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Over a year ago Bordas & Bordas, PLLC brought you information about the massive safety concerns surrounding exploding gas cans and how the manufactures of those gas cans could take a simple and inexpensive step to avoid catastrophic injury to their consumers. This story is now making national news. NBC News Investigations has prepared an investigative article about this issue. The story aired on the TODAY SHOW on December 4, 2013. The story highlighted that after significant testing and inquiries, the United States Consumer Product Safety Commission has issued a statement calling on the consumer gas can industry to incorporate flame-arrester technology into gasoline containers. For your ease and enjoyment, we have republished attorney Jeremy McGraw's previous article on the topic below: Nearly all of us are familiar with red portable gas cans. We keep them in our garages and outbuildings and use them to fuel our lawn mowers, generators, and other small engine tools and equipment around our homes and at work. These portable gas cans are relatively cheap and can be picked up at about any store. Many of these cans, however, pose a danger that can simply be prevented. Exploding gas cans have killed and injured many people over the years. In 2008 Dan Rather conducted a lengthy investigation into exploding gas cans and his entire report is viewable on You Tube. As one might expect, civil litigation has followed. Through investigation, discovery, and government and independent research studies, it has been determined that the inclusion of a "flame arrestor" on gas cans greatly reduces the chance of any gas can ignition. These arrestors largely prevent open flames from entering into a gas can through the pour spout and igniting the vapors and fluid in the can. One might expect these flame arrestors to be expensive complex units, but the truth of the matter is that a simple piece of metal mesh is all that is needed to reduce the risk of these types of explosions. The cost of producing and including such flame arrestors is in reality less than one dollar. In 2011, Dan Rather returned to his 2008 investigation with an update. Unfortunately, even after additional research and publicity on the issue manufactures have continued to exclude the inexpensive arrestors on their products. One major producer of gas cans, Blitz USA, has been the subject of several cases involving the explosion of gas cans without flame arrestors. In those cases it has been shown that Blitz USA simply decided to avoid the extra cost of installing the cheap flame arrestors to keep its costs down and increase profit. Not surprisingly, the big business interest groups have latched onto the Blitz USA cases to push their tort reform agenda. Sadly, chasing the almighty dollar takes priority over the hideous burns, scarring, deaths and other personal injuries that result from not including this simple safety feature. For more information about the big business tort reform agenda and the lengths that these special interests have gone to in order to limit the constitutional rights of U.S. citizens check out the very informative documentary "Hot Coffee." The Blitz USA cases stand as simply another example of large companies choosing profits over people. Bordas & Bordas, PLLC has consistently taken on large companies that have chosen profits over people. Our verdicts and settlements in such cases stand as a testament to those injured people who have decided to stand up for the rights of all Americans. The more people who join together to beat back the corporate malefactors who refuse to do the right thing and implement safety features to protect the public, the better off we'll all be.

There is not a day that goes by that I don't hear a story in our office about telephone calls we receive by people in need. Many of the people who call don't really have a case that will be filed in a court of law, but rather have an issue that is bothering them that needs to be listened to, addressed and have suggestions offered for resolution. There have been numerous times over the course of my practice of law that people on the other end of the phone have thanked me simply for taking the time to listen. It still surprises me, even today, when I am thanked simply for listening. One would hope that most would listen even if they are not able to act on the problem that is being presented. Nonetheless, that doesn't seem to be the case. There are oftentimes things I would much rather be doing than listening to a person talk about a problem that I know will be a case that we will not be able to take. As a lawyer, I have a duty as a brother of lawyers to listen so that the public receives a good impression of me and lawyers in general. If for no other reason, I would encourage other lawyers to take the time to accept phone calls and listen even though you know from the first few seconds of the conversation that the caller is describing to you a case you will not be able to take, still pay respect to the individual by listening to the problems they are presenting you. I have found this listening thing to be a lifelong quest. Certainly, I have had my wife tell me a number of times that she said something when I simply must not have been listening. That is a problem I've been working on since the day we got married. I am still not as good as I would like to be but I am much better than I was as a young husband. Listening can be an art form and is something I believe we ought to aspire to develop simply because it is the right thing to do. Listening can, at times, bring big monetary rewards. I have had three major examples of cases that paid big dividends in which I simply listened and asked questions when no one else would. The first was a gentleman by the name of Dale Riggle who, along with his wife, Millie, came into my office in Elm Grove before my wife graduated from law school. Dale wanted a will. As I talked to him further, I determined he had a social security issue that needed resolved. In talking and listening further, I learned that Dale had been exposed to and injured by chemicals at the Allied chemical plant in Marshall County, West Virginia. I took Dale on as a client and ultimately tried his case and recovered one of the largest toxic tort verdicts in the history of the state. It was followed up by a bad faith case against the defendant's insurer and I was able to receive a substantial fee as a result of my representation of the Riggle family. Although Dale recently passed away, I continue to count Millie as a good friend of mine. The next case was the case of Marylu Marook. Marylu was a woman who was being sued by what was formerly known as Bank One, at the time one of the largest banking corporations in the United States. This case started about the time Linda graduated from law school in 1985. I was not the first lawyer with whom Marylu discussed her issue. As a matter of fact, she told me she had talked with twelve other lawyers, all with offices in Ohio, before she decided she would contact me, the only West Virginia lawyer with whom she spoke. She told me that I was the only one who would listen to her. In listening to the story about how she came to be sued for over to $200,000.00, I became incensed by the conduct of the bank. I continued to listen to Marylu tell her story for about an hour and a half. I asked some questions but mostly listened. I agreed to undertake Marylu's defense on a pro bono basis but told her that I thought we should file a counter-claim, and I would charge my regular fee for the counter-claim. I had no idea at that time as to what my chances might be with respect to the counter-claim and had never represented a single client in a lender liability case. The bank was represented by a Jackson Kelly attorney who was one of its top litigators at the time. It was a very daunting task for me, at that point in my career, to take on Bank One and the Jackson Kelly litigator, for the most part, for free. Nonetheless, Marylu had convinced me that the bank's case had no merit and she was greatly wronged. The bank made no offer to settle the case until the day the case was set to go to trial. As we were walking in the courtroom, the bank's corporate lawyer offered $50,000.00 to settle the case. By that time, I had advanced more than double that in expenses, most of which went to the experts I retained and for the numerous depositions that were taken of all the witnesses in the case. This was the last twelve-person jury to which I presented a case, as the rules in West Virginia changed and cases are now presented to a six-person jury. The twelve-person jury, I was later told by the foreman, had arrived at their decision within a half an hour. However, they respected and liked the defense lawyer and did not want to embarrass him by coming back with a verdict in half an hour. The verdict they first decided on was $10 million. The foreman told me that they later reduced that to $2.5 million because they felt the West Virginia Supreme Court would set that aside as being too generous. The foreman also told me that while the jury was out for two hours they spent the time telling each other about themselves in order to pass the time. This case, likewise, paid big dividends inasmuch as I earned a substantial fee for the counter-claim that I filed on Marylu's behalf. The third example of listening was the most recent lender liability case that Jason Causey and I tried in Ohio County. It was on behalf of the Browns, a mother and daughter who were about to be kicked out of their home because of what had transpired during their dealings with Quicken Loans. Many of you who are reading this blog may be aware of the Quicken Loans case. It has been in and out of the news for the past couple years due to the substantial verdict that was recovered by me and Jason on behalf of the Browns and which later was argued in the West Virginia Supreme Court. After remand to the Circuit Court, the trial court verdict in the millions was actually increased. That multi-million dollar verdict came about after I listened to Monique Brown sobbing in my waiting room telling her story to our receptionist as to how she was going to have to move out of her house. She went on to tell me that her mother was going to let the bank take the home. I called Monique into the office, listened to her story and told her I would help. The point I am trying to make is that it is not only morally correct to take the time to listen, but it also can pay big rewards. The obvious reward is a better relationship with your spouse, children, parents, office staff and others. It can also bring about monetary rewards as shown in this blog. The results in a legal case depend on a variety of factors, many of which are unique to each case. Prior results by this firm or any other do not guarantee future results. Case results presented here are illustrations of the type of work done by Bordas & Bordas and not a guarantee that any prospective case will yield any particular amount.

Now is your chance to win three lower level tickets to see the Steelers take on the Dolphins, this Sunday, December 8. Grab your two best friends, throw some hotdogs on the grill, throw back some Iron City and you'll be good to go. Just share this entry, text the keyword STEELERS to 22828 (standard text messaging rates apply) and like our facebook page. Good luck! The winner will be drawn this Thursday. Be watching our Facebook and your email for notification! For rules pertaining to all of our contests, please find them here.

As my children get in the car, I always say those two words as I back out of the driveway,-SEATBELTS ON? I check all the mirrors and am ever so cautious by looking into the rearview mirror every three seconds. I feel as though I am saving an important document on my computer, as I check for all possible problems in my way. After all, I am carrying some very special cargo. Now, I must turn the wheel over to my son. I am on child two out of my four that's learning to drive. With the first child, I wanted no part of the training process. However, as their father's work schedule is insane these days, this time, it has become my duty to hone my son's skills. As I ride shotgun ready to jump across the seat for the brake, as my hands sweat heavily, I must be calm realizing how critical it is to teach him to be a knowledgeable defensive driver. While we practiced, I admit some funny things happened that I tried not to  chuckle openly about, like the time the automatic window wipers came on and he did not know how to turn them off or when he took a little extra wide turn going a little faster than he should have upon entering our street and a neighbor coming the opposite way laughed hysterically as I chewed him out. Or even the time my friend was driving behind us and unbeknownst to her who it was until after the fact told me how her husband was griping because the car was going so slow and as they saw hands frantically waving, they realized a mom was teaching her son to drive, but upon closer examination noticed it was me and my son. My heart dropped as I learned my brother had let him loose in his brand new Mercedes on the highways of Cleveland to make a quick jaunt off to Starbucks. Aside from all that, I realize the importance of helping him develop confidence so he can be prepared once he is released to the road without supervision. In addition, I drilled into his head that texting, talking on the cell and worrying about the next song on the radio are off limits behind that wheel (not to mention the ramifications of speeding and disregard for the rules of the road)! I ask you to keep in mind a couple things my Gram taught me as she and my Pap undertook the grueling task of teaching me to drive. They left me with some things to think about that I've never forgotten to this day. They told me to never tailgate or be angered by someone driving too slow or not paying enough attention. Worry about your own driving and be protective. Situations arise. You don't know if it's an elderly person trying to get to the hospital because they think their having a heart attack or perhaps someone is out of sorts because they just received some upsetting news. It could even be a teen simply learning to drive. Always be aware of others while on the road as we are, in reality, handling what could be a very dangerous weapon. Keep in mind this could be an inexperienced driver for the first time in unfavorable weather conditions or maybe just a bit timid yet. Help keep them safe during their growing experiences. From me and my precious cargo, please pay attention and proceed with caution! -- Erin M. Dodd

As the Ohio Valley, like much of the United States, is facing serious winter storms this Thanksgiving holiday, we have decided to re-post the following entry about safe winter driving practices from attorney Zak Zatezalo for your use and enjoyment. Have a very Happy Thanksgiving, and please stay safe, wherever your travels may take you. With the winter driving season again upon us, nearly all families will have reason to be out on the road in the dark, cold conditions of the next 3-4 months. Winter driving brings additional hazards, particularly in the more northern regions, like ours, that get a lot of snow and ice. Making time for a few preparations can help keep families safer and help motorists deal with an emergency. Preparation starts with the car itself. On your car's outside, check the battery, tire-tread, antifreeze and windshield wipers. Keep your windows clear and be sure to keep adequate amounts of "no-freeze" window fluid in the car's washer reservoir. Inside, keep a flashlight, jumper cables, abrasive material (sand, kitty litter, floor mats, etc.), a shovel, snow brush and ice scraper, bright colored flags, warning devices (like flares), blankets and hand and feet warmers. For longer trips, check the weather and allow plenty of time. Be familiar with maps and directions, and let others know your route and arrival time. Bring food, water, medication and a cell phone along too. Practice cold-weather driving. During the daylight, rehearse maneuvers slowly on ice or on snow in an empty lot. Remember, stopping distances are longer on water-covered road and on ice, so give yourself space. Steer into any skids and know what your brakes will do (i.e. stomp on antilock brakes, pump on non-antilock brakes). If you're traveling with children, please make sure to properly install your car seats and obey all vehicle safety regulations. Car crashes are the leading cause of death for children over age 3 in the U.S., and cause over 140,000 children's emergency room visits each year. Properly seating a child in a car seat or booster seat, in the back of the car, greatly reduces the risk of injury or death, but many parents don't follow the guidelines. Always make sure that your infants and toddlers ride facing the rear of the vehicle until at least age 2 and in a seat with a 5-point harness up to the highest weight or height allowed by the manufacturer, regardless of their age. Make sure your school-aged children ride in a belt-positioning booster seat until they reach 57 inches tall, the height of an average 11-year-old, and keep your child in the rear-seat until they reach age 13. It is also critical to make sure that your children's car seats are properly installed. Be sure to consult and follow the installation instructions that come with the car seat and have the installation professionally inspected. States offer this service for free and you can find your nearest inspection station by clicking here. Finally, if you do find yourself stopped or stalled this winter, stay in your car, don't overexert yourself, put bright markers on your antenna or windows and shine your dome light. If you run your car, clear your exhaust pipe and run it just long enough to stay warm. Don't idle for a long time with the windows up or in an enclosed space. Making a little time for a few simple measures this winter season will help keep you and your family safe out on the road.

Last April, I wrote a blog titled Get Up and Get Moving. I spoke of some reasons to engage in a regular exercise program which included some of the emotional and physical beneficial payoffs. I hope many of our readers were able to utilize this in an effort to get fit and healthy in time for summer fun, but here comes my follow-up. Thanksgiving, Christmas, New Year's, all the trimmings and the ever so chilly weather. These are many good reasons to hibernate, become idle, and partake in overeating. Don't let weight loss be your New Year's resolution. You can beat the odds. The average weight gain over the holiday season is 7 to 10 pounds. Wow! That's a lot, and if you don't believe me, attach a 10 pound sack of potatoes to your back and run up a set of stairs. IT'S NOT WORTH THE EXTRA COOKIE!!! Besides, the gain over less than a 2 month period will most likely take you double the time and a lot of extra effort to shed those pounds. Put your plan in place right now. At least minimize your chances of being the average person this holiday season. Offset the chances by either cutting back on the extra goodies and/or work-out in effort to minimize winter damages. When the weather is cold, I don't like to get outdoors as much, therefore I don't jog and the treadmill can be rather boring. So, thanks to Attorney Jason Causey and his wife Jen, I have borrowed and fell in love with the Insanity workout program to get me through the winter holidays. This is a killer program and I may not do it as often as I should, but I certainly intend to implement some physical activity through the winter to reduce my chances of becoming the average statistic as I have very little willpower over sweets. Therefore, as you enter your holiday season, be merry and enjoy, but take special care of yourself too; everything in moderation to be and stay fit for the holidays!

I sat in the rocking chair in the nursery in our house holding my youngest child, alone. I may have sat there thousands of times and have rocked four different babies in that chair, but at that moment, time stopped. I looked around the room and saw the crib and changing table and reminisced about where they were situated in our old house. The place we lived before living where we do now was the place I spent my first pregnancy and brought home my first baby- my six year old daughter, Alexis. I remembered vaguely, although only a short six years ago, how the crib lay in the back right corner of the room at our old house. And how the changing table was along the wall across from the crib. I looked up on the armoire and saw the big white stuffed bear that I got at my baby shower and tried hard to place where exactly his home was before moving here. Sadly, I just couldn't clearly picture it. By this time, my baby, Matt, was slowly fading to sleep, and as I heard the sounds of bath water running in the next room, and the voices of my three older children giddy and over-stimulated for bath time, I continued to get nostalgic. I glanced up at the wall and saw that it was still decorated with the pink wooden letters A-L-E-X-I-S. Despite having had three subsequent children who have taken possession of this nursery since Alexis, I never changed the name on the wall, even though they all have their own wooden letters spelling out each of their names as well. I couldn't help but wonder whether it was subconsciously intentional that I have let them stay there all this time? Had I been unable to leave those precious memories as exactly what they are- memories? The sounds from the other room then completely faded away and I was lost in deep thought. I thought to myself "Oh my gosh, I am where I imagined myself being years ago! I am at that point where the thoughts I had in the past about my future have become my present. I used to imagine my life filled with many children and living in this house and now I am here. But why does it seem like I only blinked and made it here? And why is it so hard to remember exactly how everything was before?" Let's face it, it had only been six years! Then, my daughter walked into the room. The room suddenly got bright again and I could hear the sounds around me. I was out of my moment. I felt the dampness of a tear on my cheek as she sat and looked at me. She and I spoke of her basketball game that she had just played and I told her how proud I always am of her. She turned to go to the other room to get her bath and I yelled to her that I love her. I then looked at my seven-month-old son's face now asleep on my chest, almost exactly the same age my daughter was when we spent our first night in this house. He had the same angelic and peaceful look she had as she slept on my chest those six short years ago. I then looked back at her as she walked away- tall, confident, independent. As my eyes drifted back into the nursery, I glanced at the TV on the wall and thought to myself "If only life had a rewind button."

As an Irish Catholic Democrat (my ancestors were Haggerty, Finnegan, and Gainer), I have always been especially fascinated by John F. Kennedy. Sadly, he was assassinated 50 years ago today. I have heard many stories from my parents' generation about where they were when they found out that President Kennedy had been shot. My dad has told me about how his entire student body at Charleston Catholic High School immediately gathered to pray. I have watched the movie JFK countless times. I even had the privilege of being taught criminal law at Notre Dame by Robert Blakey, who was the Chief Counsel to the U.S. House Select Committee on Assassinations that investigated the death of President Kennedy. Perhaps, all of these things contributed to my fascination with someone who died more than a decade before I was born. But, I think it was more than that. I think that the same things that caused so much of the American public to be enthralled with Camelot are the same things that drew me in. President Kennedy was a sharp thinker with a Harvard degree and Pulitzer Prize to show for it, yet he could play football as well. He could be found pondering serious issues with his brother, Bobby, the United States Attorney General, yet he had a wild side as well that would find him spending time with Marilyn Monroe. He was an eloquent speaker who wasn't afraid to take on important civil rights issues. He had a beautiful wife and children. He was a man who liked to be among the people. Sadly, though, a new generation of Americans either have not heard, or if they have heard have not listened, or if they have listened have not cared about some of President Kennedy's greatest words --- Ask not what your country do for you, ask what you can do for your country. I see this every day as people try to get out of jury duty, or try to earn money doing side jobs under the table so they don't have to pay taxes, or complain about the manner in which our government provides many of the freedoms we enjoy every day. I believe that we live in the greatest country in the world. But, to stay great it takes everyone working together and believing that we all have a role to play. Just like in any family or group, some do more than others and that's ok. Each of us are given different abilities, different levels of intelligence, and different resources with which to work. Our task --- no, our obligation --- is to use what each of us has been given the best that we can. It is time to stop worrying about whether the other guy is doing his share or whether he is getting more from our government than I am. It is time to say what can I do to contribute to making this nation great. If we fail to do that, then President Kennedy's famous words from his inaugural address might as well fade into the sunset. I think we are better than that. I think that a new generation of Americans is capable of rising to the challenge and saying what can I do for my country. And then, surely, his legacy will go on.

Thanksgiving, Christmas, the Holidays -- a blessed time of the year! The hustle and bustle of shopping. Eating out. Baking cookies. Maxing out your credit cards... Folks seem nicer to each other, more generous, more thankful. Something I am most grateful for: the freedom to worship God and study His Word. I have been in an ecumenical Bible study since I moved to Wheeling in 2001 and have learned so much under the teachings of various well known and respected bible scholars. We are currently studying "Jesus the One and Only", by Beth Moore, one of my all-time favorite Bible teachers. What a great study for this time of year. This is a quote from the study: "A host of memories must have been dancing in her head: The angel's appearance. His words. Her flight to the hill country of Judea. Elizabeth's greeting. Their late night conversations. The first time she noticed her tummy was rounding. Joseph's face when he saw her. The way she felt when he believed. The whispers of neighbors. The doubts of her parents. The first time she felt the baby move inside of her. The dread of the long trip. The reality of being full term, bouncing on the back of a beast. The first pain. The fear of having no place to bear a child. The horror of the nursery. The way it looked. The way it smelled. The way He looked. God so frail. So tiny. So perfect. Love so abounding. Grace so amazing. Wise men bowed down. Shepherds made haste - each memory like treasures in a box. She gathered the jewels, held them to her breast, and engraved them on her heart forever." Beth Moore, from her book, Things Pondered. What a miracle! God in flesh, revealed to man. My tiny brain has a hard time grasping the idea of Immanuel, God with us. He holds the whole world in His hands and yet He came down to us as a baby in manger so He could be like us, live a perfect life, and redeem us. Crazy! He truly is the Great I AM. Something you may not know, Jim Bordas joined my Bible study group several years ago. He is an eager student, desiring to know more. He recently offered the use of our office to the Bible study group. How great is that! I hope you take time during the Christmas season to remember exactly what we are celebrating and find something you can be thankful for.

Through the Health Information Technology for Economic and Clinical Health Act of 2009, our government began a push for the implementation of Electronic Health Records (EHR), which was woven into the stimulus plan at the incentive price of $30 billion. It is a linchpin in President Barack Obama's plan for health care reform. Different vendors supply their EHR Systems to our hospitals, and one day these systems are all supposed to "talk to" each other. According to a proposed timeline, this year should effect more rigorous standards to command this digitally bound network of our health data. While the government claims the revolution in health information technology will, overall, identify safety problems, detect epidemics, and improve patient outcomes, as data of treatment and outcome data will be available for analysis by researchers who are bound by The Privacy Rule, The Security Rule, and The Breach Notification Rule under the Health Insurance Portability and Accountability Act of 1996, to protect the security and privacy of our records. To a great extent, our information is at risk. As Geoff Brown previously discussed, a major epidemic plaguing our nation is that of inexcusable "killer" errors. Unfortunately, these errors can also happen when hospitals incorrectly use EHR Systems. Such errors relating to EHR result in stories like these: The death of baby Genesis Burkett, who was administered a dose of sodium chloride more than 60 times the amount ordered by a physician at Advocate Lutheran General in Park Ridge At the Memphis Veterans Affairs Center, EHR system misuse led to the deaths of at least two emergency department patients As seen in the Huffington Post, "doctors and hospitals have reported to the FDA dozens of medical injuries--including six deaths and preventable heart attacks--caused by problems related to computerized health records such as software errors and unreadable computer screens. Some errors resulted in drug doses that were 10 times higher than intended. FDA officials called this the 'tip of the iceberg'." Researchers estimate it will take many years to connect and integrate EHR systems in the United States. As patients, we hope that the implementation of such systems will improve diagnosis, treatment, and outcome. The Mayo Clinic has not resolved issues attempting to make three of their major EHR systems interoperable. If we put things into perspective, it becomes very difficult to see a world in which all of our EHR systems talk to each other. Other issues include: Medication errors Privacy breaches of patient information Increased potential for fraudulent billing "Cloning" of information as it relates to billing Deletion of information as it relates to patient charts A matter of "electronic siloing" affecting the workflow of care providers This $24 billion market (slated to grow by 10% through 2015) of Health Care Technology has a lethal flaw: it operates without regulations forcing the reporting of any and all errors, according to Bloomberg. As of Summer 2013, there exists no central database to analyze adverse event information to properly address flaws that directly affect our care. Reporting is voluntary. It should present as strange that, in a world of technology and research, we must assume the roles of guinea pigs as well as patients. As patients, we must hold ourselves responsible for staying current and educating (to our full extent) our families as to the real and potential risks of these systems. We must actively participate in our health care--questioning our providers when necessary--and we must not remain silent. Indeed, every one of us spends important life moments as a patient, and so will our children and grandchildren in the next generation--voice your opinions to your providers and to your government representatives. Demand standardization and regulations so that errors are detected, reported, addressed, and prevented. Our lives depend on it.

One question lawyers get all the time is how a criminal defendant who "everyone knows is guilty" can plead not guilty and have a trial. Well, that's simply a function of how our system works. The criminal defendant, armed with the presumption of innocence, can "put the state to its proof" and require the government to put on a case that a crime was committed. A criminal defendant also has the "right to remain silent," guaranteed by the Fifth Amendment to the United States Constitution, meaning that a criminal defendant does not have to take the stand or make any statements about the crime. In civil cases, things are different. In a civil case there is no presumption of innocence. There is also no right to remain silent. Even so, that doesn't stop corporations, banks and other types of defendants in civil courts from behaving as though they are in criminal court. This was shown recently in a Toledo Hospital case. A young woman named Sarah Fudacz was in need of a kidney transplant. Her brother had been found to be a perfect match and decided to donate one of his two kidneys to save his sister's life. But rather than handle the kidney properly after it was removed from Mr. Fudacz's brother, however, the hospital personnel simply threw it in the trash. Needless to say, organs set for transplant are subject to strict protective rules and procedures. Care needs to be taken with them, for obvious reasons. The failure to follow those procedures and the act of throwing away an organ needed to save a life is "negligence," better described as carelessness or a failure to handle something according to the safety rules. This type of failure doesn't mean that the hospital has to close down or that the doctors or nurses involved lose their licenses. Far from it. This type of situation simply calls for the hospital to pay fair compensation to the victims for the harms and losses (in this case several additional surgeries) inflicted on the victims. Hospitals and doctors carry insurance for this type of situation. But often, companies and their insurers take the criminal court approach of deny and litigate even though they know they are at fault. The University of Toledo Medical Center, even though it admits throwing away the kidney, is headed into court to deny any negligence at all and to refuse to pay any compensation to the victims of this stunningly careless act. The hospital's behavior exhibits a common legal mindset among civil defendants. That is: "We did it. We know we did it. We know it was wrong, but we're still going to take our chances in court." This type of behavior is wrong. Throwing away a lifesaving organ is negligence, and the hospital can and should admit it. As Geoff Brown blogged recently, nearly 100,000 Americans lose their lives due to preventable medical errors every year. The stubborn unwillingness of certain medical corporations and providers to learn from their mistakes is exhibited in the Toledo Hospital case. When necessary tests are ordered but not performed and harm results, negligence has occurred. There should be no trouble forthrightly admitting to it, particularly when damages are "capped" in most states and, therefore, the price to pay is often relatively modest. Likewise, when appropriate monitoring of patients does not take place, as in Boggs v. Camden-Clark Memorial Hospital, or when appropriate follow-up care is not rendered after a surgery or procedure and harm or deaths result, compensation is owed. Medical corporations and providers should be happy to have their insurance company compensate the victims, and their focus should be on learning from what happened to make sure that it never happens again. Unfortunately, that's not what typically goes on in 2013. As shown by the Toledo Hospital case, no matter now clear-cut the negligence, medical defendants and their insurance companies often deny any fault, putting the plaintiffs through the expensive ordeal of trial, clogging up the courts, and wasting judicial resources. Because of the cost of these proceedings, largely imposed on victims and the courts by insurance companies hoping to "catch a break" by confusing the issues, muddying the waters, and persuading the jury to find against the victim, medical malpractice cases rarely see trial unless there is compelling evidence that a clear-cut act of carelessness was committed and the victim was harmed. Nonetheless, until the mentalities of these insurance companies change, our courts will continue to see more of these cases than really need to go to trial.

Have you ever thought about creating a bucket list? I'm not sure I understand the difference between a bucket list and fulfilling a dream. However, not so long ago, I had an occasion to consider what I would do if I was told that my days were numbered? What was it I needed to get done on that bucket list? A bucket list I guess that I hadn't even created in my lifetime yet here on earth. I couldn't answer that question, because the bucket list didn't matter. What mattered to me was my family: they are my bucket list. As far back as I can remember I saw myself growing up and becoming a mom and a wife with enough to live comfortably, but I've never needed extraordinary riches. I've always wanted to travel different places in the world and I've done that - sure, not all, but enough places that made me believe I was in paradise on numerous occasions. I never grew up to be a magnificent singer or actress or anything noticeably standing out as an accomplished individual, but I'm okay with that too because I'm a heck of a mom who can magically put a smile on my children's faces on their worst days and a good wife who can keep a happy home with a solid foundation. I've been fortunate to go through this life surrounded by a family that loves me and loves each other unconditionally. I have four children who are healthy and exceptionally kind hearted. I've had friendships that have been true and dear since childhood. Not to mention that I've experienced so very many events in my life that made me feel special or appreciated and how fortunate I undeniably was. Bucket lists don't matter because although I believe it's fine to live with goals and desires you would like to attain, I believe it's more important to remember that God is the only one with the true list and He will let each of us experience whatever He sees for us. So, don't be saddened if some of the things you wanted to scratch off that list never become a reality because it simply was not meant to be. Take a moment to look inside your life and appreciate all you have been blessed with and all you accomplish daily. Then, and only then, you will realize as I did that the answer is easy. I don't need a bucket list; I've been scratching things off that list that I never knew existed my entire life and for that I am thankful. Thankful because the reality is that all along, I've been living my dream. You do the same. God Bless