Norden Leacox Accident & Injury Law - March 2023

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March 2023

THE TRUSTED ADVISOR

Getting Ahead of Brain Injuries

Know the Causes, Signs, and Effects

Our brains are the most vital organ in our bodies. They make us who we are, and they’re one of the only body parts we can’t replace through a transplant or can learn to live without. So, it’s no surprise that a brain injury during an accident can be particularly devastating. In honor of Brain Injury Awareness Month, we want to bring attention to this silent condition. You can see a broken bone and immediately tell someone is injured. But most traumatic brain injuries (TBIs) are invisible. A person with a TBI looks like their old selves, but they’re harboring a significant injury with potentially permanent consequences. They’re also more common than you think, with the Centers for Disease Control and Prevention reporting 1.7 million TBIs each year and car accidents as the second leading cause. In the most severe brain injury cases, people can experience excruciating head pain, vomiting, seizures, and dilated pupils. It’s clear for everyone to see that something is very, very wrong. Losing consciousness is also a guaranteed sign that a brain injury has occurred. And when someone strikes their head during a car crash, they generally understand to be on the lookout for brain injury symptoms. But you don’t have to lose consciousness — or even hit your head — to suffer from a TBI. Whiplash is a neck injury caused by the head rapidly bending forward and backward, but it’s also the cause of many brain injuries. While the head moves back and forth, the brain does, too. As it hits the inside of the skull, often multiple times in a row, it can cause bruising, bleeding, or other injuries. Symptoms from these injuries can be subtler and often don’t present immediately at the emergency room. When no bleeding is involved, the damage usually won’t appear on diagnostic tests like a CT scan. The effects of a TBI can develop over time and include changes in mood, difficulty concentrating, depression or anxiety, irritability, and difficulty sleeping. Since being in an accident is a traumatic experience, many people attribute these changes to the victim’s emotional and mental health. But that assessment isn’t always accurate. Anyone in a motor vehicle accident should be on the lookout for signs of brain injury and see a neurological specialist for diagnosis and treatment. Many people think their collision was too minor to have caused a TBI, but that’s not

necessarily true. Even fender benders with minimal property damage can result in a brain injury. Many people with brain injuries, especially concussions, make a full recovery. But research shows that even mild TBIs can cause permanent cognitive impairment. Again, you usually won’t know it just by looking at a person, but the impacts on their lives are no less real. Many people with brain injuries suffer from memory problems, fatigue, confusion, or difficulty learning new tasks, potentially upending their lives. Seeking the proper medical treatment to make the best recovery possible should be the top priority for any TBI victim. But anyone with a brain injury due to someone else’s negligence also deserves compensation for what they’ve suffered. At Norden Leacox, we strive to provide our clients with the compassion and justice they deserve. Life is sometimes never the same after a brain injury, but we want to ensure every client with this devastating condition can lead the most successful and secure life possible.

NordenLeacox.com | 407-801-3000 1 –Zac Leacox & Nick Norden

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The Mac and Cheese Legal Debacle Can This Lawsuit Elbow Its Way to a Courtroom Win?

What is parental alienation?

According to a resource published by the American Bar Association (ABA), parental alienation is a “mental condition in which a child — usually one whose parents are engaged in a high-conflict separation or divorce — allies him or herself strongly with an alienating parent and rejects a relationship with the ‘target’ parent without legitimate justification.” In other words, a child can fall victim to parental alienation if one of their parents constantly paints the other in a bad light through comparisons, exaggeration, lies, and manipulation. This can be emotional, verbal, or even financial.

Here’s a fun fact for you: In the fall of 2022,

What does parental alienation look like?

a woman in Florida sued food giant Kraft Heinz — all because it took her a few extra minutes to prepare her mac and cheese.

Imagine you’re running five minutes late to pick up your child, and your ex tells them “Daddy/Mommy is late because they don’t love you anymore” — a blatant lie. In this case, you would be the “target” parent and your ex would be the “alienating” parent manipulating your child. One parent can also alienate the other by spoiling their child with gifts and travel opportunities while maliciously pointing out that the other parent can’t or won’t do the same. According to TMZ, Jolie has accused Pitt of child abuse and he now has “little to no relationship” with their six kids. If Pitt is not a child abuser — as a judge’s award of 50/50 custody seems to indicate — this would be parental alienation. Alec Baldwin details his experience with what he calls parental alienation in his book, “A Promise to Ourselves: A Journey Through Fatherhood and Divorce.”

This may sound like a made-up plot straight out of “The Onion,” but it’s true! The

woman’s name is Amanda Ramirez, and according to National Public Radio, she’s suing Kraft Heinz for $5 million over its “misleading advertising.” What exactly misled her? Well, Kraft’s cup of Velveeta Shells & Cheese claims it will be “ready in 3 1/2 minutes” — when in fact, that’s just the microwave time. Apparently, Ramirez felt betrayed when it took her slightly more than 3 1/2 minutes to peel the lid off the container and add water to the noodles. Her outrage only climbed as she waited for her pasta’s cheese sauce to thicken after 3 1/2 minutes of staring at the microwave window. Before long, she was steaming over the notion that she’d been ripped off by a greedy manufacturer intent on selling false convenience. NPR reports that Ramirez’s lawsuit reaches beyond her kitchen and even beyond the state of Florida. It “looks to cover consumers in Alabama, Georgia, North Carolina, South Carolina, Utah, New Mexico, Alaska, Iowa, Tennessee, and Virginia who purchased the mac and cheese cups during the applicable statute of limitations period.” Over 100 people fall into that category, maybe including you! Does Ramirez stand a chance? It’s hard to say. NPR reports that her legal team expects Kraft to try to get the case dismissed, but the U.S. does have a history of successful lawsuits against misleading advertising by food companies. According to NBC News, a class-action lawsuit filed over a non- GMO advertising campaign cost Chipotle $6.5 million in 2020. And just last spring, a Florida attorney went to bat against Burger King, claiming its Whoppers were smaller than advertised. As we write this, the mac and cheese fiasco is still unresolved — but you can bet we’ll be watching the news. We may even chow down on a bowl of Velveeta Shells while we do it!

What can you do about it?

The ABA reports that parental alienation has been recognized by lawyers, courts, and psychologists to varying degrees for at least 200 years. In many states, parental alienation is legally recognized, which means that proving it could impact your custody agreement. Other states don’t take parental alienation as seriously, so we recommend asking your family law attorney about your specific state and situation. In the meantime, family lawyer Patricia Fersch offers this advice in Forbes: “Document everything in a diary — missed visits, alienating behavior in the presence of the child. Be consistent with your child no matter how they respond to you. Don’t abandon them.”

2 NordenLeacox.com | 407-801-3000

Van Gogh Reincarnated? One-Eared Rescue Dog Becomes Master Painter When a one-eared shelter dog in Connecticut struggled to find a new family last year, one of his caretakers had a wild idea: Why not teach him to paint? With help from TikTok and peanut butter, the aptly named Van Gogh became a social media star. “I’d seen TikTok videos of other dogs creating paintings, so why not Van Gogh?” Jaclyn Gartner, the founder of Happily Furever After Rescue, told The Washington Post. “He certainly had the name and the ear for it.” To leverage what she calls Van Gogh’s “fast and creative tongue,” Gartner covered small canvases in dollops of paint, wrapped them in plastic wrap, and slathered them in peanut butter. Then, she presented the treats to the boxer-pit bull mix. He quickly licked the canvases clean, creating his “art” along the way. According to the Post, Van Gogh’s first few paintings flopped — just like the work of the human artist Vincent Van Gogh, who didn’t become famous until after he died in 1890. This star rose thanks to Jo Van Gogh, the wife of his brother Theo, who advocated for his work after both Theo and Vincent passed away.

You could say that Gartner was dog Van Gogh’s Jo because, like the original painter’s, the pup’s art staged a comeback! After his first “art show” drew just two guests, Gartner started auctioning off his paintings online. His abstract work like “Peacock Swirl” and a rendition of human Van Gogh’s “Starry Night” quickly raised more than $3,000 for Happily Furever After Rescue. As his reputation soared on social media, Van Gogh also found his forever home with shelter volunteer Jessica Starowitz. He now spends his days painting and lounging on the couch. You can follow his exploits on Instagram under the handle @officialvgdog.

Have a

Classic Cabbage Rolls Inspired by TasteOfHome.com

Laugh

Ingredients

• 1 medium head cabbage • 1 1/2 cups chopped onion, divided • 1 tbsp butter • 2 14.5-oz cans Italian stewed tomatoes • 4 garlic cloves, minced • 2 tbsp brown sugar

• 1 1/2 tsp salt, divided • 1 cup cooked rice • 1/4 cup ketchup • 2 tbsp Worcestershire sauce • 1/4 tsp pepper • 1 lb lean (90%) ground beef • 1/4 lb Italian sausage

Directions

1. In a Dutch oven, cook cabbage in boiling water for 10 minutes; drain. Rinse in cold water; drain. Remove 8 large outer leaves; set aside. 2. In a large saucepan, sauté 1 cup onion in butter. Add tomatoes, garlic, brown sugar, and 1/2 tsp salt. Simmer sauce for 15 minutes, stirring occasionally. 3. In a large bowl, combine rice, ketchup, Worcestershire sauce, pepper, and remaining onion and salt. Crumble beef and sausage over mixture and mix. 4. Remove thick vein from cabbage leaves for easier rolling. Place 1/2 cup meat mixture on each leaf; fold in sides. Starting at an unfolded edge, roll leaf to completely enclose filling. Place rolls seam side down in a skillet. Top with sauce. 5. Cover and cook over medium-low heat for 1 hour. Reduce heat to low; cook 20 minutes longer or until a thermometer inserted reads 160 F.

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Inside This Edition

3 2 1 Get the Facts on Brain Injuries

The Great Mac and Cheese Lawsuit of 2022 Meet Van Gogh, the Painting Dog Classic Cabbage Rolls A Celebrity Problem You Could Face

4

Do You Have This in Common With Brad Pitt? The Scoop on Parental Alienation

4 NordenLeacox.com | 407-801-3000 These articles are chock-full of drama, but they also contain some legalese — specifically the phrase “parental alienation,” which journalists have applied to celebrities like Brad Pitt and Alec Baldwin and may even apply to you. If you’re divorced, have children, and aren’t on good terms with your partner, you should be on high alert for signs of parental alienation. Continued on Page 2 ... Whether you follow celebrity gossip religiously or just like to scan the tabloids when you pass a newsstand, you’ve probably heard about the latest conflict between famous divorcees Brad Pitt and Angelina Jolie. A recent TMZ headline blared, “Brad Pitt Sources Say Angelina Has Poisoned Kids Against Him... She’s On a Hate Campaign.”

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