Fleschner, Stark, Tanoos & Newlin

May

Repeat Intoxicated Drivers Present Serious Risk Of Accidents to Motorists

May 15, 2013

The problem of repeat drunk drivers is a major problem in the United States today that puts every motorist at serious risk of death and injury. In fact, the non-profit organization, Mothers Against Drunk Driving (MADD), estimates that roughly one-third of all the individuals who are arrested for drunk driving related offenses are repeat offenders.

The problem truly hits close to home after WBIW News reported that a 31-year-old Linton, Indiana, woman had been arrested recently on her third Operating While Intoxicated (OWI) charge. Reports indicate the woman was arrested on the charge after she was involved in an Indiana Drunk Driving Accident with another vehicle at the corner of North West 7 and E Streets in Linton on May 2.

While a judge who arraigned the woman recommended that the Bureau of Motor Vehicles revoke the woman’s driving privileges until the case is resolved, studies show this may do little to deter a drunk driver from getting behind the wheel. Data indicates anywhere from 50 to 75 percent of convicted drunk drivers will continue to get behind the wheel on a suspended license.

So, what can be done to ensure drunk drivers stay off the roads? Many states are considering regulations that requiring an ignition interlock device be installed on the vehicle of anyone who is convicted of a drunk driving offense.

The Terre Haute Personal Injury Lawyers with Fleschner, Stark Tanoos and Newlin applaud any measure that takes drunk drivers off the road.

May

Indiana Lawmakers Considering Bill To Reform State’s Workers’ Compensation Program

May 8, 2013

In an effort to cut costs associated with Indiana Workers’ Compensation Benefits, lawmakers are urging Governor Mike Pence to sign into law a bill that was recently approved by the General Assembly.

House Bill 1320 would establish a fee schedule for healthcare costs incurred by those who are injured on the job that would help wrangle in the amount that is spent on medical supplies and devices. According to a story published by Workers Compensation, the bill would hold costs at roughly 200 percent of Medicare. Furthermore, repackaged drugs would not be sold for more than the average wholesale price of the item, which is established by the original manufacturer. Medical facilities wouldn’t be allowed to charge more than the cost of a device that is implanted, plus 25 percent, under the new law.

Such regulations have been deemed a success in states that currently have similar laws.

A decision from the governor as to whether or not he will sign the bill into law is expected to be made in the next several weeks.

Fleschner, Stark, Tanoos & Newlin and their team of Terre Haute Personal Injury Lawyers acknowledge how complex the laws surrounding receiving Workers’ Compensation benefits can be. That’s why the firm urges anyone who is considering applying for benefits or who has had their claim denied in the past discuss their legal rights and options with an attorney as soon as possible.

May

Study Finds Misdiagnosis To Be Leading Cause Of Medical Malpractice Payouts

May 1, 2013

A Medical Malpractice Lawsuit can be filed for any number of negligent acts performed by a doctor that result in injury to a patient; however, a new study has shown that misdiagnosis is the leading cause of claim payouts.

According to a story released by FOX 7 News, researchers from Johns Hopkins School of Medicine examined a database of medical malpractice claims that had been filed between 1986 and 2010. Of the claims that were looked at, it was discovered that misdiagnosis was responsible for roughly 35 percent of all claims and accounted for more than $38.8 billion in payouts to injured patients. These findings led researcher to conclude that an estimated 160,000 patients per year are the victims of misdiagnosis.

This common mistake seemed to be more prevalent among those who were considered outpatients. When a misdiagnosis was made with a person who had been checked into the hospital, the results were more likely to be fatal.

The findings have left many citizens concerned for their safety and wondering what they can do to prevent being the victim of such a medical error. Experts say one of the best ways to prevent misdiagnosis is to be thorough in the explanation of symptoms to a doctor and to ask plenty of questions.

The Terre Haute Personal Injury Attorneys with Fleschner, Stark, Tanoos & Newlin are hopeful these safety tips will help protect the public from the dangers of a misdiagnosis by a physician.

Apr

Investigators Say Speed Caused Fatal Indiana Car Accident

April 24, 2013

The National Highway Traffic Safety Administration (NHTSA) estimates that speed is a contributing factor in roughly one out of every three fatal accidents in the United States today. Reports indicate that it played a part in a recent Indiana Car Accident that claimed the lives of three teenagers.

The crash happened on March 7, just before 10:00 a.m., at the intersection of County Road 850 West and Fairgrounds Road in southeast rural Indiana. According to an article from The Republic, the 17-year-old driver of a pickup truck downshifted and accelerated when he saw the vehicle of a peer approaching a stop sign at the intersection. Neither truck stopped for traffic signs and the two trucks slammed into one another, killing the driver and passengers in one of the vehicles.

An investigation into the crash determined the surviving driver was traveling at more than 80 mph at the time of the collision. He had been cited by law enforcement for traveling 85 mph in a 55 mph zone just a month before the fatal crash.

Investigators also concluded through skid mark analysis that neither vehicle attempted to slow before the collision occurred.

Troopers say they are recommending charges be filed against the speeding driver for his part in the crash.

The Terre Haute Personal Injury Lawyers with Fleschner, Stark, Tanoos & Newlin ask that motorists think twice before traveling above the posted speed limit.

Apr

Indiana Works To Prevent Accidents With Work Zone Safety Awareness Campaign

April 17, 2013

As the weather begins to warm in Indiana, crews with the state Department of Transportation are beginning to break ground on several new highway projects. With more employees on the state’s highways though, the chances of a worker being killed by an Indiana Auto Accident also increases. To help combat this problem, Governor Mike Pence announced this week would be Work Zone Safety Awareness Week.

According to a story from WTHITV 10 News, Pence kicked off the campaign, called “We’re All In This Together”, earlier this week at a news conference that was held in conjunction with the Indiana State Police (ISP). An ISP spokesperson, veteran Trooper Joe Watts, explained that as part of the campaign, the agency would be cracking down on motorists who commit any violation that puts state highway workers at risk of death or injury. Some of the most common infractions Troopers will be watching out for include:

Speeding
Distracted Driving
Tailgating
Driving Under The Influence of Drugs or Alcohol

Watts added that Troopers would be utilizing several undercover vehicles to catch motorists committing safety violations. Another new technique being tested is clocking speeding vehicles from the air via helicopter.

Fleschner, Stark, Tanoos & Newlin and their team of Terre Haute Personal Injury Attorneys applaud the efforts being made to better protect both workers and motorists from the dangers construction zone accidents can present. The firm asks that motorists be extra vigilant when traveling through these areas.

Apr

IU Health Utilizes New Technology To Prevent Medical Errors From Occurring

April 10, 2013

Surgical sponges being left in the bodies of patients can be a costly, and potentially deadly, mistake that can result in an Indiana Medical Malpractice claim being filed. To keep these mistakes from occurring at facilities in the IU Health system, the group has invested in a piece of technology that can help prevent such surgical errors.

An article from FOX 59 News stated three hospitals in the IU Health system have been equipped with radio frequency tracking devices that can be used to ensure surgical sponges are not left in the body of patients after having a procedure preformed. The devices cost the hospitals around $250,000, yet only adds an additional cost to patients of around $8 per procedure when the device is used.

One particular hospital saw a total of 13 incidents involving sponges being left in patients six-years ago; however, since the system was implemented, the facility has recorded no such surgical errors.

The use of the technology came just after an executive order mandated that all cases of foreign objects being left in a patient’s body be reported to the state.

Fleschner, Stark, Tanoos & Newlin and their team of Terre Haute Personal Injury Attorneys applaud the efforts being made to prevent surgical errors at hospitals in Indiana; however, accidents can still occur. The firm may be able to help if a patient has been harmed by an error that was made while under the care of a physician.

Apr

Several Tips On How To Prevent A Dog Bite Injury

April 3, 2013

The Centers for Disease Control and Prevention estimates that more than 4.7 million individuals sustain a Dog Bite Injury each year. An article from the Kokomo Tribune discusses this growing problem and what citizens can do to prevent being the victim of such an injury.

The story explains how children and the elderly are often the most common victims of dog bite injuries. Many people wonder what causes a canine to feel the need to attack. While experts say some cases involve a lack of properly socializing the animal, more often the animal is just trying to protect itself by eliminating a perceived threat.

So, what can you do to better protect yourself and your family from the dangers of an aggressive dog? It is important to teach children to always ask an owner of a dog if it is okay to pet the animal before approaching it. Furthermore, kids should be instructed to never run from a dog. This can trigger the animal’s instinct to chase and bite. Instead, they should be told to stand still and not make eye contact with the animal.

If a person is bitten, the dog that is responsible for the attack should be reported to animal control immediately.

The law firm of Fleschner, Stark, Tanoos & Newlin and their team of Terre Haute Personal Injury Attorneys are hopeful these tips will help prevent attacks and encourage citizens to safely interact with canines.

Mar

Terre Haute Truck Accident Claims Life Of A Local Woman

March 27, 2013

A Terre Haute Truck Accident that occurred last week was responsible for claiming the life of an 80-year-old woman. A spokesman for the Vigo County Sheriff’s Department, Sheriff Greg Ewing, stated investigators believe distracted driving may be a contributing factor to the fatal collision.

According to Channel 14 News, the crash happened just after 12:00 p.m. at the intersection of 56^th Street and U.S. Highway 41. Reports indicate traffic had stopped at the intersection in the moments prior to the crash occurring. That’s when it is believed something may have fallen to the floorboards of a semi-truck closing in on the stopped traffic. When the driver reached for the object though, he took his eyes off the road for a split second. This proved to be long enough to not recognize the vehicles halted in front of him and he plowed into the rear-end of the victim’s car.

The force of the impact caused the victim’s car to smash into others in front of her. Rescue crews were then called to the scene, but the victim was declared dead before she could be transported to a trauma center for treatment.

Detectives have said they are continuing to investigate the crash and charges against the truck driver may be filed at a later time.

Fleschner, Stark, Tanoos & Newlin and their team of Terre Haute Personal Injury Attorneys would like to send their deepest sympathies to the family of the victim.

Mar

FDA Issues Voluntary Recall Of Avastin®

March 20, 2013

This past Monday, the U.S. Food and Drug Administration (FDA) announced it had partnered with drug manufacturer, Clinical Specialties, in issuing a recall on 79 lots of the drug, Avastin®. A press release from the agency explained the drug could be responsible for causing serious eye infections in patients due to contamination.

Avastin® was approved for use in the United States several years ago as a cancer treatment, but has been used off-label recently in the treatment of macular degeneration. During treatment for the eye condition, the drug is directly injected into the inside of the eye.

The recall was issued after reports were received of five patients being afflicted with internal eye infections after receiving the injections.

This isn’t the first time the medication has been linked to a serious Drug Injury though. The FDA issued a warning in 2011 after five patients were blinded after receiving the injections to the eye. Another dozen patients developed eye infections as well.

Those in possession of the affected product have been instructed to halt use of the product immediately and to contact the manufacturer. Anyone who has been harmed by the product should contact the FDA to report his or her condition immediately.

The Terre Haute Personal Injury Attorneys with Fleschner, Stark, Tanoos & Newlin recognize the dangers of using a recalled drug. That’s why the firm encourages anyone who has been harmed by use of Avastin® to contact a qualified attorney immediately to discuss your legal rights.

Mar

Indiana Stryker Defective Hip Implant Lawsuit Moves Forward

March 13, 2013

An Indiana Defective Medical Device Lawsuit will move forward after the U.S. District Court for the Southern District of Indiana ruled against a request to have the case dismissed.

In August 2005, court documents show the victim had a Stryker Trident hip replacement device implanted in her body. Shortly thereafter though, the victim began to experience pain, as well as popping and squeaking of the device at the site of the surgery. According to Injury Lawyer News, the patient eventually had to have a corrective procedure performed.

The victim later filed a lawsuit against the manufacturer of the device, alleging the product was the direct result of her pain and suffering. Stryker and its subsidiary companies called for the lawsuit to be dismissed on the grounds the Medical Device Act states such claims should not be heard. The U.S. Food and Drug Administration approved the implant as a Class III device and the law prohibits such claims from being made in regards to this class. Also, the defendant claimed the lawsuit did not specify whether the injury was the result of the product or a doctor’s error during the implant surgery.

The court disagreed with Stryker’s claims though, saying the defendant had shown the legitimacy of the lawsuit.

The Terre Haute Personal Injury Attorneys at Fleschner, Stark, Tanoos & Newlin may be able to help if you are preparing to file a personal injury lawsuit against the manufacturer of a defective product.

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