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.

 

 

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.

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. 

TEXAS JUDGE WARNS OF CIVIL WAR

An insanity prevails throughout our country. It arises from a dislike of President Obama.

A perfect example is a local judge in Lubbock County, Texas. He recently warned of the possibility of civil war if Obama is reelected  Makes sense. His thinking, not conclusion. Texans talk of Obama and the Union with a swagger. Texas Governor Perry last year advised that Texas might withdraw from the Union. If the governor can think in this fashion, why not a judge? Why not people on the street?

The man warning of the possibility of civil war was Judge Tom Head. He made his thoughts known while guesting on a local TV talk show.

The Judge is also Emergency Management Director of Lubbock County. It is his responsibility to prepare and protect the County's citizens in the event of a disturbance.

Why did Judge Head warn of civil war?

Simple. From the Judge's perspective. He believes Obama is planning on turning the sovereignty of the United States over to the United Nations. Give our country away, in effect. Where his opinion came from I do not know. Absurdity is difficult to trace.

As a result of Obama's turning the U.S. over to the U.N., the Judge warns bad things will happen. The worst. There will be civil unrest. There will be civil disobedience. There will be a civil war.....maybe.

He warns not of mere riots and disturbances. There will be far worse. It will be Lexington and Concord. His words, not mine. He believes the people will take up arms to bring Obama down.

He sees Obama retaliating. He claims Obama will send in United Nation troops to put down the rebellion. Note, U.N. troops and not the U.S. Army.

Judge Head says he will not permit such violence to take place in HIS County. He has requested additional funds to add extra Sheriff deputies.

Head is an elected County Judge. He is a nut case. I would not want him deciding any case of mine. His thinking however is common place with many. They ascribe all kinds of devious things to Obama. Improperly so. Dislike Obama. Even hate him, if that is your inclination. But do not believe and shout to the world that he is going to turn our country over to the U.N., with all the bad things that might naturally derive therefrom.

What has happened to common sense and judgment when it comes to Obama? People are crazy. The hatred runs deep.

GOD, PLEASE GIVE ME NO MORE THAN I CAN HANDLE

My entire life I have heard that God never gives a person more than the person can handle. I am referring to personal tragedies in life.

 

I question the validity of the God reference in view of the following.

 

Four weeks ago, we were saddened and shocked to learn of the movie theater shootings in Aurora, Colorado. Twelve killed, fifty injured.

 

Ashley Moser was in the theater. Her six year old daughter Veronica was with her.

 

Veronica was shot and died.

 

Ashley was pregnant at the time. Ashley was also shot. She miscarried.

 

Recently, the doctors advised Ashley that she will be paralyzed the rest of her life. Either a paraplegic or quadriplegic. The doctors re not sure yet. It depends on whether Ashley will have the use of her arms. If not, she will only be able to move from the neck up.

 

Horrible!

 

How does any person handle such a scenario? How does Ashley handle it?

 

I hope God has some special plan for Ashley. Some very special plan.

GIRL 10 GIVES BIRTH TO BABY BOY

What is about to be told is a story of biblical proportions.

 

In the days of Christ and before, child bearing commonly occurred between the ages of 9 and 12. Time changes things. Today 9-12 is not even considered.

 

Except. One of the exceptions involves certain states in Mexico.

 

A 10 year old pregnant girl was admitted to Women's Hospital in Puebla, Mexico on October 22, 2011. She was pregnant and suffering complications from the pregnancy, including seizures. Both mother and prospective child were in danger.

 

A cesarean was performed on the 10 year old girl on November 11, 2011. A baby boy was born prematurely. Thirty one weeks. Nine weeks too soon. Weighed 3.3 pounds. Following his birth, the baby suffered from pneumonia and other complications from premature birth. The child was placed in an Intensive Care Unit.

 

The mother was discharged a few days after the cesarean delivery.

 

The 10 year old mother was not a resident of Mexico. What she was doing in Puebla I have not been able to ascertain. Her home was just outside San Francisco.

 

The young mother made daily visits to her child. To breast feed the baby.

 

The authorities are nor certain how the 10 year old got pregnant. They suspect rape. The legal age of consent for a female in Mexico is 12. Rape it is regardless of how it occurred.

 

Puebla is pro life. Without question. It is illegal to terminate a pregnancy, unless the mother was the victim of a sexual assault. The possibility of an abortion was never relayed to the 10 year old or her parents. Nor was any investigation conducted by authorities prior to delivery to determine if the girl had been raped.

 

Life is legally defined in Puebla as "...from the moment of conception to natural death."

 

A little digging revealed that youthful girls becoming pregnant and giving birth is not uncommon in Mexico. A problem in and of itself. After birth, there was no support system in place to assist the very young mother and her infant child. Resulting in the probability an already bad situation becoming worse.

 

My concerns are several fold.

 

If there ever was the need for an abortion, this was it. Forget religion, forget politics, forget everything but the mother and child.

 

In the almost three weeks between the girl's admission and delivery, why was there a failure to advise the 10 year old and her parents of the legality of abortion in the event of a sexual assault?

 

What happened to adoption? Back in the 1960s when I started practicing law, births outside of wedlock occurred. Abortion was illegal. Adoption was the answer. There apparently was no pre birth adoption counseling. Following the birth, none was possible. The mother and child bonded almost instantaneously when breast feeding commenced and continued on a daily basis.

 

I searched and searched and could find nothing concerning the mother and child since the birth announcement in November. I assume both are residing with the 10 year old's parents outside San Francisco. The mother and/or child could end up on welfare. The taxpayers of California will support the child.

 

What of the 10 year old mother's health and mental condition?

 

Studies indicate that a mother under the age of 16 has a four times greater possibility of dying during child birth. The mother should never have been subjected to the danger. Fortunately, she did not die.

 

What of her mental well being. Studies suggest the 10 year old mother will have serious mental problems, including depression, as time goes on.

 

This 10 year old's problem was bungled before and after delivery.

 

Society should neither support nor encourage a 10 year old to continue carrying. Abortion was the answer. As a trained lawyer, I know that no law is without exception. Religion and politics should step aside in such a situation and permit/proceed with an abortion as soon as possible.

 

If the government involved is adamant and will not permit abortion, then a structure should be in place to advise adoption. One is definitely needed in Mexico where pregnancies involving the young are not uncommon.

 

If birth occurs, support systems should be in place to help guide the mother and child.

 

Abortion is not black and white. Though many perceive it that way. As indicated earlier, there should be exceptions. A pregnant 10 year old cries out for exception.

 

The proof of the pudding is where and in what condition the mother and child will be twenty years from now. I wish them both well. I do not know.

 

 

CIVIL WAR ONGOING

The Civil War ended almost 150 years ago. The slaves were freed. Persons of color were held to be equal to their white brothers and sisters.

 

Sounded good in theory. Black people continue to be treated poorly, however.

 

In the 1960s, President Lyndon Johnson was instrumental in the Civil Rights Law being passed. The law was all encompassing. Abuse of blacks was supposedly at an end.

 

2008 saw the election of our first black President. Many thought Obama's election symbolized the race problem had been put to rest. It had not. I suspect the reason many today dislike Obama is because of his color.

 

Something occurred in Crystal Springs, Mississippi recently which supports my premise the Civil War is still with us.

 

Charles and Te'Andrea Wilson reside in Crystal Springs. Both are black. They attend the First Baptist Church in Crystal Springs. They are not formal members. However, they  attend the Church on a regular basis.

 

First Baptist Church is predominately white.

 

Charles and Te'Andrea wanted to get married. They visited the Pastor of what they considered their Church. The marriage date was July 21, 2012. The Pastor booked the Church for them for that date. He also made arrangements for the Church portion of the ceremony. Charles and Te'Andrea sent out invitations inviting friends to their wedding at the First Baptist Church.

 

The day before the wedding, the Pastor spoke with Charles and Te'Andrea. He told them they could not be married in the First Baptist Church the next day. He blamed the congregation. He told Charles and Te'Andrea that the congregation had decided blacks could not be married in the First Baptist church. No blacks. The Pastor further stated that the congregation had told him that if he did marry Charles and Te'Andea In the Church, he would be voted out. A nice way of saying fired. Apparently Baptist ministers serve at the will of the congregation.

 

Would you believe it? in 2012! In a House of God. By people of faith.

 

I have said for years that we continue to fight the Civil War. Blacks have come a long way. A trip they should not have had to make in the first place.

 

The problem of race relations festers. It will not go away.

 

A shame.

 

A shame on the predominately white congregation of the First Baptist Church. A shame on the Pastor who did not stand and do the right thing.. A shame on the South generally that never  forgets nor wants to move on. A shame on us all that the issue of race relations is still with us.