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ISSUE 146 VOLUME 22
March 10, 2022
SERVING THE CARIBBEAN AND HISPANIC COMMUNITIES!
How Would Biden’s Supreme Court Nominee Handle Immigration Cases? BY EMMA WINGER
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resident Biden has nominated Judge Ketanji Brown Jackson to replace retiring Justice Stephen Breyer on the United States Supreme Court. With nearly a decade as a federal judge, Judge Jackson’s record may provide some clues about how she would handle immigration cases as a Supreme Court Justice. Immigration law has three main comcontinued on page 11
Americans Want Biden and Democrats to Keep Their Promises and Lean In On Immigration ....26
Judge Brown Jackson. Editorial credit: Wikicago
The World Will Pay a High Price for Russian Aggression against Ukraine ....2 CARIBBEAN STAR
Remembering Joyce Quamina: Cultural Ambassador, Carnival Queen, and Icon BY VICTORIA FALK, SPECIAL TO CAW
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he Caribbean community mourns the loss of Trinidadian Joyce Quamina, who died unexpectedly in Mount Sinai Hospital, in New York, at the age of 85, on March 1, 2022. It is ironic that the longtime Brooklynite, who was known affectionately by many as the "Carnival continued on page 4
The Passing of the Honorable Bishop Ras Denroy Morgan....21 Law Firm of Figeroux & Associates
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Message from CARICOM Secretary-General Dr Carla Barnett ....3
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If You've Never Had COVID, Should You Relax or Worry?....25
Love & Relationships: I Said Yes!... Now What? ....24
Your Kids May be Nervous about Ditching the Mask ....22
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See pages 13-20
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SPECIAL CARIBBEAN REPORT OP-ED Caribbean Consulates Anguilla 845 Third Avenue New York, N.Y. 10022 Tel: 212-745-0200 Antigua & Barbuda 305 East 47th Street, Suite 6A New York, N.Y. 10020 Tel: 212-541-4117 The Bahamas 231 East 46th Street New York, N.Y. 10017 Tel: 212-421-6420 Barbados 820 Second Avenue, 5th Floor New York, N.Y. 10017 Tel: 212-551-4325 Belize 675 Third Avenue, Suite 1911 New York, N.Y. 10017 Tel: 212-593-0999 Dominica 685 Third Avenue, 11th Floor New York, N.Y. 10017 Tel: 212-949-0853 Dominican Republic 1500 Broadway, Suite 410 New York, N.Y. 10036 Tel: 212-599-8478 Grenada 685 Third Avenue, Suite 1101 New York, N.Y. 10017 Tel: 212-599-0301 Guyana 308 West 38th Street New York, N.Y. 10018 Tel: 212-947-5119 Haiti 815 Second Avenue,6th Floor New York, N.Y. 10017 Tel: 212-697-9767 Jamaica 767 Third Avenue, 2nd Floor New York, N.Y. 10017 Tel: 212-935-9000 Martinique 444 Madison Avenue, 16th Floor New York, N.Y. 10022 Tel: 212-838-6887 Montserrat 845 Third Avenue New York, N.Y. 10022 Tel: 212-745-0200 Panama 1212 Avenue of the Americas, 20th Floor New York, N.Y. 10036 Tel: 212-840-2450 St. Kitts & Nevis 414 East 75th Street, 5th Floor New York, N.Y. 10021 Tel: 212-535-5521 St. Lucia 630 Third Avenue, 7th Floor New York, N.Y. 10017 Tel: 212-697-9360 St. Maarten 675 Third Avenue, Suite 1807 New York, N.Y. 10017 Tel: 800-786-2278 St. Vincent & The Grenadines 801 Second Avenue, 4th Floor New York, N.Y. 10017 Tel: 212-687-4981 Trinidad & Tobago 125 Maiden Lane, 4th Floor New York, N.Y. 10038 Tel: 212-682-7272 For more Consulate information go to www.cawnyc.com/directory
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The World Will Pay a High Price for Russian Aggression against Ukraine BY SIR RONALD SANDERS
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he invasion by the Russian Federation of the sovereign state of Ukraine has been roundly condemned by most countries of the world. However, Venezuelan president, Nicolas Maduro, announced his support of it. Had president Maduro stopped short at his statement that: “We repudiate and reject all plans to surround Russia militarily and strategically. Russia has to be respected as all the peoples of the world have to be respected”, that would have been, at least, understood to be ideological and strategic support in his government’s interest. But, by swiftly and unequivocally supporting the Russian invasion of Ukraine, which is a clear violation of the basic tenets of the UN Charter and international law, president Maduro raises questions. It is to be hoped that the Venezuelan government does not regard the Russian aggression against Ukraine – in violation of Article 2, paragraph 4 of the United Nations Charter – as encouragement for similar action against its neighbours. In this connection, the Caribbean Community (CARICOM) countries were right to issue a statement in the immediate aftermath of the Russian invasion of Ukraine that the “hostilities against Ukraine go counter to the principles of respect for sovereignty, territorial integrity, and the prohibition on the threat or use of force, and the peaceful resolution of disputes, which are the bedrock of this Community”. All countries should understand that CARICOM countries are small states that depend on the rule of international law, including the illegality of aggression and the prohibition of the threat or use of force in disputes. At the time of writing, both the United Nations and the Organization of American States (OAS) are working on issuing strong resolutions, condemning not only the Russian invasion of Ukraine, but also the earlier recognition, on February 21, by the Russian government of two provinces of Ukraine – Donetsk and Luhansk – regions of Ukraine as a violation of the territorial integrity and sovereignty of Ukraine and inconsistent with the principles of the Charter of the United Nations. When this crisis began to loom, there was, in some Caribbean circles, the view that countries of the region should stayout of “the white boys war”. However, as I have argued in previous commentaries, any march by the Russian government into Ukraine and any attempt to annex parts of it by recognition of break-away regions within it, would have grave repercussions for the world, including the Caribbean. First, it would embolden governments with contentions with their neighbours, territorial and otherwise, to act in a simi-
EU, USA and Russian flags with chess pieces symbolizing the conflict and control of Ukraine
lar fashion. The consequence would be to create hostilities and instability in almost every region of the world. Second, Ukraine is the breadbasket of Europe. Disruption of its food production and supply would cause not only food shortages but also an increase in the cost of food globally as Europe seeks other sources of supply. Third, oil and gas prices would increase as action is taken against Russia by stopping its sales of oil to Europe. Europe, too, would have to buy oil in the same markets as Caribbean countries, forcing up prices at a time when the region is barely beginning to recover from the adverse effects of the COVID-19 pandemic. No sector would be spared and especially affected would be tourism, the supply of energy and water, and food production. The US has tried and failed to convince large oil producers, such as Saudi Arabia, to pump more oil to cater for Europe’s needs. But long before the hostilities in Ukraine, Russia had already tied up a deal with member states of the Organization of the Petroleum Exporting Countries (OPEC) not to increase oil production in order to keep prices at a high level. What was happening in Ukraine was, therefore, always a peril to the world community. The person who knew this best was UN Secretary-General, António Guterres. He told the UN special general assembly meeting on 23 February that “Our world is facing a moment of peril”, and even as the Russian government had already indicated its intention to launch a military offensive against Ukraine, he said: “If the conflict in Ukraine expands, the world could see a scale and severity of need unseen for many years”. These circumstances now face the world. It is unlikely that the Russian Federation President, Vladimir Putin, will heed the urgings to stop the hostilities and withdraw troops from Ukraine
immediately. It is also unlikely that even though it is a violation of international law and the UN Charter, that he will drop his recognition of Donetsk and Luhansk which are part of the Ukraine. He will regard these as bargaining chips with the member countries of the North Atlantic Treaty Organisation (NATO) and the European Union (EU). This situation will therefore continue for some time while bargaining takes place both behind the scenes and in public. NATO and EU countries are not without leverage of their own. Apart from what British prime minister, Boris Johnson, called a “barrage” of sanctions, coming from the US, the EU and the UK, there are other ways in which Russia could be isolated. The sanctions on Russian oil companies and banks are already in place, putting pressure on Russia’s economy about which its own people will eventually complain. In the meantime, the global community will pay a high price for Russia’s violation of the principles of international law that have, largely, underpinned peace and protected small states. That’s why, CARICOM was right to speak out as it did. CARICOM leaders were safeguarding the interest of Caribbean people. l Sir Ronald Sanders is currently Ambassador Extraordinary and Plenipotentiary to the United States and the Organization of American States.
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THOUGHTS
Message from CARICOM Secretary-General Dr Carla Barnett: Happy International Women’s Day
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t is a distinct honor and pleasure for me to celebrate our women and girls across the Caribbean Community on International Women’s Day. Today, [March 8] is an opportunity to celebrate the important contributions and tireless service that women around the world give every day at home, in their communities and beyond, and in every sphere of life. We celebrate their many achievements and recognize the progress that has been made towards gender equality, while acknowledging that there is still much more work to be done. International Women’s Day provides an important platform to highlight the challenges women face in realizing their full human rights, and to engage men and boys as champions for gender equality. The global theme for this year’s observance is “Gender Equality Today For A Sustainable Tomorrow.” It recognizes the contribution of women and girls around the world who are leading the charge on climate change adaptation, mitigation and response, to build a more sustainable future for all. Achieving gender equality in the context of the climate crisis and disaster risk reduction is one of the urgent global challenges of the 21st century. Climate change will continue to have severe and lasting impacts on our environment, and therefore on our economic and social development. The most vulnerable and marginalised among us, including indigenous and rural women, experience the most severe effects.
TEAM My people are destroyed for lack of knowledge. —Hosea 4:6 ublisher I.Q. INC. Managing Editor & Editor-in-Chief
Pearl Phillip Legal Advisor Brian Figeroux, Esq. Graphic & Website Designers Praim Samsoondar Kenrick Williams Feature Writers Linda Nwoke Victoria Falk
Secretary-General Dr Barnett. Photo CARICOM.org
According to UN Women, women constitute 70% of the world’s poor and are more likely to work or live on marginal lands and in informal settlements. Further, women’s capacity to cope with the shocks of climate events is further limited by gender inequalities and cultural norms in relation to gender roles, which often restrict women’s decisionmaking in disaster situations and limit their ability to escape natural disasters. Female-headed households, estimated to be 40% in the Region, must be included when developing climate and disaster risk policies, programmes, and projects. Overall, women head larger households than men and their livelihoods are more vulnerable to the impact of disasters. They also struggle more than men to find alternative livelihoods and re-enter the formal employment sector. As is the case during the on-going COVID-19 pandemic, disasters disproportionately increase women’s care burden, the incidence of
gender-based violence and job losses. Yet, women and girls are effective, powerful leaders and change agents for climate adaptation and mitigation. They are involved in environmental sustainability initiatives around the world, and their participation and leadership result in more effective climate action. As a Community, we need to continue to increase the opportunities, and minimise the constraints to empowering women and girls to have a voice, and to be equal partners in decision-making on climate action and disaster management. By advancing gender equality today as a powerful driver of development and working towards ensuring lives free of violence and poverty, we will secure a sustainable tomorrow and a thriving Community for all. It is my pleasure and privilege to wish everyone a Happy International Women’s Day. l
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IN MEMORIAM Joyce Quamina/ continued from page 1 Queen," would take her last breath on the day known in Trinidad as "Carnival Tuesday." Ms. Quamina, who was born in Port-of-Spain, in Trinidad, migrated to the United States in 1969. She settled in Brooklyn, New York, and was wellknown throughout the community. Joyce Quamina's name became synonymous with Brooklyn's Labor Day Carnival because of the decades of her life she devoted to helping make the event a success. Although she is mainly known for her work with the West Indian American Day Carnival Association, her daughter, Michelle Quamina, shared lesser-known ways that her mother impacted the community with the press. She volunteered her time to speak to prisoners about the importance of celebrating Caribbean culture and conducted workshops in city colleges and universities to teach students about Carnival. She mentored youths and adults in the community on Caribbean culture. Quamina was connected to the West Indian American Day Carnival Association (WIADCA) for over 40 years, in varying capacities. Reportedly, Joyce Quamina was referred to WIADCA, where she started working as a judge. She then became a head judge – judging the Mas Bands. After that, she reportedly joined WIADCA and later became a board member. She was the business manager for WIADCA and the head
Photos: Joyce Quamina Facebook
judge. "She has worked hard to bring WIADCA to where it is today. She's raised funds, she got sponsorships, she worked very hard with the Steel Band Association…," said Ms. Sealy regarding her late friend, Joyce Quamina. Ms. Sealy also credited Ms. Quamina with bringing back the Children's Carnival, taking it to new levels, and helping the Steel Band Association resolve conflicts when people in the neighborhood would call the police complaining they were making too much noise. Even after her retirement, Joyce Quamina remained dedicated to WIADCA and continued to consult the organization.
Ms. Quamina's acclaim for her work with Brooklyn's Labor Day Carnival and WIADCA led to her being summoned by other organizations with requests for her help with their Carnivals. During an exclusive conversation with Caribbean American Weekly, Trinidadian Angela Sealy, former Chairperson of West Indian American Day Carnival Association, fondly remembered her friend and supporter, Joyce Quamina. "She loved to party. We supported all the different Carnivals," shared Ms. Sealy. "She did a lot to support other organizations. People would call her for help with their Carnivals," added Sealy. Ms. Sealy mentioned White Plains, NY; Boston,
Baltimore, Toronto, Miami, and Trinidad and Tobago Carnival and remembered the good times shared with Ms. Quamina. Sealy shared that one of the WIADCA members started the Miami Carnival, and Ms. Joyce Quamina would always call to give him advice, and the whole contingent of the organization used to go down. Ms. Quamina's death has left WIADCA members and officials with a sense of significant loss. The community is mourning. WIADCA released this statement to the press regarding the passing of Joyce Quamina, "Her eyes saw many transitions, her wisdom guided us through many successes, she taught us the importance of listening to, respecting, and honoring those who came before us." Angela Sealy said, remembering Joyce Quamina, "She would help anyone. She would get food for the kids. Many people trusted her and would call her for guidance for many things. She was a wonderful person." The Caribbean American Weekly offers condolences to the family, friends, and supporters of the late Joyce Quamina, "a Cultural Icon." Joyce Quamina was loved by many and will be missed. Funeral services have been scheduled for Saturday, March 12, 2022, at Harmony Funeral Home, located at 2200 Clarendon Road, in Brooklyn, New York. The viewing of the body is scheduled for 11 am to 12noon, while the funeral service is set for 12noon to 2 pm. Rest in peace, "Carnival Queen."l
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WOMEN’S HISTORY MONTH: AT WORK
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Equality in the Workplace
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n 2020, women earned 84 cents for every dollar men earned, the Pew Research Center says. Based on those rates, it would take a woman an extra 42 days of work to earn what a man did in 2020. Here’s a closer look at the pay gap women face in the workplace. Differences in Ages Play a Role Women ages 25-34 have a smaller wage gap than other generations. In 2020, research showed that women in this age group earned 93% of hat men did, and that gap is closing. In 1980, for instance, women in this age group earned 33 cents less than male counterparts, a gap that narrowed to just 7 cents in 2020. Why is There a Pay Gap? Pew says that some of the gap can be explained by measurable factors such as educational attainment, occupational segregation, and work experience. Women tend to be overrepresented in lower-paying occupations relative to their share of the workforce, which may exacerbate differences in pay. But there are also more nefarious reasons. A 2017 Pew study shows that about 40% of women reported experiencing gender discrimination at work, including earnings inequality. A quarter of employed women said they earned less than a man who was doing the same job.
The Effect of Motherhood Motherhood is another factor in the gender pay gap. Becoming a mom can interrupt a woman’s career path, having a negative impact on a woman’s earnings. In the U.S., women tend to take off more time than fathers after becoming a parent and were nearly twice as likely as fathers to say taking time off had a negative impact on their job. Once they become a mother, women still tend to carry more of a load in the home and with childcare responsibilities. In a 2019 survey, Pew says that mothers with children younger than 18 say they were more likely than fathers to need to reduce working hours, felt like they couldn’t give a full effort at work, and turned down a promotion because they were balancing work and parenting. One in five mothers say they had been
passed over for an important assignment or promotion at work and more than a quarter say they were treated as if they weren’t committed to their work. Landmark Equal Pay Case The U.S. women’s national soccer team (USWNT) will finally receive equal pay with the men’s team, reaching a $24 million settlement last month with the United States Soccer Federation after a lengthy unequal pay lawsuit. In a joint statement, the Federation (also known as U.S. Soccer) and the U.S. women’s team said: “We are pleased to announce that, contingent on the negotiation of a new collective bargaining agreement, we will have resolved our longstanding dispute over equal pay and proudly stand together in a shared commitment to advancing equality in soccer.” l
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WOMEN’S HISTORY MONTH: PANDEMIC
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COVID-19 Pandemic Disproportionately Affected Women in the Americas
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ashington, DC, March 8, 2022 (PAHO): The COVID-19 pandemic had a disproportionate impact on women in the Americas, contributing to increased gender inequality in health and threatening women’s development and well-being, a new report from the Pan American Health Organization (PAHO) says. The report Gender and Health Analysis: COVID-19 in the Americas, launched today during a webinar to mark International Women's Day, explores the effects of the pandemic on women and girls, and presents findings in areas such as health, employment and social welfare. The event included the participation of Karen Sass, Director of Disability of the Ministry of Social Development National Secretariat of Care and Disability of Uruguay and H.E. Hugh Adsett, Ambassador and Permanent Representative of Canada to the Organization of American States (OAS). "This report underscores that gender inequality is an ongoing social, economic, political and health crisis, which has been exacerbated by the pandemic," PAHO Director Carissa F. Etienne said. "But it also highlights where we need to work harder to create a more equitable, resilient and sustainable future," she stressed. During the pandemic, the role of caregiver exposed women to an increased
risk of contracting COVID-19. Comprising the vast majority of healthcare workers, women were on the front line caring for patients and accounted for 72% of all COVID-19 cases among healthcare professionals in the region. "If they had been better protected from the start and with reasonable shifts, many infections could have been avoided," Dr. Etienne said. The physical and emotional costs of working long shifts in hospitals and the worry about COVID-19 exposure followed many female healthcare workers home, where they were often also responsible for 80% of chores. The study points to several research that have shown that women working in healthcare are more likely to suffer from anxiety and depression, insomnia or burnout than their male counterparts. During lockdowns to curb the spread of the virus, women also spent more time at home, a place which was unsafe for
many. Calls to domestic violence hotlines shot up by 40% in some countries during these periods. In others, they dropped dramatically, indicating that women could have faced new barriers to seeking help. COVID-19 has also had a marked impact on women's health. The report highlights that, while data shows women are overall less likely to develop severe disease from COVID-19 than men, they were also more likely to be diagnosed later. And once they were diagnosed, they died earlier, suggesting that many did not receive timely adequate care. Meanwhile, the re-direction of healthcare services to cope with the COVID-19 emergency left too many women and girls without the support they needed to stay healthy. In Latin America and the Caribbean, 1 in 4 adolescents did not have access to family planning services, leaving them exposed to unwanted pregnancies, health risks, and school
dropouts, among others. The pandemic also aggravated maternal mortality. Expectant mothers had to balance the fear of COVID-19 with the uncertainty of whether they could safely deliver their babies in a health facility, and too many did not receive the care they needed in time. In the past two years, more than 365,000 cases of COVID-19 have been reported in pregnant women in the region, and more than 3,000 of them have died. "We must address these profound inequities to tackle the current health crisis and build a better future for women and girls in the region," Dr. Etienne stressed. The report also warns that the incorporation of a gender approach in the response to the pandemic has been insufficient. Gender does not feature in analyses of the direct and indirect effects of the pandemic, making it difficult to recognize and understand the different consequences COVID-19 has had on men and women. "The pandemic demands a radical transformation in the generation, analysis and use of disaggregated data to identify health inequalities," PAHO Assistant Director Jarbas Barbosa said. "Without quantitative and qualitative data and evidence, our efforts in gender equity and other aspects of health are significantly compromised," he added. l
A Third of Pregnant Women with COVID-19 Unable to Access Life-saving Critical Care On Time
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ashington D.C. 2 March 2022 (PAHO): A lack of access to timely care and disruptions to prenatal services are to blame for an increase in maternal mortality in the Americas during the pandemic, with one in three pregnant women unable to access timely critical care, the Pan American Health Organization (PAHO) Director Carissa F. Etienne said. With COVID-19 cases among pregnant women reaching more than 365,000 in the region over the past two years, and deaths surpassing 3000, Dr. Etienne said in a media briefing today that “this is a tragedy, especially now that we have safe and effective vaccines.” A pre-published PAHO study on maternal mortality across 8 countries showed that from 447 pregnant women that died between 1 March 2020 and 29 November 2021, 90% were already experiencing life-threatening symptoms when admitted to hospital. Nearly 77% delivered their babies prematurely and 60% were born with low birth weight – an issue that can impact the health of a child for the rest of its life.
“We must prioritize women to ensure they are shielded from the worst of the pandemic,” Dr. Etienne said. Pregnant women, in particular, are “among the most vulnerable to COVID-19, due to changes in their immune system which can put them at risk for severe disease,” she added, urging countries to urgently ramp up access to vaccines, ensure the continuation of health services that women depend on, and improve access to family planning services. These are “life-saving services that
should remain open now more than ever,” added the Director. Even though most countries in the region recommend COVID-19 vaccination for pregnant women, their uptake is still very low. “It is critical that health workers talk to expectant mothers about the importance of getting vaccinated to protect them, and their babies, from this virus,” Dr. Etienne said. The PAHO Director also called for greater emphasis on programs that address women of ethnic minorities, such as afro-descendants,
indigenous women, and migrants who “are often at greater risk, due to the overlap of gender and social factors. Dr. Etienne also highlighted the broader impact that the COVID-19 crisis has had on women and girls, including additional caregiving responsibilities and career disruptions. She highlighted that – as the majority of the health workforce – women have been on the frontlines of the COVID-19 response, accounting for 72% of all COVID-19 cases among health professionals. “In a region that is rife with inequality, women have, once again, been disproportionately affected,” she said. Turning to the COVID-19 situation in the region, the Director reported that new cases dropped to 32% from the previous week, reaching 1.5 million. Countries also reported 24,650 deaths, a 10% decline. These downward trends were seen throughout much of the region, with the exception of Central America where deaths rose by nearly 16% this week.l
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A woman’s future is as important as her history.
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WOMEN’ HISTORY MONTH: HEALTH CARE Are you looking to get into the health & wellness business?
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Well Woman Exams
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ost people know they should get an annual physical exam with their primary care physician. Women also get another annual exam, usually called the well woman exam, pelvic exam or gynecological exam. Sometimes it’s performed by your PCP, but more often it’s given by a gynecologist. Keep reading to learn more about well woman exams. When to Start Wellness Visits It’s a good idea to get your first well woman exam between 13 and 15, Planned Parenthood says. Your doctor may just talk with you and then do a regular physical exam. If you’re worried about your period, if it’s been heavy, painful or irregular, now is the time to talk about it. The doctor or nurses may check on height, weight and offer vaccines, like the HPV vaccine. Be honest with your car providers about if you’re sexually active. This will let them know if you need STD testing. They may also talk with you about birth control. Ages 21-39 Around 21, you should start getting regular pelvic exams and Pap tests. Pap tests
look for abnormal cells on your cervix that could lead to cervical cancer. During this test, the doctor or nurse will put a metal or plastic speculum into the vagina and open it. They’ll then use a tiny spatula or brush to collect cells from your cervix. Those cells will go to a lab to be tested. You’ll also need a routine clinical breast exam every one to three years, Planned Parenthood says. During your visits, the health care provider may talk about healthy relationships, mental health, emotional health and more. Answer their questions honestly; it’s important to have good communication with your providers so they can provide
you with the best care. After 40 As you age, your provider may add more tests, such as mammograms, that are required on a regular basis. Mammograms are X-rays of the breast that can show early signs of breast cancer. Try not to get your mammogram the week before you get your period or during your period, as your breasts may be tender and the mammogram will be more uncomfortable than usual. On the day of your exam, don’t wear deodorant, perfume or powder as these products can show up white on the Xray.l
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WOMEN’ HISTORY MONTH: LEADERSHIP
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U.S. Vice President Hon. Kamala Harris
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amala Harris made history on 20 January, 2020 as she was sworn in as the first woman and the first woman of color to be elected US Vice President at the US Capitol in Washington DC. Being the first to do something seems to come naturally to Harris. In 2017, she became the first South Asian-American senator in US history, and the second African-American woman elected to the Senate. She was born Oct. 20, 1946, in Oakland, California, to immigrants from India and Jamaica. Her mother, Shyamala Gopalan, was a breast cancer researcher and her father is a professor of economics. “My mother would look at me and she’d say, ‘Kamala, you may be the first to do many things, but make sure you are not the last,’” Harris says. Both of her parents were activists, having met during the civil rights movement. They took young Kamala and her sister, Maya, to demonstrations and introduced diverse role models such as Constance Baker Motley. Harris is a graduate of Howard University and the University of California Hastings College of Law. She started her career in the Alameda (California) County District Attorney’s
VP Harris,Editorial credit: Daniel Hernandez-Salazar / Shutterstock.com
Office and was elected district attorney of San Francisco in 2003 and attorney general of California in 2010. As attorney general, Harris won a $20 billion settlement for Californians who had their homes foreclosed on and a $1.1 billion settlement against a for-profit education company. Harris also ran for Senate and served as the junior senator from California until Joe Biden chose her as his presidential running mate. As a senator, Harris championed legislation for combat hunger, improve maternal health care, address climate change and more. She served on the Senate Committee on Environment and Public Works and authored anti-lynching legislation that became law.
Harris is frequently called upon to cast a tie-breaking vote in the Senate because it is divided 50-50 between Republicans and Democrats. Her first tie-breaking vote was Feb. 5, 2021, to pass a pandemic stimulus package, and it was quickly followed by six more tie-breakers, setting a new record. Harris is married to attorney Doug Emhoff, who is referred to as the second gentleman. She’s stepmother to his two children, Cole and Ella. She’s written two books, “Smart on Crime: A Career Prosecutor’s Plan to Make Us Safer,” and “The Truths We Hold: An American Journey,” and a children’s book, “Superheroes are Everywhere.” She was the 2005 recipient of the Thurgood Marshall Award from the National Black Prosecutors Association, the 2016 recipient of the Bipartisan Justice Award from the 20/20 Bipartisan Justice Center and has several honorary degrees. Here are her quotes on leadership and women making history. On leadership “Anyone who claims to be a leader must speak like a leader. That means speaking with integrity and truth,” Harris said in an Instagram post in 2019.
On women making history “To the woman most responsible for my presence here today – my mother, Shyamala Gopalan Harris, who is always in our hearts. When she came here from India at the age of 19, maybe she didn’t quite imagine this moment. But she believed so deeply in an America where a moment like this is possible,” Harris said during her victory speech on 7 November. “I’m thinking about her and about the generations of women – Black women, Asian, white, Latina, and Native American women throughout our nation’s history who have paved the way for this moment tonight. Women who fought and sacrificed so much for equality, liberty, and justice for all, including the Black women, who are too often overlooked, but so often prove that they are the backbone of our democracy. What a testament it is to Joe’s character that he had the audacity to break one of the most substantial barriers that exists in our country and select a woman as his Vice President. But while I may be the first woman in this office, I won’t be the last. Because every little girl watching tonight sees that this is a country of possibilities.” l
NEW Traf昀c Rule Now in Effect Drivers and cyclists passing through intersections without traf昀c signals or stop signs must STOP for pedestrians until they’ve 昀nished crossing. Violators are subject to 昀ne.
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IMMIGRATION
10
New Border Surveillance Technology Raises Privacy Concerns and Could Increase Deaths BY KATY MURDZA
T
he Department of Homeland Security (DHS) recently announced that it has been developing and testing robot dogs for use by U.S. Customs and Border Patrol (CBP) at the U.S.-Mexico border. The robots are just one of several types of new surveillance technology CBP has implemented or tested. This technology raises privacy concerns for citizens and non-citizens alike, and risks increased fatalities for people trying to cross the border. The new robots, made by Ghost Robotics, have four legs and can carry cameras and sensors across rugged terrain in remote areas of the U.S.-Mexico border. After the announcement, members of the public expressed concern. Some pointed to a demonstration in which a rifle was mounted to a Ghost Robotics robot at a 2021 military conference. The company has stated that it does not sell weaponized robots, but that it is up to the government what it does with the product once purchased. And some experts have expressed concern that once a type of technology has been accepted, new uses that violate civil liberties are likely to develop. Even before this latest development, the Biden administration had implemented other new technologies at the border. For example, an upgraded X-ray technology derived from electricity instead of radioactive isotropes scans freight. And
Editorial credit: mikeledray / Shutterstock.com
new Autonomous Surveillance Towers along the border have cameras that scan a 3-mile radius, can be relocated within two hours, and are fully solar powered. This new border technology is consistent with President Biden’s immigration policy. During his campaign, he pledged to “[i]nvest in better technology coupled with privacy protections at the border, both at and between ports of entry, including cameras, sensors, large-scale x-ray machines, and fixed towers.” President Biden’s proposed U.S. Citizenship Act includes “the deployment of technology between ports of entry.” And the White House budget request for fiscal year 2022 includes $1.2 billion for border infrastructure, including “modern border security technology.” Democrats have often proposed a “smart”, “virtual,” or “digital” border wall made of cameras, sensors, and radars. They have pitched this as a “humane alternative” to a physical barrier, the strategy pushed by President Trump.
But one study on sections of “virtual” wall in Arizona found “a meaningful and measurable shift in the location of human remains toward routes of travel outside the visual range of the [technology], routes that simultaneously required much greater physical exertion, thus increasing peoples’ vulnerability to injury, isolation, dehydration, hyperthermia and exhaustion.” This outcome is consistent with those of past immigration strategies that relied on deterrence. Attempting to deter migration is ineffective and dangerous, as people still attempt to cross the border but in more remote areas. The remains of over 8,000 people have been found on the northern side of the U.S.-Mexico border since 1998—the real death toll is likely much higher. CBP is also increasing the collection of biometric data at its land ports of entry. In October 2020, the agency launched CBP One, an app that uses GPS tracking and facial recognition to facilitate inspection and entry into the United States. The app raises several concerns, including ones related to privacy and facial recognition technology’s higher false positive rates among certain racial groups. Surveillance and militarization also harm border communities. One community that has suffered greatly is the indigenous Tohono O’odham Nation. CBP has installed vehicle barriers, interior checkpoints, and Integrated Fixed Towers on Tohono O’odham land, which
is divided by the U.S-Mexico border. People living in these areas report a constant buzzing, the feeling of always being watched, and symptoms of “checkpoint trauma.” But border surveillance technology doesn’t only affect immigrants and border communities. Technologies that start at the border, such as aerial drones and license place scanners, are often later used in the interior of the country. In 2020, CBP agents and drones were deployed to protests in various cities of the police murder of George Floyd, a Black man in Minneapolis. And the militarization of the border wastes immense amounts of taxpayer dollars for the benefit of for-profit defense contractors. In 2006, Boeing Defense started work on a DHS contract to build the Secure Border Initiate Network, a type of “virtual” wall. Five years later, a review showed that the project could not meet its objective. DHS then canceled the contract. $1 billion dollars had already been spent, at a cost of at least $15 million per completed mile. Increasing border surveillance technology is harmful, ineffective, and unnecessary. The Biden administration should focus on restoring access to asylum and creating a humane immigration system. There’s no need to waste resources on a modern version of the repeatedly failed deterrence strategy."l
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IMMIGRATION Judge Ketanji Brown Jackson / continued from page 1 ponents: Federal statutes passed by Congress, regulations created by federal agencies, and federal court decisions. As a result, the Supreme Court plays a central role in shaping immigration law. Just this term, the Supreme Court will decide four key immigration-related cases. Which begs the question: How would a Justice Jackson decide immigration cases if appointed to the Supreme Court? Judge Jackson has a distinguished resume. She has served the legal system in a variety of capacities, including as a law clerk to Justice Breyer, an Assistant Federal Public Defender, a law firm litigator, and a Vice Chair and Commissioner of the U.S. Sentencing Commission. However, her time as federal judge likely provides the most insight into what sort of justice she might be. Judge Brown served as a U.S. District Court Judge in the District of Columbia from 2013 until June 2021, when she became a judge on the U.S. Court of Appeals for the District of Columbia. Judge Jackson decided cases involving a range of immigration-related issues, including a case that led a man to lose his U.S. citizenship due to alleged fraud and a Freedom of Information Act litigation. However, four cases dealt with particularly hot-button immigration topics. In two cases, she sided with the party challenging the government’s restrictionist immigration policies. In the other two,
11 she sided with the government. Center for Biological Diversity v. McAleenan (September 4, 2019) Environmental advocacy groups sued the U.S. Department of Homeland Security (DHS) over its decision to waive environmental laws so it could build an additional stretch of border wall along the southwest border. Judge Jackson ruled against the advocates. She found that the court did not have jurisdiction to consider the advocates’ claim that the waiver violated a federal statute. Judge Jackson also rejected the advocates claims under the U.S. Constitution. The advocates asked the Supreme Court to review Judge Jackson’s decision, but the Supreme Court declined to take the case. Make the Road New York v. McAleenan (September 27, 2019) Three immigrant rights organizations challenged a DHS rule that dramatically expanded fast-track deportations. Expedited removal is a process where immigration enforcement officers can deport certain people without a hearing before an immigration judge. It had been limited to people stopped near U.S. borders within their first two weeks in the United States, or if they arrived by sea. The Trump administration expanded this process to apply to certain people who could not show that they had been in the United States continuously for at least two years, regardless of where they were
stopped in the country. Judge Jackson blocked the expansion. She determined, in part, that the government likely did not consider all important aspects of expanding the fast-tracked process before issuing its decision to do so. However, the D.C. Circuit Court of Appeals overturned that decision on June 23, 2020. The case is still pending at the district court. Kiakombua v. Wolf (October 31, 2020) Five women seeking asylum challenged a lesson plan created by U.S. Citizenship and Immigration Services (USCIS) that instructed asylum officers how to conduct certain asylum screening interviews for people in expedited removal (called “credible fear interviews”). The women argued that USCIS designed the lesson plan to make it harder for asylum seekers to pass these interviews. Judge Jackson found that the court had jurisdiction to consider these claims and that the lesson plan was “manifestly inconsistent” with asylum law. While USCIS initially filed a notice of appeal, it ultimately dropped that appeal. Las Americas Immigrant Advocacy Center v. Wolf (November 20, 2020) An immigration advocacy organization and 10 people seeking asylum sued DHS and the Department of Justice over two new policies that further fast-tracked the credible fear interview process. Under the Prompt Asylum Claim
Review (PACR) and the Humanitarian Asylum Review Process (HARP), the government gave asylum seekers just one day to prepare for their screening interviews and kept them detained in U.S. Customs and Border Protection (CBP) facilities during the process. These policies rushed asylum seekers through the screening process while detained in freezing and unsanitary CBP facilities. They had little access to the outside world, including attorneys. Asylum seekers have a right to consult an attorney before their credible fear interview. Judge Jackson rejected the challenge to PACR and HARP, holding that these harmful policies were lawful. The advocates appealed that decision. They also filed a motion asking the Court to reconsider. That motion is still pending. The case has been assigned to a different judge after Judge Jackson was elevated to the appeals court. These four cases suggest a judge who is sometimes—but not always—willing to hold the government accountable for its unlawful conduct in the immigration arena. It is important to remember, however, that Judge Jackson decided all four cases as a district court judge. She was required to follow law from the D.C. Circuit Court of Appeals and the Supreme Court. As a Supreme Court Justice, she would have more freedom to make the law. The true test will come if she is confirmed. l
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JOBS & RECESSION
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Being a Paralegal Is a Great Career Choice! attorneys, opposing counsel, vendors, staff members, clients, and others. The work is varied, and each day brings new challenges.
BY THE CHAMBER COALITION
A
career as a paralegal (also known as a legal assistant) can be a wonderfully fulfilling profession. Paralegals perform legal, regulatory, and business-related research for lawyers working at their organization. Most of the time, paralegals work for law offices, non-profits, corporations' legal departments, or courts. These professionals also provide legal support services to attorneys. They assist lawyers in filing motions, memoranda, pleadings, and briefs in various court systems and accompany lawyers to see clients and go to court. Here are five great things about being a paralegal: 1. Rise in Pay Paralegal compensation has risen steadily in the past decade. As paralegals perform a broader and more complex range of tasks (paralegals even represent clients in court in certain countries and administrative tribunals), their earnings continue to rise. The average paralegal salary hovers at around $50,000 per year, but paralegals often make more through bonuses. Overtime hours can also add significant cash to a paralegal's paycheck.
2. Explosive Employment Outlook The paralegal field is one of the fastestgrowing professions on the globe. The U.S. Department of Labor, Bureau of Labor Statistics, predicts the employment of paralegals and legal assistants by over 25 percent, much faster than the average for all occupations. Among the factors driving this growth is client demand for cheaper, more efficient delivery of legal services. Since hourly rates charged by attorneys are typically double or triple the rates of paralegals for the same task, law firm economics mandates the increased use of paralegals to minimize costs. As a result, a paralegal career is one of the hottest non-lawyer jobs in the legal industry.
3. Easy Career Entry Unlike lawyers who must complete seven years of formal education and pass the bar exam to practice law, you can become a paralegal in as little as a few months of study. 4. Intellectual Challenge Paralegal work is intellectually challenging and involves a range of high-level skills. The most successful paralegals are problem-solvers and innovative thinkers. Paralegals must become subject matter experts in their specialty areas and master legal procedure, research, drafting, and other skills. They must stay on top of ever-changing laws and new legal trends and developments while interfacing with
5. Rising Prestige As paralegals perform more complex and challenging work, paralegal prestige is rising. Paralegals are no longer simply lawyer's assistants; they assume corporate management roles, leadership roles in law firms, and entrepreneurial roles in independent paralegal businesses. Over the years, paralegals have transcended the image of glorified legal secretaries to become respected legal team members. Ready to Take the Leap? A career as a paralegal can be rewarding professionally and personally and offers a unique opportunity to help others; options vary, depending on the paralegal's practice area. Paralegals in the public interest sector help poor and disadvantaged segments of the population with legal issues ranging from protection from domestic abuse to assistance preparing wills. Ready to take the leap, the next step? Call us at 718-722-9217 or visit www.freeparalegal.org to complete your registration which includes payment.l
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SPONSORED INSERT: Estate Planning
Law Firm of Figeroux & Associates
Estate Planning Guide: What You Need to Know
INSIDE: •The
Importance of Estate Planning •What
Happens If You Die Without a Will? •Bringing
a Medical Malpractice Lawsuit Based on Misdiagnosis •Estate
Planning, Wills and Trusts for Families with Special Needs Children •Do
I Need a Living Trust? •Nursing
Home Neglect and Abuse Are Very Real
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SPONSORED INSERT: Estate Planning
The Importance of Estate Planning BY JANET HOWARD
N
o one likes thinking about death, but sooner or later, we all need to make plans for the inevitable. Some people assume that their possessions will automatically transfer to their spouse or other family members if they die. Unfortunately, this is not always the case. Estate planning offers some control over what happens to your assets in the event of your death, enabling you to ensure the right assets go to the right people. What is Estate Planning? Estate planning encompasses a range of measures that individuals can take to ensure their assets are distributed appropriately in the event of their death or incapacitation. Writing a will that specifies who gets what after someone dies is an example of estate planning. However, while most people are familiar with the concept of leaving a will, estate planning can involve a wide range of other activities. Most estate planning is conducted with the advice and supervision of an attorney. There are also estate planning advisers who aren't lawyers but can advise clients on the financial
side of estate planning. Examples of common estate planning practices include: •Deciding how assets should be preserved, managed, and distributed after the owner's death or incapacitation and which assets should go where. •Writing a will. •Setting up trusts to hold or manage assets on behalf of beneficiaries. •Making charitable donations and taking other measures to limit the estate's tax liability. •Naming beneficiaries and executors. •Making funeral arrangements.
Why do you need a Lawyer to Assist with Estate Planning? Technically, you don't have to have a lawyer to assist you with estate planning. However, unless you happen to have the qualifications yourself, working with a lawyer is strongly recommended. Estate planning can be simple or complex, depending on the estate in question, but it is always a serious undertaking. If there are any problems with estate plans, they often won't become apparent until they are executed after the estate owner's death. While many of the strategies and instruments available for estate planning are the same across the US, each
state has its own rules regarding who can and can't serve as a personal representative. In cases where the beneficiaries of an estate reside or the nominated personal representative of the deceased are in different states, things can become more complicated. To ensure that everything proceeds smoothly, you should hire an experienced lawyer with estate planning experience. Estate planning lawyers will know the relevant state laws inside and out. Working with an attorney to formulate a plan for your assets after your death will give you and your beneficiaries peace of mind that everything is in place and your plans are indisputable. They will work with you to ensure all the necessary documentation is available, utilize the most suitable financial instruments to achieve your objectives, and ensure the wording and procedures you use will stand up in court. But perhaps the most compelling reason to make your plans under the supervision of a lawyer is that you will minimize unnecessary expenditures. If there are any issues with your estate plan or the documents you submit, your beneficiaries could end up drowning in legal fees. continued on page 3
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SPONSORED INSERT: Estate Planning Importance of Estate Planning/ continued from page 2 out a will in place, your assets will most likely be distributed according to local state laws or left in the hands of a judge. As well as indicating how you want to distribute your assets, a will can also specify your wishes regarding the care of minor children and other similar issues. It is a common misconception that only those with significant assets need to bother with a will. Even if you have minimal assets to distribute after your death, there are many reasons why leaving a will is a good idea. For example, you can ensure that any assets you leave behind are distributed to the right people and, just as importantly, kept out of the hands of those you don't wish to pass them on to. Wills are also crucial for settling issues regarding childcare. Wills are a core component of any estate planning strategy, but not all wills are created equal. Some types of will, such as oral wills expressed in front of witnesses, aren't widely recognized by US courts. The most effective kind of will is called a testamentary will. Testamentary wills are the type that most people are familiar with; the testator puts their wishes in writing, and witnesses sign the document. If you produce a testamentary
will under the supervision of an attorney, it will be very difficult for anyone to challenge it in court after you die successfully. Wills are commonly used alongside trusts to distribute assets to beneficiaries. By utilizing both mechanisms, you can set conditions for the distribution of your assets while minimizing your beneficiaries' tax liabilities. Each trust usually only holds specific assets, such as a piece of property. They are frequently used to hold or manage assets on behalf of underage beneficiaries. Once the recipient is able to manage the assets themselves, they can take possession of the trust and the associated assets.
icance when a child with special needs is involved. Estate planning isn't just about dividing financial assets; it's also an opportunity for parents to ensure their children receive the appropriate type of care when they're gone. If the child is likely to receive government benefits, their parents can establish a "special needs trust" for them as part of their estate planning. These trusts need to be drafted carefully to ensure they don't affect the child's eligibility for government benefits. The idea is that while the government benefits cover the recipient's basic needs, the trust provides funds for other trips and activities.
How Estate Planning Can Provide for Those with Special Needs Estate planning is always important, but it takes on an even greater signif-
What Happens When Someone Dies Without a Will or Estate Planning? If someone dies without a will, they are said to have died "intestate." This
can create numerous problems for the deceased's heirs. Without a will to specify how an estate should be divided, the estate goes into probate. Probate is a legal process in which a probate court determines who inherits what according to state law. The probate process can take anywhere from a few months to a few years to resolve, depending on the complexity of the estate. In most cases, intestate succession laws are used to determine who inherits an estate in probate. These laws differ from state to state, but most states will split the estate between the deceased's spouse and children if there are any. If the deceased is single and has no children, the state will determine which relatives should inherit their assets. In most states, only certain people can inherit assets under intestate laws. These are usually limited to spouses and registered domestic partners and blood relatives. Estate planning is vital for anyone who wants some degree of control over the distribution of their assets after they die. Dying intestate can create significant stress and tension among surviving heirs and spouses. You should always work with an estate planning lawyer to ensure that estate planning is thorough and robust.p
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SPONSORED INSERT: Estate Planning
What Happens If You Die Without a Will? final wishes, which may include instructions for your desired funeral arrangements and interment, the distribution of personal items of great sentimental but minimal monetary value, or your choice of a guardian for your young children. Without a doubt, dying without a will robs you of your right to have a say in the settling of your affairs and creates unnecessary hardship for those closest to you, as they are left to deal with the legal technicalities on their own.
BY MARY CAMPBELL
Y
ou know you should make a will, but you never seem to be able to drum up much enthusiasm for the idea. It seems like a big, complicated pain-in-the-butt undertaking and you’re not planning on dying anytime soon anyway. You know that lawyers cost a fortune, and who knows if you really can legally use one of those online will kits? Differing opinions abound. So, you wonder, what does happen if you don’t make a will? Can the government really take all your possessions that the bank doesn’t already own most of? The short answer is probably not. Unless you are truly completely alone in the world with no blood ties whatsoever, there is likely a relative somewhere that is eligible to inherit, if they can be found. In fact, British television has aired a program called Heir Hunters, which is described as “a series following the work of heir hunters, probate detectives looking for distant relatives of people who have died without making a will”. In the U.S., private investigation firms will attempt to find a potential heir, but someone presumably must hire them before they will begin to look. Of course, if the estate is
large, anyone may undertake to find lost relatives in hopes of receiving a commission for the information from a grateful heir. In the end though, it is possible that if an heir cannot be found after a reasonable length of time has passed, then yes, eventually your estate will escheat (pass) to the appropriate governing body. However, for an average individual with no shortage of relatives in line to legally inherit your worldly goods, the application of the relevant inheritance laws certainly doesn’t mean that your estate will be distributed in a manner that you would approve of. Intestacy (the legal term for dying without a will) laws vary widely, depending on where you live. Your spouse, for instance,
may find that the laws of your state are not altogether favourable to him or her when you have children involved, perhaps from a previous marriage. Common law and same sex partners may or may not be recognized as eligible to inherit. A close relative you cannot stand the sight of may be first in line if you have no spouse or children. Read our informative website at www.willsandestates.nyc Finally, it is important to note that in addition to the disposition of your estate, regardless of the value, your will also functions as the vehicle through which you will make your final wishes known. You will appoint a trusted executor/executrix to a position of authority to administer your
Changes in Tax Laws It can be hard to stay up-to-date on constantly changing tax laws, but it’s necessary to keep your final document in good legal standing. Especially if your will takes actions to address estate tax issues, it’s a good idea to receive periodic reviews by an attorney. Ask for Advice A will is your ironclad way to disperse your assets to loved ones as you wish. Don’t be afraid to ask your legal expert for advice on other moments that may benefit your last will and testament. Remember, this document is incredibly important to keep accurate as it articulates your vision and solidifies your legacy.p
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SPONSORED INSERT: Estate Planning
Bringing a Medical Malpractice Lawsuit Based on Misdiagnosis BY LINDA NWOKE
M
edical malpractice is the third leading cause of death in the United States. According to a study carried out by Johns Hopkins University, over 250,000 people die yearly from medical errors and negligence. Additionally, the American Medical Association, every one in three clinicians gets sued at least once throughout their career. Over 90% of physicians face at least one lawsuit before 65 years, especially those specializing in surgery. Healthcare lawsuits can emanate from a clinician's failure to treat, cause childbirth injuries, errors in prescription drugs, delayed diagnosis or misdiagnosis, or surgical errors, to mention a few. The Impact of Misdiagnosis Many medical malpractice lawsuits often come from misdiagnosing, delayed diagnosis, or non-treatment of a medical condition, illness leading to dire results or injury. Consequently, a patient's condition can significantly depreciate and even lead to death. An example of such a case happened to Frank. He first noticed a swelling at his elbow twenty months ago and reported the concern to his primary physician. However, the swelling was not accurately diagnosed until it became too late and had become malignant, leading to his death in less than a year. Experts report that over 13 million people are misdiagnosed yearly with cancer. Researchers from The John Hopkins Hospital report misdiagnosis of at least one out of 70 cancer-tested samples tested. According to the Institute of Medicine, over 96,000 patients die yearly due to medical mistakes. These costly errors cost peace of mind and finances. Take Brooklyn resident *Ms Brown, ( full name not given for privacy) who reportedly learned about her throat cancer diagnosis last minute. Brown, who was 38 at the time, says that she was just a few hours away from having a scheduled throat operation when a second biopsy revealed the diagnostic error. Despite having undergone sleepless nights and untold psychological distress, she was too relieved with the news. Interestingly, a mistake in diagnosis is considered insufficient for a medical malpractice lawsuit. Medical Malpractice Lawsuits in New York Between 2009 and 2018, New York recorded over 16,000 medical malpractice reports, one of the most extensive amounts in the country, according to the National Practitioner
Data Bank (NPDB), followed by California and Florida. According to the same source, the empire state also had the highest (over $7 billion) total medical malpractice payments compared to other states. So, what are the factors to be considered in proving negligence in a medical malpractice case? There are three main factors to be considered in judging if a medical doctor can be held liable for misdiagnosis. As earlier mentioned, the law does not hold doctors legally responsible for all diagnostic errors. Instead, patients must prove three things in a medical malpractice lawsuit based on a wrong diagnosis: •A breach in existing care-relationship: fundamentally, every medical doctor has a duty of care towards their patient, exhibited in the doctorpatient relationship. Thus, a complainant or the plaintiff will have to prove a breach of duty (that the doctor (defendant) failed to abide by the expected duty of care. The doctor was negligent, thereby not providing treatment reasonably skillful and competent. •Secondly, they need to prove that the breach in duty caused or led to medical harm or damages to the patient. •And finally, the damages have/led to financial, psychological, and physical consequences, meaning that the doctor's negligence resulted caused actual injury to the patient. Addressing the Doctor's Negligence The plaintiff or patient must establish that the doctor's competence is questionable. At one time or another, any skillful doctor would commit diagnostic errors irrespective of their years of practice. This can result from various factors that make a misdiagnosis or delayed inadequate diagnosis evidence of negligence, which shifts the focus to the issue of 'competence.' For a negligence case, there is a need to evaluate the process followed by the doctor to reach a diagnosis. The systemic identification method is called the "differential diagnosis"
method. Doctors use it to identify a condition and decide on the treatment option for the patient. The method involves testing out the various probable diagnosis and then eliminating them based on test results. The doctor might start with an initial diagnosis. Then, he can proceed by requesting another round of tests to reach a final working diagnosis. Thus, a diagnosis is achieved based on a combination of detailed questions about symptoms, medical history, and tests results or, in some cases, referrals to specialists. However, in a medical malpractice case based on diagnostic error, the patient will have to prove the following: •Demonstrate that the doctor did not include the correct diagnosis on the differential diagnosis list. •Secondly, if another competent and equally skillful doctor had handled the case, the latter would have identified the correct diagnosis. In this scenario, the doctor made the correct diagnosis using the differential diagnosis list from the onset. •However, the doctor failed to gather the necessary evidence by performing appropriate tests or seeking a second opinion from experts to investigate the new diagnosis. Sometimes a doctor's failure to accurately diagnose a condition can rely on inaccurate results from laboratory tests. An inaccurate diagnosis can be a result of faulty equipment or human error. For instance, a technician might use the wrong procedure, carry out the test inappropriately, or record incorrect samples. Samples can also become mixed up, contaminated, or a pathology slide can be wrongfully read. All of these scenarios can compromise the result. Although, the doctor in such instances might not be held liable for such an error However, the patient must prove that the error was due to negligence. Need to Proof that The Misdiagnosis Caused Harm to the Patient Another element considered is a
patient's proof that the doctor's misdiagnosis or delayed diagnosis from negligence resulted in the harm, injury, or the progression of the condition beyond where it would have been. In a situation where the diagnosis was accurate and done in a timely. They also need to prove that the condition's progression hurt treatment or general outcome. For example, because of a delayed ulcer diagnosis, the patient had to undergo surgery to cut off a perforation that was avoidable. Occasionally, when a doctor mistakenly diagnoses a patient with an illness or condition that the patient does not have, the patient may be able to prove harm in the form of psychological trauma, pain, suffering, and wasted resources to treat a non-existing illness. Next Steps in Filing a Medical Malpractice Lawsuit The following summarizes some of the steps to implement in a medical malpractice case. 1.Raise your concern with the medical professional involved To start a case, you must contact the doctor before filing a claim. Endeavor to understand what may have gone wrong and aim for a settlement which can be in the form of a correction or providing a solution. 2. Contact the appropriate medical licensing board This takes the issue a step further if the initial approach fails. Find out the governing board for the doctor's or medical professional's practice. They can provide vital guidance on what to do. 3. Contact an attorney and discuss the merit of your claim. Experience matters. Call the Law Offices of Gigeroux & Associates at 855-768-8845 or visit www.askthelawyer.us to schedule a consultation. 4. Find out what the law says Confirm the statute of limitation on your civil claim in your home state, research the state law on medical malpractice claims. 5. File a certificate of merit This requires the opinion of another expert to validate your concerns . 6. Consider settling out of court This saves time and money as most civil claims, including a medical malpractice lawsuit, requires many resources. p
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SPONSORED INSERT: Estate Planning
Estate Planning, Wills and Trusts for Families with Special Needs Children BY JANET HOWARD
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e all want to live long, healthy lives filled with happiness. No one wants to think about contingencies for if the worst might happen. However, if something unfortunate happens, you want to make sure your loved ones will have the right care and financial resources. This is even more essential for those families who have children with special needs. Thinking about estate planning, wills and trusts can cause stress. The complexities of retirement plans, taxes, life insurances and medical care can overwhelm anyone. But it's best to face the hardship of getting your affairs in order now, especially while you are healthy and thinking clearly. You don't want to leave these crucial decisions to a friend, loved one, or judge-appointed representative. No one knows better than you how to care for your child. Make sure that they always receive the best support by setting up the proper plan now.
Estate planning, wills and trusts can bring about a lot of unknowns and complexities. In this article, we will break down the essential steps you need to take to create an effective plan for the proper care of your child. Set Small and Manageable Goals Putting everything in order for when you're gone can feel overwhelming. It's hard to know where to start or how to reach out for help. Most parents already feel run down by the hustle and bustle of modern life. When you're a parent of a child with special needs, you also devote a lot of time to caregiving.
Where do you find the time to tackle a project like this? By taking it one small step at a time with manageable goals. It will amaze you how much you can get done using this strategy. Soon, you won't feel intimidated by things like retirement plans, life insurance policies, complexities of tax laws, and special-needs trusts. Planning for something like this is an enormous task, so ask for help when you need it. Recruit Help from the Right Experts Start by finding the right legal counsel for sound advice. Lawyers who specialize in special-needs trusts can help you understand the ins and outs of these unique situations. They can also offer expert help in drafting all the right documents. Another must-have team member is the right financial advisor. Seek an advisor who has specific training in helping families of children with special needs. You'll want to look for the chartered special-needs consultant (CHSNC) designation. To find a financial advisor with this type of training, try searching on The American College of Financial Services. If you set up a special-needs trust, you will need to designate someone as the trustee. This is the person who has total control over the trust. It is essential you designate someone you know can fill this vital role. If you are not sure whom to designate as the trustee, consult with your lawyer and financial planner for advice. Get Organized and Stay Up-to-Date When tackling something like estate planning, wills, and trusts, you will need to gather a lot of essential information on yourself and your child/children. The following list provides some helpful starting points but is not allinclusive: •Personal Information (birthdates, Social Security numbers, birth certificates) •Emergency Contacts (names and phone numbers) •Medical Providers (names and contact info.) •Medical History (including medications and allergies)
•Medical Insurance (policy numbers) •Financial Information (retirement plans, life insurance, other sources of income) •Attorneys (names and contact info.) •Financial Advisor (name and contact info.) •Banking Information (account numbers, safe deposit box keys) •Accounts and Passwords (for all the above) Your attorney and financial advisor will help you round out the rest of the essentials. Once you have everything organized, you need to decide where to store it. Do you want to use a traditional filing cabinet or go digital? Other options are a personal safe or a safe deposit box in a bank. Whichever you choose, make sure your designated trustee has the keys and passwords to access this vital information. Update this information as needed. You may change your mind about certain details a few years from now or change passwords to certain accounts. Make sure your appointed trustee always has the most up to date information. By getting everything organized and stored in one location, you will save your trustee, friends, or family members weeks or months of headaches in tracking this information down. Essentials You Need to Know About a Special-Needs Trust One of the most important things to know about a special-needs trust is that it will allow your child to remain eligible for public assistance like Supplement Security Income (SSI) and other programs. If you leave your assets directly to your child instead of in a special-needs trust, those assets can disqualify your child from public assistance programs. The same goes for grandparents or other family members. If they plan to leave any assets to your child after they pass, make sure they have those assets go to the special-needs trust, not directly to your child. The reason for this is that a specialneeds trust is treated as separate from the disabled individual. When you set up a special-needs trust as part of your estate plan, you want all assets to be held within that trust. Another critical component to understand about a special-needs trust is IRA retirement plans. You cannot directly assign the payout of your IRA to go into a special-needs trust. You can, however, name the special-needs trust as the beneficiary of that IRA. The same can go for life continued on page 7
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March 2022
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SPONSORED INSERT: Estate Planning
Do I Need a Living Trust?
Special Needs Children/ continued from page 6
BY CHRIS TOBIAS
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veryone has heard of wills. However, how many know about living trusts. So what exactly is a living trust you may ask. Put simply, it is a written legal document that partially replaces a will. Will you need one though? That’s the question many people find hard to answer. Unless you have assets or children, living trusts are probably not the best option. However, if you have significant assets, living trusts allow you to remain in control of your assets and manage them according to your wishes. You an also name a secondary trustee should you not be able to manage them yourself. Anyone with simple estates, or that wishes to have court supervision over their assets and accounts should not consider a living trust either. One major advantage of living trusts is the absence of court interference. With wills, court supervision and approval is required. Being able to control one’s own assets is appealing. Face it no one likes dealing with court officials especially after a death. There are no arguments as to who has control of your assets or your will. You
will normally be the trustee of your own living trust with a secondary trustee named in the event your become incapacitated. Should you die, your name successor will manage the trust according to your wishes. No lawyers will be involved which save every one left behind time and money. It is important to discuss the planning of a living trust with a lawyer to better understand how it works. If you name the wrong person as the trustee, you may be taken advantage of. A lawyer can provide guidance so you make the right choices. Remember, no court or judge to come to your defense with a living trust. You should still have a will with a living trust. This is especially important when children are involved. A will can serve to name their legal
guardian. Also, your will contains any assets not listed in your living trust. It is always best to have all your bases covered. Some benefits to living trusts include protecting property for beneficiaries, reducing or eliminating taxes, managing property while incapacitated, avoiding probate, avoiding a will contest, and privacy. When looking at all the benefits and the ease of setting up a living trust, the biggest question is why shouldn’t you have a living trust? Always consult a lawyer or other similar professional before setting up a will or living trust. They can answer any questions you have and clear up any confusion. It is always best to have all the facts before creating a will or living trust. When everything is set up correctly, that is one less thing to worry about later on.p
insurance policies. By doing this, withdrawals from your IRA retirement plan will go into the special-needs trust over your child's life expectancy. There are other considerations like the tax advantages of Roth IRAs, but it is best to go over these details with your financial advisor. Final Thoughts Setting up an estate plan for your child with special needs can seem like an insurmountable task. However, by following these steps, you can put the right plan in place for the benefit of your child. You can rest easier knowing they will have the care they need after you're gone.p
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March 2022
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SPONSORED INSERT: Estate Planning
Nursing Home Neglect and Abuse Are Very Real BY MARY CAMPBELL
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he United States Census Bureau estimates that within three decades those persons age sixty-five or older will make up 20% of the population, i.e., an estimated 60 million persons. As the "baby boomer" population ages, more people will reside in nursing homes. So the problem of nursing home injuries and abuse, unfortunately will likely see a corresponding surge, and it will become more and more important to recognize and report any incident where a nursing home resident has been harmed. What Is Nursing Home Abuse and Neglect? While nursing home neglect is similar to abuse in the nursing home, there are key differences among the two. Nursing home abuse implies that the caregiver intends to harm the elderly person, while nursing home neglect is a form of substandard care, or a breach of duty, that causes harm to the patient. An Increasing Problem A study conducted and documented a few years ago by the National Center on Elder Abuse (NCEA), researchers revealed that 44% of the nursing home residents surveyed stated they had been abused or maltreated in the previous twelve (12) months. That same survey found that 95% of those surveyed had either witnessed instances of neglect or had suffered neglect during that same time period. Unfortunately, similar studies documented by the NCEA estimate that only one out of every 24 instances of nursing home abuse is reported. What Are the Warning Signs? The Administration on Aging states that depending on the nature of the abuse or neglect, there are a number of warning signs that may indicate that abuse or neglect is occurring. These may include: Physical or Sexual Abuse •inadequately explained fractures, bruises, welts, cuts, sores, or burns •unexplained sexually transmitted diseases
Financial Exploitation •lack of affordable amenities and comforts in an elder’s home •giving uncharacteristically excessive gifts or financial reimbursement for needed care and companionship •a caregiver has control of an elder’s money but fails to provide for the elder’s needs •an older adult has signed property transfers (power of attorney or will, for example) but is unable to comprehend what the transaction means Emotional Abuse •unexplained or uncharacteristic changes in behavior, such as withdrawal from normal activities, or unexplained changes in alertness •caregiver isolates the elder (doesn’t let anyone in the home or doesn't let visitors speak to the elder) •caregiver is verbally aggressive or demeaning, controlling, or uncaring Neglect •lack of basic hygiene or appropriate clothing •lack of nutritional food •lack of medical aids (e.g., glasses, walker, dentures, hearing aid, or medications) •person with dementia left unsupervised •person confined in bed is left without care •home is cluttered, dirty, or in disrepair •home lacks adequate facilities (stove, refrigerator, heating and cooling, plumbing, or electricity) •untreated bed sores or pressure ulcers
A Worker’s Experience Workers’ World Today spoke with Arlene (name has been changed for privacy) about her experience as a home health aide and nursing home caretaker. She had this to say, ”Homecare is a pleasure; taking care of someone is a great incentive for me. My last case with an elderly Jewish lady, a doctor comes to her home. He has no recollection of her mental health and just provides medication to her, day on, day on. A sore broke out on her while I wasn’t there; the other two home attendants did not attend to it. ...The other Sunday, when I got there; I reported the case immediately. My nurse was so surprised that the two other home health aides did not make a call. And I let her know that these are the people that we are hiring who only want money and do not care about the lives they are supposed to take care of....And lives have been deteriorating under the hands of person who are supposed to care for them. I have been doing this job from since 2000. I've been doing this for a while and I have seen the changes and this is about making money; it’s a hustle, it’s about making a quick dollar. I would like to see a change. It is a suicide you are creating ... you’re killing that person's life instead of making that life enjoyable, until they're ready for the Lord to take their life.
son, Benny Gomez, says his mom was assaulted and posted a picture of his bruised and injured mother on social media, which has been shared nearly 9,000 times. “What does she mean to me? Everything," Gomez said. He added, “She has double fractures in her face," he said. "Her nose is broken. She has stitches." Eyewitness News met the heartbroken, shaken and angry son with his attorneys, days after his mother was rushed to the hospital from the Westfield Center Nursing Care facility in Westfield. State officials and police are trying to figure out how an 86-year-old nursing home patient in New Jersey ended up with severe injuries to her face.The Department of Health and Westfield police are investigating, so no charges have been filed. Gomez's mother has not been returned to the facility.
In the News According to an article on www.abc7ny.com on September 26, by Toni Yates, an 86-year-old woman was assaulted at a nursing home as reported by her son. The patient's
Legal Help If a family member or someone you know, has suffered abuse or neglect, help is available. Call the Law Office of Figeroux & Associates at 855-7688845 for a consultation.p
Researching Nursing Homes While there’s no way to know about abuse that goes unreported, one can look up the name of a nursing home in federal inspection data and see whether it has been cited for sexual abuse or other issues in the past three years. This can be done at www.medicare.gov/nursinghomecompare/search.html
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Statement From Morgan Heritage on the Passing of the Honorable Bishop Ras Denroy Morgan
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New York, NY March 7th, 2022. Honorable Bishop Ras Denroy Morgan, affectionately known to the world as a musical prodigy, a pioneer and a musical perfectionist who paved the way for Reggae on the international stage has passed away. Born in May Pen Clarendon on May 15th, 1945, Denroy Morgan was a trailblazing musician who migrated to America in 1965. Several years later, he had his spiritual calling to Rastafari and his home on Cornelia St in Brooklyn, NY became a hub for members of the Twelve Tribes of Israel Rastafarian organization. As the years went by Denroy caught the musical bug and released his first Billboard hit “I’ll Do Anything For You” in 1981. This album performed well, and he went on to become the first Jamaican recording artist to be signed to a major record label, RCA in 1984 and later made his acting debut in The Cosby Show. Ordained as a Bishop, Denroy Morgan started the Abrahamic Covenant Family Ministry. Under this ministry, he created the petition for the United Nations to make November 2nd, the Coronation Day of H.I.M. Haile Selassie I, an international holiday. His respect in the Rastafarian community would lead to Denroy Morgan later championing a campaign to unify the Rastafarian communities all over the world, called the All-Mansion campaign. Another example of his spirit of humanitarianism and freedom. He was a stern advocate for the legalization of cannabis, and it was one of his greatest joys when it became decriminalized in Jamaica and even legal in some places around the world. In 1992 Denroy Morgan brought his children Morgan Heritage and L.M.S. to Jamaica to perform at Reggae Sunsplash and they later signed to MCA Records. His vision was always clear knowing the gift his children would be to the world and they went on to win three GRAMMYs. Following the receipt of his children’s first two GRAMMY wins, Denroy Morgan received the key to the city of his second home, Brooklyn, by current Mayor of New York, Eric Adams
who was the Borough President at the time. Denroy Morgan’s love for music remained strong and days before passing away he released a single “Slavery Offences”. This single is off a project he held dear to his heart, which he worked on for over five years and is set to release Friday, April 22nd, 2022 entitled Divine Destiny – Denroy Morgan & The Black Eagles. As he ascended to Zion, Ras Denroy Morgan was surrounded by his wife, children, and grandchildren. Survived by his loving wife Hyacinth Morgan, 30 children, 105 grandchildren and 21 great grandchildren, Denroy Morgan’s legacy will live on forever. Revered by many Prime Minister of Jamaica, Andrew Holness stated “The mastery he displayed in relation to the aptitude of his children for music, gave birth to the multi Grammywinning roots and culture band, Morgan Heritage. He has undoubtedly left an indelible mark on the world through his musical talent and genius. I therefore pay tribute to a veteran connoisseur of music. May his soul rest in peace and may light perpetually shine on him”. “Although he is no longer with us in this realm, his soul will continue to guide and inspire us. He will live on in us, his grandchildren, and his great grandchildren. His legacy will live on forever. We would like to extend our deepest appreciation to every single one of you for the outpouring of love from around the world. We thank you for your continued prayers, and just know that all the love you’ve shown him over the years, he loved you back and we thank you” Morgan Heritage statement concludes.l
Editorial credit: Morgan Heritage
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FAMILY MATTERS
22
Surprise – Your Kids May be Nervous about Ditching the Mask
Help children anticipate that maskwearing has to be adapted to the person and the situation. There will still be many places where kids will be required to wear masks, like doctors’ and dentists’ offices. But masks will likely be optional in other settings such as schools, libraries, sports centers and other social venues. The key is to explain to children beforehand that different situations will have different rules. Knowing what to expect can reduce stress.
BY ELIZABETH ENGLANDER & KATHARINE COVINO-POUTASSE THE CONVERSATION
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he Centers for Disease Control and Prevention issued new COVID-19 guidelines on Feb. 25, 2022, to help inform people’s individual decisions about wearing masks. The new guidance recommends masks be worn indoors only in areas of high community risk and allows approximately 70% of people in the U.S. – including some 19 million children – to ditch their masks. Most, but not all, experts agree that these changes are appropriate at this point in the pandemic. Many people, weary of the pandemic and its restrictions, gratefully welcome this step, but relief isn’t universal. In particular, children may worry about yet another change in the “rules.” After all, U.S. children have been consistently schooled on the importance of maskwearing, and younger children may even have trouble recalling a mask-free world. So how can adults help children develop coping skills to handle new rules as we navigate changes around mask-wearing guidelines?
We’ve spent the pandemic developing social and emotional resources to help children cope with pandemic-related increases in anxiety and digital technology use. We are both university professors; one, a researcher in children’s development and social relationships; the other, an expert in communicating with children through literature. Combined, our research can help develop more flexible social guidelines for kids and their mask-wearing. Moving forward largely mask-free One consistent finding from studies in
Brazil, Europe, China and the U.S. is that the pandemic and its frequent changes in school and public health rules have resulted in significant increases in anxiety among children. Thus it’s helpful for grown-ups to develop consistent messages for kids that will introduce predictability and stability and reduce everyone’s anxieties – but especially children’s – as we navigate changing mask mandates. Here are nine research-based tips for establishing and negotiating new social rules that can help you and your children reduce stress and anxiety.
Anticipate times when you may feel uncomfortable. Decisions about maskwearing are personal, so it makes sense that different situations may feel uncomfortable for different people. Imagine you’re sitting at your child’s sporting event and there are a number of unmasked parents who are seated very close together and cheering for the kids. Or, think about how you would feel if your child got an invitation stating that masks are forbidden. Or, imagine that you’re required to wear masks when visiting grandparents, but feel uncomfortable doing so. While these scenarios are different, the key to each is to anticipate continued on page 23
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FAMILY MATTERS
23
Kids May be Nervous/
If you are hosting an event, be upfront and communicative about what you are expecting. Let people know in advance what your rules are about maskwearing: Is it optional or required? When possible, give people who are uncomfortable with your expectations different options. For instance, you may require masks at your child’s birthday party, but if a parent is uncomfortable with that decision, perhaps their child could come just for the outdoor portion of the party, or even attend virtually.
continued from page 22 problems by asking ahead and search for solutions such as physically distancing yourself, masking up for a short time or politely excusing yourself from the event or situation. Be prepared to encounter unresolvable differences of opinion. In these situations, explain to your child that sometimes others have the right to make these decisions. Hosts get to decide what happens in their home; business owners get to decide about rules in their store. There are often options: You can attend and respect the host’s wishes, you can try to find a compromise or you can simply not attend. Teaching your child that the rules don’t apply to them is usually not a good parenting strategy, as it can lead to defiant or even dangerous behavior. Emphasize that circumstances change but the principles remain the same. To help children feel less anxious about changing guidelines, emphasize that we all need to observe the same consistent rules: (1) do what’s safe for you and others, (2) think ahead about different situations, and when unclear, (3) ask for guidance. Even if the rules about mask-wearing change again, the process of following these three key steps can remain a stable constant in the lives of children.
Be respectful, kind and caring about others’ decisions regarding their comfort and safety. As mask mandates and guidelines change, opinions about mask use will continue to be a sensitive issue. While many can’t wait for masks to be a thing of the past, there are others who are filled with worry. Remind your children that mask decisions can be personal and context-driven. Try to avoid language that is judgmental or demeaning. Teach your kids that bullying a child at school for wearing a mask can be just as bad as bullying one who uses a wheelchair. Address your child’s questions before different situations and events. For example, kids may be confused or even upset by going to a play date where masks are required if they went to a maskless one just the previous week. In
these seemingly contradictory situations, you may need to discuss with children how it’s polite and caring to respect a mask request, even if, as a family, you disagree. Explain that there may be extenuating circumstances that aren’t obvious. Give a clear example they can understand, like a family member who is much more vulnerable to the virus. Monitor your children’s anxieties. It’s not so much masks or no masks that cause stress; it’s the cascade of changes that takes a toll. Take time to check in with your children about their feelings. Children can experience stress differently than adults. Things to look for include changes in their sleeping and eating patterns. Talk to them about how they’re feeling about school and friends as they relate to mask-wearing.
Check in with the other adults. Is there a reason your family has decided to continue wearing masks, such as having a member of the household who is immunocompromised? Consider sharing your family’s decision, and perhaps your rationale, with your child’s teacher. Did your child receive an invitation with no mask guidance? Ask the parents what they’re anticipating or expecting guests to do. Open communication and checking in can help keep messaging to children more consistent and can lower the chance of a surprising or stressful situation later on. Emphasizing and modeling empathy and respect for others’ decisions in this pandemic can go a long way toward establishing the kind of normalcy and consistency that helps kids feel less anxious.l
Be a
Vaccine Hero. Get Vaccinated! Vaccinated! Heroes are protectors. Vaccination is the best way to protect against COVID-19 and save lives.
For more information on COVID-19 vaccine, visit nyc.gov/covidvaccine or call 212-COVID19.
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24
LOVE & RELATIONSHIPS
I Said Yes!... Now What? BY MARY CAMPBELL
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ou're engaged! Perhaps the most exciting question ever has been asked, and you've said yes, but what do you do now? Planning a wedding may be the most exhausting, timeconsuming, and complicated task you have ever faced. As a bride-to-be, you will inevitably be overwhelmed, and everyone has their own opinion on what the event should look like. However, there are many ways to ease the stress and enjoy this exciting time of waiting! Step one: relax. It may seem obvious, but one of the worst mistakes brides tend to make is assuming they need to have the entire wedding planned in a matter of weeks. Take time to relish in the excitement of the engagement process. Productivity is important, but taking time to rest is an essential part of planning! Step two: make a list. Write down what you need to get done, prioritizing what needs to be completed first and what can wait. Some things you may want to put towards the top of your list are booking a venue, creating an invite list, and sending out save the dates (or invitations depending on your time frame). Remember that you can always work on your registry or decorations further down the road. First, you need to ensure that you have a place
Party Rentals for All Occasions
to get married! Step three: find people who can help you. While it is easy to want to do everything yourself, one of the best decisions you can make is to ask for help. This can be from bridesmaids, family, and friends who would love to be able to offer their support in practical ways. Also, don't forget the groom! Some grooms do not have a desire to be overly involved in the planning process; nonetheless, it never hurts to ask. Many will be happy to assist when needed to alleviate some of the pressure being put on you. Asking for help doesn't mean you are forfeiting all of the decision-making. What it does mean is that you are recognizing that there are others who can carry out decisions you have already made and maybe even offer suggestions on what you may be already considering.
Step four: remember this day is about you and the groom. It is rare that a bride is not hit with input from countless friends and family. While it is a good idea to take what they have to say into consideration, the most important opinion is yours and your future spouse. Your wedding will be full of memories; make them ones that you will want to remember! Overall, enjoy being engaged. There are endless decisions to be made, and you cannot make them all today. Take a deep breath, figure out your priorities, get help from the people you care about, and focus on what you and the groom are looking for in your dream wedding. Let go of the stress and don't forget what brought you to this point, love.l
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25
HEALTH
If You've Never Had COVID, Should You Relax or Worry? BY MARCIA FRELLICK WEBMD HEALTH NEWS
I
f you're among those people in the United States who never had COVID-19, how should you think about your risk? According to the CDC, more than half the people in the U.S. are in the nevergot-COVID-19 category. The CDC estimates that by the end of January, 43.4% in the U.S. had antibodies to the coronavirus triggered by infection, not by vaccination -- suggesting that nearly 60% of people have never been infected. Now mask mandates are lifting, and daily case and death numbers are plunging. According to the New York Timestracker, new cases are down 51% for the past 2 weeks, and deaths have fallen 30% in that period. So as those who have so far escaped the virus venture out into reopened environments, should they worry more or less about risk than people who were infected before them? Some experts weigh in with caution against feeling invincible. No ‘Suit of Armor’ William Schaffner, MD, an infectious
disease expert at Vanderbilt University School of Medicine in Nashville, says science has not been able to determine why some people have been able to be stay COVID-19-free when the virus was raging and exposure was widespread. He says it's important to remember that though some people think they have never had COVID-19, they may have had the disease without symptoms or blamed mild symptoms on something else. "People may have conceivably -- but we can't define them yet — different capacities to ward off viruses or bacteria," Schaffner says. Could it be that some people have a better immune system or some set of genes, or a particular environmental reason they are less likely to be affected by an infectious disease? "We can't define that in 2022 medicine,
but it could be," he says. More is known about why people get sicker than others with the same COVID19 exposure. "They're more likely to get seriously ill if they have a list of predisposing conditions — if they're older, if they're frail, if they have underlying illness or are obese. All of those things clearly impair the body's response to virus," Schaffner says. He warns those who have never been infected, though, not to assume they have "a suit of armor." All should continue to follow guidance on getting vaccinated, and those vaccinated should continue to get boosted, Schaffner says. "Clearly, the data show that if you are vaccinated and boosted, you're protected much more securely against severe disease," he says. If the “never-COVIDs” get a respirato-
ry infection, they should still get tested for COVID-19, Schaffner says. He says that while both vaccines and previous infection offer protection, how long that protection lasts is not yet known. "We have to stay tuned," Schaffner says. "There may be a recommendation in the future to get a booster annually or something like that. We need to be open to those down the road." Amesh Adalja, MD, a senior scholar at the Johns Hopkins Center for Health Security in Baltimore, says it's unclear why some people have been able to avoid COVID-19 There are probably many reasons for this, he says, and they involve how each person’s immune system reacts differently. That itself is probably based in differences in our genes. He agrees, also, that many of us were likely infected and never knew it. Still, he says, this isn't the time to get overconfident with risk-taking where COVID-19 is concerned. "People who have not knowingly been infected with COVID should be vaccinated, and after that, be assured that they are protected against serious disease continued on page 26
You may be eligible for COVID-19 Treatment People who have tested positive for COVID-19 may be able to receive outpatient treatment to help symptoms and avoid hospitalization. Treatment works best if you begin it soon after you start feeling symptoms, so get tested right away. Monoclonal antibody treatment is a one-time IV or injection to help fight COVID-19 while your immune system produces its own antibodies. Oral antiviral pills are taken for five days and helps stop the virus and keeps it from replicating, which reduces the amount of virus in your body. There are currently two authorized pills - paxlovid and molunpiravir. Both monoclonal antibody and oral antiviral treatments can reduce your risk of becoming sick from COVID-19 and avoid hospitalization. COVID-19 treatments are not a substitute for vaccination. COVID-19 vaccination and booster shots remain the best protection against getting severely sick due to COVID-19. If you have COVID-19 symptoms, or if you have tested positive, talk to your doctor, or call 212-COVID19 (212-268-4319).
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CONVERSATIONS
The Vast Majority of Americans Want Biden and Democrats to Keep Their Promises and Lean In On Immigration BY AMERICA’S VOICE
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ashington, DC: Regaining the support and energy of the Democratic base is a critical task for Democrats ahead of the midterm elections. As recent polling shows an uptick in President Biden’s overall approval, the State of the Union address and a series of TPS announcements last week offered glimmers of hope that the Biden Administration is starting to get out of its defensive crouch and lean in on immigration once again. Analysis from Amy Walter in the Cook Political Report, “Can Biden Improve His Grade With Democratic Voters?” highlights why that’s so essential. She finds that “lackluster support from Democrats” is a big reason for President Biden’s decline in approval ratings in recent months. Walter writes: “[E]ven though Trump’s gone, many of those who voted for Biden don’t believe that the political environment has gotten much better. They see a country that remains divided, polarized and angry. On
President Biden. Editorial credit: lev radin / Shutterstock.com
top of it all, one Democrat from the late January group put it, “the person I voted for isn’t doing the things he said he would do.” On immigration, the NILC Immigrant Justice Fund released polling last week that underscored that Democrats’ base voters are turned off by Biden’s failure to deliver promised immigration reforms. As NBC News recapped, “In the NILCcommissioned survey, Trump notched much higher marks with his base on how he handled immigration issues (86 percent positive) than Biden did with his (54 percent approval).”
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Thankfully, in the State of the Union address, President Biden did what we have been pleading with him to do: he leaned in (read our full take here). While we would have said it differently, President Biden spoke of practical ways to improve a broken system and stated strong support for immigrants, immigration and long-overdue policy solutions. In the process, he offered up a rough political template for Democratic candidates in tough races to discuss immigration in the midterms. But modeling effective messaging is no match for delivering reforms that change lives. It’s up to President Biden and Democrats to deliver on immigration breakthroughs, not just immigration remarks. While legislation is the preferred route to reform, President Biden should not wait. Last week the Biden administration issued welcome TPS announcements for Ukrainians, Sudanese and South Sudanese. They should keep the momentum going and build on those welcome TPS designations by delivering
similar protections to Cameroonians next, with other countries to follow. TPS and other executive actions are an important tool for delivering meaningful progress and advancing America’s interests and values. According to Vanessa Cardenas, Deputy Director of America’s Voice: President Biden and Democrats should keep their promises and lean in on immigration. At a minimum, this means enacting meaningful policy breakthroughs through the continued use of executive action, in particular through the designation of TPS to nationals from countries torn apart by war, violence and climate disasters. This also means leaning into the important contrasts between the parties on immigration. Republicans want to block undocumented immigrants from becoming American citizens. They want to spend billions more on the $15 billion border wall that can be cut through with a $15 dollar hand saw. Some are mainstreaming conspiracy theories such as the ‘great replacement theory.’ Democrats have a different vision of America and the essential role that immigrants play in our economy and society. Their stances are more popular with the American public than the GOP’s. But to make this distinction clear, they need to lean in politically and make progress on policy. If they do so, they can turn immigration into the winning issue it was in 2020.l
Never Had COVID, Should You Relax or Worry?/ continued from page 25 from this virus," he says. Genetic Protection? A new study in the journal Nature Genetics explains a potential genetic connection. Study authors found evidence that a particular enzyme called ACE2, which helps regulate blood pressure, wound healing, and inflammation, has also been shown to serve as an open door into cells for some coronaviruses like the one that causes COVID-19. Manuel A. Ferreira, PhD, executive director for analytic genetics at Regeneron Pharmaceuticals, says ACE2 receptors — what he calls the "gateways" for the coronavirus — are different in people who have inherited a particular genetic variant, known as an allele. The researchers have found that that this particular variant is linked to a lower risk of coronavirus infection. While the study showed a 40% reduction in infection risk for people with this genetic variant, the researchers could not tell if this can predict how sick a person would get from COVID-19.l
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