Indiana Injury Lawyer Blog

Toyota Crisis Just One Example of Why Indiana Needs Trial Lawyers

2010-03-04T10:23:19Z

In all the attention that the Toyota acceleration crisis has received, one fact has become clear – the role of trial lawyers in protecting consumers when companies fail to respond to safety concerns, and federal agencies entrusted with protecting the consumer, dither in their duty to keep defective products off the market.

In Toyota’s case, reports of unintended acceleration in its vehicles began surfacing as far back as 2002, when the company first introduced its bestselling electronic throttle control systems. The National Highway Traffic Safety Administration however, failed to find the issue serious enough to warrant a recall. It took the deaths of four people in a San Diego accident involving a Lexus for the NHTSA and Toyota to admit that there was a problem.

]]> As this piece in the Wall Street Journal shows, it’s not just the NHTSA that has failed to ensure consumer safety. The list of problems and safety issues that the Food and Drug Administration suffers from, warrants a series of posts on its own. That agency is plagued by accusations of corruption, infighting, severe paucity of funds and the lack of resources to function in a globalized world, where key ingredients for pharmaceutical drugs are manufactured in countries like China. These concerns were made evident at the Consumer Product Safety Commission during the lead toy scare of 2007, when dozens of toy models manufactured overseas were found to contain dangerously high levels of lead.

As the economy continues to flounder, and companies look for more ways to cut costs, product liability lawyers in Indiana can expect to come across more instances of corporate penny-pinching with disastrous results for the consumer in Indianapolis and the surrounding area. The agencies that are meant to regulate these industries admit quite frankly, that limited resources and other factors restrict the kind of quality they can guarantee Americans.

In a climate like this, product liability lawsuits are the only check that can keep manufacturers on their toes. A survey of CEOs in 1988 showed that
• 1/3rd of companies improved their product lines because of the threat of product liability lawsuits.
• 35 percent of the companies improved safety because of these threats.
• 47 percent of the companies improved the efficiency of their consumer safety warnings.

These changes have been possible because of oft-reviled trial lawyers willing to put companies on the stand, to answer for their safety records.

So, the next time you hear the tort reform brigade indulge in their usual hysterics, remember the bumper sticker that came out after the exploding Ford Pinto scandal of the 70’s – "If This Car Doesn’t Explode on Impact, Thank a Trial Lawyer!”

How Indiana Patients Can Prevent Central Line Infections

2010-02-26T00:48:07Z

Patients still struggle to determine a hospital’s safety based on its infection rates. However, things are slowly changing for the better. More and more hospitals are beginning to report their infection rates. Approximately, 1,500 hospitals report infection data to the Centers for Disease Control and Prevention. However, these reports are strictly confidential. The Agency of Health Care Research and Quality also collects data from hospitals in 42 states, but these hospitals are not named.

The Leapfrog website reports patient safety ratings, allowing you to screen hospitals in any city in Indiana, and compare ratings. Simply enter your search preferences (city/state) and wait for the listings. Follow THIS LINK to see an example of hospitals in Indianapolis.

]]> If you cannot choose your hospital, make your concerns about central line infections apparent to your care givers. Consumers Union’s Safe Patients Project has advice for patients and their families to protect against infection risks.

• Insist that all care givers wash their hands with soap before touching the patient.
• Care givers must also wear sterile gloves before touching the catheter.
• Care givers must follow the checklist, and remove invasive devices like central lines and tubes, as soon as they are not needed anymore.

Also, ask if your care givers are following the Pronovost checklist. The checklist includes the following steps

• Wash hands with soap and water or an alcohol-based solution. This must be done before and after a patient examination, and inserting and dressing catheters.
• Disinfect the skin before inserting the catheter, and while changing the dressing.
• Use full precautions, including wearing a mask, cap, and sterile gown.
• Cover the patient with a sterile sheet.
• If possible, use another subclavian site for placing the catheter. As far as possible, avoid placing it in the groin area, which tends to be more susceptible to infections.
• Remove all unnecessary catheters and tubes

Adopting the checklist as standard procedure may not be easy, but as hospitals have seen and medical malpractice attorneys in Indiana know, recognition and constant reiteration of the checklist can eventually lead to safer protocols that can help avoid these preventable infections.

Indiana Hospitals Can Prevent Deadly Central Line Infections

2010-02-18T23:24:06Z

Every year, one particular type of medical infection kills approximately 30 percent of the estimated 99,000 people who died from hospital infections. Consumer Reports is discussing how hospitals around the country including Indiana hospitals, have been able bring down these infection rates through simple steps.

These infections are central line infections, and they are introduced through intravenous catheters that allow intensive care patients to receive medication, nutrients and fluids. The central lines have long catheters inserted into a large vein connected to the heart. These are different from regular IV lines, and can stay in place for months.

]]> However, for infections to be prevented, it’s important that the strictest conditions of sterility be maintained. Because the central line may be touched more than once in a day to provide medications or nutrients, the chances of contamination are high. The speed with which the central line can deliver medications, fluids and nutrition also mean a speedier transmission of bloodstream infections, when bacteria are introduced through these lines. An infection of the blood stream can cause sepsis, characterized by high fever, shaking and delirium. Up to 60 percent of patients, who contract sepsis, die.

Earlier, doctors believed that these infections were part of the risk of intensive care, but now several hospitals have shown that these infection rates can be lowered, and even eliminated by following simple procedures, like checklists. Peter Pronovost at John Hopkins developed a check list that if used by doctors, nurses and other healthcare professionals, can bring down the rates of these infections. This simple checklist can reduce the incidence of central line-linked blood stream infections by up to 66 percent.

Last year, the Health and Human Services Secretary called on all hospitals in the country to adopt the checklist. Unfortunately, not all do and not surprisingly to Indiana medical malpractice attorneys these facilities often tend to have higher rates of these infections than hospitals that do have checklist procedures firmly in place.

Types and Causes of Radiation Errors

2010-02-11T22:11:27Z

Indiana medical malpractice cases involving radiation errors are extremely technical and complicated. One reason is because there isn’t just one way in which a radiation error can occur. With new medical technologies, using radioactive rays to diagnose and treat, and a continued paucity of training and oversight, the types and sources of these errors have increased.

The types of errors have been numerous.

]]> • Errors have occurred due to malfunctioning ultrasound machines.
• Radioactive seed therapy has gone wrong because seeds were planted in the wrong location.
• Treatment schedules have not been followed strictly.
• Treatments devised for one patient have been given to another.
• The wrong body parts have been radiated. This has happened because the system was set up incorrectly, or system warnings were ignored. In other cases, therapists have wrongly entered coordinates, or have used a template from a previous treatment cycle to implement a current treatment.
• Dosage errors have been some of the most frequent radiation mistakes. These have occurred because of
• Improper configuration of beam adjusting systems
• Failure by medical physicists to perform a chart check
• Lack of training of temporary and permanent staff
• Faulty dose verification methods

Several factors have combined to generate this crisis in radiation treatment.

• Hospitals have been too quick to rely on computers, even in the case of technologies that are new and need to be tested further.
• Manufacturers have failed to provide foolproof technical safeguards that can prevent the equipment from being used when these have been wrongly set up.
• Federal agencies have failed to regulate the market for these devices.
• Safety protocols that were in place earlier, have become outdated, and are not adequate for new technologies.
• Training of radiation therapists, medical physicists and other technical staff has been inadequate in many states.
• In some cases, unqualified medical physicists have been able to slip through the cracks, and find employment at hospitals.
• Hospitals operate in a culture that encourages hierarchical subservience, where a therapist who notices a wrong dose doesn’t question it, or inform the doctor about it.
• There have been staffing problems, with shortages resulting in overstressed, sleep deprived technicians who are more likely to make errors.
• State and federal regulators have failed to set standards, and define responsibilities.

None of these issues are without remedy, but it will take an overhaul of the radiation technology industry, revision of safety protocols and training processes, as well as greater federal involvement, to set stronger standards and prevent these errors.

Indianapolis Radiation Therapies Offer Hope, But Also Present Risk of Injuries

2010-02-04T19:51:06Z

New radiation technologies are offering patients more focused and precise treatment, but as a series of investigative reports in the New York Times shows, lack of safeguards, software flaws, faulty programming, poor safety procedures or inadequate staffing and training are causing these technologies to harm the very patients they are meant to treat.

The New York Times profiles a series of radiation errors involving new, more advanced and highly sophisticated machines capable of delivering a treatment called Intensity Modulated Radiation Therapy (IMRT). The errors have included overdoses caused by poorly configured systems, radiation that misses all or part of the target or is focused on the wrong part of the body and other errors. With these increasingly sophisticated radiation tools, you would think that the margin for errors would be virtually nil. In fact, as the NYT reports, the complexity of the machines that deliver the radiation, combined with the failure of hospitals to implement processes that catch errors in time and poorly trained staff, have all helped create a “crisis” situation.

]]> The results of these oversights have been appalling. In one case involving a breast cancer patient from New York, the overdose was 3 times the prescribed amount, and continued across a staggering 27 days, undetected. In another case, a Louisiana patient received 38 consecutive overdoses, each one more than double the prescribed amount. There are more such heartbreaking accounts of victims who have suffered debilitating injuries and death profiled in the NYT.

As Indiana medical malpractice lawyers, we have a few questions about the manner in which these injuries occurred.

• Why have hospitals promoted the use of these machines if they have lacked the resources to use them safely?
• Why have hospitals pushed these highly advanced machines into service so quickly, unleashing them on large numbers of unsuspecting patients, considering that the technology is so new? One Louisiana patient was blasted with a major overdose, even as training instructors were teaching hospital staff how to use the machine.
• What was the caliber of training offered to medical physicists and technicians in charge of operating these complex machines? In one instance, staff failed to notice warning messages blinking on the screen, for a shocking three consecutive days.

As product liability lawyers in Indiana, we also have questions about the wisdom in designing high intensity, radiation-emitting machines that are not configured to shut down when there is a programming error.

How is it possible that a machine this powerful comes with threadbare safeguards that fail to prevent radiation in case of mistakes? In many of these injuries, over radiation could have been avoided, if there had been a safeguard or device in place to shut the machine down and prevent operation, in case of errors in configuration.

Radiation therapy has undeniable benefits for patients, and errors are few when you consider the vast numbers of patients that are treated with these technologies. However, many of these injuries that have occurred have been extremely serious and were totally preventable.

When you further understand that there have been not the errors of individuals but multiple errors continuing for weeks, you have to wonder if it isn’t time for promoters of these therapies, equipment manufacturers, hospitals, and oncology clinics to step back and revise the manner in which these machines are being used so that the preventable errors are avoided.

Indianapolis Furnace Blamed for Devastating Fire

2010-01-31T19:41:24Z

Indianapolis resident, Alice Helterbrand woke to a shock early Sunday morning when her furnace exploded, causing the total destruction of her home and the loss of several exotic birds. The explosion was so destructive that Ms. Helterbrand had to be rescued by neighbors through a hole in her wall. The home was determined to be a total loss, estimated at a value of $140,000. A neighboring home suffered about $20,000 in damage due to the flames and heat.

Helterbrand’s daughter informed officials that the furnace had been making a funny sound for several days.

Miraculously, no one suffered serious personal injured, as all other family members were staying with friends for the night.

]]> While no life was lost, this fire is a sobering reminder of the destruction that can come from fire. As Indiana personal injury attorneys, we encourage residents to take fire safety seriously. Smoke detectors and extinguishers are important equipment that every home should have. Regular furnace maintenance is also an important part of preventing home fires. That is why we are pleased that Indianapolis’ local gas utility, Vectren Energy, provides some good advice for keeping customers safe in these cold, winter days.

If you smell gas, you should leave your home immediately and seek assistance by utility professionals. Do not return home until the utility company has confirmed that it is safe to do so. Even a small gas leak may result in an explosion. In addition, Vectren suggests the following if you smell gas you should avoid using the phone, electrical items (light switches and appliances), or to relight the pilot light.

In addition, it is important to have your gas appliances in proper working order. Before winter arrives, it is a good idea to have your furnace serviced by a qualified professional heating contractor. Replace dirty furnace filters, worn belts, broken switches, and manual thermostats as necessary.

In addition to regular maintenance, a homeowner can follow these simple steps to prevent furnace fires:
- Keep the area around your furnace clean.
- Keep the burner clean.
- Lubricate motors and bearings .
- Remove anything close to the vent pipe.
- Keep house vents open to prevent unnecessary restriction to the furnace.
- Keep paint and gasoline away from the furnace.

Safe Driving Tips for Indiana Parents

2010-01-28T21:09:20Z

You can have laws against using cell phones while driving to prevent auto accidents. In fact, if all goes well, Indiana will soon have a ban on text messaging while driving. However, what do you do about the nonstop distractions parents face every day as they drive their children to school, and elsewhere?

For too long, the topic of distracted driving has focused on the distractions to teenagers and adults from the use of cell phones. Every day however, thousands of Indiana moms and dads drive their children to play groups, tennis lessons recitals, ballet classes, playgrounds, and more. These trips are filled with noise, tantrums and seemingly nonstop whining. They also cause the parent who is driving to experience severe stress, possibly affecting his or her driving abilities.

]]> Consumer Reports has some ideas for parents to tune out distractions and drive safely with their kids.

• Pack plenty of snacks, toys and board games for the kids. Plan according to the duration of the journey. A day-long trip will require a variety of games and enough snacks and drinks to keep the kids from being bored.
• Switch off the cell phone while driving the car.
• Cultivate selective deafness. Tune out the noise, and don’t feel like you HAVE to turn around and tend to your kids when the car is in motion, unless you really need to.
• If the decibel levels are getting too high to concentrate on the road, pull over and deal with the situation before you start driving again. Remember, a stressed-out highly strung driver will be at a higher risk of errors and accidents.
• Whatever the distractions, make sure that your hands are on the steering wheel, and your eyes are focused on the road every second.
• Educate your children about safe behavior inside a car. Younger kids may not be receptive to this, but older children aged above 7 can be taught that drivers must not be distracted while they are driving.

Studies in the UK have shown that children in the car are the single biggest distraction for motorists - bigger than GPS systems and hand held cell phones. As Indiana personal injury lawyers and parents who’ve been there, we have to agree.

Nationwide, approximately 30 percent of deaths occur because of distracted driving. There is no breakdown of crash figures for distracted parents, but those numbers are probably very high and unreported, because a parent isn’t likely to blame his kids for a crash. With children being more vulnerable to injuries in an accident, it’s even more important that parents tune out distractions and drive safely.

Indiana Tractor-Trailer Accident Takes Two Lives

2010-01-27T19:20:32Z

Indiana residents were again reminded of the devastation caused by semi tractor-trailer accidents when they awoke last Sunday to the news of a crash involving a tractor-trailer and a passenger van.

According to early reports, a passenger van traveling north on Interstate 65 near Edinburgh was struck from behind by a semitrailer. The accident occurred around 3:30 a.m. on the darkened interstate.

The full-sized passenger van, filled with family members, was returning from a kite flying competition in Atlanta, Georgia. The van carried 18 people. All the passengers in the van were from one Chicago area family.

]]> Eyewitness accounts indicate that the van was attempting to slow and pull to the shoulder of the highway. Evidence suggests that the tractor-trailer struck the van in the rear, causing it to lose control. The force of the impact drove the van off the road and into the ditch.

When rescue personnel arrived on the scene, two 20-year-old men in the van were pronounced dead. The victims were identified as Vijay Patel of Broadview, IL and Sujal Patel of Summit, IL. All the remaining family members were taken to local hospitals with injuries ranging from minor scratches to life threatening trauma. Early reports indicate that three people in the van were taken to Methodist Hospital in Indianapolis where they are listed in critical condition.

The tractor-trailer driver, 42-year-old Randall L. Chriscoe of Ramseur, North Carolina, was taken to a local hospital for chest pains. He was driving a 2007 Freightliner. Some witnesses reported that the blue tractor-trailer might have been driving over the speed limit and weaving through traffic prior to the accident. Other news stories indicate that the weather might have played a part. Either way, Indiana State Police and the Shelby County Prosecutors Office are investigating the matter. Blood samples were taken from both drivers but the results remain unreported at this time. Traffic was rerouted at mile-marker 80 for nearly five hours as a result of the crash.

More Highway Highway Safety Laws Needed to Minimize Indiana Accidents

2010-01-21T20:49:20Z

Last week, a safety group handed out its annual report card for highway safety. Indiana received a mediocre rating for the strength and effectiveness of its highway safety laws. Coming as it does during the first month of a brand new year, Indiana personal injury lawyers hope that the government takes seriously the issues brought up by the report card and its recommendations.

The report by Advocates for Highway and Auto Safety called Road Map to State Highway Safety Laws, rated all states based on the kind of highway safety laws they have in place to minimize accidents, prevent fatalities and reduce injuries. Fifteen basic and essential highway safety laws relating to teen driving, drunk driving, adult occupant protection and other aspects of highway safety were taken as bench marks.

]]> States were rated based on whether they have such laws in place. Ratings were color coded green, yellow and red, with green indicating that the state has essential safety laws in place, and red indicating lack of adequate highway laws. Yellow indicates that while the state has made some progress in preventing accidents on its highways, it could do a lot more. Indiana had been given a yellow rating.

Fortunately, the report card does not merely stop at handing out ratings, but also offers recommendations to each individual state to better its rating. Indiana has a few recommended laws that if adopted, could reduce accident rates and prevent deaths. The recommended laws are

• Raising of the minimum age for a learner’s permit to 16
• Night time restriction provisions for GDL (graduated driver license) holders
• Motorcycle helmet laws for all riders
• Ignition interlock laws
• Text messaging restrictions for of all drivers
• Mandatory BAC (blood alcohol content) level testing in drunk driving accidents where the driver has been killed

As Indiana personal injury lawyers, we couldn’t agree more. While our cities don’t figure as the worst in the country to drive in, we could be doing more to minimize annual highway accident fatalities in Indiana, which stood at 814 in 2008.

Indianapolis Tow Truck Driver Injured

2010-01-19T13:07:53Z

Indiana State Police responded to a call concerning a near fatal accident on the Indianapolis east side this past Tuesday morning. The accident occurred around 9:00 am when the driver of a van hit a tow-truck driver on westbound I-70.

Indianapolis Police report that the tow truck driver, Mark Daily was outside his vehicle, helping a broken-down car on the side of the highway. While he was working, a van ran over him. Police say that the driver of the car, 40-year old Ronald Stevens, failed to obey the law that requires a driver to move to another lane when service vehicles and emergency personnel are present. He was cited for unsafe lane movement and following too close.

]]> The accident resulted in a chain reaction that involved three other vehicles, including a military Humvee. Two other people suffered minor injuries. While everyone involved in the incident is expected to recover, the accident is just another reminder of the need for Indiana drivers to follow simple, important steps that can prevent serious injuries to others.

1. Slow Down! Work zones, school zones, and flashing lights are no place to hurry. A car moving at 50 mph can require up to 57 yards to reach a complete stop. That is the nearly the length of 12 cars!
2. Pay attention. Distracted drivers are deadly drivers. Hang up the phone. Stop texting. Turn down the radio. Do not eat and drive. Be aware of the road ahead and any possible hazards. As a driver, you are responsible for being aware of your surroundings. You cannot do this if your mind is focused on other things.
3. Move to the other side of the road. Whenever possible, change lanes and make room for those who are working. It is not just a good idea…it is the law.

"Driving becomes so second nature to people that they don't give it the attention that it deserves," said Sgt. Dave Bursten of the Indiana State Police. "And just that moment lapse of attention to what you're doing can have catastrophic results."

Indianapolis Patients Can Prevent Medication Errors

2010-01-14T13:25:53Z

As Indiana medical malpractice lawyers, we are always looking for ways that patients can protect themselves from medication errors. We came across this simple checklist that a patient can use to take the right medication and the right dosage of medication.

The list outlines three “checkpoints” at which errors can be caught and rectified.

The first checkpoint is at the doctor’s office when you receive your prescription. Make sure that the doctor or nurse informs you of the:
• Drug name
• Strength
• Dosage
• Dosage procedure
• Why you need the medicine
• What the medication will do
• How quickly you will see results

Remember those drugs are going into your system, and ultimately will affect your health. You have every right as a patient to demand information, and your doctor has every duty to provide the information you need.

]]> The second checkpoint is at your pharmacy. To avoid an error here, read the descriptive insert that tells you all you need to know about the dosage and administration procedure. If the medication is a pill, tablet or capsule, the insert may describe its shape, color and markings. Open the medicine bottle and compare what’s inside to the description. If you are getting a refill, ask for the pharmacist if there is new information on side effects that’s come out since the last time you had a refill. Also, if you are taking any other medications, counsel with the pharmacist about possible drug interactions.

As a patient and the consumer of the medication, you are the last and final checkpoint. Read the label and insert carefully. You have to know what the medication is intended for, dosage amount and procedure.

Medication errors are some of the most frequent medical errors, and also some of the most preventable ones. Every year, approximately 1.3 million people nationwide are injured from these mistakes. Most of the errors will be minor ones that may not leave patents with lasting ill effects. However, many others can result in serious health complications. This checklist allows you to be an educated and informed patient who can look out for himself/ herself.

As Indiana medical malpractice lawyers, we often see patients being lulled into a false sense of security by a doctor’s high qualifications, the nurse’s knowledgeable manner or the pharmacist’s efficiency. It is important to remember that, every year, many of these healthcare professionals are involved in making serious errors in medication. By being informed and aware, you can prevent medication injuries and save yourself a lot of anguish.

Indiana Personal Injury Lawyers Look Forward to Texting While Driving Ban in 2010

2010-01-08T20:22:29Z

The New Year promises to usher in new state and federal laws of the kind that Indiana personal injury lawyers would really like to see. Our state continues to lag behind many in its approach to the safety issues arising from motorists texting and using cell phones while driving. We currently have a ban on all cell phone use by motorists below the age of 18. However, there is no law yet that bans texting while driving for all.

A new bill introduced by Senator Travis Holman (R-Markle) will ban texting and sending emails behind the wheel for all drivers. The bill was filed in the legislature last year, and a non budget session of the legislature which begins on January 5th, has the bill on its agenda. The momentum against cell phone use while driving is gaining momentum in Indiana, and the bill has received support from legislators, Indiana personal injury attorneys and the public.

]]> Currently, 18 states and the District of Columbia ban texting while driving. A number of other states have legislation coming up this year that will ban texting (Kansas), use of handheld cell phones (South Carolina) and GPS systems (New Jersey), while driving. Transportation Secretary Ray LaHood has already made clear his commitment to fighting this menace. During last year’s Distracted Driving summit, he spoke of legislation that would punish states that did not enforce bans on texting while driving, by withholding federal transportation funds. The DOT also has a new website dedicated solely to distracted driving. All this should spur legislative efforts towards a texting ban in Indiana.

Also taking effect in 2010 is a new rule that bans federal employees from texting while driving government vehicles. That rule came after President Obama signed an executive order post the Distracted Driving summit.

The National Highway Traffic Safety Administration estimates that approximately 6,000 people died in 2008 in accidents involving distracted drivers, many of these caused by cell phone use. Those were precious lives that could have been saved with stronger legislation banning these dangerous practices. As Indiana personal injury lawyers, we hope the Indiana legislature will take another step toward motorist safety by banning texting while driving.

Increased Indiana Highway Construction Could Mean More Accidents in the New Year

2010-01-01T19:38:28Z

Indiana is in the midst of a massive 10-year highway construction development blitz, but given a poor nationwide record of enforcing work zone safety standards, personal injury lawyers here will be concerned about the increased risk of accidents and injuries from these development efforts.

In 2006, the Indiana Department of Transportation introduced Major Moves, a highway development plan that includes at least 200 new highway construction projects and 200 preservation projects across Indiana. The plan was initiated as part of efforts to boost development, facilitate easier transportation and generate jobs. All that has been great, but the plan has also meant dozens of highway projects active across the state, at any given time.

]]> It’s not the inconvenience to motorists that bothers Indiana personal injury lawyers. Rather, it’s the fact that in Indiana and across the country, we have failed to enforce strict safety standards at highway construction work zones. As this report in the New York Times points out, over the past 5 years alone, 4,700 people have been killed and 200,000 people have been injured in accidents in highway work zones across the country.

Not all these accidents were caused by speeding motorists racing through a work zone. Most accidents were caused because construction contractors:

• Failed to place sufficient and clear warning signs informing motorists of construction
• Failed to place concrete barriers
• Failed to follow proper procedures for placement of unused construction equipment
• Failed to make correct lane markings to allow for safe movement of vehicles

Highway work zone safety is one of those issues that seem to exist in a state of limbo. There are few national standards for work zone safety if any, and these differ vastly from state to state. Enforcement can be poor, and even when violations are found, there are laughably low penalties imposed on contractors. That means there is little incentive for contractors to follow zone safety laws. Contractors not surprisingly, may prioritize cost cutting rather than safety protocols, with sometimes devastating consequences. Worst of all, there is no system in place that prevents “problem contractors” with a history of work zone safety violations from simply being hired again. These contractors take up other projects where they continue to commit the same violations all over the again.

The Indiana Department of Transportation website shows how dangerous highway work zones can be.

• In 2007, the last year for which figures are available, there were 3,256 accidents in construction zones in Indiana, and these contributed to 7 deaths and 835 injuries.
• Out of every 5 people killed in a highway work zone, 4 are motorists.
• One out of every 3 accidents in an Indiana work zone is a rear impact collision.
• The most dangerous areas in a highway work zone are those where traffic is entering or leaving the work zone.

As federal stimulus funds continue to flow in from President Obama’s stimulus package, more infrastructure projects are expected to be launched in Indiana. As Indiana personal injury attorneys, we believe that infrastructure development must be accompanied by the establishment of stronger work zone safety rules that protect motorists and highway workers, and strict enforcement of these rules.

Indiana Children at Risk of Strangulation from Defective Roll Up Blinds, Roman Shades

2009-12-24T11:34:03Z

Thanks to relentless efforts by consumer safety groups and product liability attorneys in Indiana and around the country, there are stricter safety standards in place for children’s products. However, it is important for parents and caregivers to know that their children may also be at danger from other consumer products in the home. Last week, the Consumer Product Safety Commission announced a recall of up to 50 million rollup blinds and window shades, after a series of strangulation deaths involving little children.

The CPSC has confirmed eight reports of deaths in which children were strangulated by the blind and shade cords since 2001. It has also received reports of at least 16 incidents in which children wrapped the cord around themselves but were rescued in time. This recall is believed to be the second largest American product recall, and the latest in a series of recalls of window coverings. The last massive recall was nine years ago when 85 million blinds had to be recalled for similar hazards.

]]> That means more than 130 million of these products have been recalled for the same hazard over the past decade. As Indiana product liability lawyers who represent victims injured by defective products, we have to wonder why there have been no changes made to the design of these shades and blinds, in spite of problems being identified nearly a decade ago. The CPSC now says it is working together with the Window Coverings Safety Council, a group of window cover importers and manufacturers, to develop safer designs for these products.

The recall is especially important because parents are not likely to think of their window coverings as being particularly dangerous to children. The latest recall has received plenty of press, but typically, parents and caregivers tend to focus more on defective children’s products like cribs, baby hammocks, play yards and toys. However, with eight deaths, it is clear to Indiana product liability attorneys that this is a very serious problem, and a very real danger to children in Indiana homes.

While the CPSC works to develop safer design standards for blinds and shades, we would encourage parents to keep their children safe from these dangers.

• Tuck away loose cords, so they can’t be accessed by kids.
• If possible, replace corded window coverings with safer, cordless shades.
• If you cannot afford to replace your window coverings, ask the retailer or manufacturer for a free repair kit.
• Place cribs, baby beds and baby hammocks away from the window.

New Medication Error Alert System Promises to Reduce Frequency of Errors

2009-12-17T11:03:26Z

Approximately 1.3 million people in the country, including thousands in Indiana, are injured every year from medication errors. Of these:

* 41 percent of deaths were linked to improper dosage
* 16 percent involved distribution of the wrong medicine
* another 16 percent was attributed to the wrong route of medication administration

Now, a new national alert program is aiming to minimize the frequency of such medication errors.

The American Society of Health-System Pharmacists (ASHP) and the Institute for Safe Medication Practices (ISMP) have developed the National Alert Network for Serious Medication Errors. Actor Dennis Quaid recently announced the launch of the alert program. Quaid has some personal experience with the trauma that patients and families go through when they are injured by these preventable errors. In 2007, his twin boys were administered an excessive dose of the drug heparin. The event occurred at the Cedars-Sinai Hospital in Los Angeles.

]]> Fortunately, Quaid's twins survived the accident, but the actor has since added his voice to those of Indiana medical malpractice lawyers and medical safety experts around the country, against these preventable errors.

According to ASHP representatives, the National Alert System allows sharing of information between physicians, nurses, pharmacists and other health care professionals. The system will rely on voluntary reports of medication errors as well as news reports to instantly transmit email alerts to all members of the ASHP’s network. The network already includes nearly 35,000 healthcare professionals. The alert will include the complete description of the error that has occurred, as well as recommendations to prevent the error room from occurring again. Doctors and nurses can make use of this information to fine-tune their own prescription, delivery and monitoring processes to make sure there is no repetition of the error at their facility. All alerts will be archived and posted on the ASHP website.

Medication errors are some of the most preventable of all hospital errors. These typically pass through a chain that can begin with the pharmaceutical company that manufactured the drug, and end with the patient. The error can be prevented anywhere along the chain.

As Indiana medical malpractice attorneys, we believe this alert system will help those in the middle of the chain, like doctors, nurses and pharmacists, who are frequently linked to these errors. With this alert system, they can easily identify an error and take steps to prevent them from occurring in their facility.