Can Video Games Be Addictive? Fortnite Lawsuit Says Yes

We’ve all heard the confessionals by video game players who sacrificed their jobs, their relationships, or their educations to their gaming obsession. But can video games be truly addictive, like drugs?
People who have joined a class-action lawsuit against a game company in Canada say yes. The defendant company, Epic Games, is the creator of Fortnite, an extremely popular third-person shooter game. A Montreal law firm, Calex Legal, has created a class action on behalf of two parents who claim that the game is as addictive as cocaine and has harmed their two children, ages 10 and 15.
Their complaint argues that Fortnite, when played for a long time, results in players’ brains releasing dopamine in the same way drugs do, causing a chemical addiction. The lawsuit further contends that the game’s developers hired psychologists to help them make the game as addictive as possible.
Modeling their lawsuit after class-action lawsuits against Big Tobacco in the U.S. and Canada, the law firm is contending that the defendant knew of the dangers and failed to warn players. In this case, the two parents say that had they known of the risks, they never would have allowed their children to even start playing Fortnite.
How the Effects of Video Games and Drugs Are Similar
So, what kind of evidence exists to support their claim?
For starters, the World Health Organization recently classified "gaming disorder" as an actual disease to be listed on its International Classification of Diseases. (The American Psychiatric Association’s classification system, the Diagnostic and Statistic Manual of Mental Disorders, says that "internet gaming disorder" needs more research.)
In 2018, researchers at Nottingham Trent University in the United Kingdom conducted a sizable review of the studies that have been done on gaming disorders and found strong consensus that the neurobiological effects of gaming addiction and drug addiction are similar. These included "poorer working memory and decision-making capabilities, decreased visual and auditory functioning, and a deficiency in their neuronal reward system."
On Oct. 22, the New York Times took a deep dive into the subject of video game addiction and found that in the gaming industry it is "an open secret" that the games are designed to be addictive. "With the help of hired scientists, game developers have employed many psychological techniques to make their products as unquittable as possible," Ferris Jabr writes. For instance, according to Jabr, a typical allure to keep players playing is the use of "intermittent reinforcement," where players receive rewards at random intervals.
Drug Analogy Also Has Doubters
Despite these findings, however, there are plenty of people who say there’s nothing that makes video game obsessions more intense than other activities. "The same can be said of many activities; people overdo it with sex, food, exercise, work or religion," says Stetson University psychology professor Christopher J. Ferguson, writing in U.S. News and World Report. "(T)he solid, consistent and well-validated research base necessary to label video game addiction a disease or disorder has not materialized."
Addiction or not, parents who believe their children are spending too much time playing video games might consider a few measures to reduce that activity:

Encourage them to engage in more physical activity.
Talk with children about what they like about gaming. This might help to identify whether they might be using gaming to escape other issues.
Limit the hours when they can play the games.
When calling them off the game, ask how much time they need to finish the game. Then be firm in holding them to that time.

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Can Video Games Be Addictive? Fortnite Lawsuit Says Yes 

Halloween Safety Tips

For kids, no holiday can match Halloween for pure fun: Scary costumes, trick-or-treating, class parties, trips to haunted houses, and lots and lots of candy.
Unfortunately, however, it’s also one of the most dangerous times of the year for kids.
While the stories of razor blades in apples or poisonous candy are exceedingly rare, children face plenty of other risks on Halloween.
Children wearing loose-fitting costumes can trip and fall, pointed objects like canes or swords can cause eye injuries, and pumpkin carving always creates a spike in hand and finger injuries, according to orthopedic surgeons.
But the biggest danger is automobiles. According to the organization Safe Kids Worldwide, children are roughly twice as likely to be struck and killed by a car on Halloween than on any other night.
It’s usually dark when trick-or-treaters are out, and they might dart out into roadways in their excitement. Meanwhile, motorists are more apt to have been drinking, due to the popularity of Halloween events in bars. The result, according to a study published in JAMA Pediatrics in January, is a 43% heightened risk of pedestrian fatality compared with other autumn evenings.
Safety pointers
Therefore, if you want to keep your little trick-or-treaters safe on Halloween night, here are a few steps you should consider:

Be sure that costumes fit properly to reduce the risk of tripping. Discourage dark costumes in favor of brightly colored ones.
Be sure that masks fit properly and do not impair vision or breathing.
Choose face paint and makeup instead of masks as much as possible.
Keep candle-lit jack-o-lanterns away from locations where children can brush against them. Consider using LED lights inside them instead.
Put reflective tape on treat bags. Keep toys with small parts away from children under age 3.
Remind children to walk safely: Watch for traffic, cross streets at corners using signals and crosswalks, and make eye contact with drivers before crossing in front of them.
Have kids wear glow sticks or flashlights to help them see and be seen by drivers.

In addition, you should always accompany young children on their neighborhood rounds. If children are old enough to go alone, plan and review a route that is acceptable and specify a time when they should be home.
Halloween is an exciting time for kids. By paying attention to a few simple rules, you can help them to enjoy it safely.

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Halloween Safety Tips 

Terrifying Elder Abuse Scheme Exposed at N.C. Nursing Home

Placing a loved one in a nursing home or assisted living facility, whether it is their choice or yours, is almost never easy. It is tough to place your trust in a facility to look after your loved one’s every need ? food, shelter, hygiene, medication, and more.
Most of us recognize the truly hard work that caregivers at these facilities perform, often for low wages. But the fact remains is that if you’re in the job, you have to give it your all, because residents are often relying on you for everything.
So imagine the horror that anyone with a parent or loved one in a nursing home must feel when reading that three employees at a North Carolina assisted living facility were arrested recently for organizing a fight club among elderly residents with dementia.
A Gruesome Discovery
Police in Winston-Salem began investigating the facility in June after receiving a tip. What they found shocks the conscience. The employees were encouraging residents to fight, videotaping the assaults, and sharing the videos on social media.
One of the residents was punched in the face and choked during one of the fights.
A further investigation into the facility uncovered a failure to distribute medication, review medical records, and properly train staff. The facility has been prohibited from admitting new residents since August.
Recognize the Signs of Elder Abuse
Incidents like this drive home the need for relatives to look out for their loved ones who live in nursing homes and assisted living facilities. Many times residents who face abuse or neglect are scared to speak up for fear of punishment.
Some of those signs of abuse and neglect include:

Bruising, cuts, burn marks, or other wounds
Poor hygiene
Weight loss
Malnutrition and dehydration
Confusion and disorientation
Depression, withdrawal, and a reluctance to interact with people

If you suspect that your loved one is the victim of abuse or neglect, it is important to contact the authorities immediately. After caring for their immediate safety, you should think about what your legal options are for recovering compensation for your loved one’s suffering. A successful lawsuit or settlement can also send a strong message to other bad actors in the industry.

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Terrifying Elder Abuse Scheme Exposed at N.C. Nursing Home 

FDA Launches Criminal Probe Into Vaping Illnesses, Deaths

According to the Centers for Disease Control, 530 people have now suffered some vaping-related illness and seven have died. As those numbers are climbing, the Food and Drug Administration has opened a criminal investigation into the surge in sicknesses. This announcement comes on the heels of the Trump administration’s efforts to clamp down on e-cigarettes and vaping products aimed at children. More than half of the victims have been under the age of 25.
"Even though cases appear similar, it is not clear if these cases have a common cause or if they are different diseases with similar presentations, which is why our ongoing investigation is critical," the FDA announced. "CDC and the FDA are providing consultation to state health departments and working closely with them to gather information on any products or substances used." What could this mean for civil liability for vaping illnesses and deaths?
Sickness in the Supply Chain
The FDA has assured people that it is not looking to prosecute individual users, but is looking for information regarding what kind of vape products they used. "The focus is on the supply chain," Mitch Zeller, director of the FDA’s Center for Tobacco Products said. "We’re very alarmed about products containing THC."
While all the reported victims had a history of e-cigarette or vaping use, the specific product they were inhaling has varied. Most people admitted to using e-cigarette products containing THC, many said they used both nicotine and THC, and some reported using only nicotine products. Many also said the THC products they used were purchased illegally or on the black market.
"There may be a problem with source material or modification that may be occurring at different places," Anne Schuchat, the CDC’s principal deputy director, told reporters, adding that while the CDC is "working around the clock" to pinpoint what is making people sick, "it may take some time" before that is possible.
Causes and Legal Claims
The wide range of illnesses and products used makes it even more difficult to identify a single culprit, and officials from the FDA’s forensics lab affirmed that they have not identified a single e-cigarette product or substance as the source of the illnesses and deaths. That will also complicate personal injury or wrongful deaths claims based on product liability, especially if the product was purchased illicitly.
If you’ve been sickened by an e-cigarette or vaping product, seek medical attention immediately and share information with health officials to try and determine the exact cause. Then, you may want to talk to an experienced product liability attorney about your possible legal claims.

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FDA Launches Criminal Probe Into Vaping Illnesses, Deaths 

Are Your X-Rays on the Internet?

The privacy of medical records can seem like a tough balance. On the one hand, you don’t want health data like X-rays, MRIs, and CT scans falling into the wrong hands. On the other, if you’re referred from one doctor to another, you might want your new physician to have access to your medical history without lugging an enormous file from one office to the next.
In any event, the last thing you want is your private medical information just sitting on a server, "unprotected by passwords or basic security precautions," free to be seen by anyone with a typical web browser. But a recent ProPublica investigation found that the diagnostic imagery of some 5 million American patients are being stored in such a state, despite repeated warnings from security analysts.
Medical Insecurity
ProPublica, along with German broadcaster Bayerischer Rundfunk, identified 187 computer servers storing medical data of both U.S. and international patients, "sitting unprotected on the internet and available to anyone with basic computer expertise":
The insecure servers we uncovered add to a growing list of medical records systems that have been compromised in recent years. Unlike some of the more infamous recent security breaches, in which hackers circumvented a company’s cyber defenses, these records were often stored on servers that lacked the security precautions that long ago became standard for businesses and government agencies.

According to the investigation, more than 16 million scans worldwide were available online — some viewable after typing in a simple data query — many paired with patient names, birthdates and even Social Security numbers.
"It’s not even hacking, said cybersecurity researcher and chief executive of the consulting firm Spyglass Security Jackie Singh. "It’s walking into an open door."
Hungry, Hungry HIPAA?
So, what can you do if you think your X-rays and other medical images are online? Likely very little, although the Health Insurance Portability and Accountability Act (HIPAA) mandates that health care providers to keep your personal data confidential and secure, ProPublica’s report describes several entities (from doctors, to hospitals, to radiologists) pointing the finger at each other and a "Band-Aid upon Band-Aid applied" to try and solve the problem. Investigators also found few consequences for HIPAA violators.
Still, if you can prove that your private medical information has been publicly compromised, you may have a legal claim under HIPAA. Contact an experienced health care attorney to discuss your claims.

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Are Your X-Rays on the Internet? 

Billion-Dollar Opioid Bankruptcy: Purdue Pharma Files for Chapter 11 as Part of Settlement

Purdue Pharma, which made $3 billion in 2017 alone selling drugs that include the opioid Oxycontin, will declare bankruptcy as part of a potential settlement covering hundreds of lawsuits against the company. The announcement also comes amid allegations that the Sackler family — who own Purdue — used Swiss bank accounts to transfer $1 billion from the company to personal accounts to avoid its seizure in court.
So, what does the settlement and bankruptcy filing mean for people who have sued over opioid addictions or deaths?
Coping With Crisis
"This unique framework for a comprehensive resolution will dedicate all of the assets and resources of Purdue for the benefit of the American public," said Steve Miller, Chairman of Purdue’s Board of Directors. "This settlement framework avoids wasting hundreds of millions of dollars and years on protracted litigation, and instead will provide billions of dollars and critical resources to communities across the country trying to cope with the opioid crisis. We will continue to work with state attorneys general and other plaintiff representatives to finalize and implement this agreement as quickly as possible."
If only it were that simple. While Purdue has agreed to pony up over $10 billion to address the opioid crisis and settle claims from 24 state attorneys general, five U.S. territories, and certain plaintiffs from hundreds of other suits, several states have declined to sign on to the agreement and some plan to challenge it in court. It’s estimated that Purdue is facing a grand total of 2,600 lawsuits.
Follow the Money
So, how can plaintiffs get money from a bankrupt company? Purdue is filing under Chapter 11, which avoids asset liquidation and allows a company to maintain business operations and repay its debts over time. (Liquidation is possible under Chapter 11, but not guaranteed like under Chapter 7 bankruptcy proceedings.) So Purdue won’t exactly be shuttering its opioid operations or other drug sales any time soon.
Still, its plan for bankruptcy may run into similar roadblocks as its legal settlement agreement. Any Chapter 11 reorganization plan requires approval: Creditors holding at least two-thirds of the total debt amount and more than one-half of the total number of claims must agree to the plan. So it’s no guarantee that most of Purdue’s creditors will sign off, and some of those creditors may favor liquidation if they think it means they’re more likely to get repaid.
And the money trail may complicate matters as well. Court filings indicate members of the Sackler family received more than $4 billion from Purdue from 2007 to 2018, according to the AP, and much that wealth is believed to be held outside the U.S.
If you have or are considering filing a claim an opioid-related legal claim, contact an experienced personal injury attorney to find out how the settlement and bankruptcy could affect your case.

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Billion-Dollar Opioid Bankruptcy: Purdue Pharma Files for Chapter 11 as Part of Settlement 

Legal Liability Following Tragic California Boat Fire?

U.S. Coast Guard and Santa Barbara Sheriff’s officials believe they have recovered 33 of the 34 bodies of those who died in a boat fire off the coast of Southern California’s Santa Cruz Island. The victims were sleeping below deck of the commercial dive boat Conception when the fire erupted around 3:30 a.m. Monday morning. Five crew members, including the captain, were on the vessel’s third deck and were able to jump off before being rescued, while another crew member below deck perished.
Fire and Water

A team with the National Transportation Safety Board began investigating the fire, along with Coast Guard officials. The Conception was required to be inspected by the Coast Guard annually and was in full compliance with regulatory requirements, according to U.S. Coast Guard Captain Monica Rochester. She added that with rescue efforts now ceased, crews could focus on "why this incident occurred and what we can learn from this tragedy."
Authorities believe that flames moved quickly through the 75-foot vessel, blocking a narrow stairway and escape hatch leading to the upper decks, leaving sleeping passengers below virtually no chance of escaping. Inge Courtois, general manager of boat operator Truth Aquatics, told NBC News that the five surviving crew members had no choice but to jump off the ship or else they would have died.
Maritime and State Law
The cause of the fire has yet to be determined, but there will likely be some litigation following the deadly fire, and maritime injury laws may differ from those on land. Liability for wrongful death under general maritime law depends where the facts causing death occurred. If the deaths occurred within three nautical miles of the United States, state law supplements federal maritime law to provide a remedy, and state wrongful death statutes apply. In this case, it would be California’s wrongful death laws, and possibly common carrier liability, under which victims’ families would need to file suit.
If, however, the deaths occurred farther out at sea, a "decedent’s spouse, parent, child, or dependent relative" can sue the crew and even the boat itself under the federal Death on the High Seas Act. Damages in those claims, however, may be limited, and plaintiffs can’t recover for things like loss of society, loss of consortium, or punitive damages.
Wrongful death claims following boating accidents can be legally complex. Talk to an experienced wrongful death attorney if you have questions.

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Legal Liability Following Tragic California Boat Fire?