Elk & Elk Sponsors Kyrie Irving ProCamp

Elk & Elk sponsors annual Kyrie Irving ProCamp

On July 25 and 26, Elk & Elk sponsored the annual Kyrie Irving ProCamp at Mentor High School.

The sold-out event attracted nearly 600 boys and girls in grades 1 through 12. Participants were divided into Kyrie Irving ProCamp 2015smaller groups according to age to maximize their instruction time.

Top high school and college basketball coaches from around the area were recruited to lead the teams, and Irving interacted with campers during drills, games, contests and other activities. Those in attendance received an autograph, a limited edition t-shirt and a team photo with Irving.

On the second day of the camp, participants had the opportunity to hear from former coach and NBA analyst Mike Fratello, who coached at the professional level for teams including the Memphis Grizzlies, Atlanta Hawks and Cleveland Cavaliers.

Irving, All-Star point guard for the Cleveland Cavaliers, fractured his kneecap during Game 1 of the 2015 NBA Finals. He was recently cleared by doctors to resume putting pressure on the knee and working out, and will be focusing on his recovery in the coming months.

Visit our Facebook page to view more photos from the event.

About ProCamps:

ProCamps is an event management and sports marketing company based in Cincinnati, Ohio. ProCamps works with professional athletes and coaches from the NFL, NBA, MLB, NHL, MLS, PGA and various other leagues to coordinate youth sports camps, appearances and unique fans experiences. Visit the ProCamps website for more information.

AED Liability in Ohio

The Elk & Elk law firm is pleased to announce it has purchased an Automatic External Defibrillator (AED) for use in an emergency. This life-saving device is located on the first floor of our Mayfield Heights location, near the restrooms. Now employees, clients and visitors to the Elk & Elk building will have a better chance of surviving a cardiac arrest.

Cardiac Arrest

According to the Red Cross, sudden cardiac arrest is one of the leading causes of death in the United States. Over 350,000 people will suffer from sudden cardiac arrest this year. It can happen to anyone, anytime, anywhere and at any age. An AED is the only effective treatment for restoring a regular heart rhythm during sudden cardiac arrest and is an easy-to-operate tool for someone with no medical background.

Time is of the essence:

  • The average response time for first responders once 9-1-1 is called is 8-12 minutes.
  • For each minute defibrillation is delayed, the chance of survival is reduced approximately 10%.

Am I Liable?

People may worry they may be sued if something goes wrong while using an AED or performing CPR on an unconscious victim. Thanks to Ohio’s “Good Samaritan Laws,” people who voluntarily assist victims in distress are protected from litigation. Pursuant to Ohio Rev. Code §2305.23, individuals are protected from liability for providing emergency care outside of a hospital unless their acts constitute “willful” or “wanton” misconduct or are performed for payment. (Paid firefighters and police are exempt from this provision.)

In December 2014, lawmakers passed an Ohio bill, which shields building owners from negligence claims arising from AED use. The new automated external defibrillator law (O.R.C. § 3701.85) extends immunity to anyone who owns an AED machine and allows anyone to use the device, recommending training but not requiring it. Additionally, any person performing defibrillation is required to make a “good-faith effort” to activate an emergency medical system (call 9-1-1) as soon as possible. The law had previously required the person to activate the system.

AED Training at Elk & Elk

To help us start our new public access defibrillation program, Certified American Red Cross Instructor Laura Breese came to Elk & Elk to train volunteers from throughout the building to recognize a cardiac emergency and use the device to shock the heart into a regular rhythm.

Checking an Injured or Ill Adult

If you encounter an unconscious person, follow these steps before using an AED:

  • Check for responsiveness. Tap their shoulder and shout, “Are you OK?”
  • If no response, Call 9-1-1 and send someone to get an AED. If an unconscious person is face-down, roll him or her face-up keeping the head, neck and back in a straight line.
  • If you are certified in CPR, begin while you wait for the AED.
    • Open the airway. Tilt head; lift chin.
    • Check for Breathing. Check for no more than 10 seconds. Occasional gasps are not breathing. If there is no breathing, perform CPR.
    • Give 30 chest compressions. Push hard, push fast in the middle of the chest at least 2 inches deep and at a rate of at least 100 compressions per minute. Person must be on a firm, flat surface.
    • Give 2 rescue breaths. Tilt the head back and lift the chin up. Pinch the nose shut and make a complete seal over the mouth. Blow in for about 1 second to make the chest clearly rise. Give rescue breaths, one after another.
    • Do Not Stop. Continue cycles of CPR. Do not stop unless you find an obvious sign of life (such as breathing), an AED is ready to use, another trained responder or EMS personnel take over, you are too exhausted to continue or the scene becomes unsafe.

An Automatic External Defibrillator (AED) can save livesUsing the AED

  1. Turn on AED. Follow the voice and visual prompts.
  2. Remove all clothing from the victim’s chest and wipe the bare chest dry. Remove any medication patches. Shave away any excessive hair. Metal jewelry may be removed to prevent burns, but remember that time is critical.
  3. Attach pads. Place one pad on the right center of the person’s chest above the nipple. Place the other pad slightly below the other nipple and to the left of the ribcage.
  4. Plug in connector, if necessary. (Our AED does not require this step, but others may.)
  5. Stand clear. Make sure no one, including you, is touching the person. Say, “Everyone, STAND CLEAR.”
  6. Let the AED analyze the heart rhythm. Push the “analyze” button if necessary.
  7. Deliver shock, if advised. Make sure no one, including you, is touching the person. Say, “Everyone, STAND CLEAR.” Push the “shock” button, if necessary.
  8. Perform CPR if no signs of life. After delivering the shock or if no shock is advised, perform 2 minutes (5 cycles) of CPR and continue to follow the prompts of the AED. If at any time you notice an obvious sign of life, stop CPR and monitor breathing and for any changes in condition. If two trained responders are present, one should perform CPR while the other operates the AED.

AED Safety

  • Do not use on children below 8 years or 55 lbs. unless using pediatric electrode pads.
  • Do not use on conductive surfaces , such as water, fluids or metals
  • Do not operate an AED if under the effects of alcohol or drugs
  • Do not touch patient when shock therapy is being delivered
  • Do not use in an explosive environment, e.g. oxygen enriched, gaseous or fume environment

For the complete Red Cross “Adult First Aid/CPR/AED Ready Reference” card, visit:


Hidden cancer risks for Hysterectomy and Fibroid Removal


Uterine cancer is the fourth most common cancer in women in the United States and the most commonly diagnosed gynecologic cancer[1]. Prior to a hysterectomy or fibroid removal (myomectomy), the FDA estimates that approximately 1 in 350 women have an unsuspected uterine sarcoma, a type of uterine cancer that includes leiomyosarcoma.[2]

Stages of Endometrial (Uterine) Cancer

Undetected uterine cancer is frequently in Stage I, during which time, a woman could have no symptoms. However, shredding undetected tumors with a power morcellator can spread cancerous cells and upstage the disease. This “cancer seeding” can significantly worsen the patient’s long-term survival. After surgery, the cancer can progress from Stage I to Stage IV rapidly. Uterine cancer that has been upstaged by morcellation, such as leiomyosarcoma, is very aggressive. Some patients had the cancer spread to their spine or lungs. These tumors are difficult to treat, in large part because they are resistant to chemotherapy and radiation.

According to the American Cancer Society, endometrial cancer is staged based on examination of tissue removed during an operation. This is known as surgical staging, and means that doctors often can’t tell for sure what stage the cancer is until after surgery is done.

Stage I

The cancer is only growing in the body of the uterus. It may also be growing into the glands of the cervix, but is not growing into the supporting connective tissue of the cervix. The cancer has not spread to lymph nodes or distant sites.

Stage II

The cancer has spread from the body of the uterus and is growing into the supporting connective tissue of the cervix (called the cervical stroma). The cancer has not spread outside of the uterus. The cancer has not spread to lymph nodes or distant sites.

Stage III

The cancer has spread outside of the uterus or into nearby tissues in the pelvic area.

Stage IV

The cancer has spread to the inner surface of the urinary bladder or the rectum (lower part of the large intestine), to lymph nodes in the groin, and/or to distant organs, such as the bones, lungs, or the omentum (a layer of fatty tissue that covers and supports the intestines and organs in the lower abdominal area).

Hysterectomy and Fibroid Removal Power Morcellator Cancer Symptoms

Some symptoms that could signal upstaged cancer after morcellation, include:

  • Vaginal bleeding or spotting, between periods or especially after menopause
  • Vaginal discharge
  • Pelvic or abdominal pain or a mass
  • Pelvic or abdominal swelling
  • Weight loss
  • Nausea or vomiting

If tumors affect other organs or bones such as the spine, symptoms could include back pain or nerve issues.

In 2014, the FDA issued a black box warning against the use of laparoscopic power morcellators. If you had a minimally invasive hysterectomy or myomectomy (fibroid removal) call us today at 1-800-ELK-OHIO. You may be entitled to compensation.



[1] U.S. Cancer Statistics Working Group. United States Cancer Statistics: 1999–2011 Incidence and Mortality Web-based Report. Atlanta (GA): Department of Health and Human Services, Centers for Disease Control and Prevention, and National Cancer Institute; 2015.

[2] U.S Food and Drug Administration. (2014, November 24.) Laparoscopic Uterine Power Morcellation in Hysterectomy and Myomectomy: FDA Safety Communication. Retrieved from http://www.fda.gov/MedicalDevices/Safety/AlertsandNotices/ucm424443.htm.


Ohio Backyard Pool Liability


Nothing beats cooling off in a pool on a hot summer day, but be aware that owning a pool comes with important responsibilities. In Ohio, homeowners may be liable for injuries that occur on their property, including incidents in or around swimming pools. What’s more, under the “attractive nuisance doctrine,” pool owners may be held liable for injuries to a child who is hurt while trespassing on their property.

To help mitigate your liability, it is important to take steps to protect your guests and the general public from injuries. Please keep in mind the following safety tips are general guidelines. Pool owners should make themselves aware of all applicable city, county, and state requirements.

Safety Measures for Backyard Pools


  • Install a four-sided pool fence that completely separates the house from the pool area. Do not consider the house as a fourth side of a fence if children can access the pool from a door or opening.
  • The fence should be at least four feet high and separate the pool from the house and play areas of the yard.
  • Use self-closing and self-latching gates that open outward. Ensure that the latches are out of the child’s reach.
  • Consider additional barriers such as automatic door locks or alarms to prevent or notify you of entry into the pool area.
  • Always remove portable pool ladders when not in use.

Safety Equipment

The Consumer Product Safety Commission recommends that you have the following items near your pool to ensure that if the worst happens, you are ready to respond.

  • First aid kit
  • Scissors to cut hair, clothing or a pool cover, if needed
  • Charged portable telephone or cell phone to call 911
  • Flotation devices
  • Reach pole


While your homeowner’s insurance may be sufficient to cover some pool-related injuries, you may want to consider adding additional coverage. Talk to your insurance provider about adding an umbrella policy, which provides liability coverage over and above your automobile or homeowner’s policy. For about $150 to $350 per year, you can buy a $1 million personal umbrella liability policy. An umbrella policy will help protect your assets from an unfavorable lawsuit arising from personal injury or property damage caused by you, members of your family, or hazards on your property for which you are legally liable. Exclusions may apply, always talk to an experienced insurance agent and read your policy carefully to insure you have appropriate coverage.


FDA Considers New Liquid Nicotine Regulations

Liquid nicotine in e-cigarettes has been responsible for thousands of poisonings, prompting the federal government to impose regulations.

FDA issues liquid nicotine warningsElectronic cigarettes, or e-cigarettes, are battery-operated products designed to deliver nicotine, flavor and other chemicals. They turn chemicals, including nicotine, into an aerosol that is inhaled by the user—which is commonly referred to as “vaping.” E-cigarettes are a multi-billion-dollar industry that, for years, has flourished outside of federal regulations. Now, amid the recent surge in liquid nicotine poisonings of children, the U.S. Food and Drug Administration (FDA) has proposed rules that would require manufacturers to add warning labels and child-resistant packaging.

According to the American Association of Poison Control Centers, there were 3,783 incidents of liquid nicotine poisonings in 2014, up dramatically from 1,543 in 2013. The Washington Post reports that many of the liquid nicotine poisonings “involve children younger than 6, who can suffer serious health consequences from ingesting the liquid nicotine used in e-cigarettes.” In December of 2014, a toddler died in New York after swallowing the substance.

Proposed Liquid Nicotine Regulations

The FDA issued a notice, announcing that the agency is seeking public comments on proposed rules for liquid nicotine:

FDA’s assessment of these recent trends has led the agency to seek additional information on whether, based on the acute toxicity of nicotine (up to and including nicotine poisoning), it would be appropriate for the protection of the public health to:

  • Warn the public about the dangers of nicotine exposure (especially due to inadvertent nicotine exposure in infants and children); and/or
  • Require some tobacco products to be sold in child-resistant packaging.

The public may submit comments at http://www.regulations.gov until August 31, 2015. (Docket No. FDA-2015-N-1514.)

More Teens ‘Vaping’

According to the CDC, e-cigarette use among middle and high school students tripled from 2013 to 2014.

“We want parents to know that nicotine is dangerous for kids at any age, whether it’s an e-cigarette, hookah, cigarette or cigar,” said CDC Director Tom Frieden. “Adolescence is a critical time for brain development. Nicotine exposure at a young age may cause lasting harm to brain development, promote addiction, and lead to sustained tobacco use.”

Many health advocates are opposed to marketing tactics used by e-cigarette manufacturers, including the use of candy and fruit flavors, which they claim target younger smokers. Current regulations forbid cigarette manufacturers from selling similarly flavored cigarettes. Concerns about online sales have also been raised, due to the difficulty of verifying a customer’s age over the Internet.

Safe handling for liquid nicotine

If you choose to use e-cigarettes, we encourage you to do so safely. The American Association of Poison Control Centers offers the following guidelines:

Adults should use care to protect their skin when handling the products, and they should be out of sight and out of the reach of children. Additionally, those using these products should dispose of them properly to prevent exposure to pets and children from the residue or liquid left in the container.

  • Protect your skin when handling the products.
  • Always keep e-cigarettes and liquid nicotine locked up and out of the reach of children.
  • Follow the specific disposal instructions on the label.

Poisoning from the liquid nicotine can happen in one of three ways: by swallowing it; inhaling it; or absorbing it through the skin or membranes in the mouth and lips or eyes. Once it is in a person’s system, nicotine can cause nausea, vomiting or seizures. If you think someone has been harmed by liquid nicotine, call your local poison center at 1-800-222-1222 immediately.




Dennis, Brady. “FDA weighs warning labels, child-resistant packaging after surge in liquid nicotine poisonings” Washington Post, June 30, 2015.

Centers for Disease Control and Prevention. “E-cigarette use triples among middle and high school students in just one year” www.cdc.gov, April 16, 2015.