Chubby Checker Sues Over Penis Size Predictor App

February 15th, 2013. By AbiK

So there’s a couple of apps out there that’ll predict a guy’s penis size based on his shoe size. Yes, it’s that old (and questionable) wives’ tale now appearing on smartphones everywhere—God knows how many times you’ve been out and about and needed to estimate some guy’s penis size…

But one of the penis size apps involves Chubby Checker, and a lawsuit.

Haven’t heard of that app? But you’ve heard of Chubby Checker, right? Well, the music legend has been battling Hewlett-Packard (HP) and Palm over the use of his stage name—Chubby Checker (real name Ernest Evans)—a name which he just happens to have trademarked—for this app that “converts” shoe size to penis size. Yes, the app is called “The Chubby Checker”.

You can’t fault the real Checker for wanting zero connection to the app—not just because it’s probably one of the stupidest apps that’s ever been created (like, how long do you think anyone would use it? maybe 4-5 times max while slinging back some drinks at happy hour?), and not just because it’s a trademark infringement issue; but take a look at the app description:

FOR ENTERTAINMENT!!! Any of you ladies out there just start seeing someone new and wondering what the size of there member is. Well now you can right now from your phone. All you need to do is find out the man’s shoe size and plug it in and don’t worry where your from because The Chubby Checker supports shoe measurements of different regions and types. Now with The Chubby Checker there is no need for disappointment or surprise…

Who the heck wrote this? Yes, there are people out there that even spell-check cannot help. And here’s a screenshot of what you’ll get you once you “input” your man’s shoe size:

Verdict on the Chubby Checker app: Not So Sweet.

Given that The Chubby Checker app has only had 2,364 downloads—which is like less than the average graduating class size at many US universities—it’s not as though anyone’s really clamoring for ability to estimate penis size. A good thing for Checker.

Unfortunately, though, Checker had already sent a cease and desist letter to both HP and Palm that apparently went unanswered and certainly unheeded. So now he’s suing.

For those wondering about the other penis sizer app of note, it’s called The Predicktor (ha-ha get it?) and, rather than being targeted toward women, this one’s aimed at men—for those insecure moments when a guy wonders how he measures up. At least from a screenshot perspective, The Predicktor measures up better than The Chubby Checker:

Created by Canadian doc, Dr. Chris Culligan, the Predicktor claims to share “scientific journal articles reporting on men’s health and sexuality. This includes the actual distribution of penis size, as found in peer review journals. It also touches on selected literature studying what women really think about men’s genitalia—not the locker room giggles but actual results from surveys.”

Predicktor, which was “on sale” for 99¢ for Valentine’s Day, gauges the size of a man’s erect penis after the user enters his height, sexual orientation and finger length.

Who knew?

Maybe there’ll soon be an Estitmator app for guys wondering how endowed their gals really are…

 

Asbestos News Roundup: 2/14/13 – How to Prepare for an Asbestos Lawsuit

February 14th, 2013. By LucyC

This week’s asbestos news roundup includes all the recent asbestos-related news and information that you should be aware of. An ongoing list of reported asbestos hot spots in the US from the Asbestos News Roundup archive appears on our asbestos map.

7 Steps to Prepare to Meet with an Asbestos Lawyer

Were you or someone you loved exposed to asbestos? Do you think you could have an asbestos mesothelioma or asbestos disease claim?

Here are the first things you need to do:

1. Get a clear diagnosis which ideally includes a tissue biopsy; or get a copy of the medical records and diagnostic documents from your loved one’s physicians.

2. Prepare a will. If you, yourself, are a victim of asbestos mesothelioma, it’s best to prepare a will that stipulates which law firm is to represent your case. While no one likes to think of these things, the executor of your will may ultimately need to work with this law firm. Better to identify your law firm rather than risk having multiple lawyers getting involved in the case as a result of various family members seeking to find counsel on your behalf.

3. Write down when and where you believe you or your loved one was exposed to asbestos

4. Write down the name of the company or companies you or your loved one worked for, even if you or your loved one worked as a contractor.

5. Write down the names of fellow workers that knew there may have been asbestos on the job site(s).

6. Contact a lawyer. If you have not already done so, you should meet with an asbestos lawyer and bring all supporting documentation with you.

7. Have the lawyer prepare an affidavit of critical facts for preserving your case.

If you have been diagnosed with asbestos disease, there’s a good chance that your colleagues will also have been exposed. They may even have contacted a lawyer already, and be familiar with the process. If possible, reach out to your former colleagues to find out how they are and what, if anything they may have done or be doing, and if they will support you in your claim.

If you are a spouse of a mesothelioma victim who has recently died from the illness, you and your heirs could have between one to three years from the date of death to file a wrongful death action, which may result in the recovery of substantial monetary damages.

Filing an asbestos claim and recovering damages can help with costs such as medical and funeral expenses. Damages can include:

• Lost income

• Medical expenses

• Pain or suffering

• Loss of love, services and sexual relations from a spouse (also called consortium)

Asbestos News

Billings MT: A panel of scientists have endorsed draft results that find that exposure to even a minute amount of asbestos can lead to lung illnesses such as asbestos mesothelioma and asbestosis. On the heels of this announcement, Federal officials have stated that they expect to have finished a risk study to guide the cleanup of the infamous asbestos mining town called Libby, Montana, by 2014. The document will establish when cleanup work will end at the WR Grace & Co vermiculite mine outside Libby. Hundreds of residents of Libby, and people living nearby the infamous mine, have died from asbestos exposure directly related to the mine. Dozens more people have become ill with asbestos-related disease.

So far, the cleanup, which began in 1999, has cost over $447 million. According to the Associated Press (AP), between 80 and 100 properties in Libby are lined up for cleanup to begin. Cleanup also remains to be done in several hundred properties and that list could grow significantly depending on the outcome of the risk study.

Cleanup work began in Libby after the WR Grace mine closed in 1990. The benchmark used by the Environmental Protection Agency (EPA) in establishing risk for lung illness from asbestos exposure at the site was lung scarring. And importantly, in the report just released, the scientists confirm that the EPA made the right call. That finding could have far reaching implications, possibly affecting dozens of sites across the country that received vermiculite asbestos from the WR Grace mine for processing into home insulation products.

EPA toxicologist Deborah McKean said she did not expect a significant change to the agency’s determination that exceeding extremely low levels of airborne asbestos—0.00002 fibers of the mineral per cubic centimeter—raises the risk of lung-scarring, the AP reported. “She added that final exposure standards won’t be established until additional work is done.

Meanwhile, Libby remains under a novel public health emergency declaration issued in 2009 by EPA administrator Lisa Jackson. Because asbestos disease can take up to 50 years to manifest, the deaths from asbestos exposure at and around the town are expected to continue for decades. (thewesternnews.com)

Top 10 2012 FDA Consumer Health Update Topics

February 12th, 2013. By AbiK

Ever wonder what gets the most traffic over at the FDA website? According to an update at the Brandon Patch, more than 7.3 million people visited the Food and Drug Administration online last year to check out the consumer updates section of the website (fda.gov). What were they looking for? The following were the ten most popular topics readers sought out at the FDA. Many, as you’ll see, were topics covered at LawyersandSettlements.com as well.

Top 10 2012 FDA Consumer Health Update Topics

1. When to dispose of unused medicines–how long should medicines be kept and how to safely dispose of them.

2. Questions regarding potentially harmful presence of mercury in skin products sold illegally in U.S.

3. HCG diet products and their potential link to blood clots, depression and other harmful side effects.

4. Dietary supplement Hydroxycut, and its alleged connection to liver-related illness.

5. Questions over arsenic contained in rice.

6. Concerns over tattoo inks being linked to serious infection.

7. Safety concerns over the additive triclosan, which is commonly found in antibacterial lotions or hand sanitizers.

8. Thickening agents, like SimplyThick, which were connected to reports of infant deaths.

9. Statins and the risk of rhabdomyolysis and cardiomyopathy.

10. Finally, one for man’s best friend: information on the symptoms and treatment of Cushing’s disease in dogs.

Stryker Hip Recall, Broadspire & the Meaning of Two Words

February 7th, 2013. By AbiK

Not since the days of Monica Lewinsky has parsing the meaning of a word—or two in this case—been worthy of such scrutiny. The words, “if necessary” in this “Claims & Reimbursement FAQs” link on the Stryker website should perhaps make any hip replacement patient who’s been affected by the Stryker Rejuvenate and ABG II modular-neck hip stems recall suspect.

Why?

Well, a little walk down memory lane on LawyersandSettlements.com brings up a story we had published back when Broadspire was the third-party claims administrator brought in by J&J to handle DePuy hip replacement claims.

At the time, a Reuters article noted that the move means that Broadspire’s physicians—not the patient’s physician—will determine whether a hip should be replaced. This means that even if the patient’s physician recommends replacing the hip, if a Broadspire physician disagrees with the decision, Johnson & Johnson may not pay to cover the costs of that surgery.

So is history repeating itself?

Clearly by inserting the words “if necessary” in discussing defective hip replacement revision surgery reimbursements Broadspire retains the right to deem whether a revision surgery was necessary, or not; the “not” undoubtedly necessitating a denial—or reduction—of reimbursement.

What we’re hearing from attorneys like Ben Stewart of Stewart Law Group PLLC., who’s familiar with defective hip lawsuits, is that before a patient submits any paperwork with Broadspire—or signs anything—for a Stryker hip reimbursement claim, he or she should first talk to a lawyer.

 

Asbestos News Roundup: 2.7.13 – Storm Damage Asbestos Problems

February 7th, 2013. By LucyC

This week’s asbestos news roundup includes all the recent asbestos-related news and information that you should be aware of. An ongoing list of reported asbestos hot spots in the US from the Asbestos News Roundup archive appears on our asbestos map.

Storm Damage and Asbestos Risk

This week, the US House completed a $60.2 billion aid plan to rebuild communities damaged by Hurricane Sandy. The measure includes $17 billion to meet the immediate needs of Sandy victims in New York, New Jersey and Connecticut, and $33.5 billion for long-term reconstruction.

Hurricane Sandy destroyed or damaged tens of thousands of homes and businesses on the Eastern seaboard when it struck on October 29, 2012. Many of those structures were old enough to contain asbestos, and this poses a significant danger to clean-up and remediation crews, as well as homeowners who may attempt repairs on their own.

The US Environmental Protection Agency (EPA) warns that asbestos may be found in a wide variety of construction items, and states that cleanup at homes and businesses after a natural disaster can cause people to be exposed to asbestos containing materials found in:

• Boiler/pipe insulation

• Fireproofing

• Floor tiles

• Roofing shingles and tiles

• Transite boards used in laboratory tabletops and in acoustic panels in auditoriums, music rooms and phone booths.

Asbestos Settlements

Seattle, WA: An 89-year-old woman has been awarded $1.1 million settlement after a jury agreed that exposure to asbestos from her husband’s work clothes caused her to contract a rare form of cancer that will likely lead to her death.

Phyllis Granville brought the case against 13 defendants, claiming they negligently manufactured and sold floor tiles that were unsafe because they contained asbestos. According to court documents, her husband, Donald Granville, a floor tile installer, was exposed to asbestos from the defendants’ products while at work, which he in turn brought home on his clothes and exposed his wife of 70 years to.

“This was an extraordinarily difficult case to bring to trial, and we are very pleased we were able to provide the Granvilles some measure of financial security while they fight the effects of this horrible disease,” Matthew Bergman, the Granvilles’ attorney, said. “In most cases, mesothelioma victims had direct exposure to asbestos. While the science is clear that people like Donald can bring it home on clothes and transmit it through hugging his wife, or having her wash his clothes, these concepts are much more difficult to illustrate to a jury.”

According to Bergman, the asbestos-related mesothelioma has had a devastating effect on Phyllis, rendering her unable to breathe without oxygen, leaving her homebound. Her physicians expect that the disease, which surrounds and ultimately obliterates the lung, will be fatal.

“I never imagined Donald’s work would ever end up giving me cancer,” said Phyllis. “The manufacturers didn’t warn him about the risk of bringing asbestos home with him. It’s hard enough for us to start battling my mesothelioma, but now Donald is afraid he’s going to contract it too. We’re so thankful Bergman Draper Ladenburg helped us to get the verdict.”

The case was filed with the Seattle King County Court in September 2012, where the case spent four weeks at trial throughout January 2013. After careful deliberation, the jury reached a final verdict of $1.1 million to be paid to Granville and her husband.

According to Bergman, the verdict represents a crucial development in asbestos litigation. “The jury recognized that demonstrable harm has been done to asbestos victims,” said Bergman. “But more importantly, the verdict shows that asbestos exposure has significantly impacted people who were not present at contaminated work sites at all. We believe that the sites had a present imperative to warn their employees about the risk of asbestos contact and also subsequent dispersion.” (fortmilltimes.com)

Asbestos Hot Spots

Redondo Beach, CA: A landmark on the Redondo beach waterfront, instantly recognizable by its octagon shape, is slated for demolition because it contains asbestos. Built on the beach waterfront 34 years ago, the City Council voted to tear it down recently, citing storm damage and corrosive ocean air rendering the building unusable.

The council acted Tuesday night on a recommendation by Public Works Director Michael Witzansky, who reported that the city-owned building, which has been boarded up for years, was in imminent danger of falling down.

The building’s condition worsened significantly after recent wind storms, Witzansky reported. “The wind storms tore off some wood paneling that we had put it place a few years ago and that gave us a look at what was going on inside and it was not good,” he said.

City building inspectors determined that the condition of the building posed significant danger to the public and surrounding structures, he said. The demolition will include disposal of a small amount of asbestos, Witzansky said. “The building will come down quickly, but the removal of the debris will take some time,” he said. The building has been empty for at least eight years. (dailybreeze.com)