Indiana Injury And Family Lawyer Blog

March 18, 2011

Indiana Law for Gay Marriage Ban

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.

March 13, 2011

Indiana Home Buying Laws Get Tested

by Burton A. Padove

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.

March 12, 2011

Indiana Court Finds CVS Pharmacist Negligent

by Burton A. Padove

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.

March 10, 2011

Indiana Child Support Case Criminal Charge

by Burton A. Padove

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.

March 7, 2011

Cardiologists and Risk Managers Advised of Class I Recall

by Burton A. Padove

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.

March 3, 2011

Erectile Dysfunction Drugs Mislabeled as Herbal Dietary Supplements

by Burton A. Padove

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.

February 26, 2011

Neuro Resource Group Devices Accessories Recall

by Burton A. Padove

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.

February 23, 2011

Indiana and Illinois Food Recall

by Burton A. Padove

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.

February 19, 2011

Strawberry Banana Smoothies Recall

by Burton A. Padove

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.

February 15, 2011

Indiana Medical Malpractice Tips

by Burton A. Padove

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:

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