Indiana Injury And Family Lawyer Blog

Lawsuits involving the manufacturer of Chantix surfaced appropriate two years ago when it was discovered that there was a high number of people who demonstrated hostility, violence, were at risk for suicide or committed suicide following use of the quit-smoking drug. In short, an elevated number of people using Chantix experienced one or more types of psychotic behaviors following use of the drug.

Recently, a Vermont man using Chantix murdered his mother and Chantix has been a focus in this litigation. The plaintiff’s attorneys contended that the man was under the influence of Chantix when he murdered his mother. This Vermont man is now facing seven to fifteen years in prison.

Since it was first discovered the Chantix is linked to psychotic behavior, Pfizer, the manufacturer, was required to place a black box warning on the drug label. Chantix was approved by the FDA

in 2007. The first reports of violent behavior linked to Chantix were documented in 2007.

The Vermont man who murdered his mother visited his physician roughly three weeks before the murder complaining of odd and unusual behavior. The physician had taken the Vermont man off the Chantix. The suspected effects of Chantix once someone is in a psychotic state, depend upon the extent of psychosis. Some people who are in a psychotic state are hospitalized to treat psychotic symptoms. Other people are closely monitored and expected to the return to their physician’s office, if symptoms persist or become worse.

People who display psychotic symptoms must be closely monitored by family members or surrounding loved ones as people who have psychotic symptoms may not be helpless without assistance through intervention. A psychotic state may also be called psychosis, which is typically treated on an in-patient basis or sometimes an out-patient basis, depending upon the extent of the psychosis. Medications to treat psychosis may take up to three weeks to experience benefits. In some cases, medications may need to be adjusted or changed once initial results can be quantified.

There is no scientific data to demonstrate the link between Chantix and psychotic episodes. However, France has taken Chantix off the market and the U.S. had issued s black box warning, which is the most serious type of warning for a drug label.

Risperdal and Requipare are two medications that have caused confusion in both people dispensing the medication and those receiving the medications. Both generic and brand names, risperidone (Risperdal) and ropinirole (Requip), have sounded similarly enough that the wrong medication has been dispensed to over 200 people. In several of these cases, people had to be hospitalized. The carton label and packaging are also similar, adding to the confusion. Pharmacists may have also misinterpreted the handwriting of the physicians who prescribed the medication since the names are spelled similarly. The drug strengths, dosages and times of day requirements for taking the drug are also similar. However, the two drugs are very different, as follows:

* Risperidone (Risperdal) is an antipsychotic drug that is prescribed for the treatment of schizophrenia, bipolar disorder, and irritability associated with autistic disorder.

* Ropinirole (Requip) is a dopamine type of drug that is prescribed for the treatment of Parkinson’s disease and Restless Legs Syndrome.

Patients using these drugs are advised to be very cautious and double check their medications at the time of dispensing at the pharmacy. Patients are advised to check their medications at home. Physicians have been reminded to clearly print out the drug name and the reason for the prescription.

Pharmacists are very careful to dispense appropriate medications. They have check and balance systems in place to prevent dispensing the wrong medication. Yet, the risk of dispensing the wrong medication in this case is high when compared to other drugs. As such, you can ask your pharmacist

why you need to take the drug. In this way, you will know firsthand if the drug you received is the drug you are supposed to be taking. Pharmacists do know he reasons why specific drugs are dispended and can be helpful in this manner.

The FDA is requesting that the manufacturers of Requip (GlaxoSmithKline), Risperdal (Johnson & Johnson), and the generic ropinirole and risperidone products take action to prevent confusion in the future.

Patient Tips for Prescription Drug Use

Prescription drugs are often a target of litigation for a variety of reasons. In some cases, risks relating to prescription drugs are not disclosed to the patient through the drug label so patients cannot truly make an informed decision about the drug to weigh the risks against the benefits. In these cases, a lawsuit may be appropriate if the patient experiences a serious illness when the risk becomes a reality. In other cases, the drugs are not properly manufactured which may lead to an improper dosage that may pose a risk to a patient. There are other several reasons why a lawsuit may be brought against the manufacturer of a drug when it relates to a life threatening illness that a patient encounters after taking the drug. So, the following tips are designed to assist in in preventing the risk of a life threatening illness from a prescription medication.

* Ask you physician to describe the risks and benefits associated with the medications you are being prescribed.

* View your prescription before you leave your physician’s office. If the names of the drug, dosage or directions are not

legible to you, ask the physician to clarify and write it down for your own records.

* When you receive your medication, ask the pharmacist to describe what you are taking the medication for and review the instructions with them.

* Check your drug tablets to see if they are the same as you have received in the past.

* If you experience side effects from a drug, report it to your physician immediately.

Indiana citizens no longer have the right to resist police from entering the home. Formerly, Indiana citizens had the right to not allow police officers to enter private homes if the resident indicated it was not their preference for any reason. This new case law came about after justices were faced with a decision to make in May when police officers had to respond to a domestic disturbance. Of course, in a situation, such as described, the preservation of all citizens’ rights and the protection of all citizens are the top priorities for police officers. As such, the court decided it was in the best interest of all parties to abolish the law, meaning that citizens cannot resist police entry into private homes when police officers deem entrance necessary.

In summation, it is unlawful for citizens to resist requests from police by blocking entry to places that police wish to enter. Police officers have the right to file charges against people who interfere with the proper execution of the law. Failure to cooperate with the police and violation of the law may result in a misdemeanor. In heated situations, like domestic disturbance or violence, there have been instances where people have attempted to block entry of the police not their residences. It is this type of inappropriate judgment that has caused the courts to step up to revisit the situation and adjust the law accordingly. Indiana law changes are swift when necessary.

Indiana tax modifications of numerous types took effect on January 1, 2011. These modifications relate to environmental remediation expenses, charitable retirement plan distributions, qualified tuition and fees, student loan interest, annual employer exclusions, transportation fringe benefits, educational expense exclusions, transportation fringe benefits, start-up expenditures, and depreciation of leasehold improvement.

Indiana tax modifications are, for the time being, temporary, and may return to original Indiana tax laws in several areas by 2015 and 2025. Though the tax modifications have been designed to reduce expenses, individual tax rates are higher than the 2010 rate. The Illinois tax rate also escalated for trusts and estates.

Taxes are a topic of concern for all Americans today. Tax laws are very specific for individuals and corporations. Laws relating to payment of taxes are also very specific. Tax payments and negotiations for payments plans are very different when compared to credit cards companies, utilities and any other type of business that you may develop a payment plan with. When payment plans for taxes are developed, income needs to be evaluated, expenses are considered and several other factors may play a role in the outcome the payment plan. It is very important to stay on top of taxes with the best form of preparation. Accountants are the best assistants to help prepare your taxes. It is very important to meet deadlines and fulfill your agreements with the IRS on the state and federal level. If you cannot make

Your state or federal tax payments, it is important to call the appropriate tax authority for a payment plan.

Humira, manufactured by Abbott for the treatment of arthritis, has been known to cause a fungal infection, which may be life threatening in certain people who may be considered candidates for the medication. Since all medications have some level of risk,  this may not be a surprise. Yet, what is a surprise is that some suspect that Abbott did not disclose this risk to the public until after the company had distributed the medication nationwide.

In 2010, Abbott Laboratories filed a letter to make physicians aware of the risk of fungal infection associated with Humira use. However, some contend that Abbott knew about the risk of fungal infection for quite some time before the company issued the warning to physicians.   In 2008, the FDA required Abbott to warn physicians about several fatal risks associated with Humira, such as, Histoplasmosis.

Other side effects associated with Humira include: optic nerve damage, lymphoma, vision issues and other nerve damage.

In 2003, Abbott released Humira for the treatment of Arthritis. Since  then, Humira has been used for the treatment of several other illnesses. The annual sales for Humira are suspected to be over $6 billion.  FDA investigations about approved drugs occur over time. The FDA gathers adverse event reports provided by physicians and patients as the adverse events occur.  When the adverse events reports demonstrate a red flag indicator, the FDA further investigates and may issue warnings or request corrective action on the part of the manufacturer or distributor, depending upon the suspected responsible parties.  Numerous law uits have already been filed.

Burton A. Padove represents and obtains damage compensation for injury victims of negligence caused by defective drugs,  defective premises, nursing home abuse malpractice and those involved in truck and car accidents,.   He is licensed in Illinois and Indiana and Padove Law accepts inquiries nationally, although Burton  focuses his work primarily within 200 miles of Chicago including its suburbs in Cook, Will, DuPage, and Lake Counties  Illinois, Lake and Porter Counties in Indiana and Indianapolis and Marion County, Indiana.   He can be reached at (219) 836 2200

Class Action Suit for Avandia in Illinois

Avandia is a target for over 40 lawsuits filed in Illinois that were filed in St. Clair County Circuit Court in May 2011. There are many other lawsuits throughout the U.S. against the makers of Avandia, a diabetes medication linked to cardiovascular disease and heart attack manufactured by GlaxoSmithKline. It is contended that GlaxoSmithKline aware of the risk in 2005 but did not properly inform the public. Therefore, people were not permitted to make a well informed decision about the benefits and risks associated with the drug.  The most recent Avandia lawsuits filed in Illinois account for an estimated$600,000 in damages. 

Approximately four years ago, The New England Journal of Medicine released a report demonstrating the risk of cardiovascular issues associated with Avandia. The FDA then issued a black box warning about the risk of cardiovascular issues.   The injuries that people using Avandia have experienced include: congestive heart failure, heart attack, stroke, liver failure, bone fractures, vision loss and death.  Despite the request from several interested parties to remove the drug from the consumer market, Avandia has never been recalled in the U.S. Instead, the FDA issued restrictions on the purchase of Avandia. The restrictions include that Avandia only be available at specific pharmacies. People interested in taking Avandia must participate in an educational program about the drug.

GlaxoSmithKline has settled out of court for many cases involving Avandia. The vast majority of the settlements focused on the contention that GlaxoSmithKline was aware of the risk, but did not inform the public.  

If you, your family or a friend are victims of Avandia side effects and need to protect their legal rights, contact PADOVE LAW, toll free at (877) 446 5294 for a free consultation.  Burton Padove is licensed in Illinois and Indiana and is ready to assist you.

RECALL ON MIZUNO BASEBALL AND SOFTBALL GLOVES

The U.S. Consumer Product Safety Commission, in cooperation with Mizuno, today announced a voluntary recall of Mizuno Supreme Series and Ballpark Pro baseball and softball gloves.   Consumers should stop using recalled products immediately unless otherwise instructed.   It is illegal to resell or attempt to resell a recalled consumer product.

Some gloves were found to contain a variety of molds that could cause respiratory or other infections in persons suffering with chronic health problems, or in individuals who have impaired immune systems.

Description: The recalled items are leather Mizuno baseball and softball gloves. The gloves have a sewn-in white label on the heel of the glove with the words “Made in Vietnam” and the model number.  Supreme Series gloves affected are further identified by the date code imprinted on the heel of the glove near the thumb opening.  A list of the models can be obtained at the Consumer Product Safety Commission’s Web Site www.saferproducts.gov,  

The products were sold at Walmart and Target stores nationwide from April 2010 through May 2011 for between $24 and $60.Co  nsumers should immediately stop using the gloves and contact Mizuno USA to receive a full refund at (800) 451-7913 between 8:30 a.m. and 5:30 p.m. ET Monday through Friday.

Burton A. Padove is an attorney who provides a variety of recall information to help prevent serious injuries and health issues caused by defective drugs, medical devices and consumer products.  He is licensed to practice law in Illinois and Indiana and has been assisting injury, auto and truck accident and malpractice victims for over 30 years.  He can be reached at (219) 836 2200.

The Indiana Legislature has decided to take away the allocation for public funding for Planned Parenthood recently, a notable change in the new abortion law. Indiana is now the first state that will not provide funding for abortions. Planned Parenthood funding has been eliminated effectively immediately.  In fact, soon Medicaid patients may be a risk of a cut off from services as well.

This Indiana law means that it is also the first state to deny Medicaid funds for preventive health services as well, including:  gynecological pap smears and breast exams.  Missouri and Texas have also eliminated Medicaid grants for family planning. The Indiana Right to Life program also supports this claim.

Indiana abortions are also banned following the 20^th week of pregnancy unless the pregnant woman is at risk of a life threatening illness.

Indiana law changes may be coming about in several other areas as well. There are several bills that have been signed into law.  The goal in the modifications of laws is to better meet the needs of people overall in Indiana. For example, there are several tax laws that have shifted on topics relating to: environmental remediation, retirement planning, schooling, student loans, fringe benefits, and several other areas.

When bills are introduced, there are lobbyists and other interested parties that advocate for the bill to be made into law. At times, this process can be time consuming over the course of months or years. More recently, several bills have transformed into law at a speedier pace. This may be due, part, for the need to reevaluate economic forecasts in Indiana swiftly in order to respond to   current economic demands.

For all of your legal needs,   contact Burton Padove at Padove Law,  Highland Indiana at (219) 836 2200.  You may email Burt Padove at padovelaw@gmail.com or Burtonap@aol.com

          Effective today, it is now illegal to text or email and drive in Indiana.   Doing so is now an infraction subjecting the unsafe and negligent driver to a $500 fine.  It is hoped that the new law will lessen driver distraction and decrease many car accidents caused by the failure of drivers to keep a proper lookout as they read, text and drive.

 Indiana lawmakers indicated that the law against texting will prevent many auto accidents especially among teenagers that can cause serious injuries, damages and even wrongful deaths.  However, the law does not prohibit game playing, picture taking and even surfing while driving! 

  Fortunately, Indiana has other laws that an injury lawyer can rely upon in helping clients.  A distracted driver may not realize that they are speeding or approaching areas that require speed reduction for the safety of other drivers and their own passengers.  The Indiana Vehicle Code requires that the driver of each vehicle shall, drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, approaching and going around a curve, or hill crest,  while traveling upon a narrow or winding roadway and when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions. 

The Indiana Code also requires a driver to recognize and note  actual and potential hazards then existing and adjust his or her dirving accordingly.  Speed must be restricted as necessary to avoid colliding with a person, vehicle, or other conveyance on, near, or entering a highway in compliance with legal requirements and with the duty of all persons to use due care.   A distracted driver by defintition is not using due care and may not be able to recognize the hazards and conditions on the road.

Passengers can be held responsible also.  If a passenger is  using the playing games on the phone with the driver or showing texts or material with the driver on the phone, the passenger can be sued.  A passenger in a vehicle or street car may not interfere with the person's control over the driving mechanism of the vehicle or street car.

Victims who have suffered injuries caused by drivers using their cell phones for activities other than emailing and texting  are entitled to compensation for damages that may include lost wages, medical expenses, disability, disfigurement and pain and suffering.   

Attorney Burton A. Padove represents car and truck crash and accident victims throughout Indiana and Illinois including Lake, Jasper, Newton, Porter and Cook Counties.   He is located in Highland Indiana and can be contacted at (219) 836 2200  His email is padovelaw@gmail.com.  For more information visit his website at www.indianpersonalinjurylawyer.net or www.padovelaw.com.