Dickerson Oxton - December 2018

Take a look at our newsletter this month!

816-268-1960 | 913-428-8220 www.dickersonoxton.com

DEC. 2018

ANIMAL BITES

CAR ACCIDENTS

MEDICAL MALPRACTICE

MagicalMemories THE BEST PRESENTS OF ALL I think most people get nostalgic over the holidays. It’s a magical time of year, one rich in tradition and childhood memories. When you’re young, you may think that the presents you get will always be the best part about the holidays — the things you’ll remember most vividly the rest of your life. But as we age, I think many of us are surprised by the moments from our childhood holidays that end up standing out.

BICYCLE/ MOTORCYCLE ACCIDENTS

BRAIN & SPINAL CORD INJURIES

look forward to it at the time, I got to play an active role in the holiday preparation, and the exertion of the activity helped to ingrain the experience firmly in my mind. To this day, there’s nothing I associate the holidays with more than the smell of fresh pine needles. My own kids are a little too young to be working with sharp tools, but I do want to pass on this tradition to them one day. For now, Chelsea and I will keep building our artificial tree as the kids write their letters to Santa. These days, seeing the excitement on their faces every Christmas morning is my new favorite part of the holidays. Whatever memories or traditions you’re family honors this year, I hope they prove just as magical. Chelsea and I couldn’t enjoy this time of year without the confidence you’ve shown us. Thank you for your support. We truly appreciate you approaching our firm in your time of need.

BURN INJURIES

Though my younger self would be shocked, I don’t remember most of the individual presents I received during the holidays. Of course, growing up, we didn’t have a lot of money, so the holidays were pretty lean in my household. The most I’d expect on any given year would be one or two gifts under the tree. So I tend to remember the excitement I felt running downstairs early in the morning more than the individual toys themselves. The one exception was in 1988, when I got the complete Teenage Mutant Ninja Turtles action figure set. Not to reveal my age, but I was a huge “Turtles” fan. Between “Ghostbusters,” “Transformers,” “ThunderCats,” and other high- concept cartoons, the ‘80s were certainly an interesting time for television. But for me, no Saturday morning would be complete without those pizza-loving ninjas. What made unwrapping those action figures on Christmas morning so special was that I didn’t just get Leonardo, Donatello, Michelangelo, and Raphael — I got the whole set. It came with Master

Splinter and Shredder as well as minor characters, like Bebop and Rocksteady. This gift in particular stands out just for its sheer magnitude and how much fun I had playing out scenes with all these different action figures. As excited as I was for the presents that year, my favorite childhood Christmas memories had little to do with gifts. What I remember most fondly wasn’t any particular present underneath the tree but the tree itself. When I became old enough to wield a saw, every year, my parents would take me to pick out a pine. We went to one of those Christmas tree farms, where we’d walk around and I’d try not to pick one that was too large. After all, I would be the one to actually cut the thing down. At the time, I didn’t appreciate being out in the cold, sawing away at the base and trying not to get blisters through my mittens. But looking back, I treasure those memories. It wasn’t until I was older that I realized how special this tradition was. Not every kid got the opportunity to fell their own Christmas tree. Although I didn’t

CONSTRUCTION INJURIES

NURSING HOME ABUSE

SLIP & FALL ACCIDENTS

BOATING ACCIDENTS

Happy holidays,

TRUCK ACCIDENTS

1 –Tom Dickerson

PHARMACEUTICAL & DRUG INJURIES

More HarmThanGood THE DANGERS OF IVC FILTERS If you have an inferior vena cava (IVC) filter, chances are your options were limited. While these filters can work to prevent dangerous deep vein blood clots known as embolisms from reaching your heart and lungs, they are far from a doctor’s first choice. In most cases, IVC filters are only used if blood thinners are not an option, and even then, most are only placed temporarily. That’s because these medical devices have an uncomfortably high chance of complications. Over a five-year period, the FDA received almost 1,000 complaints relating to newer models of IVC filters. These “removable” models were meant to be safer short-term alternatives to older permanent filters. However, the flexible design necessary for IVC filters to be removable makes them far more prone to becoming fractured, broken, or even dislodged. Thus, these devices have ended up causing, rather than preventing, serious health conditions. In some cases, sudden death has even occurred. IceyLegal Ground A HISTORY OF COMPLICATIONS

Survivingthe SeasonofSweets HOWTO INDULGE YOUR SWEET TOOTHWITH LESS SUGAR Cookies, cakes, and pies, oh my! The holiday season is brimming with sweet treats of all kinds. Sometimes it can feel like candy and sugary desserts are around every corner, and yet you still want to indulge. However, when you consider that over 50 percent of Americans are insulin-resistant, prediabetic, or diabetic, that piece of pumpkin pie with whipped cream starts to look more dangerous than appetizing. During the holidays, how can you satisfy your sweet tooth without worrying about consuming excessive sugar and calories? Skip the candy and go for the fruits and nuts. Keeping a bowl of fruit and nuts nearby can help keep sugar cravings at bay. Dried fruits, such as cranberries, pineapple, or apricots, are both sweet and nutritious. Just be sure to check the packaging for added sugars. You can even make your own dried fruit with a food dehydrator. This way, you are completely in control of the ingredients. No matter what you do, just be mindful not to overindulge. Dried fruit is high in sugar and calories, but the fiber and vitamins make fruit much healthier than just about any other sugary treat. Another way to cut down on your sugar intake is to use dark chocolate in all your chocolate-based treats. Dark chocolate has about half as much sugar as milk chocolate, twice as much healthy fat, less cholesterol, 4–5 times more iron, twice as much potassium, fewer carbs, and more flavonoids and theobromine. The antioxidant properties of the theobromine and flavonoids make dark chocolate as good for your heart as it is for your soul. If you have a recipe that calls for chocolate, reach for the dark stuff, whether it’s dark chocolate chips, cocoa powder, or baking chocolate. While it may seem as though everyone and their grandma is overindulging in sugar this season, know that you have the choice to opt for healthier sweets. And come New Year’s, you won’t have to spend the first few months of 2019 working off that extra cookie weight.

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SYMPTOMS TO WATCH FOR

contact a medical malpractice lawyer you trust. Our team at Dickerson Oxton has made a name for ourselves by holding medical device manufacturers accountable for their oversights. Please don’t hesitate to call us with any questions you may have about these devices and your rights as a consumer.

• • • • • • • • • •

Abnormal heart rhythms

Palpitations Chest pain

Fainting

Painful swelling in legs or abdomen

Inflammation

Gastrointestinal bleeding

Fever

Lower back pain

Pulmonary embolism

These can all be serious signs of complications caused by a faulty filter.

TAKE A BREAK

REMEMBER: YOU HAVE RIGHTS

People in need of IVC filters deserve better. The abnormally high rate of failure and the resulting consequences have led many users and their

ButteryRoasted Chestnuts

families to bring lawsuits against the manufacturers of these devices. If you rely on these unsafe devices and are experiencing complications,

Inspired by Bon Appétit

ingredients

The thing about us Midwesterners is we’ve never let a little snow and ice stop us from going about our lives. Whether you call Kansas or Missouri home, winter storms and freezing conditions are just a part of life this time of year. Regardless, we should still expect safe conditions at our places of work and on our properties. While the laws differ by state, business and property owners have a duty to keep their premises safe for customers, including the sidewalks outside.

until conditions clear up before shoveling and salting. Missouri laws are even more lenient. Property owners in this state can let snow build up on their property, storm or no, and are only liable for injuries they cause after attempting to clean up the premises. This Missouri law may seem counterintuitive at first, but the truth is, some of the most dangerous walking conditions can be caused by a cleanup job left half-done. Melted ice and snow can refreeze, and a relatively well-shoveled area can give pedestrians a false sense of security. Thus, in both states, property owners are expected to do a thorough job once they begin clearing ice and snow. THE DANGER OF GOOD INTENTIONS If you have been injured in a fall this winter due to a property owner neglecting the state of their property, you may have a right to compensation. Reach out to an experienced team of Kansas City premises liability attorneys to give you a better understanding of your legal options. You can always reach out to our firm for a free case evaluation.

directions • 2 pounds fresh chestnuts, unpeeled • 2–3 sprigs rosemary • 1/2 cup unsalted butter, melted • 2 teaspoons kosher salt, or more to taste • Pinch of freshly ground nutmeg • Freshly ground black pepper, to taste 1. Heat oven to 450 F. 2. Place a large sheet of foil on a rimmed baking sheet. 3. On a large, flat workspace, place chestnuts flat side down. Using a sharp knife, carve an X on the rounded side of each chestnut. 4. In a large bowl of hot water, soak chestnuts for 1 minute. 5. Pat dry and transfer to a medium bowl. Add rosemary, butter, salt, pepper, and nutmeg. Toss to coat and transfer to baking sheet. Arrange in a single layer. Gather the edges of the foil together, leaving an opening at the top. 6. Roast until peels curl up, about 30–45 minutes. 7. Transfer to a platter and serve while hot or warm.

PEDESTRIAN RESPONSIBILITY

No matter what, you should always use caution while walking in winter conditions, especially when black ice could be a factor. Even if the pavement appears simply damp, it’s best to be safe and proceed with caution.

PROPERTY OWNERS’ RESPONSIBILITY

In Kansas, property owners are responsible for keeping their premises clear of ice and snow. However, there are exceptions for when conditions get bad. During winter storms, property owners and their employees are given some leeway to wait

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THIS ISSUE

The Best Presents of All Indulge Your Sweet Tooth With Less Sugar This Holiday Season Have an IVC Filter? There’s Something You Should Know Understanding Winter Premises Liability Take a Break

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Buttery Roasted Chestnuts Everything You’ll Need for an Ugly Sweater Christmas

UglySweaterParties

A FUN TREND YOU CAN EASILY FOLLOW!

It’s speculated that the first ugly sweater party took place in Vancouver, Canada, back in 2001. Since then, the trend has become one of the most popular holiday party themes. Come Thanksgiving, you’ll start to see racks in all types of clothing stores lined

it. And let it be known that an ugly sweater isn’t complete without sparkles, beads, and sequins galore.

WHAT EXACTLY IS AN UGLY SWEATER PARTY?

It’s rather simple — slip on your favorite Christmas sweater, gather all your friends and family members, make sure there are plenty of refreshments and games, and you’re guaranteed to have a top-tier party. A few ugly-sweater-themed games that should be on the agenda include an ugly gift exchange, which is similar to the white elephant exchange, except with the gaudiest gifts you can find; an ugly photo booth, complete with terrible, tacky props; and, of course, an ugly sweater contest.

with hideous sweaters. If you’re ready to jump on the ugly-sweater-party bandwagon this Christmas season, here are a few things to keep in mind.

YOUR VERY OWN UGLY SWEATER

Ugly sweaters come in all shapes, sizes, and prices. You can head to H&M or a local thrift store to pick one up. However, if you have a sweater that’s been cozied up for years in the back of your closet or a drawer, now’s your chance to give it new life. Arm yourself with a hot glue gun, thread, and needle, and patch Santa, Rudolph, or Frosty on

This is the only time of year when slipping into a lurid red sweater with a stuffed Santa sewn on the front is considered trendy. So adorn yourself in the frumpiest, tackiest sweater you can find, and have some fun this December!

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