Indiana Injury And Family Lawyer Blog

July 18, 2011

Indiana Tax Modifications

Indiana tax modifications of numerous types took effect on January 1, 2011. These modifications relate to environmental remediation expenses, charitable retirement plan distributions, qualified tuition and fees, student loan interest, annual employer exclusions, transportation fringe benefits, educational expense exclusions, transportation fringe benefits, start-up expenditures, and depreciation of leasehold improvement.

Indiana tax modifications are, for the time being, temporary, and may return to original Indiana tax laws in several areas by 2015 and 2025. Though the tax modifications have been designed to reduce expenses, individual tax rates are higher than the 2010 rate. The Illinois tax rate also escalated for trusts and estates.

Taxes are a topic of concern for all Americans today. Tax laws are very specific for individuals and corporations. Laws relating to payment of taxes are also very specific. Tax payments and negotiations for payments plans are very different when compared to credit cards companies, utilities and any other type of business that you may develop a payment plan with. When payment plans for taxes are developed, income needs to be evaluated, expenses are considered and several other factors may play a role in the outcome the payment plan. It is very important to stay on top of taxes with the best form of preparation. Accountants are the best assistants to help prepare your taxes. It is very important to meet deadlines and fulfill your agreements with the IRS on the state and federal level. If you cannot make

July 18, 2011

Humira Defective Drugs Law Suit

by Burton A. Padove

Humira, manufactured by Abbott for the treatment of arthritis, has been known to cause a fungal infection, which may be life threatening in certain people who may be considered candidates for the medication. Since all medications have some level of risk, this may not be a surprise. Yet, what is a surprise is that some suspect that Abbott did not disclose this risk to the public until after the company had distributed the medication nationwide.

In 2010, Abbott Laboratories filed a letter to make physicians aware of the risk of fungal infection associated with Humira use. However, some contend that Abbott knew about the risk of fungal infection for quite some time before the company issued the warning to physicians. In 2008, the FDA required Abbott to warn physicians about several fatal risks associated with Humira, such as, Histoplasmosis.

Other side effects associated with Humira include: optic nerve damage, lymphoma, vision issues and other nerve damage.

July 15, 2011

ILLINOIS CLASS ACTION FILED FOR AVANDIA VICTIMS

by Burton A. Padove

Class Action Suit for Avandia in Illinois

Avandia is a target for over 40 lawsuits filed in Illinois that were filed in St. Clair County Circuit Court in May 2011. There are many other lawsuits throughout the U.S. against the makers of Avandia, a diabetes medication linked to cardiovascular disease and heart attack manufactured by GlaxoSmithKline. It is contended that GlaxoSmithKline aware of the risk in 2005 but did not properly inform the public. Therefore, people were not permitted to make a well informed decision about the benefits and risks associated with the drug. The most recent Avandia lawsuits filed in Illinois account for an estimated$600,000 in damages.

Approximately four years ago, The New England Journal of Medicine released a report demonstrating the risk of cardiovascular issues associated with Avandia. The FDA then issued a black box warning about the risk of cardiovascular issues. The injuries that people using Avandia have experienced include: congestive heart failure, heart attack, stroke, liver failure, bone fractures, vision loss and death. Despite the request from several interested parties to remove the drug from the consumer market, Avandia has never been recalled in the U.S. Instead, the FDA issued restrictions on the purchase of Avandia. The restrictions include that Avandia only be available at specific pharmacies. People interested in taking Avandia must participate in an educational program about the drug.

July 7, 2011

URGENT SAFETY NOTICE TO BASEBALL AND SOFTBALL PLAYERS

by Burton A. Padove

RECALL ON MIZUNO BASEBALL AND SOFTBALL GLOVES

The U.S. Consumer Product Safety Commission, in cooperation with Mizuno, today announced a voluntary recall of Mizuno Supreme Series and Ballpark Pro baseball and softball gloves. Consumers should stop using recalled products immediately unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.

Some gloves were found to contain a variety of molds that could cause respiratory or other infections in persons suffering with chronic health problems, or in individuals who have impaired immune systems.

July 2, 2011

Indiana Law Changes Affect Planned Parenthood

by Burton A. Padove

The Indiana Legislature has decided to take away the allocation for public funding for Planned Parenthood recently, a notable change in the new abortion law. Indiana is now the first state that will not provide funding for abortions. Planned Parenthood funding has been eliminated effectively immediately. In fact, soon Medicaid patients may be a risk of a cut off from services as well.

This Indiana law means that it is also the first state to deny Medicaid funds for preventive health services as well, including: gynecological pap smears and breast exams. Missouri and Texas have also eliminated Medicaid grants for family planning. The Indiana Right to Life program also supports this claim.

Indiana abortions are also banned following the 20^th week of pregnancy unless the pregnant woman is at risk of a life threatening illness.

July 1, 2011

NO TEXT AND DRIVING INDIANA ALERT

by Burton A. Padove

Effective today, it is now illegal to text or email and drive in Indiana. Doing so is now an infraction subjecting the unsafe and negligent driver to a $500 fine. It is hoped that the new law will lessen driver distraction and decrease many car accidents caused by the failure of drivers to keep a proper lookout as they read, text and drive.

Indiana lawmakers indicated that the law against texting will prevent many auto accidents especially among teenagers that can cause serious injuries, damages and even wrongful deaths. However, the law does not prohibit game playing, picture taking and even surfing while driving!

Fortunately, Indiana has other laws that an injury lawyer can rely upon in helping clients. A distracted driver may not realize that they are speeding or approaching areas that require speed reduction for the safety of other drivers and their own passengers. The Indiana Vehicle Code requires that the driver of each vehicle shall, drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, approaching and going around a curve, or hill crest, while traveling upon a narrow or winding roadway and when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.

June 4, 2011

Medical Device Recalls

by Burton A. Padove

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

1) How long the technology been available?

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

May 25, 2011

Indiana Physician Sited for Charging Patients for Treatment Not Rendered

by Burton A. Padove

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

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

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

May 21, 2011

Pharmacy Mistakes: Be Aware

by Burton A. Padove

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

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

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

May 19, 2011

Dog Bite Prevention Tactics

by Burton A. Padove

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

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

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

indiana injury and family lawyer blog