale formations—the Marcellus Formation stretches out through the Appalachian Basin. Over the last three years, the Marcellus Shale has become increasingly important as gas discoveries in the area point to a vastly undertapped energy source. Estimates put the amount of natural gas held within the Marcellus Formation at 168 trillion to 516 trillion cubic feet, which the New York State Department of Environmental Conservation (dec.ny.gov/energy) puts into context by stating that NY state uses about 1.1 trillion cubic feet of natural gas a year. That’s potentially a lot of years of gas supply…
To help put things in perspective further, according to an article in Business Week (3/10/10), shale gas currently accounts for 20 percent of the US gas supply—and is expected to jump to 50 percent of the supply by 2035.
But environmentalists—and NYC Mayor Michael Bloomberg—have been opposed to natural gas fracking. Bloomberg wants to ban drilling at the upstate New York Marcellus Shale area. Why? Two words: water supply.
So what exactly happens with hydraulic fracking?
According to the EPA site (epa.gov), first a well is drilled into reservoir rock that contains oil, natural gas, and water. Then, a fluid—usually water that contains “specialty high-viscosity fluid additives” —is injected under high pressure into the rock. Because of the immense pressure of the fluid being driven into the rock, the rock splits open further—i.e., it creates “fractures” (can’t help but have a flashback to Wile E. Coyote in free-fall off the side of a cliff resulting in “fractured” bedrock below).
Once the rock is fractured, a propping agent (such as sand) is pumped into the fractures to keep them from closing once the pumping pressure is released. The fractures allow the natural gas to move more freely to a production well so that it can be brought to the surface.
Sounds straightforward—and back in 2004, the EPA conducted a study to determine the potential for contamination of underground sources of drinking water (usdw) from the injection of hydraulic fracturing fluids by coalbed methane wells. At the time, the EPA concluded that the injection of fracturing fluids by coalbed methane wells posed little or no threat to underground drinking water sources.
According to the Business Week article, there haven’t been any documented cases of fluids injected into wells migrating from the wells into the groundwater. However…
Earlier this year, the PA Environmental Protection Dept. fined Talisman Energy, Inc. $3,500 for violations in 2009 that “included discharging drilling fluids into Sugar Creek in Troy Township.”
There are other concerns, too. In New York City, the water supply is the nation’s largest unfiltered system. According to Cas Holloway, NYC Environmental Protection Department commissioner, should the city lose a federal filtration waiver, it could cost between $10 – $20 billion to build a treatment plant.
The EPA is re-allocating $1.9 million for the peer-reviewed study for the full-year 2010 and is also requesting funds for full-year 2011 in the president’s budget proposal.
Doug Llewelyn eat your blessed heart out. The internet-age version of The People’s Court is here—well, maybe not with any real monetary awards imposed, and true, no one’s got your classic closer: “Don’t take the law into your own hands, you take ’em to court.” But now there’s a way to get an unofficial ruling on whether that gift of a used 1992 Chevy included insurance payments and registration—or not. Even if only for peace of mind or some form of bragging rights.
Enter InstantJury.com.
This site’s a riot. Once you sign up, you can submit your “case”—which will then be sent to the defendant (whose name is not revealed publicly) via email–i.e., they “receive notice” of their affront—can you just dream of the possibilities here? The plaintiff submits what he thinks are adequate “stakes” should he win—could be a dinner on the defendant’s dime. Both parties can submit their opening arguments and evidence (seriously)—and then the case is listed for the “jury” (other viewers) to decide.
Here are the “rules of the courtroom”:
Case must be accepted by defendant within 24 hours.
All arguments must be entered within 24 hours of the preceding argument.
A verdict must be rendered within 24 hours of the defendant’s closing arguments.
The case must receive 3 votes from a jury to be official. If the case receives less than 7 votes, the case will be decided by the judge.
If the case ends in a tie (Hung Jury), the case will be decided by the judge.
The Judge can throw out a case at his discretion.
Now, needless to say, you won’t actually get much out of having your case “heard” at InstantJury—perhaps some satisfaction, but no one’s going to be witholding pay from your defendant’s paycheck till they cough up dinner. And, I imagine, there is always the possibility of someone not taking too kindly to recieving a complaint—aimed at them—in their inbox. But if you’ve got a beef that’s under your skin and you just can’t let it go (or talk it out like the rest of us) then this may be your answer. And, hey, unlike submitting your problem to Dear Abby, you don’t have to wait and see if your issue is deemed worthy of publication—just hit “submit” and you’re in court baby!