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Technological innovation has improved the safety of motor vehicles over the last thirty years.  The mandatory use of seat belts has been accompanied by the development of harness belts and sensor technology.  Airbags have become sophisticated to the extent that their deployment depends upon the location of vehicle impact during a crash.  But for all of the advancements in vehicle safety, individuals still suffer serious injuries when cars collide.  Among those injuries, brain trauma can be among the most complex to address.

I have written before on this page about the Trump Administration's vendetta against the agencies that are tasked to protect our environment and Americans from toxic substances by gutting their budgets and closing departments responsible for the enforcement of environmental laws and regulations.

On February 13, 2018, the Court of Appeals weighed in on an important issue relating to the discoverability of private social media content. In a unanimous decision, New York’s highest court reversed the First Department’s application of a heightened threshold for the production of social media records where the account holder has chosen to share posts on a private setting only.

Last week the United States Supreme Court denied certiorari in CareFirst, Inc. v. Attias, No: 17-241. The denial of certiorari leaves in place the D.C. Circuit’s August 1, 2017 decision which found that victims of the 2014 CareFirst Data Breach had standing to sue the company for the increased risk of harm associated with the disclosure of their private information.  

Activism is alive in Parkland Florida. And not merely alive, but raging.

Agree with them or not; support them or not: one must be impressed by the vital energy that the survivors of the Parkland mass shooting have directed toward being the change they seek.  Merely two weeks after a mentally ill former student massacred 17 people and injured 14 others at the Marjory Stoneman Douglas High School survivors have mounted a massive campaign to reform gun laws in this country.  They have debated with lawmakers, with an NRA representative and others in a nationally televised Town Hall.  They have started a national fundraising movement under the hashtag "NeverAgain" in an effort to fund local efforts to remake gun laws.

I began to write this blog piece on February 9, 2018, before the most recent mass school shooting at the Marjory Stoneman Douglas High School in Parkland, Florida. The purpose was to address how the corporate sector’s assault on science, in order to weaken regulations and civil justice and in turn increase profitability, has been emboldened through a partnership with the current administration and its ties to industry. This was intended to be a discussion of the chronic injury caused to our public’s health by undermining independent scientists and government agencies charged with research and regulation of dangers that chemicals and products present to our health and environment.

Allscripts Healthcare Solutions, which offers IT solutions for physicians, hospitals, and other medical service by providing (among other things) electronic health records (“EHR”), financial management and e-prescription services was subject to a ransomware attack on January 18, 2018.  The ransomware attack prevented medical providers using the Allscripts platform from accessing patient’s records, or electronically prescribing medication – causing a severe disruption to a number of medical practices.  

On December 26, 1960 the underdog Philadelphia Eagles stunned the Green Bay Packers at Franklin Field to win the NFL championship.  I attended that game as a 1st year law student and I joined the rest of the city and celebrated the win.  Today, 57 years later, I can still vividly recall the touchdown pass from Norm Van Brocklin to Tommy McDonald that was a key part of the Eagles 17-13 victory.   And I am proud to represent Mr. McDonald, along with over 1,100 other former NFL players, in the concussion litigation.

It was at 9800 feet---above the clouds---that I first began to cramp. My climbing companions and I had climbed from the Paradise Ranger station at 5500 feet of elevation on the southeast flank of Mt. Rainier in unusually sunny and warm conditions for June.  We had covered the roughly 4000 vertical feet and 5 miles in a little less than 4 hours, and while I felt strong, I knew that I was in trouble when my feet began involuntarily curling in my double plastic boots.  Despite the 4 liters of water I had consumed over 4 hours, I was dehydrated.  Due to the sun and warmth, multiplied by the sun’s reflection off the glacier, I had been sweating heavily during the ascent.  Despite 12 months of rigorous training, the effort of carrying 60lbs. of equipment up slopes as steep as 50 degrees had taken its toll.

How can Locks Law Firm celebrate the appearance of the Philadelphia Eagles in Super Bowl LII given that we have been battling against the NFL in the concussion litigation for over six years?  Quite easily and joyously!   Yes, the conduct of the National Football League in failing to protect its players from the risks of chronic traumatic encephalopathy (CTE) has been heinous.  And yes, the NFL continues to throw every roadblock possible in the way of former players and the the surviving spouses and families of former players seeking compensation pursuant to the settlement which was achieved in the litigation.   It's even true that in the first couple of years after I began working on the case I had a difficult time watching the games.   Seeing players suffer obvious concussions and being permitted to continue playing was horrifying given my knowledge of the risks that would result from their being permitted to continue playing.  But changes have been made.  Things are improving.  It is still far from perfect, but the concussion protocol which has been implemented, I believe in large part because of the litigation,  is a huge improvement.  Rob Gronkowski did not return to the AFC championship game after suffering a concussion.  Five years ago he likely would have, to his detriment.  We at Locks Law Firm are proud to have played a role in spurring the NFL to implement these long overdue changes.