Archive for the ‘Indiana Wrongful Death’ Category

Indiana Is Now a Right to Work State: Does This Mean More Workers On the Job Will Be Injured or Killed?

February 7th, 2012 by admin

Indiana Governor Mitch Daniels has just signed the Indiana “right to work” bill – which means that the legislation will become effective Indiana law now, and that Indiana will be the first state in many, many years to pass right to work laws … and the only state in the midwest to have a right to work law (the “Rust Belt”).

Of course, this was done with the expected hurrah that it will help bring jobs to Indiana.  And maybe it will; everyone can agree that more jobs in Indiana is needed.  However, it’s also important to consider what this law may do to on the job work safety for Indiana workers.

Will the Right to Work Law Make Jobs Safer for Indiana or Will There Be More Dangers of Death or Serious Injury in the Indiana Workplace?

According to the AFLCIO, without union protections for workers, workplaces are more dangerous. In other words, in right to work states, on the job workers have higher rates of serious personal injury or wrongful death than they have in states where there is not a “right to work” law in place.

Of course, there are others who disagree, who argue that federal laws are enough to keep workers safe on the job.

The reality is that Indiana workers will have to find out for themselves now.

Indiana is a right to work state, that’s a done deal.  And the reality is this:  for workers hurt on the job in the upcoming years, they will have to look to Indiana worker compensation statutes and federal laws (like FELA for railroad workers) for help – and we can only hope and pray that the number of Indiana workers hurt, injured, or killed while working for a living doesn’t increase all because this law was passed this year.

FDA Whistleblowers Sue FDA For Spying on Their Personal Emails: Messages to Congress About Product Dangers Were Being Monitored by FDA

January 31st, 2012 by admin

More news that should serve as a warning to the American public that the products that they buy on their grocery store shelves and that they purchase as over the counter drugs or as prescription medicine should not be blindly trusted: it seems that the Food and Drug Administration (FDA) has just been sued by six doctors and scientists – all former employees of the FDA.

Why?  These top professionals have filed a lawsuit because they have found out that the FDA was spying on these doctors’ and scientists’ personal email accounts (Gmail).

Seems that the FDA was interested in reading the personal emails of these Six FDA Employees because these six individuals had had the courage to tell members of Congress that they were concerned because the FDA was going ahead and approving products which these six FDA employees thought were NOT SAFE.

Media investigations have occurred and now, the news stories include the release of federal government documents confirming that the personal emails were monitored, and for a long time, too.  Apparently, according to a Washington Post expose, the FDA employees’ personal email accounts were being spied upon for over two years.

Here, though, the big news isn’t a media scoop.  Here, these six courageous individuals haven’t just voiced concerns to Congress — now, they’ve gone and filed a civil lawsuit in federal court based upon the sneaky behavior of the FDA.   They are claiming damages to their careers because of what’s happened, among other things.

It’s going to be more of a right of privacy case more than a fight over whether or not those products are indeed unsafe.  The safety of the products are not the focus of this litigation (but should be a very, very big lesson to us all).

Was the constitutional right to privacy guaranteed by the U.S. Constitution violated when the FDA instituted surveillance on its own employees?  (The FDA, of course, will argue no; that by using the work computers, these folk couldn’t have any reasonable expectation of privacy.)

Bottom line, products liability laws exist in Indiana and Illinois and every other state in the union because all too often, Americans are hurt or killed by products (food  and drugs among them) that they have legitimately purchased at a store with the expectation that the product is safe to use.   Americans cannot depend upon manufacturers, distributors, sellers, etc. to protect them from dangerous products.   Unsafe products are put into the marketplace all the time.

Now, the Federal and Drug Administration’s dependability and integrity has been called into question by this agency spying upon employees who were whistleblowing about product safety to members of Congress.

If you or a loved one has been hurt or injured or even suffered a wrongful death because of food or drugs or medication — then your most solid and dependable avenue of justice remains with the personal injury system of  justice and filing a products liability lawsuit under state law.

Concussion Laws in Indiana and Illinois Try to Keep Kids Safer As They Play Football and Other School Sports

January 26th, 2012 by admin

We’ve posted about new research studies that confirm how young kids playing hockey or football or other contact sports at their school can be seriously injured and permanently disabled by brain injuries and concussions.

Slowly but surely, state legislatures are starting to take heed of these research results (and the outcry from parents whose kids have been hurt while playing a sport) and now, Indiana and Illinois have both recently passed state concussion laws.

According to SafeKids.Org, Indiana and Illinois joined 31 other states in passing legislation designed to protect children playing school sports from suffering concussions and permanent brain injuries.

Illinois Concussion Law (Public Act 097-0204)

Under the Illinois Concussion Law, each school board must adopt a concussion policy that conforms to the established guidelines of the Illinois High School Association.

Both the student athlete and the student’s parent must sign a written acknowledgement of the school’s concussion policy.

Before a student athlete can play a sport again after being removed from play because of concussion or suspected concussion, the student has to be checked by a health care provider and that provider must give the student a written clearance to participate in the sporting activity.

Indiana Concussion Law (Indiana Code 20-34-7)

The Indiana Concussion Law tasks the State Department of Education with the dissemination of guidelines, information sheets, and forms detailing the nature and risk of concussions and head injuries to schools which are to distribute the Department’s work to school coaches, student athletes and parents of student athletes.

In Indiana, all high school student athletes and their parents must acknowledge by their signature that they have received the Department of Education’s brain injury and concussion information on a form collected by the student athlete’s coach each year before the student can start his or her first practice.

If there is a suspicion that a student athlete has sustained a head injury or concussion, the student must be removed from play at that time (the time of the suspected injury).  He or she cannot return to the sport until the student has been evaluated by a licensed health care provider trained in head injuries and that health care provider has given him or her a written clearance form to return to play.

Indiana Nursing Homes Should Call the Closest EMS in Emergencies, But They’ve Been Known to Choose the Cheaper Option

January 19th, 2012 by admin

Barbara Parcel died last March because her nursing home didn’t call the 911 responders that were minutes away, but instead contacted a hired company that was much farther away.  That company’s EMS unit arrived too late to save Mrs. Parcel, who died from a heart attack there at Indiana’s  Kindred Healthcare’s Wildwood Healthcare.  Her friend, Elsie, was a witness to the events and reported that it took over an hour for the EMS ambulance to show up in order to transport Mrs. Parcel to the hospital.

Local news reporters (13 Investigates) first discovered that the nursing home had never called 911, which would have brought nearby paramedics to the scene; instead Wildwood Healthcare called the private ambulance company with which it had a contract.  We can assume it was cheaper for Wildwood to call the contract service than to call the 911 service.   You can read the March 2011 expose online here.

Indiana State Senator Patricia Miller Pushes Senate Bill 0224 as New Indiana Law for Nursing Homes

Responding to the tragic story of Barbara Parcel, Indiana State Senator Patricia Miller authored and presented a bill which should become law in the State of Indiana.  You can read the proposed law as she wrote it here.

If passed, this law will require nursing homes to forego their bottom line and to call to get the fastest emergency medical services team in place.  Which is good news for everyone who either lives in an assisted facility or who has a loved one residing in a nursing home.

You can track the bill as it moves through the Indiana Legislature here.

Indiana Courts Are Already At the Ready to Right Nursing Home Abuse and Neglect

Nursing homes have a legal duty to care for those that reside at their facilities.  If they fail to meet that duty, just as a doctor fails in his care of a patient or a hospital commits an error in care, they can be found legally responsible for the wrongful death of their resident.

These laws are already on the books for Indiana victims and their families.  They are made the basis of a personal injury lawsuit filed against the nursing home and anyone else that has contributed to the harm.

Neti Pots Are Dangerous Products Warns Louisiana Health Dept: People Are Dying From Sinus Remedy, Another Example of Hidden Dangers on U.S. Store Product Shelves

December 22nd, 2011 by admin

Family and friends can swear by them; trusted companies make them; they’re sold on television these days and they are prominently displayed near the over-the-counter cold products in your local grocery or superstore.  Neti Pots. They look so cute and innocent, too, don’t they?

Except Neti Pots are killing people. Another product being sold in American marketplace that is so dangerous that lives are being lost.

This week, the Louisiana Department of Health and Hospitals issued a public warning regarding the use of neti pots to clear out sinus congestion after the state agency confirmed two deaths after using a neti pot.  From the Lousiana release:

The Louisiana Department of Health and Hospitals is warning residents about the dangers of the improper use of neti pots. The warning follows the state’s second death this year caused by Naegleria fowleri, the so-called brain-eating ameba. A 51-year-old DeSoto Parish woman died recently after using tap water in a neti pot to irrigate her sinuses and becoming infected with the deadly ameba. In June, a 20-year-old St. Bernard Parish man died under the same circumstances. Naegleria fowleri infects people by entering the body through the nose. A neti pot is commonly used to irrigate sinuses, and looks like a genie’s lamp.

“If you are irrigating, flushing, or rinsing your sinuses, for example, by using a neti pot, use distilled, sterile or previously boiled water to make up the irrigation solution,” said Louisiana State Epidemiologist, Dr. Raoult Ratard.  “Tap water is safe for drinking, but not for irrigating your nose.”  It’s also important to rinse the irrigation device after each use and leave open to air dry.

Naegleria fowleri infection typically occurs when people go swimming or diving in warm freshwater lakes and rivers. In very rare instances, Naegleria fowleri infections may also occur when contaminated water from other sources (such as inadequately chlorinated swimming pool water or heated tap water less than 116.6 degrees Fahrenheit) enters the nose when people submerge their heads or when people irrigate their sinuses with devices such as a neti pot. You cannot be infected with Naegleria fowleri by drinking water.

Naegleria fowleri causes the disease primary amebic meningoencephalitis (PAM), a brain infection that leads to the destruction of brain tissue. In its early stages, symptoms of PAM may be similar to symptoms of bacterial meningitis.

Initial symptoms of PAM start one to seven days after infection. The initial symptoms include headache, fever, nausea, vomiting, and stiff neck. Later symptoms include confusion, lack of attention to people and surroundings, loss of balance, seizures, and hallucinations. After the start of symptoms, the disease progresses rapidly and usually causes death within one to 12 days.

Naegleria fowleri infections are very rare. In the 10 years from 2001 to 2010, 32 infections were reported in the U.S. Of those cases, 30 people were infected by contaminated recreational water and two people were infected by water from a geothermal drinking water supply.

Neti Pots Kill People By Allowing Brain-Eating Bacteria to Access Your Brain Through Your Sinus Cavity

You use a neti pot by filling it with water and then flushing that water through your nose and sinus cavity.  It’s been used by people all over the world for years.

However, that doesn’t mean that it’s safe for you to use.  If someone uses a neti pot without taking proper precautions, they can flush dangerous germs and bacteria — brain-eating amoeba — into their bodies which can kill them.

In Louisiana, two people have died from using tap water in a Neti Pot.  The tap water may have looked clean enough, and sure they could have swallowed it safely, but flushing it into their nasal cavity was a different story.  No stomach acids there to kill things off.  Nope.

In the sinus cavity, there is an ability for chemicals to quickly access the brain.  (That’s why those drug users like to snort things.)  When the tap water with its bacteria was sniffed into the sinus, it carried the evildoing bacteria with it.

Evildoing bacteria like Naegleria fowleri, which is the bacteria that killed both the Louisiana Neti Pot victims.  It literally eats brain tissue.  It’s difficult to treat once there’s an infection, and people almost always die from it.  Horrible to think about, isn’t it?

Prescription Drug Deaths Are Epidemic in This Country: Pain Medications Alone Are Killing 40 People Every Day

December 20th, 2011 by admin

Prescription drugs are killing people in the United States.  Lots of people.  So many people, in fact, that the Center for Disease Control and Prevention (CDC) issued a report last month (November 2011) that is downright terrifying.

Among people 35 to 54 years old, unintentional poisoning caused more deaths than motor vehicle crashes.

These are not street drugs sold illegally.  They’re not drugs like cocaine or crack, sold with no safety checks or ingredients listing and bought for the purpose of getting high.  No.  These drugs that are killing so many Americans in this country that the  situation has been declared an epidemic by the federal government are those that have been prescribed by doctors to patients to help them with ailments and injuries.  Ones that you have to go to the drug store to get.  Ones that may be in your medicine cabinet in your home right now.

In its report, the CDC provides details of its research, confirming:

1.  the death toll from overdoses of prescription painkillers has more than tripled in the past decade;

2.  more than 40 people die every day from overdoses involving narcotic pain relievers like hydrocodone (Vicodin), methadone, oxycodone (OxyContin), and oxymorphone (Opana);

3.  Overdoses involving prescription painkillers are at epidemic levels;

4.  Prescription drug overdoses now kill more Americans than heroin and cocaine combined; and

5.  In 2010, 1 in every 20 people in the United States age 12 and older (12.000,000 people) reported using prescription painkillers nonmedically.

So, what is causing this Prescription Drug Epidemic of Death?

According to the CDC (and from its blog post by guest blogger Christopher M. Jones, PharmD, MPH, LCDR, U.S. Public Health Service), the amount of prescription drugs sold in the United States over the past ten years has skyrocketed.  Not by just 100% or 200% — but by 300%.

Imagine the profits to the drug companies.

Doctors are using these prescription painkillers more and more to help patients who are suffering from pain.  That is how these drugs are getting out there — from doctors’ signatures on prescription pads, which are filled at pharmacies around the country.

As coverage grows about this terrifying truth in our America today, it’s important to remember that solid fact.  These are PRESCRIBED medications that are killing people, not home-cooked, back-alley street drugs made with ingredients scarfed up at the lcoal grocery store.

New NHTSA Study Shows Increase in Deaths Caused by Big Rig, Semi, Tractor-Trailer Truck Crashes on Our Highways

December 15th, 2011 by admin

The National Highway Traffic Safety Administration (NHTSA) has just released its latest study, 2010 Motor Vehicle Crashes: Overview.

You can read the NHTSA report online for free here.

It’s got some important news – something we all need to know – because according to the NHTSA, it’s getting more dangerous to be driving on the American roadways alongside large commercial trucks (i.e., big rigs, semis, tractor trailer trucks, etc.)  For our part of the country, with the tremendous amount of commercial trade rolling along our interstates and state highways, this is especially concerning.

According to the new NHTSA study, last year there was a 8.7% increase in the number of deaths caused by highway accidents involving large trucks.

NHTSA Is Not Focusing On This Increasing Danger

In releasing these results as part of its report,  U.S. Transportation Secretary Ray LaHood chose to focus upon an overall decline in highway deaths across the country, to the lowest levels since 1949.   Which is, of course, important and encouraging.

“While we have more work to do to continue to protect American motorists, these numbers show we’re making historic progress when it comes to improving safety on our nation’s roadways,” said Secretary LaHood. “Thanks to the tireless work of our safety agencies and partner organizations over the past few decades, to save lives and reduce injuries, we’re saving lives, reducing injuries, and building the foundation for what we hope will be even greater success in the future.”

However, what is also true is that the new report reveals that fatalities rose among pedestrians, motorcycle riders, and large truck occupants. As shown in the report’s chart below,  there’s been an increase in deaths for truck drivers as well as occupants of the other vehicles involved in these serious trucking industry crashes.

As Hours of Service challenges progress in Washington, news like this is extremely important for us all to know and recognize:  big rig, semi truck accidents are all too often deadly.

NTSB Seeks National Ban on Drivers Using Any Electronic Devices While Driving on US Roadways

December 13th, 2011 by admin

One, single traffic accident – if it’s bad enough – can change how things work in this country, surprising though that might be in today’s complicated world.

Today’s example: a bad, bad traffic pile-up down in Missouri last year, where a teenager who was busy texting on his cell phone while driving along a Missouri interstate highway in his pick-up truck ended up crashing into the rear-end of a tractor trailer semi truck. That would have been bad enough, the teenage driver was killed in this crash, but that’s not the end of this story.

It’s now known as the Gray Summit, Missouri crash, where the 19-year-old pickup truck driver had sent 11 texts in 11 minutes right before he drove right into the back of a semi truck, including one text that was sent “right before impact.”

After the pickup rear-ended the big rig, seems that a chain reaction happened and there was a big pile up that included two school buses crashing one after another into the wreck. Tragically, a local high school band was taking a field trip by bus to the Six Flags St. Louis amusement park.

Two people died that day (one of the kids on the bus along with the kid who was texting) and 38 others were seriously injured. It was a horrific accident, and it got the attention of the powers that be at the National Transportation Safety Board (NTSB).

Today, pointing directly to that one, single crash, the NTSB has issued a federal goverment recommendation of a national BAN on drivers using any kind of “personal electronic devices” whatsover while they are driving a vehicle on American roads. Of course, the NTSB can only recommend this to the states – however, states are listening.

The Governors Highway Safety Association is keeping track of the state laws that are being passed against distracted driving: no handheld cellphones, no texting, etc.

To see what the current laws are for Indiana, Illinois, or our surrounding states, go here.

Construction of High Speed Rail from Chicago to St. Louis: How Safe (or Dangerous) Is It? Railroad Dangers Are Real.

October 27th, 2011 by admin

Right now, money is still being put together to pay for the planned high speed rail system that will serve the 284 mile Chicago – St. Louis Corridor.  Moreover, there’s still lots of chatter about making things even bigger: this week, the Illinois Department of Transportation announced it wants to add more trips between Joliet and St. Louis, for example, which means more tracks.  Two tracks instead of one.

Corridor Tracks Divided Up Between Railroad Companies

Already, various railroad companies have divied things up: Canadian National (CN) has two tracks already set along its section of the corridor (Joliet – Chicago); Union Pacific Railroad (UPRR) has one track in place between between Joliet and Godfrey. In a section that UPRR shares with Kansas City Southern (KCS), one track is set for 10 miles, and then two tracks are ready along another 19 miles. Meanwhile, the Terminal Railroad Association (TRRA) is getting ready for tracks along its 3 mile portion of the Corridor, going over the Mississippi River Bridge and into the St. Louis Terminal.

The High Speed Rail Project has been designed to take some of the travel burden from the cars and planes that currently serve as transportation between Chicago and St. Louis (well, 99% anyway). The goal is to construct two tracks along the Corridor. It’s believed that the new High-Speed Rail will reduce vehicle miles by 1.3 million miles.

What exactly will the High Speed Rail Project do?

From the IDOT website, the following description of these fast trains is given:

IDOT is taking an incremental approach to implementing high-speed rail in the state, similar to how many European countries have implemented high-speed rail service. The 110 miles per hour service on the corridor has the necessary environmental documents, and construction began on September 1, 2010. The public will get first glimpse of 110 mph passenger service between Dwight and Pontiac as early as 2012. IDOT embraces the idea that a network of different but connecting rail services operating at up to both 110 miles per hour and 220 miles per hour may best serve the state’s travel and economic development needs. IDOT recently submitted a grant application to the Federal Railroad Administration for an Alternative Analysis and environmental studies for 220 miles per hour service. However, the application was not selected for funding. Trains operating at 220 miles per hour will be subject to a higher level of safety standards which require grade separations for any rail/highway crossings, dedicated right-of-way and fencing. The development of such a system will take a considerable length of time.

Railroads Are Dangerous — Risk of Serious Personal Injury or Death Now and Later

Railroads, normal ones much less these fancy 220 mph speed demon trains, are dangerous.  Construction of railroads is very risky and workers get seriously injured in the building of these things.  Moreover, once they are built, railway workers are at risk for severe injuries and even death just by doing their work, on the job at the railroad.

Railway workers can be seriously injured from things like equipment failure, driver mistakes or human error, improper supervision, and countless other things.  In fact, it’s so dangerous to work on any railway (much less High Speed Rail) that special federal laws have been passed to protect railroad workers, e.g., The Federal Employers Liability Act (FELA).

Finally, there are all sorts of dangers to the public at large from railroads:  crossings are extremely dangerous in the best of conditions.

Last year, for example, a tragedy that struck a high speed train in Spain was used as an example by local experts of what can happen here, with the proposed new High Speed Rail project.  There, a group of folk tried to run across some tracks after they got off a train, and were crushed to death under the wheels of one of these speeding express trains.

The sad reality is that people are going to be injured or killed from High Speed Rail here — history proves it’s a question of when, not if; therefore, safety concerns should be paramount here as the designs are being nailed down and the budgets are being discussed.  This project needs to be as safe as it can be, from planning stages on paper through actual High Speed Rail use in the years to come.

After all, our family and friends are depending on it.

Pfizer Settles With Feds Again – Big Pharma and Bad Marketing of Dangerous Drugs That Hurt or Kill People

October 25th, 2011 by admin

For those working in the legal fight against evildoers whose actions hurt people and their loved ones and impact families’ futures for a lifetime, stories like this are not surprising.  Legal secretaries aren’t shocked that Big Corporations put profits over people; paralegals have seen numerous examples of products that were put out into the marketplace which turned out to hurt or maybe even kill unsuspecting victims. Lawyers read case after case where legal fights are fought, if not where the Big Company is denying liability, then where the Big Company is trying to keep how much money it has to pay in damages as low as possible.

It’s true in trucking accidents and job site injuries and wrongful death car crashes.  It’s something that Kenneth J. Allen & Associates knows all too well because it’s something that we all see, all too often.  However, it serves us all to keep vigilant to these things, and to let you know about justice when it occurs.

And, this week, there’s yet another example of injustice being fought as U.S. Attorney General Eric Holder issued a press release to announce the federal government’s settlement with Pfizer Inc. over False Claims Act allegations tied to Pfizer’s marketing of its drug, Detrol. (Pfizer doesn’t have a news release about the settlement on its website.)

It is interesting to note that Pfizer is already known as a “repeat offender” after entering a guilty plea two years ago in what is considered to be the biggest known fraud in U.S. health care, with Pfizer getting zapped with the biggest criminal penalty ever levied against a defendant for the illegal marketing of four drugs (Bextra; Geodon; Zyvox; and Lyrica). At that point, Pfizer was entering into its 4th settlement on this type of thing with the feds.

Pfizer to Pay $14,500,000 for False Claims About Detrol, a medicine for overactive bladder problems

The Department of Justice worked this case and got this settlement because of the brave acts of some whistleblowers, who filed a series of qui tam, or whistleblower, suits. This settlement involves the last of those suits; the others were taken care of in the federal government’s big overall settlement with Pfizer, where Pfizer agreed to pay $2.3 billion to resolve criminal charges as well as numerous civil products liability actions against it, involving several of its drug products.

What did Pfizer do this time?  Here, the case involves the feds asserting that Pfizer illegally marketed Detrol for uses that the FDA had not approved as being safe and/or effective:  these included its use by men suffering from benign prostatic hypertrophy, bladder outlet obstruction, and lower urinary tract problems.

Yet Another Example of a Person Trusting a Product That Can Hurt Him

Products liability law exists in every state in this country, passed by state legislatures because companies cannot be trusted to put products into the marketplace for sale that are safe and effective for their intended use.  The Food and Drug Administration exists to police the same sort of thing, as an arm of the federal government with the ability to file criminal charges against offenders.

However, marketing power is strong in this country and Americans like to think the best of everyone.  When products are bought at the store, including drugs — maybe especially drugs — people trust that the product is safe for them to use.  This trust is, sadly, all too often misplaced as the continuing story of Pfizer’s litigation (and that of all of Big Pharma) reveals.

If you are suspicious of any type of product, then investigate that suspicion.  Your instincts may be right and the product may be dangerous.  Seek medical help – and legal help if you have been harmed or damaged.  Products do hurt people.

Be careful out there.