Indiana Injury And Family Lawyer Blog

February 19, 2011

Strawberry Banana Smoothies Recall

Strawberry Banana Smoothies sound so healthy who would ever expect that there could be risks associated with drinking such a great Smoothie. However, Strawberry Banana Smoothies have been taken off the market by distributors and manufacturers, f’real® foods and Smith’s Dairy Products Company. The notice for recall the Strawberry Banana Smoothies was sent out after testing by the manufacturer that uncovered a different flavor comparison for the 16 oz. lot number 6/21/2012 Strawberry Banana Smoothies. The result of the comparison was that the level of peanuts contained in one Smoothie lot could lead to a serious or life threatening illness for people that have allergies to peanuts.

f’real® foods is a company that creates, sells and markets milkshakes, smoothies and frozen cappuccino beverages that are made from ” true ingredients”, such as, ice cream, fruit, milk and coffee. They also have a dedicated food safety program in place to monitor and distribute products for the highest quality level. The company contacted the companies who were selling the affected Strawberry Banana Smoothies by phone and in writing to inform them about the risk and the recall.

Consumers who have Strawberry Banana Smoothies should not drink the Smoothies and can contact f’real® at 1-877-367-7325 for a refund.

February 15, 2011

Indiana Medical Malpractice Tips

by Burton A. Padove

Indiana law conflicts were suited to reshape the statute of limitations for medical malpractice. According to Indiana statues, a medical malpractice lawsuit must be brought against a party within two years of failure to treat, neglectful injury or wrongful death. Recently, the Indiana Supreme Court weighed in on conflicts for lower court decisions in which the Supreme Court decided that the statue has merit, but cannot be applied in cases when the injured party was not able to learn about the condition until after two year rule. In this exception, injured parties may file a lawsuit within two years after the discovery of the medical malpractice.

This decision served a breast cancer patient well so that she could recoup losses for a physician’s failure to diagnose her breast cancer. Several other medical malpractice victims received proper attention for their complaints under the same exception.

The majority of medical malpractice cases in Indiana fall under the Medical Malpractice Act. However, if the physician does not participate in a state sponsored excess insurance program, other laws may apply. In all medical malpractice cases, there are numerous conditions that just be met in order to qualify for a lawsuit, including, but not limited to:

February 13, 2011

Nuvigil Drug Linked to Steven’s Johnson Syndrome

by Burton A. Padove

Nuvigil, a drug used to treat jet lag, has been linked to Steven’s Johnson Syndrome which is a life threatening disease signified by skin rashes and skin death that may encompass many areas of the body. Nuvigil, manufactured by Cephalon, was approved by the FDA to fight off fatigue and narcolepsy, but is not FDA approved for use in the treatment of jet lag. In fact, the FDA rejected the request of Cephalon to be approved for jet lag and the end result may be lawsuits.

Nuvigil is also associated with less severe side effects, such as, headaches, insomnia, and nausea. However, the risk of Steven’s Johnson Syndrome is significant and must be considered when interested in using the drug. Typically, a good rule of thumb is that the benefits of a drug have to outweigh the risks in order for the drug to be truly beneficial. So, if you are suffering from jet lag, the suffering of jet lag is less severe than the risk of Steven’s Johnson Syndrome. Steven’s Johnson Syndrome involves skin sloughing and the damage is typically permanent. People often have to be treated in burn units and the final result can be fatal. Some people who have Steven’s Johnson Syndrome and took Nuvigil may be entitled to financial compensation for their pain and suffering and that of their loved ones.

If you, your family or a friend have suffered damages and need assistance in asserting your rights for justice and compensation, contact PADOVE LAW, toll free at (877) 446 5294 for a free consultation.

February 13, 2011

Indiana Law Trash Modification

by Burton A. Padove

Trash law for depositing electronics in household receptacles has changed, making a change in the protocol for throw away electronics in Indiana. Since the National Safety Council expects that close to 250 million computers in five years and 130 million mobile phones annually will be discarded, the concern about hazardous materials entering the environment from being deposited in landfills or in incinerators has risen. Electronics contain hazardous materials, such as lead, mercury, and hexavalent chromium that when released into the air may cause a variety of diseases like cancer, particularly for high risk people.

For this reason, electronics are now forbidden from being deposited into the trash in Indiana. Instead, residents may take their computers, television sets, and mobile phones to local collection locations and solid waste management facilities. There are also many manufacturers who are happy to take back your unwanted electronics. These options offer a method to properly recycle electronics and reduce the risk that harmful containments will be released into the air, ground and water supply.

While computer monitors, computers, hard drives, scanners, keyboards, televisions and the like may emit harmful chemicals when placed in trash, recycled electronics provide useful materials for mankind. In 1998 alone, over 112 million pounds of recyclable materials were acquired from unwanted electronics. These materials include steel, glass and plastic.

February 10, 2011

Sanofi Lawsuits When Drug Linked to Liver Damage

by Burton A. Padove

Sanofi lawsuits may shortly be underway since two of its drugs have been linked to seizures and liver damage, resulting in serious personal injury. In 2009, the Food and Drug Administration approved Multaq to treat atrial flutter and atrial fibrillation, also known as, irregular heart rhythms that can result in reduced blood flow throughout the body and consequential strokes. There have been over half million prescriptions dispensed since the drug was approved in 2009. There have also been numerous reports of liver damage and two of these cases involved the removal of the liver for these patients.

Multaq already has a black box warning stating the drug can cause life threatening consequences and death, in people with recent severe heart failure and should not be used in those patients. The common side effects of the drug include: fatigue, loss of strength, diarrhea, nausea and vomiting. Signs of liver toxicity include: nausea, vomiting and fever in which case patients must have their liver enzymes tested and tests may be required to be repeated on a regular basis to ensure that liver toxicity or other harmful consequences do not occur.

The Sanofi-Aventis SA flu vaccine is also being investigated by health officials due to its link to fever related seizures in children less than two years of age.

February 6, 2011

Snowmobile Recall for Artic Cat

by Burton A. Padove

Winter is a great time for snowmobiling. Yet, when a snowmobile loses control on its own accord, the personal injuries can be devastating and may result in a host of Indiana and Illinois lawsuits. This may hold true for Artic Cat Snowmobile owners since these cats were recalled recently. The 2010 model Artic Cats manufactured at the company’s Thief River Falls, Minnesota plant were recalled. Owners are advised to immediately stop using the snow mobiles and to contact their local Artic Cat dealer.

In these types of recall cases, manufacturers will often discover flaws in equipment following reports from users. In the case of Artic Cat, there were 13 reports that the suspension arm cracked during use which may lead to loss of control of the vehicle. There were no reports of injury or accidents to date. Yet, engineers will typically design out the flaw to prevent the risk of the malfunction and consequential personal injuries following reports. So, it is wise for owners of all 2010 Arctic Cat Z1, TZ1, F, Bearcat, M, and CF model snow mobiles, including: all model feature and color variations are included in the recall to visit an Arctic Cat dealer for a repair.

Arctic Cat and the U.S. Consumer Product Safety Commission joined together to announce the recall. Owners are typically contacted by mail and through announcements, such as, this announcement. If you have any questions regarding the recall, you may contact Artic Cat direct at 1-800-279-6851.

February 2, 2011

Vitamin Water Lawsuit

by Burton A. Padove

Vitamin Water may have associated with healthy living by providing a means for hydration, but the result of its advertising is a lawsuit. Advertisements portraying basketball stars in support of Vitamin Water can lead one to think that Vitamin Water offers health benefits. Of course, it’s true that Vitamin Water contains less sugar than Coca Cola, the maker of Vitamin Water. Yet, 33 grams of sugar found in Vitamin Water suggest that the beverage is just a step down from the typical soft drink beverage. In fact, many studies suggest that sugar can trigger added caloric intake which contributes to the obesity problem in the U.S. Add to this health care costs for treating the obese, it’s difficult for authorities to accept that a drink, such as, Vitamin Water containing 33 grams of sugar, offers health benefits.

Authorities weighed in on this topic in a lawsuit brought about by the Center for Science in the Public Interest who alleged that Vitamin Water labels and advertising contain deceptive and unsubstantiated verbiage. Federal Judge John Gleeson, of the U.S. District Court for the Eastern District of New York, ruled in favor of the allegations through a 55 page ruling.

Coca Cola did not feel that the company’s advertisements for Vitamin Water were misleading or suggestive that the beverage offers health benefits. Yet, there is a contention that many consumers may feel that the beverage is nutritional and is preventative for obesity, simply because of the name implication alone.

January 27, 2011

Jury Selection Process Revised?

by Burton A. Padove

After the District Attorney Armando R. Villalobos of Cameron County in Texas announced that he was considering reviewing Facebook profiles as part of the jury selection process, it is suspected that this criterion may eventually become a part of all candidates involved in the jury selection process. Jurors must submit names and basic information, such as employers, religion, and children. Attorneys can also check Google through their smart phones to identify any questionable items.

It’s interesting to see how the Internet has played a role in law. The biggest issue has been fraudulent purchasing activities. Obviously, online purchases are very appealing. A hassle-free purchase experience is highly desirable in today’s market. The Internet offers a great convenience. The Internet also offers a wide variety of items to choose from in varying styles. This allows for a much broader selection of items to select from which provides for a greater shopping experience.

By the same token, the Internet is associated with risks and warnings. The FTC Rules govern Internet purchases. It is known that in Internet purchases the requirement of the FTC states that goods must be shipped at the time that is stated on the website. Goods must be shipped within thirty days of your purchase when there is no time specified for delivery of the purchase.

January 23, 2011

Colon Cleanser Internet Warning

by Burton A. Padove

The U.S. District Court for the Northern District of Illinois has placed a temporary receiver over Central Coast Nutraceuticals Inc. There were also several other companies involved, including: iLife Health and Wellness LLC, Simply Naturals LLC, Fit for Life LLC, and Health and Beauty Solutions LLC. These are Internet based companies. The colon cleansers distributed by Central Coast Nutraceuticals Inc. and its affiliates have been directed to stop selling Colopure and their company assets are being frozen, according to the FTC.

Internet sales rip offs totaling $30 million in 2009 have been based on “deceptive advertising and unfair billing practices”. There have been over 2,800 complaints filed with law enforcement agencies and the Better Business Bureau.

Buyers will be able to participate in a risk free trial by producing evidence of illegal billing. The estimates of people affected in the scam total approximately 1 million.

January 19, 2011

TRUCK ACCIDENT VICTIMS INVITED TO SORROW CONFERENCE

by Burton A. Padove

Please attend the 2011 Sorrow to Strength Conference for Truck Accident Victims, their families and all other interested people. This truck safety conference will be held in Washington, DC from Saturday, April 30th to Tuesday, May 3rd. We hope to bring together families and friends of truck crash victims and truck crash survivors. There is no charge, and the conference is open to all survivors, advocates, and legal/medical/other related professionals interested in truck safety. This is an opportunity to join with others for a weekend of sharing, remembrance, and workshops. On Monday and Tuesday the participants will bring their messages for improved truck safety policies and laws to Capitol Hill and the Department of Transportation during meetings which will be pre-arranged for those with something to say about truck safety and attended by a Truck Safety Coalition staff member.

If you are interested in attending,or have any questions call the truck safety organization at 888.353.4572 or 703.294.6404. You can also send an email to info@trucksafety.org. More information will be posted at www.trucksafety.org in the near future.

You may also contact Burton A. Padove a truck safety member for more information on this conference, truck safety issues and for truck and tractor trailer accident representation. Attorney Burton Padove accepts trucking negligence cases for seriously injured victims on a no recovery-no fee basis. Truck/car collisions result in wrongful death, brain injuries, paralysis, fractured bones, internal damage, pain, suffering , disability, disfigurement and lost income every day, not only on the interstates, but in towns and on highways and roads everywhere.

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