Indiana Injury And Family Lawyer Blog

Proton Pump Inhibitors, on a positive note, may allow people to reduce the risk of more serious medical conditions when acid in the stomach creates symptoms that may be more subtle than the consequence of being left untreated. People with erosive esophagitis, GERD, non-steroidal anti-inflammatory drug-induced ulcers, gastro esophageal reflux disease and small intestine ulcers may find relief using Proton Pump Inhibitors. Yet, the risk also has to weigh against the advantages when it comes to the use of drugs. Some people who have used Proton Pump Inhibitors for up to a year have developed osteoporosis and bone fractures. In fact, recent study demonstrates that long term use is associated with an increased risk of osteoporosis and bone fractures.

Physicians who prescribe Proton Pump Inhibitors closely monitor patients when they are prescribed a Proton Pump Inhibitor. Accordingly, physicians request that patients check in to let the physician know if the medication is working. Physicians may also request the patient return of the office for follow up evaluation after being on the medication for a week or so. Physicians may also prescribe other diagnostic tests to identify any other possible treatment plans that may be an adjunct to treatment or an alternative to treatment. Studies seem to indicate the risk is reduced when the medication is not used for more than 14 days, three times a year.

In essence, it’s wise to be certain you are aware of medication risks. It may also be important for you to know that medications that are less safe and less effective than alternatives are not meant to be approved by the Food and Drug Administration.

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.

It’s time to slip into your sneakers and get ready for a healthy run. The One America 500 Festival Mini-Marathon is set at the same time as the Legal Aid Centre of Eldoret, Kenya, known as the LACE Race. The Legal Aid Centre of Eldoret, Kenya is hoping to raise the number of participants in the race to help support their initiatives for the protection of civil and legal rights of those involved in the AMPATH program, a medical collaboration joining efforts of Indiana University and Moi University in Kenya. LACE supports legal guidance for those in need. LACE is committed to demonstrations of good will for the support of availability of legal counseling for those in need.

LACE needs runners’ support as well since civil rights for all people in Kenya need assistance that LACE is dedicating to providing. If you can sacrifice sweating clothes, minor back aches or other types of aches that runners may experience, it can be very worthwhile to sign up and train for the LACE run. After all, there are numerous rewards, including:

• Increased energy, as you release endorphins when you perform any activity in which you lift one foot off the floor interchangeably.
• Fat Burning, when you elevate your heart rate to a training heart rate by an activity in which you lift one foot off the floor interchangeably for at least 25 minutes.
• Mood Enhancing, endorphin release from running (also known as aerobic exercise) elevates your mood
• Heart Muscle Strengthening, because running is a cardiovascular exercise.
• A Sense of Accomplishment, after you train and then master the LACE Run.
• Increased Discipline, as the goal of the LACE race can help keep you on track.

So, you can enjoy many benefits by putting one foot in front of the other for the upcoming LACE Run.

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.

Benzocaine is used by babies to reduce teething pain and by adults for cancer sores or gum irritation. Yet, there has been a scare dating back to 2006 when many infants died and their deaths had been linked to benzocaine use. Now, since the death toll has risen to 319 deaths, the Food and Drug Administration has announced another warning about the use of benzocaine. In fact, Veteran’s Administration medical centers have abandoned the use of benzocaine.   As more organizations and people join together in the fight against the use of benzocaine, gels, sprays and  liquids, one day perhaps, all need not worry about the risk of a baby, typically younger than 2 years of age dying from benzocaine. Adults and seniors may also be at risk when it comes to benzocaine. If you or a loved one has had any of the below mentioned symptoms within two hours of taking benzocaine resulting in serious injury or death, you may be entitled to financial compensation due to a violation of your legal rights, including:

•   Headache

•  Dizziness or lightheadedness

•  Difficulty breathing or shortness of breath

•  Pale, gray or blue colored skin, lips, and nail beds

•  Fatigue

•  Rapid or irregular heartbeat.

Following the onset of the described symptoms, you or your loved one may develop Methemoglobinemia, a rare but sometimes fatal medical conditions that produces a rapid reduction in the oxygen supply to your bloodstream, serious enough to possibly result in death.

Benzocaine sprays may be referred to as Hurricane, Cetacaine, Exacta Cain, and Topex.

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.

Anytime you see an empty shelf at a drug store, your first inclination may be to think that the drug store has run short on supplies. So, you may look towards the right or left to see other products that you can choose from. In the case of Cold, Cough and Allergy over-the-counter drug products, you may have to scan your eyes further because over 20 Cold, Cough and Allergy over- the-counter drugs have been pulled from store shelves throughout the U.S.

This time the names of the drugs that are recalled may not be recognizable. There are many versions of cough, cold and allergy drugs that contain similar ingredients and the brand name of the drug may sound similar to the active ingredients listed on the label. It is some of these types of versions that have been recalled.

Anytime an active ingredient consists of a prescription strength concentration level, the drug must be properly evaluated for safety, effectiveness and quality. Independent clinical trials, often funded by the manufacturer, must be conducted to rule and identify risks, including risks for people considered in the high risk category. People in the high risk category are often people who take other medications because some prescription medications may harmfully interact with the over-the-counter product and/or other medications you are taking. People in the high risk category may also be people who have certain medical conditions which may make them more sensitive to the results of taking prescription or over-the-counter drugs.

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.

Indiana Superior Court recently partnered with IHCDA to provide a secure Internet portal to enhance faster, more efficient resolutions for mortgage lenders and people facing foreclosure.

The mortgage crisis has vastly affected thousands of lives, both from the prospective of the lender and the borrower.  The foreclosure process is often inhibited when people facing foreclosure are not aware of the documents required or know how to properly present documents that allow for a timely, efficient and mutually beneficial resolution to the foreclosure.

The Indiana based Internet portal enhances the chance of a successful settlement agreement by providing a means to bridge the information gap between mortgage lenders and borrowers challenged by foreclosure.    During the mediation process, borrowers will know how to submit documentation to housing lenders. This information is not part of the court process but meets requirement for settlement negotiations.

Indiana trial courts, Indiana Foreclosure Prevention Network counselor, and housing lender lawyers will have access to the secure portal, offering a means for all sides to exchange financial information necessary for successful settlement processes.  The portal will initially be accessible for settlement cases in St. Joseph and Marion Counties.

Indiana enacted a state law in 2009, allowing people facing foreclosure to have a legal right to settle differences with lenders. Since then, it has been identified that the vast majority of settlement outcomes were not successful because borrowers and lenders were not properly prepared. Lender employees didn’t have the authority to make settlement decisions and borrowers were not familiar with the type of paperwork necessary for settlement.

By 2010, The Indiana Supreme Court’s State Court Administration (STAD) partnered with the IHCDA to enhance the organization process. To date, the results have been impressive. Approximately, 40% of 1300 plus settlement conferences were successful.

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.

Pain pumps used during and/or following surgery for medical procedures are generally safe. In fact, advancements in pain pumps have taken the fear, anxiety and discomfort out of surgery for many people throughout the U.S.

At Padove Law, we like to keep you informed about recalls that may occur with many types of medical devices over time. Such is the case for a recent CLASS I RECALL announced by the Food and Drug Administration for Moog Medical pumps, including: Curlin 6000 CMS, Curlin 6000 CMS IOD, PainSmart, and PainSmart IOD.

Not all of the company’s medical devices were recalled, but a specific group that was distributed from May 2007 to February 2011. A CLASS I RECALL signifies the need for healthcare professionals to take immediate action to return affected models to the manufacture due to the discovered risk of serious injury or death that may result with the advent of an uncovered defect in the medical device.

The risk becomes evident when this medical device pump is triggered to signal an error message, denoted by, Error Code 45 (EC45). Error Code 45 is truly a message that indicates the pump is shutting down.   The Food and Drug Administration has reason to believe that the shutdown may pose a risk for serious injury or death. So, this is way that a recall is rated CLASS I.

To date, there have not been any reports of injury or death. So, the early detection of this defect may have saved lives.

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.

Indiana imposes stiff penalties for people with a DWI. Everyone today is likely to have heard the old adage, “No drinking and Driving”. Everyone today is likely to know the value associated with having a designated driver in your companionship on days or evening of drinking. Still not everyone knows the implications associated with a DWI in terms of personal injury to yourself or others. People injured by drunk drivers tend to experience some of the most debilitating injuries.

Are You A Drunk Driver? Know the Law

Generally speaking, if your blood alcohol level (BAC) is at .08% or more, you are considered a drunk driver in the state of Illinois. In addition, there is a special criterion for truck drivers or commercial vehicle drivers and people under 21 years of age. Truckers and commercial vehicles drivers may not exceed .04% in their blood content level. People under the age of 21 have a limit of .02%

Once a driver has reached or exceeded the specifications that qualify for a DWI, your quality of life may vastly change and so may the people who are also involved, if there is an accident. Furthermore, it is considered a felony offense if anyone of any age obtains a second offense or if serious personal injury to another individual occurs. DWI offenses that do not involve serious personal injury to another party result in license suspension for up to 5 years, depending upon the severity of the offense. First time DWI offenders in Indiana may be eligible for the deferment of penalties provided they complete an alcohol treatment program. DWI charges may be dismissed once the program is complete. Second time DWI convictions require mandatory prison sentence and felony convictions following three of more convictions require a 6 month minimum imprisonment.  Once a drunk driver is considered habitual, the prison sentences may be as long as five year or more.

People with DWI convictions may also be personally sued in cases involving personal injury to another party. People who have been seriously injured by a drunk driver are entitled to compensation for their injuries, including: loss of current and future wages, pain and suffering, medical expenses and the impact of the injury on other family members.

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.

Illinois has recently become the next state to embrace sales tax for retailers on the Internet. There are several other states in America that have also initiated sales taxation for Internet retailers based in their state. Over a year ago, Texas State billed Amazon for $269 million in back sales taxes due to the fact that the warehouse was located in Texas. Since then, several states have adopted the sales taxation for Internet retailers. Following receipt of the $289 million bill from the state of Texas, Amazon closed the warehouse in Texas.

Now this this form of Internet taxation has one become known as the Amazon Tax. Illinois Gov. Pat Quinn signed the legislation to generate cash flow from state sales taxes collections on the Internet. This law applies to online companies based out of Illinois, while conducting business on websites

• The Tax Foundation has not seen evidence to suggest that this type of taxation will generate substantial revenue for individual states.
• Illinois companies may be force to leave the state if estimations in taxation prove to be the threatening to the survival of the business.

The Internet has opened the door for people of every demographic to start a business. It is representative of the entrepreneurial spirit in the U.S. While some websites may create an Internet presence that suggests the company is large and revenue producing, there are many websites that are the actual store front of people working from home to contain costs through difficult economic times. Illinois Internet retailers may not be subject to the law if information demonstrates that the majority of the company’s business is not based in the state of Illinois.

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.

The 7th Circuit Court of Appeals indicated that an appeal may be dismissed when the law brief supporting validity of the claim does meet specifications for the appropriate word count.  Recently, Scott Memorial Hospital contended that a law brief for a False Claims Act lawsuit exceeded the word count limits by 4,000 words.  In fact, the Judge in the case remarked that heading, footnotes and quotations are all inclusive in final word counts. The Judge issued a warning for this case, but did conclude that the material in the law brief did not provide justification for the appeal.  In such cases, the oral presentations focused on stating the validity of appeals claims may be delayed when the descriptive law brief does not meet the guidelines of the court.

Law briefs must be presented in a clear and concise format. Law briefs must also deliver a clear and concise message, founded on the basis of facts, not propaganda. The best lawyers invest time and research into the preparation of law briefs to deliver informative useful information that supports the validity of the claim. There have been instances where people have attempted to prepare their own law briefs, only to be turned away causing delayed action, when the law brief does not meet the specifications of the court.

In law school, lawyers may take courses to learn how to properly write law briefs. They may participate in continuing education courses to be kept up-to-date with new laws and relative information that supports the justification for their clients’ law suits.  Failure to meet the requirements of the law and the guidelines of the court is considered flagrancy in the eyes of the law.

If you plan to see a lawyer for a potential lawsuit, it is wise to list all facts that support the validity of your claim. It is important to disclose any questionable information so that your lawyer can complete the most effective investigations to support the validity of your claim, while overcoming stumbling blocks.

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.

Garden of Life, LLC. distributes several products that have not been linked to a recall. However, the company recently voluntarily recalled its Vitamin Code Raw Vitamin C Dietary Supplement product because it may contain undeclared soy proteins that some people may be allergic to. The FDA has reported that less than 0.2% of children and adults are sensitive to soy, but for those who are allergic the risk may be great.

People with allergies to soy may experience an upset stomach, abdominal pain and in rare cases a serious allergic reaction that may be life threatening.

Garden of Life, LLC conducted a sample test to uncover that several packages showed positive for soy proteins.  This recalled product was produced by a manufacturer that is not owned by Garden of Life. Regardless, Garden of Life quality control practices are still in place for products that Garden of Life distributes.

The only affected lots were distrusted between March 2009 and January 2011 or are the remaining in expiry. The Raw Vitamin C product was available online and throughout the U.S. in retail outlets and stores.

If you are uncertain if your products are contaminated, you can go to the company website or bring your unused portion to the place of purchase to receive a full refund.

Food allergens are discovered in products on the market throughout the year. When these discoveries are made, manufacturers and distributers will typically voluntarily recall the product. This means that the product will be taken off the shelves of stores and will not be available on the Internet.  This also means that you can usually take the product back to the place of purchase for a refund.  Yet, unless you read recall notices such as this one, you may not be aware of products in your home that have been recalled.

Overall, the risk of a foodborne illness is rare. Yet, rare is relational to the total number of people affected by the recall, which may consequently still be a great number, depending upon the extent of distribution.

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.

Skippy® Reduced Fat Peanut Butter Spread By Unilever Recalled

Unilever recently announced that the company   recalled select packages of Skippy® Reduced Fat Peanut Butter Spread and Skippy® Reduced Fat Super Chunk Peanut Butter Spread because the company noticed that the identified packages may be contaminated with Salmonella.

Salmonella is an organism that has been linked to flu like symptoms. In rare cases, Salmonella may lead to a fatal infection. Seniors, children and people with weakened immune systems are particularly vulnerable.

Less severe symptoms associated with Salmonella are fever, diarrhea, bloody stool, nausea, vomiting and abdominal pain. More severe symptoms include: infections in the arteries, infected aneurysms, endocarditis and arthritis.

The product was also distributed throughout Arkansas, Connecticut, Delaware, Iowa, Maine, Minnesota, Missouri, Nebraska, New Hampshire, New Jersey, New York, North Dakota, Pennsylvania, Virginia and Wisconsin.

It is the 16.3 oz plastic jars with select UPC codes (located under the bar code) that have been pulled from the market, including:

* UPCs: 048001006812 and 048001006782

* Best-If-Used-By Dates: MAY1612LR1, MAY1712LR1, MAY1812LR1, MAY1912LR1, MAY2012LR1 and MAY2112LR1 (located on the jar lid)

Neither Unilever nor the FDA received any reports of illness or death, but a routine investigation at the Unilever plant demonstrated that the above mentioned products may be contaminated with Salmonella.

Consumers affected by the recall can contact Unilever and should report any illness to the FDA. All consumers with affected products should discard the product immediately and may request a replacement from the manufacturer.

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.