Indiana Injury And Family Lawyer Blog

Cheese is a wonderful source of calcium to support the strength of your bones. It is filled with lots of great vitamins, such as, thiamine, vitamin B6 and folic acid within the B-complex, and vitamin C. Yet, cheese made from raw milk that is not pasteurized is at risk of being contaminated with soil or animal feces, animal diseases, or bacteria on an animal's skin.

This is because pasteurization allows for harmful bacteria contaminants and organism to be killed.  Since pasteurization is a process that has been used for decades, authorities have confirmed that it is a safe and effective process for eliminating contamination.

There are several cheese manufacturers that use pasteurized milk in their products, but there are other companies that use unpasteurized raw milk.  Furthermore, there is no scientific evidence that unpasteurized products are safe and effective. Since the pasteurizations process had been reviewed by the FDA, the FDA recommends that all milk products be pasteurized.

It is important to note that there is limited enforcement on this issue unless a food borne illness is discovered. While we don’t want to create a buyer beware market, it is important for consumers to be aware that manufacturers producing unpasteurized food and drink containing raw milk do exist in America.

There are a few ways that you can be proactive to reduce your risk of a food borne illness. If you are interested in trying a food or drink product that has just become available on the market or one that is new to your pallet, ask the store manager how long the product has been on the market and ask about the quality of the ingredients. Also, it’s wise to take the time to research information about the manufacturer on the Internet. You’ll want to know how long the product has been available to consumers and the manufacturer’s track record. Typically, information about unsafe products will become available to consumers five years or more after it is available on the market. Sometimes, recalls of select products may come out at any time during the company’s distribution.

Aged cheese that has been aged for 60 days or longer is said by some to provide enough time to kill harmful bacteria. The FDA is investigating this premise at this time. Roughly 50% of U.S. states allow raw milk that is not pasteurized to be produced and sold.

If you, your family or a friend need to protect their legal rights, contact PADOVE LAW, toll free at (877) 446 5294 for a free consultation.

As more consumers have become interested in organic foods and drinks, there has been great number of boutique stores and farmer’s markets that have opened up across the U.S. It’s true, “natural” or organic foods and drink may be healthier than traditional “store bought” food and drink products. Yet, this is not always the case. There has been a growing concern about raw milk being distributed in some of these specialty stores.

Consumers need to be aware that Raw Milk products, such as milk and cheese,   that are not pasteurized, are not healthy to drink or eat. Locally produced and minimally processed foods may be more nutritious in some cases. However, foods and drink that are not pasteurized pose a risk for injury. Unpasteurized calcium sources like raw milk may be contaminated with unhealthy bacteria and organisms, such as, salmonella, E. coli, and listeria.

The Food and Drug Administration and the Centers for Disease Control and Prevention state that pasteurization is recommended for all milk in the United States. When milk goes through the pasteurizing process, the milk is heated to 161 degrees and maintains this heating temperature for 15 seconds to eliminate harmful bacteria and organisms. . Pasteurization kills harmful bacteria—including salmonella, E. coli, and listeria—that can contaminate milk before it gets to your table.

Pasteurization allows for the prevention of foodborne illness. Food borne illnesses have been linked to tuberculosis, brucellosis, salmonellosis, scarlet fever, and listeriosis. The pasteurization process has passed a test of time, demonstrating safety and efficacy which has been used for over 100 years.

So, it’s important to check the ingredient labels on all food and drink that you plan to consume. This particularly holds true for newly introduced organic foods and drinks that have passed a test of time for safety and efficacy.   Ask the store manager about any new foods or drink you plan to consume from boutique stores.

If you, your family or a friend need to protect their legal rights, contact PADOVE LAW, toll free at (877) 446 5294 for a free consultation.

REMEDY TEAS voluntarily recalled the company’s Peppermint Organic Herbal Tea and Organic Herbal Tea Blend due to the discovery that the organic tea may be potentially contaminated with Salmonella. Salmonella is a food borne illness that is reported in many types of foods throughout the year. Salmonella may produce serious health issues and may be life threatening, particularly for people with elevated risk.

Salmonella “poisoning” symptoms may appear similarly to the common flu initially. Initially, symptoms may show as fever, diarrhea, bloody bowls, nausea, vomiting, and stomach pain. It is only in rare cases that the effects enter into the bloodstream to cause life threatening illness. In its most severe forms, Salmonella may lead to arterial infections, infected aneurysms, endocarditis, and arthritis. Small children, people with weak immune systems and seniors are at an elevated risk to experience more severe symptoms.

Remedy Teas did not cause the possible contamination, but the company has appropriately removed potentially contaminated teas from distribution after in house testing sample revealed the possible link to Salmonella. Remedy Teas and the FDA are continuing to investigate this matter.

If you have this tea in your home, go to the company website to see if your package is on the recall list. Chances are that your package is not on the list since only 20 pounds were recalled in total to date. Yet, it is better to be safe than sorry.

Herbal supplement and remedies have been a big hit in recent years. Herbal remedies have been touted by holistic practitioners and licensed acupuncturists to be filled with a host of health benefits. Some holistic practitioners develop and distribute their own herbal supplement combinations. It is important to note that while some herbal supplements have been used successfully for centuries throughout China, scientific research demonstrating the safety and efficacy of there products has not necessarily been conclusive. Certain herbal supplement may negatively interact with other medications you are taking. Certain people taking herbal supplements may be in a high risk category because of a medical condition. There are risks and benefits associated with all drugs. So, it is wise to fully investigate any company that is manufacturing and selling herbal supplements, as well as, the credentials of the holistic practitioner who is distributing the herbal supplements you are interested in.

If you, your family or a friend need to protect legal rights, contact PADOVE LAW, toll free at (877) 446 5294 for a free consultation.

On February 7, 2011, the Indiana House Judiciary Committee secured an 8 to 4 vote towards a resolution about the prospect of banned gay marriage in the State of Indiana. Proposed Resolution 6 would ban gay marriage, civil unions, domestic partnerships and any government recognition of gay and lesbian couples in Indiana.  Micah Clark of the American Family Association spoke out to state that the people of Indiana should have the right to define marriage.

If gay couples are not able to be married, they are not able necessarily able to receive the same legal rights as married couples in some very possible legal situations should the relationship maintain longevity. For example, if a gay couple has spent twenty years together with little contact from other family members on either side, the gay couple is more likely to know the wishes of their partner for illness, life and life threatening situations. However, the partner will not be able to speak on a behalf of a partner in life threatening situations when healthcare decisions must be made, according to lack of cohabitation laws. Depending upon the relationship that the healthy partner has with legally responsible family members, the healthy partner may or may not be able to even receive information about the medical condition of the partner, let alone make a healthcare decision for the partner.

This premise also holds true for domestic cohabitants that are heterosexual.  The only form of documentation that would be legally binding in this case is a living will and advanced healthcare directive that specifically states who should be contacted to make healthcare decisions for an ill partner if the ill partner is unable to make such decisions.

This is only one example of the potential legal issues that may arise should gay marriage be banned. This is an ongoing legal issue for heterosexual co-habitants.

If you, your family or a friend need to protect their family law legal rights,  contact PADOVE LAW, toll free at (877) 446 5294 for a free consultation.

It’s a buyer’s market- that is for certain! There are millions of homes available on the market for deflated prices since economic hard times and the mortgage fallout.  Yet, it may be a “buyer beware” market as well.

Disputable foreclosure proceedings that have led to improper and illegal home foreclosures are just one of the items for home buyers to be aware of. As a homebuyer, it may not be wise to buy a home that is linked to foreclosure litigation. Also, the existing homeowner may be disputing the foreclosure process.

Since many people formerly received loans in amounts above their payment capability, properties that are up for foreclosure may not have been well maintained. This creates an added risk that there are construction issues, electrical issues, heating and air conditioning issues, as well as, other home related issues that may not be visible to laymen’s eyes. So, it’s wise to secure inspections for every component in the home you plan to purchase and request a contingency offer, meaning that the offer will be null and void should the home fail inspections.

Next, be certain to investigate the background of the home, including previous owners, property line information, easements, etc.      Remember there is a current investigation taking place among dissatisfied homeowners who feel they were fraudulently foreclosed upon. One of these homeowners may have owned the home you are interested in. The legal outcome of these dissatisfied homeowners is unknown at this time.  It is widely known that some foreclosure processors have contended that they did not review foreclosure proceedings on homes in an appropriate manner. So, there are indications that the legal outcome may be favorable for some dissatisfied homeowners who were foreclosed upon.

Foreclosures may still be an excellent asset for the buyer’s market. Yet, some buyers may prefer to go with new construction to prevent the risk of being caught up in litigation.

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.

When you go to a pharmacy to pick up a prescription, pharmacists typically ask you if you have taken the medication previously and if you are familiar with the side effects.  The reason why they do this is because all drugs have side effects that some people may suffer from and consumers should make well informed decisions. Drugs are tested through a variety of methods, such as, clinical trials to identify safety and efficacy. Yet, there is an FDA reporting system that helps to regulate the safety and effectiveness of drugs by identifying drugs that have caused side effects in individuals over time.

Some side effects are short term, mere bothersome symptoms. Other side effects can be life-threatening or result in death. So, pharmacists take precautions to make certain you are aware of the risks associated with the drugs you are prescribed. Pharmacists are also familiar with drug interactions should you be taking one drug and then prescribed another drug. Some drugs can negatively interact with each other. So, the pharmacist is part of the check and balance system in medicine.

One Indiana woman went to a CVS pharmacy to fill a prescription for OsmoPrep, a drug that can negatively interact with Lisinopril, another drug she was taking. This interaction can potentially cause kidney damage or failure. The pharmacist failed to warn the woman, but she did not suffer kidney damage. However, she received a second prescription for OsmoPrep and this resulted in kidney failure. Now, this woman must undergo dialysis for a lifetime or attempt a kidney transplant.

This is why the Indiana Court of Appeals recently concluded that a pharmacist working in the Hendricks County CVS failed to fulfill his duty to either warn her of the side effects of the drug or withhold the medication.

It is vitally important for all consumers to read drug label and be familiar with the diseases that have been linked to the drug and listed as a side effect. Some of the names  of diseases may not sound alarming, but may be lethal in the end. For example, Steven’s Johnson Syndrome has been linked to Ibuprofen. The name Steven’s Johnson Syndrome may imply a slight syndrome and the risk may be very, very low but, Steven’s Johnson Syndrome is characterized by skin sloughing off of the body with the possibility of affecting organs. People with Steven’s Johnson Syndrome are often treated in burn units and progressively deteriorate over the course of a year or so until death.

It’s always wise to weigh the pros and cons of the medication you plan to take.

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

Indiana law about missed payments for child support indicates that a Class C felony charge can be submitted to the court is missed payments are in excess of $15,000, including one or more children. Such was the case recently for an Elkhart County Indiana man after a long battle. In this case, the father had moved to California following his divorce, but maintained joint custody of his children with his former wife. In 2001, the mother secured sole custody of the children. Yet, the ex-husband challenged the decision and a lengthy custody and support battle began.  During this time, the father did not pay child support and sought after assistance from federal courts. Soon, the Indiana court filed charges with two counts of Class C Felony against the father for unpaid child support in excess of $17,000. This decision was based on the Indiana Code Section 35-46-1-5(a).

In 2009, the father was arrested in California and extradited to Indiana. He was then placed in prison and attempted to represent himself as his own legal counsel. He experienced emotional issues during imprisonment which prompted the court to appoint a guardian ad litem to represent his interests. During an illness that the father suffered while in prison, the court held its final hearing about the case. The court decided to remove his second count for Class C felony nonsupport, but gave him a five-year sentence for the first count.

This is one serious example that indicates parents must pay child support. The risks associated with unpaid child support often become a reality for parents who do not pay child support. Indiana court systems may seem to work slowly, but eventually their work does catch up to people who do not abide by Indiana child support laws.

There are times that you can engage the courts to ask for assistance through difficult times, such as, financial hardship. In some cases, the courts will assist. Yet, every item relating to court situations must be seriously considered and addressed as the situation arises.

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

A Class I recall is the most serious type of recall, typically announcing the risk of a life threatening illness due to a defect in a product. Cardiologists and Risk Managers recently received notice that components in the Arstasis One Access System may fracture and/or separate which could result in an emergent life threatening situation.

The Arstasis One Access System is used to support a diagnostic test during upper leg catheterization procedures. The device supports the diagnostic test by providing access to the vascular system so the cardiologist can identify abnormalities in the vascular system.   The Arstasis One Access System also offers a means to help halt bleeding from the upper leg artery that is being tested.  Cardiologists and Risk Managers will be reporting any emergent situations, health issues or side effects that relate to the malfunction of the component sin the Arstasis One Access System to the FDA's MedWatch Safety Information and Adverse Event Reporting Program.

The Arstasis One Access Systems involved in this recall include: Models: AAD100, AAD101; Part Numbers: FG-02279, FG-03010; Lot Numbers: 09I10268, 1OC26337, 09J06281, 10C12334. These products were distributed for five months beginning May 14, 2010.

Cardiologists are not liable for defective products that cause harm to patients. Of course, all physicians take precautions by examining technology before use. However, physicians are not engineers and cannot be responsible for identifying defects in products. By the same token, sometimes physicians do discover defects, either by viewing an abnormality in the product or seeing a patient with an unusually expected complication following use of the product.

Medical device manufacturers are responsible and can be held liable for any defective product that causes serious injury or death to an individual.  So, there are lawyers who specifically handle cases involving defective medical devices.

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

The U.S. Department of Justice recently announced a conclusion from the Food and Drug Administration, Office of Criminal Investigations for the owner of JMM LLC, based out of Rhode Island, who smuggled erectile dysfunction drugs that were called Herbal Dietary Supplements from the People’s Republic of China.

The owner of JMM LLC pled guilty to the charges in the U.S. District Court in Providence, Rhode Island. This was after she imported literally thousands of Durasex and Super Sense One capsules that were mislabeled. U.S. District Court Chief Judge Mary M. Lisi accepted the guilty plea. The results were announced by U.S. Attorney Peter F. Neronha, Mark Dragonetti, Special Agent in Charge of the Food and Drug Administration (FDA), Office of Criminal Investigations, and Bruce M. Foucart, Special Agent in Charge of ICE's Homeland Security Investigations in Boston.

Between last quarter of 2006 and last quarter of 2008, JMM LLC, ordered Durasex and Super Sense One capsules from Chengdu Kang Quan Health Product Company, based out of China. The products had false shipping labels and/or invoices. The shipping label and invoices described the products as “Cinnamon Extract,” “Ginseng Extract,” or “Multivitamin samples”. Then, JMM LLC falsely labeled the packages as “Made in the U.S.A.” The packages bearing the false products were distributed to other distributors and retail stores throughout the U.S.

The allegations surfaced after Federal search warrants were executed through a cooperative effort, including:  R.I. FDA/OCI Task Force, comprised of agents from ICE – Homeland Security Investigations; Internal Revenue Service - Criminal Investigations Division; U.S. Postal Service Inspectors; Rhode Island State Police; North Providence Police; East Providence Police; and the Rhode Island Department of Attorney General. Investigators went to the company’s office and the owner’s home to seize thousands of packages of pills, labeling materials, computers and company documents.  Approximately two years later, the owner was arrested.

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