WEBVTT 1 00:00:01.040 --> 00:00:06.000 It's with Dan Ray. I'm telling you Boston's Radio. 2 00:00:07.080 --> 00:00:09.640 Thanks Nicole, welcome on back. I think you have a 3 00:00:09.679 --> 00:00:13.599 few days off well deserved. Nicole is the best as 4 00:00:13.599 --> 00:00:15.640 far as I'm concerned. Thank you so much. My name 5 00:00:15.720 --> 00:00:19.239 is Dan Ray. I'm the host of Nightside here every 6 00:00:19.280 --> 00:00:23.359 Monday through Friday night from eight until midnight. I have 7 00:00:23.480 --> 00:00:27.719 with me tonight a beautiful corky dog named Mustard who's 8 00:00:27.760 --> 00:00:30.280 maybe going to keep me company for a while here 9 00:00:30.320 --> 00:00:30.960 in the studio. 10 00:00:31.719 --> 00:00:31.839 Uh. 11 00:00:32.119 --> 00:00:35.079 And he doesn't say much, but he's awfully cute. He 12 00:00:35.159 --> 00:00:37.679 is awfully cute to any of you who are familiar 13 00:00:37.759 --> 00:00:41.039 with Corky's. But Mustard the corky, well, let me tell you, 14 00:00:41.079 --> 00:00:49.399 and what a great, great disposition. My daughter got him 15 00:00:50.280 --> 00:00:53.079 as a rescue dog about a year ago and he 16 00:00:53.399 --> 00:00:57.960 is just the best, simple as that. But uh, Mustard 17 00:00:57.960 --> 00:01:00.000 will be here. He had television. I can show you 18 00:01:00.039 --> 00:01:01.840 pictures of them, but we don't have that, so all 19 00:01:01.840 --> 00:01:04.359 I can do is get right to our first guest. 20 00:01:04.439 --> 00:01:06.640 Rob Brooks is in the control room as he is 21 00:01:07.280 --> 00:01:11.000 every night with me. Hello, Mustard, I want you all right, 22 00:01:11.040 --> 00:01:14.599 you sit right here. Okay, that's perfect, that's perfect with 23 00:01:14.680 --> 00:01:20.599 us is doctor ephrin Flores. He is a theoriatric radiologist 24 00:01:20.680 --> 00:01:24.599 at the Massachusetts General Hospital. Doctor Flores, welcome to Nightside. 25 00:01:24.599 --> 00:01:25.159 How are you, sir? 26 00:01:26.280 --> 00:01:29.040 Thank you for welcoming tonight. Pleasure and an honor to 27 00:01:29.079 --> 00:01:32.599 be here talking with you and everybody who's visiting to us. 28 00:01:32.799 --> 00:01:37.000 Well, thank you very much. World Lung Cancer Day is 29 00:01:37.000 --> 00:01:39.400 what we're going to talk about, which comes up on 30 00:01:39.560 --> 00:01:46.079 August the first. But I guess only about six percent 31 00:01:46.280 --> 00:01:51.680 of Americans who are eligible for screenings actually get them. Now, 32 00:01:51.799 --> 00:01:55.519 most of us do all sorts of medical visits during 33 00:01:55.560 --> 00:01:59.959 the year. Why such a low number of lung cancer 34 00:02:00.079 --> 00:02:03.079 screenings and what does a lung cancer screening involve? Is 35 00:02:03.120 --> 00:02:05.920 it necessarily an X ray or is it something a 36 00:02:05.959 --> 00:02:08.599 little a little easier than an X ray? 37 00:02:09.599 --> 00:02:12.039 Well, now, thank you so much for asking the question. 38 00:02:12.120 --> 00:02:16.879 And the low participation rate is something that we always 39 00:02:16.879 --> 00:02:20.360 try to better understand from the patient perspective, and we 40 00:02:20.400 --> 00:02:25.879 think about providing care like a team support. Basically, the 41 00:02:26.000 --> 00:02:29.840 patient is their control of their health, and what we're 42 00:02:29.840 --> 00:02:33.319 trying is to support them along their journey to achieve 43 00:02:33.360 --> 00:02:35.680 better help. And when I think about lung cancer screening, 44 00:02:35.719 --> 00:02:39.000 which is done using a CT or a scan or 45 00:02:39.120 --> 00:02:42.159 what we call CAT scan more commonly, which is more 46 00:02:42.199 --> 00:02:46.400 advanced type of chess X ray or X ray or 47 00:02:46.599 --> 00:02:51.159 catscan of your lungs. It's to look for early detection 48 00:02:51.319 --> 00:02:57.599 like small lung nodules that may potentially be lung cancer 49 00:02:57.719 --> 00:03:01.560 early lung cancer. But those are are something that we 50 00:03:02.919 --> 00:03:05.719 look for patients that are at a higher risk of 51 00:03:05.800 --> 00:03:10.639 developing lung cancers. So the criteria for being eligibly ages 52 00:03:11.240 --> 00:03:15.479 fifty and older, people that have smoked the equivalent of 53 00:03:15.560 --> 00:03:18.759 one pack a day for twenty years or more. And 54 00:03:18.840 --> 00:03:22.240 those are and people that are either currently smoking or 55 00:03:22.280 --> 00:03:26.520 have quit within the past fifteen years. But we always 56 00:03:26.879 --> 00:03:30.039 tell patients that if they think that they potentially meet 57 00:03:30.719 --> 00:03:34.520 ability criteria or if they are uncertain, to have a 58 00:03:34.520 --> 00:03:38.919 conversation with their doctor because the most important thing is, 59 00:03:38.960 --> 00:03:42.840 like we see lung cancer screening with cash can as 60 00:03:42.840 --> 00:03:46.319 an opportunity to take control of your help for our patients. 61 00:03:46.360 --> 00:03:46.639 Either. 62 00:03:47.120 --> 00:03:51.000 We understand that some people may be currently smoking and 63 00:03:51.080 --> 00:03:52.960 it's hard to quit, so we don't have to have 64 00:03:53.000 --> 00:03:55.639 a patient that quits smoking in order to get long screening. 65 00:03:55.639 --> 00:03:58.560 We can certainly support them through that journey if they 66 00:03:58.599 --> 00:04:00.439 desire to quick because there are a lot of benefit 67 00:04:00.479 --> 00:04:04.000 that you get from from smoking and also from early 68 00:04:04.080 --> 00:04:07.360 detection of lung cancer. You get more options and what 69 00:04:07.639 --> 00:04:10.360 we want to work hand in hand with our patients 70 00:04:10.800 --> 00:04:14.159 to achieve their overall health goals and take control of 71 00:04:14.199 --> 00:04:18.439 their of their health through early detection. 72 00:04:18.680 --> 00:04:21.959 So a cat scan is uh, it's it's not an 73 00:04:22.000 --> 00:04:25.560 invasive procedure. You're I assume you're in one of those 74 00:04:26.879 --> 00:04:29.959 metal tubes. Was that the way that the cat scan 75 00:04:30.040 --> 00:04:30.800 would be done? 76 00:04:31.600 --> 00:04:34.079 Well, it's almost like I would say, I wouldn't say 77 00:04:34.079 --> 00:04:35.879 you are a fool too, but it's almost like a 78 00:04:36.560 --> 00:04:39.199 metal doughnuts because you go. 79 00:04:39.160 --> 00:04:39.680 In and out. 80 00:04:39.920 --> 00:04:43.959 Basically you take a deep resting and the actual image 81 00:04:44.000 --> 00:04:47.319 acquisition are getting the images takes Uh, it's shorter than 82 00:04:47.399 --> 00:04:50.720 me saying lung cancer squating. You take a few seconds. 83 00:04:50.720 --> 00:04:56.199 There's no needle, painless, very quick and easy. It's probably 84 00:04:56.319 --> 00:04:59.120 take more time filling out the paperwork to get their. 85 00:04:59.000 --> 00:05:01.360 Cap can that the actual cat can itself. 86 00:05:02.000 --> 00:05:06.680 Now, is is this covered by insurance or is there 87 00:05:06.959 --> 00:05:11.000 is there a that is the the cost that's prohibitive 88 00:05:11.120 --> 00:05:14.360 and that's discouraging people. What is it? Do you have 89 00:05:14.439 --> 00:05:17.319 to be a certain age in order to uh, you know, 90 00:05:17.439 --> 00:05:18.839 to be covered. 91 00:05:19.600 --> 00:05:22.199 So you have to it's away covered by insurance for 92 00:05:22.360 --> 00:05:29.240 both Medicaid and Medicare patients. These are cover no additional costs. 93 00:05:29.240 --> 00:05:32.040 And it's something that if you meet the criteria. If 94 00:05:32.040 --> 00:05:34.800 you're older than fifty and you smoke the equivalent of 95 00:05:34.879 --> 00:05:37.879 more than a pack or more a day for over 96 00:05:37.959 --> 00:05:42.680 twenty years, and you currently are smoking or have smoked 97 00:05:43.959 --> 00:05:46.800 and quit within the past fifteen years, you should you 98 00:05:46.879 --> 00:05:50.639 should be eligible and covered by your insurance. I think 99 00:05:50.680 --> 00:05:53.759 that some of the concerns is that we always think 100 00:05:53.800 --> 00:05:58.759 about the word cancer and we associate it with there 101 00:05:58.800 --> 00:06:00.720 has a lot of negative common patient. 102 00:06:00.399 --> 00:06:03.399 And understandably so, doctor. 103 00:06:03.759 --> 00:06:07.000 Yeah, absolutely so. But there are many options for treatment 104 00:06:07.839 --> 00:06:11.160 for our patients, and that's the way way that patient 105 00:06:11.199 --> 00:06:14.040 will have more options to treat it and potentially cure 106 00:06:14.079 --> 00:06:16.959 it is through early detection and that where lung cancer 107 00:06:17.000 --> 00:06:22.079 screaming becomes an incredible tool that we want all patients 108 00:06:22.079 --> 00:06:24.480 to benef We want no patient left find. 109 00:06:24.720 --> 00:06:28.120 There's a lot of people in my generation. I'm a 110 00:06:28.160 --> 00:06:33.839 baby boomer. We learned early on in nineteen sixty four 111 00:06:33.959 --> 00:06:37.319 before many of us had developed the habit. When the 112 00:06:37.360 --> 00:06:41.839 surge in general made the announcement that smoking causes lung cancer. 113 00:06:42.319 --> 00:06:44.600 There's a lot of us, including me. I've never smoked 114 00:06:44.600 --> 00:06:47.079 a cigarette in my life, never had a desire to 115 00:06:47.079 --> 00:06:49.519 smoke a cigarette in my life. So I'm assuming if 116 00:06:49.560 --> 00:06:51.319 you were my doctor and I said, gay, just for 117 00:06:51.360 --> 00:06:53.680 the fun of it, I'd like to get a lung 118 00:06:53.720 --> 00:06:56.040 cancer screening. I'm not eligible. 119 00:06:57.480 --> 00:07:00.480 That incre You will not be eligible because would not 120 00:07:00.560 --> 00:07:03.879 be considered with what it seems to be a population 121 00:07:04.000 --> 00:07:06.839 of high risk. I know that there are other potential 122 00:07:07.079 --> 00:07:11.319 exposure factor BO those are not not yet covered by 123 00:07:11.680 --> 00:07:15.600 health insurance because the information on the research is not 124 00:07:15.720 --> 00:07:16.279 there yet. 125 00:07:16.639 --> 00:07:20.360 Well, I'll tell you the smallest decision medically, decision that 126 00:07:20.399 --> 00:07:21.959 I made in my life. My dad had been a 127 00:07:22.000 --> 00:07:24.480 two pack of day smoker. I hated the smell of 128 00:07:24.480 --> 00:07:29.240 cigarette smoke and and I just had no interest in it. 129 00:07:29.279 --> 00:07:31.519 I was involved in a lot of sports and wanted 130 00:07:32.079 --> 00:07:35.000 We were told smoking stunted your growth, and I didn't 131 00:07:35.040 --> 00:07:39.800 want to have that impact on me. So that's that's. 132 00:07:40.360 --> 00:07:44.079 You know, a lot of vices out there, you know. 133 00:07:44.120 --> 00:07:46.120 I like my cores beer and my red wine and 134 00:07:46.160 --> 00:07:49.120 things like that, But cigarettes were never an attraction and 135 00:07:49.199 --> 00:07:54.680 if you if you qualify, talk to your own your 136 00:07:54.720 --> 00:07:58.639 your general care practitioner UH and see if if you 137 00:07:58.759 --> 00:08:01.639 qualify for this testing. Because it sounds like an easy test, 138 00:08:02.319 --> 00:08:07.680 non invasive, not unpleasant physically or anything like that. There's 139 00:08:07.720 --> 00:08:11.279 a lot of other tests that you know, colon oscopy's 140 00:08:11.360 --> 00:08:15.040 come to mind, which which can be not the not 141 00:08:15.199 --> 00:08:20.600 a fun day, but they're they're necessary as well. Doctor Flores, 142 00:08:20.639 --> 00:08:22.920 you explained it so well. Thank you so much for 143 00:08:23.839 --> 00:08:25.560 your time tonight, and thank you so much for what 144 00:08:25.680 --> 00:08:25.879 you do. 145 00:08:26.959 --> 00:08:28.800 Oh no, thank you so much. Pleasure of mine and 146 00:08:28.879 --> 00:08:30.680 really an honor to be here and thank you for 147 00:08:31.399 --> 00:08:33.639 a great evening and have a great risk of your show. 148 00:08:33.679 --> 00:08:35.159 Thank you so much again, Thank. 149 00:08:35.039 --> 00:08:38.879 You, doctor Flores. Thank you very much, Doctor Efrin Flores, 150 00:08:39.279 --> 00:08:45.639 thorriat thoracic thoracic radiologist at the Massachusetts General Hospital. When 151 00:08:45.679 --> 00:08:47.399 we get back, we're going to talk about a big 152 00:08:47.559 --> 00:08:53.360 lawsuit in Ohio dealing with bowlless chicken chicken wings. We're 153 00:08:53.399 --> 00:08:57.840 going to talk with Professor John Rizzby, he's a patent professor. 154 00:08:58.080 --> 00:09:00.960 This is a fun story, but it just shows how 155 00:09:01.039 --> 00:09:05.919 sometimes issues end up in court that probably shouldn't be 156 00:09:06.000 --> 00:09:07.600 in court. We'll be back right after this. 157 00:09:09.600 --> 00:09:12.759 Now back to Dan Ray live from the Window World 158 00:09:12.879 --> 00:09:16.000 night Side Studios on WBZ News Radio. 159 00:09:16.879 --> 00:09:19.480 Well, before we get to our next guest, I want 160 00:09:19.559 --> 00:09:21.919 to remind you that if you're looking to do any 161 00:09:22.759 --> 00:09:28.919 any home exterior remodeling this summer or this fall, call 162 00:09:29.159 --> 00:09:32.200 Window World of Boston. Talk to my great friends Eric Renap. 163 00:09:32.360 --> 00:09:33.799 But do you want to get on the list. They're 164 00:09:33.919 --> 00:09:37.559 very popular. Purchasing windows and doors, siding and roofing can 165 00:09:37.600 --> 00:09:41.240 be an unpleasant experience. Don't wine until the snowflies. Crazy 166 00:09:41.440 --> 00:09:45.759 sales gimmicks, outrageous offers, and unreliable service. Don't fall for 167 00:09:45.840 --> 00:09:47.759 any of it. Do what I did. Call Window World 168 00:09:47.799 --> 00:09:50.120 of Boston today at seven eight one, six seven nine 169 00:09:50.279 --> 00:09:54.120 sixteen thirty your one stop shop for exterior home remodeling. 170 00:09:54.200 --> 00:09:57.720 Make improving your home's energy efficiency and curb appeal easy 171 00:09:58.159 --> 00:10:01.519 by choosing windows, doors, siding in roofing that best fit 172 00:10:01.639 --> 00:10:04.320 your budget and design needs, all backed by best in 173 00:10:04.399 --> 00:10:08.519 class warranties. 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Go ahead, 185 00:10:44.240 --> 00:10:46.320 but you'll always come back to Window World of Boston. 186 00:10:46.639 --> 00:10:49.639 With their quality and their price, neither can be beat. 187 00:10:49.919 --> 00:10:52.600 Call Window World at seven eight one, six seven nine, 188 00:10:52.720 --> 00:10:55.399 sixteen thirty a visit Windoworld of Boston dot com. Window 189 00:10:55.399 --> 00:10:58.080 World the one and only official windows of the Boston 190 00:10:58.159 --> 00:11:02.440 Red Sox, a full service home exterior remodeler. Telling you 191 00:11:02.679 --> 00:11:06.799 this is the best company that you could possibly possibly 192 00:11:06.879 --> 00:11:10.039 deal with any form of home exterira remodeling. They'll come out, 193 00:11:10.080 --> 00:11:11.440 they give you a price, They're I'm going to give 194 00:11:11.440 --> 00:11:13.240 you a song and dance. They're not gonna hangle with you. 195 00:11:13.759 --> 00:11:15.639 They'll show you the product. They will do the job. 196 00:11:15.759 --> 00:11:17.120 They did it for me, They did it for my 197 00:11:17.240 --> 00:11:19.600 family members. They did it for good friends of mine 198 00:11:19.720 --> 00:11:22.600 and no one has ever been disappointed. This is one 199 00:11:22.840 --> 00:11:25.960 great company. Window World of Boston dot Com seven eighty one, 200 00:11:26.360 --> 00:11:28.639 six seven nine, sixteen thirty. 201 00:11:29.840 --> 00:11:34.960 Night Side with Dan Ray, I'm telling you Boston's news radio. 202 00:11:36.159 --> 00:11:38.879 All right, welcome back. I also want to welcome back 203 00:11:39.279 --> 00:11:41.759 patent law professor John Risvey. 204 00:11:42.320 --> 00:11:42.440 Uh. 205 00:11:42.600 --> 00:11:45.600 He has been with us before. Professor Risvey. Welcome back 206 00:11:45.639 --> 00:11:46.480 to Night sid How are you? 207 00:11:47.360 --> 00:11:49.440 Yeah good, It's always a pleasure to be here. 208 00:11:49.600 --> 00:11:49.879 Thank you. 209 00:11:50.360 --> 00:11:54.080 So this is the case of the boneless chicken wings 210 00:11:54.559 --> 00:11:58.000 that can have bones after all, and this got all 211 00:11:58.080 --> 00:12:02.320 the way to the Ohio Supreme Court. Are we wasting 212 00:12:03.200 --> 00:12:07.879 courtroom time on fun issues like this? Give us the 213 00:12:08.000 --> 00:12:11.519 background brief it for us, if you will, and let's 214 00:12:11.559 --> 00:12:12.320 have some fun with it. 215 00:12:12.399 --> 00:12:17.240 Go ahead, yeah, sure. So the plaintiffs is an individual. 216 00:12:17.320 --> 00:12:19.840 His name is Michael Berkheimer, and he went to dinner 217 00:12:19.919 --> 00:12:23.879 with his wife and some friends at a restaurant in 218 00:12:24.000 --> 00:12:29.159 Ohio called Wings on Brookwood. He ordered boneless wings with 219 00:12:29.320 --> 00:12:33.320 garlic sauce, and three days later he had a fever. 220 00:12:34.000 --> 00:12:36.399 He was vomiting. He went to the emergency room and 221 00:12:36.480 --> 00:12:39.919 it turned out that he had a thin bone that 222 00:12:40.159 --> 00:12:45.639 tore his esophagus and caused an infection. So he sued 223 00:12:46.080 --> 00:12:50.519 claiming that the boneless wings were not boneless and there's 224 00:12:50.559 --> 00:12:54.039 a bone in them, and it sued for damages. So 225 00:12:54.200 --> 00:12:58.600 the court looked at this and they said that the 226 00:12:59.399 --> 00:13:03.320 basically common knowledge that chickens have bones, and that the 227 00:13:03.440 --> 00:13:10.000 reasonable consumer would not understand boneless to be one hundred boneless. 228 00:13:10.840 --> 00:13:15.720 So well, particularly with I am not a big chicken 229 00:13:15.759 --> 00:13:19.000 wing guy. Okay, I don't know that I've ever had 230 00:13:19.039 --> 00:13:22.320 a chicken wing for the very reason that I don't 231 00:13:22.360 --> 00:13:25.200 like to deal with anything that's bony. I mean in 232 00:13:25.320 --> 00:13:29.600 the sense that I don't I'm not interested in the 233 00:13:29.679 --> 00:13:32.919 turkey leg of Thanksgiving, thank you very much. If I'm 234 00:13:32.919 --> 00:13:35.480 going to have a chicken, I wanted to be a 235 00:13:35.559 --> 00:13:39.919 breasted chicken. Better if it's covered with parmesan cheese and 236 00:13:40.080 --> 00:13:48.639 tomato sauce. But no bones. This guy, obviously, you know, 237 00:13:48.759 --> 00:13:51.799 he suffered an injury, There's no doubt about it, and 238 00:13:51.919 --> 00:13:55.039 there probably was a relationship, as you said, with the 239 00:13:55.159 --> 00:14:00.799 injury that the dining at the restaurant. Is this a 240 00:14:00.840 --> 00:14:04.559 guy who was just out looking to you know, I 241 00:14:04.639 --> 00:14:07.919 guess he probably really honestly felt that that he was 242 00:14:08.120 --> 00:14:12.000 injured and that that somehow he had a legitimate cause 243 00:14:12.039 --> 00:14:13.399 of action. I guess for it to get to the 244 00:14:13.440 --> 00:14:16.600 Ohio State Supreme Court, you wonder why I wasn't laughed 245 00:14:16.600 --> 00:14:17.399 out of court below. 246 00:14:19.039 --> 00:14:21.799 Well, and you know, I've been looking at a lot 247 00:14:21.840 --> 00:14:25.159 of these cases. So when you look at them, you know, 248 00:14:25.240 --> 00:14:27.080 when you look at a lot of them, something up 249 00:14:27.120 --> 00:14:30.799 being more sympathetic than others. This is a case where 250 00:14:30.840 --> 00:14:37.120 the guy actually is suing for an injury case, a 251 00:14:37.279 --> 00:14:40.320 legitimate injury. Now, there's been all kinds of other cases, 252 00:14:40.480 --> 00:14:43.240 like you know, when does for example, when does you 253 00:14:43.320 --> 00:14:47.279 know if pistachio ice cream if it just has flavoring 254 00:14:47.519 --> 00:14:51.440 and no pistachios, Uh, that's a different you know. That's 255 00:14:51.480 --> 00:14:54.080 the case that was brought. There's a case, several cases 256 00:14:54.120 --> 00:14:59.399 brought against Starbucks because their mango dragonfruit has neither mango 257 00:14:59.559 --> 00:15:02.639 noragon fruit. It's just mango dragon fruit lemonade. 258 00:15:03.360 --> 00:15:05.120 Uh. And they you know, and they thought it was 259 00:15:05.200 --> 00:15:05.840 going to have that. 260 00:15:05.960 --> 00:15:14.279 There's also there's also uh gosha there. Uh. Like vanilla, 261 00:15:14.399 --> 00:15:17.399 for example, is when does vanilla just mean a flavor 262 00:15:18.039 --> 00:15:20.679 versus when is it an actual ingredient in the course 263 00:15:20.720 --> 00:15:25.559 of hell that vanilla is, uh, is a flavor. And 264 00:15:25.679 --> 00:15:28.720 then the tougher cases, so, okay, vanilla is just a flavor. 265 00:15:28.840 --> 00:15:32.120 What about something that's that's a strawberry, like a strawberry 266 00:15:32.279 --> 00:15:36.320 daker or something doesn't have to actually contain any strawberries 267 00:15:36.440 --> 00:15:41.000 or a strawberry, just a considered by consumers a flavor. 268 00:15:41.159 --> 00:15:45.480 So ultimately it comes down to what what do what 269 00:15:45.639 --> 00:15:51.279 does the reasonable consumer expect from, you know, from the. 270 00:15:51.799 --> 00:15:54.840 Reason the reasonable person standard that we all learned about 271 00:15:54.879 --> 00:15:58.639 in law school at some point. But you think, you tall, 272 00:15:58.799 --> 00:16:00.840 you think some of these cases over time. The one 273 00:16:00.879 --> 00:16:04.440 that I always intrigued me was the person who who's 274 00:16:04.480 --> 00:16:08.000 who spilled? I was at hot coffee from McDonald's. Uh. 275 00:16:08.519 --> 00:16:10.960 I think it was a woman in her lap and 276 00:16:11.360 --> 00:16:16.279 and she sued McDonald's. I think it was I'm pretty 277 00:16:16.279 --> 00:16:17.200 sure it was McDonald's. 278 00:16:17.559 --> 00:16:20.639 So it was McDonald's, and she sewed that the coffee 279 00:16:20.799 --> 00:16:26.399 was extraordinarily hot, uh, you know, and that that that 280 00:16:26.559 --> 00:16:30.919 almost became the that that case became the symbol for 281 00:16:31.320 --> 00:16:35.679 an outcry from people asking for reform, right saying that 282 00:16:35.799 --> 00:16:37.480 these lawsuits have gotten out of control. 283 00:16:37.639 --> 00:16:40.679 But but in that particular in that particular case, if 284 00:16:41.320 --> 00:16:45.440 her reasoning had been that led us and I think 285 00:16:45.480 --> 00:16:48.120 it was a drive through. If I'm not mistaken that 286 00:16:48.360 --> 00:16:53.799 if the stybrophoone cup had not had the cap put 287 00:16:53.919 --> 00:16:58.080 on properly, I could see that, and someone you know, 288 00:16:58.159 --> 00:17:00.559 took the coffee and put it in there, and then 289 00:17:00.840 --> 00:17:03.759 it was like it was a flaw in the cap. 290 00:17:06.240 --> 00:17:11.079 That would be a more legitimate argument, I think, well, 291 00:17:11.119 --> 00:17:14.680 potentially more legitimate argument than that the coffee was too hot. 292 00:17:16.839 --> 00:17:20.960 Yeah, and again there's uh, there's this distinction though between people. 293 00:17:21.119 --> 00:17:24.359 There there's no question in that case that she was injured, 294 00:17:25.000 --> 00:17:27.599 and the same thing with this guy with the chicken, 295 00:17:27.640 --> 00:17:30.440 with no question that they're injured. The tougher ones are 296 00:17:30.519 --> 00:17:34.319 where they claimed they didn't get what they thought they 297 00:17:34.359 --> 00:17:39.559 were getting. There's a Nissan, the Nissan Frontier, uh was 298 00:17:39.640 --> 00:17:43.440 shown in an advertisement like basically driving almost driving up 299 00:17:44.000 --> 00:17:47.119 the side of a like a hill, like a dune 300 00:17:47.160 --> 00:17:51.279 buggy almost and and and they were sued. It was 301 00:17:51.400 --> 00:17:54.519 thrown out of court. But the person that suit claims 302 00:17:54.680 --> 00:17:58.119 that he was under the impression that the vehicle was 303 00:17:58.240 --> 00:18:01.880 able to maneuver like that. Uh, And who knows maybe 304 00:18:01.920 --> 00:18:04.240 that's why we see a lot of these car commercials 305 00:18:04.279 --> 00:18:07.359 with you know, with these disclaimers that pop up like 306 00:18:07.440 --> 00:18:11.440 you know, professional driver, closed course or whatever, so that 307 00:18:11.559 --> 00:18:14.799 people don't say that, you know, they thought that's what 308 00:18:14.920 --> 00:18:15.440 it's going to be. 309 00:18:16.759 --> 00:18:17.480 Taco Bell was. 310 00:18:17.480 --> 00:18:22.000 Sued because there someone actually took the posters and the 311 00:18:22.680 --> 00:18:27.640 advertisement showing the size of some of their uh, you know, 312 00:18:28.240 --> 00:18:31.559 food to be reflective, and there's lawsuit was that they 313 00:18:31.640 --> 00:18:35.440 didn't get what they thought they were getting. Those like that. 314 00:18:35.559 --> 00:18:37.319 Oh in this case, yeah, I remember now I was 315 00:18:37.480 --> 00:18:40.680 a Mexican pizza and they said the pizza that they 316 00:18:40.799 --> 00:18:44.480 received had a lot less fewer toppings than what was 317 00:18:44.519 --> 00:18:47.880 shown in the ad. Those that don't have as much 318 00:18:47.960 --> 00:18:51.200 sympathy for there's no there's no there's no personal injury. 319 00:18:51.240 --> 00:18:53.519 They didn't go to the hospital, they weren't burned, they 320 00:18:53.559 --> 00:18:57.200 weren't didn't get their esophagets cut. They simply didn't get 321 00:18:57.240 --> 00:19:00.240 what they assumed or thought they were getting. But of 322 00:19:01.000 --> 00:19:02.960 Chicken Wings, getting back to that, I know you're not 323 00:19:03.279 --> 00:19:07.480 a big fan, but there's a case where Buffalo Wild Wings, 324 00:19:07.680 --> 00:19:10.559 the restaurant was sued. The chain was sued by a 325 00:19:10.680 --> 00:19:13.799 man who said that the wings that they weren't wing meat, 326 00:19:14.039 --> 00:19:18.319 and that he thought chicken wings, boneless chicken wings, were 327 00:19:18.480 --> 00:19:23.440 boneless chicken winged meat, but instead it was breast meat. 328 00:19:23.839 --> 00:19:25.920 And you might say, okay, so if it's you know, 329 00:19:26.119 --> 00:19:28.960 what's the harm? How is he? How is he injured? 330 00:19:29.079 --> 00:19:32.480 He claims his injury or his harm or damages so 331 00:19:32.559 --> 00:19:36.079 to speak, was that that he paid that that wing 332 00:19:36.240 --> 00:19:40.160 meat is should be way more expensive than chicken breast meat. 333 00:19:40.599 --> 00:19:44.400 And his injury is that he overpaid because he wouldn't 334 00:19:44.440 --> 00:19:47.039 that he wouldn't have purchased the chicken wings, the boneless 335 00:19:47.119 --> 00:19:51.279 chicken wings, if he knew it was really breast chicken breast, 336 00:19:52.000 --> 00:19:54.599 he would have purchased nuggets and nuggets. He would have 337 00:19:54.640 --> 00:19:56.400 paid a lot less for chicken nuggets. 338 00:19:56.559 --> 00:19:59.799 Really, I hope, professor, that a lot of these cases 339 00:19:59.839 --> 00:20:03.680 of block pro say because I can't imagine who the 340 00:20:03.799 --> 00:20:10.440 lawyers are. Seriously, there's almost an abusive process argument here, 341 00:20:10.559 --> 00:20:15.519 frivolous claims in some respects in court. And I understand 342 00:20:15.559 --> 00:20:19.400 that there's a wide opportunity for people to go in 343 00:20:19.480 --> 00:20:23.599 and assert a claim, but oh man, yeah, a lot. 344 00:20:23.519 --> 00:20:29.559 Of these cases the defendants counter sue for legal fees sure, 345 00:20:29.799 --> 00:20:32.880 of course, asserting that the case is frivolous and that 346 00:20:33.000 --> 00:20:36.039 they should have their attorney fees covered because they had 347 00:20:36.079 --> 00:20:39.799 to go through and and and defend something that never 348 00:20:39.839 --> 00:20:42.000 should have been brought. Subway in fact, and I don't 349 00:20:42.039 --> 00:20:45.960 know if they were successful or not, but they saw 350 00:20:46.000 --> 00:20:50.640 it almost seven hundred thousand dollars in legal fees against 351 00:20:50.720 --> 00:20:54.839 a woman who claimed who sued claiming that their tuna 352 00:20:55.319 --> 00:20:59.759 subs did not contain tuna, so she brought the lawsuits, 353 00:21:00.640 --> 00:21:03.759 went quite a bit forward with it, and then withdrew. 354 00:21:04.440 --> 00:21:07.000 But even though she withdrew, Subway was like, hey, wait 355 00:21:07.000 --> 00:21:09.200 a minute, we've been harmed. We spent all this money 356 00:21:09.640 --> 00:21:13.000 defending something that shouldn't have been brought, and then it 357 00:21:13.119 --> 00:21:15.400 got a lot of negative publicity and a lot of 358 00:21:15.440 --> 00:21:19.839 our consumers started doubting whether to know was rail just 359 00:21:19.920 --> 00:21:23.240 because somebody brought a lawsuit. And sorry, you can't just 360 00:21:23.319 --> 00:21:27.079 say never mind, I would draw the suit, you know, 361 00:21:27.279 --> 00:21:31.160 never mind, just kitty kidding or whatever. No, you brought 362 00:21:31.200 --> 00:21:34.319 the lawsuit, We spent this money defending it. We were harmed, 363 00:21:34.759 --> 00:21:36.640 and they sued almost you know, suit her for seven 364 00:21:36.720 --> 00:21:39.880 hundred thousand dollars, and I don't know what the court 365 00:21:40.000 --> 00:21:40.799 ended up deciding. 366 00:21:40.960 --> 00:21:44.200 I might that did not have deep pockets. 367 00:21:45.119 --> 00:21:48.880 That that's the real worry that even if they win now, 368 00:21:48.920 --> 00:21:53.599 Subway may have brought the countersuit just for to recover 369 00:21:53.799 --> 00:21:57.640 their reputation right in front of their consumers. 370 00:21:58.319 --> 00:22:02.000 Professor, always a pleasure to I enjoy every time we 371 00:22:02.079 --> 00:22:05.559 get a chance to talk. And you're a font of information. 372 00:22:05.759 --> 00:22:07.480 I don't know how you keep all these cases in 373 00:22:07.599 --> 00:22:13.440 your head, Professor John Risby, the patent Professor, Thanks so much, professor. 374 00:22:13.480 --> 00:22:14.119 We'll talk again. 375 00:22:14.200 --> 00:22:16.440 Okay, Oh, it's a pleasure. Thank you so much. 376 00:22:16.720 --> 00:22:18.720 Right back at you. Here we go, come, here comes 377 00:22:18.759 --> 00:22:20.359 the newscast, and I'm not going to be talking with 378 00:22:20.480 --> 00:22:24.400 Bill Dendy. He's a financial strategist. Seventy percent of parents 379 00:22:25.000 --> 00:22:29.640 this summer say back to school shopping is too expensive. 380 00:22:30.440 --> 00:22:35.279 I'm not surprised. I'm not surprised. We've had twenty percent inflation. 381 00:22:35.720 --> 00:22:37.640 We'll talk with Bill Deandy on the other side of 382 00:22:37.680 --> 00:22:39.400 the news break right here one night. 383 00:22:39.359 --> 00:22:46.519 Side night Side with Dan Ray on Boston's news radio. 384 00:22:48.839 --> 00:22:53.319 All right, welcome back everybody. School. I hate to say this. 385 00:22:53.480 --> 00:22:57.640 In July, school is right around the corner. I should 386 00:22:57.680 --> 00:22:59.599 have I should have said, look, if there are any 387 00:23:00.200 --> 00:23:03.039 teenagers listening, please get them away from the radio, or 388 00:23:03.079 --> 00:23:06.720 I need school children. This was always a bad time 389 00:23:06.759 --> 00:23:09.119 of year when when I was in school, because it 390 00:23:09.200 --> 00:23:09.799 was like, what is that? 391 00:23:09.960 --> 00:23:14.920 July's old Nick August, and it's back to school with us, 392 00:23:14.960 --> 00:23:17.680 as Bill Dendy, So the shock of going back to 393 00:23:17.799 --> 00:23:20.039 school is now not. 394 00:23:20.119 --> 00:23:24.519 Only impacting the students who are currently enjoying a summer vacation, 395 00:23:25.359 --> 00:23:28.200 but also the parents who are doing back to school shopping. 396 00:23:28.279 --> 00:23:29.720 Bill Dendy, Welcome to Nightside. 397 00:23:29.720 --> 00:23:32.680 How are you hey, You're exactly right. 398 00:23:32.759 --> 00:23:33.640 It's good to be with you. 399 00:23:33.799 --> 00:23:37.359 But you hear the parents now complaining and woesing as 400 00:23:37.440 --> 00:23:41.079 much as the students because everything costs so much more money, 401 00:23:41.319 --> 00:23:43.680