March 4, 2010

Toyota Crisis Just One Example of Why Indiana Needs Trial Lawyers

speedometer.jpgIn 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.

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February 11, 2010

Types and Causes of Radiation Errors

xray3.jpgIndiana 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.

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February 4, 2010

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

radiation.jpgNew 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.

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January 31, 2010

Indianapolis Furnace Blamed for Devastating Fire

Flame.jpgIndianapolis 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.

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January 27, 2010

Indiana Tractor-Trailer Accident Takes Two Lives

shattered%20glass.jpgIndiana 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.

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January 21, 2010

More Highway Highway Safety Laws Needed to Minimize Indiana Accidents

Stop%20Sign.jpgLast 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.

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January 19, 2010

Indianapolis Tow Truck Driver Injured

skid%20mark.jpgIndiana 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.

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January 14, 2010

Indianapolis Patients Can Prevent Medication Errors

prescriptions.jpgAs 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.

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January 8, 2010

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

cell%20phone.jpgThe 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.

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January 1, 2010

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

barricade.jpgIndiana 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.

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December 24, 2009

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

blinds.jpgThanks 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.

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December 17, 2009

New Medication Error Alert System Promises to Reduce Frequency of Errors

Intravenous.jpgApproximately 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.

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December 10, 2009

Indiana DOT Launches New Website to Prevent Accidents

Road%20Conditions.jpgAs Indiana personal injury lawyers, we are constantly monitoring efforts by our state to prevent automobile accidents, especially those that result in fatalities and catastrophic injuries. With winter here, the chances of accidents increase because of the challenges of driving in adverse weather conditions. That is why we are encouraged to see the Indiana Department of Transportation (DOT) using technology and the Internet to keep motorists in informed about road and traffic conditions that affects their safety.

The DOT has set up a new website at www.trafficwise.in.gov to keep motorists informed of road conditions. The website launched just before the Thanksgiving holiday, which kicks off a high-risk season for accidents in Indiana.

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December 3, 2009

Indiana Truck Accident Lawyers’ Wish List for New FMCSA Chief

semi%20mirror.jpgAs Indiana truck accident lawyers, we have our reservations about the confirmation of Anne Ferro as chief of the Federal Motor Carrier Safety Administration (FMCSA). Ferro’s confirmation has been controversial, and truck accident attorneys, safety groups and accident survivor groups have their doubts about the good judgment in having a former trucking industry lobbyist leading the country’s premier commercial motor vehicle agency.

Ferro served six years as president of the Maryland Motor Truck Association.
It’s not just the lobbyist past that concerns Indiana truck accident attorneys. Ferro has also been a strong supporter of the 11-hour trucking rule that the Bush administration passed just before he vacated office. Trucking safety advocates and truck accident lawyers in Indiana and around the country have been strongly critical of the rule, which extended the number of consecutive hours a trucker can drive to 11, from the earlier 10.

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November 22, 2009

Indianapolis Woman Dies in Apartment Fire

smoke%20alarm.jpgIndianapolis officials are investigating an accidental fire that resulted in the death of 94-year-old, Willa Mae Fossett.

Firefighters responded to a report of smoke coming from a third floor window at the Indiana Avenue Senior Apartments this Sunday morning. When they arrived just after 4:30 a.m., they found a small fire in the bathroom. They quickly extinguished the fire. Unfortunately, they also discovered Ms. Fossett unconscious in the bedroom. She was later pronounced dead at the scene.

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November 6, 2009

Four Indiana Firms Cited in June Death

construction%20image.jpgFour Indiana companies face fines and citations related to the construction death of an Indiana steelworker earlier this summer. Stanley Roberts of Indianapolis, died in the June accident. He was working on the new expansion project for the Indianapolis Convention Center. Roberts was working in a lift that drove into a hole, throwing him from the basket and to his death. The hole, two-foot square was nearly a foot deep.

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October 26, 2009

FFA National Conference Marred by Youth’s Fall

escelator.jpgThe National FFA Convention has returned to Indianapolis, much to the city leaders’ approval. But difficult questions are being raised concerning the critically injured young man who fell at Circle Center Mall. Unfortunately, the tragic event last Thursday has turned the spotlight away from the program’s purpose.

During a break in the program’s activities, FFA Member and Texas native, Phillip Caler, fell from the mall’s third-floor, landing 41 feet below. Officials transferred Caler to Methodist Hospital where he remains in critical condition.

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October 16, 2009

Indianapolis Truck Accident Kills One, Injures Four Others

car%20crash.jpgInterstate I-65 in downtown Indianapolis was another scene of a horrific accident involving three semi-trucks and two cars. While details are still coming in, it appears that one of the tractor-trailers slammed into the rear of the first passenger car, pushing the vehicle into another semi, causing a chain reaction.

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July 28, 2009

Indianapolis Police and Highway Workers in Danger

safety%20vests.jpg On November 24, 2008, a new federal regulation (23 CFR 634) went into effect, requiring anyone working in the right-of-way of a federal highway to wear high-visibility vests that meet specific requirements. This law applies to anyone who must be in proximity of or in the path of the roadway. Unfortunately, as some local news media have discovered, not everyone is following the law and the result can be deadly.

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June 21, 2009

Indianapolis Convention Center Construction Death

construction%20lift.jpg
A 55-year-old construction worker died this past week in an accident at a downtown Indianapolis building site. The victim, Stanley Roberts of Indianapolis, was an ironworker employed by Harmon Steel. He was working on the new Indiana Convention Center construction site where approximately 250 construction workers are employed on the expansion project.

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June 9, 2009

Indiana Weight Loss Option Questioned

pills.jpgIndianapolis residents hoping to lose weight may be in danger because of common diet supplements sold in health food and vitamin stores. The Food and Drug Administration reports that weight-loss capsules called StarCaps could be hazardous to the health of many in Indiana and around the country. Made primarily of papaya, the capsules also contained a potent pharmaceutical drug called bumetanide and can have serious side effects.

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April 13, 2009

Another Indiana Construction Death Reported

rusty%20pipes%203.jpgAnother Indiana construction fatality has occurred near Indianapolis. Randy Gardner, a pipe line worker from Tennessee, was killed when construction equipment fell on him late last week. The accident occurred in Decatur County near St. Omer.

Mr. Gardner was working on the Rockies Express Pipeline, which will carry natural gas from Colorado to Ohio. He was an employee of Sheehan Pipe Line Construction Company, based out of Tulsa, Oklahoma and had worked with the firm for two years.

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March 19, 2009

Indianapolis Bicycles Hit the Streets

The recent warm Indianapolis weather has offered wonderful opportunities for outdoor exercise and activity. Running, basketball, soccer and especially bicycle riding fill the warm spring days. The increased number of cyclists on the streets can result in tragic accidents for those who do not put safety first. In fact, Indiana bike accidents are a serious matter. In 2007, there were 15 bicycle-related fatalities in Indiana.

According to the National Highway Transportation Safety Administration, nationwide, 43,000 people were injured in bicycle-related accidents in 2007. They also report that 700 people died that same year from injuries that occurred in bike mishaps.

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January 30, 2009

Indiana Construction Fatality Occurs in Tragic Accident

backhoe2.jpgAn Indiana construction worker drowned under a Wabash, Indiana street on January 27, 2009. Stephen A. Walls, an employee of Environmental Construction, Inc., was working in a water main access pit when he was pinned by equipment and water from a nearby leak filled the space.

Despite attempts by Mr. Walls, he was unable to free himself from the pit. Workers at the scene were unable to rescue him from the water main access trench. The pit was drained and he was rushed to a local hospital but he was pronounced dead on arrival. The final cause of death is pending autopsy.

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January 20, 2009

Indiana Residents on Alert for Play Yard Recall

crib.jpgIn a January 15, 2009 press release, the Consumer Product Safety Commission (CPSC) announced a recall of Simplicity’s Rainforest Portable Play Yards. These products are sold in major department stores, including Wal-Mart, Target, and Toys-R-Us. Manufactured in China and sold under the company name, Simplicity for Children, with a Fisher-Price logo, these play yards pose a hazard to children in Indiana and around the country due to the unexpected collapse of the side railing. This collapse can cause entrapment and serious injury to young children.

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January 15, 2009

Indiana Pool Safety Gets Attention

Today's front page for CNN's website draws attention to an issue highlighted here last December (Indiana Residents Risk Personal Injury in Local Pools). Indiana pools must have new safety drains in place before they open for business or risk being shut down. This is according to the The Virginia Graeme Baker Pool and Spa Safety Act signed by President Bush on December 19, 2007.

January 9, 2009

Indianapolis Area Deaths Result from Winter Weather Driving

Indiana winter weather is unpredictable and road conditions change quickly when the snow and ice begin to fall. Icy%20Roads.jpgTraveling to and from family events, work and school can be treacherous if you are not properly prepared. This last Friday, three Indiana residents in Hamilton County were killed because of icy conditions.

By taking a few simple precautions, you may avoid some minor inconveniences and serious injuries.

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January 5, 2009

Indiana Seizure Patients Face Increased Suicide Risk

The FDA released a new warning concerning antiepileptic medications and an increased risk of suicide. Pills%20-%20Anti%20Seizure%20medications.jpgThe FDA will mandate that more than 30 medications prescribed for seizures must carry additional warnings of the increased risk. The agency also released a statement directing physicians to inform patients and their families about the medications. Physicians in Indiana should be receiving these notices very soon.

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December 23, 2008

Indiana Residents Risk Personal Injury in Local Pools

Pool%20filter.jpgWith the arrival of winter chill, Indiana residents’ thoughts turn to pool-side vacations in warm climates. But people living in Indiana should think twice before diving into the deep-end or dipping your toes into the wading pool. Tens of thousands of swimming pools, hot tubs, and spas are at risk for being closed because of a deadly hidden danger: Pool Filter Systems.

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