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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.

What Do I Do If I Am Involved In A Forklift Accident?

According to the Occupational Safety and Health Administration (OSHA), forklift accidents account for more than 96,000 injuries every year. Of those accidents, 85 resulted in a fatality and 34,900 caused serious injuries, such as broken bones and amputations.  With over 855,000 forklifts in operation across the United States, it is important for you to know how forklift accidents occur and what to do if you are injured by a forklift.

In previous blog entries on this subject, we have discussed the general nature of the hazard of lawn tractor rollovers and some of the statistics that have been compiled concerning them. We also have addressed the industry history of Rollover Protection Systems (ROPS) and its’ near 100% effectiveness in preventing death. We have also discussed some of the defenses which the tractor manufacturers have asserted in court to justify why they either do not have ROPS available or make them available only as extra optional equipment for an additional price.

Surveillance videos can make or break a case. The Pennsylvania Supreme Court issued an important opinion on access to police dash-cam videos, or motor vehicle recordings (MVRs), on June 20, 2017 in Pennsylvania State Police v. Grove, 161 A.3d 877 (Pa., 2017). Grove was the subject of a prior blog. Since Grove, there have been a new statute and a new case that are both important.

In a classic attempt at restraining the speech of critical government agencies, the Trump Administration last week advised employees of the Department of Health and Human Resources (HHS) to avoid certain words when preparing budget requests. The words the Trump Administration seeks to ban are "vulnerable" "diversity" and "entitlement."  Bad enough one agency was the target of Trump’s attempt at prior restraint of speech. Later that same week, the Centers for Disease Control were told to avoid four other words: transgender, fetus, evidence-based and science-based.  

Slip and fall accidents are  common and costly, and they account for a large share of hospital visits  in this country. From icy stairs to sidewalks and parking lots, property owners in cold weather states such as New Jersey must be vigilant to reduce or eliminate slip and fall injuries that occur on their property.