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April 2019
Care and Concussions How Patience Makes a Difference
Working in personal injury law, you’re going to see a lot of concussions. This type of brain trauma is all too common in falls, car accidents, and sports injuries —with an estimated 3 million Americans living with its debilitating effects every year. While I’ve represented many people who’ve dealt with being concussed, I’m not going to write about this condition as a lawyer. Rather, I want to share my own experience as a father who watched his youngest son’s struggle. notes when he suddenly went limp. I can’t stress enough how terrifying that phone call is — learning that your sixth-grader inexplicably lost consciousness in the middle of the day. My wife and I rushed Brett to our local hospital emergency department. A few tests revealed the truth: our boy had a concussion. before, but nothing unusual. That’s what makes concussions so dangerous — they can take time to make themselves known. Many of the symptoms of a concussion are subtle, affecting the brain, not the body. It took this first fainting spell for us to realize that there was something wrong. A couple of weeks after our initial hospital trip, a regional hospital recommended we take Brett to Riley’s Children’s Hospital for concussion-specific care, immediately. Brett couldn’t remember the moment that had concussed him. Thinking back to his football practice the day before, he had significant gaps in his memory. As time wore on, it became clear that this forgetfulness wasn’t just contained to this one moment, either. He struggled to recall information and prior events, regularly finding himself confused. And that wasn’t the only complication. On September 28, 2010, my son, Brett, abruptly passed out. He’d been sitting in class taking Brett had been fine that morning. He seemed a little sore from football practice the day
Seeking an expert opinion, we drove to Ohio tomeet with a neurologist who specializes in concussions. On the sprawling Cleveland Clinic campus, Brett became woozy. By the time we made it into the main building, he had to be carried up the stairs. Holdingmy son inmy arms as I climbed those steps, I began to realize just how tough a fight he had ahead of him. For months, I watchedmy son struggle against wounds the world couldn’t see. There was no cast, no limp, and yet every step was a battle. I’ve never had a concussionmyself, but I can say that just being there for Brett and watching his struggle was one of the most agonizing experiences of my life. I can only imagine what it was like for him. Confined to dark spaces, unable to attend school with his friends for months, dealing with unexpectedmood swings— it would be tough for anyone to bear, let alone a preteen. One day, while trying to walk, he yelled,“WHY CAN’T I BE OKAY?!”As a parent, what do you even say to that? If you have a loved one recovering from a concussion, the best advice I can give you is to summon all of your love and patience. The doctor will explain specific treatments to be followed. Your role is to help them stick to those treatments and provide a constant source of empathy. They will be irritable, they will feel alone, and they will be in pain. Just having someone there to listen to their experience in a way that acknowledges and validates them canmake all the difference in the world. It’s a very difficult job, but its importance cannot be understated. Around December, Brett’s steady recovery stalled. He was almost back to his old self but just couldn’t get over the last threshold. That’s when his neurologist told us that Brett had to be convinced that he had recovered. When dealing with this type of long-term injury, sometimes symptoms
become internalized, the doctor explained. So, I sat down withmy son and gave him the honest truth. I told him that I knew the last fewmonths had been tough and that I was so incredibly proud of him for getting through it.“But,”I said, “the doctor says it’s time to start being the person you are once again.”Brett took those words and ran with them. He picked up sports again, earning seven letters in his high school career. Now Brett’s a sophomore in college and just as active as he’s ever been. I know that it can seem like there’s no light at the end of the tunnel when dealing with concussions, but believe me when I tell you that this injury doesn’t have to define your life forever. The most important thing is to get treatment and have supportive family and friends there for you. While awareness of concussions has certainly increased in recent years, cases can still go undiagnosed. The symptoms don’t always manifest the same way, but if you experience any fogginess, confusion, or headaches after an accident or fall, you should get screened by a medical professional.
-Tom Wil son
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AND HOW TO SPOT THEM The 2 Most Common Ways Criminals Steal From Seniors
understand that it is never safe to give out financial information over the phone or via email.
Scamming older adults has become big business. According to the American Journal for Public Health, an estimated 5 percent of seniors are hoodwinked by criminals every year, and that statistic is thought to be a steep underestimate since so many scams go unreported. To stem the tide of seniors unknowingly giving $36 billion to scammers annually, it’s important for retirees and their loved ones to get savvy on the subject.
COMPUTER SOFTWARE SERVICE FRAUD This type of scam is slightly more sophisticated. First, a hacker will call a victim and claim to be a member of a tech support team or an employee from a trusted company like Microsoft or Apple. Then, they’ll tell the victim there is a problem with their phone or computer and that if they cooperate with the “tech support” representative, they can sort it out. They may also ask you to install a piece of software on your device or provide credit card information to “validate your software.” The fact is that well-known tech companies will never send unsolicited emails to ask for your personal or financial information, and they definitely won’t ask you to install some shady software on your computer. If you ever receive a call out of the blue from “Microsoft,” hang up the phone immediately. The first step to stopping these criminals in their tracks is to be aware of their tactics. With these tips in your arsenal, you’ll be able to defend yourself and your bank account effectively.
Here are the two of the most common scams older folks fall prey to — and how to avoid them.
ADVANCED FEE FRAUD The most common con in 2017 and 2018 was the classic “You’ve won a sweepstakes!” scam. Victims are told they’ve won some exorbitant amount of money, but they must pay a fee to receive the prize. After the “fee” is paid, victims receive a fake check in the mail, but by the time it bounces, the scammers are gone and they’ve taken the money. If you ever receive a contract from an unknown entity out of nowhere, you should start seeing red flags. Unless you remember entering a contest, there is no chance you’ve won something. And it’s vital to
Exploring the Crimes of Antarctic Wildlife LEGAL CASE STUDY: ADÉLIE THE ROCK THIEF
On an island off the coast of Antarctica, a BBC film crew caught footage of a naughty penguin engaging in criminal activity. In the video, as one male Adélie penguin leaves his nest to search for additional rocks to add to it, his neighbor waddles over, removes a rock from the nest, and carries it back to his own. When the first penguin returns from his search, his neighbor plays it cool, but at each opportunity, he repeats the crime and steals his neighbor’s rocks.
additional items, that could be considered a new crime and result in additional charges. So, since the neighbor penguin takes a rock, leaves the scene of the crime, and returns, he could be found guilty of multiple theft charges. If he’d decided to go big and take his neighbor’s entire nest at once, he might’ve been charged with grand theft.
Now, if the penguin who was stolen from had used force to protect his precious nest rocks, the case would be complicated even further. Allowable force is generally limited in cases of theft. To prove self-defense, the victim penguin would have to show there was a threat of force against him, that he didn’t provoke the neighbor penguin in any way, and that he didn’t have the option to escape. From a legal perspective, it was probably best that the victim penguin didn’t use force. For now, we’ll leave the Adélie penguins to their nest-building business and save the legal cases for the human world.
While animals aren’t actually subject to legal action, and the Adélie penguin was only behaving according to natural instinct, the fine writers for the blog Legal Grounds point out that the rock thief situation presents an interesting legal case study.
By taking his neighbor’s rock and putting it in his own nest, the neighbor penguin committed an act of theft. Theft is defined as “the taking of someone else’s property with the intent to permanently deprive the victim of that property.” In some places, when a thief leaves the scene of the crime, the theft is considered complete. If the thief returns and steals
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TAKE A BREAK
The Best Opening Days in Baseball History PEANUTS AND CRACKER JACKS Baseball’s opening day has been an American holiday of sorts since the Cincinnati Red Stockings threw out the first major league pitch in 1869. To celebrate the start of the 150th season of professional baseball, here are three of the best opening days in baseball history. A NEW BEGINNING On April 15, 1947, an opening-day game changed the course of Major League Baseball. On this day, Jackie Robinson started for the Brooklyn Dodgers, becoming the first African-American player to start for a major league baseball team. Robinson’s historic showing was lackluster, going 0-for-3 at the plate and making a solid showing on the infield at first base, but his mere presence in a Dodgers uniform had already broken history. Despite his nationally- recognized skills — Robinson was named MVP of the MLB farm team league in 1946 — the backlash that followed his rise to the pros, both from fans and teammates, was palpable. Still, as well-known sportscaster Howard Cosell said, “Suddenly, it was a new beginning.” LOU, COMBS, AND BABE — OH MY! Considered one of the best teams in baseball history, the 1927 New York Yankees started their historic run and 25th season by dismantling the Philadelphia Athletics with a score of 8-3. The slugfest was true to form for the 1927 Yankees, whose players would go on to make up baseball’s famous “Murderers’ Row.”With sluggers like Lou Gehrig, Earle Combs, Babe Ruth, Mark Koenig, Bob Meusel, and Tony Lazzeri, it’s no wonder this team went on to win its fifth championship that year. THE HAMMER TIES BAMBINO For decades, no one could match George Herman Ruth. The Great Bambino’s all-time home run record seemed like an impossible feat of strength — that is, until Henry “Hammerin’ Hank” Aaron came along. On opening day, April 4, 1974, Aaron smashed his 714th homer, tying Babe Ruth for the most home runs ever hit and extending the Atlanta Braves’ shutout lead over the Cincinnati Reds. A few weeks later, Aaron surpassed Ruth’s record, prompting a standing ovation from the crowd.
PASTA PRIMAVERA
Ingredients
• 12 ounces pasta, ideally fusilli • 1/2 pound broccoli florets
• 1 pint cherry tomatoes, halved • 1/2 teaspoon crushed red pepper flakes • 1/2 cup grated Parmesan cheese, ideally Parmigiano- Reggiano • Kosher salt, for pasta water and to taste
• 2 carrots, shredded • 1 yellow bell pepper, cut into strips
• 1/4 cup extra-virgin olive oil • 4 cloves garlic, thinly sliced
Directions
1. In a large pot, liberally salt water and bring to a boil. Add fusilli and cook according to package directions. Add broccoli, carrots, and bell pepper during the last 2 minutes of cook time. 2. Drain the pasta and veggies, reserving 1/2 cup of cooking liquid. Return pasta and veggies to pot. 3. In a large skillet, heat olive oil to medium heat. Add garlic and cook until translucent and golden, 30 seconds. Add tomatoes, red pepper flakes, and 1 teaspoon salt. Cook until tomatoes are wilted, about 2 minutes. Stir in reserved pasta water. 4. Add tomato mixture to pasta pot, stirring to coat evenly. 5. Divide into bowls, top with Parmesan cheese, and serve. Inspired by Food Network
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INSIDE THIS ISSUE
1 2 3
Tom’s Concussion Story
2 Tactics Criminals Use to Steal From Older Adults A Chilly Legal Case Study Pasta Primavera 3 Great Opening Days in Baseball
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3 Hilarious April Fools’ Pranks Played by Businesses
COMPANIES THAT PARTICIPATE IN APRIL FOOLS’ DAY 3 Hilarious Pranks Played by Businesses
BURGER KING’S CHOCOLATE WHOPPER Just last year, Burger King fooled hungry customers by creating the Chocolate Whopper. The imaginary fast-food treat is made with chocolate cake buns, a chocolate “beef” patty, raspberry syrup as the ketchup, rings of white chocolate as the onions, milk chocolate as the lettuce, vanilla frosting as mayo, and candied blood oranges as the tomatoes. This prank was quite a creative feat by Burger King staff, and
April Fools’ Day might be the only appropriate time of year for you to prank your friends or coworkers with gags like dipping an onion in caramel and offering it as a candy apple or loosening the tops of the salt and pepper shakers. It’s also the one day of the year when big companies get to join in the mischief as well. Check out these company-wide April Fools’ jokes that left millions of people scratching their heads. NETFLIX’S PSA In 2015, everyone’s favorite online streaming company issued a PSA that warned binge- watchers all over the world of the social, physical, and psychological dangers of watching too much TV. In fact, if viewers watched more than two consecutive episodes of a show on April 1, they were greeted with a PSA from popular actors, like Michael Kelly from “House of Cards” or Taylor Schilling from “Orange Is the New Black.” Some stars even told Netflix users to “Turn off the TV and take a shower. You stink!”
merely watching the advertisement spiked glucose levels everywhere.
EHARMONY’S ‘FUREVER LOVE’ DATING SERVICE FOR DOGS Perhaps the most wholesome prank that’s ever been peddled to the masses was the launching of eHarmony’s FURever Love: Canine Compatibility Companion Service. The dating website claimed that based on the algorithms they use for creating compatible human relationships, they built this service to “create robust profiles for dogs based on key dimensions of their personality.” The biographies they created for the pups’ profiles included canine mate preferences, like “Looking for a tug-o-war partner,”“Must love squirrels,” and “It’s been ruff finding a quality stud to go on walks with.” While these April Fools’ Day jokes were all made in jest, the pranks certainly kept audiences guessing long after April 1 had passed, and it’s not hard to see why.
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