Distasio Law Firm - April 2020

APR 2020

(813) 259-0022 | www.distasiofirm.com LIFE & THE LAW

The Imperfect System of Assisted Living Requires You to Be an Advocate

especially when they have severe dementia, is extremely difficult. Degenerative brain diseases steal people’s abilities to complete the most basic of tasks for themselves. At that point, how do you know whether to blame the facility or the disease? There’s no right answer. In the case of my father, he can’t get out of bed without assistance or walk without a walker, and he often forgets where he is or who the people around him are. Last time I visited, he had a difficult time remembering who I was. The truth is that my father is not the same person I used to know. But that doesn’t mean I love him any less. I love him tremendously, and I want him to be taken care of in ways that I can’t provide. So, when we learned that his assisted living facility had not only allowed him to fall and hurt himself on multiple occasions, but also failed to report them to my family, we stood firm on one side of that line and made the decision to move my father to a another facility. Those moments of brief clarity don’t happen often in this system, but when they do, you have to remain vigilant afterward. In my father’s new ALF, Faith and I have become his biggest advocate. To prevent falls and reduce injury, Faith made them lower his bed, remove the table from his bedside so he can’t hit his head on it, and place padding on the floor as a precaution. The staff would not have ever

I’ve previously written in this newsletter about my father, who suffers from Alzheimer’s disease and dementia. He now lives in an assisted living facility (ALF), and placing him there was a difficult decision to make because I’ve had so many clients come to me to fight on behalf of their loved ones who have been wronged in nursing homes and ALFs with low-quality care. It’s been an eye-opening experience for me to be on the other side of this delicate scenario, and if there’s anything it has confirmed for me, it’s that the relatives are the best people to protect their loved ones. homes. Their care regimens aren’t properly adhered to, their activities are inadequately reported to their family members, and above all, it just seems like some managers at these facilities don’t care about their patients as much as they should. It’s frustrating and worrisome to learn that the care you’re paying for isn’t up to the standards expected and promised. There’s a strangely drawn line that you dance across often when you’re in this situation. Part of you knows this system we have of caring for older folks has a lot of flaws. There are problems with overcrowding, understaffing, insufficient training, and improper reporting. But the other part of you knows that caring for these patients, For years, clients have told me about their loved ones not receiving proper care in nursing

taken these steps on their own, but they did it for my father because we directly requested it. My only hope is that they think to do the same for others. There may never be a cure to the heart- wrenching disease that is dementia. Until there’s headway in medicine, vigilance is the best path forward. If you have loved ones in nursing homes whose care you’re concerned about, be their investigator and advocate. Don’t be afraid to speak up and make demands. Educate yourself on proper interventions, and let nursing home and ALF staff members know what they are. Put the pressure on. Having to take these extra steps may not feel fair, but it’s necessary if you’re adamant about protecting those you love.

WE’RE HERE TO HELP A referral is the greatest compliment you could ever give us. If you know someone in need of our services, we welcome the opportunity to help. Please pass along this newsletter and tell them to give us a call at (813) 259-0022. We greatly appreciate it.

-ScottDistasio

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(813) 259-0022

SOMETHING IN THE WATER WHY ROB BILOTT TOOK ON DUPONT

property provided water for all the cattle and wildlife in the area. Since the sale, the stream had become frothy and discolored, and the animals that drank from it were sick, malformed, or dead, including 153 of Tennant’s 200 cows. When Bilott stumbled upon a letter from DuPont to the Environmental Protection Agency (EPA), the real horror story began to emerge — one that went far beyond the boundaries of Tennant’s farm and into the drinking water of every American. The letter mentioned a mysterious chemical called PFOA, and Bilott requested documentation from DuPont to find out more about it. However, the company refused, so Bilott requested a court order. Soon, dozens of disorganized boxes filled with thousands of 50-year-old files arrived at Bilott’s firm.

Rob Bilott never should have agreed to represent Wilbur Tennant’s case.

The cattle farmer had presented evidence of the strange malady plaguing his cattle to lawyers, politicians, and veterinarians in Parkersburg, West Virginia, but no one took Tennant’s case seriously.

in the mess of documents, but soon, his time as an environmental lawyer helped him see the bigger picture. It became clear that DuPont had orchestrated a massive cover-up regarding their use of PFOA. PFOA is used in the manufacturing of Teflon, and the company had knowingly exposed workers and the Parkersburg water supply to it. Bilott filed a class-action suit as a medical monitoring claim on behalf of the people of Parkersburg, and, as of 2011, a probable link between PFOA and six health conditions, including two types of cancer, has been found.

But when Bilott saw the evidence for himself, it was clear that something was wrong.

The videos and photographs Tennant had collected showed cattle with patchy fur, growths and lesions, white slime coming from their mouths, and staggering gaits. Tennant told Bilott that the abnormal behavior and physical deformities had started after his brother Jim sold his property to DuPont, a chemical company with a big presence in Parkersburg. Jim’s property bordered on Wilbur’s, and a stream running from Jim’s

He was worried he wouldn’t be able to find anything incriminating or even conclusive Because of the medical monitoring claim, plaintiffs can file personal injury lawsuits against DuPont. So far, 3,535 people have. If it weren’t for Bilott and Tennant, the public might have never known the dangers of PFOA. DOYOUR PART TO KEEP AMERICA BEAUTIFUL And Maintain Green Living Spaces for Everyone

jogging and picking up litter, which takes care of your health and keeps your community clean. Anybody can do it: Just throw on your running shoes, grab a bag, head out the door, and pick up any stray bits of trash you see on your morning jog or evening walk.

to better the place you live in. Here are three ways to show your appreciation for a green America this month.

Have you ever walked through a park and seen a plastic bottle or wrapper lying on the ground? If so, did you pick it up and properly dispose of it? You might not have realized it, but in that moment, you took a small step toward keeping your community — and, by extension, America — beautiful! April is Keep America Beautiful Month, and folks who celebrate aim to help each community in every state stay clean and green. Created by the nonprofit organization Keep America Beautiful, this holiday offers a perfect opportunity to roll up your sleeves and work

VOLUNTEER FOR THE GREAT AMERICAN CLEANUP.

IMPROVE RECYCLING THROUGH EDUCATION.

This event is one of America’s largest community improvement programs, with hundreds of thousands of people

An important goal during Keep America Beautiful Month is to spread awareness about recycling. There are various ways to educate those around you about recycling and encourage them to do their part. At work, for example, you can volunteer to lead a recycling initiative by printing off guides and fostering discussions on why recycling is so essential. At home, you can make a commitment with your family to fulfill the three R’s of recycling: reduce, reuse, recycle. To discover more ways to participate in Keep America Beautiful month, visit their website at KAB.org today!

participating each year. In 2019, over 550,000 volunteers participated in the GAC to bring natural beauty back into their communities. 2020 marks this event’s 22nd year, and you can be a part of it this month! Volunteer your time with a local Keep America Beautiful affiliate or another community improvement program close to home. Do your part to clean up your parks and spread awareness today.

START PLOGGING.

If you’re passionate about staying active and cleaning up your neighborhood, then this is the perfect activity for you! Plogging combines

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TAKE A BREAK

Few things change faster than the internet, and how we connect with the internet is constantly evolving. When it comes to wireless capabilities, fourth-generation (4G) networks have been the norm for 10 years. But 4G couldn’t meet demands forever, and there’s already talk of a fifth-generation (5G) network taking center stage. So, what makes 5G different from 4G, and how will it affect consumers and their internet-enabled devices? Simply put, 5G is the fifth generation of wireless technology that enables mobile devices like cellphones and stationary devices like desktop computers to send and receive data without being physically connected to a network via cables. As technology improves and more connection points are established around the globe, new network generations are “released” to represent significant advancements in speed and reach. Consumers will notice the rise of 5G mostly with their smartphones. Apps and services that function using the internet will have fewer delays, faster loading times, more reliable internet access in remote locations, and more stable downloading and uploading capabilities. Experts predict that 5G will provide download speeds of up to 10,000 megabits per second, which is roughly 100 times faster than 4G. While it can take a 4G network upward of 15 seconds to download a simple 5-megabyte music file, a 5G network will be able to download an entire movie in less than two seconds. SO, WHAT IS 5G? A New Horizon in Wireless Technology WHAT ARE THE BASICS? HOW POWERFUL WILL IT BE?

EASY DEVILED EGGS

While the kids hunt for Easter eggs in the yard, whip up this easy deviled egg recipe for a hearty snack that’s sure to satisfy any craving.

Ingredients

WHAT’S NEXT?

1/2 tsp ground mustard

1/2 cup mayonnaise

Salt, paprika, garlic powder, and pepper, to taste

2 tbsp milk

These network updates are all about speed, but that doesn’t mean you should rush to switch your cellphone over to 5G. Many providers are still testing the service with select markets, and a full rollout of 5G isn’t expected until later this year. Check with your network provider about the options they currently offer and get ready to connect with the world like never before.

1 tsp dried parsley flakes

12 large eggs, hard-boiled

1/2 tsp dill weed

Fresh parsley, minced, and paprika for garnish

1/2 tsp fresh chives, minced

Directions

1. In a large bowl, combine mayonnaise, milk, parsley flakes, dill, chives, mustard, salt, paprika, garlic powder, and pepper. Mix well and set aside. 2. Cut eggs lengthwise and remove yolks carefully to preserve egg whites. 3. In a small bowl, mash yolks. 4. Mix mashed yolks with mayonnaise mixture. 5. Spoon or pipe the mixture back into the egg whites. 6. Garnish with fresh parsley and paprika. Refrigerate before serving.

Inspired by TasteOfHome.com

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(813) 259-0022 | www.distasiofirm.com LIFE & THE LAW

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ALF/Nursing Home Abuse | Medical Malpractice | Wrongful Death |

INSIDE THIS ISSUE

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The Trouble With Nursing Home Care

The Lawyer Who Took on a Multibillion-Dollar Company Keep America Beautiful

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Easy Deviled Eggs 5G Made Simple

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The History of Libraries in America

THE OLDEST LIBRARIES IN AMERICA A STORY OF MANY FIRSTS

A FEW MORE FIRSTS

What’s the oldest library in America? It’s an easy question to ask, but it has an unexpectedly complicated answer. Before the Industrial Revolution generated greater interest in public services, a library’s function and purpose varied widely. Several libraries in the United States claim to be the country’s “first,” but for different reasons. Some believe Harvard University hosted the first library in the United States. Harvard was the first university in the United States, founded in 1636, and clergyman John Harvard seeded the library with a 400-book collection. Soon after, however, Thomas Bray, another clergyman, began establishing the first free lending libraries throughout the colonies to encourage the spread of the Anglican Church. Not surprisingly, most of the libraries’ holdings were theological. COLLEGES AND THE CLERGY

During the 1700s, a few more “first” libraries were established. In 1731, Ben Franklin and a few others started the first subscription library in the United States. Members of subscription libraries could pay to buy books or borrow them for free. In 1757, 60 men founded the Library Company of Burlington in New Jersey, and Thomas Rodman received a charter from King George II to operate the business in 1758. The library still operates under that charter today. The Library of Burlington was the first library to operate out of its own building after a prominent resident donated the land in 1789.

Hampshire, at a town meeting. It was the first tax-supported free public library in the United States and in the world. Not long after that, the Boston Public Library, known as the “palace for the people,” became the first municipal public library in the country. The Boston Public Library was also the first library to have a space specifically for children. Out of all the “first” libraries in the country, these are the most probable progenitors of most libraries today — even if they weren’t exactly “first.”

BY THE PEOPLE, FOR THE PEOPLE

In 1833, just as the Industrial Revolution was picking up steam, the Peterborough Town Library was founded in Peterborough, New

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