The Gary Galiher Law Hour — Episode 6: Asbestos & Your Health w/ Cynthia Davis

Pat Nakata was an icon of his community in Hawai‘i, as good as a citizen can get. Suddenly, he was afflicted by a terrible disease, and only because asbestos was put in the products he worked with by an auto company in 1966. The company fully understood the danger it posed to people like Pat, but it refused to change. Pat could have lived for another twenty or thirty years. Instead, tragically, he died an avoidable death much earlier.

Join us for this week’s episode, with special guest Cynthia Davis, who has been working as a medical adviser with our firm for more than 30 years. She helps to gather medical evidence in cases like Pat’s, and works closely with sufferers of asbestos-related illnesses and their families.

Most people are unaware of how ubiquitous asbestos was. Much more than fire-supressing insulation, it found a place in many thousands of products, from brake pads to dental casts.

People exposed to it develop cancer at an alarming rate. Huge asbestos companies like Johns-Manville found out about that long ago, but they did not share that information widely when they did. Instead, they communicated with other asbestos companies to supress that information. You can read the full story about it here on our Mesothelioma Knowledge Center: How the Asbestos Industry Suppressed and Altered Medical Research.

Thus, exposure to asbestos has happened in all kinds of environments. Our first cases came out of Pearl Harbor, and we traced 30 manufacturers who sent their products into Pearl Harbor for decades without warning the workers. Others have come just from second-hand exposure, where shaking out asbestos-contaminated clothing that someone has brought home from work produced a cloud of asbestos fibers into the air, where it was breathed into the lungs.

Cynthia brings a unique perspective to the conversation, which comes from her medical background and experience specializing in mesothelioma and asbestos cases. It’s because of her fine work that the right medical articles are highlighted and flagged, so that the best scientific understanding can be employed in support of the victims of asbestos companies liable for their illnesses. Above all, Cynthia brings comfort to those affected by helping them through their darkest times. Listen in to her talk with Gary and Mike, and you will understand an important human dimension of the asbestos story—a story that is still far from over.

 

10 Questions to Ask Any Senior Care Home

Knowing what to ask can help you be better informed about a senior care home. The answers you hear could be valuable when you are trying to help yourself or a loved one decide if a home could be a good place for them to live. Here are ten good questions to ask:

  1. What is the staff-to-resident ratio?
  2. What are the staffing shifts and how does resident care change overnight?
  3. How do you determine the level of care that my loved one will need? Or does every resident receive the same level of care?
  4. What type of training does the staff receive and how often do they receive it?
  5. How experienced are the nurses and resident care aides?
  6. What happens if my loved one requires skilled nursing?
  7. Ask them to explain what they mean by statements they make in marketing materials, especially “24 hour nursing care” and “memory care” or other specialized services.
  8. What special care or services do they provide for residents with dementia?
  9. Have you ever been cited or investigated by the State Department of Health?
  10. What is your discharge policy?

The Gary Galiher Law Hour — Episode 5: Elder Care & Preventing Abuse

This week’s podcast abounds with helpful information and advice about elder care and elder abuse. Attorney Anthony Carr joins Gary in the conversation, and they discuss with Mike Buck, our host, everything from the variety of options available for senior care, to the hidden epidemic of abuse and neglect, to how to check in and make sure someone you know in a care facility is getting treated well.

Without question, elderly parents are best taken care of at home, but we have economic needs that force their children to put their mothers, fathers, aunties in care homes because they cannot afford to stay home and take care of them. More often than not, there’s a very slick sales pitch that comes when people are looking for a place.

People are very trusting in Hawai‘i. People assume that placing a parent in a care facility that things are going to be fine—wonderful, even—but you cannot assume that. You need to establish rapport with the charge nurse, and be the advocate for whoever you have there, and satisfy yourself that you have the complete picture.

Partly, that starts with making regular visits to facilities where your loved ones lived. Escort your mom, your dad, your auntie, to their medical appointment. Be a little more niele (nosy) than you normally would. If someone misses taking a bath the day you visit, for example, you should try to find out if that’s an isolated incident or part of a pattern. Are there schedules in place that the facility has allowed to lapse? Vigilance on your part could help uncover such negligence.

People frequently report to us that they first noticed a problem when something didn’t smell right, that the bedding was soiled and hadn’t been changed. Bedsores are especially egregious signs of neglect, and they can worsen quickly. If you are aware of one, don’t leave the facility until there’s a medical intervention: get a doctor involved right away.

“A lot of the incidents that we’ve seen coming into our office were preventable, and that’s where our passion starts—helping to spread awareness and knowledge of these issues, whether it’s the difference in the standard of care these facilities offer, dangers of bedrails, spreading awareness through the community so that they’re armed with that knowledge and information so that these incidents stop happening, and while it might be possible to completely eliminate them, at least we could see a decline.”

One of the main points of our guide is to make sure that, should a loved one of yours require a care facilitiy, they find one that provides the right level of care for their needs. Be extra skeptical about the salesmanship of these facilities, too.

This summary has only scratched the surface. We care deeply about this issue, which is why we’ve devoted an entire website to it at http://StopHawaiiElderAbuse.com, and written a free guidebook, which you can get by filling out the form that follows. Please do listen to the show, too, as it’s chock full of further useful information.

12 More Community Resources for Healthy & Safe Senior Living

We’ve previously posted a roundup of Hawai‘i-based community resources, which can show you where to turn if you are concerned about the well-being of any older person, or if you need to report elder abuse. In the spirit of that post, here we are presenting a new collection of 12 free online resources, which run the gamut of health issues for older people.

We hope you’ll find them as useful and fascinating as we have. We’d also like to send a big thank you to Patricia Sarmiento from the Public Health Corps, who brought many of these resources to our attention.

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1. How to Talk With Your Doctor
Senior Health @ National Institute of Health

http://nihseniorhealth.gov/talkingwithyourdoctor/planningyourdoctorvisit/01.html

This article can help you or your loved ones improve the doctor-patient relationship (and thereby stay healthy!) through improved communication and preparation. By building a partnership with your doctor, you can be sure to cover everything you need to discuss, and make the most of your visits. The NIH also offers a chart to help keep track of medicines.

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2. 22 Senior Health Risk Calculators for Healthy Aging
Calculators.org

http://www.calculators.org/health/aging.php

Here’s a collection of links to special calculators that tally elder abuse risk assessment, lifestyle factors and numerous others related to healthy aging. They’re all free, so you can use any you like.

 

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3. Cats and Seniors
American Humane Association

http://www.americanhumane.org/animals/adoption-pet-care/cat-behavior/cats-and-seniors.html

Mood and health go hand in hand, so fuzzy pets aren’t only fun—they’re good for you, too. What dog people might not realize is that cats are also really fun. Owning a cat also brings health benefits to the whole family, and seniors in particular. Dogs require more training, care, and exercise, which makes them less suited for those who don’t wish to or cannot take the responsibility for canine needs.

 

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4. The New Breed of Service Dog: Canine Caregivers
for Dementia and Alzheimer’s Patients

Rover.com

https://www.rover.com/canine-caregivers-dementia-alzheimers/

Dogs are more than just best friends: therapy dogs can act as service animals for a variety of disabilities. With the right training, well-tempered dogs can improve a person’s independence, social life, confidence and mood. They provide cognitive stimulation in any setting, reignite their human companions’ interest in the world around them, and so much more. Even just visiting a therapy animal from time to time has demonstrated health benefits.

 

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5. Help Support Pets for the Elderly
Pets for the Elderly Foundation

http://www.petsfortheelderly.org/

The Pets for the Elder Foundation helps pay the fees to participating animal shelters throughout the United States for senior citizens (age 60 and over) who adopt a companion dog or cat from a participating shelter. You can learn about them and lend them your support through their website.

 

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6. Older Adults & Anxiety
Anxiety and Depression Association of America

http://www.adaa.org/living-with-anxiety/older-adults

The scientific understanding of anxiety in older adults trails is still unrefined in comparison to Alzheimers or depression. The ADAA can help you recognize symptoms of an anxiety disorder and figure out the best way to treat them. They offer pointers on how to talk to elderly parents about their anxieties, as well as direct advice for the anxious.

 

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7. Seniors & Drugs
NCADD

https://ncadd.org/learn-about-drugs/seniors-vets-and-women/241-older-adults

According to the NCADD, “it has been predicted that by the year 2020, the number of persons needing treatment for a drug abuse and addiction will double among persons aged 50 or older.” They break down myths and state the facts about drug problems as they concern older people.

 

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8. Ultimate Guide to Rehab & Medicare: The Ultimate Guide to Addiction Treatment for Seniors with Medicare
Discovery Place

https://www.discoveryplace.info/rehab-medicare-ultimate-guide

With the senior population set to double over the next 35 years, senior citizens’ special susceptibility to alcohol and drug abuse looms at an epidemic scale. The link has a checklist assessment for addiction and tips for navigating the medicare system to find treatment.

 

StopFraud.gov - Financial Fraud Enforcement Task Force

10. StopFraud.gov

http://www.stopfraud.gov/protect-yourself.html

The link’s chock full of resources, from tips on avoiding scams & swindles to guides for managing someone else’s money, with help for elders as well as their children, to information about the top scams and defensive measures against them.

 

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11. National Center on Elder Abuse
The U.S Administration on Aging

http://www.ncea.aoa.gov/

The NCEA is an organization that brings lawmakers, social service and healthcare practitioners together with researchers, advocates and families. They offer lots of research on their website for the public to use. They also have training curricula, webinars and podcasts geared toward various professional and general audiences. See also our site dedicated to this concern: StopHawaiiElderAbuse.com.

 

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12. Rights for Those With Hearing Loss
Ovation Hearing

http://www.ovationhearing.com/resources/rights-for-those-with-hearing-loss

Persons with hearing loss have won in at least a few noteworthy cases. At the link are extensive resources for advocacy on behalf of the hard of hearing. It includes resources for all 50 US states, and links to several organizations operating exclusively on behalf of hearing loss sufferers in Hawai‘i.

The Gary Galiher Law Hour — Episode 4: Football and Athlete Safety w/ Ross Oshiro

Last week, we started talking about how important it is for people—especially young people—to avoid the pitfalls of sports concussions. We continue the conversation this week with a special guest: Ross Oshiro, Coordinator for the Sports Medicine Program at the Queen’s Center for Sports Medicine joins us.

Chronic Traumatic Encephalopathy (CTE) is a brain disease caused by repeated hits to the head. Even sub-concussive hits that do not cause concussive symptoms increase the risk.

The aftermath of CTE is devastating, and even in the young brains of student athletes, it causes significant cognitive impairment. These students suffer both inside and outside of the classroom from memory loss and executive dysfunction (which is characterized by “deficiencies in planning, abstract thinking, flexibility and behavioral control“), which are brought on both by concussive injuries and CTE.

Football’s huge popularity and high concussion rate, combined with our new understanding of mild traumatic brain injuries, has made the sport quite the hot topic and subject of controversy, recently. Part of the reason football is so dangerous is because of the false sense of security that the helmets give the players. With such a hard shell, players could be excused for feeling invincible. But in fact, while these helmets prevent injuries such as skull fractures, they do little to prevent the less obvious trauma to the brain that concussive and sub-concussive hits cause.

The Big Question is: How can we save the coconut and keep football exciting? Tune in and learn about the technological, cultural, and financial dimensions of this complex issue; and about Hawai‘i’s leadership in advancing athlete safety in the sport of football.

The Gary Galiher Law Hour — Episode 3: Concussion Safety w/ Dr. Nathan Murata

In this episode, Team Galiher joins up with Nathan Murata, PhD., who is the current chair of the University of Hawai‘i Kinesiology and Rehabilitation Science Department, to discuss the cognitive as well as the physical aspects of sports concussions. Dr. Murata’s department has spent the last five years working with HCAMP and the Queen’s Hospital, as well as the many trainers in Hawai‘i public schools, to prevent concussions in various sports.

It’s Time to Change the Game

The conversation covers sports issues such as the National Football League’s cover-up of concussion issues, the sport with the highest concussion rate (wahine judo), and changes in the rules of sports that research into sports-related brain injury shows we need.

What’s important now for the athletes to realize is that there are safer methods of participation, but it also stems from the coaches and the coaching techniques that are currently being delivered in the schools.

—Dr. Nathan Murata, University of Hawai‘i at Mānoa

Hawai‘i is the only state in the US to require athletic trainers in all public high-schools, which is an important first step towards improving the safety of young athletes here. There remains room for improvement, however, in our treatment of the concussions that do occur, such as by ensuring athletes get adequate time for “cognitive rest,” during which the brain heals after a mild injury.

Concussion Prevention Is Still the Key

Moreover, preventing more concussions and sub-concussive injuries would make athletes safer still. Doing so will require changes to the way we play sports. People commonly overestimate the safety that helmets provide, and the NFL’s cover-up of and silence about the issues have curtailed efforts to change the game to make it safer.

We are seeing the tides turn, now, and state legislators are coming aboard. “We’re in a position where we’ve got a lot of people on the bandwagon, and we’re wanting to keep moving the bandwagon forward,” says Dr. Murata. “We plan to do so the best we can so we can continue to operate HCAMP on a state-wide basis, and in particular, not only the high-school student athletes but also the youth sports programs.”

HCAMP was embraced early on, and now all coaches and even some parents are required to go through concussion safety and informational training.

6 Signs & Symptoms of Elder Abuse

Be on the lookout for these signs and symptoms:
  • Mood and/or personality change, unexplained withdrawal from normal activities, a sudden change in alertness, and unusual depression may be indicators of emotional abuse.
  • Mysterious injuries ranging in severity, including bruises, pressure sores, abrasions, fractures or broken bones, burns and scars.
  • Repeated falls under similar circumstances (same location or time of day).
  • Bedsores, poor hygiene, unusual weight loss or unattended
    medical needs are indicators of possible neglect.
  • Behavior such as belittling, threats, and other uses of power and control by caregivers are indicators of verbal or emotional abuse.
  • Strained or tense relationships, frequent arguments between the caregiver and elderly person may also be signs of a problem.

It is also important that you stay aware and speak up if you suspect elder abuse or neglect. The elderly are especially vulnerable and are not always able to communicate their condition.

See our page on Reporting Abuse and Community Resources for more information on what to do if you believe abuse may be taking place. If the situation is serious, threatening, or dangerous, call 911 or your local police department for immediate help.

The Gary Galiher Law Hour — Episode 2: Mesothelioma & Asbestos

What is asbestos? What impact has it had on human life? Who does it put at risk of mesothelioma? Episode two of The Gary Galiher Law Hour will give you a grasp of the inseparable subjects of asbestos and mesothelioma and their continuing influence in the world today.

Asbestos, “whether it’s in powerhouses, whether it’s in the ground, or whether it’s in boats and canoes,” it attacks the lining of the lungs with a “mechanical movement of the [asbestos] fiber like an invisible needle that starts a tumor.” Surprisingly, asbestos is still mined from the ground and used today. According to Gary, “the use has greatly been curtailed in the United States, but it’s mind-boggling, the political influences of the mining concerns in Canada. The still try to use it and they do so successfully.” Asbestos finds its way into parts and supplies manufactured outside of the US, and winds up coming back into the country in these products.

As for mesothelioma, it is an astonishingly powerful industrial disease nearly always caused by asbestos, and a modern understanding of it has dramatically changed the world and the lives of people it affects. “When someone comes in with one of these diseases, we have to move really fast because the prognosis is generally not good,” says Gary. Sleazy insurance companies go to great lengths to defend their clients, who lied to workers about the risks of asbestos exposure. Some insurers have even resorted to criminality, and destroyed evidence in order to protect their profits. Facing them down in the court system leads to David vs. Goliath kinds of battles, which pit individuals against giant corporations that have vast wealth to help them in the fight.

So, although the manufacturers’ liability for exposing workers to asbestos has been proven again and again in court, they continue to work asbestos into new products and put people who work with these products in harm’s way. As Gary says, “we have a dozen companies nationally who never want to see us in a courtroom again… We know the pitfalls, the problems we’re going to have ahead. We anticipate those, and really do our homework. We reach out to experts, consultants, and figure out, and we do our research way before we file anything.” Which is how the Galiher firm continues to fight the good fight and win.

Hawai’i Statistics & Info About Elder Abuse

10,000-24,000 Cases of Elder Abuse in Hawaiʻi Each Year

iStock_000054854042_MediumHawai‘i’s Adult Protective and Community Services Branch (“APCSB”), which protects vulnerable adults from abuse and neglect, reported 801 cases of elder abuse in 2014. However, elder abuse is a “hidden” wrong as experts estimate that for every report of elder abuse to the authorities, between 10 and 24 go unreported (see Lifespan of Greater Rochester et al., 2011). Using this estimate, there are approximately 10,000-24,000 cases of elder abuse in Hawaiʻi each year.

Hawai’i Statistics & Info About Elder Abuse

iStock_000010423734_MediumBetween 1990 and 2012, the number of elderly aged 75 and older increased 47% nationally, compared to a 116% increase in Hawaiʻi. 15.6% of Hawai‘i’s population was 65 and over in 2013, compared with 14.1% nationally.

Elderly Populations Growing Nationally

iStock_000043978712_MediumIn the United States, the 2010 Census recorded the greatest number and proportion of people age 65 and older in history: 40.3 million, or 13% of the total population. This “Boomer Generation” effect will continue for decades. By 2050, people age 65 and older are expected to comprise 20% of the total U.S. population.

85+ The Fastest Growing Age Group

iStock_000003134667_SmallThe fastest growing segment of America’s population consists of those 85 and up. In 2010, there were 5.8 million people aged 85 or older. By 2050, it is projected that there will be 19 million people aged 85 or older.

Community Resources & Reporting Elder Abuse

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If someone is in immediate danger, do not hesitate—call 911 or the local police for immediate help. If danger is not imminent, report it to the appropriate authorities as soon as possible at the appropriate Adult Protective Services (APS) telephone number listed on this page.

If you have been the victim of abuse, exploitation, or neglect, you are not alone. Many people care and can help. Please tell your doctor, a friend, or a family member you trust, or call Hawai‘i APS or the Eldercare Locator help line immediately.

You can reach the Eldercare Locator by telephone at 1-800-677-1116. Specially trained operators will refer you to a local agency that can help. The Eldercare Locator is open Monday through Friday, 9 a.m. to 8 p.m. Eastern Time.

Hawai‘i Resources

In Hawai‘i, to report elder abuse, contact the Adult Protective Services agency by phone:

The Hawai‘i State Department of Health Licensing Section is responsible for licensing the various long term care facilities and enforcing regulations. You can call the State Licensing Section at (808) 692-7400.

For Seniors on the US Mainland

To Contact APS in other states, visit the State Resources section of the National Center on Elder Abuse website.

You can also call the Eldercare Locator at 1-800-677-1116, or visit them online at http://www.eldercare.gov

Community resources and advocacy groups include: