November 2015 | Galiher DeRobertis & Waxman LLP

Jamie Higa’s Story

Posted on November 16, 2015August 24, 2023 by joe

Jamie Higa was on her college basketball team when she suffered her fourth concussion.

Recovery has taken years. Her coach “did not take injuries seriously,” and pressured her team to play through any pain. Concussions, Jamie learned, belong in a very different category of injury. The following is the story in her own words.

In December of 2011, I suffered my fourth concussion while playing basketball for a university. I’ve been through my fair share of injuries including sprained ankles, sprained fingers, stitches, and have fractured a wrist, thumb, and leg. I was at the orthopedic doctor so much that we had inside jokes by the time he was taking off my second cast. Needless to say I understand pain, I understand injuries, and am familiar with rest and rehabilitation; but rehabilitating a concussion has been the most excruciating recovery yet.

Suffering from a concussion is not the type of injury that athletes are accustomed to. You do not feel agonizing pain like you do when you’ve fractured your shin in three places and have to be carried off the court. Instead when you report symptoms to the athletic trainer you find yourself saying, “my head feels weird” or “the lights are bothering me.” If athletes are expected to be mentally and physically tough, how are we supposed to ask to come out of a game because of a headache?

The coach I was playing for did not take injuries seriously. He would tell us, “I don’t care if your arm is broken, because your legs still work and you can run down the court.” He even went as far as saying “even if your eye is falling out, you still have another that you can see out of!” So when I was hit from behind, causing me to fall forward, and hit the front of my head against the court, I could not find it in me to admit I was injured. I did not want to admit it to my teammates, athletic trainer, coach or even myself. I was afraid of speaking up.

After the night of my injury things only got worse. My symptoms were persistent. I had headaches, migraines, light sensitivity, motion sensitivity, dizziness, nausea, trouble sleeping, fatigue, and eye disturbances. After having to withdraw from school I flew to Pittsburgh to get treatment. At this point I was a year into the concussion and the road to “normalcy” was only beginning. My days were consumed with vestibular, ocular, and exertion therapy as well as three different medications.

Countless doctors’ appointments and hours of rehab later, I have reached my new normal. I still feel lasting effects from the concussion that include nystagmus (rapid involuntary movements of the eyes), headaches, occasional migraines, and balance problems. This concussion consumed my life and affected not only me, but the ones closest to me as well. I hope that through my experiences dealing with this injury it can help to change the stigma of concussions. If coaches and parents do not take this injury seriously, how can we expect athletes to? If they do not encourage athletes to report injuries, how can we trust our athletes to do so? We have the power to make the culture of sports a culture revolving around athlete safety, thus ensuring our athletes a healthy life after sports.

The Gary Galiher Law Hour — Episode 8: Mystery Meat

Posted on November 13, 2015August 24, 2023 by joe

In today’s podcast, we’re delving into the subject of food-borne illness and the variety of fascinating subjects surrounding it.

It’s impossible to really know what we put in our mouths. We think we know, but when we buy processed food, we don’t really have a clue as to what’s really going in there.

Even “fresh” food gets doctored with all kinds of bad weirdness to make it keep looking fresh for longer on the shelf and in the fridge. There’s a lot of mystery to what goes in to the manufacturer of food and preservatives. The manufacturers themselves don’t have an inkling as to what much of it really does to us.

There are 30 different pathogens that cause the vast majority of food-borne illnesses. Is that number scary? We sure think so. These are what hospitals test for when somebody presents symptoms of these illnesses.

As A Modern Culture, We’re More Removed From The Food Sources

We rely on supermarkets and big boxes. Many of our products are manufactured by huge, mainland manufacturers. When they send things all over the planet only to make a cupcake look a little cuter, a little longer, and the process contributes to our obesity epidemic, we have to wonder it it’s worth it, or something we want to allow at all.

The manufacturers are trying to keep a finger on the scale, to keep control of how the foods are labeled, so they can keep their profits up. When they tell us “number seven yellow food dye,” is that different from numbers six, or eight? You’d have to dedicate your whole life and career just to staying on top of the cutting edge to understand what these things really mean. The manufacturers we’re talking about anticipate problems with their products and dedicate teams of attorneys to fighting to keep things the same, rather than fix the problems.

We have lots to worry about. Fortunately, it’s not all bad news. We’re also talking about the good guys who fight to keep us safer, scientists who research and push forward the science about diet and human health, lawyers who hold negligent and deceitful players in the food industry accountable, and regulators who withstand the industry pressure to do the wrong things for the public. Tune in and learn about all sides of the matter.

The Gary Galiher Law Hour — Episode 7: The Traveler’s Episode

Posted on November 5, 2015August 24, 2023 by joe

Lies & Fraud Abounding

In today’s show, we hear the story of a company’s willingness to lie in service of profit. Tune in, and learn about how Galiher DeRobertis & Waxman forced them to show the documents they didn’t want people to see. Their exposure helped thousands of people get justice.

The investigative process that has to happen in an asbestos case is unbelievable. It can take a longer time than people expect. Decades, even. Today’s show tells a story of patience. Traveler’s Insurance Company is the case study. It’s a company that insured many asbestos manufacturers 50 or 60 years ago, and then spent fifteen years fighting dirty (and unlawfully) in court to defend clients who needlessly hurt thousands of people.

The main company insured by Traveler’s, Johns-Mansville knew about the harmful effects of their products. They cover up those facts to the great harm of many people. Not only that, but they violated rules of the courts. They committed fraud by telling the courts they never sold any asbestos products to Hawai‘i. And they lied about their involvement as suppliers of asbestos products to the US Navy.

The Protracted Battle Finally Ending

We only found out about these fraudulent claims after already having battled for decades with Johns-Mansville. As a result, the courts increased the settlements, in some cases multiplying them hundreds of times. Finally, this year, after many protracted battles of Galiher’s lawsuit against Traveler’s Insurance Co., the final chapter is being closed.

What Is Elder Abuse?

Posted on November 2, 2015August 24, 2023 by joe

Elder abuse is a broad term which encompasses several different forms of neglect, abuse, and exploitation of an older person. There are hundreds of thousands of victims of elder abuse across America every year, and the problem is growing. Victims of elder abuse are often vulnerable and sometimes even dependent on the very people who abuse them. The abusers may be caregivers, friends, or even family members.

Ability is a privilege, and as those who are able it is our duty to help those who are in need.

—Gary Galiher, Founding Partner of Galiher DeRobertis & Waxman

Definitions and legal standards differ widely from one state to another. In Hawaiʻi, HRS § 28-94 defines “abuse” as “actual or imminent physical injury, psychological abuse or neglect, sexual abuse, financial exploitation, negligent treatment, or maltreatment.” Most of the relevant statutes in Hawaiʻi define an elder as someone 62 years of age or older.

The Most Common Types of Elder Abuse Are:

Neglect: Disregard for the health, safety or welfare of an elder that results in injury, loss or damage.
Physical Abuse: Intentionally causing physical pain or injury to an elder, such as slapping or pushing.
Sexual Abuse: Any form of non-consensual sexual contact.
Emotional Abuse: Intentionally or negligently causing anguish, or distress to an elder through acts such as intimidation and harassment.
Financial Exploitation: Any improper misuse of an elder’s finances for someone’s own benefit. Also includes fraudulent schemes aimed at vulnerable individuals, such as announcements of a “prize” or investment fraud.

Elders are especially vulnerable and less able to stand up for themselves or fight back. Depending on the circumstances, they may have even have a limited or complete inability to communicate or explain the abuse they have suffered. Some elders may have disabilities or dementia that allow others to take advantage of them.

Tragically, many cases of elder abuse are committed by the individuals who are directly responsible for their care. Elder abuse typically occurs where the senior lives, whether that is a residential home, or a senior care home such as an assisted living facility or adult residential care home.