Indiana Injury And Family Lawyer Blog

Many veterans from the Iraqi and Afghanistan War suffered from post traumatic stress disorder. Many were treated. However, many were not found eligible for long term benefits.  This has been unfortunate for these vets particularly when the symptoms associated with post traumatic stress can present themselves at many times over the course of a lifetime. Consequently, last quarter of 2008 a class action lawsuit was filed. Now a federal judge is allowing a court authorized mailing to go out to roughly 4,300 vets which will permit them to participate in the class action lawsuit if they qualify.

The National Veterans Legal Services is the advocacy group that initiated the class action lawsuit involving seven injured vets. If the lawsuit is won, many vets with post traumatic stress would potentially receive long term financial compensation and healthcare benefits. Veterans most likely affected in this class action received disability discharges between December 2003 and November 2008.

The diagnosis for post traumatic stress may involve both a physiatrist and psychologist. The symptoms associated with post traumatic stress are numerous, including:

• Bothersome memories about the event that create distress
• Flashbacks of the event
• Nightmares
• Physical reactions to reminders of the event such as chest pain and nausea
• Avoiding activities and isolation from reminders of event
• Depression
• Irritability and difficulty concentrating
• Over cautiousness
• Suicidal thoughts
• Distrust of others
• Reoccurring time periods of the disorder

Recently, there is new technology available to help screen for post traumatic stress disorder. Magnetoencephalography, also known as MEG, has proven useful in the diagnosis of post traumatic stress disorder. Neuroscience professors at the University of Minnesota used MEG to evaluate brain activity patterns in over 70 vets with post traumatic stress disorder and 250 individuals that do not have the disorder. The results of the research showed that MEG identified post traumatic stress disorder in 90% of the participants with the disorder.

Post traumatic stress is caused by traumatic events that adversely affect individuals. People that have been assaulted, raped, or kidnapped may experience post traumatic stress. People that suffer from auto accidents and natural disasters may have post traumatic stress.

Burton Padove is highly experienced in helping victims that suffer from traumatic events. Mr. Padove was a part of the ABC Childcare advocacy group against child abuse and was on the Board of Directors for Haven House, a battered women’s shelter. If you or a loved one has suffered from a traumatic event, seek out the advice of Burton Padove at 219-836-2200 or 877-446-5294 for nationwide callers.   Vets may contact 1-877-222-VETS for more information about the class action lawsuit for the Iraqi and Afghanistan War veterans.

If you or a loved one has been injured and are suffering from post traumatic stress disorder, call Burton Padove for a free consultation at 219-836-2200 or 877-446-5294 for nationwide callers.  

When you go to a physician and they prescribe a medication, do they review drug side effects with you? Maybe, maybe not. Physicians are dedicated to protecting your health. Yet, this does not mean that they fully educate you about the drugs that you are taking. They are there to diagnose medical conditions, offer treatment options and alternatives to treatment. They are obligated to tell you about any complications you may experience from proposed treatments. However, they may not fully prepare you for the list of side effects that are associated with proposed medications. It’s often the pharmacist that reviews drug side effect risks and reviews your history to ensure that the drug you are supposed to take will not adversely interact with the drugs that you are currently taking. Some may say that the pharmacist has become part of the check and balance system in healthcare.

For this reason, lawsuits involving drug side effects are not usually considered medical mal practice. Lawsuits involving drug side effects are often considered defective drug liability cases. The validation of legal cases involving drug liability is determined by several factors. One factor relates to the informed consent process. Information about the drug’s side effects is presented in the package insert of the drug, on the manufacturer’s website and in advertisements that appear on television, radio or in print.

It is important to note that new drug side effects may be uncovered after a new drug filters through the mainstream population. Manufacturers gather reports from individuals that have suffered from new side effects. The FDA may receive reports from people that have suffered new side effects. At this time, the manufacturer and the FDA attempt to educate the public about the newly discovered side effect. The manufacturer also alters the package insert and advertisements in order to disclose the new drug side effects. A drug recall occurs when the number of reports becomes exceedingly high. At this time, the drug is recalled from the consumer market. People using recalled drugs may not be aware of the recall so warning letters are sent to those individuals about the recall. In the end, people should not ignore side effects associated with drugs. They should read package inserts and become fully educated about the drugs they are taking. People should report any side effects they experience to their doctor as soon as possible.

Burton Padove assertively represents the legal interests of people that have suffered serious harm from drug side effects. The types of serious medical conditions caused by drug makers that Burton Padove is filing lawsuits for include: Achilles Tendon Rupture from Levaquin, Skin Necrosis (death) from Gadolinium Contrast Dye used in MRI’s, heart attack and stroke from Yaz and Yasmin oral contraceptives, Lawsuits against the makers of these drugs have been filed. More lawsuits are expected to arise.

If you or a loved one has been injured because of a drug side effect, call Burton Padove for a free consultation at 219-836-2200 or 877-446-5294 for nationwide callers.

Fire hazards in products can be some of the most dangerous types of hazards. Fires that erupt from products can cause burns to individuals and the spread of the fire to surrounding areas. On January 21, 2010, BSH Home Appliances Corp. of Huntington Beach California, in conjunction with The U.S. Consumer Product Safety Commission, announced a recall of the Thermador® Built-In Oven following reports from individuals of fires due to the oven.

Insulation gaps in the oven are the cause for concern in the recalled Thermador® oven. These insulation gaps can overheat when in use or in the self cleaning mode. The overheating can create a fire that reaches surrounding cabinetry and ultimately places users at risk of serious injury or death. Two of the three reports received by Thermador® involve fires that reached surrounding cabinetry. In the past, BSH Home Appliances Corp. had recalled 42,000 built in ovens. The latest recall involves 37,000 built in ovens. This recall is limited to the Thermador® built in double oven model numbers C272B, C302B, SEC272, SEC302, SECD272 and SECD302 and serial numbers between FD8403 through FD8701. People can check the serial number by viewing the underside of the control panel. People affected by the recall should stop using the oven and call the manufacturer at (800) 701-5230.

Fire hazards can be created many ways. Failure to maintain a gas oven is a fire hazard. Heating of toxic fumes can cause a fire hazard. Misuse of a product can cause a fire hazard. Manufacturer defects are one of the leading causes of fire hazards each year.

Manufacturers of defective products are liable for damages and personal injury that their products cause. Replacement of the product or an alternative product may be warranted.

Burton Padove accepts the responsibility to assert legal rights of people injured because of fire hazards. Burton Padove will work diligently for you to obtain financial compensation for your injuries caused by the negligence of others, including: pain and suffering, past and future lost wages, past and future medical care expenses, disability and disfigurement. If you or a loved one has experienced harm because of a defective product, call Burton Padove for a free consultation at 219-836-2200 or 877-446-5294 for nationwide callers.

Every year there are a good number of children's products that are recalled because they pose a risk for injury. Over the years, various toys, cribs and children's accessories have been recalled due to defects. The most recent recall involves Graco's Strollers. The recall came after serious reports of injury.

Five children had their fingertips amputated due to the defect in several types of Graco Strollers. Two other children received lacerations because of the faulty stroller models. The affected models include: Graco's Passage™, Alano™, Spree™ Strollers and Travel Systems.

Graco and The U.S. Consumer Product Safety Commission announced a recall of the affected strollers to prevent injury to other children. The defect relates to the hinge mechanism on the canopy of the stroller. When the canopy is being used, the design of the hinge creates a risk for amputation or laceration. Not all strollers in the affected models pose an injury risk. It is those that use a hinge mechanism with plastic notches for positioning that create the hazard for children. Parents that have purchased such strollers can contact the manufacturer for a kit that may be placed on the stroller to prevent the risk of injury. Consumers can contact Graco at (800) 345-4109 for more information.

Children's disabilities have an impact on emotional health, school and social life. The physical disability also has an impact on daily life. These factors are evaluated in the decision for financial compensation in accordance with the law.

If your child has been injured because of a defective product, contact Burton Padove for a free consultation at 219-836-2200 or 877-446-5294 for nationwide callers.

Toll House Cookie lawsuits may soon be eminent due to the injuries sustained by individuals eating the cookies. Since the second quarter of 2009, reports of individuals that have suffered injury have accumulated throughout twenty eight states.  There have been over 65 people that have become ill, 25 people that have been hospitalized and over 5 people that have developed Hemolytic Uremic Syndrome, including hemolytic anemia and acute renal failure.

Nestle has recalled all varieties of the prepackaged, refrigerated Toll House cookie dough that they suspect has been contaminated. The contamination is suspected to be E Coli. Hemolytic Uremic Syndrome, including hemolytic anemia and acute renal failure are serious medical conditions that may progress over time. Though, many people do recover from Hemolytic Uremic Syndrome. The symptoms that signify illness from the cookie dough, include:

• Diarrhea, bloody or otherwise abnormal stools
• Stomach cramps
• Vomiting
• Fever
• High blood pressure
• Seizures
• Paralysis
• Blindness

Food borne illnesses have become more apparent in recent years. Once a food borne illness is discovered, warning letters are sent to the stores that carry the items so that they can be removed from the facility. Consumers are advised to be kept abreast of foods that cause illness by regularly visiting The Centers for Disease Control and Prevention website. Companies that produce foods follow a quality control process. Local and state authorities monitor the quality of food. Once a food borne illness outbreak occurs in several states, The Centers for Disease Control and Prevention steps in to warn the public and take action to prevent the public from harm.

Lawsuits against makers of foods that cause medical conditions are only accepted by lawyers when the medical condition is permanent and severe. Lawyers must conduct a significant amount of research to substantiate the validity of food borne illness claims. People suffering from seizures, paralysis or blindness due to eating Tollhouse Cookies may be entitled to financial compensation for their injuries.

If you or a loved on has been seriously injured because of a defective food or product, contact Burton Padove for a free consultation at 219-836-2200 or 877-446-5294 for nationwide callers.

Construction accidents are the third leading cause of injury related death. One of the most common injuries sustained in a construction accident is a spinal cord injury. In 2002, there were 250,000 spinal injuries in the U.S. The average age of a spinal cord injury victim is 25 and the disabilities usually last a lifetime. In fact, slightly less than fifty percent do not have health insurance at the time of the construction accident. Yet, the costs for a spinal injury are very expensive. The average first year medical costs for a spinal cord injury victim are $140,000. The second year costs for a spinal cord injury victim are over $150,000 for paraplegics and over $400,000 quadriplegics. The lifetime costs associated with care are nearly $430,000 for a paraplegic and up to $1.35 million for a quadriplegic. So, how can workers injured in construction accidents defray their costs?

Know Your Legal Rights

Workers that are injured in construction accidents have legal rights which may allow them to receive compensation for their injuries.  Injured workers may be entitled to worker’s compensation which provides funds for lost wages and lost future earnings. Worker’s compensation may also provide vocational assistance to help place injured workers in appropriate jobs. Injured workers may have a product liability claim against the manufacturer of a defective product that caused the accident. This claim may allow for compensation relating to lost wages and future earnings, pain and suffering as well as medical expenses. Injured workers may also be entitled to employer or contract negligence benefits. Yet, there are limitations in regulations. Legal rights of victims vary among the states. For these reasons, it is important to seek out a personal injury lawyer because they understand the laws in all areas of liability so that injured workers can receive the maximum benefit.

If you or a loved one has been injured in a construction accident, contact Burton Padove for a free consultation at 219-836-2200 or 877-446-5294 for nationwide callers.