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Technophobe?

I have a reputation for being a bit of technophobe.  It really isn’t fair.  I’m not afraid of technology.  I’m cautious, that’s all.  I like to take things slow.  I dangle my feet in the shallow end of the techno pool instead of diving head first. Now I don’t pretend to understand everything about my personality, but I think I know where this technophobe stuff comes from.  I’m not very old--not by my own reckoning anyway.  I’m only in my 50’s.  But in my 50+ years I’ve seen a lot of technology come and go.  And, to be honest, that’s a little scary… When I was in junior high school, I liked math and my geometry teacher talked me into buying my first slide rule.  In a world before computers and calculators, the slide rule was a true technological wonder.  I still don’t know how it worked, but you could multiply, divide and do much, much more by simply moving the slider and the curser back and forth.  I decided I would invest in a luxury model--a beautiful, sturdy slide rule made of wood laminate that set me back around $75.  If you’ve ever watched Apollo 13, you’ll remember all the NASA engineers working feverishly on their slide rules, checking and rechecking their calculations.  That was me.  I had the newest gadget.  I was cutting edge.  I was high tech. But within a year or two my slide rule was reduced to dinosaur status.  Calculators began making their way onto the market.  I had to buy one.  I can’t say it was a “pocket” calculator because that would imply it would fit into a pocket.  Not this one.  No way!  As I remember, it was around eight inches long, six inches wide, and three quarters of an inch high.  Despite its monstrous size, this calculator did almost nothing other than the basics.  But $75 later, I was the proud owner of technology’s latest and greatest. Fast forward a year and I was using my new calculator as a paper weight.  I was getting ready for college and I needed a bigger, better and newer calculator.  So I plunked down $100 and I added a Texas Instruments (“TI”) calculator to my ever-growing collection.  It was probably only half the size of my first calculator, but this one had all the latest bells and whistles.  Logarithms.  Square roots.  You name it, and my brand new $100 calculator could do it all. So let’s recap, shall we… In a span of five years, I spent $250 on the simplest of math accessories.  According to an inflation calculator, that’s the equivalent of spending $900 in 2015.  Yikes!  Not only that, my slide rule literally became extinct.  My first calculator too.  I’m guessing in a very short span of time my new “TI” met the same fate. And that, I think, is the root of my phobia.  You invest time and money.  You slowly become comfortable with the newest technology.  But the only constant in the world of technology is change. And change is coming.  Trust me.  It’s right around the corner.  As the Red Queen said in Through the Looking Glass, “it takes all the running you can do” just to keep up.  And that, unfortunately, is what runs headlong into my cautious nature.   I admit it.  I get nervous about the future.  Unsettled.  Maybe, I guess, a tiny bit afraid… So what about you?  Be honest.  Are you running to keep up with technology?  Or do you have a touch of technophobia like me?

August 22 is National Tooth Fairy Day- Talk about your memories of the tooth fairy

Creating magical/memorable experiences for my children was always something I so loved to do and when one of them lost a tooth, it was “show time”. When my daughter lost her first tooth, I sprinkled “fairy dust” down the hallway, across her room and onto her pillow, tucked money under her pillow and left a special note from the tooth fairy for her to find. I took a small piece of paper and in my tiniest, “pixie” handwriting, I would create a note to my daughter, Jenny, from “Thumbelina the Tooth Fairy” about the importance of good oral hygiene and always added encouraging sentiments about what a good girl she was, how proud her parents were of her, how much she was loved and promises of another visit next time she lost a tooth. My daughter was astonished to find that note – imagine “Thumbelina” actually flying into her room and taking the time to leave that sweet note! She would then tuck the note away for safe keeping in her special little jewelry box. Every time Jenny lost a tooth, “Thumbelina” would leave a trail of fairy dust and a note and that was something Jenny came to look forward to. Jenny is 19 now, and she still has “Thumbelina’s” notes tucked away in her jewelry box, has fond memories of “Thumbelina” and an appreciation of her “momma’s” efforts and imagination. My son, Nick, was always about the money when he would lose a tooth, and the promises of a visit from the tooth fairy was a motivator to get him to go to sleep on time. I remember one night I accidentally fell asleep and forgot to leave the money under his pillow. When he awoke the next morning he was distraught to find the tooth fairy had not visited and he had no money. Scrambling for the imagination, I sent him into the kitchen to get something and while he was in there, I threw money under his bed.  When he returned, so disheartened, thinking the tooth fairy had forgotten him, I nonchalantly mentioned that he did roll around in bed a lot when he slept…perhaps the money moved away from the pillow…perhaps, just maybe, the money fell off his bed. So, of course, he ran back into his room to search and, lo and behold, the tooth fairy had not forgotten him after-all! Nick’s is now 16 and fondly remembers his visits from the tooth fairy.

Oil and Gas Series: How Long is My Lease?

As the oil and gas industry continues to develop throughout the tri-state area, I have continued to receive more and more calls from people asking for help with their leases and potential lawsuits. While many oil and gas leases are complex, I thought it would be informative to do a small series regarding some of the basic legal aspects of oil and gas law. One of the most common misunderstandings I hear while talking with clients is “my lease is only for five years.”  In mineral rights leases, the type of lease that is used to by oil and gas companies, there is almost always a “primary” and “secondary” term.  The primary terms is the length of time established in the lease and agreed upon by the parties.  The primary term is usually five to ten years and many people believe this is the entire length of their lease.  However, when leasing mineral rights, a person must be aware that the oil and gas company will more than likely not be done with your property within this primary term. The secondary term is the amount of time the lease carries on after the primary term.  While all leases are different, in many leases, the oil and gas company is required to produce oil and/or gas, or the property must be operated by the company in the search for oil and/or gas, during the primary term.  If the oil and gas company does not work on a property during the primary term, the lease expires. However, if the oil and gas company does start operations during the primary term, the lease continues past the primary term of five years (for example) and enters the secondary term.  You might be wondering, “how long does the secondary term last?”  While the terms of a lease govern its length, secondary terms usually last for as long as oil or gas is being produced in paying quantities.  Generally, this means that a lease will last for as long as oil or gas is still being taken out of the ground.  We have cases where the old leases have lasted up to 100 years because oil and gas was still being removed, despite the fact that it was a small amount. At Bordas & Bordas, we have mineral rights attorneys that specifically focus on landowners’ oil and gas rights.  We have many oil and gas cases where individuals were not being paid correctly, their land was being used when the oil and gas company did not have the right to do so, and many other diverse issues.  Many times, a person’s mineral rights may be their most important asset and selling that asset without understanding every aspect of the lease has lost many people their property rights and significant sums of money.  If you have any questions regarding your oil and gas rights, always feel free to reach out to one of our attorneys for a free consultation.

Business After Hours

The Wheeling Area Chamber of Commerce and Bordas & Bordas Attorneys will present Business After Hours on Thursday, Aug. 20 at our Wheeling location. Perhaps you are a college graduate or new business owner.  Joining the Chamber of Commerce is a great way to start making career contacts and building clientele. Business After Hours is an enjoyable event for area professionals to network while learning about other local businesses and what they have to offer. It’s a laid back environment which allows professionals to unwind a bit. During these types of events, you could come to find out that you may really like to do business with that person or perhaps you could learn some new and different options that are available in helping your business grow or run more efficiently. You find this all out from sharing your experiences with other local business owners. Not only can you share great business ideas, but you may make some friends, too. We all get caught up in the everyday work demands and the family responsibilities so attending Business After Hours is a great way to keep up with other entrepreneurs and our commitment to the people of the valley so that we can all provide them with the best services that they deserve.

The Importance of Teachers

I had my second neck surgery in as many years on Monday, so I have had a little extra time to just sit and think over the past few days. With the beginning of a new school year just around the corner, I found myself thinking back to my younger days, reflecting on the wonderful teachers I had along the way, and how each of them helped to get me to where I am today. I believe very strongly that teachers are likely the most under-appreciated and underpaid members of our society.  When we consider the value of what we expect our teachers to accomplish, it’s hard to think of a profession that is more important, especially in today’s economy.  Teachers are charged with the responsibility of training the next generation of leaders.  They very literally hold the future of our nation in their hands every single day.  Yet for some reason, there are those who continue to downplay the importance of teachers in our country.  I will never understand why. As I look back over my own education, it’s easy for me to pick out the teachers who had the most significant influence on my life.  Miss Hahn, who taught second grade at First Ward Elementary, showed me that learning was something that could be fun.  (I guess I’ll have to forgive her for her rabid support of her beloved Ohio State Buckeyes.)  Miss Edge, my sixth grade teacher, cultivated the seeds of self-confidence by having students speak in front of the entire class.  Mrs. Hyre, my junior high algebra teacher, was the epitome of patience and grace; a professional in every sense of the word.  Mr. Burk (quiet confidence), Mr. Chambers (dedication and perseverance) and many others added important ingredients into the mish-mash of character traits that would eventually become important parts of “me” as an adult.  These were all consummate professionals who taught not only by what they explained to us from textbooks, but by how they carried themselves in and out of the classroom.  The things they taught from the texts were important, but it was the examples they set while teaching that had the greatest impact on my life and the lives of my fellow students. We in the United States have a habit of proclaiming ourselves as #1 in the world in pretty much everything.  Unfortunately, at least where our educational accomplishments are concerned, that label may not always be appropriate.  Schools in places like Singapore, Finland, South Korea and Japan are consistently turning out students who are higher achievers than those who come out of the U.S. system.  It can’t be a mere coincidence that in those countries, teaching is a highly selective profession whose members are afforded tremendous prestige and substantial compensation.  If our goal is to turn out the best-educated students we possibly can, we must first make sure to provide them with the best teachers available.  It follows that if we want to attract the best teachers, we have to make the teaching profession attractive to the best and brightest students coming out of college.  We can do that by paying them according to their value, and treating them with the respect they deserve. And while we’re at it, we might want to consider going back to some old school parenting techniques.  When I got in trouble at school, I was more worried about what would happen when I got home than the punishment I got in school.  Teaching is hard enough without having to add parenting to the mix.

Wheeling Community Blood Drive

Please take a minute to peruse the “Central Blood Bank” notice that I received in the mail recently.  Check and see if you are available to donate blood at the above blood drive from 10 a.m. to 2 p.m. on Thursday, August 20, at the Spring Hill Suites located at 908 National Road, Wheeling, W.Va. in the ground floor conference rooms. As I stated in a previous blog, so many lives can be saved when you donate blood for a “life saving” transfusion.  If you have never donated blood before, see the Central Blood Bank’s donation process below.  I am going to attempt to donate blood, so come on and join me. Here is a review of what happens in preparation for you to be approved to donate blood: Step 1: Registration - You will be asked general information such as name and address.  In order to maintain accurate records, all donors are asked to present proper identification (e.g. driver’s license, personalized Central Blood Bank donor ID card or military ID card, birth certificate and a picture ID with full name, etc.). Step 2: Mini Physical – During the mini-physical, your temperature, pulse and blood pressure will be checked.  Your hemoglobin will be tested as well — which involves a small drop of blood drawn and tested to ensure the donor has enough iron-carrying red blood cells to safely donate blood. Step 3: Medical Interview – You will meet privately with a Central Blood Bank staff member to review your medical history.  This information is kept strictly confidential. Step 4: Pre-Donation Refreshments – before the donation, you may be asked to drink a glass or two of decaffeinated fluids to help hydration levels. Step 5: The Donation – In the donation area, a trained phlebotomist will sterilize the area of your arm before drawing the blood.  When donating whole blood, one unit (approximately one pint) is removed. An automated or apheresis donation means you are donating the individual component(s) – everything that you are not donating is returned to you.  For example, if you donate platelets, whole blood is withdrawn and spun in a sterile, self-contained centrifuge to separate the platelets; then your red blood cells, white blood cells and plasma are all returned to you through the same needle.  Apheresis and automated processes take longer than the whole blood donation process. All materials used during each donation are pre-packaged, sterile and disposable.  These materials are used only once and then discarded. Step 6: Refreshments and Relaxation – After the donation, you will be directed to the café/canteen area, where you will rest while enjoying light refreshments.  After 15 minutes, you will be permitted to leave that area and resume your daily routine. So, it is not hard to donate blood and usually only takes approximately 45 minutes to an hour.  Please consider scheduling an appointment or just walk in. To schedule an appointment, you can visit www.centralbloodbank.org and click “Make an Appointment” and search with the group code: C612.  You can also schedule an appointment by calling Rachel at 421-209-7241. There’s an added bonus! Every donor receives a $10 off $50 merchandise coupon that is redeemable at any official Steelers merchandise store and at steelers.com. Donors will also be able to enter into a random drawing for the Ultimate Game Day Package which includes: two tickets to a VIP tailgate party tent, pre-game field passes and tickets to a 2015 Pittsburgh Steelers regular season game. Even if you are not a Steelers fans, please come on out and donate blood.

Family

Thoughts about the 4th of July

I spent the 4 th of July this year with my wife and friends in Denver. My wife, Linda, and I had attended the Cherry Creek Arts Festival during the day, which has become a part of our routine for the last four or five years, and were invited by our good friends, Janna and Alby Scudiere from Morgantown, to spend the evening with them, their daughter and son-in-law at a barbeque in a Denver suburb.  We had the usual fare of hot dogs, hamburgers, baked beans, barbeque and watched the fireworks shot off at a nearby country club.  It was a wonderful night. Being there and reflecting on the 4 th of July has taken me back to the time that I was a small boy.  I’ve always loved the holiday because it was a time when I was a child that my mom and dad, brothers, sisters, grandparents, cousins, nieces and nephews would all get together for a family picnic.  The picnics were either at Kanawha State Forrest or Coonskin Park in Charleston, W.Va. It seems that, back then, more families chose to attend outdoor picnics than today.  At any rate, it was great fun.  We would arrive at the picnic site around 10 a.m., build our own little fire to cook the hot dogs, have the old fashioned grills fired up for the hamburgers, and have plenty of soft drinks for the kids and beer for the adults.  Everybody participated in all of the games that we played, including softball, badminton, croquet and the like.  We normally wouldn’t leave the picnic grounds until the park closed. Those memories were great and I have happy memories, as many Americans of my age do, of spending the time not only with their parents and brothers and sisters, but all the extended members of the family.  It seems that even though we have the get-togethers today, it’s at someone’s home and not the large extended families that we had back then. I also remembered being very much aware from the time I was young as to the significance of the 4 th of July holiday.  It really was a very important holiday that caused us to remember the sacrifices that those brave Americans who went before us endured in breaking away from England and having the courage to put their lives and their property at risk to form a new nation that would stand for liberty and justice for all.  When you think back to the opposition that our American revolutionaries encountered, even with their fellow colonists, who didn’t necessarily agree with their revolutionary views about breaking away from England.  You will recall our predecessors went to war with little money, ammunition, and training against the most powerful Army and Navy in the world.  It’s mind boggling to think what our founding heroes were able to accomplish!  Every 4 th of July, I find time to pray for and to thank in my own way those people who went before us and who were willing to lay down their lives in order to create the United States of America. I was also, during this 4 th, able to watch the television show entitled Sons of Liberty, which I felt was a very well produced rendition of the struggles of the people that were actually involved in the early formation of our country.  I thought the documentary was very well done and instructive and in large part fairly accurate.  I recommend anyone that didn’t have the opportunity to watch this show to pull it up.  I think you’ll be glad that you did.

The City of Baltimore and the State of Maryland are pursuing "Innovative Ways" to combat crime in its city.

Baltimore is turning to the federal government for help in stemming a dramatic uptick in violence over the last several months. Ten federal agents from the Federal Bureau of Investigation; Bureau of Alcohol, Tobacco, Firearms and Explosives; U.S. Drug Enforcement Administration; the U.S. Secret Service and the U.S. Marshals Service will embed with the police department's homicide unit for the next 60 days, city leaders announced Monday. They join the 20 ATF agents who were sent in last week to form BFED, a joint task force that "is the next step of an all-hands-on-deck movement addressing violence in our community," Mayor Stephanie Rawlings-Blake said Monday. There have been 191 killings (this year) in the city of Baltimore, that is completely unacceptable," said Baltimore City State's Attorney Marilyn Mosby. "The police can't do it alone. The state's attorney can't do it alone." ?To some, particularly Al Sharpton, this is a welcomed process.  Recall that in the wake of the death of Freddie Gray and the culminating Baltimore riots earlier this year, Mr. Sharpton demanded that the Justice Department to "take over policing in this country," and asserted "we're going to have to fight states' rights in terms of closing down police cases." Just recently, The Washington Post reported that so far this year, 24 unarmed black men have been shot and killed by police - one every nine days, according to a Washington Post database of fatal police shootings.  Those 24 cases constitute a surprisingly small fraction of the 585 people shot and killed by police through Friday evening, according to The Post database. Most of those killed were white or Hispanic, and the vast majority of victims of all races were armed. However, black men accounted for 40 percent of the 60 unarmed deaths, even though they make up just six percent of the U.S. population. The Post's analysis shows that black men were seven times more likely than white men to die by police gunfire while unarmed. Others are not so enthralled with the progressive efforts to commingle federal authority with powers regulated to the states. Opponents feel that the trend toward centralization of criminal justice authority in Washington is a trend toward a de facto national police force, an entity of unparalleled danger to civil liberty. Keep in mind all of the military hardware that is finding its way into the hands of state and local police. Again, these federal policing activities are in their infancy, and there may be communities that require federal resources to help make them safe and/or combat unethical behavior.  It remains to be seen whether these programs are designed to be permanent or temporary education and training systems to assist local and state governments to be more effective in curtailing crime in their respective areas.  We will keep watching these developments.

Mother and daughter with trophies and medals

Television in the '70s

I was channel surfing a few days ago, noticing that I had hundreds of shows to choose from but, honestly, nothing that seemed worth watching.  For a moment or two, my mind swept back to simpler times… When I was growing up in the ‘70s there were only 12 television channels.  But don’t be deceived.  That didn’t mean you had 12 choices.  No, each of those channels was affiliated with one of the major networks--ABC, NBC or CBS.  Except for a small handful of local programs, like the local news, you watched whatever the “big three” networks offered.  Standing all by itself on Channel 10 was PBS, which offered a mix of children shows (Sesame Street and Mr. Rogers were the most popular ones), news and round tables, educational shows, and a few shows borrowed from British television.  That’s how I was introduced to Dr. Who--but, hey, that’s a story for another blog. If you were a ‘70’s kid, you lived for Saturday mornings.  That’s when cartoons ruled the airwaves.  That’s also the only time you knew your mom and dad would let you watch whatever you wanted for as long as you wanted.  I remember watching plenty of Looney Tunes.  I was also a big fan of Scooby Doo (and, to tell the truth, I still am).  Sure, you had to sit through a bunch of commercials trying to sell every imaginable kind of toy and breakfast cereal.  But Saturday mornings belonged to kids, and it was our patriotic duty to soak up every minute of what was offered--commercials and all. Today it seems like we’re saturated by sports shows.  Believe me, things were different in the ‘70s.  By and large, sports were limited to the weekends.  College games were played on Saturdays and professional games were played on Sundays.  Unfortunately, the pickings were very, very slim.  Each network had its own lineup--usually showcasing ranked teams or teams from one of the power conferences.  As a Mountaineer fan, that meant I usually found myself following the games on the radio.  As it turns out, this ended up forging one of my favorite childhood memories.  My dad and I would score the basketball games together, making our own charts and keeping track of the baskets, free throws and fouls as we listened to the radio broadcast.  It turned out to be a great bonding time. I also remember that NBC had a block of murder mysteries that aired on Sunday evenings.  That’s where I first met Columbo, the frumpy detective who became a television icon and a lifelong favorite of mine.  Police and detective shows were also popular in the 70’s including Kojack, Cannon and Dragnet.  I’m surprised I didn’t become a cop, but my mom swears it was actually Perry Mason who set the course for my career.  Maybe she’s right! It must have been around ’76 that our cable company in Elkins finally expanded its channels, adding WGN to its cable package.  WGN was one of the country’s first superstations, broadcasting from Chicago, Illinois.  With my teenage mindset, there was only one thing about WGN that caught my eye--baseball.  WGN covered all of the Cubs baseball games.  The owner of the Cubs believed that baseball was meant to be played in the daylight, and he refused to install any lights at the ball field.  As a result, I could watch the Cubs play almost every single afternoon throughout the summer.  I was always a Pirates fan, but many of their games were blacked out.  I was happy to have another team that I could root for. I didn’t realize it at the time, but WGN also helped to expand my horizons.  For one thing, it had programming that was aimed at Chicago’s large Hispanic community.  Because I took Spanish in college, it was fun to watch these shows and try my best to follow the dialogue.  WGN also opened my eyes to a larger world.  Throughout my childhood, I don’t ever remember traveling outside of the tri-state area.  Seeing Chicago through the eyes of WGN gave me a small taste of what the rest of the country was like.  There were people in faraway places with different customs, languages and ways of life, but we were all Americans.  I suspect this sounds strange to those of you who have grown up in the Internet age.  But without smartphones, computers or 24-hour news cycles, the world seemed like a smaller place.  Until WGN came along it seemed like the world ended at Pittsburgh.  For the first time, I could see that there was much, much more.  And that, you see, was the power of television…

Baby touch

Who Protects Our Children from Unsafe Toys?

The answer is the only protection that children and their parents have to protect children from unsafe toys is the American lawyer working through the Civil Justice System. Most parents are aware of many of the problems that are readily apparent to children such as choking hazards, lead hazards, small items, such as children’s jewelry, toys that can easily be pulled apart, playpens that can trap and choke children, etc.  The American Association of Justice compiled information detailing more than a few of these issues that I would like to share with you. Did you know that 196 children died from choking on toy parts, small balls and balloons!?  And choking hazards were the leading cause of toy recalls in 2009 and up.  Yet the millions of recalled toys may just be the tip of the iceberg.  Many, many toys still on the shelves barely meet government standards for small pieces.  The most problematic objects are narrow in shape, such as toy nails or darts, because they can easily cause suffocation.  Something that you may not know is that over the last several years, toy manufacturers have increasingly used small powerful magnets creating a new category of deadly toys.  These magnets can come loose and be swallowed by small children.  Unlike other small objects, which are often passed through the body, magnets pose a unique risk.  If two or more magnets are swallowed they can attract each other through the intestinal walls.  This can result in pinched, blocked or twisted intestines.  The effect is fast and devastating.  Magnets quickly erode through the intestinal wall spilling bacteria into the body.  Serious infections, blood poisoning and death may result.  This information should be supplied by doctors, nurseries, hospitals, etc., to parents with newborns.  Unfortunately, I do not know of a case where that is done.  Therefore, I congratulate the American Association of Justice for bringing this problem to the attention of trial lawyers and by this blog hopefully to many more. Another area that may not come to the average person’s mind is children’s jewelry.  The American Association of Justice recently advised that children’s jewelry is more likely to contain lead or other toxic metals than many other toys.  Even after 18 million pieces of children’s jewelry were recalled between 2005 and 2007, tests still found that 20 percent of children’s jewelry contain unsafe levels of lead.  And the danger was not over once manufactures stopped using lead, as many began to use the carcinogenic metal Cadmium as a replacement.  Unfortunately too, most of the recalled items were never actually returned—meaning toxic jewelry remains on the children’s dressers. All in all as a parent we need to be aware of these problems and others such as lead contamination with respect to paint on walls.  The long and short of all of this is that a lot of children in this country are being treated in U.S. emergency rooms for toy-related injuries every single year.  As a matter of fact, injuries from scooters, choking, and lead contamination are often in the news, but beyond the headlines, lie even more serious dangers including asbestos and other toxins. The moral of this is to be cautious about what you allow your child to play with.

Bullies Are Not Just In Our Schools Anymore

You would think as we grow older and have jobs out in the big bad world that the acts of bullying behavior would stop, right? Wrong. Bullies are not only the kids out on the playground and in our schools who push children around, call them names, steal their lunch money, talk badly about others and say things that can make a child feel like there is really something wrong with them. They also try to get others in their social group to do the same.  All it takes is one child to make another child’s life miserable. Well, I’m here to tell you that bullies just don’t exist on the playground anymore. They are everywhere like in our workplaces and on social media. I’ve been down the road of being bullied. As a child I was overweight.  Yes, I’m still overweight and yes, people still say mean things to me about my weight, but you would think that as adults we wouldn’t treat each other like this anymore. Hearing about bullying in the workplace bothers me to no end. It makes me ill and upsets me very much.  No one should ever have to go through something like this just because of one or a few people.  For crying out loud, we as adults should know what’s on the inside of a person is what counts, not what the person looks like on the outside.  God made all of us unique in our own way, shape and form.  God knows our hearts, our actions and God knows it’s just not our looks and body sizes that count. There are different types of bullying, like telling your teachers/bosses/co-workers on others because of something that you don’t like or telling others things to get someone in trouble. Some people who have been bullied can become bullies and not even realize it. It can be in their actions, how they treat others or even speaking in a  condescending tone to people.  Some bullies are what they call the Eddie Haskell kind (he is the character from the Leave it to Beaver TV show). He was always nice in front of teachers/parents/bosses, but boy oh boy, once they walked away his true colors came out. We all need to do our part to stop the bullying madness.  Whether it’s in our schools, on our streets, at our workplaces or on social media, it only takes one to make our children or adult lives miserable. Keep a look out for signs that someone you know and love is being bullied. It may be over a short period of time, but you need to watch for changes of behavior. Are they withdrawing from things they once loved to do? We need to be watchful especially with our pre-teens and teenagers. These can lead to deeper, darker and more harmful things. That’s a path I pray to God that none of us ever have to walk down. Bordas & Bordas is on a quest to stop bullying.  We have a program in our community that focuses on just that. The Bordas & Bordas Anti-Bullying Fighting for Justice Award recognizes seniors in the OVAC schools in Ohio, Marshall and Belmont counties who stand up for others. It’s a great program that recognizes our youth who try to stop these acts of cruelty.  If you know of a student who treats everyone equally, respects differences in others, stands up for those who are targeted or discriminated against and speaks out against injustice you can nominate them for the 2016 Anti-Bully Award. Nominations can be made by anyone in the community and are typically accepted in the spring. Winners receive a $500 cash award and tickets to a luxury suite at PNC Park for a Pittsburgh Pirates game. If you “Like” our Facebook page, you won’t miss the announcement or you can contact the firm for more information. The bullying stops with each and every one of us.  In the words of Will Smith, “Stop letting people who do so little for you control so much of your mind, feelings and emotions.”  I keep this on my desk and read it every day at work and at home. Let’s all try to be nicer to each other, not because we have to, but because it’s the right thing to do. Rock on People, Rock On.

Seniors

In other blogs I have addressed children’s issues, but on the other end of the spectrum, there are problems that are unique to our senior citizens with respect to chemical restraints, neglect, abuse, deaths, insurance denials, forced arbitration and scams. Many of you reading this are probably unaware that the use of chemical restraints—that is, drugs— used to subdue or restrain patients have increased dramatically in nursing homes over the last several years, even though most of these patients have no psychiatric diagnosis.  You see, it requires less time to attend to a nursing home resident who is almost passed out in their chair or asleep in their bed than an active nursing home resident.  Trial lawyers, like those at my firm, have not only helped get these patients off these stifling anti-psychotics but the American Justice System—the American lawyer—has also taken on the pharmaceutical giants that market these medicines to control our senior population. With respect to neglect, we’ve all heard stories of nursing home residents who suffered from inadequate care and who died all too early.  Stories of neglect are very common in American nursing homes!  As a matter of fact, over 14,000 nursing home patients die annually from malnutrition and dehydration alone.  In addition to that, it’s been reported, that roughly 160,000 nursing home residents had at least one pressure ulcer, yet only 35 percent of those with the most severe ulcers received special care for their wounds.  My firm has been very active in assisting nursing home patients and their loved ones in addressing this very critical issue.  As some of you know, these pressure sores can ultimately lead to wounds that are from the skin to the bone causing significant infection and sometimes leading to the resident’s death. My firm and many other trial lawyers throughout the country have for some time now been attempting to bring more attention to the very serious problems that exist in our nursing homes but, unfortunately, oftentimes our pleas for help from governmental agencies is ignored.  We are therefore left to try these cases to juries in hopes that substantial trial verdicts will cause the nursing homes and their insurance carriers to provide better care for our mothers and fathers. Another fact that might be surprising to some is that as many as 1.5 million seniors are abused every single year, many in nursing homes.  And that for every case of abuse that gets reported, many believe five more go unreported.  One reason for the underreporting may be that the nursing homes residents are afraid of the repercussions of reporting abuse to largely ineffectual regulatory authorities. It’s not bad enough that our senior citizens have to be placed in nursing homes with inadequate staffing and underpaid and under-skilled workers, oftentimes seniors and their families (who have faithfully paid their long-term care insurance premiums) have found their benefits cut just when they need them the most.  It seems that insurance companies calculate that few of their terminated insurance policyholders will ever complain and those who do will eventually die if they delay payment long enough.   We’ve tried a number of cases where insurance carriers through their failure to honor their contractual commitments, have been brought to justice in our local courts. And finally, we have all heard the stories of medical errors being committed in the entire population.  The unfortunate thing is that our seniors represent just 13 percent of the total population, but our moms and dads account for 34 percent of all adverse drug events.   Most of which are preventable.  In our civil justice system we try to insist that the nursing home facilities step up their patient safety systems so as to prevent the negligence connected with adverse drug events. The long and short of all of this is we must carefully research the facility our seniors are placed in and then be vigilant so as to limit the problems our seniors might otherwise encounter.

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