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Post Info TOPIC: Child can sue doctor for the loss of her father's companionship even though she wasn't born when he died
Lady Gaga Snerd


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Child can sue doctor for the loss of her father's companionship even though she wasn't born when he died
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Child of Slipknot bassist Paul Gray can sue doctor for the loss of her father's companionship even though she wasn't born when he died, Iowa's top court rules

  • Gray died in 2010 of an overdose while being treated by Dr. Daniel Baldi
  • Gray's wife Brenna sued Baldi on behalf of their daughter in 2014
  • The two-year statute of limitations on suits does not apply to under-eights 
  • Baldi's team said that didn't work because she was a fetus when Gray died
  • But Iowa Supreme Court said Friday she can sue
  • However they warned people not to use the ruling in the abortion debate

By ASSOCIATED PRESS

PUBLISHED: 13:59 EST, 6 May 2016 | UPDATED: 17:00 EST, 6 May 2016

 

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The daughter of the late Slipknot bassist Paul Gray can sue a doctor for the loss of her father's companionship even though she was still a fetus when he died, the Iowa Supreme Court ruled Friday.

The ruling came after Gray's wife Brenna filed a wrongful death lawsuit against Dr. Daniel Baldi and several medical care providers on behalf of her daughter in July 2014.

The suit was previously rejected in a lower court as the girl, referred to only as 'O.G.D.,' was just a fetus when Gray died of an overdose in 2010. But now the Supreme Court ruled it can go ahead - while warning people not to apply the decision to the abortion debate.

Deceased: Paul Gray (pictured), from metal group Slipknot, died of an overdose in 2010. His daughter can now file a wrongful death lawsuit against medical professionals, even though she wasn't born when Gray died
 
+3
 

Deceased: Paul Gray (pictured), from metal group Slipknot, died of an overdose in 2010. His daughter can now file a wrongful death lawsuit against medical professionals, even though she wasn't born when Gray died

Gray was found dead in a suburban Des Moines hotel room in May 2010. An autopsy showed he died of an overdose of morphine and fentanyl, a synthetic pain killer similar to morphine. He was 38. 

Brenna Gray said Baldi and several medical care providers hadn't properly monitored the bassist during drug addiction treatment.

She then sued them for loss of spousal consortium, and on behalf of her daughter who was born several months after Gray died.

Because of a two-year statute of limitations, Brenna Gray's 2014 suit was thrown out. 

But that statute of limitations does not apply to those under the age of eight, who can file a claim up until their tenth birthday.

Baldi's attorneys said that a child of 'negative age' cannot be considered a child under the age of eight. 

But ultimately the court ruled that O.D.G. can pursue damages, as she experienced the loss of her father's support, companionship, aid, affection, comfort and guidance after she was born, not before. 

'Whatever deprivation of consortium O.D.G. is currently experiencing is no less real just because she did not experience it while in utero,' the court said.

Wife: Paul Gray's wife Brenna (pictured), tried to sue in 2014 but a two-year statute of limitations stopped the suit. That statute of limitations doesn't apply to under-eights, but the defense argued fetuses don't count
 
+3

Wife: Paul Gray's wife Brenna (pictured), tried to sue in 2014 but a two-year statute of limitations stopped the suit. That statute of limitations doesn't apply to under-eights, but the defense argued fetuses don't count

Judges acknowledged that this was the first time this argument had ever come up in court, but cited similar conclusions in cases from Massachusetts and Wisconsin.

All but one of the court's seven justices agreed with the opinion. The seventh, Justice Brent Appel, didn't take part in the case. 

However, the justices said that the conclusion of this case should not be used to inform the abortion debate.

They were setting aside 'all the philosophical arguments about the status of the unborn. Those arguments are not at issue here,' wrote Justice Daryl Hecht for the court.

'Any reader who scours this opinion's interstices for implied sentiments about any context beyond the narrow parental consortium question presented undertakes a fool's errand,' he added.

The case now goes back to Polk County District Court in Des Moines where Gray's daughter may pursue loss of parental consortium damages.

Paul Gray was a founding member of Slipknot, the heavy metal band formed in 1995 in Des Moines. 

The group, known for wearing jarring masks, won a 2005 Grammy Award for 'Before I Forget,' a single from their third album, 'Vol 3: (The Subliminal Verses).'

'Robbed': The court said that by losing Gray (pictured left, in mask) while in the womb, his daughter had been robbed of his affection after she was born. But they warned people not to use the ruling in the abortion debate
 
+3

'Robbed': The court said that by losing Gray (pictured left, in mask) while in the womb, his daughter had been robbed of his affection after she was born. But they warned people not to use the ruling in the abortion debate



Read more: http://www.dailymail.co.uk/news/article-3577344/Court-Slipknot-bassists-child-born-died-sue.html#ixzz47vPDiGG9 
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lilyofcourse


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This is ridiculous.

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When I first read it the headline, I thought the doctor had overdosed him while being treated, but that's not the case. Doctors should not be held liable for the actions of grown adults.

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Lady Gaga Snerd


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I think doctors have a resonsibility to monitor their patients. And, they should be seeing their patients regularly and the doctor should not be prescribing mass quantities of drugs that is "unreasonable" my medical standards such as a huge amount, ridiculous amount of refills, etc.
However, if the doctors are reasonably prescribing to the standard of care and someone overdoses in a hotel, then I don 't see how that is the doctor's fault. But, not sure why he would be on both fentanyl and morphine? For what?

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lilyofcourse


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I disagree.

I use to get 160 tramadol per script.

I couldn't go back to the doctor every week or every month.

I needed enough to get me through 3-4 months.

I generally always had plenty left over.

Adults should be responsible for themselves.



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"Baldi's attorneys said that a child of 'negative age' cannot be considered a child under the age of eight."


That is one of the stupidest arguments I've ever heard.

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It does sound ridiculous.

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burns07


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difficult to see how anyone could be liable for damages/negligence against one not yet born ( save murder, of course )and not commited/alleged to have been committed against them DIRECTLY


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lilyofcourse


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Have ya'll heard that apparently Prince overdosed.

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lilyofcourse wrote:

I disagree.

I use to get 160 tramadol per script.

I couldn't go back to the doctor every week or every month.

I needed enough to get me through 3-4 months.

I generally always had plenty left over.

Adults should be responsible for themselves.

 If doctor's DON'T have a responsibility to monitor their patients, who suffers? Especially in the case of drug interactions...

Tramadol, for example, is now strictly controlled. DH used to take 2 a day for back pain & he has cut way back. He has NEVER gotten a 4-month supply.

flan



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Lady Gaga Snerd


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I think that a doctor needs to show they are using the standard of care. An appropriate dose for the condition and appropriate monitoring. But, then if someone overdose that is really on them. However, we should be rethinking whether we allow people to get a 90 day supply or more of scheduled drugs. Perhaps that is a practice that must change.

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Ohfour


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I can ONLY get a 90 supply. My insurance doent cover month to month scheduled drugs...

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Lady Gaga Snerd


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Just thinking of some options. However, some people will overdose. I don't think we should then freak out and make it harder for people who legitimately need narcotics and other medications. The problem isn't the drugs. The problem is the emotional, mental, spiritual angst that makes people want to abuse them in the first place. We shouldnt punish legitimate users of prescribed medications.

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just Czech


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A thought; the father knew he had a child on the way when he died. The unborn child did exist at the time of fathers death, therefore the unborn child was denied a future with her father.
I agree with the judges on this one. The father had knowledge of his child yet to be born. JMHO

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just Czech wrote:

A thought; the father knew he had a child on the way when he died. The unborn child did exist at the time of fathers death, therefore the unborn child was denied a future with her father.
I agree with the judges on this one. The father had knowledge of his child yet to be born. JMHO

And the father choose to behave in a way that resulted in his death. 



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just Czech


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Lady Gaga Snerd wrote:
just Czech wrote:

A thought; the father knew he had a child on the way when he died. The unborn child did exist at the time of fathers death, therefore the unborn child was denied a future with her father.
I agree with the judges on this one. The father had knowledge of his child yet to be born. JMHO

And the father choose to behave in a way that resulted in his death. 

I know, but that is not the child's fault. 



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So what? Neither is it the doctor's or anyone else's fault.

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weltschmerz


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Ohfour wrote:

I can ONLY get a 90 supply. My insurance doent cover month to month scheduled drugs...

Why on earth not? 



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weltschmerz wrote:
Ohfour wrote:

I can ONLY get a 90 supply. My insurance doent cover month to month scheduled drugs...

Why on earth not? 

 Because it's cheaper to do a 90 day supply and not need a pharmacist 3 times. A lot of insurance policies require you to get any maintenance drugs through mail order or in 90 day rations. Even DD's birth control is passed out 3 packs at a time.  



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weltschmerz


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So, hand out bucketsful of narcotic medications at a time?
Did you know the US has 5% of the global population, but consumes 80% of the world's painkillers?
What's wrong with this picture?

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weltschmerz wrote:

So, hand out bucketsful of narcotic medications at a time?
Did you know the US has 5% of the global population, but consumes 80% of the world's painkillers?
What's wrong with this picture?

 Totally irrelevant.  Pain killers are not maintenance drugs. Narcotics have to be prescribed in 30 day doses and can only be filled with a handwritten RX. That law was passed about 5 years ago...



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flan327


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Ohfour wrote:
weltschmerz wrote:

So, hand out bucketsful of narcotic medications at a time?
Did you know the US has 5% of the global population, but consumes 80% of the world's painkillers?
What's wrong with this picture?

 Totally irrelevant.  Pain killers are not maintenance drugs. Narcotics have to be prescribed in 30 day doses and can only be filled with a handwritten RX. That law was passed about 5 years ago...

 And how would welts know that?

My "maintenance drugs" are filled ONE month at a time. It depends on your insurance.

flan



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Ohfour


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flan327 wrote:
Ohfour wrote:
weltschmerz wrote:

So, hand out bucketsful of narcotic medications at a time?
Did you know the US has 5% of the global population, but consumes 80% of the world's painkillers?
What's wrong with this picture?

 Totally irrelevant.  Pain killers are not maintenance drugs. Narcotics have to be prescribed in 30 day doses and can only be filled with a handwritten RX. That law was passed about 5 years ago...

 And how would welts know that?

My "maintenance drugs" are filled ONE month at a time. It depends on your insurance.

flan

 Because shes led us to believe shes a nurse??? I know that, and any nurse worth her weight in salt should know that. 

And i don't give a rats ass how your drugs are filled. I was stating that MINE are 90 supplied. Where did I say that was never the case?

 



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weltschmerz


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Ohfour wrote:
flan327 wrote:
Ohfour wrote:
weltschmerz wrote:

So, hand out bucketsful of narcotic medications at a time?
Did you know the US has 5% of the global population, but consumes 80% of the world's painkillers?
What's wrong with this picture?

 Totally irrelevant.  Pain killers are not maintenance drugs. Narcotics have to be prescribed in 30 day doses and can only be filled with a handwritten RX. That law was passed about 5 years ago...

 And how would welts know that?

My "maintenance drugs" are filled ONE month at a time. It depends on your insurance.

flan

 Because shes led us to believe shes a nurse??? I know that, and any nurse worth her weight in salt should know that. 

And i don't give a rats ass how your drugs are filled. I was stating that MINE are 90 supplied. Where did I say that was never the case?

 

I'm a nurse in CANADA.

 



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Ohfour


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So that means that you dont know the difference between a narcotic and a maintenance drug? Ok....
I was responding to her bolded statement. Usually, when someone take the time to bold something, thats what they are addressing. If not, then why bold it?

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weltschmerz


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We so ALL our scripts 30 days at a time.

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weltschmerz


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Tramadol is a controlled narcotic.

"I use to get 160 tramadol per script.

I couldn't go back to the doctor every week or every month.

I needed enough to get me through 3-4 months."
-lily




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I don't think the doctor should suffer because of his patient's actions. Doctors can monitor you 24/7 and a person determined to commit suicide will do so anyway.

I'm also not sure if I agree with being able to sue someone just because your parent died and you didn't get to spend time with them. If the death was deliberately caused by another person, sure. But when your parent committed suicide? I can't get behind that.

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Ohfour


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weltschmerz wrote:

Tramadol is a controlled narcotic.

"I use to get 160 tramadol per script.

I couldn't go back to the doctor every week or every month.

I needed enough to get me through 3-4 months."
-lily


 And I also said that the laws have changed in the last 4 or 5 years. When i had my hysterectomy,  my dr called in pain meds. When i had my foot surgery a couple of months ago, i had to take in a written RX.



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Lawyerlady wrote:

"Baldi's attorneys said that a child of 'negative age' cannot be considered a child under the age of eight."


That is one of the stupidest arguments I've ever heard.

 I don't disagree--but, it's also stupid it can't affect the abortion debate.

 

A non-person, which the looney left thinks an unborn baby is--doesn't have any rights.  If it does, then it should have the right to live.  

 

More leftist nonsense.  



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Ohfour wrote:
weltschmerz wrote:

Tramadol is a controlled narcotic.

"I use to get 160 tramadol per script.

I couldn't go back to the doctor every week or every month.

I needed enough to get me through 3-4 months."
-lily


 And I also said that the laws have changed in the last 4 or 5 years. When i had my hysterectomy,  my dr called in pain meds. When i had my foot surgery a couple of months ago, i had to take in a written RX.

You also said you can ONLY get 90 day supplies, because your insurance doesn't cover month to month scheduled drugs.

These drugs should need a script every month due to a high potential for abuse.

 



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weltschmerz wrote:
Ohfour wrote:
weltschmerz wrote:

Tramadol is a controlled narcotic.

"I use to get 160 tramadol per script.

I couldn't go back to the doctor every week or every month.

I needed enough to get me through 3-4 months."
-lily


 And I also said that the laws have changed in the last 4 or 5 years. When i had my hysterectomy,  my dr called in pain meds. When i had my foot surgery a couple of months ago, i had to take in a written RX.

You also said you can ONLY get 90 day supplies, because your insurance doesn't cover month to month scheduled drugs.

These drugs should need a script every month due to a high potential for abuse.

 

 Our laws are different than your laws.  Tough taters.



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weltschmerz


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You have the highest rate of addiction to opiates.
So yeah...tough taters.


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weltschmerz wrote:

You have the highest rate of addiction to opiates.
So yeah...tough taters.

 Seriously...not exactly something to be proud of.

flan



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flan327 wrote:
weltschmerz wrote:

You have the highest rate of addiction to opiates.
So yeah...tough taters.

 Seriously...not exactly something to be proud of.

flan

It's kind of like bragging about having the highest rate of child poverty in the industrialised world.

USA! USA! We're Number One! 



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weltschmerz wrote:
flan327 wrote:
weltschmerz wrote:

You have the highest rate of addiction to opiates.
So yeah...tough taters.

 Seriously...not exactly something to be proud of.

flan

It's kind of like bragging about having the highest rate of child poverty in the industrialised world.

USA! USA! We're Number One! 

 Don't internet boards exist in Canada?  WHy no join one if they do exist?  That way you won't be so bothered by our armpit of a Country.



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lilyofcourse


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Mellow Momma wrote:
weltschmerz wrote:
Ohfour wrote:

I can ONLY get a 90 supply. My insurance doent cover month to month scheduled drugs...

Why on earth not? 

 Because it's cheaper to do a 90 day supply and not need a pharmacist 3 times. A lot of insurance policies require you to get any maintenance drugs through mail order or in 90 day rations. Even DD's birth control is passed out 3 packs at a time.  

 Yep. 

I finally was able to get my BP meds on a 90 day supply. I pay the same cost for 30 day or 90 day.

 



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Ohfour wrote:
weltschmerz wrote:

Tramadol is a controlled narcotic.

"I use to get 160 tramadol per script.

I couldn't go back to the doctor every week or every month.

I needed enough to get me through 3-4 months."
-lily


 And I also said that the laws have changed in the last 4 or 5 years. When i had my hysterectomy,  my dr called in pain meds. When i had my foot surgery a couple of months ago, i had to take in a written RX.

 In Mass the Governor is trying to push legislation that says that one a few days can be dispensed at one time.  So you get the 30 prescription but have to go to the pharmacy every few days to draw it down.  That way people won't have so many unused drugs left over for family members or such to steal.  It makes sense given the drug issues we are having.



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lilyofcourse wrote:
Mellow Momma wrote:
weltschmerz wrote:
Ohfour wrote:

I can ONLY get a 90 supply. My insurance doent cover month to month scheduled drugs...

Why on earth not? 

 Because it's cheaper to do a 90 day supply and not need a pharmacist 3 times. A lot of insurance policies require you to get any maintenance drugs through mail order or in 90 day rations. Even DD's birth control is passed out 3 packs at a time.  

 Yep. 

I finally was able to get my BP meds on a 90 day supply. I pay the same cost for 30 day or 90 day.

 

 But those aren't a narcotic, correct?



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weltschmerz wrote:
flan327 wrote:
weltschmerz wrote:

You have the highest rate of addiction to opiates.
So yeah...tough taters.

 Seriously...not exactly something to be proud of.

flan

It's kind of like bragging about having the highest rate of child poverty in the industrialised world.

USA! USA! We're Number One! 

 So dont live here.  Oh yeah.  You dont!



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lilyofcourse


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Let's do a little math, shall we?

160 ÷ 90 = 1.777777778 a day.

I also said I often had several left over when I went back to the doctor.

My doctor was in Chattanooga. I could not make that drive monthly. It cost too much. Gas was $4 a gallon during that time.

It was MY responsibility to take my meds right and not abuse them.

That's part of the problem with the world today. No one wants to take responsibility for themselves and their actions.


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I know what to do_sometimes wrote:
weltschmerz wrote:
flan327 wrote:
weltschmerz wrote:

You have the highest rate of addiction to opiates.
So yeah...tough taters.

 Seriously...not exactly something to be proud of.

flan

It's kind of like bragging about having the highest rate of child poverty in the industrialised world.

USA! USA! We're Number One! 

 Don't internet boards exist in Canada?  WHy no join one if they do exist?  That way you won't be so bothered by our armpit of a Country.

Does the armpit have hair?

What makes you think I haven't joined?

That being said, they're kind of boring. Everyone is always so agreeable. 



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I was given percoset in February when I went to the ER. 12 of them.

I still have 4 of them.

Why? Cause I'm responsible for myself and I don't abuse drugs.

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A flock of flirting flamingos is pure, passionate, pink pandemonium-a frenetic flamingle-mangle-a discordant discotheque of delirious dancing, flamboyant feathers, and flamingo lingo.

Charley Harper
I know what to do_sometimes


Frozen Sucks!

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weltschmerz wrote:
I know what to do_sometimes wrote:
weltschmerz wrote:
flan327 wrote:
weltschmerz wrote:

You have the highest rate of addiction to opiates.
So yeah...tough taters.

 Seriously...not exactly something to be proud of.

flan

It's kind of like bragging about having the highest rate of child poverty in the industrialised world.

USA! USA! We're Number One! 

 Don't internet boards exist in Canada?  WHy no join one if they do exist?  That way you won't be so bothered by our armpit of a Country.

Does the armpit have hair?

What makes you think I haven't joined?

That being said, they're kind of boring. Everyone is always so agreeable. 

 Well our addictions to opiates and how our insurance shoves a 90 day supply down our throats at time helps the entertainment on US based boards, so yeah we are on the internet.



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Sometimes you're the windshield, and sometimes you're the bug.

Frozen is the bestest movie ever, NOT!
weltschmerz


Guru

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What's the matter? Can't take a bit of criticism?

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flan327


Itty bitty's Grammy

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I got nothin'

flan

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You are my sun, my moon, and all of my stars.
Ohfour


Hooker

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flan327 wrote:

I got nothin'

flan

 #truth



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America guarantees equal opportunity, not equal outcome...
flan327


Itty bitty's Grammy

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Ohfour wrote:
flan327 wrote:

I got nothin'

flan

 #truth

 IKWTDS' comment was SO childish that was the only possible response.

flan



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You are my sun, my moon, and all of my stars.
lilyofcourse


My spirit animal is a pink flamingo.

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What criticism?

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A flock of flirting flamingos is pure, passionate, pink pandemonium-a frenetic flamingle-mangle-a discordant discotheque of delirious dancing, flamboyant feathers, and flamingo lingo.

Charley Harper
I know what to do_sometimes


Frozen Sucks!

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Date:
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Frozen is the bestest movie ever, NOT!
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