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World Prematurity Day

November 17, 2014 marks the 4 th worldwide awareness day for prematurity. " World Prematurity Day " is a global movement to raise awareness about prematurity highlighting the burden of preterm birth, informing on simple, proven cost-effective solutions and invoking compassion for families who have experienced preterm birth." Most people probably don't even know that such a day exists, but if you are the mother of a preemie, undoubtedly that day sparks many emotions for you. For some parents of preemies, it is a day that you thank God for the blessing of your sweet baby, who overcame the odds and survived her premature birth. For other mothers, it reminds them of dark days spent in the NICU with their teeny tiny baby, almost unrecognizable from all of the tubes and wires that were keeping her alive, feeding her, breathing for her. For some mothers, it's a reminder of the day you gave birth to the baby you prayed for and who grew inside of you, yet were unable to hold and hug when she was born. A reminder of days that turned into weeks, and weeks into months for some women who spent nights praying and begging God that her child would get to one day make it home to see the room she prepared for her, or meet her brothers and sisters anxiously awaiting her arrival. Hopefully for many of those moms that story ended happily, and those sweet, prematurely born babies are now thriving and healthy. And because of your struggles, the days with your child are fuller and you are cherishing hugging and kissing those sweet faces that you stared at through a glass crib for so long. Unfortunately, the stories don't always end happily, and for some mothers, this is just another day to be reminded of the loss of their precious baby who got her wings too soon. A day that their heart aches, and they are reminded of the piece of them that was lost. If you are one of the fortunate people who have never given November 17 th a second thought these past few years, then hopefully after reading this you will. Premature birth is the leading cause of death for newborns. Every year 15 million babies are born prematurely. Statistically, that is one in ten babies. A pregnancy is 40 weeks long. Doctors consider a baby full term when the mother reaches 37 weeks of pregnancy. Therefore, any baby born before 37 weeks is considered premature by the medical definition. Most doctors define the age of viability as 24 weeks. In many hospitals, 24 weeks is the cutoff point for when doctors will use intensive medical intervention to attempt to save the life of a baby born prematurely. In the hands of experienced specialists, some babies born slightly earlier may have a chance of survival. The earliest baby to have ever survived a premature birth was born at 21 weeks 5 days. The likelihood of survival jumps from 17 percent at 23 weeks to 39 percent at 24 weeks. By 25 weeks, the baby has a 50-50 chance of survival if born. Jumping another ten percent the next two weeks and by 28-31 weeks if born, babies have a 90-95 percent chance of survival; however, this doesn't discount the many obstacles that the baby will have to overcome. The lungs are the last major organ to develop and won't be fully developed until 34 weeks or slightly later. The biggest hurdle premature babies must overcome is breathing on their own. But any loss of oxygen to the brain for a sufficient amount of time can lead to brain damage which is why proper ventilation is essential to survival. The journey of a gestational baby is so fragile and time is of the essence. My daughter, my first child, was born prematurely. I thank God daily that I am one of the mothers with a happy ending to my story. My little girl, who was a fighter from the beginning, is now 7, and many people are shocked to know that she was born prematurely. But in those 12 hours of labor, the fear that I felt, the horror that I imagined, the tears that I shed, and the prayers that I said, are still just as real to me today as they were 7 years ago. And I feel them all over again for every mother I think about on today's date. Yet for some mothers, there wasn't the wait and the hours of labor, but instead a furry of hurry and emergent worry as they were whisked off to the Operating Room for a Cesarean Section. They were left with no time to think about anything but getting their baby out safely. We imagine the day we give birth to our children to be the most amazing day ever. And as most moms they will tell you, the best days of their lives were the days each of their children were born. But what if that day, the day you imagined to be so wonderful and full of bliss, was a day spent agonizing over the health of your baby? A day that you had envisioned holding your newly born baby all snuggled in a blanket in your arms, but in reality was a day that only allowed you to watch at a distance as your baby was poked and prodded and kept alive by machines? I now have four children and my oldest still remains the only child that I wasn't allowed to hold immediately after giving birth to her. This is a very minute detail in the struggles of many preemie moms, yet nonetheless, was a very unwanted and unimagined part of my delivery. Whatever the outcome was for the mothers of preemies, World Prematurity Day is certainly a day that they do not forget. So whether you are a parent or relative of a preemie, know someone who is, or have been fortunate enough to have never have given this day a second thought, close your eyes today and say a prayer for those children currently fighting for their life in a hospital, too young to know the severity of their situation or the pain in their mother's heart, thank God for those babies who beat the odds and have fought the hard battle and have a prosperous life now, ask for strength for those babies who survived but struggle daily with the effects of their prematurity, and ask God to continue to watch over those precious babies that are now angels with him. Today is about bringing awareness to the world about the very thing that makes the world what it is - life. Let us all be reminded today that the miracle of life is just that, a miracle. Below are some stories of local mothers sharing their experiences of having given birth to a premature baby... "When my daughter Isabella was born prematurely at 33 weeks, I felt robbed of the joy I had experienced with the births of my other three children. I felt like a first time mom, not knowing all the NICU lingo and nuances of taking care of a preemie. All the tubes and incubators intimidated me. I was in the hospital 18 days before I delivered because of leaking amniotic fluid. Isabella spent 5 days in the NICU and 14 total days in the hospital. She only weighed 3 lbs 15 oz at birth. The thing I learned about prematurity is that is doesn't go away after the first few months. Isabella was delayed in all her milestones and received therapy for three years. Today, Isabella still amazes me how far she's come, and still has that fighting spirit she gained in the NICU. 'If it doesn't challenge you, it won't change you.'" - Hollie Adams, mother of Isabella Adams, born at 33 weeks. "Our preemie experience included two months of bed rest, an emergency C-Section at 32 weeks, a helicopter ride for Levi and 31 days in the NIC Unit at MaGee-Womens Hospital. Levi Bo weighed 2.6 lbs and was 13 inches long at birth. What all of tests, doctors or the wonderful team of nurses could not measure was his irresistible force of will. Today, Levi is a healthy six-year-old. He is still small in stature, but his personality and spirit are legendary. He is the toughest kid we know and he inspires us daily.'" - Heather Rine, mother of Levi Rine, born at 32 weeks. "On April 15, 2014, our little Paige was born. She weighed 2 lbs, 2.5 ounces, and was 14 inches long. She was born 13 weeks prematurely and was in the NICU for 66 days. Those 66 days were the hardest days of my life as I wondered what battles, if any, we would face on this journey. Though my husband and I struggled, we received support not just from family and friends, but also from the nurses and physicians at the NICU. One of Paige's doctors told us that "the more active and involved the parents are, the better the baby does." As we continued to play an active role, Paige grew stronger and developed into the healthy, happy baby she is today. We brought her home from the hospital at 37 weeks gestation which the doctors considered an amazing feat. Paige is our little miracle and fighter.'" - Colleen Touvelle, mother of Paige Touvelle, born at 27 weeks. "I could have never been prepared for having a child born at 31 weeks. But there was Claire, born on the evening of my baby shower. She was so tiny weighing just 3 lbs. Once I got to hold her the next day and seeing just how tiny she was I knew we had a long road ahead. Claire spent two months in West Penn NICU before coming home. Not knowing what the next day would bring, myself and my husband Philip spent weeks at her bedside living the up and downs of the NICU roller-coaster, a scary and defining experience that jolted us into parenthood.'" - Stefanie Trouten, mother of Claire Trouten, born at 31 weeks. "Nothing can prepare a family for the birth of a preterm baby, and in our situation, we were taken by complete surprise as we welcomed our son five weeks early. After giving birth to a nearly 9 lb, healthy, full-term daughter four years prior, having a baby with undeveloped lungs was the furthest thing from my mind, yet one morning I underwent surgery while saying good-bye to an intubated baby before he was flown in a helicopter to a hospital an hour away. Diagnosed with respiratory distress syndrome, he lived several days before I could hold him in my arms, yet this was an unforgettable eternity for a mother. Our family and friends held us together during a protracted period of touch and go, and we were the lucky ones who got to leave the NICU, after a 10-day stay, with a boy who's now doing great. Yet the unspoken bond I felt with the other mothers of preterm babies is still with me today as I pray for NICU babies and parents. A mother of a preemie is forever changed by her experience. The child will never remember, but the mother will never forget.'" - Jessi Zatezalo, mother of Adam Zatezalo, born at 35 weeks

This Family Cooks

I am not sure where I got my love for cooking and baking, but I have it! My mother freely admits that she always hated cooking and was never very good at it. I have two sisters that also don't have the knack for whipping up a gourmet meal or baking a mouth-watering dessert. My grandmother on my dad's side (Grandma Springer) was a good cook. She mostly cooked down to earth, hearty dinners; I don't recall her baking fancy desserts. Her claim to fame was her 24 Hour Salad which I swore to her on her death bed I would continue the tradition of making this very old, family recipe. And I have! We have it every year for Thanksgiving. My immediate family loves it, but there are a few that have entered the family through marriage that aren't fans. We have a picture of my dad loading his whole plate with 24 Hour Salad while my oldest son looks on in awe. My dad was such a jokester! I don't recall cooking much as a kid. When I was in my late teens I would make desserts for my mom and dad's euchre parties. Then I would make lasagna every year for my then boyfriend's birthday. I don't remember cooking much else until after I was married. When I was married and my kids were growing up, I cooked basic foods - you know how husbands and kids are, they like to stick with what they know. Their  favorite was what they referred to as "deep down-in pizza." My kids were always wanting me to open up a pizza shop with this dish. I, on the other hand, didn't think it was all that great - good, but not great. I was famous for my chocolate chip cookies among family and friends. If we attended a picnic with friends and I didn't bring my cookies, I was banned from game playing! Not really, but that was the threat so I always brought them. I am the person in my family that fixes Thanksgiving dinner. It is my favorite dinner and I love having my whole family come and rave over the traditional dinner that they love. Turkey, mashed potatoes, gravy, dressing, sweet potatoes, cranberry salad, corn bread pudding, rolls, 24 Hour Salad and, of course, pumpkin pie. I have been cooking Thanksgiving dinner for my family for more than 30 years! The best story, and the one no one will let me forget, is the year I failed to put sugar in the pumpkin pies! When I became single, I started experimenting with new recipes and ingredients. Then I met my friend, Carla. Carla was originally from Texas and she introduced me to using fresher ingredients and herbs. Cilantro? Never heard of the stuff!  Carla was such an influence and I became fearless, expanding my cooking efforts exponentially. My best friend now is Ree Drummond - the Pioneer Woman! That woman can cook! If I'm hunting a recipe for something, I go to her website first and do a search. More than likely she has made what I'm looking for and made it well. I have only found one recipe in her entire repertoire that I was not amazed with. Her recipe for brisket is not my favorite. Way too salty! If you haven't seen the Pioneer Woman on the food network channel or been to her website, you are missing out. All three of my children cook and I am so very proud of them! My oldest, Bryan, likes to make the recipes his mom made - Connecticut Beef Supper and Just Like Stuffed Green Peppers are his classics. He doesn't have time to cook a lot, but he does a good job when he has the time. My youngest, Retta, also cooks. Her husband, however, is a rather finicky eater so she doesn't get to go outside the box a lot. She has her mother's talent for chocolate chip cookies and she makes 24 Hour Salad for her Thanksgiving dinner if she's not at my house! Her real claim to fame is her Mango Cheesecake. Since she lives in Miami she has access to freshly grown mangos. Retta and her husband are always having friends and family over and she cooks up a storm to feed them all. Then there is my middle "child," Clayton. He mostly likes to cook meat, but his talent goes way beyond that. Several years' back, one of his co-workers was talking about her famous meatloaf. Clayton challenged her to a meatloaf cook-off and the entire office got involved. Clayton won best presentation and best overall for his efforts at meatloaf. The next challenge was at Christmas when they decided to have a bake-off. He called me at 7:30 in the evening and asked for my cheesecake recipe for the bake-off the next day. I told him that my cheesecake recipe calls for baking the cheesecake for 3 ½ hours. He took the recipe and must have been up half the night because that is what he entered in the bake-off! If I remember correctly, he also made my chocolate raspberry sauce for the cheesecake. This time he won it all - best tasting, best presentation and best overall! He sent me pictures of the table of desserts and there were quite a number of them! As I said, Clayton loves to cook meat. He has a monster grill and he bought a smoker a year or so ago. He has cook-offs with his buddies. They compete for the prize for ribs and wings. Clayton is always working on perfecting his recipes for competition! Whenever he cooks something different, he takes pictures of it and sends the pictures to his buddies! He made Beef Wellington for Christmas and it was delicious. As soon as he cut it, he was taking pictures of it to send to his buddies! I received a text message from Clayton one Sunday afternoon - he had made short rib sandwiches! It was this huge sandwich on a very long loaf of French bread! I was impressed! Come Mother's Day, Clayton, his wife and baby boy showed up at my house with all the ingredients to make short rib sandwiches (a Pioneer Woman recipe, by the way)! They were delicious. In this era of busy lifestyles and no time to cook, there are good recipes out there that can be made in an hour or less and continue the tradition of having family meals around the table. When I was working and raising a family, it was difficult as most of the meals I fixed took hours to prepare. Now I can come home from work and make a decent meal for my mother and me, in relatively short order. I believe that my kids cook because I cooked and I hope they hand that tradition down to their children. Mind you, my kids don't prepare an entire meal every day and neither do I, but at least I know they can and that I have influenced them to be able to cook. If you haven't checked out the Pioneer Woman - please do. Her recipe for Sloppy Joe is amazing (just make sure you add the optional tomato paste)!

I AM OUTRAGED!!!!

Has a story ever outraged you and then suddenly you find life has moved along; then there it is -- a reminder about that story that prompts you to remember it years later? Whatever happened? Did it just disappear? A story that struck a chord for me of complete outrage was the story of the Tennessee woman who sent her adopted son back to Russia in 2010. WHAT???? So, other than being ordered to pay child support to Russia, where is this Torry Hansen today? Better yet, where is this little boy? As a mother of a beautiful little girl that I was blessed and I stress "BLESSED" to adopt, I cannot even fathom this act of callousness. As a refresher to those who know of the story and for those who do not, a small boy was adopted from a Russian orphanage and after only six months, once his Tennessee family could no longer sacrifice their lives or resources for this boy, they put him on a plane back to Moscow; alone for an annulment of this adoption. He didn't even speak Russian nor did he know anyone! WHY???? The family claimed they feared for their safety after severalviolent episodes from this 7-year-old child, including fear for their lives. The adoptive family claimed mental instability of the child and that they were misled. Why might I bring this up? I guess because as we are going into the fall and winter seasons and the holidays are approaching soon, it makes me think about all the little children and young adults who have no families to call their own. And the holidays hit me hard with this feeling of compassion. Can you imagine not feeling loved or knowing that you could be completely dismissed if you didn't walk a fine line in every aspect of your life? I understand the fear. I understand the concern and I empathize with that, but you don't toss away a human life. This was inexcusable. Adoption. Unconditional love. Unconditional means not limited. It is complete and absolute. Adoption of a child is not mulling over the purchase of the latest model vehicle on the market or the fad to try to be like the Hollywood stars, these are real lives of innocent children that came into this world asking for nothing, just wanting to be lovedand accepted. No. It is not a storybook life. I would venture to say that if it is for you, then you are one of the few and I guess lucky ones. Let's face it, our own biological children can have physical or mental disabilities that leave strain on marriages, stress in the home and financial deficit that you wish would have been avoided, but where would you send them if you felt you exhausted of all your resources? You wouldn't send them anywhere. Somehow, you'd find another resource and although you may never find the answer, you'd never quit. Odds are if a child is adopted even in infancy, you are probably going to have to face concerns you never imagined even if you were as prepared as you thought you could be. How can we help? What do you do? How and why does it get to be different because someone is adopted? It shouldn't be that way. Part of adoption is fighting for a child and giving them your infinite love no matter what it is. Don't give up. Stand by your word, find resources, respite services, or whatever it takes,but please never do something as ghastly as this Tennessee family. Perhaps there is a reader out there that is considering helping a child in our foster care system or an independent or international adoption, please prepare. Please give of your whole self. It will be the most selfless act you can do in this world if you commit and don't look back with regret. As we go into the fall and winter, maybe you would consider helping a child waiting a forever family or a family already helping a child that could use some strength and reinforcement. What's that saying? "It takes a village to raise a child." For more information, please contact one of my favorite local services, the National Youth Advocate Program right here in Wheeling, located on National Road, whether you want information on helping a child, becoming a respite worker or making a donation. Children are placed in their care daily. Clothing, toys, anything you can imagine for children of all ages is always needed. Protect our children and make a difference right here in our own community today.

Hurting Healthcare

In a fact sheet published on October 27, 2014, the Center for Justice and Democracy announced that the findings from three new studies make it indisputable that damage caps--a popular part of tort reform--are actually hurting healthcare. This decline in healthcare was observed in three distinct areas. First, the reports found that there were actually more medical errors in jurisdictions that had enacted damage caps. This is troubling but, frankly, not very surprising. Without full legal consequences for medical errors, there was a corresponding increase in the "rates of preventable adverse patient safety events." In other words, the presence of caps meant that more patients were becoming victims of malpractice. Second, healthcare costs increased. The big selling point for caps, especially in West Virginia, was that they would help curb increasing costs for patient care. Not so. Indeed, when it came to Medicare Part B spending (i.e., physician spending) there was actually a 4-5 percent increase. As one report concluded: "There is no evidence that limiting med mal lawsuits will bend the healthcare cost curve, except perhaps in the wrong direction." Finally, the reports found no overall increase in the number of physicians. When our Legislature was considering tort reform, physicians claimed that exposure to med mal judgments was forcing physicians to leave the state. The findings of these reports completely undercut those claims. There was simply no correlation between the presence of damage caps and physician supply. The people of West Virginia deserve better. Armed with money and good PR, healthcare professionals convinced the Legislature that tort reform was necessary to fix the healthcare system. Time has proven that they were wrong. If anything, these efforts at "reforming" healthcare have only made things worse--and, no doubt, will continue to do the same in the future. The Legislature should give these new reports careful attention at its interim committee meetings this fall and at its upcoming session in January. Not only should damage caps be repealed, the Legislature should rethink all of the tort reform measures it has enacted. Tort reform was, and is, a bad idea. It's a shame it's taken this long for the truth to come out.

Reflections on West Point - 20 Years Later

Last month, my family and I attended my 20th reunion at the United States Military Academy at West Point. In 1994, I graduated from West Point and began my service in the United States Army. Time sure does fly. It seems like just yesterday that my classmates and I were Plebes (freshmen) who had no idea what we had gotten ourselves into, up well before dawn to deliver newspapers to the upperclassmen, shine our shoes, prepare for class, and make our rooms spotless for morning inspection. It also seems like just yesterday that more than a few of my classmates and I headed off as Second Lieutenants to keep the peace in Bosnia. Since then, many of those classmates have gone on to do much braver and important things than I could ever take credit for. It was great to reconnect with my classmates. To see them now not as bewildered Cadets, but as fathers and mothers, husbands and wives, and for some, Lieutenant Colonels and Colonels. I remember how proud we were to pin on those Second Lieutenant gold bars, now some of those same friends have the silver eagles of the "Full Bird" Colonel. Amazing. More importantly, it was great to see West Point through the eyes of my own kids and to interact with the current members of the Corps of Cadets. These young men and women come from every corner of the country, every race, and every income level. They have voluntarily given up the "college experience" for four years of discipline and hard work before many of them will go directly into harm's way for our country. The fact that I used to be one of them did not stop me from admiring these young people and how uniformly courteous, kind and friendly they were to me and my family. How ready and responsible they seemed at such a young age. The future of our military is in good hands. A story from my mom illustrates what I mean. My mom and dad came down to help out with my niece and younger kids while my wife, my two older boys, and I watched the Army-Ball State football game at Michie Stadium on the Saturday of my reunion. Like any other college football game, the scene around the stadium before the game is crowded and chaotic. My mom was afraid that one of the little kids would get away from her and get lost in the crowd until she had a very comforting idea. She pointed the Cadets out to the kids and explained to them that you could tell who they were because of their uniforms. She told them that if they got lost, they could ask any one of those young men and women for help and they would be safe. In how many places could a grandmother trust her grandkids with a stranger and know things would be OK? I am proud of my school and offer my prayers for the safety and success of the next members of the Long Gray Line. Beat Navy.

Yinzer's Win!

After weeks of close contests and national debate, the fraught competition to decide America's ugliest accent has finally come to a dramatic close. And the winner is that moonlit, magical city-the Paris of Allegheny County, the Venice of the Ohio Valley-Pittsburgh, City of Jagoffs. Dahntahn Picksburgh home of the Pirates, Pens and Stillers, is again a city of champions. We praudly wear the title of America's ugliest accent. Those naut familiar with "the Burgh" may question how one can be praud to be associated with such a dubious honor n'at. Easy...ya have to know Pittsburgh and the people that makeuup this wonderful city to appreciate its uniqueness. When a "Yinzer" (typically identified with a person born and raised in Pittsburgh) breaks bread, or in Pittsburgh's case, shares a perogie and kraut n' stuff, with another Yinzer, what manifests immediately is a sense of comfort. Chances are you are dealing with person who is from hard working, resilient, humble, honest and compassionate family who is happy to share your cumpny (company). Ha ha ha... For many of us born and raised in the Burgh, anytime we hear the words, "Jaunt Eggle", "Tahn Taulk" (bread), gumband, jumbo, woorsh (wash), chipped ham, etc. we cannot help but to have a smile on our face recalling family gatherings or nights aught with friends. Funny, but I did not know that phrases like "go red up your room," "Jaeat yet" or "stay aught of tha jaggers" were unique to Pittsburgh until early adulthood; I thought that others had the accent. Now that I know otherwise, I look forward to those aupertoonities to bond with my fellow Pittsburghers, and represent that sense of Pittsburgh pride with others not so familiar with the city. Pride that appears to be quite contagious and thankfully so - I am truly blessed to live in one of the world's most livable cities. See yinz guyz later!

What Is a Deposition and Why Do We Take Them?

A deposition is a critical part of the litigation process. Merriam-Webster's Dictionary defines deposition as "a formal statement that someone who has promised to tell the truth makes so that the statement can be used in court; especially: a formal statement that is made before a trial by a witness who will not be present at the trial." A deposition has been defined by those in the legal community as a " witness's sworn out-of-court testimony. It used to gather information as part of the discovery process and, in limited circumstances, may be used at trial." Some say that a deposition has two purposes: (1) to find out what the witness knows and (2) to preserve the witness's testimony. A deposition, however, has far more important purposes than simple fact finding. One of the most important purposes of a deposition is to judge the appearance the witness will make before the jury. Is the witness pleasant? Is the witness likeable? Does the witness appear to be forthcoming and honest? Is the witness argumentative and evasive? Judging the appearance that the witness will make before the jury is just as important as learning what factual knowledge the witness may possess. It is the rare case where all of the witnesses agree on the facts. The jury is going to be required to make credibility determinations at trial, determine how much weight to give each witness's testimony and decide who to believe. Knowing how the witnesses will present to the jury provides crucial information, which helps to assess the value of your case, including whether the case should be settled or taken to trial. At Bordas and Bordas, we know that the visual image of a witness when he or she is testifying is just as important as the words they say so we generally videotape depositions. Having a video of the witness's testimony brings life to otherwise plain words on a page. When an attorney, adjuster, judge or juror is simply reading a deposition transcript, important clues such as tone, pauses and hesitation are lost. Whether consciously or unconsciously, people use visual clues to gauge other's credibility and honesty. A video deposition records these important components of a witness's testimony, which are otherwise in a written transcript. Two depositions I once conducted on the same day provide good examples of what would be lost if we did not have the visual component of the testimony. The first witness was a woman in her mid-thirties. She looked at me with pure disdain throughout her testimony, her body was positioned in a defensive posture and her voice in responding to my questions was one of disgust. My questions were met with audible sighs and eye rolls that would not appear in the written transcript. The hostility she was conveying was palpable and it was obvious she was attempting to evade answering any question, whether the question had significance or not. However, when she would address her counsel or answer questions posed by him, her demeanor was entirely different. Her body relaxed and her voice took on a sugary-sweet tone. Upon watching a portion of the video, one of our legal assistants commented to me that a jury would very much dislike this witness and not believe a word she says. However, had we not videotaped the witness, we would have lost that crucial information. Contrast that deposition with the second deposition I took that day, that of the first witness's supervisor. The second witness was pleasant, direct and maintained a relatively relaxed body posture. While I may not have liked all of her answers, I came away from the second deposition believing that a jury would like the witness and place more credence in her testimony than the first witness. By comparing and contrasting witnesses' demeanor during depositions, an attorney is provided with critical information on which witnesses the attorney will want to focus upon at trial. At Bordas and Bordas, we tell our clients to just be themselves and answer the questions posed directly and to the best of their ability. If they do that, they will come across to the opposing side well and defense counsel will walk away from the deposition knowing that the jury will like this person. Whether the deposition is videotaped or not, attempts to avoid direct answers to simple questions serves only to call into question the veracity of the witness's testimony. The first witness in my example above provides a prime example of how hostility and attempts to avoid answering simple and direct questions will ultimately work against the deponent. Her deposition took over twice as long as it should have taken because she tried to avoid answering any questions. In the process, she gave me great information on how she would present to a jury, including great visual evidence and sound bites that cause any reasonable juror to question this witness's credibility. She is also a prime example of why a deposition is so much more than a simple method of learning a witness's factual knowledge. A deposition provides crucial information regarding what witnesses should and should not testify at trial.

A Tribute to Rose Contraguerro

I first met Rose Contraguerro nearly forty years ago when her daughter Mary Ann Ennis became a second Mother to my children. From the moment I met her, Rose became MeeMaw to me...the name she was called by her grandchildren. Rose was a Mother to eleven children. Her husband died young. Saying she didn't have it easy would be an understatement. Even back when I first met her she had a good start on setting a world record for having the most grandchildren. Little did I know that some day one of her grandchildren would become my daughter-in-law. I was drawn to her. She made me feel like I belonged, that I was a part of her family from the minute I met her. Her needs were simple. She wanted to be surrounded by her family; she wanted to love and to be loved. For many years, her home was ground zero for holiday events. She cooked and decorated and hoped every last one of her family showed up to share the holiday. After she became "chair-bound," she still wanted everyone to show up, even if she wasn't the one doing the cooking. She never seemed to be short on patience, there was always a smile on her face and she showed a real interest in each person who crossed her path. She taught several generations of Contraguerro girls how to be a lady and several generations of Contraguerro boys how to treat a lady. Her legacy stretches from one end of Wheeling to the other and beyond our state's boundaries. As Rose aged into her nineties, she became less and less able to move around. I watched her nine surviving children take shifts to make sure she was never alone. When she was hospitalized for the last eleven months, I knew that several of her children were there each day. I knew that for some it meant driving to Washington, Pa. everyday after a long and exhausting day at work. I knew that many patients linger in a nursing home for years without a single visit from a child. What had Rose done to merit this kind of love and devotion? She had little to give of material goods. There was no big inheritance waiting. What Rose had done was to deposit love, great sums of it, in the bank that was each of her children. When she needed it, it was right there waiting where she had deposited it... in the banks that were her children. At a time when she couldn't speak, couldn't hug, couldn't give anything at all, the love she had given to each of them was given back to her. Isn't that what being a Mother is all about... giving until it hurts, giving until there's nothing left to give? And when a Mother does it right, her children learn that being a son or a daughter means giving until it hurts, giving until there's nothing left to give. Rose did it right. She did it best. Having known her was a joy and an honor. Having known her has made all of us better people. She will be remembered. She will be missed. She was loved.

Follow the Steelers' Lead and Enjoy the Rollercoaster Ride of Life

As an avid sports fan, this is one of my favorite times of the year. The leaves are changing color, the NBA season is just starting, the college football playoff race is heating up and every week is important in the NFL. After graduating from law school and moving to Pittsburgh, I have been following the Steelers closely and it has been amazing to watch the public perception of the team change over the past several weeks. Specifically, I enjoy listening to sports radio shows on my way to work, and it is always entertaining to see how quickly the hosts change their "expert" opinion from week to week. Several weeks ago, after a 31-10 loss to the Cleveland Browns, the local sports radio hosts could not stop talking about how horrible Pittsburgh's offense was and how they thought the offensive coordinator needed to be fired. Even though the Steelers were 3-3, countless listeners called in and were just as worried about the team's ability to compete against the NFL's elite in the upcoming weeks. Fast forward three weeks, the Steelers have won three straight games including dominating performances against the Colts and Ravens. Not only have the Steelers been winning, but the offense that everyone was worried about has scored at least 30 points for three straight weeks. Moreover, the Steelers' quarterback, Ben Roethlisberger, has thrown for 12 touchdowns in the past two games, which is a new NFL record. Perhaps the most remarkable statement, in my opinion, came this morning on the same radio show that was calling for the offensive coordinator to be fired a mere three weeks ago. The host of the morning talk show now thinks the Steelers should worry that other teams may offer the offensive coordinator a head coaching position for all of the success he has had this year. A mere three weeks have completely changed the city's outlook on this man's ability to coach. While changes in sports are minor compared to the changes people endure in their everyday lives, I have always believed that sports are an excellent tool to teach children and adults life lessons in a relatively cost free environment. One of my coaches in college always told me that life and basketball are like a rollercoaster ride, with many highs and lows, but successful people and players find a way to enjoy the highs and ride out the lows, realizing, like the Steelers, things can change quickly. Many times, changes in people's lives can be difficult and cause unhappiness and stress. I can think of many examples in my own life where change was not expected and took me down a completely different path than originally anticipated. However, these changes, although sometimes difficult, can lead to the greatest periods of growth in people's lives and often lead to a better result than originally planned. Like the Steelers over the past several weeks, change can occur quickly and life's ups and downs can come and go with little warning. Many times, when people are struggling through times of great change, embracing and overcoming the changes with a positive outlook can lead to some of life's greatest joys. Hopefully the Steelers can stay consistent this upcoming week and their opponent, the New York Jets, do not stumble upon this blog post and find a way to change their recent struggles.

What 5th Grade Vocabulary Can Tell Us About the Practice of Law - Part 2 - 'Associates'

Last week, I posted on how my daughter's fifth Grade class was using sentences about the legal profession to learn how to use their vocabulary words. That first post discussed the word "aggressive." The next vocabulary word my daughter learned about was the word "associate." Her sentence read: "From the newest associates to senior partners, lawyers must research cases to find ways to support their arguments. For this reason, they often spend long hours in law libraries." That one made me chuckle a little bit. As is true for a lot of professions, technology has brought about sweeping changes in the way law is practiced and researched. The days of the law library are nearly gone and now most legal research is conducted on the computer. At Bordas & Bordas, we are at the cutting edge of this technology and have available to us very powerful research tools that would have been unimaginable a generation ago. This technology allows us to quickly and accurately identify the cases, statutes, and rules to help our clients win on important issues. Our use of mobile technology puts these powerful research tools in the hands of our attorneys even if they may be out of town at a hearing or trial. I have experienced firsthand how useful these tools can be, even in the middle of a complex argument. Beyond legal research, we also have the technology to present our clients' cases in the most effective manner possible in the courtroom. We have the tools and expertise to display to judges and juries, in "real time," the documents and records necessary to help our clients win. We have the ability to show deposition video clips during a trial. If a defense witness attempts to change his or her story during trial, we have the ability to show, on a screen in the courtroom, the same witness swearing to a different story earlier in the case. A number of our cases involve working with experts to create medical illustrations to help the jury understand the full nature of the injuries and losses experienced by the victims of a catastrophic injury. We have even created and developed a computer-generated animation that recreated an industrial gas explosion. This animation allowed the jury to visualize a complex set of engineering information and to see what impact the explosion would have had at the time. The days of the law library may be fading away, but the door is open to the use of technology as a powerful tool to help us fight for justice for our clients. We embrace those opportunities at Bordas & Bordas.

Why Do We Celebrate Halloween?

Yesterday, as I was driving home from work, the radio was bombarded with advertising about where to get Halloween costumes, where the best Halloween parties would be and all of the activities associated with the holiday. As I was listening to all of the advertisements, I could not help but wonder, "what exactly does Halloween celebrate?" Moreover, when I thought of other holidays, like Christmas, Easter, Thanksgiving, etc., it was easy for me to quickly point to the purpose of the holiday. However, despite celebrating it in one form or another for my entire life, I could not think of one reason as to why people dress up in scary costumes, children go from door-to-door asking for candy, or why anyone would ever say "trick or treat." My purpose for this blog is to answer all of these questions for myself and help you look smarter when you are handing out candy or are at a Halloween party. There are two reasons why Americans celebrate Halloween: the first is the old Celtic holiday of Samhain and the second is the Christian holiday of All Hallows' Day. Many believe the origins of Halloween can be traced back to the festival of Samhain, which means "summer's end" in Old Irish. Samhain was held yearly around October 31, and the festival marked the end of the harvest season and the beginning of winter. During this time, the ancient Irish and Scottish believed spirits and the souls of the dead could more easily enter our world and could cause havoc such as damaging crops and sickness. As a result, people would leave gifts or offerings to the spirits in order to welcome them. In 19th century Ireland, candlelight prayers would be said before special bonfires and eating and drinking games began. The bonfire would attract insects, which would attract bats, and many believe this is one of the reasons that bats are closely associated with Halloween. Dating back to as early as the 16th century, in modern Ireland, Scotland and Wales, the festival included "mumming and guising." Mummers were short seasonal folk plays that would be performed by actors either going house-to-house or in a public area. Guising was a tradition where children would go door-to-door in disguise and perform a song or recite a verse in exchange for gifts, such as food, coins or treats, for their Halloween party. Whether it was actually believed or not, the tradition was that giving to the children would bring good luck and not doing so would bring difficulties. The traditional lights used by the guisers were turnips hollowed out to act as lanterns. Similar to our modern day pumpkins, a turnip would have a picture of a spirit or goblin carved into it. However, Halloween is also before the Christian holy days of All Hallows' Day, which occurs on November 1st, and All Souls' Day, which occurs on November 2nd. The day before All Hallows' Day was referred to as All Hallows' Eve and major feasts and celebrations would occur throughout these three days to celebrate and honor the saints and pray for the living and recently deceased. "Souling" was a tradition where cakes would be baked and shared with groups of poor children who would often go door-to-door collecting cakes in exchange for praying for the givers' relatives and friends. The tradition of dressing up was created to disguise the wearer of the costume and confuse the souls of the departed who would wander the earth possibly looking for their last chance at revenge before moving on to the next world. Both the Christian and Celtic traditions involved young children, who were usually poor, going door-to-door and asking for some type of gift. It is believed that the phrase "trick or treat" was used in both of these traditions by younger children who would threaten mischief or a "trick" if they did not receive the "treat" they came to the house for. In America, the holiday was originally celebrated as All Hallow's Eve by churches. However, due to the large influx of Irish and Scottish immigrants during the 19th century, many believe the traditions of both of the holidays have been blended together into the current state of American Halloween. Whether you are going door-to-door for candy, handing it out on your porch, or are having a party, I hope you learned something about the holiday and have a safe and happy Halloween!

Some Coaches and Schools Still Get It

For most of my adult life, I have been involved in high school athletics in one way or another. I have always looked at high school sports as an extension of the classroom. At this level, sports should not be just about wins and losses; it should be about teaching young men and women important lessons about life: the value of hard work, team work, and dedication to a goal. Over the years, it seems as if more and more folks have lost sight of the educational role of high school athletics, focusing instead on winning at all costs. Every year we see more and more examples of coaches actually fighting with one another, parents screaming like crazed lunatics from the stands, and game officials being attacked. And yet just when I begin to feel as if high school sports have permanently changed for the worse, a story emerges that shows some coaches and some schools still get it. Last week, our nation was horrified by the news of yet another school shooting. A 17-year-old student at Marysville Pilchuck High School in Washington opened fire in the school cafeteria. Three students were killed, and several others seriously wounded. Had a heroic young teacher not intervened as the shooter was trying to reload, the loss of life would certainly have been far greater. The tragedy ripped at the hearts of everyone in the Marysville community. That same week, the Pilchuck football team was scheduled to play the Oak Harbor High Wildcats. The game would decide the league championship, no small matter in the modern world of high school sports. I'm sure no one was surprised when it was announced that the game would not be played as scheduled. After all, the Pilchuck community was dealing with a tragedy of the worst magnitude, and it's only right that they be given time to grieve the terrible loss inflicted upon them. But the coaches, players and administration at Oak Harbor High saw the circumstances as more than a game to be rescheduled. They saw an opportunity to teach their students, their athletes, and even some of their parents an important lesson about priorities in life. Oak Harbor sent word that they did not want to reschedule the game. Instead, they opted to forfeit, voluntarily accepting second place and handing the league championship to Pilchuck. On top of that, when Pilchuck held a memorial vigil later in the week, every member of the Oak Harbor football team showed up, in uniform, to show their support. I really wish I could get on an airplane, fly out to Washington, and shake the hand of each and every player and coach on the Oak Harbor football team. Through their one act of kindness and compassion, they have shown our entire nation the true meaning of sportsmanship. League championships are important, but they pale in comparison to the importance of teaching our young people to do the right thing. We have seen similar examples set by some of our local high school teams. When Hundred High School was forced to cancel its football season, Cameron High School and Head Coach Scott Holt invited the senior players from the Hundred team to participate in the Senior Night festivities at Cameron. The Hundred players may have lost their season, but they were still able to walk across the football field and be honored by parents, friends, and teammates for their commitment to Hundred High. Similarly, when three players from Buckeye Local were seriously injured while on their way to a game at John Marshall, a sign went up at JM in support of the Buckeye Local family. In addition, in a further demonstration of sportsmanship and respect, Coach Rick Goodrich announced that the JM team would wear the numbers of the injured Buckeye Local players on their helmets throughout the remainder of the 2014 season. I'm sure there are going to be plenty of times in the coming basketball season when I will be disappointed by the actions of players, fans and coaches. It happens every year. Shortly thereafter, someone is going to approach me and ask how, as a basketball official, I'm able to put up with the things we have to deal with, year in and year out. Whenever that happens, I'm going to think about the Oak Harbor football team. I'll think about the sportsmanship shown by the coaches and players at Cameron and John Marshall. I'll think about tiny schools like Bishop Donahue, fighting back from the brink of extinction and re-establishing themselves as a team to be reckoned with throughout the state in all three major sports. And I'll tell whoever is listening that I'm proud to be a small part of high school athletics in the Ohio Valley, because here we still have folks who understand that while teams should always strive to win, the ultimate goal is to teach young people about the things that really matter in life.

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