Kunkel Law Firm - September 2021

Kunkel Law Firm - September 2021

SEPTEMBER 2021 KunkelCase Files 888-228-9680 • www.KunkelLawFirm.com • [email protected]

FROM THE DESK OF

A Promising New Treatment for Alzheimer’s? Why a Recent FDA Approval Is Worth Celebrating — Cautiously

Gregory Kunkel, Esq.

NO END IN SIGHT FOR SSA REMOTE HEARINGS It seems clear that Social Security (SSA) will continue to only hold virtual hearings by telephone or video for the foreseeable future. As I write this month’s article, the COVID-19 pandemic is making a comeback with the Delta variant and hospitals are filling up again with new patients. SSA’s emergency hearing policy provides that SSA will only offer telephone hearings in disability cases so long as the claimant consents. SSA, however, now also offers the option of conducting video hearings using Microsoft Teams. As I have previously written, the administrative hearing is critical because it is the only time that you will come face-to-face with the person deciding your case. In the next month, we plan to set up a video camera in my office so that we will have the capability to conduct video hearings from my office. While not an ideal situation, it is a much better alternative to a telephone hearing. Until the SSA gets back to in-person hearings, my office is available to assist you with any questions or concerns about scheduling your disability hearing.

If you’re reading this newsletter, there’s a good chance you know someone who has Alzheimer’s. The Alzheimer’s Association reports that 6 million Americans are currently living with the disease, and the BBC reports that this statistic climbs to 30 million around the world. As the most common form of dementia, Alzheimer’s is a debilitating and deadly condition that destroys memory, reduces cognitive and physical function, and slowly leaves its victims a shell of who they once were.

It’s a heartbreaking, deadly ailment that has yet to be cured — but there is hope.

This past June, the Food and Drug Administration (FDA) approved the use of Aduhelm — whose pharmaceutical name is aducanumab — for the treatment of Alzheimer’s. The BBC explains that the drug targets and inhibits the proteins that form as “abnormal clumps” in the brains of people with Alzheimer’s. These proteins are believed to destroy the cells of the brain and lead to Alzheimer’s. In some yearslong clinical trials, patients with early onset Alzheimer’s reported being less confused, repeating themselves less, and remembering small, daily tasks well after taking the drug.

–Greg Kunkel

The FDA approved the drug and quickly began rollout, but not everyone is celebrating.

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detection can be the key to progressive, aggressive, and effective treatment. In honor of this historic moment, I’d like to share a few early signs and symptoms of Alzheimer’s.

A panel of 11 scientists who advise the FDA on drug approval matters all voted against approval, many citing inconclusive results from numerous studies and questioning just how effective Aduhelm is at treating Alzheimer’s. Some scientists also criticized the approval over the drug’s potential side effects, like brain swelling. But the biggest issue comes from interpreting the results. In some experts’ opinion, the fact that Aduhelm merely slows the development of the disease, rather than repairing memory or cognition, isn’t enough to warrant approval and widespread use. Plus, there are other drugs like it that also remove this dangerous protein from the brain. Other groups, like the Alzheimer’s Association, are worried about the price tag of the drug. The association supported the drug’s approval but fears this high cost will make accessibility difficult. It’s currently priced at $56,000 per year, according to a June 2021 National Public Radio article. While some experts worry that approving this drug will stall progress in understanding and potentially curing Alzheimer’s, many are cautiously hopeful that after nearly 20 years, the FDA has approved a drug for the treatment of this deadly disease. Many suggest that Aduhelm is ideal for patients with early onset Alzheimer’s, where the side effects of the disease are minimal and Aduhelm can have the biggest impact. As with many diseases, early

• Forgetting daily tasks, like appointments or names

• Challenges in solving problems or working with numbers (i.e., budgeting issues)

• Struggling to use common household items, such as the remote or oven

• Increased issues with communication or vision

• Changes in mood, personality, and decision-making skills

• Confusion about the passage of time

My hope is that those of you who love someone living with this diagnosis — or if you are someone who has it — find peace and a treatment system that works for you, even if that doesn’t mean using Aduhelm. I believe this is a promising step, and I hope to see progress continue.

To learn more about this historic approval, Alzheimer’s treatment, and support, please visit Alz.org.

THE NIGHT THAT CHANGED FOOTBALL FOREVER How Fantasy Football Got Its Start

players to their fantasy franchises, and on the basis of the actual performance of those players in games, the members would accrue points and compete against each other,” the encyclopedia reports. Early fantasy football leagues were complicated undertakings. In the days before the internet, members had to agree to reference the box scores in a particular newspaper’s sports pages and “draft” their teams in the same room on long phone calls, or even via snail mail. CBS Sports began offering online fantasy football leagues in 1997, and today it’s even easier to play. The sport is built right into the NFL website (Fantasy.NFL.com), and you can join a free league or start a league of your own with a click! Whether you’re a former player or a superfan who wants to play coach for a day, fantasy is a great way to stake a personal claim in the sport and connect with friends while you do it. Check out the article “How to Play Fantasy Football: A Beginner’s Guide” on NFL.com to learn the basics. It’s updated annually, so make sure you hunt down the 2021 version! When you start, don’t forget to salute Winkenbach, the official “Father of Fantasy Sports.”

Every year, 40 million Americans (and even entire offices) play fantasy football, “drafting” players from across the NFL for their virtual teams and competing for money and bragging rights. Maybe you have a virtual team in the locker room as you’re reading this! But where did the concept of fantasy football start? According to the Encyclopedia Britannica, the gridiron trend began in a New York City hotel room in 1962 — a night that changed football forever. There, a group of friends led by Oakland Raiders part-owner Bill Winkenbach created the first fantasy football league. They dubbed it the Greater Oakland Professional Pigskin Prognosticators League — or GOPPPL for short. Apart from the point values assigned to different accomplishments on the field, their original model wasn’t very far off from the fantasy football of today.

“The league members would ‘draft’ actual National Football League (NFL) and American Football League …

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Remembering the Heroes Amid the Tragedy The Everyday People Who Saved Countless Lives on 9/11

looked like and what seats they had been sitting in. Both attendants perished, but the information they shared helped the FBI jump-start their investigation.

Rick Rescorla A Vietnam veteran who had earned a silver star for his service, Rescorla was no stranger to stressful life and death situations. As the head of corporate security for Morgan Stanley in the South Tower, he defied orders from Port Authority to stay put and instead escorted 2,700 people out of the building before it collapsed. After that, he headed back in to look for stragglers. That was the last time anyone saw him. Passengers of Flight 93 While two planes hit the World Trade Center towers and one plane hit the Pentagon, another plane that headed for the White House never reached its destination. That’s because passengers aboard this flight, upon learning their plane had been hijacked, decided to rush the cockpit and overtake the terrorists. They caused the plane to crash in an empty field in Pennsylvania, saving the White House but killing everyone on board. Sad though their deaths may be, these heroic men and women continue to inspire people even 20 years later. We should never forget the tragedy of 9/11, but we should also remember these regular people who decided to take extraordinary lengths to save others.

As we approach its 20th anniversary, Sept. 11, 2001, remains one of the darkest days in American history. Almost 3,000 people lost their lives when terrorists flew passenger airplanes into the Twin Towers and the Pentagon. The infrastructural damage was severe, but the damage done to thousands of families across the country was even worse. While 9/11 remains a day of remembrance of these tragic events, it should also be a day to remember the brave men and women who sacrificed their lives to save others. These are just a few of their stories. Betty Ong and Amy Sweeney After five al-Qaida terrorists hijacked American Airlines Flight 11, Ong and Sweeney, two flight attendants, used the crew phone to call their colleagues and give them information about their attackers, including what they

Take a Break!

ONE-PAN APPLE CIDER CHICKEN

Inspired by WellPlated.com

Ingredients

• 1 1/2 lbs boneless, skinless chicken thighs • 1 tsp salt, divided • 1/2 tsp black pepper, divided

• 4 tsp olive oil, divided • 3 sweet apples, cut into 1/2-inch slices • 2 tsp fresh rosemary, chopped, plus more for garnish

• 1/2 cup apple cider • 2 tsp Dijon mustard

Directions

1. Sprinkle chicken with 1/2 tsp salt and 1/4 tsp pepper. Set aside. 2. In a small bowl, combine apple cider and mustard. Set aside. 3. In a large skillet over medium heat, warm 2 tsp olive oil. When shimmering, add chicken thighs top-side down. Cook for 4 minutes, then flip and cook for 4 more minutes. Transfer to a plate and cover with foil. Wipe the skillet clean. 4. Heat the remaining oil in the skillet, then add sliced apples, remaining salt and pepper, and rosemary. Cook for 5 minutes. 5. Return the chicken to the skillet and add apple cider-mustard mixture. Cook for 5 minutes, then serve sprinkled with rosemary!

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One Oxford Centre, 301 Grant Street, Suite 4300 Pittsburgh, PA 15219

INSIDE THIS ISSUE From the Desk of Gregory Kunkel, Esq. PAGE 1 An Alzheimer’s Treatment Breakthrough PAGE 1 The Night That Changed Football Forever PAGE 2 Remembering the Heroes of 9/11 PAGE 3 Take a Break PAGE 3 One-Pan Apple Cider Chicken PAGE 3 How McDonald’s Spun the ‘Hot Coffee Lawsuit’ PAGE 4

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Remember the ‘McDonald’s Hot Coffee’ Lawsuit? It Was Justified All Along

For all of this damage, Mrs. Liebeck asked McDonald’s for $20,000 — arguably not even enough to pay her hospital bills.

Back in 1992, an elderly woman named Stella Liebeck sued McDonald’s in what became known as the infamous “hot coffee lawsuit.” The public relations team at McDonald’s has made sure the case is remembered as frivolous, but, like the third-degree burns Stella Liebeck suffered from a cup of McDonald’s coffee, her lawsuit was dead serious. The facts were simple: Mrs. Liebeck used the drive-thru with her grandson, who was at the wheel. Once the car stopped moving, she placed the cup of coffee she’d just ordered between her legs and tried to add some creamer. The cup tipped over, dumping

When McDonald’s refused to pay more than $800, the case went to court, and it came out that they’d known for at least 10 years about the dangers their hot coffee represented, with over 700 recorded burns and several lawsuits. But in 1992, their policy was to store coffee at 180–190 degrees F, which is almost the boiling point! Furthermore, McDonald’s higher-ups testified on the stand that no matter what happened, they had no intention of changing their behavior. Unsurprisingly, at the end of the trial, McDonald’s was hit with a $2.9 million penalty. Although the penalty was later reduced, McDonald’s still dragged Mrs. Liebeck’s name through the mud in the press, with their version of the story being the one that stuck in the public consciousness. But it wouldn’t change the fact that they had to pay her around $700,000 at the end of the day — or that their coffee is now being served at a reasonable temperature.

the contents into her lap, causing third- degree burns over 16% of her body.

She required hospitalization for eight days. Whirlpool debridement of the burns and skin grafts followed. She was at least partially disabled for more than two years, and that’s to say nothing of her pain and suffering.

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