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Seau's family sues NFL over brain injuries
foxnews.com ^ | 1/23/13 | ap

Posted on 01/23/2013 11:07:18 AM PST by ColdOne

The family of Junior Seau has sued the NFL, claiming the former linebacker's suicide was the result of brain disease caused by violent hits he sustained while playing football.

The wrongful death lawsuit, filed Wednesday in California Superior Court in San Diego, blames the NFL for its "acts or omissions" that hid the dangers of repetitive blows to the head. It says Seau

(Excerpt) Read more at foxnews.com ...


TOPICS: Culture/Society; News/Current Events; US: California
KEYWORDS: braindamage; football; healthcare; juniorseau; nfl
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1 posted on 01/23/2013 11:07:19 AM PST by ColdOne
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To: ColdOne

I knew this was coming.


2 posted on 01/23/2013 11:09:43 AM PST by onyx (FREE REPUBLIC IS HERE TO STAY! DONATE MONTHLY! IF YOU WANT ON SARAH PALIN''S PING LIST, LET ME KNOW)
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To: ColdOne

If the NFL doesn’t get on top of this, pronto, it’s doomed.


3 posted on 01/23/2013 11:10:43 AM PST by 1rudeboy
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To: ColdOne

Aren’t there several thousand active litigations over brain injury and whatnot between former NFL players and the NFL?

Could this potentially shut down the NFL?


4 posted on 01/23/2013 11:10:43 AM PST by mbarker12474 (If thine enemy offend thee, give his childe a drum.)
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To: FReepers; Patriots; FRiends



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5 posted on 01/23/2013 11:10:46 AM PST by onyx (FREE REPUBLIC IS HERE TO STAY! DONATE MONTHLY! IF YOU WANT ON SARAH PALIN''S PING LIST, LET ME KNOW)
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To: ColdOne

Repeated blows to the head can be bad for you? Who could have known?


6 posted on 01/23/2013 11:11:22 AM PST by Squawk 8888 (True North- Strong Leader, Strong Dollar, Strong and Free!)
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To: ColdOne

If you are not bright enough to know repeated blows to the head are bad for you, then how can you tell it affected you at a later date?


7 posted on 01/23/2013 11:14:00 AM PST by SparkyBass
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To: ColdOne

Yeah, good luck with that. To win a case like this you’d have to show that:

1. The injury risks were greater than the average person could suspect
2. The NFL was aware of these greater risks
3. The NFL intentionally or negligently hid this information from the players

As noted upthread, who knew that repeated blows to the head could be dangerous? Well, that’s common sense — and it’s a risk that an average person should know about. This case is going to fail on point #1, without getting to #2 or #3.


8 posted on 01/23/2013 11:25:30 AM PST by kevkrom (If a wise man has an argument with a foolish man, the fool only rages or laughs...)
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To: SparkyBass

The issue is whether the team doctors, etc., tell the players it’s ok to keep playing. (Among other issues).


9 posted on 01/23/2013 11:26:12 AM PST by 1rudeboy
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To: SparkyBass

Warning Labels were on football helmets before Seau was in the NFL.


10 posted on 01/23/2013 11:26:42 AM PST by massgopguy (I owe everything to George Bailey)
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To: 1rudeboy

If I wanna see blood I watch Ice hockey .
Never disappoints.


11 posted on 01/23/2013 11:30:39 AM PST by Morris70
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To: mbarker12474
Could this potentially shut down the NFL?

No, it just means a couple years of expensive legal wrangling, sitting through a lot of ridiculous news coverage and TV talking-heads, then some mult-billion dollar class-action settlement, 40% of which goes to lawyers. Then expect higher ticket prices and even more commercials during football games.

The beat goes on....

12 posted on 01/23/2013 11:30:39 AM PST by PGR88
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To: ColdOne

Guess they should have read the warning labels on helmets.

http://wiki.answers.com/Q/What_does_the_warning_label_say_on_the_back_of_football_helmets

For Riddell helmets:

WARNING: NO HELMET CAN PREVENT SERIOUS HEAD OR NECK INJURIES A PLAYER MIGHT RECEIVE WHILE PARTICIPATING IN FOOTBALL. Do not use this helmet to butt, ram or spear an opposing player. This is in violation of the football rules and such use can result in severe head or neck injuries, paralysis or death to you and possible injury to your opponent. Contact in football may result in CONCUSSION-BRAIN INJURY which no helmet can prevent. Symptoms include: loss of consciousness or memory, dizziness, headache, nausea or confusion. If you have symptoms, immediately stop playing and report them to your coach, trainer and parents. Do not return to a game or practice until all symptoms are gone and you have received medical clearance. Ignoring this warning may lead to another and more serious or fatal brain injury.

For Schutt helmets:

WARNING: Keep your head up. Do not butt, ram, spear, or strike an opponent with any part of this helmet or face guard. This is a violation of football rules and may cause you to suffer severe brain or neck injury, including paralysis or death and possible injury to your opponent. Contact in football may result in Concussion/Brain injury which no helmet can prevent. Symptoms include: loss of consciousness or memory, dizziness, headache, nausea, or confusion. If you have symptoms, immediately stop and report them to your coach, trainer, and parents. Do not return to a game or contact until all symptoms are gone and you receive medical clearance. Ignoring this warning may lead to another and more serious or fatal brain injury. NO HELMET SYSTEM CAN PROTECT YOU FROM SERIOUS BRAIN AND/OR NECK INJURIES INCLUDING PARALYSIS OR DEATH. TO AVOID THESE RISKS, DO NOT ENGAGE IN THE SPORT OF FOOTBALL.


13 posted on 01/23/2013 11:31:43 AM PST by edcoil (Manage your own lawsuit: www.jurisdictionary.com?refercode=KK0012)
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To: ColdOne

Latest issue of Rolling Stone has a piece on “This is your brain on football”. Very telling about youth and brain problems and by the time they get to the NFL, very serious. (FWIW)


14 posted on 01/23/2013 11:32:37 AM PST by sarasota
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To: SparkyBass

Just like oil field workers, rig workers, merchant marines, etc., it’s a hazard of the job. You sign a contract for many multiples per year of what I’ll bring home in my LIFE, you are going to take some risks.

Should be dismissed, completely frivolous lawsuit.

/And I’m a HUGE Chargers fan, and Seau fan.


15 posted on 01/23/2013 11:34:43 AM PST by ro_dreaming (G.K. Chesterton, “Christianity has not been tried and found wanting. It’s been found hard and lef)
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To: 1rudeboy

I agree.... Give it 10-15 years?
When will California ban FB all together?


16 posted on 01/23/2013 11:35:41 AM PST by uddaudd (>> F U B O << "What the hell kind of country is this if I can only hate a man if he's white?")
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To: 1rudeboy

I forgot the SARC tag.

I would think the NFL could argue that a doc can only make a diagnosis for an “in-the-moment” time period. He can’t see cumulative unless a full suite of mri/xray/ctscan diagnostics had been done.


17 posted on 01/23/2013 11:35:47 AM PST by SparkyBass
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To: ColdOne

Didn’t see that coming... pffft.


18 posted on 01/23/2013 11:37:07 AM PST by Obadiah (Of course Obama wants to protect our children. After all, who else is going to pay off his debt?)
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To: ColdOne

Doctors have known for years that repeated blows to the head can cause brain trauma and dementia later in life, mostly for their experience with boxers. They even have a medical term for it. I think its something like “Pugilista dementia.” Most people just call it being “punch drunk” or “punchy”. Those football players knew the risks going in.


19 posted on 01/23/2013 11:37:08 AM PST by circlecity
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To: PGR88
Absolutely not. It will result in parents not allowing their kids to play at the high school stage, and earlier. The pool of available players will shrink at the college level. The quality of professional players will adversely be affected. The product will suffer.

The only question is, will the fat-ass owners sitting on their artificially-generated monopoly see the rocks before the ship hits?

20 posted on 01/23/2013 11:41:25 AM PST by 1rudeboy
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To: ColdOne

Ban helmets. Then they will take better care of their heads.


21 posted on 01/23/2013 11:48:12 AM PST by BO Stinkss
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To: ColdOne
It's convenient that they refused to give up the body prior to burial for medical research into that issue on religious grounds.
22 posted on 01/23/2013 11:48:24 AM PST by AU72
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To: 1rudeboy

I was arguing this particular legal case will not prevent the NFL from operating. it is just a money-grab, that may have longer-term political overtones.

I agree with your point - it is possible may over years cause a long-term cultural shift and change in young players entering the game, etc...


23 posted on 01/23/2013 11:50:10 AM PST by PGR88
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To: ColdOne

Wouldn’t the NFL have in place an ironclad contract that all players would sign that exempts the NFL from this type of lawsuit? Professional Football is dangerous, at best with 300+ pound players looking to bring you down hard.

Next, boxing?


24 posted on 01/23/2013 11:58:12 AM PST by unique3
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To: ColdOne

Assumption of the risk.


25 posted on 01/23/2013 12:02:19 PM PST by Fast Moving Angel (A moral wrong is not a civil right: No religious sanction of an irreligious act.)
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To: AU72

Was that self-inflicted gunshot wound to the head? If so, is a post mortem going to be accurate for previous injury?

Also, were there any other suicidal behaviors such as drugs etc.

Football puts the lowest of the low at the top of the heap. The country would do well to classify it the same as organized dog fights. Medieval barbarism.

I know, dream on...


26 posted on 01/23/2013 12:03:54 PM PST by Huebolt ( Where do we go from here?)
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To: kevkrom

If we weren’t living in Bizarro World where black is white and wrong is right, I might agree with you.


27 posted on 01/23/2013 12:05:55 PM PST by John W (Viva Cristo Rey!)
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To: edcoil
Uh... irrelevant. They're not suing the helmet makers.

He got medical clearance to play. Repeatedly.

28 posted on 01/23/2013 12:18:58 PM PST by newzjunkey (bah)
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To: Huebolt
Was that self-inflicted gunshot wound to the head?

No, GSW was to the chest. He intentionally left his brain intact for the study.

29 posted on 01/23/2013 12:21:38 PM PST by kosciusko51 (Enough of "Who is John Galt?" Who is Patrick Henry?)
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To: kevkrom
Yeah, good luck with that. To win a case like this you’d have to show that:

To win a case like this all you need is a jury of low-IQ, brainwashed OWS-types who want to stick it to "the man". In other words, the litigants have a darn good chance of winning this.
30 posted on 01/23/2013 12:23:24 PM PST by fr_freak
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To: fr_freak

No low IQs necessary. All they need is a copy of the report the NFL distributed to players in the early 90s saying there was no indication of long term harm from concussions. The league told them the game was safe, and the league will lose these suits because of it.


31 posted on 01/23/2013 12:26:13 PM PST by discostu (I recommend a fifth of Jack and a bottle of Prozac)
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To: mbarker12474

Been saying it for awhile....it will start in high schools, as insurance liability costs will skyrocket forcing schools to drop football.


32 posted on 01/23/2013 12:27:10 PM PST by dfwgator
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To: ColdOne

Here’s a question I’d love to ask to any Seau family member while they were on the witness stand:

“Let’s say a genie had appeared to Junior Seau when he was a senior at the University of Southern California and said ‘Junior, if you stay with football, you will play 20 seasons in the NFL. You will make the Pro Bowl 12 times and be one of the greatest linebackers in the history of the game. You will make millions of dollars and have everything you want. The downside is you will die at age 43. Alternatively, you can do some other career—construction, maybe—and live a modest lifestyle and a normal lifespan.’ What would Junior have said? Remember you are under oath.”


33 posted on 01/23/2013 12:35:26 PM PST by Our man in washington
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Sympathies to his family and all but did someone hold a gun to his head and/or twist his arm to join the NFL?


34 posted on 01/23/2013 12:56:11 PM PST by Kevin in California
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To: discostu
No low IQs necessary. All they need is a copy of the report the NFL distributed to players in the early 90s saying there was no indication of long term harm from concussions.

Well, if the NFL really was dumb enough to do that, then maybe they deserve to lose just for being stupid. I still think that the ultimate responsibility lies with the players, who were grown men who made the choice to play a rough sport and take the risks, but my viewpoint regarding personal responsibility seems to be embraced by a shrinking minority of people in this country. The rest expect to be coddled from cradle to grave. You could have handed me 20 reports saying that football was harmless, and I still would have understood that there were serious risks. But then we're back to that IQ thing.
35 posted on 01/23/2013 1:09:15 PM PST by fr_freak
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To: fr_freak

They weren’t that grown, we’re talking college kids here, college kids that have dedicated their lives to football with all the not learning other things that implies. And they were lied to. The personal responsibility here is the NFL lying. They said head injuries had no long term side effect, they hired the doctors, they published the report, they made promises. When the doctors tell you that you will fully recover with no long term side effects from that injury unless you also went to medical school you believe them. Part of personal responsibility is acknowledging that there are people paid specifically to know about stuff, and you’re supposed to listen to them. Unfortunately in this case the NFL paid them to make crap up.


36 posted on 01/23/2013 1:17:27 PM PST by discostu (I recommend a fifth of Jack and a bottle of Prozac)
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To: edcoil

If you read the article they are suing the mfg as well.


37 posted on 01/23/2013 1:36:21 PM PST by edcoil (Manage your own lawsuit: www.jurisdictionary.com?refercode=KK0012)
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To: ColdOne

Football is a game of hard knocks and hits. Everyone knows that going in. To come back later and complain about it is just wrong! Not a single one of these players would have said they didn’t want too play because it is possible they may end up with brain injuries. They did it for the money, fame, and how it made them feel.


38 posted on 01/23/2013 1:39:42 PM PST by vpintheak (Occupy your Brain!)
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To: discostu

Where is the line drawn tween a hit during execution of a play and celebratory head hits and self imposed, by teammates after the play. They be head slappin themselves continuously during a game.


39 posted on 01/23/2013 1:39:55 PM PST by Kenika (A Tried, True and Tested CPO)
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To: ColdOne

Maybe they can countersue on behalf of all of those who he gave concussions to.


40 posted on 01/23/2013 1:40:09 PM PST by Uncle Chip
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To: discostu
Guys who are college age are grown men. If they can vote, serve in war, sign contracts, etc., then they are grown men. Acting as if they are still children is wrong. If we want to pretend that people are still children with no accountability for their own actions well into their 20s, then let's quit fooling around and move the voting age to 30. Part of being an adult is that you must learn that ALL decisions are your own, because YOU are the one who will bear the consequences. If you choose to subordinate your decision-making to the elite "experts", especially when the "experts" are telling you something that defies even the most basic common sense, that is still a decision.

That said, if the NFL deliberately lied to these guys, they deserve to get burned, and I won't shed a tear for them.
41 posted on 01/23/2013 1:42:09 PM PST by fr_freak
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To: Kenika

That’s the scary implication of stuff like the Seau and Chris Henry autopsies. These guys never got diagnosed with concussions, and yet they show the brain trauma. So it could be that even those celebratory slaps are causing a problem.


42 posted on 01/23/2013 1:45:29 PM PST by discostu (I recommend a fifth of Jack and a bottle of Prozac)
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To: fr_freak

If there’s something to be learned from the rate at which young athletes get in trouble with the law and go broke it’s that they might be biologically and legally grown men, but inbetween the ears they aren’t yet. Also there’s recent studies showing that teens and early adults specifically have issues understanding their own mortality, it’s why we do dumb things at that age. So even as grown men there’s indications they just don’t have the stuff to properly process the dangers even when the accurate data is presented to them. Look no further than the Dallas Cowboys for that, one teammate dead in the DUI, another going to jail, and yet another Cowboy just got busted for DUI. “Grown men” has a fluid definition.

Everybody subordinates decision making to experts. It’s how we go through life. If you don’t have medical training you do what your doctor says. If you’re not a car mechanic you go to one. You watch financial experts on TV for investment advice. And young adults are more susceptible to it, because they’ve been through life being told what to do by adults in all aspects of their life, now a doctor says don’t worry about those concussions you’ll be fine, add the comprehension of mortality problem we know that age group has, and here’s where they land.


43 posted on 01/23/2013 1:53:43 PM PST by discostu (I recommend a fifth of Jack and a bottle of Prozac)
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To: 1rudeboy

I believe you can accurately predict the demise of the NFL by 2025 now. High school football will be the first to halt in one state. It’ll be total shock, and within two years...a second state will join the ban on football.

College football being banned will likely occur by 2022...with California likely to be the first state. Without the college teams...the NFL cannot function. So it’s only a year or two later that they start to admit the end is near.

What replaces it? Roller-derby....my honest humble opinion.


44 posted on 01/23/2013 2:01:31 PM PST by pepsionice
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To: discostu
Everybody subordinates decision making to experts. It’s how we go through life. If you don’t have medical training you do what your doctor says. If you’re not a car mechanic you go to one. You watch financial experts on TV for investment advice.

I don't agree with this (it is both a bad mode of thinking and it is not necessarily true). If your doctor gives you an opinion and you suspect he might be wrong, or you just want to double check, as a responsible adult would do, you get a second opinion, or a third. I have had the experience of going through three or four doctors who all gave the same opinion that I KNEW was wrong. The last doctor more or less agreed with me, treated accordingly, et voila, I was better. The others would have killed me. I have gone to mechanics who have given me diagnoses that I knew were full of it, so I left and went elsewhere. I guarantee I'm not the only one who does this kind of thing, nor should I be.

The failure of certain people to live up to their duty as adults, in no way should result in the dumbing down of our expectations. We are already a nation of idiot children - if we decide that people into their 20s aren't capable of making their own decisions or taking responsibility for their own lives, then we all might as well vote Obama for Glorious Emperor of the Universe for Life and get it over with, instead of waiting until we can come up with enough reasons to treat people as children well into their 30, 40s and beyond.
45 posted on 01/23/2013 2:24:36 PM PST by fr_freak
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To: fr_freak

It might be a bad mode of thinking, but it is true for the larger part of the population. They don’t generally think they’re doctor might be wrong, unless the problem they asked him about persists. The primary method people use to deal with things outside of their expertise is “life is complicated and I’m busy”. Whole business models are built around this “Ace is the place with the helpful hardware man”, they’re advertising that they know household projects better than you, but they’ll answer your questions. The whole technical support concept. Consulting someone we’ve been told is an expert is a normal human reaction to things out of their depth.

Sure sometimes what the expert says doesn’t pass the sniff test, so you try somebody else. But then there was something that triggered it, AND you still kept consulting experts, and when you got an answer that passed the sniff test you stopped asking others. The last guy might have been just as full of it as the others, could be he was just better at selling it. You still went the normal human route of “I don’t know so I’ll ask someone paid to know”.

Nobody failed to live up to their expectations as adults. These are athletes, athletes spend their lives doing what the coach, training staff, and medical staff tell them. It’s the basis of their life, that IS what is EXPECTED of them as adults. And the league medical staff said “no long term effects from concussions”. Nobody is saying they aren’t capable of making their own decisions. Just pointing out that your assumption they should have known better is asking too much. It’s not dumb for 22 year olds that have been listening to doctors for all their lives to listen to the doctor again. It’s normal.


46 posted on 01/23/2013 2:34:28 PM PST by discostu (I recommend a fifth of Jack and a bottle of Prozac)
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To: pepsionice

What about Patsy Mink’s Title Nine....... nice mess


47 posted on 01/23/2013 2:46:40 PM PST by Kenika (A Tried, True and Tested CPO)
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To: pepsionice

“What replaces it?”

Sex.

Seems to be the only thing they all agree on.

What strange times we live in.

.


48 posted on 01/23/2013 2:50:51 PM PST by Mears
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To: discostu

Sounds like we have a fundamental difference of opinion on the best nature of Man, even young Man. Once, the majority of this country agreed with me. Now, the majority probably agree with you. I guess we’ll see how that turns out.


49 posted on 01/23/2013 2:56:11 PM PST by fr_freak
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To: fr_freak

The majority might have talked like you, but they behaved the way I say. It’s human nature to defer to experts, it’s part of why we group up and form societies, to get more experts in more fields.


50 posted on 01/23/2013 2:58:40 PM PST by discostu (I recommend a fifth of Jack and a bottle of Prozac)
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