Indiana Injury And Family Lawyer Blog

Neuro Resource Group, Inc. manufacturers a variety of medical devices that are sold to people throughout the world. The devices are co-packaged with a variety of accessories, such as, alcohol prep pads, alcohol swabs, and alcohol swab sticks that are manufactured by Triad located in the United States. However, a recall of these accessories was recently announced because of an identified risk that the accessories have been contaminated by Bacillus cereus which is a form of bacteria.

This is especially a concern for people who have had surgery, those with weakened immune systems and those who are frail which elevates the risk of developing a life threatening infection from the bacteria.

There are several ways that the affected lots could be labeled, including the terms “Select”, “Select Medical Products”; “PSS Select”, or “PSS World Medical, Inc”. Consumers are being advised to immediately discard the alcohol wipes, known as Triad Group's Alcohol Prep Pads, associated with the affected lots. Consumers should go directly to the manufacturer’s website to see lot   numbers that are part of the recall or contact the manufacturer directly.  Consumers who must discard their alcohol wipes can visit a local pharmacy and can ask the pharmacist about an appropriate replacement so that the consumers can still use Neuro Resource Group’s devices.    Consumers may also call Neuro Resource Group direct for replacement wipes at 1-877-314-6500.

The Neuro Resource Group’s devices are not contaminated and are still safe to use so the device should not be discarded.

Anyone who feels that they are ill or showing symptoms of an infection should contact their physician immediately.

If you, your family or a friend have suffered serious illness and need assistance in asserting your legal rights for compensation, contact PADOVE LAW, toll free at (877) 446 5294 for a free consultation.

St James Smokehouse, Inc. launches a recall for Scotch Reserve Whiskey & Honey Smoked Salmon. The Fresh Market stores in Indiana and Illinois have busy been pulling one of their products off the market this February 2011. Scotch Reserve Whiskey & Honey Smoked Salmon that are 4 ounces have been recalled by  St. James Smokehouse, Inc. for Lot code:5797 & batch code: 4759 with UPC# 853729001151. This is because the company has identified a risk of contamination with Listeria Monocytogenes.

Listeria is one of the more common contaminants linked to food recalls and food borne illness every year. Listeria Monocytogenes is an organism that may produce serious health issues and sometimes fatal consequences, particularly in children, elderly, and those with immunity health issues. People who are healthy may still be adversely affected by Listeria Monocytogenes when exposed to the contaminant. Those who are healthy may suffer from short term high fevers, severe headaches, stiffness, nausea, abdominal pain and diarrhea. Those pregnant women infected with Listeria may miscarry and have a stillborn baby.

The company discovered the Listeria link following testing of three sample packages. Only one package tested positive for Listeria Monocytogenes. However, the company has taken precautions by recalling all 600 pounds of the product in that lot that was distributed to sold to The Fresh Market stores.

Stores that receive notice for recalled products must move fast to remove the product from their store and get it off the shelves if the product has reached the shelves. Next time you go to a grocery store and the product you typically purchase is not available, it may be because it was linked to a recall. Of course, this is not always the case. Sometimes, products do run out at stores.  However, there are occasions that the shelf for a particular product will be empty because it has been recalled.

If you, your family or a friend have suffered serious illness and need assistance in asserting your legal rights for compensation, contact PADOVE LAW, toll free at (877) 446 5294 for a free consultation.

Strawberry Banana Smoothies sound so healthy who would ever expect that there could be risks associated with drinking such a great Smoothie. However, Strawberry Banana Smoothies have been taken off the market by distributors and manufacturers, f’real® foods and Smith’s Dairy Products Company. The notice for recall the Strawberry Banana Smoothies was sent out after testing by the manufacturer that uncovered a different flavor comparison for the 16 oz. lot number 6/21/2012 Strawberry Banana Smoothies. The result of the comparison was that the level of peanuts contained in one Smoothie lot could lead to a serious or life threatening illness for people that have allergies to peanuts.

f’real® foods is a company that creates, sells and markets milkshakes, smoothies and frozen cappuccino beverages that are made from “ true ingredients”, such as, ice cream, fruit, milk and coffee. They also have a dedicated food safety program in place to monitor and distribute products for the highest quality level. The company contacted the companies who were selling the affected Strawberry Banana Smoothies by phone and in writing to inform them about the risk and the recall.

Consumers who have Strawberry Banana Smoothies should not drink the Smoothies and can contact f’real® at 1-877-367-7325 for a refund.

Most people would never suspect that food and drink could pose a risk for personal injury. However, there are many food borne illnesses linked to food and drink every year. Manufacturers are responsible for the safety of their food and drink. The CDC and other authorities help to regulate and enforce the safety of food and drink.

People with allergies need to be particularly careful about the food and drink in their diet. Before introducing a new food or drink into your system, you should always check the ingredients, investigate information about the manufacturer, and review the manufacturer’s information on their website about their food or drink. Then, it might be wise to slowly introduce the food or drink into your diet.

If you, your family or a friend have suffered from a food borne illness and need assistance in asserting your legal  rights, contact PADOVE LAW, toll free at (877) 446 5294 for a free consultation.

Indiana law conflicts were suited to reshape the statute of limitations for medical malpractice. According to Indiana statues, a medical malpractice lawsuit must be brought against a party within two years of failure to treat, neglectful injury or wrongful death. Recently, the Indiana Supreme Court weighed in on conflicts for lower court decisions in which the Supreme Court decided that the statue has merit, but cannot be applied in cases when the injured party was not able to learn about the condition until after two year rule. In this exception, injured parties may file a lawsuit within two years after the discovery of the medical malpractice.

This decision served a breast cancer patient well so that she could recoup losses for a physician’s failure to diagnose her breast cancer. Several other medical malpractice victims received proper attention for their complaints under the same exception.

The majority of medical malpractice cases in Indiana fall under the Medical Malpractice Act. However, if the physician does not participate in a state sponsored excess insurance program, other laws may apply. In all medical malpractice cases, there are numerous conditions that just be met in order to qualify for a lawsuit, including, but not limited to:

• The patient must disclose complete medical history information, including the use of medications, over-the-counter drugs, and supplements.
• The patient must follow preoperative and post-operative instructions which reduce the risk of complications.
• Patients must understand that there are risks with all medical procedures, but complications from medical procedures and conditions do not constitute medical malpractice.

Physicians also have responsibilities, including, but not limited to:

The core responsibility of a physician, barring his medical license, is to allow patients to make informed decisions regarding their healthcare. This is called the informed consent process. Physicians may use a variety of tools to be certain that you understand the following:

• what is wrong with you
• what procedure options you have
• what risks are associated with the procedure
• what are the recovery requirements
• how you would contend with an unsatisfactory outcome

You will also sign an informed consent agreement when you are at your physician’s office. It is advised that you take home that informed consent, review it thoroughly, along with any pre or post-operative instructions so that you can make an informed decision.

If you, your family or a friend have suffered damages and need assistance in asserting your rights for justice and compensation, contact PADOVE LAW, toll free at (877) 446 5294 for a free consultation.

Nuvigil, a drug used to treat jet lag, has been linked to Steven's Johnson Syndrome which is a life threatening disease signified by skin rashes and skin death that may encompass many areas of the body.  Nuvigil, manufactured by Cephalon, was approved by the FDA to fight off fatigue and narcolepsy, but is not FDA approved for use in the treatment of jet lag. In fact, the FDA rejected the request of Cephalon to be approved for jet lag and the end result may be lawsuits.

Nuvigil is also associated with less severe side effects, such as, headaches, insomnia, and nausea.  However, the risk of Steven's Johnson Syndrome is significant and must be considered when interested in using the drug.  Typically, a good rule of thumb is that the benefits of a drug have to outweigh the risks in order for the drug to be truly beneficial. So, if you are suffering from jet lag, the suffering of jet lag is less severe than the risk of Steven's Johnson Syndrome.   Steven's Johnson Syndrome involves skin sloughing and the damage is typically permanent. People often have to be treated in burn units and the final result can be fatal.  Some people who have Steven's Johnson Syndrome and took Nuvigil may be entitled to financial compensation for their pain and suffering and that of their loved ones.

If you, your family or a friend have suffered damages and need assistance in asserting your rights for justice and compensation, contact PADOVE LAW, toll free at (877) 446 5294 for a free consultation.

Trash law for depositing electronics in household receptacles has changed, making a change in the protocol for throw away electronics in Indiana.  Since the   National Safety Council expects that close to 250 million computers in five years and 130 million mobile phones annually will be discarded, the concern about hazardous materials entering the environment from being deposited in landfills or in incinerators has risen.  Electronics contain hazardous materials, such as lead, mercury, and hexavalent chromium that when released into the air may cause a variety of diseases like cancer, particularly for high risk people.

For this reason, electronics are now forbidden from being deposited into the trash in Indiana.  Instead, residents may take their computers, television sets, and mobile phones to local collection locations and solid waste management facilities. There are also many manufacturers who are happy to take back your unwanted electronics.  These options offer a method to properly recycle electronics and reduce the risk that harmful containments will be released into the air, ground and water supply.

While computer monitors, computers, hard drives, scanners, keyboards, televisions and the like may emit harmful chemicals when placed in trash, recycled electronics provide useful materials for mankind. In 1998 alone, over 112 million pounds of recyclable materials were acquired from unwanted electronics. These materials include steel, glass and plastic.

There is a small fee for depositing electronics in recyclable receptacles. You can also donate electronics to charity organizations that will attempt to resell it but may recycle it if it is not sold in a reasonable time frame.

If you, your family or a friend have suffered damages and need assistance in asserting your rights for justice and compensation, contact PADOVE LAW, toll free at (877) 446 5294 for a free consultation.

Sanofi lawsuits may shortly be underway since two of its drugs have been linked to seizures and liver damage, resulting in serious personal injury. In 2009, the Food and Drug Administration approved Multaq to treat atrial flutter and atrial fibrillation, also known as, irregular heart rhythms that can result in reduced blood flow throughout the body and consequential strokes. There have been over half million prescriptions dispensed since the drug was approved in 2009. There have also been numerous reports of liver damage and two of these cases involved the removal of the liver for these patients.

Multaq already has a black box warning stating the drug can cause life threatening consequences and death, in people with recent severe heart failure and should not be used in those patients. The common side effects of the drug include: fatigue, loss of strength, diarrhea, nausea and vomiting. Signs of liver toxicity include: nausea, vomiting and fever in which case patients must have their liver enzymes tested and tests may be required to be repeated on a regular basis to ensure that liver toxicity or other harmful consequences do not occur.

The Sanofi-Aventis SA flu vaccine is also being investigated by health officials due to its link to fever related seizures in children less than two years of age.

These examples provide another reason to examine the labels of medications and read package inserts before taking any medications. A denotation of a black box warning signifies the most serious type of warning for life threatening risks or serious personal injury.  It’s also wise to look for specific information about elevated risks for people with select medical conditions.

If you, your family or a friend have suffered damages and need assistance in asserting your rights for justice and compensation, contact PADOVE LAW, toll free at (877) 446 5294 for a free consultation.

Winter is a great time for snowmobiling. Yet, when a snowmobile loses control on its own accord, the personal injuries can be devastating and may result in a host of Indiana and Illinois lawsuits. This may hold true for Artic Cat Snowmobile owners since these cats were recalled recently.  The 2010 model Artic Cats manufactured at the company’s Thief River Falls, Minnesota plant were recalled. Owners are advised to immediately stop using the snow mobiles and to contact their local Artic Cat dealer.

In these types of recall cases, manufacturers will often discover flaws in equipment following reports from users. In the case of Artic Cat, there were 13 reports that the suspension arm cracked during use which may lead to loss of control of the vehicle. There were no reports of injury or accidents to date.  Yet, engineers will typically design out the flaw to prevent the risk of the malfunction and consequential personal injuries following reports. So, it is wise for owners of all 2010 Arctic Cat Z1, TZ1, F, Bearcat, M, and CF model snow mobiles, including: all model feature and color variations are included in the recall to visit an Arctic Cat dealer for a repair.

Arctic Cat and the U.S. Consumer Product Safety Commission joined together to announce the recall. Owners are typically contacted by mail and through announcements, such as, this announcement.  If you have any questions regarding the recall, you may contact Artic Cat direct at 1-800-279-6851.

Indiana and Illinois lawsuits are common for defective products that result in severe permanent personal injuries. The goal of the lawsuit is to provide compensation for the person’s injuries, affected family members, medical expenses and income loss.

If you, your family or a friend have suffered damages and need assistance in asserting your rights for justice and compensation, contact PADOVE LAW, toll free at (877) 446 5294 for a free consultation.

Vitamin Water may have associated with healthy living by providing a means for hydration, but the result of its advertising is a lawsuit. Advertisements portraying basketball stars in support of Vitamin Water can lead one to think that Vitamin Water offers health benefits.  Of course, it’s true that Vitamin Water contains less sugar than Coca Cola, the maker of Vitamin Water. Yet, 33 grams of sugar found in Vitamin Water suggest that the beverage is just a step down from the typical soft drink beverage. In fact, many studies suggest that sugar can trigger added caloric intake which contributes to the obesity problem in the U.S. Add to this health care costs for treating the obese, it’s difficult for authorities to accept that a drink, such as,  Vitamin Water containing 33 grams of sugar, offers health benefits.

Authorities weighed in on this topic in a lawsuit brought about by the Center for Science in the Public Interest who alleged that Vitamin Water labels and advertising contain deceptive and unsubstantiated verbiage.  Federal Judge John Gleeson, of the U.S. District Court for the Eastern District of New York, ruled in favor of the allegations through a 55 page ruling.

Coca Cola did not feel that the company’s advertisements for Vitamin Water were misleading or suggestive that the beverage offers health benefits.  Yet, there is a contention that many consumers may feel that the beverage is nutritional and is preventative for obesity, simply because of the name implication alone.

One of the most reliable reports demonstrating that weight management and loss is best accomplished by reducing caloric intake is in the 2009 report published by the American Journal of Clinical Nutrition. Researchers at the John Hopkins Bloomberg School of Public Health reported that the best way to accomplish such objectives is to reduce or eliminate beverages containing sugar.

A federal judge denied a motion by Coca-Cola to dismiss a class-action lawsuit accusing the soft drink giant of deceptive advertising in its Vitamin Water line, according to a press release from Center for Science in the Public Interest.

If you, your family or a friend have suffered damages and need assistance in asserting your rights for justice and compensation, contact PADOVE LAW, toll free at (877) 446 5294 for a free consultation.