Indiana Injury And Family Lawyer Blog

July 15, 2011

ILLINOIS CLASS ACTION FILED FOR AVANDIA VICTIMS

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.

July 7, 2011

URGENT SAFETY NOTICE TO BASEBALL AND SOFTBALL PLAYERS

by Burton A. Padove

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.

July 2, 2011

Indiana Law Changes Affect Planned Parenthood

by Burton A. Padove

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.

July 1, 2011

NO TEXT AND DRIVING INDIANA ALERT

by Burton A. Padove

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.

June 4, 2011

Medical Device Recalls

by Burton A. Padove

Medical device recalls do occur so it is important to know that if you are in need of a medical procedure, it’s not a bad idea to ask the physician the following questions:

1) How long the technology been available?

2) Have there been any recalls associated with the technology?

May 25, 2011

Indiana Physician Sited for Charging Patients for Treatment Not Rendered

by Burton A. Padove

Indiana physician Mark Weinberger must now contend with over 20 criminal counts of billing insured patients for treatment he did not perform. The U.S. Judge Philip Simon in the Northern District of Indiana recently rejected a plea agreement in which Mark Weinberger’s attorney suggested he receive four years in prison for his dishonest behavior. Collectively, all charges suggest that Mark Weinberger may be facing 220 years in prison to account for every break in the law. The District’s chief judge concluded that four years in prison was not substantial enough to cover over $300,000 in damages resulting from his behavior.

The precise charges that Weinberger faces is that he committed fraudulent billing, during the time that he directed the Merrillville Center for Advanced Surgery LLC and Nose and Sinus Center LLC. In addition, he is facing hundreds of medical mal practice claims and nearly 6 million in creditor claims. The story first began in 2004 when one of his patients died and he abandoned the country days later. His return to the U.S. did not go without a hunt because he failed to surface until he was discovered five years later in the Italian Alps.

Federal court docket records reflect that the plea deal was too lenient in light of the devastation that was caused by his actions.

May 21, 2011

Pharmacy Mistakes: Be Aware

by Burton A. Padove

Pharmacy mistakes have been vastly reduced with the assistance of computerized systems that monitor and track patient data, including: past medication history, current medication history, and the potential interaction between drugs, including: side effects associated with drugs you are taking or will be taking.

This provides for labels to be automatically printed with vital information to help you make well informed decisions about the medications you are taking or plan to take. Pharmacists are then obliged to review information about new medications you are taking and remind you about pertinent information regarding medications you have already taken, if necessary.

This system helps to reduce the risk that you will suffer from a complication if you take more than one drug since some drugs negatively interact with each other. This system also helps to inform you about restrictions while taking medications and ways to possibly reduce risks from medications. Your physician will also consider other drugs you are taking and possible side effects before writing a prescription for a new drug.

May 19, 2011

Dog Bite Prevention Tactics

by Burton A. Padove

With over 4 million dog bites each year, and the majority resulting in the requirement of medical attention, dog bite prevention tactics can be helpful.

Aggressive dogs are considered aggressive when they growl, bark, or lunge forward. There are also specific cases when dogs tend to be more aggressive, including:

• Some dogs become aggressive to protect their property or dog owner.

May 18, 2011

Drug Take Back Day

by Burton A. Padove

Drug Take Back Day was in April set by The American Association of Poison Control Centers. Yet, Drug Take Back Day can be every time you complete taking medication to help ensure your medications do not get into the wrong hands or are resold to someone who may be at risk of injury if they take the drug. This is particularly true for narcotics which are associated with risks when not closely monitored by a physician.

Pill abuse and theft is more common than you may think. Medications were the leading cause of poisonous death in 2009. The vast majority of deaths were adults. The National Survey on Drug Use and Health in 2009 noted that more Americans abuse prescription drugs than the number of Americans that abuse cocaine, hallucinogens and heroin combined.

Proper disposal of expired, unused or unwanted prescription drugs is critically important to prevent abuse and theft. In fact, all medications should be properly stored in your home while you are taking them to ensure they do not get in the hands of your children or other outsiders that are not familiar with proper use, drug interactions, risks or possible side effects.

May 12, 2011

Mass Transit Vehicle Accidents

by Burton A. Padove

Mass transit vehicle accidents fall into a different category when compared to auto accidents. From school busses, to municipal transport, governmental mass transit systems, and private mass transport, the laws protecting the rights of victims in mass transit accidents depends, in part, on the type of transportation and the respective insurance coverage.

Obviously, there are more risks involved with transporting a large number of passengers. In terms of liability for mass transit accidents, governmental laws offer immunity. In some cases, the degree of liability varies as well. State statutes typically govern the laws regarding mass transit accidents. This is why it is extremely important to seek out the advice of a personal injury attorney who is familiar with the laws of mass transit. He or she will investigate your case to determine the validity of your claim in the eyes of the law. Once the preliminary investigation, called the discovery period, is complete, a lawsuit may be filed against suspected liable parties.

Liable parties may include other vehicles involved in the accident, property that created an obstacle and caused the accident, or any other variable that was a factor in the mass transit accident. In the end, there may be limits to liability, but appropriate compensation to ease the burden from suffering following an accident can be comforting with the assistance of a personal injury attorney.

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