Thursday, October 25, 2012

POPCORN LUNG LAWSUIT


Wayne Watson of Denver, Colorado, enjoyed popcorn. He enjoyed it so much that for a period of ten years he would eat two bags of microwaved popcorn each evening.
 
Watson developed what is known as microwave popcorn lung. A condition similar to lung cancer caused by smoking and mesothelioma caused by asbestos. Watson is suffering. He cannot work. He soon will die. His suffering and death caused by the fumes arising from the artificial butter in microwave popcorn.
 
A jury agreed such was the case. The jury recently awarded Watson $7.2 million.
 
Turns out microwave popcorn, prior to this lawsuit of course, contained a chemical called diacetyl. A toxic substance known to cause  an illness similar to lung cancer. An individual develops popcorn lungs when fumes from the heated popcorn containing diacetyl are inhaled.
 
Watson is going to die. Life has a court room value. However, $7.2 million on its face appears excessive. Not in Watson's case.
 
The manufacturer of the microwave popcorn had known for several years of the dangerous implications of inhaling the butter flavorer containing diacetyl. The knowledge was obtained from the numerous Worker Compensation cases brought by their employees who had inhaled diacetyl fumes while working to make the microwave popcorn.
 
Once a manufacturer has knowledge of the dangerous propensities of its product, it is obligated under law to cease and desist in its manufacture. The manufacturer is also required, if he is stupid enough to continue to knowingly produce the product, to place a warning on  the label of its product of the product's dangerous  propensities. Similar to the warning on a pack of cigarettes.
 
In this instance, the manufacturer did neither. It knowingly continued to manufacture the microwave popcorn containing the diacetyl and at the same time failed to provide the consumer with any warning.
 
The $7.2 million verdict was divided into two parts.
 
Watson received $2.2 million for his pain, suffering and and all direct ramifications of the inhalation. This is known as compensatory damages. The law allows a wronged person to collect money for all damages directly flowing from the wrong doing of the manufacturer.
 
The remaining $5 million was awarded Watson as punitive damages. When a manufacturer does something so bad as to shock the conscience of the community, the manufacturer must pay an additional amount by way of penalty. It is a warning to the manufacturer that it should not have done what it did. In Watson's case, (1) knowingly continuing to manufacture the microwave popcorn with knowledge it was dangerous and (2) further failing to warn it's inherent danger stretches matters beyond credulity.
 
The manufacturer was penalized for its egregious wrongdoing. The huge punitive award is punishment to the wrongdoer and warning to the rest of the world not to do things such as occurred in the instant case.
 
A lot of good the $7.2 million is going to do Watson.The manufacturer has the case on appeal. By the time the appeals process is exhausted, Watson will be long dead.
 
 

Thursday, October 18, 2012

HOOVERVILLES, HOOVER BLANKETS, HOOVER SOUP


Herbert Hoover came from an interesting background. An engineer and businessman, he became a millionaire.
 
His business acumen was recognized. He was called upon to help when others were in trouble.
 
Europe was devastated following World War I. Food especially was a problem. Hoover was asked to head up a massive relief effort to save the European masses from starvation. He did. His was a gigantic humanitarian effort. He went after the necessary monies, found the food supplies, and got them to those in need.
 
He devised appealing gimmicks to get the American people to cooperate in the effort. Things like Meatless Mondays and Wheatless Wednesdays. The term Hooverize came into being. It meant going with less so that others might be helped. Hoover "Hooverized" the American people, big and small alike.
 
Hoover was touted as Presidential material. Even Franklin Delano Roosevelt recognized Hoover's Presidential capabilities. In 1919, Roosevelt  said Hoover is "...a wonder and I wish we could make him President." Thirteen years later Roosevelt would defeat Hoover in a Presidential election.
 
Hoover had little time to enjoy his Presidency. Within one year, the crash of 1929 occurred. World wide. Worse than the economic problems we are experiencing today.
 
Initially, America thought the right man was in the White House. Hoover had fed millions and saved Europe a little more than a decade earlier. He was being called upon again to be a savior, a humanitarian.
 
Hoover did not react as anticipated. He did not help. He was philosophically opposed to government handouts. His description. He would create no entitlements  to help the people.
 
Time to place everything in perspective.
 
Shanty towns developed. They housed the poor. They became known as Hoovervilles. Similar to today's homeless. Some of whom live under bridges and in mangroves.
 
Newspapers were in vogue. People wrapped newspapers around themselves to keep warm. Hoover blankets they were called. The cardboard boxes people wrap themselves in today to keep warm.
 
Food. There was an insufficient supply. What there was, few could afford.  Thin gruel and soup kitchens became popular. The meal was known as Hoover soup. The Today's church kitchens and street begging.
 
The Hoovervilles, Hoover blankets and Hoover soup are not terms of my making. They are the names the people of America subscribed to their way of life during Hoover's years in office.
 
America was perplexed. How could this successful and wealthy fellow citizen known for his generosity fail them when they were in need. People were depressed.They could not understand the poverty they were experiencing. Moreover, they could not understand how their President was opposed to government handouts. Handouts that they viewed as assistance in their time of need.
 
Hoover lasted one term. Roosevelt handily defeated him.
 
Roosevelt immediately went to work to help his fellow Americans. He made the government step in. He devised programs and had laws passed to provide immediate assistance. Federally funded work projects and financial plans to assist were born. The banks were closed, reconfigured and reopened. The government became involved. Roosevelt's government helped people. Help that was not considered a handout. Roosevelt viewed government as a tool to assist its peoples in time of need.
 
The age of entitlements was born.
 
Today, the United States is at a cross road. The very purpose of government is being questioned. Reanalyzed. This year's Presidential candidates present opposite ends of the spectrum as to the issue. More so than ever before. One of the candidates has a background and philosophical mind set similar to Hoover's. The American people have to decide how they want to live.
 
Are we our bothers' keepers? Or, do we turn our backs on those less fortunate?
 
We the people will decide by our votes in November.

Saturday, October 13, 2012

CATHOLIC CHURCH....."200 YEARS OUT OF DATE"


Before any one starts beating up on me for what I am about to write, let me say I am qualified to tell this story.
I was born Catholic. Baptized and confirmed Catholic. Attended Catholic grammar school, high school and college. I was an altar boy in grammar school and high school. Sang in the Church choir in high school. I was married in the Catholic Church. My children were baptized and confirmed in the Catholic Church. They all attended Catholic grammar and high schools. Some attended Catholic colleges. All were married by Catholic priests. Their children, my grandchildren, have all been baptized Catholic.
I now am a fallen away Catholic.
My credentials established, let me speak of Cardinal Carlo Maria Martini.
Cardinal Martini was for many years a member of the Church hierarchy. He represented a liberal voice in the Church. In the 1900s and early 2000s, he was considered the next Pope. John Paul II was Pope at the time. However, Cardinal Martini was stricken with Parkinson's disease in 2002. The Papacy was not his to be. Though he continued to be an influence in Rome, his disability incapacitated him for the rigors of the Papacy.
When John Paul II died in 2005, a German Cardinal became Pope. Pope Benedict II. A doctrinaire as contrasted with Cardinal Martini who was a liberal.
Cardinal Martini recently died. Before his death, he was interviewed. He died four days after the interview. His death bed interview was recently published.
Cardinal Martini said the Catholic Church was "...200 years out of date." Its churches big and empty. The rituals and cassocks pompous. Culture aged was the way he described the Church.
He claimed "radical change" was required. Starting with the Pope and Bishops.
Cardinal Martini spoke of the pedophilia scandal. His position was that the Church was obligated to transform itself because of the scandal. He was referring to the way the Church had handled the pedophilia priest problem.
The Cardinal had some strong and novel opinions/beliefs regarding certain issues. From his perspective, condom use was acceptable in some cases. He also recognized the existence of the modern family which he described as a new kind of family. People fell out of love, husbands abandoned wives. A woman is left to raise and care for the children alone. She lives without love. Under these and similar situations, he felt divorce and remarriage was proper.
His thoughts eye openers, window openers. Fresh air time again.
Will Cardinal Martini's positions have an impact on Church teachings?
Who knows. We will have to wait to see who succeeds Benedict II. If the new Pope is liberal as opposed to doctrinaire, yes. Even then, it will take a long time for change to occur.