Double Back Flip on Crappy Diving Board with Torn Meniscus

“Me doing a double back flip with a torn [meniscus] on a crappy diving board at Turner Falls in Oklahoma.”

-Alex Davis, July 28, 2008

June 22, 2015 at 8:22 pm Leave a comment

Federal Judge Confirms $200 Million Settlement for Victims Injured by Tainted NECC Steroids

Springfield, Mass. – Today, Federal Bankruptcy Judge Henry Boroff ruled in open court confirming the approximately $200 million settlement plan for the victims of the fungal meningitis outbreak caused by contaminated steroid injections from New England Compounding Center (NECC).

The NECC saga began as a tragic yet hopeless case from the perspective of even the most optimistic attorney advocates: in September 2012, the Centers for Disease Control (CDC) announced a nationwide fungal meningitis outbreak spawned by contaminated injections from NECC, a relatively small compounding pharmacy in Framingham, Massachusetts. NECC closed its doors in October 2012 and filed for Chapter 11 bankruptcy on December 21, 2012. At that point, the CDC had confirmed hundreds of cases of fungal meningitis and dozens of deaths linked to this outbreak.

Attorney Anne Andrews, Co-Chair of the NECC Official Committee of Unsecured Creditors, is no stranger to bankruptcies in mass tort cases. In the May 2014 issue of Trial magazine, Ms. Andrews explained:

When a defendant in a mass tort litigation files for bankruptcy, it can be challenging to achieve just compensation for all victims. But it is possible if the plaintiffs’ attorneys work together to create a global settlement architecture that entices defendants to the table.

For nearly thirty years, Ms. Andrews and John C. Thornton, partners of Andrews & Thornton, have worked extensively litigating personal injury product liability cases against major pharmaceutical companies resulting from the sale of dangerous drugs, medical devices and dietary supplements.  Andrews & Thornton has been involved in various federal multi-district litigations and state court coordinated litigations beginning with the Dow Corning Breast Implant litigation. Andrews & Thornton has extensive experience with and has been an active participant in virtually every recent tort claim related litigation within a bankruptcy.

The NECC settlement has nearly doubled since Judge Boroff approved the initial settlement Plan in July 2014. All classes of creditors overwhelmingly supported the Plan, with over 99 percent of victim creditors voting in its favor.  According to Ms. Andrews:

Now that the Plan has been confirmed, distribution of the global settlement fund to victims will soon begin.  It has been a pleasure to work with an incredible team of colleagues to achieve this extraordinary relief that seemed impossible at the outset. This Plan Confirmation helps bring a sense of closure to the victims of this tragedy and their loved ones, who have waited so patiently for justice and some form of compensation for all they have endured.

May 19, 2015 at 6:12 pm Leave a comment

Happy Birthday, Little Brother

The Lollygabber

Alex's Tree 2     May 11, 2009May 11, 1986 was the most significant Mother’s Day our parents will ever celebrate. I don’t remember you coming home from the hospital, but I do recall sneaking up to see you in your crib. We fought like wild animals until I went off to college, but unconditional forgiveness followed each of our clashes.

In my absence, we started to grow closer, and I wish we had more time to continue on that meaningful trajectory. Our visit to New York was a blast as you bargained in Chinatown and navigated the subway. People started to ask if we were fraternal twins. I took this as a compliment because everyone I know thinks you’re incredibly handsome. We laugh and sometimes even talk the same. The high-pitched hoot distinguished us in theaters, hallways, and classrooms. I’ve hardly laughed like that, though, since you left. I wish I could, if only just to…

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May 11, 2015 at 11:45 pm Leave a comment

Baltimore.

themischiefmemoirs

Marginalized, divided, and scorned,
Frenetic endemic to be ignored
What we have endured,
Ends once
Death haunts,
Us all.

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April 29, 2015 at 10:15 am Leave a comment

Why Nestlé is Evil: It goes beyond infant formula….

unlatched.

199423_480959658610360_116953091_n

I’m just going to list links to various news stories, etc that will explain why I think Nestlé is a bad company.  I routinely talk about Nestlé on my Facebook page, so join me there to continue to be updated.

In the photo album on my page, Boycott NestléI’ve compiled many Nestlé photos and ads.  Here’s just two:

Nestlé ad from 1911 Nestlé ad from 1911

Nestlé ad from 1893 Nestlé ad from 1893

June 2012, Business Insider published an article called “Every Parent Should Know the Scandalous History of Infant Formula” which covers the history and why formula companies, especially Nestlé, are predatory companies that undermine breastfeeding.  Nestlé has gone into developing poor countries and promoted infant formula, which has lead to many deaths because of the lack of clean water sources to prepare formula safely.  And many families cannot afford to purchase formula after the free samples stop and by that time, the…

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April 15, 2015 at 10:08 am Leave a comment

Help Wanted (2015)

See also “Help Wanted (2010)

This California Professional

Feels like Tom Hanks in Big
Dreams of flying and purging
Is at once worldly and naïve
Lacks bargaining power

Needs agency.

April 1, 2015 at 11:26 am 1 comment

Light and Truth: Exhibit C

Tom and Daisy

March 9, 2015 at 5:59 pm Leave a comment

Excerpt from “Safe Mode”

Like a tulip shoved under a giant heat lamp, my upper body wilts beneath yet another wave of depression and grief. More than five years have passed since Lisa’s death, but I’ve become increasingly unable to withstand her absence.

I spend the next six hours coding, hoping this attempt to shed the blues (so blue it’s black) may result in productivity. I find myself humming a tune the oldies station hasn’t played in years:

Please lock me away
And don’t allow the day
Here inside, where I hide with my loneliness
I don’t care what they say, I won’t stay

In a world without love

February 12, 2015 at 6:00 pm 1 comment

Excerpt from “Who Wants to Marry a Savant?”

Professor Heart Attack (again, not to be confused with Professor Heartache) took me to a super fancy restaurant (I forget the name, but it was the kind of place where you can’t wipe your own hands in the bathroom — as he called it, “Zagat rated”) the first night we were in Atlanta. He ordered for me, which I surprisingly liked. (“The lady would like . . . “) I forget what he ordered. Something with truffles, but I hardly had a chance to eat.

And I had absolutely no chance to digest.

“Is it okay if I have a glass of wine? I must say, I don’t feel as sharp when I drink, but the setting seems right.”

“Sure. But I’ll actually have an espresso. I could use a jolt after traveling all morning.” I thought it was sweet he asked my permission to drink, not like I would have ever taken issue with it.

“At two and a half hours, the flight was just long enough to watch Mr. and Mrs. Smith.”

“How was that? I fell asleep 15 minutes in.” I had absolutely no interest in seeing yet another blockbuster with Angelina Jolie running in slow motion with her tits bouncing dangerously close to her chin.

“It was palatable.”

“Glad to be reassured. I wouldn’t want to miss the next American Beauty.”

“Speaking of reassurance,” Professor Heart Attack pulled his briefcase onto his lap and popped it open. “I want to show you something.” He pulled out a stack of papers about an inch thick.

My heart sank into the pit of my stomach. I didn’t need to know the content of the papers to know that a JD/PhD could only produce one of two things from his briefcase in that moment.

December 18, 2014 at 11:36 pm Leave a comment

My Dirty Little Secrets: Warning: this will make some angry

blufrog23's Blog

Everyone is familiar with the social network site Facebook. As we all know most of us have numerous friends from all walks of life, various members of family from either side and maybe even a few complete strangers added as friends of a friend.  Family for me is a very difficult topic to broach as the latter years of my school years were spent in various foster homes. I learned early not to talk about my situation as it became fodder for ridicule or labels by adults that I was a bad seed. During college I wrote a successful paper about my experiences dealing with stereotyping in the world of child protective services having my paper passed around the class as an example of an A grade as well as the desired style of narrative.  Through all of this I doubted any success and I yearned desperately for a connection…

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September 9, 2013 at 11:21 pm Leave a comment

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