Attorney Blog

Illinois Medical Malpractice Trial Begins Over Skin Cancer Diagnosis

blog@www.2keller.com (news Author)17056 — Thu, 19 Aug 2010 08:00:00 EST

An Illinois man is suing a family practice doctor for medical malpractice after his wife died of skin cancer that she said was originally misdiagnosed.

Maria Storm went to a Maryville doctor in 1998 to have a large mole removed from her back. When it grew back quickly a year later, Storm went to family practitioner Dr. Patrick Zimmerman, who removed the mole once again but did not sent it out for testing for malignancy. In 2003, Storm was diagnosed with skin cancer and died of the disease two years later. She was 36 years old.

The skin cancer misdiagnosis trial went to court in 2007, but Douglas Storm received a retrial after it was discovered that one of the jurors lied about being involved in other personal injury cases at the time of the medical malpractice case. While Storm is arguing that the doctor absolutely should have sent in the mole for testing, especially after it had grown back, a medical expert for the defense argued that you can’t send in every mole you receive for testing and that Zimmerman was acting reasonably. The defense also argued that it was not clear whether the melanoma that Storm died up was originally at the site of the mole that was removed.

Even the defense’s medical expert, however, admitted that Storm’s mole did exhibit signs of cancer – though he still argued that Zimmerman’s choice not to test the mole wasn’t negligent.

Storm is suing for $50,000 per medical malpractice count in addition to other damages. In the first trial, which took place two years ago, he lost the case but won an appeal.

Veterans Affairs Prepares New Rules For Soldiers With PTSD

blog@www.2keller.com (news Author)17055 — Wed, 18 Aug 2010 08:00:00 EST

The Department of Veterans Affairs is getting closer to issuing new rules about which veterans can apply for an receive VA disability benefits for post-traumatic stress disorder.

The new rules put forth that veterans will no longer have to prove that they were in active combat and experienced being shot at or being in danger in order to prove that they suffer from the mental illness so common among soldiers returning from war. Instead, veterans will simply have to prove that they served under stress or experienced trauma while serving. Experts say that the new rule will likely affect thousands upon thousands of veterans – many who served in Iraq, Afghanistan, and even Vietnam.

While many supporters of veterans say that this will be wonderful news for the many, many soldiers who are suffering from PTSD and not getting help, others are more wary, saying that the new rule will inevitably attract cases of fraud – and cost the United States almost $50 billion over the next ten years. In addition, some worry that giving veteran’s disability payments to young soldiers will make them dependent on the government from an early age and may not encourage them to take control of their lives.

Most agree, however, that PTSD is a very serious issue that many men and women suffer from – a condition that affects their everyday lives and hinders every aspect of their lives, including their ability to work. The free mental healthcare that veterans with VA disability benefits could be a life-saving step for many.

Indianapolis Motorcycle Rider Critically Injured By Loose Canoe

allenw@2keller.com (blog Author)36908 — Mon, 16 Aug 2010 08:00:00 EST

One man is in critical condition in the hospital and another is facing multiple criminal charges after a motorcycle and car accident in Sheridan Lake, Indiana.

Indiana Police say that 31-year-old Corey Roberts of Hill City was drinking and driving, driving without a license, driving recklessly, and driving with an improperly tied down load when he caused an accident on Highway 385 outside of Indianapolis. The man’s canoe fell off of his car and struck an Indianapolis motorcycle rider, Billy Napier.

Napier, who was not wearing a bike helmet, was rushed to Rapid City Regional Hospital with multiple serious injuries. Roberts has been charged with a number of misdemeanors and a felony, vehicular battery. He is free on a $10,000 bond. He could face up to ten years in prison and $20,000 in fines for the Indiana motorcycle accident and for driving under the influence of alcohol.

Dangerous Rottweilers Will Be Rehabilitated After Lafayette Dog Attack

allenw@2keller.com (blog Author)36907 — Sun, 15 Aug 2010 08:00:00 EST

Two rottweilers will be taken from their owners and rehabilitated in the wake of two dangerous dog attacks that took place in Lafayette, Indiana, in recent months.

Indiana authorities say that the two aggressive dogs, named Nico and Dainjer, have bitten both a dog and a 12-year-old boy in recent months. The dogs have been reported roaming the neighborhood and out of their yard 15 times over the past year. A dog training specialist in Lafayette, however, has vouched for the dogs and says that with new training and with new owners, the two aggressive dogs could change their ways and make for safe pets. Over 30 people attended the hearing regarding the dangerous dogs – including many neighbors who said that they were happy to see the dogs go. The attendees included the parents of the boy who was bitten while riding his bike and the owners of a Husky who required surgery after being attacked by the dogs.

Chicago School Sued Over Bus Crash Involving Vomiting Driver

blog@www.2keller.com (news Author)16834 — Tue, 10 Aug 2010 08:00:00 EST

How safe are your children when they get on the school bus each morning? After a bizarre Chicago school bus crash in December of last year, many in Illinois are wondering.

Akilah Giddings, the mother of a 13-year-old girl who attends a Cook County school, has filed a personal injury lawsuit against the Illinois Center School Bus Company. Her daughter, student Jacqual Calbert, seriously injured her ankle in a bus crash and was in a cast for four weeks following the accident.

Cook County authorities say that the bus driver became sick while driving the vehicle and opened the door of the bus in order to vomit outside. However, he did not stop the vehicle when he became ill and tumbled out of the bus as he was leaning over to throw up. The unmanned bus then continued down the road and into a ditch, injuring several students. Giddings told reporters that she couldn’t believe the driver would not pull over if feeling sick and stated that she believes the negligence of the driver and the bus company caused her daughter’s injury. She filed the Illinois personal injury lawsuit on Monday at a Cook County Circuit Court. She is seeking $50,000 in damages.

The Illinois Center School Bus Company, one of the largest bus companies in the nation, has declined to comment on the Chicago bus accident lawsuit, though Giddings’ Illinois personal injury lawyer says that an out-of-court settlement might be in the works.

Indiana Traffic Law Changes Go Into Effect: Move It & Move Over Laws

blog@www.2keller.com (news Author)16833 — Mon, 09 Aug 2010 08:00:00 EST

Attention Indiana drivers: there are a few more rules of the road to follow – and they have officially gone into effect as of August 1. Be sure you understand the new laws and follow them on our roads, highways, and interstates.

The first new traffic law involves the 1999 “Move Over” law, which states that vehicles traveling on multiple-lane highways should move over into a far lane when passing a vehicle on the shoulder of the road, such as a police cruiser, emergency vehicle, tow truck, disabled vehicle, or abandoned vehicle.

Originally, the “Move Over” law stated that motorists should slow down when passing a vehicle parked on the shoulder if they were not able to move into a far lane. One new change to the law requires that drivers slow down at least 10 miles per hour when passing vehicles on the shoulder if they are unable to move into a far lane. Another new change to the “Move Over” law expands the types of vehicles that motorists should move over for, adding recovery vehicles, road maintenance vehicles, and utility vehicles. Lawmakers hope that this new change to the law will further reduce the number of shoulder accidents on Indiana highways and interstates.

Indiana lawmakers also added a new law, called the “Move It” law. This law states that motorists involved in a traffic accident that does not involve injury, fatality, entrapment, or the hazardous materials have a responsibility to move their damaged vehicles out of travel lanes and out of the way of oncoming traffic.

Indianapolis Hearing Held On I-69 Tanker Truck Explosion

blog@www.2keller.com (news Author)16832 — Sun, 08 Aug 2010 08:00:00 EST

The National Transportation Safety Board believes that a number of factors were responsible for the shocking truck tanker explosion that occurred last year on I-69 and I-465 outside of Indianapolis, Indiana. A public hearing on the truck accident, which seriously injured two people and harmed additional others, reviewed the findings of the investigation and proposed new safety measures that could prevent similar IN truck accident to take place in the future.

First, the hearing questioned the safety of the truck’s design. Many believe that the tanker rollover accident could have been prevented if the big rig had a lower center of gravity. One proposal put forth that lowering the tanks on trucks that carry hazardous materials could prevent ten percent of rollover accidents involving toxic chemicals and other dangerous cargo.

Secondly, the public hearing discussed the trucker in the case and the possibility of driver error. The truck driver, 73-year-old Ronald Tobias, said that the 18-wheeler accident occurred when he felt the back of the truck wiggle and he over corrected. However, other witnesses say that the trucker drifted into the left lane, was honked at by a car behind him, and then overcorrected, driving off the right shoulder and rolling his vehicle. One truck accident expert said that almost 80 percent of tanker rollover accident involve some form of trucker error.

Road conditions at the time of the accident as well as the overall health of the driver were also discussed at the Indiana truck accident hearing.

Lafayette Man Wants Stricter Moped Laws In Indiana

blog@www.2keller.com (news Author)16225 — Tue, 20 Jul 2010 08:00:00 EST

After a man’s son was seriously injured in a moped accident in May, his father is working to establish tougher laws in Indiana for moped and scooter riders.

Robert Jewell, a 48-year-old Lafayette man, suffered a severe traumatic brain injury on May 28 when his moped crashed into a minivan. Months before, the man had lost his license because of a drinking and driving charge. But although it was illegal for Jewell to drive a car or a motorcycle, the man was allowed to operate a moped – without getting an operator license and without having to wear a helmet.

Arthur Jewell, the man’s father says that there should be more restrictions for mopeds and other scooters in Indiana since they are motorized vehicles. Currently, there are no helmet laws and no licensing for scooters – anyone over 15 years of age can drive the scooters on Indiana roads. The vehicles, which top out at 25 miles per hour, are considered motorized bicycles.

According to a store in Indianapolis, scooter and moped sales are up considerably, with many teens taking advantage of the lack of regulations, the low prices, and the convenient manner of transportation.

Two recent scooter accidents in Carmel, Indiana, also have police and lawmakers wondering about Indiana scooter laws. A 15-year-old high school freshmen was killed in a collision with a truck, while just hours before and miles away another scooter rider was struck. On the second accident, another teen received a serious head injury while riding a moped.

One Killed In Elkhart County Fourth Of July Accident

blog@www.2keller.com (news Author)16221 — Sun, 18 Jul 2010 08:00:00 EST

While Independence Day is certainly an event to be celebrated, it is also sadly a time when accidents happen. Many of these accidents involve speeding, alcohol, fatigued drivers, or irresponsible behavior, while others simply happen because there are more cars on the road, more outdoor activities, and more events.

Over the Fourth of July holiday in Jackson Township, Indiana, a man was killed while attempting to unload a golf cart from a pickup truck. Authorities and the Elkhart Truth reported that 32-year-old Michael Corvin of Bristol, Indiana, was driving a golf cart out of the bed of a truck in a driveway along Indiana 15 when he drove into the roadway and was struck by a passing vehicle. The car accident, which took place on Sunday afternoon, July 4, involved an SUV driven by 24-year-old Christa Sharp of Milford, IN. Sharp had moved into the far lane of traffic to pass a slower vehicle at the time of the fatal Indiana car accident.

Corvin was pronounced dead at the scene of the accident by emergency responders. No one has been charged or ticketed in relation to the crash. Elkhart County’s Fatal Alcohol Crash Team is investigating the car accident although it is unclear whether alcohol played a role in the crash. The investigation took police about four hours and traffic on Indiana 15 between County Road 50 and U.S. 6 was halted for about two hours.

Family Wins $4.8 Million In Michigan Medical Malpractice Case

blog@www.2keller.com (news Author)16220 — Sat, 17 Jul 2010 08:00:00 EST

The family of a Newport, Michigan, man was awarded $4.8 million in a medical malpractice case that involved a morphine overdose at a nursing home.

In May of 2002, 76-year-old Burr Needham died at the Mercy memorial Nursing Center in Frenchtown Township. A medical examiner found that the man had died from a morphine overdose and ruled the death a homicide. Needham had entered the nursing center temporarily after a hip injury and was receiving physical therapy for his problem at the time of his death. Neither the doctor nor the five nurses that were caring fort the man could explain the morphine overdose. His charts do not show he was given any morphine at all although his autopsy clearly shows he died of morphine intoxication. He had been in the nursing center’s care for just over a week.

Needham’s wife, Betty, died in 2007. Both Burr and Betty had children from previous marriages. She received $3 million in the Michigan medical malpractice lawsuit for loss of companionship and loss of society. Another $1.5 million was awarded to Needham’s family for the pain and suffering that occurred at the nursing center. Finally, $350,000 was given to Needham’s family for damages, burial costs, and other related expenses.

The jury made their decision that the nursing home staff had been professionally negligent after a three-week MI medical malpractice trial that began on June 7.

The nursing home is expected to appeal the wrongful death case.

US Steel Worker Seriously Injured In Gary, Indiana

blog@www.2keller.com (news Author)16219 — Fri, 16 Jul 2010 08:00:00 EST

A steel worker in Gary, Indiana was seriously injured in an on-the-job accident this week, suffering multiple fractures after a car fell off of a rail and landed below. The man was airlifted to Loyola Hospital with a number of serious injuries, including a possible dislocated hip. He is in serious but stable condition.

The man, who has yet to be identified, was an employee of U.S. Steel Gary Works and was operating a transfer car at the time of the serious worker accident. The cars, which run on a rail, transport materials to the blast furnaces and are operated by a single worker. When a grinder under the car, which carries lime and coke, failed, the car tipped over and fell approximately 25 feet. The man was inside the car and suffering serious injuries when the car fell on top of him.

A union spokesperson said that the Indiana employee accident was likely caused by aging infrastructure or a lack of ongoing repairs. The representative said that the company knew that repairs were needed, but orders for contractors had been cancelled in the past.

The deadly worker accident is being investigated by the Indiana Occupational Health and Safety Administration as well as by U.S. Steel itself. U.S. Steel says that the company takes safety very seriously and will use the results of their investigation to make needed repairs and ensure that their workers have a safe environment.

VA Takes Steps To Ease Disability Application And Benefits Process

blog@www.2keller.com (news Author)16218 — Thu, 15 Jul 2010 08:00:00 EST

Acquiring US Veterans disability benefits can be a long, confusing and trying process, especially for those who suffer from injuries, diseases, and conditions that complicate their lives. Luckily, the Secretary of Veterans Affairs, Eric Shinseki, is taking steps to reduce the large VA disability benefits backlog and make it easier and faster for veterans to receive the financial support they need.

First and foremost, the Secretary of Veterans Affairs has reduced the amount of paperwork needed to apply for disability benefits, making it easier for workers to examine the applications and easier for disabled veterans to complete. The new forms, which are available on the VA’s website, have been cut more than in half, from 23 pages to just ten pages. In addition, the form has been made more clear and better instructions have been added, making it easier for veterans to correctly complete the forms and receive benefits faster.

The VA Department has also added two new forms in conjunction with its new Fully Developed Claim program, which allows veterans to turn in all necessary paperwork regarding their disability in one fell swoop. Since getting medical records, federal records, VA medication examination results, and other proof of injury or disability is often the most trying and longest part of the disability benefits process, these new forms and the new Fully Developed Claim program should help many veterans outline and submit their case with greater ease.

Wabash Motorcycle Accident Leaves Indiana Man Dead

allenw@2keller.com (blog Author)35147 — Thu, 15 Jul 2010 08:00:00 EST

The co-owner of a Harley-Davidson store was killed while riding a motorcycle in Roann, Indiana this week.

According to Indiana State Police Trooper Mike Tomson and the Times Union Online, 59-year-old Steven Allan Brandt was riding on a 2009 Street Glide Harley-Davidson on CR700 when he lost control of his bike and crashed. The local businessman was spotted by a passing motorist who called 911 on Thursday evening. While Brandt was airlifted to Parkview Hospital in Fort Wayne, Indiana, he died en route.

The Wabash County Sheriff’s Department reported that the bike left the road, flipped at least once, and landed in a ditch. Brandt, who is the co-owner of Brandt Harley-Davidson in Wabash, was reportedly not wearing a helmet at the time of the Wabash motorcycle accident. It is unclear why Brandt lost control of his bike and no other vehicles were involved in the crash.

Worker Killed By Tree Limb After Storm In Granger, Indiana

allenw@2keller.com (blog Author)35030 — Mon, 12 Jul 2010 08:00:00 EST

A worker helping with tree cleanup after a severe storm in Granger, Indiana, was killed when a tree branch fell onto the woman.

According to WSBT local news, 34-year-old Shannon Magezi of Granger was fatally injured as she stood under a tree where co-workers were removing a broken limb The branch split as the crew was cutting it and fell onto the woman. Magezi, an employee of Tree Are Us, suffered a traumatic head injury and was rushed to Memorial Hospital where doctors pronounced her dead. An autopsy will take place next week to confirm the cause of death.

The owner of Trees Are Us, Magezi’s stepfather, who was not present at the time of the deadly worker accident, is under investigation by the Occupational Safety and Health Administration. Magezi was not wearing a hard hat at the time of the Indiana on-the-job accident.

VA hospital exposes thousands of veterans to HIV and Hepatitis

allenw@2keller.com (blog Author)34366 — Wed, 30 Jun 2010 08:00:00 EST

A new slew of veterans disability claims are being filed by veterans who may have been infected with HIV. And the unbelievable part of this? It was a Missouri VA hospital that exposed the veterans to the life-threatening diseases.

According to the John Cochran VA Medical Center, 1,812 veterans have been contacted by a letter advising them that due to their medical facility's failure to properly clean dental instruments, it's possible that they may have contracted HIV, Hepatitis B, and/or Hepatitis C.

Hospitals like John Cohran that do dental work are required to sanitize equipment with special machinery such as an Autoclave that will ensure a dental patient's safety and protection from infection. Some of the technicians at the VA hospital broke protocol by handwashing the instruments, and according to hospital representatives, the improper cleaning techniques were being used for over a year.

IMPORTANT:

1. Any veteran who has a medical malpractice claim against John Cochran or other VA hospital needs to know that their claim is subject to the requirements of the Federal Tort Claims Act. Veterans who do not comply with the Federal Tort Claims Act’s notice requirements, will lose their chance to any and all disability and/or malpractice claims.

2. A veteran that was injured by John Cochran or other VA will also likely have two claims; the first claim being the medical malpractice claim against the hospital, and the second being an appeal to obtain or increase their VA disability benefits.

Veterans Affairs Sees Increase In Sleep Apnea Disability Cases

blog@www.2keller.com (news Author)15574 — Fri, 18 Jun 2010 08:00:00 EST

Over the last two years, the number of United States veterans receiving disability benefits for sleep apnea increased by 61 percent, from 39,145 cases in 2008 to 63,118 cases in 2010. Altogether, one out of five war veterans suffer from sleep apnea, while only five out of 100 people in the general population have been diagnosed with the condition.

Sleep apnea is a breathing condition that makes it difficult for sufferers to receive enough oxygen while sleeping. The condition can be caused by a number of factors, including obesity, but many veterans suffer from the disease because of the dust, toxins, grit, sand and fumes they inhaled whole in the armed forces. Sleep apnea can cause daytime drowsiness, sleep deprivation, snoring, sore throats, and headaches.

Experts, such as Max Hirshkowitz, director of the Sleep Disorder Center at the Houston Veterans Affairs Medical Center, believe that the number of veterans applying for sleep apnea disability benefits will only continue to rise in the coming months and years. Because many Baby Boomers who served in Vietnam are now getting older, and because a large number of Iraq War veterans are now returning home and realizing their health problems, many more veterans are expected to apply for sleep apnea disability benefits. All in all, the VA spends an estimated $500 million caring for veterans who suffer from this debilitating breathing condition.

While all agree that serving in the armed forces in dusty and toxic outdoor conditions can greatly harm one’s respiratory system, some believe that the sleep apnea being reported is also related to later-life weight gain.

Kokomo, Indiana, Girl Dies After Pit Bull Attack

blog@www.2keller.com (news Author)15573 — Thu, 17 Jun 2010 08:00:00 EST

A nine-year-old girl from Kokomo, Indiana, has died of dog bite wounds five days after her family’s pit bull attacked her in her own home. According to reports, Savannah Gragg was letting the family dog out of the front door when the animal lunged at her, brought her to the floor, grabbed her neck, and shook her violently. While the girl’s grandmother, who witnessed the attack, tried to free the girl, she was unsuccessful. The deadly dog attack too place on Saturday, May 29, 2010.

She was rushed to Indianapolis and admitted to Kokomo's Howard Regional Hospital. She was then transported by Life Line helicopter the Riley Hospital for Children, where she underwent surgery in an attempt to repair her mangled neck and trachea. Although she survived the surgery, she continued to be listed in serious condition on Sunday. The young girl died on Thursday afternoon, almost a week after the attack, according to Howard County Sheriff Marty Talbert.

The child suffered a lack of oxygen to the brain when her trachea was torn by the dog. She was declared brain dead on Thursday afternoon. The Gragg family told police that the dog had never shown aggressive behavior in the past.

The pit bull has been quarantined at a local animal control office as deemed by Indiana dog bite laws and will be put down in the near future. The fatal Indiana dog attack is still under investigation by Howard County authorities. Savannah was a third-grade student at Taylor Intermediate School in Kokomo this fall.

Illinois Study: Doctor Apologies Could Settle Medical Malpractice Suits

allenw@2keller.com (blog Author)33344 — Wed, 16 Jun 2010 08:00:00 EST

New research conducted by Jennifer Robbennolt at the University of Illinois suggests that the difference between a fraught medical malpractice case and a quick settlement may simply be the words, “I’m sorry.” While many attorneys will tell those being sued that making an apology after a medical error or injury is akin to an admission to guilt, this new study finds that saying your are sorry for a medical mistake can be the first step toward a just settlement out of court.

In the study, Robbennolt approached 550 volunteers with a hypothetical injury case and tested the waters with what would happen if the negligent party included an apology with their offer of compensation. More often then not, settlements that included apologies were more likely to be accepted.

What does this mean for Illinois medical malpractice cases? That injured patients and families want more than financial compensation – they want to hear doctors and hospitals accept blame, be responsible for their actions, and say they are sorry. However, it is still unclear whether or not apologies affect the size of the settlements that follow.

Pfizer Recalls Potentially Dangerous IV Drugs

allenw@2keller.com (blog Author)33343 — Tue, 15 Jun 2010 08:00:00 EST

The Food and Drug Administration (FDA) and drug manufacturer Claris Lifesciences have announced a nationwide recall of two intravenous antibiotics that could endanger the lives of patients with weakened immune systems.

Pfizer, the US distributor of the drugs, announced that antibiotics metronidazole and ciprofloxacin along with a third drug that treat nausea could be potentially harmful to some patients because of unsterile floating matter seen in some of the products. The company, along with the FDA has warned doctors, hospitals, and other medical facilities to stop using the drugs immediately. The prescription drug recall came about after federal regulators alerted the drug company to the issue. IN addition to recalling the above drugs, Pfizer has also recalled a number of other medical products that are either injectable or that use an IV.

Pfizer believes that the drugs were tainted during the manufacturing process at its drug plant. Pfizer has 80 percent of the recalled drug in its possession already and has not yet received news of any harmed patients.

Drinking Big Rig Driver Hits Tower On I-80 In Indiana

blog@www.2keller.com (news Author)15479 — Mon, 14 Jun 2010 08:00:00 EST

The Indiana State Patrol found an opened can of beer in the cab of a big rig driver responsible for hitting a camera tower off of Interstate 80 just across the Indiana boarder on Monday morning, June 7. After being asked about the beer, the driver, 52-year-old Jose Herrera admitted to drinking at least three beers before beginning his shift earlier that night.

The Indiana truck accident took place just before two in the morning, when Herrera said another trucker cut him off and forced him to run off of I-80, through a chain-linked fence, and into a 180-foot camera tower owned and operated by the Indiana Department of Transportation. The camera tower, which cost hundreds of thousands of dollars, was completely ruined in Indiana big rig accident. The tower also fell across the roadway, the onramp that connects eastbound Interstate 80-94 to southbound Interstate 65.

After admitting to drinking a commercial truck and driving, Herrera was arrested by Indiana State Police and taken to Lake County Jail on an OWI charge and a mischief charge. The other truck that was supposedly involved in the tractor-trailer accident has not been located.

Unfortunately, drinking and driving is not only a problem for car and pickup drivers – irresponsible truck drivers will drink on the road despite laws and regulations, putting others on the road in danger. Because trucks take more skill to drive and cause more damage when they crash, drunk truckers are a huge danger on Indiana roads.

Flint Michigan Woman Sues Doctor After Alleged Forced Abortion

blog@www.2keller.com (news Author)15478 — Sat, 12 Jun 2010 08:00:00 EST

A Flint, Michigan, woman is suing her doctor after she asked him to stop performing an abortion while on the operating table. The medical malpractice lawsuit she has filed lists seven counts, including lack of informed consent, battery, misrepresentation, intentional infliction of emotional distress, gender intimidation, and violating the Elliot Larson Civil Rights Act.

According to 20-year-old Caitlin Bruce, she was in Feminine Health Care Clinic on the operating table when her doctor, Dr. Abraham A. Hodari, began her scheduled abortion. However, as he began, she asked him to stop after seeing an ultrasound of her baby and he did not. Instead, she says that he ignored her and had a nurse hold her down as he finished the procedure. In the weeks following the event, she attempted to commit suicide and has been emotionally scarred.

According to Dr. Hodari, the woman asked him to stop the procedure after he had already begun, and stopping the operation would have led to a serious infection and put his patient in danger. He puts forth that he only wants women to have safe abortions.

Another obstetrician that was consulted opined that there were better options than holding the woman down, and if the procedure was partially done, she should have been transported to a hospital for treatment and a second opinion.

This Michigan medical malpractice case was filed in Genesee County Circuit Court on May 24, 2010.

Indiana Construction Worker Dies In Power Plant Fall

blog@www.2keller.com (news Author)15477 — Fri, 11 Jun 2010 08:00:00 EST

A construction worker is dead after a fatal fall at an Indiana power plant. According to the Knox County Sheriff Department and local news channels, the deadly fall accident occurred at the Duke Energy power plant that is under construction in Edwardsport, Indiana. This is the first major on-the-job accident to occur at the new power facility.

The construction worker involved in the fall was 52-year-old John Garrett of Owensville, Indiana. Initial reports claim that Garrett was working on the power plant and about 40 feet in the air when he fell onto the concrete below. Knox County Coroner Don Halter said that the man suffered major chest and head trauma when the scaffolding his was on collapsed underneath him. He was painting the inside of a tank at the time of the Indiana construction site accident.

Duke Energy released a statement voicing that "The company shares the family's grief,” and that "Duke takes safety very seriously." To show just how seriously they take safety, Duke stopped work immediately after the on-the-job construction accident and will hold a mandatory safety meeting tomorrow before allowing employees to return to work. Duke Spokesperson Angeline Protogere also noted that the man was working for a subcontractor, CBNI, at the time of the fatal fall accident.

The construction worker death will be investigated both by state safety authorities and by Duke Energy to determine what caused the accident. Fall accidents are one of the most common types of fatal construction site incidents in Indiana.

Indiana Participates In National Dog Bite Prevention Week

blog@www.2keller.com (news Author)15128 — Fri, 28 May 2010 08:00:00 EST

This week in Indiana the US Postal Service is celebrating National Dog Bite Prevention Week, a week of prevention and awareness of dog attacks, both for postal workers and all people. Unfortunately, dogs attack postal workers and mail carriers almost 2,900 each year and in Indiana alone 60 mailmen were injured by dogs while on the job. In addition to mail carriers being bitten by aggressive dogs, thousands of residents around Indiana are attacked each year, the majority of which are small children and the elderly.

How can you help prevent mail carriers in Indiana from being bitten by your dog?

•    Make sure that your mailman has a safe way to deliver the mail if you have a fenced yard and loose dog. Bring your dog inside or leash him if a mail carrier enters your yard during the day.
•    Don’t let your children take mail from a mail carrier – approaching a child might seem like a threat to a family dog.
•    Make sure your mail carrier knows about your pet and is comfortable around the animal.
•    Train your dog to obey commands – and to recognize the mail carrier as a friendly presence. If your dog can sit and stay, it is less likely to attack a mail carrier if you are present.
•    Spay or neuter your dog – fixed pets are much less aggressive and are less likely to attack anyone.
•    Understand that you are responsible for your dog’s actions and that you should be in control of your pet.

Elderly Harrison County Man Attacked By Three Pit Bulls

blog@www.2keller.com (news Author)15127 — Thu, 27 May 2010 08:00:00 EST

An elderly man was attacked by three pit bulls in Corydon, Indiana, while walking on his property this month. Harrison County officials say that the three pit bulls belonged to a neighbor who had an invisible fence to keep the animals on his property. Apparently, a fourth pit bull was protecting a litter of puppies and moved them to a shed on the property of the dog bite victim – and the three other adult pit bulls followed.

The shed and yard was owned by 86-year-old Marvin Brown, a former Navy boxer and long-time Indiana resident. The man was surprised by the three dogs, who attacked him in his yard without warning. His wife called 911 as her husband fought the dog off, but the man sustained serious dog bite injuries as he waited for help.

The three adult pit bulls involved in the attack along with the pit bull puppies are with animal control and in quarantine for ten days while animal control workers determine if any of the animals have rabies. Although the owner surrendered three of his four adult dogs, he is looking to get his animals back in the wake of the vicious dog attack. Brown is fighting to have the dogs put to sleep after they endangered his life and his family.

The pit bulls could have attacked because they were protecting a nearby litter of puppies; however, the owner is responsible for keeping them on his property and prevent them from harming others.

VA To Develop Automated Agent Orange Disability Claims System

blog@www.2keller.com (news Author)15126 — Wed, 26 May 2010 08:00:00 EST

Veterans will soon have a much better and easier way to apply for VA disability benefits if they have been harmed by Agent Orange while in the line of duty. According to NextGov and iHealth Beat, the United States Department of Veterans Affairs is accepting bids from technology companies for an automated system that would take red tape and guess work out of injured veterans receiving monetary support for their medical conditions.

The automated claims system, which will be the first of its kind in the VA disability benefits process, will examine applications in which former soldiers have suffered from 15 different diseases and conditions stemming from their exposure to the toxic chemical Agent Orange. These diseases include: certain leukemias, Parkinson's disease and ischemic heart disease, acute and subacute peripheral neuropathy, al amyloidosis, chloracne (or similar acneform diseases), chronic lymphocytic leukemia, diabetes mellitus (type 2), hodgkin’s disease, multiple myeloma, non-hodgkin’s lymphoma, porphyria cutanea tarda, prostate cancer, respiratory cancers, and soft tissue sarcoma.

The VA recently changed its list of diseases associated with Agent Orange, a move that they expect will result in an extra 200,000 applications from veterans across the country. They hope that the new automated system will prevent a backlog of claims and help veterans get the support they need as quickly as possible. Last year the VA processed an estimated one million VA disability benefits applications. They are giving contractors two weeks to submit proposals for developing the new automated claims system.

Fiery Clark County Crash On I-265 Leaves Five Seriously Injured

blog@www.2keller.com (news Author)15124 — Tue, 25 May 2010 08:00:00 EST

A dramatic crash on Interstate 265 in Clark County resulted in five people being rushed to the hospital with serious injuries and a closed interstate as police investigated this Indiana car crash. Three passersby, including one off-duty Jeffersonville police officers are being hailed as heroes after pulling two victims from their car before it burst into flames after the accident.

According to the Jeffersonville News & Tribune, a car containing 31-year-old Jason Baker and 34-year-old Linda Needler, both of Charlestown, was driving down I-265 when the car suddenly swerved across the median and ran into oncoming traffic. The car struck a Pontiac containing 28-year-old Glennisha Odom, of Louisville, 27-year-old Erica Palmer, and 16-year-old Natascia Leonard, all of Louisville. The second car also contained two babies that were secured in child safety seats.

The occupants of the first car were unconscious and pulled to safety by JPD Officer Thomas Mitchell, Mike Dean, of Charlestown, and Fred Morales, of Jeffersonville. Moments later, the car was consumed by flames.

Baker and Needler both suffered serious injuries, as did Odom, Palmer, and Leonard. All but Odom were taken to University Hospital in ambulances, while Odom was airlifted there with multiple leg fractures and other injuries. The two babies were unharmed in the Indiana car accident.

Indiana State Police do not yet know what caused the first car to drive across the median into oncoming traffic – they are investigating the Indiana car crash and took blood samples from the driver involved.

Indiana Construction Worker Struck And Killed By Drunk Driver On I-94

blog@www.2keller.com (news Author)15121 — Mon, 24 May 2010 08:00:00 EST

An Indiana construction worker was killed while filling in pavement cracks on Interstate 94 in Valparaiso, Indiana, according to Sun-Times Media. Indiana State Police reported that 49-year-old Roger Sadler of Michigan City, Indiana was struck by a red Chevrolet on Friday evening in an IN hit-and-run accident. The fatal worker accident had I-94 closed until 5:30 AM the following morning.

Sadler was rushed to Porter Hospital in Valparaiso and then transferred to Loyola University Medical Center in Maywood due to his critical condition. He died of his car accident injuries on Sunday, said the Cook County Medical Examiner’s office.

Sadler was struck by a drunk driver, 21-year-old Ricardo F. Bustos of East Chicago, Indiana. Bustos continued driving after hitting the construction worker and traveled to his mother’s house while looking out of his side window since his windshield was shattered. His mother called the police when she saw the damage on the car. Bustos was red-eyed and wobbly when police arrived and he had a blood alcohol content of 0.124 hours after the construction worker accident occurred. He admitted that he and a friend had been drinking on Friday and had even been kicked out of a club for intoxication.

Bustos was charged with four counts of felony drunk driving and with leaving the scene of an accident and is being held at Porter County Jail in Valparaiso. The friend and passenger was not charged in the worker accident case.

Woman And Child Killed In Daviess County Car Accident

allenw@2keller.com (blog Author)31837 — Thu, 20 May 2010 08:00:00 EST

According to a local Terre Haute news report, a 50-year-old woman and a 4-year-old child were killed in a one-vehicle accident in Daviess County in Indiana.

Local Indiana police reported that the woman, Lisha Moffett of Shoals, Indiana, apparently lost control of her car while negotiating a curve on Highway 50 west of Loogootee. Both she and her passenger, a young boy named Rolen Wilson, were ejected from the vehicle as the car drove into a ditch and then flipped. Wilson was Moffett’s grandson.

Moffett died at the scene of the Indiana car accident while Wilson died at Daviess Community Hospital after being rushed to medical treatment by emergency responders. Moffett was not wearing a seatbelt at the time of the IN car crash. While Wilson was strapped into a booster seat in the front of the car, it is not known if the car seat was properly installed.

Driving in the rain: when is it most dangerous?

allenw@2keller.com (blog Author)31895 — Thu, 20 May 2010 08:00:00 EST

It's common sense to take more precautions while driving in the rain, but do you know when rain-covered roads are most dangerous?

The answer: immediately after it starts raining.

The reason for this is simple. Even if you're not able to see it, cars and trucks leave a thin layer of hazardous material on the roads that consists of tire residue, oils and grease. When it first starts to rain, the water breaks these particles apart, leaving a very slick coating on the road that results in dangerous, slippery conditions, often causing car accidents.

After it’s been raining a while, conditions tend to improve, as the oil is "washed" away. Until it is, however, puddles can accumulate, and combined with compromised visibility, create additional hazards.

Police as well as auto clubs advocate using extreme caution when it starts to rain, especially if it follows a dry spell. The best advice is to allow yourself plenty of time to get to your destination, allow plenty of stopping distance between yourself and the car ahead of you, turn your headlights on, and if conditions dictate, pull off the road somehwere safe and wait it out. Getting somehwere a few minutes earlier isn't worth putting lives at risk.

Accident victims with TBI are more prone to depression

allenw@2keller.com (blog Author)31896 — Thu, 20 May 2010 08:00:00 EST

The Journal of the American Medical Association has released a new study showing the incidence of depression after a traumatic brain injury. They studied a group of 559 people who suffered head injuries, and found that the incidence of major depression was nearly eight times higher than would be expected in the general population. However, of those with depression, only about half were receiving adequate treatment, therapy or medication and researchers noted that these numbers were likely under-reported. This is significant due to the fact that nearly 3 million people are currently living with traumatic brain injuries.

It was found that head injuries can cause the structure of the brain and its function to change and can predispose accident victims to depression. The symptoms to be aware of include acting restless or lethargic, feeling unworthy, difficulty concentrating, guilty feelings, low energy, personality changes and thoughts of suicide. Those who were depressed also experienced more difficulties with pain and mobility. This corroborates previous studies on the subject and researchers note that depression can last up to decades after the injury occurred.

Clearly depression after traumatic brain injury is common, but treatment is not. It is an invisible illness caused by an often invisible injury, and doctors are educating themselves as well as their patients by promoting detection. Since those with brain injuries remain at risk for developing depression at any point after the injury, periodic screenings should be a standard for care of those patients.

Lake County Man Wins $5 Million Indiana Medical Malpractice Lawsuit

allenw@2keller.com (blog Author)31836 — Wed, 19 May 2010 08:00:00 EST

After losing his wife in a tragic Indiana medical malpractice incident in 2003, a Crown Point man was awarded $5 million in damages for the medical mistake.

Julie LaDere died in September of 2003 after doctors diagnosed her with Hodgkin's lymphoma. The treatment for the cancer, an often toxic drug called Bleomycin, left her lungs inflamed and the complications soon led to her death. Doctors did not treat the infected lungs with either of the common remedies for her health issue, steroids or restricting her oxygen, causing her death. She was initially treated at the ER in Saint Anthony Medical Center, Crown Point, Indiana.

Following her death from acute respiratory distress syndrome, her husband Michael LaDere filed an Indiana medical malpractice lawsuit against the doctors that failed to properly treat his wife. A Lake County Jury quickly decided on his multi-million dollar reward.

VA Disability claims 2010: The Forecast

allenw@2keller.com (blog Author)31845 — Wed, 19 May 2010 08:00:00 EST

The Veterans Affairs Department expects to receive an additional 200,000 VA disability claims over the more than one million claims they received in 2009. They are currently handling these cases manually, and though they have an employment force of over 11,000 examiners, they struggle to keep pace.

There are plans to develop a system to process these claims for Vietnam veterans exposed to Agent Orange in a smoother and more timely manner. In March, the VA posted a notice in the Federal Register that it intended to add an additional three classes of diseases to the current list of 12 diseases associated with the exposure to Agent Orange.

The current list of diseases are what the VA deems presumptive claims. In other words, these are illnesses that don’t have to be proven were a result of military service. Just last week, the Senate Appropriations Committee added more than 13 billion to the fiscal 2010 Emergency Supplemental Appropriations bill to pay for the additional claimants expected as a result.

The VA department is looking for bidders to create a state of the art system that would include automation, claim forms that would be machine readable and would be web enabled. Such a system would certainly help clear up the backlog that’s due, in large part, to outdated, manual processing. Veteran’s advocacy groups are hopeful that the new system will facilitate claims and help all veterans claiming disability and pensions.

As it stands, the VA is still staring at a monster set of tasks. This is part of the reason our veterans are having such a difficult time obtaining their VA benefits. Using a lawyer can greatly increase your odds and save you from making mistakes that may jeopardize your claim.

Please remember, the location of your veteran's disability lawyer DOES NOT matter. Pick a law firm based on their ability, NOT their address.

Social Security disability applications increase in troubled economy

allenw@2keller.com (blog Author)31765 — Tue, 18 May 2010 08:00:00 EST

Although there have been some strides in recent years, processing Social Security disability claims remains slow due to significant backlogs in the system. (Applicants in many states can expect a wait of two years or more.) The reason for the backlog is the large influx of new applications; a trend that is typical in a down turned economy. Sources note that a little over 3 million new applications will be received this year which is more than 300,000 over last year. Close to two-thirds of those claims will be denied, with the expectation that they will simply be dropped. For those people appealing their cases, chances are they will win and even be eligible for retroactive benefits, but it can take an extensive amount of time.

In an attempt to decrease instances of fraud, qualifying for Social Security Disability can be complicated without the assistance of a disability lawyer. It is governed by strict rules and regulations, as well as an intensive application process. Typically, a doctor must first state that the applicant is unable to perform his or her job, and if deemed unable, officials must try to see if the applicant can perform a new job or function. This is all an attempt to avoid a drain on the system by determining who truly qualifies.

After a doctor concludes that the applicant’s condition will preclude them from working for at least one year, the claim is filed. After filing, the average denial rate for first time claims is approximately 63 percent and the average waiting period for that denial is approximately 111 days. Applicants denied by the original state agency called the Disability Determination Services, can appeal back to that state agency. A large part, approximately 80-90 percent of those appeals are denied, taking an average of an additional 104 days. The next step would be to appeal to an administrative law judge. Over a half a million cases were decided this way, and judges approved approximately 63 percent of the appeals. Sources indicated, however, that the average process time is 491 days. Finally, those who are still denied can eventually take their cases to federal court, after a special council convenes, however, very few cases win at this level.

Michael J. Astrue, the Social Security commissioner, has succeeded, in small part to shorten the wait time for appeals by hiring hundreds of judges and accompanying support positions. However, with nearly 2 million people waiting to find out if they qualify for Social Security disability benefits, it’s a daunting task in an already overloaded system.

Why are fatal car accident cases declining in the U.S.?

allenw@2keller.com (blog Author)31775 — Tue, 18 May 2010 08:00:00 EST

Car accidents causing death on U.S. roads have decreased this year; some sources report that these accidents are at their lowest since 1954. Full statistics for 2009 are not yet available, but if this pattern continues, it will mark the fourth straight year that traffic deaths have declined.

More surprising to officials is the fact that as the numbers of vehicles on the roads rise, the numbers of deaths have decreased! Why is this?

Current campaigns like "Click it or ticket" and "Over the limit, Under Arrest" are thought to be part of the success in reducing wrongful death claims. Both were designed to increase seatbelt wearers, and decrease drunk driving, respectively. Other factors include safer vehicle designs, standard, and side curtain airbags as well as child safety seats.

The National Highway Traffic Safety Administration (NHTSA) will continue promoting these campaigns, but has also begun a new campaign against distracted driving, which is an increasingly dangerous and common phenomenon. Oprah Winfrey has taken up the mantle as well. She’s created a pledge in which signers promise that their vehicles are "No Phone Zones". That means neither talking nor texting while driving is acceptable. Thus far, hundreds of thousands of people have signed the pledge. With Oprah’s conceptualization and endorsement, it’s turning into a nationwide campaign.

Wrong Way Drunk Driver Injures Two On I-70 In Wayne County

blog@www.2keller.com (news Author)14444 — Fri, 30 Apr 2010 08:00:00 EST

Wrong way interstate driving accidents occur more often than you might think in Indiana. While many people wonder how it is possible to drive the wrong way on a major interstate or highway with a large median, there are a number of ways that these Indiana car accidents take place. One of the major reasons for wrong way interstate accidents is drunk driving.

This was certainly the case last Thursday, when a New Castle, Indiana, man driving a red pickup truck entered Interstate 70 going the wrong way and collided with two different vehicles. The man, 42-year-old Archie Napier, was allegedly drunk at the time of the I-70 wrong way accident.

Indiana State Police received a call of a wrong way driver on I-70 near the 149 mile marker at approximately 10:50 PM. By the time an officer arrived at the scene, the driver of the truck had fled the accident scene, two cars were damaged, and a tractor-trailer was damaged after being hit by debris. Napier was found hiding behind a nearby building and arrested. Napier and one of the drivers of the other two cars were treated at a local hospital for non-life-threatening car accident injuries.

Napier has been charged with leaving the scene of an accident causing serious bodily injury, operating while intoxicated causing serious bodily injury, operating while intoxicated with a blood-alcohol content of .15 percent or higher, reckless driving, and operating a vehicle while intoxicated.

Illinois Family Awarded In $29 Million For Birth Injury Lawsuit

blog@www.2keller.com (news Author)14445 — Fri, 30 Apr 2010 08:00:00 EST

While many are familiar with common birth injuries like cerebral palsy, there are a number of ways that a child can be harmed during birth and labor because of the careless or negligent actions or hospitals, medical centers, doctors, and health professionals.

This week in Illinois, a family received a $29 million medical malpractice birth injury lawsuit settlement in regards to their quadriplegic son. The Illinois birth injury lawsuits involved both the hospital where the birth took place and the doctor who oversaw the delivery.

In 2003, Christian Arroyo was born in the Northwestern Memorial Hospital in Illinois. His mother, Maria Arroyo, had her water break early – a dangerous event that can lead to an infection in the baby if antibiotics are not administered. However, the federal employees of the hospital did not treat mother or child for a possible infection, although the baby continued to display signs of the problem in the days after its birth. Without treatment, the infection spread through the baby’s body and eventually attacked the child’s brain. By the time the infection was stopped, Christian had suffered severe brain damage and was paralyzed from his neck down.

The couple’s Illinois birth injury lawyer argued that neither the hospital or the doctor followed an appropriate standard of care for the mother and her newborn son, turning a normal, healthy boy into someone who will require around-the-clock care for the rest of his life.

U.S. District Judge Amy St. Eve awarded the family with $22.6 million, which is in addition to a $6.5 million 2009 settlement with the hospital.

Indiana 49 and Vale Park Road: Gary's Worst Intersection

blog@www.2keller.com (news Author)14438 — Thu, 29 Apr 2010 08:00:00 EST

What is the most dangerous intersection in Gary, Indiana? Indiana Police and traffic safety experts agree: it is the intersection of Indiana Highway 49 and Vale Park Road. The last three years have seen three fatal accidents – all involving similar circumstances. In two instances, cars crossing on Vale Park Road have been t-boned by tractor-trailers with deadly consequences.

In an effort to pinpoint the most dangerous intersections in Lake County and Porter County, Indiana, the Indiana Department of Transportation has released a report outlining the city’s most dangerous intersections and how they can be made safer in the future. After naming the most dangerous intersections, IDOT hopes to invest money into improving the intersections with lights, better signage, roadwork – or whatever improvements might reduce the number of future serious injuries and deaths at the crossings. In addition, adding traffic law enforcement in the areas surrounding the dangerous intersections is another way to reduce speed and increase awareness, traffic experts say.

In some cases, however, intersections showed high rates of car accidents and car accident injuries because they were under construction. Intersections that have been altered or that have restricted lanes can confuse drivers or cause accidents when drivers do not reduce their speed.

For Vale Park Road, Indiana officials want to construct an overpass over Highway 49 that would stop the vast majority of Indiana car accidents in that area. In the meantime, Indiana highway authorities have changed the sequence of lights at the intersection and installed solar paneled warning flashers that alter drivers to the approaching danger.

Medical Review Board Finds South Bend Medical Responsible For Death

blog@www.2keller.com (news Author)14439 — Thu, 29 Apr 2010 08:00:00 EST

An Elkhart Superior Court jury and an Indiana Medical Review Board both agreed that an Indiana family deserved compensation in a tragic IN medical malpractice case. After a three-person medical review board and a standard jury heard the case, which involved the missed diagnosis of cervical cancer in an Elkhart woman, the woman’s surviving husband and 12-year-old sons will receive $1.2 million in damages. The husband will receive $200,000 while each son will receive $500,000.

The medical malpractice incident took place in 1998, when Elkhart resident Nicole Manhar went in for a pap smear. The technician who read the pap smear slide declared it normal, but the medical review board agreed that abnormal and pre-cancerous cells were visible. Manhar died two years later of cervical cancer, which progressed aggressively after not being detected.

After her death, her husband and sons filed a medical malpractice lawsuit against South Ben Medical Foundation for their mistake. When the jury’s decision was announced, Dr. Robert Tomec, president and medical director of the foundation, agreed it was a tragic case but did not agree with the jury’s decision. He said that he could understand how the jury would have been emotionally affected by the story told during the trail. He also alluded to a national expert who said that the pap smear was normal.

Having a medical review board look over medical malpractice cases before they go before a jury is a new practice in Indiana.

Indianapolis Woman Loses Leg In Pit Bull Attack

blog@www.2keller.com (news Author)14331 — Tue, 27 Apr 2010 08:00:00 EST

The owner of two vicious pit bulls was not successful in seeking an appeal for his two-year prison sentence. According to the Indiana Court of Appeals, aggressive dog owner and pit bull breeder Lee Carroll deserves the sentence he received for two counts for Failure to Restrain a Dog Resulting in Serious Bodily Injury and two counts of Harboring a Non-Immunized Dog.

Carroll’s two dogs attacked 68-year-old great-grandmother Brenda Hill in Indianapolis in 2009, leaving the woman badly mauled and without a leg. Hill says that she was taking out her garbage one day when the dogs attacked her. She passed out from the dog bites and awoke in an ambulance. She had to undergo several painful surgeries and have her leg amputated because of the pit bull attack. She now is mobile only with the help of a wheelchair.

According to witness reports, Carroll got the dogs off of Hill, said he was sorry, but then left her without medical attention. The two dogs were put to sleep a month after the attack. The sentence for Carroll is unusually strict in light of other recent dog bite cases, but one that has been lauded by animal control officials and safety advocates. The sentence was also applauded by City-County Councilman Mike Speedy, who wants to pass a law requiring all pit bulls in Indianapolis to be sterilized.

Pit bull advocates stressed that the dogs’ owners should be blamed for the aggressiveness of the animals and for the attack itself – and that the dogs have no blame in the case.

IN Woman Dies In Steuben County ATV Accident

allenw@2keller.com (blog Author)30671 — Tue, 27 Apr 2010 08:00:00 EST

A young Steuben County woman is dead after the ATV she was riding on hit a log and flew out of control.

The Steuben County Sherriff's Department said that 23-year-old Abigail Hamilton of Muncie, Indiana, was pronounced dead at Cameron Community Hospital in Angola after emergency responders transported her from the ATV accident scene.

Hamilton was a passenger on an ATV driven by 25-year-old Joshua Cory of Kendalville who was driving with friends in unfamiliar territory when he hit a log in his path. The ATV flew through the air for almost 100 feet, flipping several times, before coming to rest. Cory was not seriously injured in the Indiana ATV accident.

The accident occurred on Saturday night at roughly 11:30 PM on a piece of land southwest of Orland, Indiana. It is not known whether either rider was wearing a helmet at the time of the IN ATV accident.

Veterans Affairs Department Eases Some VA Disability Requirements

allenw@2keller.com (blog Author)30672 — Tue, 27 Apr 2010 08:00:00 EST

The requirements for qualifying for veterans’ disability benefits have been eased in some cases by the United States Veterans Affairs Department. For some recent US veterans, such as those who served in the Persian Gulf War, the Iraq War, or the Afghanistan War, it will be easier to obtain VA disability benefits and apply for VA disability benefits.

Going forward, these veterans will need only to prove that they served in one of the three above wars and that they have one of nine specific diseases. Instead of having to prove that the diseases were acquired due to their service in the armed forces, the men and women will be given presumptive status, and it will be assumed that they contracted their conditions during their time as soldiers.

The nine diseases are malaria, West Nile virus, brucellosis, campylobacter jejuni, coxiella burnetii, mycobacterium tuberculosis, nontyphoid salmonella, shigella and visceral leishmaniasis.

Do you know if you're eligible for VA disability benefits?

allenw@2keller.com (blog Author)29604 — Wed, 07 Apr 2010 08:00:00 EST

The hardest part of obtaining VA disability benefits will be convincing the Veterans Administration that you are disabled due to active military service. There are five types of disability types to help you determine if you should be receiving VA disability benefits:

1) Direct Service Connection

In this instance, you will need to supply the VA with medical records that proves your disability was diagnosed during the time you were serving. You will also need to prove that the condition continues to negatively affect you today.

2) Presumptive Service Connection

Presumptive disability benefits are the "who," "what," "when," and "where" form of veteran's compensation. A veteran is entitled to presumptive disability benefits when the VA predetermines that your disability is connected to your "time," "place," and "type" of military service.

(Recently, the VA announced that several Vietnam vets qualified for presumptive illness benefits related to Agent Orange exposure.)

3) Aggravation Service Connection

You must be able to provide evidence that your condition existed prior to your military service and has worsened as a result of service.

4) Secondary Service Connection

You must be able to provide evidence to the VA that your disability or injury is the result of another service connected disability or injury. It's possible to obtain this rating by proving that a service connected condition caused a new disability, or made a pre-existing or non-service connected disability worse.

5) Injured as a result of VA medical treatment

Veterans who sustatin injury due to poor treatment at a VA hospital may be elgible for VA disability benefits. These benefits may also be granted to veterans who have an existing injury that was aggravated due to malpractice at a VA hospital.

Gulf War veterans should be cautious about encouraging VA news

allenw@2keller.com (blog Author)29460 — Mon, 05 Apr 2010 08:00:00 EST

Recently, the VA officially recognized several diseases that are affecting soldiers who were deployed during the 1991 Gulf War. On the surface this sounds to be great news, but, unfortunately, the VA has a history of creating false hope:

In 1994 and 1998 there was a major push for Gulf Research, health care and benefits legislation. In both instances the VA fought against the entire list. (Even when the laws were eventually passed, the VA still fought against these benefits.)

Congress and veteran advocacy groups were forced to aggressively pursue the VA in an attempt to have them create the mandated Research Advisory Committee on Gulf War Veterans' Illnesses. (It eventually took the VA four years to create this group.)

VA managers intentionally refused to notify approximately 15,000 Gulf War veterans of a law that increased access to benefits and health care.

In the past, the VA staff has manipulated the Institute of Medicine scientific research reviews to not allow for certain types of studies to be included for consideration of veteran's health care and benefits. In one instance, the VA removed lab animal studies that showed a link between depleted uranium (DU) and birth defects and cancer.

The VA has also canceled Congressionally mandated contracts for Gulf War illness research at the University of Texas Southwestern (UTSW), and continues to fight against important research that would help us to further enhance medical treatment related to veterans who are victim to toxic exposures.

Let's hope that the VA does the right thing in this instance.

Why Indiana car accident news should similarly affect you and accident lawyers

allenw@2keller.com (blog Author)29477 — Mon, 05 Apr 2010 08:00:00 EST

I think most of us are desensitized to car wrecks in Indiana. Honestly, what's the first thought you have when caught in a traffic back-up on I-65 or I-465? I'm guessing it might start with a mild expletive and gradually turn to eye-rolling, sighs, and repeated words of advice such as "Just GO already!" or "C'mon...Go Go Go!"

Shamefully, from time to time, I do it, too.  And like most people, it's not because I'm unconcerned with the well-being of the people who were involved in the accident. It's more likely due to the fact that car accidents are so common in our state, we view them as a nuisance rather than acceptance of the fact that we are behind an accident that may have changed someone's life forever.

Being that we are a well-known Indiana car accident lawyer, we receive dozens of calls every day that remind us of the chaos that exists on our roads.  But you don't have to be an Indiana car accident lawyer to be aware of this danger. If you tune into your favorite radio station on your way to or from work, you'll hear a spot dedicated to accident news and updates.  You can also hop on the web and visit car accident websites that report on major Indiana accident news--proof that Indiana car accidents are happening all around us.

With so many instances of car accidents staring us in the face, it's surprising that we don't take the time to be a bit more cautious in our travels. (Like many other aspects of life, people usually give little thought to a situation until it affects them personally.) Hopefully, the Hoosier state will slow down this summer and make the roadways safer for all.

12 car accident statistics and strange facts that you didn't know

allenw@2keller.com (blog Author)29500 — Mon, 05 Apr 2010 08:00:00 EST

It's always fun to learn something new, especially strange and unusual facts.  After doing a bit of research, we uncovered a list of car accident facts and other bizarre automobile facts that will make you raise your eyebrows...at least a few times.

Some of the information we're providing is purely for entertainment, some of it is of a more serious flavor, yet all of it is true.

1)  Until 1973, whale oil was used in some car transmissions

2) All fifty states have some type of seatbelt law

3) Every day, nearly 135 million cars travel on our country's streets, roads, and interstates

4) On average, a driver will curse approximately 32,000 times in their lifetime while operating a car or truck.

5)  Weekends, between midnight and 3 a.m., are the most likely time for a person to be involved in a fatal crash.

6)  The very first speeding ticket was issued in 1904. The driver was ticketed for zooming at a rate of 12 mph.

7)  Almost 40% of fatal accidents involve alcohol.

8) The first car did not have a steering wheel--drivers steered cars with a lever.

9) It takes an airbag 40 milliseconds to fully inflate after an accident.

10) The inventor of the windshield wiper was a woman named Mary Anderson.

11)  Most car accidents occur within three miles of a person's home.

12) While you were reading this, approximately 4 car accidents involving injury occurred somewhere in the United States. (Statistics show that a car accident involving injury occurs approximately every 14 seconds, while a fatal injury related to a car accident occurs every 12 minutes.)

Indiana Construction Worker Killed By Drunk Driver On I-80

blog@www.2keller.com (news Author)13724 — Wed, 31 Mar 2010 08:00:00 EST

In a story that is all too familiar for construction workers, a drunk driver plowed down a man filling potholes on Interstate 80 in northwest Indiana last week. Indiana Police say that 45-year-old Christopher Jenkins was working alongside coworker Eugene Pratchett when a drunk driver struck the Jenkins at such a high rate of speed that Jenkins broke through the car’s windshield and landed in the passenger seat of the drunk man’s car.

The man who caused the fatal construction worker accident was 35-year-old Robert Shannon of Calumet City. His license has been suspended four different times in the last decade, the last time for refusing a breathalyzer test. Two cans of beer – one opened – were found in the man’s car after the accident.

In the seconds after the on-the-job construction accident, Shannon fled from the scene of the crime, leaving his car in neutral and headed toward an open lane of I-80 traffic. Pratchett jumped into the car and safely drove it to the shoulder. Jenkins was pronounced dead at the scene of the crime.

Police found Shannon hiding in an alley a few miles from the scene of the accident. He has been charged with reckless homicide and failure to stop at a fatal crash. He has admitted to drinking in the hours before the accident took place and could face up to 16 years in prison if convicted. Shannon suffered minor injuries, including cuts to his face, during the Indiana car accident.

Jenkins leaves behind two children.

Indiana Parents Sue Botox Company After Daughter Dies

blog@www.2keller.com (news Author)13722 — Tue, 30 Mar 2010 08:00:00 EST

Following a number of similar wrongful death defective drug lawsuits appearing around the country, an Indiana family has filed a wrongful death lawsuit against Allergan, Inc., the makers of the drug Botox. Although Botox is traditionally used to treat wrinkles and other signs of aging, many health professionals also use the drug in high doses as a therapy to help children suffering from cerebral palsy. Many think that the drug helps ease the muscle spasms associated with cerebral palsy, however, the drug has not been approved for such uses.

Indiana couple Brandon and Jill Well have filed the wrongful death lawsuit regarding their 10-year-old child Audrey. The girl died just days after receiving the Botox treatment, which can be dangerous in high doses due to the paralyzing nature of the medication that can affect breathing. The girl’s parents said that no one warned them about the possible deadly side effects of the Botox treatment and that no one told them that the FDA had not approved the drug to be used in that capacity. In addition to suing the company that manufactures Botox, the family is also suing the doctors who gave the treatment, all of whom are employed at the Riley Hospital for Children.

Adverse effects from high doses of Botox have been widely reported, especially when the medication is used to treat muscle spasms in high doses. Medical professionals believe that the Botox travels away from the injection site and paralyzes the respiratory system. Last year, the FDA added a black box warning to Botox regarding the dangers of using the drug for cerebral palsy and noting that patients could have trouble breathing and swallowing. Over a dozen families have filed lawsuits again Allergan, Inc.

Boy Injured In Hamilton County Humane Society Pit Bull Attack

blog@www.2keller.com (news Author)13723 — Tue, 30 Mar 2010 08:00:00 EST

An Indiana family is threatening to a dog bite lawsuit after their six-year-old boy was attacked by a pit bull mix at the Hamilton County Humane Society. At the same time, the Indiana animal shelter has closed its doors to add extra safety features to the venue to make sure another dog bite incident does not take place in the future.

Hamilton County Animal Control Officer Tom Rogers explained that the dog had been injured and was in a closed room. The door to the room was covered in paper and had a sign telling visitors not to enter. The boy, Zachary Handzel, opened the door and was badly bit by the dog on his arm, leg, and face. He has received 50 stitches from a plastic surgeon and could require more medical attention in the future.

According to witnesses, the animal bit the child in the cheek and then followed the boy back into the lobby where it continued to attack the boy’s limbs. Finally, a bystander kicked the dog off the Indiana dog bite victim. The dog did not have a history of violence or aggression and had lived in a home with children and other pets in the past.

The day following the dog attack, the Hamilton County Humane Society added deadbolts to the doors of many of the animal rooms, placing the locks above a child’s reach. The animal shelter also added clips to dozens of animal cages in an attempt to prevent tampering with the animals. The same animal shelter is facing a dog bite lawsuit after an Akita bit a visitor last year.

Union Mills Man Crashes Car On Indiana 39; Lands On LaPorte Runway

blog@www.2keller.com (news Author)13720 — Mon, 29 Mar 2010 08:00:00 EST

An Indiana man was found dead on an airport runway – perhaps hours after his car left the road and crashed almost 500 feet from the highway. Although an alert driver called in the crash to 911 at 6:30 in the morning, investigators say that the fatal IN car crash probably happened much earlier that day judging by the cold engine and the frost on the car.

LaPorte County Coroner John Sullivan said that the driver of the vehicle, 49-year-old Douglas Justice, was found dead at the scene of the accident. He had been thrown over 100 feet from his car and had come to a rest on a LaPorte airport runway. His car was almost 500 feet from the road and had flipped side to side and end to end before stopping. Although the IN car accident probably occurred during the night, it was only seen after the sun rose.

Sullivan said that Justice was not wearing a seatbelt at the time of the car accident and had a blood alcohol level of 0.264, over three times the legal limit. In addition, crash site investigators believe the car was traveling at high speeds just before the accident took place – between 80 and 100 miles per hour. He died of massive multi-system trauma, according to the coroner.

Justice was last seen around dinnertime the night before the fatal Indiana car accident. Investigators said that any plane landing on the runway after the LaPortte accident would have crashed, but that the airport was closed overnight and on the weekends.

Jeffersontown Man Suicidal In Days Before Collision In Clark County

blog@www.2keller.com (news Author)13721 — Mon, 29 Mar 2010 08:00:00 EST

According to Jeffersontown Police, 40-year-old Troy Anderson of Louisville was involved in a head-on collision with 57-year-old Steven Haworth of Charlestown, Indiana. The car accident took place on Indiana 160 on Friday afternoon, March 5, outside of Henryville. Both men died of blunt force trauma according to Jefferson County Chief Deputy Coroner Jo-Ann Farmer. No one else was involved in the Indiana car accident and police are unsure of which car crossed the centerline and caused the head-on accident.

In the days before the crash, Anderson, a local chiropractor, had had several mental health issues and several run-ins with local police. He said that he wanted to kill himself after a break-up. Anderson’s mother had called police three days before the fatal car accident because her son was harming himself with a sharp instrument. When police arrived, Anderson threw the instrument and attacked an officer. He was tased twice by officers.

Following his arrest, Anderson was charged with assault, resisting arrest and disorderly conduct. He was taken to University hospital and was considered a danger to himself and others. An emergency mental inquest warrant was immediately issued. No one is sure when or why he was discharged from the hospital.

Because there were no witnesses to the IN car crash and no survivors, it may be difficult for Indiana police to ever understand what happened or caused the Clark County car accident.

Linton, IN, Parents Sue Railroad Company Following Fatal Car And Train Wreck

allenw@2keller.com (blog Author)28852 — Wed, 24 Mar 2010 08:00:00 EST

The parents of a young Indiana boy who died in a train-car collision are now suing for wrongful death. The Linton, Indiana, couple named both the Indiana Railroad Company and Greene County in their IN wrongful death lawsuit, claiming that both the train company and the county know about the dangerous intersection where their son, six-year-old Christopher Perez, was hit by a train. They also claim that numerous residents near the train crossing had complained about the dangers of the intersection in the past.

The train crossing at County Road 400 is at the top of a high grade and only had a stop sign to warn cars of oncoming trains. After the train-car accident, blinking lights and railroad crossing arms were added to the intersection. Perez suffered severe head injuries in the Indiana train and car collision and died ten days following the train wreck.

Lake Station Woman Wins $1.25 Indiana Medical Malpractice Lawsuit

allenw@2keller.com (blog Author)28853 — Wed, 24 Mar 2010 08:00:00 EST

A woman from Lake Station, Indiana, has been awarded $1.25 million after she filed an Indiana medical malpractice lawsuit regarding a error made during an operation. In 2002, Mary Knight had a spinal surgery that resulted in serious nerve damages and permanent injury. The botched spinal surgery was performed by Dr. Alexander Miller, a surgeon working out of Merrillville, Indiana.

During the Indiana medical malpractice trial, Miller did not appear in court despite court orders. The Lake County jury sided with Knight, awarding her with $4.2 million for the serious injury and lifetime of pain that she suffers from. Because of Indiana Medical Malpractice caps and the Indiana Medical Malpractice Act, Knight will see only $1.25 million. Miller was also not present in court when the jury decided on damages.

When the doctor appealed the medical malpractice decision, the panel of judges found his argument to be disingenuous.

Indianapolis motorcycle lawyers have spring-time message for automobile drivers

allenw@2keller.com (blog Author)28720 — Mon, 22 Mar 2010 08:00:00 EST

What do motorcyclists, bicyclists, and the rest of us (automobile drivers) have in common? The first few warm days after winter will bring us all out on the roadways...together. The problem is that the rest of us (automobile drivers) are still accustomed to winter driving, and not anticipating the presence of a motorcyclist or bicyclist. And this means potentially fatal consequences for bikers.

Our Indianapolis motorcycle accident lawyers are very familiar with police reports that depict a car resting next to the image of a severely injured motorcyclist laying in the roadway. All too often the driver of the car is quoted as saying "I didn't see him," or "I didn't know they were in the lane next to me."  The vulenrability of a motorcyclist is beyond great--it's astronomical.

With regard to a motorcyclists' responsibility, Indiana offers riders of all skill levels an Operator Safety Education Program. Besides taking the course for the obvious safety enhancement reasons, bikers should know that they may be eligible for a rdeuction on their motorcycle insurance if they complete the course! Not only is that a great incentive, it ensures that riders are fully educated and trained in proper avoidance techniques while on the roadways with cars, trucks, and semis.

In the end, the name of the game is "size."  A motorcyclist is much more likley to be in your blindspot due to their smaller size, and if you're still driving in a "winter driving" state of mind, you might be the witness (or cause) to a tragic accident.

The message to automobile drivers is simple: slow down and BE AWARE of the possibility that a motorcyclist or bicyclist my be next to, behind, or in front of you.

VA will reconsider previously rejected Gulf War Illness (Syndrome) disability claims

allenw@2keller.com (blog Author)27695 — Thu, 04 Mar 2010 08:00:00 EST

The VA Secretary continues to push aggressively for the rights of disabled veterans, and this time Eric Shinseki has his sights set on veterans with “Gulf War Illness.”

Veterans with Gulf War Illness (or Gulf War Syndrome) exhibit a wide range of chronic symptoms that include fatigue, headaches, loss of muscle control, vertigo, loss of balance, problems with memory, joint and muscle pain, skin rashes, weak immunity, and birth defects.

The call for the Veterans Affairs Department to re-examine the rejected claims of Gulf War vets claiming to suffer from the symptoms of this illness comes nearly twenty years after the war’s end.

This is the latest show of force by Shinseki, who recently announced that hundreds of thousands of Vietnam vets exposed to Agent Orange would now have the opportunity to seek service-related compensation for B-cell leukemias, Parkinson's diseases and ischemic heart disease.

Gulf War veterans who were previously told that their symptoms were a product of their imagination, will now be working with medical staff that has acquired improved training and a better understanding of an illness that is anything but imaginary.

The recent news coming from the VA suggests that Shinseki is sincere in his dedication to a cause that has been overlooked for far too long: the welfare of the men and women who served our country when called upon. It’s certainly a welcome change to watch as someone other than our sick veterans fight for the rights and welfare of our disabled soldiers.

Avandia: Dangerous Diabetes Drug Causing Heart Attacks?

blog@www.2keller.com (news Author)13134 — Sat, 27 Feb 2010 08:00:00 EST

Could your diabetes drug be helping your health in one way and harming it in another? Recent reports that the US Food & Drug Administration (FDA) has discovered that Avandia may be linked with heart attacks and heart failure has many wondering whether the drug is defective and should be recalled.

Avandia, also known as rosiglitazone, is taken by millions of people in the United States and its manufacturer, GlaxoSmithKline, makes billions of dollars a year from selling the product. However, a study published in the New England Journal of Medicine found that the diabetes drug can help control blood sugar – but also increases the risk of a heart attack by a staggering 47 percent. More recently, the New York Times released information obtained from the FDA showing that the drug probably causes 500 heart attacks and 300 cases of heart failure every month.

The study also found that a similar Type 2 diabetes drug, Actos, has the same effects as Avandia without the dangerous heart-damaging side effects. Some say that GalxoSmithKline knew about the risks of the drugs for years before the study was ordered.

The FDA is planning to review the studies mentioned above as well as a company-funded study that shows that the drug is safe. An advisory board meeting is scheduled for July.

For now, the FDA is recommending that users of Avandia do not stop taking the prescription drug, but if you have concerns about your medication, schedule an appointment with your doctor.

New Mexico Worker Electrocuted When Crane Boom Hits Power Lines

blog@www.2keller.com (news Author)13105 — Fri, 26 Feb 2010 08:00:00 EST

A New Mexico worker was seriously injured this month after the crane boom he was operating struck high voltage power lines. The electrocution accident will be fully investigated by the Occupational Safety and Health Administration (OSHA) to determine what caused the on-the-job accident and who was at fault.

Reports say that the accident occurred on a Las Crues, New Mexico, construction site on Monday, February 8, 2010, at a quarter before four in the afternoon. The construction accident injury victim Moises Rios was reportedly backing away from the crane truck when the vehicle came into contact with power lines and electrocuted Rios. Emergency workers quickly arrived at the scene of the worker accident and treated Rios for his injury at the scene before rushing him to Gerald Champion Regional Medical Center where he remains in stable condition.

The Alamogordo Department of Public Safety (ADPS) reported that Rios was an employee of Sol Contractor of El Paso, a subcontractor at the work site. Workers were constructing the Otero Federal Credit Union building at 10th Street and Cuba Avenue in Alamogordo.

Alamogordo fire fighters arrived at the scene of the electrical accident in order to put out a small fire on the crane that had started after contact with the power lines. Traffic on the road where the construction accident took place was stopped for a half-hour as emergency workers stabilized the situation.

Aggressive Harbor Beach Dog Owner Awaits Dog Attack Sentencing

allenw@2keller.com (blog Author)27415 — Fri, 26 Feb 2010 08:00:00 EST

In August, we covered the story of a tragic MI dog attack in which a young boy was mauled by an aggressive stray dog in Bad Axe, Michigan. In the case, the boy was approached by a dangerous dog while feeding his own dog in the back yard. Six-year-old Luke Volmering was treated for serious dog bites on his hands and face at Children’s Hospital in Michigan, Detroit, and given precautionary rabies shots.

Now authorities are saying that they are not sure if they charged the right person for the stray dog attack. The child was attacked on August 20, and the child’s father shot the charged man’s dog the next day, assuming it was the same dog. Police say that 30-year-old Randy M. Weiss will still face misdemeanor charges of having an unlicensed dog and of having a stray dog.

Sentencing will take place on March 11 in Huron County.

Illinois Medical Malpractice Cap Ruled Unconstitutional

blog@www.2keller.com (news Author)13069 — Thu, 25 Feb 2010 08:00:00 EST

With many preoccupied with the national health care bill, medical malpractice lawsuit reform is a common subject of debate. Republicans would welcome federal medical malpractice caps on pain and suffering and punitive damages, though many others say that medical malpractice caps take away individual patient rights and instead benefit insurance companies.

During this debate, the Illinois Supreme Court has sent down a ruling that medical malpractice caps in Illinois are unconstitutional. The 4-2 ruling struck down a 2005 law that capped non-economic compensation from doctors at $500,000 and non-economic compensation from hospitals at $1,000,000.

The decision was in relation to an Illinois birth injury case involving 4-year-old Abigaile Lebron, who suffered severe brain damage during a c-section birth in 2006.

Almost half of all states have or used to have medical malpractice lawsuit caps in one form or another – currently 16 states have current laws limiting monetary damages while 11 states had caps but the laws have been overturned. Many of the laws are instated in order to keep insurance premiums low for doctors and keep doctors from moving their practices out of state. However, solid evidence that medical malpractice caps actually save anyone money is hard to come by. Some statistics provided by insurance companies show a reduction in medical malpractice lawsuits and in the cost of premiums for medical professionals.

It is unclear how this Illinois Supreme Court decision will affect Illinois medical malpractice laws generally or the health care reform bill as a whole.

After Gross Negligence, Chicago Doctor Banned From Lasik Surgeries

blog@www.2keller.com (news Author)13070 — Thu, 25 Feb 2010 08:00:00 EST

Lasik eye surgery can greatly improve your quality of life and, miraculously, improve your vision in ways we could not have imagined just a few decades ago. However, although the procedure is an outpatient operation, the delicate surgery should be done by a specialized, skilled doctor.

This was certainly not the case with Dr. Nicholas Caro, a Chicago doctor who was sued over 50 times in the past decade for a variety of medical mistakes, inappropriate behavior, and gross negligence. Finally, after all of these blatant cases of medical malpractice over ten years, the Illinois Department of Financial and Professional Regulation has suspended his medical license for a month and barred him from performing any sort of eye surgery ever again. In addition, he will be put on probation for three years.

However, the slow and seemingly lenient actions have made many in Illinois wonder about the state agency’s actions toward medical professionals with a long history of medical malpractice and medical negligence. Most doctors are sued one or twice in their careers – no other doctor in Chicago has anywhere near the number of malpractice cases as Caro did. Among the complaints listed, patients say that Caro botched their eye surgeries and did not follow up when presented with serious complications. A number of his patients have permanently damaged vision due to his poor Lasik eye surgeries.

Caro may continue to practice after this month, but only under the supervision of a licensed physician.

Maple Leaf GM Brian Burke Loses Son In Indiana Car Accident

blog@www.2keller.com (news Author)13053 — Wed, 24 Feb 2010 08:00:00 EST

A tragic Jeep accident in wintry weather in Central Indiana took the lives of two young college students this week. One of the two men was the son of famed Maple Leaf General manager Brian Burke. The Indiana car accident took place on Friday, February 5, 2010, at around 3 pm in the afternoon.

Indiana Police reported that 21-year-old Brendan Burke and 18-year-old Mark Reedy were traveling on a two-lane highway near Economy, Indiana, in a heavy snowstorm and poor road conditions. As the pair drove east on Highway 35, Burke lost control of the Jeep, left his lane, and slid sideways into a pickup truck traveling west. The 2004 Grand Cherokee was totaled and both young men suffered fatal injuries.

The driver of the Ford Truck, 24-year-old Michael Moreland, was not injured in the accident. The cause of the accident is under investigation by Indiana Police, although the heavy snow and slick roads were no doubt a factor in the deadly car crash.

Brian Burke, who is also the general manager for the US Olympic Hockey Team, missed the opening ceremonies but has soldiered on after the loss of his son. He told reporters that it’s what his son would have wanted.

Burke, who worked with the hockey team at his college, came out as gay last November and worked toward better acceptance of gays in the sporting world. Last year, he and his father marched in a gay pride parade together.

Traumatic Brain Injury (TBI) Statistics and Prevention

allenw@2keller.com (blog Author)27238 — Wed, 24 Feb 2010 08:00:00 EST

According to Center for Disease Control and Prevention, a traumatic brain injury (also known as TBI) is an affliction that 1.4 million Americans sustain each year, 50,000 of which don’t survive. While TBI’s have differing levels of severity (ranging from mild to severe), they are usually acquired from a simple injury to the head and/or neck. Falls are the leading cause accounting for 28% of TBI’s, while motor vehicle accidents account for 20%. However, motor vehicle accidents have a higher frequency when it comes to TBI hospitalizations, which studies have shown effect over 280,000 people each year. The causes of the injury are wide in variety and can occur from open or closed head injuries to deceleration injuries (also known as a diffuse axonal injuries), but its complexities delve much deeper.

A traumatic brain injury can have life-altering effects on a victim’s emotional and physical well-being, but can also do severe damage to the physical nature of the brain. The injury may require years, if not decades, of special care and rehabilitation from care facilities like CareMeridian. The impairments from a brain injury can affect speech, vision, coordination, the short term and long term memory, and may even result in mood swings and behavioral changes in personality. Considering that every brain injury is different, rehabilitation depends on the individual case and injury; yet, prevention is possible.

Prevention is the key focus with regard to TBIs due to their devastating effects. And wearing a seatbelt is one small step toward decreasing the likelihood of suffering from a TBI.

Driving while under the influence of alcohol or drugs greatly increases your odds of suffering a TBI. In fact, according to the Brain Injury Association of America more than 50% of people with a brain injury were intoxicated at the time of their injury. If the correct precautions are taken, the severity of TBI’s can be reduced if not completely prevented.

Illinois Insurance Company Tries To Avoid Paying In Dog Bite Case

allenw@2keller.com (blog Author)27282 — Wed, 24 Feb 2010 08:00:00 EST

It’s no secret that insurance companies will find loopholes in order to avoid paying out claims – even if they are valid. In Illinois this week, that may be the case with one insurance company has denied a dog bite claim on shaky grounds.

In July, a young girl, Chole Pluger, was bitten by a dog owned by Gary and Sharon Lindstrom of Grundy County. The father of the girl, Matthew Pluger, filed a suit against the Lindstroms. However, the Lindstroms’ insurance company, Illinois Farmers, is claiming that Chole was a member of the household since Chole’s mother and the Lindstroms’ son were living together under the Lindstroms’ roof for several months before the accident took place and for two weeks after the IL dog bite incident.

Because of this specification, Matthew Pluger may not receive damages for his daughter’s Illinois dog bite injuries from the homeowner’s Illinois insurance company.

Which states are home to the worst drivers in America?

allenw@2keller.com (blog Author)27166 — Tue, 23 Feb 2010 08:00:00 EST

Our last blog entry created a bit of a stir, especially among those who worked in the professions that were labeled as "the worst drivers on the road." In keeping with the bad drivers theme, we decided to search out which states in the U.S. pose the most danger to you as a driver or pedestrian.

The study was initially conducted by GMAC Insurance to learn how many Americans could pass a standardized drivers test. (Before you read on, take the driving test yourself, and after you're done, maybe you'll be brave enough to post your score???) When the results were tallied, it was found at least one of every five drivers doesn't know when to use bright lights, how to follow directional arrows, or when highways are the most slippery. 1 of 5! These numbers aren't very reassuring...

So which states are home to the drivers who fared the worst on this test? Here they are from worst to best:

51. Rhode Island
50. District of Columbia
49. Massachusetts
48. New Jersey
47. New York
46. Maryland
45. Hawaii
44. Connecticut
43. New Mexico
42. Pennsylvania
41. Florida
40. South Carolina
39. Nevada
38. Delaware
37. Missouri
36. Alabama
35. Oklahoma
34. Ohio
33. Maine
32. North Carolina
31. Louisiana
30. Georgia
29. Arizona
28. Virginia
27. Arkansas
26. New Hampshire
25. Kentucky
24. Texas
23. Tennessee
22. Illinois
21. Mississippi
20. Utah
19. West Virginia
18. North Dakota
17. Michigan
16. Colorado
15. Indiana
14. California
13. Alaska
12. Minnesota
11. Wisconsin
10. Wyoming
9.  Iowa
8.  Kansas
7. Nebraska
6. Montana
5. South Dakota
4. Idaho
3. Vermont
2. Washington
1.  Oregon

Will VA fix the veterans disability claims backlog in 2010?

allenw@2keller.com (blog Author)27070 — Mon, 22 Feb 2010 08:00:00 EST

The Secretary of Veterans Affairs has had enough, and he's making it his mission to help alleviate the backlog of veterans disability claims that exist inside the VA. For those who aren't aware of the crisis facing the VA, you only need to type "VA disability backlog" into Google to get a snapshot of the problem.

At present, disabled veterans are sometimes forced to wait years for approval of their disability rating and claim. Eric Shinseki believes this to be unacceptable. Shinseki considers himself to be a kid of the Vietnam era and has personal attachment to the hundreds of thousands of disabled Vietnam vets who were exposed to Agent Orange. In fact, it was Shinseki (a former Army chief who had part of his foot blown off in Vietnam) who is making it easier for disabled Vietnam vets receive service-connected compensation.

If Shinseki gets his way, and the VA follows his lead, it's possible that today's soldiers serving in Iraq and Afghanistan may return to a more streamlined system, one that will ensure benefits for our disabled vets suffering from post-traumatic stress syndrome, as well as hundreds of other types of physical and mental disabilities as a result of war-time trauma.

Disabled veterans need to be mindful that it's possible their disability rating can be upgraded depending upon their symptoms and condition. It's never a bad idea to contact a qualified and accredited veterans disability lawyer to discuss your current rating and claims status to see if we can increase your disability benefits.

Who are America's worst drivers? Men? Women? We have the results...

allenw@2keller.com (blog Author)27085 — Mon, 22 Feb 2010 08:00:00 EST

Spoiler Alert: It's not just men, nor is it just women. But before you read further, make your own Top-10 list of the people you believe to be the worst drivers on the road.

As a child, the answer for me largely depended upon if I was riding with mom or dad: mom swore that men were terrible drivers and dad pinned the dangers of the highway on women.

This is a debate that likely started as soon as America was "put on wheels." But the truth is that the answer can't be found by simply pointing to a gender or a particular age group--it goes deeper than that. In fact, according to a study done by insurance.com, it depends on your profession.

After reviewing claims according to profession, the study revealed the following Top 10 dangerous drivers:

10. Nurses

9. Coaches

8. Barbers or Stylists

7. Marketing/Advertising Professionals

6. Dog Groomers

5. Business Professionals

4. Bartender or Waiters

3. Government Worker

2. Financial Professionals

1. Lawyers and Judges

Number of female veterans treated by the VA is rapidly increasing

allenw@2keller.com (blog Author)26389 — Mon, 08 Feb 2010 08:00:00 EST

It might surprise some to learn that 11% of our armed forces are made up of women; that equates to more than 240,000 female soldiers that have been deployed to Iraq and/or Afghanistan.  This number represents the highest number of women involved in any conflict of which the U.S. has been involved. (For comparison's sake, the Department of Defense estimates that only 7,500 women served on active duty in Vietnam.)

A female soldier not only deserve the same respect as their male counterpart, they should also be recognized by the Veterans Administration (VA) in the same capacity.  However, according to some, the VA is playing 'catch-up' when it comes to the treatment of our female veterans.

Advocate groups such as the Service Women's Action Network claim that female veterans are viewed in a different light when they attempt to seek treatment through the VA--even attending a medical appointment can be an extremely stressful experience for a woman veteran. Some servicewomen feel that they are forced to prove their veteran status in spite of the fact that they are coming to the VA with post-traumatic stress disorder, or in some instances, traumatic physical injuries such as a loss of limb.

The problem with these claims is that no official studies have been performed to determine if indeed there is a bias toward male soldiers that make it more difficult for female soldiers to receive treatment. At present, the only word we have on the matter is that of our female veterans.

Reglan lawsuit update: Court of Appeals rules against generic Reglan maker

allenw@2keller.com (blog Author)26102 — Wed, 03 Feb 2010 08:00:00 EST

Actavis, Inc. (the manufacturer of several drugs, including a form of generic Reglan) recently tried to convince the U.S. Court of Appeals that federal law does not allow people injured by their drug to file a "failure-to-warn" claim against the drug maker.  In other words, Actavis, Inc., isn't wholly denying that their drug may cause Tardive Dyskinesia, and they disagree with people who suggest that their generic form of Reglan is being marketed with inadeqaute warnings about the possible harmful side-effects.

They U.S. Court of Appeals doesn't agree with Actavis's argument and has ruled in favor of people injured by the generic form of Reglan.  This is bad news for Actavis, Inc. and good news for the people who were misled by the drugmaker's poor efforts at warning about the serious side-effects that can occur.

Actavis's drug is the generic form of Reglan, which is used to treat people who suffer from various gastrointestinal disorders. Several people who have been injured by the drug have filed Reglan lawsuit claims against the manufacturer claiming that the side effects have caused symptoms that include:

• Involuntary and repetitive facial movements such as lip smacking, blinking, tongue clicking and thrusting, and lip movements
• Involuntary movement in the fingers, hands, toes, feet, arms, legs, shoulders, and trunk
• Difficulty walking, talking, breathing, and swallowing

Top-rated Reglan lawyers discuss signs and symptoms of Tardive Dyskinesia

allenw@2keller.com (blog Author)26119 — Wed, 03 Feb 2010 08:00:00 EST

A lot of people, old and young, suffer from heartburn or acid reflux disease. And it's very possible that your doctor may have treated you with a drug called metoclopramide. Most people will better know this drug by the more common brand names of Reglan or Maxalon.

Recently, a lot of negative press and medical findings have encouraged injured patients who were on Reglan to seek legal representation. We are a leading law firm currently investigating and accepting Reglan drug cases. As we continue to litigate agianst drugmaker Wyeth we want our clients and current patients to be highly informed with regard to the medication's harmful side-effects.

The diagnosis of primary concern is Tardive Dyskinesia; it is the most visible sign of Reglan damage. It's primary symptoms include uncontrollable muscle movement in the face, jaw, arms and legs. Patients who suffer from Reglan damage may also report forced blinking and tongue movement. If you have any of these symptoms, it is not only suggested that you see your doctor immediately, but that you also contact a leading Reglan lawsuit lawyer so that your case can be effectively presented to the drugmakers.

There are several other Reglan side effects, some of which can be life threatening, so it is very important that you fully discuss with your doctor the possible dangers of taking Reglan.

New warning for semi-truck and bus drivers: Texting is now illegal!

allenw@2keller.com (blog Author)25748 — Wed, 27 Jan 2010 08:00:00 EST

Driving in front of, beside, or near a semi-truck puts me on edge. Whether it's the size, noise, or simple intimidation factor of a tractor trailer, most people will admit to feeling a level of uneasiness while traveling in the vicinity of a semi truck.

The jitters and double-takes I experience on interstates are most likely due to the large number of tragic semi cases that our firm handles.  Speaking to someone who has lost their child, husband, or spouse to a trucking accident is obviously a mournful occasion, but the fact that it involves a semi-truck always seems to heighten the level of animosity on behalf of all the parties involved.

However, looking up to see a semi-truck driver texting while he's behind the wheel is an entirely different kind of 'frightening'.  And it happens more frequently than you would ever know. Fortunately, the Department of U.S. Transportation has taken notice.  Effective immediately, semi-truck drivers and bus drivers who are caught texting while driving will be subject to civil or criminal fines of up to $2,750.00.

Common sense should tell us that texting and driving is not only dangerous, it's simply foolish.  There are endless examples of texting tragedy, yet, in spite of our better judgement, people continue doing it. I have yet to hear a good argument for texting and driving, and if you think you have one, I imagine you will have a difficult time convincing someone who has lost a child, or was a victim of an accident themselves, due to texting and driving. Hopefully, future laws will bring similar penalties and fines not just to truck and bus drivers, but to everyone who operates a motor vehicle.

Vets with post-traumatic stress disorder (PTSD) may receive upgrade

allenw@2keller.com (blog Author)25694 — Tue, 26 Jan 2010 08:00:00 EST

Approximately 20% of soldiers returning from Iraq and Afghanistan report experiencing some level of post-traumatic stress disorder (PTSD). It's a staggering number considering these only represent the documented cases. The true number of cases are unknown, as several veterans may not seek assistance. And in the worst case scenario, many vets have sought out assistance from the Veterans Administration (VA) only to be denied veterans benefits related to PTSD.

With regard to those vets who were denied PTSD benefits, it appears they may soon be seeing a very positive reversal. In response to a recent class action lawsuit filed by combat veterans, the VA has agreed to reevaluate the medical records of some 4,300 recent vets who were discharged with PTSD. It's assumed that some of these veterans were improperly denied benefits.

Iraq and Afghanistan veterans who "opt-in" as part of this lawsuit have a deadline date of July 24th if they wish to be part of the reevaluation.

Veterans who have yet to file for benefits related to PTSD, should visit the National Center for PTSD to better familiarize themselves with the symptoms and treatment that is available.

Truck Accident On I-64 Kills 2, Injures 16 In Passenger Van

blog@www.2keller.com (news Author)12383 — Mon, 25 Jan 2010 08:00:00 EST

We often speak about the dangers of 18-passenger vans and tractor-trailers. In a tragic truck accident on I-64 in Shelby County this weekend, the dangers of both vehicles were highlighted.

The Shelby County Sheriff's Department reported that the accident occurred near mile marker 80 of Interstate 64 near Edinburg at approximately 3:30 am on Sunday morning. According to witnesses, the large Chevrolet van was slowing down in the right, northbound lane of I-64 in an attempt to enter the shoulder of the road. The big rig was not able to slow down or did not stop and rammed into the rear of the van, causing the van to roll over. Witnesses say that the truck was driving erratically before the accident occurred and had left its lane several times.

The Flat Rock Fire Department, Edinburgh Medical personnel, and the Indiana State Police helped with the investigation – two members of the van were pronounced dead at the scene of the accident while 16 other passengers were transported to local hospitals including Columbus Regional Hospital, Johnson County Memorial Hospital and Methodist Hospital. Some van riders had minor injuries while others were listed in critical condition. The truck driver received treatment for minor injuries.

The names of the van passengers have not been released and it is unclear why they were traveling on the Interstate. Investigator are looking into the possibility that the truck driver was asleep at the wheel or drowsy at the time of the Indiana truck accident. Both drivers are being tested for illegal substances.

Cory Man Arrested After Deadly Hit-And-Run On Indiana 46

blog@www.2keller.com (news Author)12384 — Mon, 25 Jan 2010 08:00:00 EST

A fatal accident on Highway 46 near Vine Street in Riley has resulted in the arrest of 45-year-old Wesley Reagin of Cory, Indiana. Police say that speed, alcohol, and reckless driving were factors in this Indiana hit-and-run accident.

According to the Vermillion County Sheriff’s Department, Ricky Cantrell of Terre Haute had visited a bar and was speeding on Indiana 46 when he lost control of his truck and slammed into a guardrail during a turn in the highway. The truck hit a telephone pole and then spun into the lane again, only to be struck on the broadside by Reagin’s truck. Reagin had also been drinking before the accident, which occurred at 3 am in the morning on Sunday, but authorities are not sure whether either man was above the legal limit.

Passenger 35-year-old Russell Taylor was killed in the Terre Haute car accident, while passenger Amanda Noren was seriously injured. Cantrell suffered a broken leg during the car accident.

Reagin left the scene of the accident but was later arrested at Union Hospital where he was treated for his car accident injuries. He has been charged with leaving the scene of a serious bodily injury accident. Police received a tip that Reagin was involved in the hit-and-run crash and seized the damaged truck from his home in Cory. Parts of Cantrell’s truck were found embedded in Reagin’s truck.

None of the car accident victims were wearing seatbelts at the time of the Indiana accident.

Michigan Man Charged With Two Counts After Dog Mauls Boy

blog@www.2keller.com (news Author)12359 — Sun, 24 Jan 2010 08:00:00 EST

What are the consequences of being a negligent dog owner? In some cases, more than the dog suffers from owner neglect. In fact, letting your dog run loose and not licensing your dog can put you in trouble with the law – and lead to serious injuries for others.

This was the case in Harbor Beach, Michigan, when a man let his unlicensed dog roam freely in the neighborhood. Michigan State Police say that the dog attacked a Sherman Township toddler in the summer of 2009. The two-year-old boy, Luke Volmering, was feeding his own dog in his yard when a stray mutt approached the boy and attacked him. The next day when the dog returned to the yard once again displaying aggressive behavior, Volmering’s father Richard shot the dog.

The boy was rushed to Harbor Beach Community Hospital and then transported to Children’s Hospital in Detroit for more specialized medical care related to his dog bites. The specifics of the young boy’s serious injuries are not known, though reports say the boy sustained serious bites to head, face, and eyes during the dog attack.

The dog’s owner, 37-year-old Randy Weiss has been charged with misdemeanor charges of having an unlicensed dog and stray dog. He will appear in court again regarding the dog attack case on February 11 in Bad Axe.

The Huron County Health Department examined the dog’s body and found that it did not have rabies. The dog was a 6-year-old German shepherd and Labrador retriever mix.

Michigan Snowboarder Sidelined From Olympics After ATV Accident

blog@www.2keller.com (news Author)12360 — Sun, 24 Jan 2010 08:00:00 EST

A serious Michigan ATV accident ends the 2010 Olympic hopes of one world-class snowboarder.

Danny Davis was driving an all-terrain vehicle in the early hours of Sunday morning, January 17, when his ATV ran into a closed gate at the end of a private drive. The Michigan native was found unconscious and transported to the hospital, where surgeons operated on his pelvis and spine. He is now listed in serious but stable condition, recovering from a fractured hip and vertebrae.

Davis and a friend had been celebrating a snowboarding victory that occurred on Saturday night when the accident occurred. Police did not know whether alcohol was a factor in the 3:30 am ATV crash. Friends say that the ATV hit the gate and that Davis was thrown from the vehicle and suffered leg and back injuries. Authorities are not sure who was driving at the time of the accident.

Davis won a qualifying event for the 2010 United States Olympic snowboarding half-pipe team on January 6 even though he was not a favorite – one of five qualifying snowboarding events for the Olympics. At the time of his win, the athlete dedicated his victory to Ken Pearce, a fellow snowboarder who had suffered a serious brain injury less than a moth before while snowboarding.

While the promising snowboarder is expected to make a full recovery from his accident, his future in the sport he loves is still not known. The 2010 snowboarding team was announced on Saturday night, with neither Davis nor Pearce on the roster.

Indiana Construction Worker Injured In Fall Through Hole

allenw@2keller.com (blog Author)25556 — Sun, 24 Jan 2010 08:00:00 EST

On Tuesday, January 13, a construction worker at Mackey Arena in West Lafayette, Indiana, was seriously injured when he fell through a hole ten feet to the floor below.

The injured Indiana worker was employed by New Castle, Indiana-based subcontractor Hoosier Steel. He was working on the $100 million renovation of the Mackey Arena at the time of the worker accident. He was loading metal decking onto the fourth floor penthouse of the structure when he stepped into the hole.

The unnamed worker was taken to St. Elizabeth Medical Center after the Perdue Fire Department responded to the scene of the accident. He suffered an arm injury in the fall.

Hoosier Steel is beginning an investigation into the construction worker fall accident. It is unclear if other safety organizations will also conduct an investigation. Hundreds of serious worker falls take place each year in Indiana.

Improperly Tied Truck Load Kills Three In Orange County, Indiana

blog@www.2keller.com (news Author)12244 — Mon, 18 Jan 2010 08:00:00 EST

While many people assume that trucker fatigue or speeding cause the majority of truck accidents, many fatal big rig accidents are the consequence of an improperly loaded truck or an improperly tied down load on a truck. This was certainly the case in Orange County, Indiana this week, when three people were killed due to a improperly tied metal coil.

Indiana State Police say that the big rig accident occurred on Ind. 37 outside of Orleans, when 44,000 pounds of coil came loose from a tractor-trailer. The large and heavy load killed 41-year-old Michael Daugherty from Mitchell, 22-year-old Zachary Staggs from Bedford and 21-year-old Shannon Steele from Jasper. Stagg’s 11-year-old sister Mackenzie Taylor survived the truck accident and is in fair condition. Steel and Staggs, who were seriously dating, hit the coil head-on. The coil then struck a second car driven by Daugherty.

The driver of the truck, Israel Rankin, will not face any criminal charges. The steel was to be used to make the front panels of dishwashers.

Indiana police issued the driver of the truck a ticket for improperly tying his load to his flatbed trailer. Police are still investigating what specifically caused the coil to fall off of the truck – and said that there were not enough chains holding down the coils and that one of the anchor points broke during the truck accident.

Deputy Bill Fullington, Orange County Sheriff's Department said that the Indiana truck accident was the worst he had seen and that the vehicles were barely recognizable.

Trucker Dies In Freak Toll Booth Accident On Indiana Toll Road

allenw@2keller.com (blog Author)25172 — Mon, 18 Jan 2010 08:00:00 EST

Early on the morning of January 7, Indiana State Police say that a trucker at the Portage toll plaza was killed in a bizarre truck accident while the driver was getting a toll road ticket. According to reports, 47-year-old Jaroslaw Lelis exited his truck to get a toll ticket when his truck rolled backward. Lelis became pinned between his truck door and a concrete poll that protected the tollbooth.

Rescue workers arrived at the scene of the truck accident and transported the injured trucker to Porter Valparaiso Hospital Campus. He died of massive head trauma. The Indiana truck accident occurred on the eastbound side of the Indiana Toll Road in lane 4E of the toll plaza at 2 am in the morning on Thursday.

IN police added that the odd truck accident occurred before the winter storm began in the area later in the day. It is not clear why the truck rolled backward causing the fatal accident.

President Obama adds pressure to VA's disability benefits backlog woes

allenw@2keller.com (blog Author)25194 — Mon, 18 Jan 2010 08:00:00 EST

President Obama's order of 30,000 troops to Afghanistan has placed additional pressure on the Veteran's Adminsitration (VA). Already troubled by hundreds of thousands of backlogged disability cases, the VA is now faced with a potential wave of new claims as troops prepare to mobilize.

The following 5 steps would be a good start for the VA to help implement reform:

1) Lower the production quota...

Processors are currently required to rate 3.5 claims a day. If done properly, rating a veterans' disability claim is very time-consuming, and it's not uncommon for a processor to fall below this quota.

When a processor falls behind on their quotas, they and their managers run the risk of being fired. Needless to say, people begin to take shortcuts, thus leading to errors and inaccuracies, and, ultimately, denied veterans' disability claims.

2) Hire more veterans' disability claims processors!

If we lower the production quota to ensure a more accurate handling of the claims, then the VA could use their recent budget increase to hire more claims processors. This would increase quality control, alleviate the backlog of pending claims, and reduce time and money lost on correcting errors. Additionally, the VA could adequately staff regional offices based on battlefield statistics to help anticipate where injured veterans would be filing their claim.

3) Training, training, training...

Claims processors need to be accurately trained to help reduce the possibility of error. Errors committed on claims hurt a disabled veteran's chance of receiving needed benefits, but it also costs taxpayers hundreds of thousands of dollars in overpayments.

4) Switch up the performance-ratings system

Perhaps it's time the VA began to rate a claims processors' performance on the number of injuries they rate. There are several disabled veterans' claims that only have "some" of their injuries processed, thus by altering the performance-ratings' system, it makes it easier for the VA to award partial payments to veterans.

5) Penalize the VA for poor performance

Any time a decision is overturned on appeal, the claims processors and the VA regional offices they work at should lose production credit. By increasing the risk of losing production credit, the VA is forced to take measurable steps to ensure effective claims handling is occurring.

Parkinson's disease, B cell leukemia and heart disease are linked to Agent Orange in Vietnam veterans

allenw@2keller.com (blog Author)24493 — Tue, 05 Jan 2010 08:00:00 EST

Disabled Vietnam veterans with Parkinson's disease, B cell leukemia or coronary artery disease (heart disease) are waiting for an official ruling from the Department of Veterans Affairs (VA) that will possibly pay them veterans disability benefits that are long overdue. Forty years after Agent Orange was last used in Vietnam, the VA and Defense Department have finally identified it as the cause of presumptive illness in many disabled Vietnam vets. (The VA currently provides a list of diseases related to Agent Orange exposure.)

It's important that Vietnam vets understand the meaning behind "presumptive illness." Veterans with the presumptive ailments caused by Agent Orange toxins will qualify for disability compensation if they are able to show that they visited Vietnam at any time from 1962 to 1975. A presumptive illness doesn't require a Vietnam vet to prove a direct association between their medical condition and military service. And so these new claims don't contribute to the already existing backlog of applicants, the VA intends to accept letters from a vet's family physicians supporting claims for Agent Orange-related conditions.

The DVA estimates that approximately 185,000 Vietnam veterans could become eligible for disability benefits after the rule change takes place. (The new ruling is expected to pass sometime in 2010.) The estimated cost for the VA in ensuring that Vietnam veterans receive their disability payments could reach $50 billion. There will also be an effort to fully compensate the widows of Vietnam veterans who died of Agent Orange disabilities. Surviving spouses will be eligible for retroactive benefits and VA Dependency and Indemnity Compensation.

This is a well-deserved victory for the many thousands of Vietnam vets who were previously denied their disability claim. It's also a critical announcement to the thousands of vets who never even filed their claim, but will likely be eligible for benefits. The numbers are expected to be particularly large with regard to the number of Vietnam veterans who file a disability claim due to heart disease.

Vietnam veterans will not be eligible for disability compensation if evidence is found that any of the three diseases are a result of a non-service cause.

60 Minutes uncovers a nightmare facing disabled veterans waiting for disability benefits

allenw@2keller.com (blog Author)24437 — Mon, 04 Jan 2010 08:00:00 EST

"Delay, Deny, and Hope That I Die..."

That's the motto being given to the Veterans Benefits Administration (VBA) by our disabled veterans.

After viewing last night's veterans disability story on 60 Minutes, it seems fitting. While 60 Minutes didn't tell us anything we didn't already know about the VBA, it certainly did an excellent job of highlighting the burgeoning crisis facing our disabled veterans seeking benefits.

Watch CBS News Videos Online

Our government continues petitioning our soldiers and their families to make sacrifices for our country. Yet, when that soldier's sacrifice leads to a debilitating injury, the government seems to do an about-face, leaving the disabled veteran on their own to fight within a system that can leave them waiting four years to receive needed medical benefits. The only hope a disabled veteran might have in many instances, is to hire a

qualified veterans disability lawyer.

One of 60 Minutes guests, Paul Sullivan, highlighted some depressing facts.  (Mr. Sullivan is executive director of Veterans for Common Sense, an advocacy group that works on behalf of veterans' issues.)

"The VBA tilts the scales very heavily against veterans. Right now, when VBA makes a mistake on a claim, almost always the mistake is in favor of the government. Very, very few cases of fraud are ever found." Mr. Sullivan further stated, "The number of veterans who appeals their claim is in the tens of thousands and ballooning. Right now, the Board of Veterans appeals, which is another government agency outside of the VBA, has 200,000 backlogged appeals. That's a nightmare, that's an outrage!  Two hundred thousand veterans waiting on average 4 years to get an answer from the DVA."

Our veterans deserve better. You deserve better, and you shouldn't have to wait to receive veterans disability benefits that are rightfully yours.

Recent changes in our law have made it so that you no longer have to wait on the government. You can take charge of your claim by getting outside help.  Disabled veterans are now legally allowed to hire a qualified veterans disability lawyer to help them fight their appeal.

We can help you fight back, and fight back NOW!

Is the Veterans Administration a friend or foe to disabled veterans?

allenw@2keller.com (blog Author)24455 — Mon, 04 Jan 2010 08:00:00 EST

Abraham Lincoln said the purpose of the Veterans Administration (VA) was to "care for him who shall have borne the battle." A noble and just quote, indeed. However, the wars in Iraq and Afghanistan have pushed the VA further behind in that mission, and today there are a million veterans waiting for the VA to handle their disability claims

In a recent 60 Minutes investigative report, the V.A.'s Deputy Undersecretary for benefits (Michael Walcoff) said he is aware that disabled veterans view the V.A. as an adversary, and not an advocate. He further states that the V.A. has been doing a lot of things over the last year to try to convince veterans that the V.A. is interested in the welfare of disabled veterans.

The question that begs explanation is, "Where do the perceptions that the V.A. doesn't care about our veterans come from?" When 60 Minutes pressed the Deputy Undersecretary for an answer, he responded by saying he "didn't know, but is aware of them."

And while there is plenty of justification for the negative attitude veterans have toward the V.A., it wouldn't be entirely accurate to say that the V.A. doesn't care about vets. There are certainly good people within the V.A. who want to see disabled veterans get the benefits they deserve; however, the system is so badly broken that no one is quite sure how to repair it.

One of the most recent steps the V.A. has taken is to expand their Disability Evaluation System program. This is only one of many steps that need to be taken to properly address the problems facing our disabled U.S. veterans.

Disabled veterans seeking benefits receive good news: "VA to expand disability claims test"

allenw@2keller.com (blog Author)24105 — Tue, 29 Dec 2009 08:00:00 EST

A wounded veteran attempting to obtain their disability rating is going to be put through the ringer. The process takes an unusually long time, is filled with redundancy, and can be very confusing. However, recent news shows steps are being taken to try and streamline the disability rating process.

Starting January 2010, the existing Disability Evaluation System program will expand to thirty-three installations. (Currently, there are twenty-seven military facilities that take part in the program.) The six new installations will include: Fort Benning, Ga.; Fort Bragg, N.C.; Fort Hood, Texas; Fort Lewis, Wash.; Fort Riley, Kan.; and Portsmouth Naval Medical Center, Va.

An official spokesperson for wounded warrior care was quoted as saying, "The decision to expand the pilot was based upon favorable reviews focusing on the program's ability to meet timeliness, effectiveness, transparency and customer and stakeholder satisfaction."

What does this mean? It would seem that the Disability Evaluation System program is working.

Started in November 2007, the program was designed for soldiers and veterans who left the military under honorable conditions for service-related injuries. The main purpose of the program was to address the inconsistent rulings in medical evaluations in separate disability processes utilized by the Defense Department and Veterans Affairs (VA).

If a wounded veteran does not use the pilot program at one of the above-designated medical facilities, their evaluation will be reviewed by the Defense Department physicians, then by the VA. This means that the wounded veteran will undergo a time-consuming, confusing, duplicative process, first with the Defense Department physicians and then with the VA. This is simply unacceptable treatment for our country's heroes.

The advantage of the Disability Evaluation Systems program is that it allows physicians in both departments to collaborate on medical findings. Wounded veterans will undergo one medical exam and obtain a single-sourced disability rating. The result is a much faster process that helps validate the claims and benefit payments for disabled veterans.

To date, more than 5,400 soldiers and veterans have participated in the pilot program.

Your Indianapolis semi-truck accident lawyer should know about the "comic book"

allenw@2keller.com (blog Author)24163 — Tue, 29 Dec 2009 08:00:00 EST

Semi-truck driver fatigue is a problem, a very big and dangerous problem. No one will argue that truckers don't have a tough job: long hours, sleep deprivation, fatigue, pressure to deliver loads on time or early, delivering more loads than ever before, etc.  However, the bi-product of these demands often leads to serious injury or death. Research has shown that every hour a trucker spends behind the wheel, the higher the chances that they will cause a serious semi-truck accident.

Indianapolis serves as a hub and passageway for thousands of semis using I-465, I-74 and I-65 as a transportation route to cities like Chicago and St. Louis. And while Indiana may be considered the Crossroads of America, we're also a breeding ground for accidents involving semi-trucks. It's a fact that Indianapolis semi-truck accident lawyers can easily verify.

"Since fatigue is a common factor in Indianapolis semi-truck accidents, is anything being done to stop tired truckers from driving?"

Yes. In January 2004, the Hours-of-Service Regulations took effect, stating that interstate commercial truck drivers won't be allowed to drive more than 11 hours or drive after 14 hours on duty until they have had a 10-hour break. Further, semi-drivers cannot drive after accruing 60 work hours during a 7-day period or 70 work hours during an 8-day period, but a "restart" provision will allow truckers to drive 77 hours in 7 days or 88 hours in 8 days.

The problem: studies show that these regulations are commonly violated.  Regulations currently allow truckers to record their hours in a written logbook, which semi-truck drivers refer to as "comic books" because of how easily and commonly they are falsified.

The "comic book" is only one piece of evidence that needs to be examined by an Indianapolis semi-truck accident lawyer.   There are several factors that exist in a semi-truck case that don't present themselves in ordinary car accidents. Remember, there is nothing ordinary about an accident with a semi-truck. the problem is so bad that truckers refer to the log book which they record their hours into as the "comic book."

Bloomington Hospital Faces Medical Malpractice Suit After Treating Domestic Abuse Injury

blog@www.2keller.com (news Author)11911 — Sat, 26 Dec 2009 08:00:00 EST

Mother Ava Mcswane is suing Bloomington Hospital in Indiana for medical malpractice after her daughter was shot minutes after leaving the hospital with her abusive husband. Mcswane argues that although it was heavily suggested that her daughter, Malia Vandeneede, was seriously injured by her husband, the hospital staff did nothing to protect her from further harm.

In 2002, Vandeneede and her husband Monty Vandeneede came to the emergency room saying that Malia had fallen off of a horse and landed in some brush. Although it was apparent that the injury was caused by domestic abuse, and although her mother told hospital officials that her daughter had in fact been attacked with a fireplace poker, the couple was allowed to leave the hospital together. Just a few blocks down the road, Monty shot his wife and then himself.

In the Indiana medical malpractice case, the nurses argue that they did enough to prevent the woman from leaving with her abusive husband. One pointed out a domestic abuse poster while another told her that she did not have to leave with her husband. Two security guards also gave Monty an alcohol test and searched him for weapons. Police were called and informed of the incident, though they did not respond to the call. Malia’s mother argues that her daughter was not given the opportunity to safely report her attack while separated from her husband, and that the hospital had a duty to protect her daughter since they understood that she had been attacked.

Chicago Heights Teen Severely Bitten By Dog

blog@www.2keller.com (news Author)11912 — Sat, 26 Dec 2009 08:00:00 EST

You’ve heard about a hit-and-run, but what about a bite-and-run? This is what happened to 15-year-old Girthamarie Gary of Chicago Heights, who was attacked by a pit bull on her way to the public library at the corner of Lincoln Highway and Edgewood Avenue. Gary said that after a woman’s dog bit her leg and hand, the dog owner ran away, leaving the young teen bleeding heavily on the sidewalk.

After the Chicago dog bite incident, Gary spent four days in the hospital and her maimed hand required surgery, antibiotics, and ongoing care. She was first taken to St. James Hospital and then transferred to Munster Hospital. Finally, she had hand surgery at the University of Chicago hospital before finally being released. She has lost feeling in two of her fingers, suffers from pain, and can’t play volleyball with her friends. She now has a metal pin in her finger which will help the mostly-severed digit to heal as well as it can.

Police say that 37-year-old Catina Jones, who owns a pit bull named Star, was cited for not having a city license for her dog. Jones insists that she was not the woman involved in the dog bite incident and that she never walks her dog on Lincoln Highway. Meanwhile, Gary’s mother has called a dog bite lawyer and plans on suing for the medical costs of the dog attack.

Chicago Man Killed In Forklift Accident â€“ May Be Fog Related

blog@www.2keller.com (news Author)11879 — Thu, 24 Dec 2009 08:00:00 EST

A Resource Management worker was killed in the Chicago area by a forklift, and investigators think that heavy fog in the area may have played a major role in the deadly Illinois industrial accident. While accidents in industrial jobs is more common than in most other sectors, poor weather conditions can make a dangerous job even more dangerous, especially at night.

Chicago Ridge Police Chief Tim Baldermann told reporters that 26-year-old Jesus Hernandez-Blas was working in Chicago Ridge around Midnight on Monday when a coworker hit the man on the head with a forklift in poor weather conditions. The Cook County medical examiner's office said that the man was pronounced dead at the scene of the industrial accident and that an autopsy revealed that he died of major head trauma.

While accident investigators believe that fog may have been a cause, and while the forklift operator has been fully cooperating with authorities, officials are still wondering why Hernandez-Blas was not seen earlier by the man operating the forklift. The forlift driver passed a blood alcohol content test after the Illinois accident. The two men were working for a recycling company at the time of the Chicago accident. Chicago Ridge is a southwest suburb of Chicago.

It is not clear whether the man was in a hardhat area at the time of the industrial plant accident or whether he was wearing head protection when the forklift hit him.

One Seriously Injured In Sellersburg School Bus Accident

blog@www.2keller.com (news Author)11885 — Thu, 24 Dec 2009 08:00:00 EST

School buses carry our most precious cargo, but unfortunately, there are hundreds of school bus accidents each year across the United States. In many cases, school bus accidents are caused when another driver on the road does not know the rules of the road pertaining to school buses or are not alert of a stopping school bus. This was certainly the case in Sellersburg, Indiana, On December 16, when a serious school bus accident led to the serious injury of one driver. The accident occurred at 7 am, just as buses were picking up children for their day at school.

The Clark County Sheriff reported that a bus was stopped to pick up children on State Route 60 in Clark County with a car stopped behind it. With both vehicles stopped, a third car ran full speed into the car, which in turn was wedged beneath the bus. While no one on the school bus was injured, and only six children were aboard the bus at the time of the accident, one woman was trapped in the car wedged beneath the bus with serious injuries. After emergency responders were able to lift the bus off of the car, the woman was airlifted to University Hospital where she remains in critical condition.

The school bus accident remains under investigation by Clark County officials. The children were all examined by medical professionals and their caregivers were contacted. The bus was in working order at the time of the bus accident.

Illinois Supreme Court To Rule On Medical Malpractice Cap Soon

blog@www.2keller.com (news Author)11886 — Thu, 24 Dec 2009 08:00:00 EST

For the past several years, Illinois lawmakers, judges, and lawyers have been tackling the issue of Illinois medical malpractice laws, medical malpractice caps, and rising insurance rates for medical professionals and hospitals.

In 2005, with doctors facing higher and higher insurance rates to protect against medical malpractice, many medical professionals were leaving Illinois to practice elsewhere. In response to the growing shortage of doctors, the Illinois General Assembly passed a law capping medical malpractice awards: $500,000 awards against doctors and $1 million awards against hospitals.

However, in 2007, a judge in Cook County, Illinois, said that medical malpractice caps prevented judges from awarding the appropriate amounts to victims of malpractice. The med mal case, LeBron v. Gottlieb Memorial Hospital, involved the severe and permanent disability of a young girl, Abigaile Lebron. In the next two years, the question of whether or not medical malpractice caps are constitutional has been sent to the Illinois Supreme Court. At this time, they have not issued their decision regarding the issue.

Many have a problem with medical malpractice caps because some victims of medical malpractice require life-long care, expensive surgeries, medications, therapy, and other considerations that cost more than the caps allow. At the same time, medical malpractice victims can face decades of lost wages, permanent disabilities, loss of joy, pain and suffering, and other life-altering chances that cannot be compensated justly with medical malpractice caps.

In Illinois, Supreme Court rulings are handed down one to two times a month.

Burn pits may pose long-term health risks to soldiers in Iraq and Afghanistan

allenw@2keller.com (blog Author)23638 — Fri, 18 Dec 2009 08:00:00 EST

It appears that “burn pits” are yet another health risk facing our soldiers in Iraq and Afghanistan. Despite the more obvious dangers facing our troops, the emergence of burn pits and their waste have caused a bit of debate among health officials and the military.

The open-air pits, which are used instead of enclosed incinerators, have become commonplace on some of the Iraq and Afghanistan bases and outposts, leaving soldiers vulnerable to the smoke and refuse they release into the air as the waste burns.

It wasn’t long ago that the military insisted that soldiers who were stationed near burn pits faced no long-term health risks, and were only at risk for temporary resparatory problems (persistent coughing) and eye irritation. Now, it appears the military is backing off those claims.

A top military health official, Dr. Craig Postlewaite, cited in a recent media interview that certain troops, who have other medical conditions, may be at risk for long-term effects. He went on to state that the level of risk a soldier faces is largely dependant upon genetics and pre-existing health conditions.

The failure by the Department of Defense and Veterans Affairs to recognize burn-pit exposure has led to a large rumbling from our country’s veterans. As a result both groups have agreed to conduct a larger study of troops to determine what other health effects there could be.

Soldiers and disabled veterans have complained of symptoms ranging from chronic bronchitis, asthma, sleep apnea, chronic coughs and allergy-like symptoms to more serious health issues including heart problems, lymphoma and leukemia.

The Disabled American Veterans Organization has been keeping a database of troops who report problems related to the pit. In one year, nearly 500 service members or their families have come forward, said the DAV's John Wilson.

Disabled veterans who were exposed to burn pits are encouraged to contact the Department of Veterans Affairs as well as a qualified veterans disability lawyer to help determine what benefits may be available to them.

Snow Causes A Rash Of Accidents Across Indiana

allenw@2keller.com (blog Author)23425 — Tue, 15 Dec 2009 08:00:00 EST

This winter’s first significant snow storm and inclement weather was to blame for an increase in traffic accidents across Indiana this week – with I-65, I-69 and city streets in Indianapolis all seeing a greater than usual number of car accidents. In many cases, light dustings of snow melted onto roadways, causing slick conditions and black ice.

In Clinton County, a number of early-morning car crashes on I-65 left one dead and a number of vehicles damaged. Indiana State Police also reported a large number of one-vehicle accidents in which cars left the roadway after their drivers lost control. In Indianapolis, an estimated 100 weather-related accidents were called in. All of the accidents resulted in closed lanes and traffic delays – one bus accident even took down power lines. In another accident, an elderly woman lost control and her car slid into a pond, killing the woman.

More snow is expected in Indiana soon.

Pit Bull Dog Attack Stops Mail Delivery In Michigan Neighborhood

allenw@2keller.com (blog Author)23209 — Thu, 10 Dec 2009 08:00:00 EST

A dog attack in Sturgis, Michigan, has left a neighborhood without mail service. On the Saturday after Thanksgiving, a US mail carrier was bitten by a three-year-old pit bull when trying to deliver mail on West Congress Street. The dog bit the woman while another aggressive pit bull also approached. The woman was sent to the hospital with dog bite wounds.

According to Sturgis Post Office supervisor Tom Picker, the street in that area of town is infamous for dangerous and aggressive dogs and the neighborhood is simply too dangerous to deliver mail to. Picker said that mail would not resume for the time being in that area and that the dog would have to be removed.

The dog’s owner, Kipp Vanzile, said that they have trained their pit bulls and have even used a shock collar on the dogs. Although Vanzile issued a public apology, she does not have plans to get rid of her pet.

IIHS Announces Safest Vehicles of 2010

allenw@2keller.com (blog Author)22378 — Tue, 24 Nov 2009 08:00:00 EST

The IIHS has released its safest vehicles of 2010 list. Their picks were based on 4 categories:

Front Impact: Front impacts were done offset at 40mph. Each vehicle is evaluated
on the amount of intrusion into the vehicle, injury assessment sustained by the crash Hybrid
III dummy, and how well the vehicle’s restraint system controlled the dummy occupant
during the crash via analysis of slow-motion video playback.
Side Impact: Side impact assessments were performed by a moving barrier that strikes the car
at 31mph. The barrier is designed to replicate the front of an SUV or pick-up. The
assessments are based on the injury measurements from 2 instrumented SID-II crash dummies.
Also rated in the side impact collision are the head protection features. These include side curtain airbags or restraints, and overall sturctural integrity of the vehicle.
Roof Strength: For the roof strength test, a flat metal plate is pressed at a steady speed against one side of the vehicle’s roof. If the vehicle passes the test to earn a GOOD rating for rollover protection, the vehicle’s roof must be able to withstand a pressing force of four times the vehicle’s weight without compressing five inches--a strength-to-weight ratio measurement.

(For example, if the vehicle weighs 4,000lbs, it must be able to withstand the pressing force of 16,000lbs. In order for the IIHS to give a vehicle an ACCEPTABLE rating, the vehicle must be able to withstand a minimum of 3.25 strength-to-weight ratio, MARGINAL needs a 2.5, and vehicles below 2.5 receive a POOR rollover rating.)
Rear Impact: Rear impact crash protection was measured based on calculations of the distance between the head and the head restraint, and how much force is placed on the neck during impact as a result. This test is performed on a stationary vehicle that is struck at 20mph. If the vehicle's seats cannot be positioned to provide good protection, it will receive a POOR rating.

The complete list of vehicles and specific ratings exist on the IIHS website. In addition to this list, you can view several other non-biased reports and findings regarding vehicle safety information.

Research is always recommended before purchasing a new vehicle, especially if you wish to buy the safest vehicle to fit your needs.

Family Of Four Critically Injured In Indianapolis Car Accident

blog@www.2keller.com (news Author)11353 — Thu, 19 Nov 2009 08:00:00 EST

A multiple-car accident on Interstate 65 outside of Indianapolis left three out of four family members in serious, life-threatening condition. The cause of the IN car accident was an elderly man driving a horse trailer who mistook the accelerator for the brake pedal.

Indiana State Police say that 72-year-old Charles Walker of Knox, Indiana, was illegally pulling a horse trailer behind his RV when the traffic on I-65 near Keystone Avenue suddenly came to a stop ahead of him. He pressed the gas instead of the brake, slamming into a minivan in front of him and ramming the vehicle into four other cars. Indiana Police ticketed the man for driving in the far left lane while towing a trailer, driving a vehicle that is too long, and not slowing down when required.

State Police Sgt. Anthony Emery said that the man was also driving with an expired license plate on his trailer, which was carrying three horses.

The minivan was filled with the McCormick family - Erin, 36, Erik, Gwendolyn, 4, and Quintin, 2. Erin, the driver, was rushed to Wishard Hospital in critical condition while her two daughters were rushed to Riley's Hospital for Children with serious head and face trauma. Erik McCormick suffered only minor injuries in the crash.

Jeffery Parson of Indianapolis and Kimberly Kelly of Greenwood, Indiana, were driving two other cars that were hit in the Indianapolis car accident. The accident shut down I-65 southbound lanes south of Indianapolis for over three hours.

Fatal Indiana Wood Chipper Accident Reveals Serious IOSHA Safety Violations

blog@www.2keller.com (news Author)11308 — Tue, 17 Nov 2009 08:00:00 EST

Tree Core, a New Carlisle business with other worker injuries in the past, is now facing large safety violation fines following a fatal wood chipper accident in September 2009. After investigating the deadly worker incident, the Indiana Occupational Safety and Health Administration has found the owner of the company at fault for several safety hazards.

Authorities say that 37-year-old James Vician was working on site in Kosciusko County when he was pulled into the industrial wood chipper. Kosciusko County police say that the man’s coworker, Brian Whitaker, was at the site but did not see the accident. When he returned to the wood chipper to find Vician gone, he discovered that the accident had happened when he looked at the debris in the truck. The Atwood Fire Department and Multi-Township EMS responded to the on-thw-job accident.

The IOSHA has doled out $72,000 in fines to Tree Core. Their investigation revealed that the workers had jammed the wood chipper’s speed adjuster to feed above maximum speed at all times. The workers also held back the wood chipper’s emergency stop arm with a strap. Sean Keefer, Deputy Commissioner for Indiana’s OSHA said that not only did the owner of the company have full knowledge of the safety problems – but that it had been going on for a long time.

Vician’s wife Tricia says that no one will ever know what really caused the worker accident. Tree Core had another deadly accident in 2001.

FDA To Launch New Prescription Drug Safety Efforts

blog@www.2keller.com (news Author)11289 — Mon, 16 Nov 2009 08:00:00 EST

In the United States alone, 1.4 million adverse drug events occur each year – prescription drug injuries and fatalities that occur due to improper usage of prescription drugs, overdose errors, and other similar problems. Many health professionals and safety advocates believe that lives can be saved not by taking some prescription drugs off the market, but simply by making labeling more accurate and increasing the accuracy of drug warnings. As of now, medical officials say that avoidable prescription drug problems cost the country $4 billion each year.

This week the Food & Drug Administration (FDA) announced a new program designed to identify the most serious dangerous prescription drug issues and pinpoint ways to decrease harmful incidents where prescription drug takers are harmed by their medicine. The program, called the Safe Use Initiative, FDA officials will look at the information, labeling, and instructions, given to prescription drug users and see where better or more information could be provided. One drug in particular, the common pain reliever acetaminophen, will be examined in an effort to minimize overdose problems that can be extremely harmful and even deadly. The Safe Use Initiative will also examine liquid medications – which often lead to dangerous dosage errors.

All in all, the program will strive to cut down on serious injury due to medical misuse while providing patients, doctors, and pharmacists with more accurate warnings, instructions, and dosage information. Recently, the FDA has been under fire for being lax in their approval of new prescription medications – and for being slow to acknowledge dangerous drugs already on the market.

Accutane Attorney Has Promising News For Injured Clients

allenw@2keller.com (blog Author)21579 — Wed, 11 Nov 2009 08:00:00 EST

A recent study has reinforced Accutane attorney claims that the acne drug can be linked to certain instances of inflammatory bowel disease and ulcerative colitis.

"Time is quickly running out for Roche," said Jim Keller, an attorney for the high-profile Accutane Team litigation group. "Until now, much of the evidence against Roche was anecdotal. Now, we have medical evidence that proves our clients' illnesses are a direct result of Accutane use."

The drug study was performed by researchers from the University of North Carolina, Chapel Hill, and they presented their findings to the American College of Gastroenterology, which revealed a higher incidence of bowel disorders among Accutane users compared to those who did not use the acne drug.

Accutane attorneys, like those for the Accutane Team, have filed lawsuits agaisnt Roche to force the pharmaceutical company to provide full disclosure to clients so that they are properly informed of the risks or, alternatively, to take the medication off the market completely.

The Accutane Team represents clients who were not adequately informed of the increased risk of inflammatory bowel disease. The legal team continues to secure verdicts on behalf of their injured clients and are actively reviewing Accutane cases for potential claims.

Researchers Look For Fleet Phospho-Soda Alternatives Following Recall

blog@www.2keller.com (news Author)11230 — Tue, 10 Nov 2009 08:00:00 EST

In the wake of the urgent warning regarding Oral Sodium Phosphate products , including Visicol and OsmoPrep, and Fleet Phospho-soda , doctors and scientific researchers are looking for new, effective, and safe ways for patients to prep for their colonoscopies. This was clear at the 74th Annual Scientific Meeting of the American College of Gastroenterology where a number of gastroenterology researchers shared their papers and studies on new ways to prepare patient bowels in the time before colon procedures take place.

Oral sodium phosphate , such as found in the laxative product Fleet Phospho-soda, came under fire eight months ago after a number of patients reported serious kidney damage after developing acute phosphate nephropathy. In December of 2008, the Food & Drug Administration required all oral sodium phosphate products to include a black box warning to patients regarding the dangers of serious kidney damage . The product may deposit sodium phosphate crystals in the renal tubules of the kidney, permanently damaging the organ. Acute phosphate nephropathy can lead to kidney damage, kidney failure, the need for a kidney transplant, and even death.

While one study at the Scientific Meeting of the American College of Gastroenterology found that polyethylene glycol (PEG) with absorbic acid was a good substitute for bowel prep, another study found that oral sulfate solutions worked as well in bowel prep, perhaps with fewer patient side effects.

The makers of Fleet Phospho-soda as well as other oral sodium phosphate have faced multiple lawsuits in recent years regarding the danger of their products.

Bloomfield, IN, Man Killed When Fed Ex Truck Strikes Fallen Tree

allenw@2keller.com (blog Author)21437 — Mon, 09 Nov 2009 08:00:00 EST

In Clay County, Indiana, a Fed Ex truck driver was killed on Saturday morning when his vehicle struck a fallen tree in the road. The Clay County Sheriff's Department said that 55-year-old Raymond Wesley Corey of Bloomfield, Indiana, was driving on State Route 157 just after seven in the morning this weekend when his truck collided with a tree lying across both lanes of the highway.

Clay County Coroner Joel Reinoehl pronounced the Fed Ex worker dead at the scene of the truck accident. Indiana SR 157 south of County Road 800 South remained closed as emergency workers cleared the scene of the fatal Indiana truck accident and while the Indiana State Highway Department removed the fallen tree. Corey was originally from Terre Haute, Indiana.

Investigators are unsure of what caused the tree to fall or why Corey did not see the obstacle.

Missouri City Man Attacked By Rottweiler â€“ Neighbor Shoots Dog

allenw@2keller.com (blog Author)21393 — Sun, 08 Nov 2009 08:00:00 EST

A man walking his dog to the post office in Missouri City on Wednesday, November 4, when an unleashed dog attacked the pair on the road. Witnesses say that a man passing in a pickup truck saw the struggle, pulled over, and shot the aggressive Rottweiler several times to prevent further injury to the man and his small white dog.

The dangerous dog, a Rottweiler named Rebel, belonged to neighbor Tony Trammell. He told Clay County officials that the dog was not leashed because there is no leash law in Missouri City. He also said that the dog had acted aggressively with other dogs in the neighborhood before. Still, he claimed that Rebel was his buddy.

The Clay County man who was attacked could not be found after the dog attack incident, and it is unknown whether man or dog was seriously injured by a dog bite.

Four Construction Companies Fined For Indianapolis Convention Center Death

blog@www.2keller.com (news Author)11200 — Sat, 07 Nov 2009 08:00:00 EST

In June of 2009, 55-year-old construction worker Stanley Roberts died at the construction site for the Indianapolis Convention Center after falling over 50 feet. Now the Indiana Occupational Safety and Health Administration (IOSHA) has handed out four different IOSHA safety violation citations to four different construction companies in response to the fatal Indiana construction site accident. Roberts fell from a metal construction lift after the lift fell into a small one-foot deep hole measuring two feet by two feet.

Ermco Electric and FA Wilhelm were both fined $9,000 for two violations: not adequately marking the excavation site where Roberts' lift fell and not adequately covering the excavation site where Roberts' lift fell.

Far West Construction Inc. was fined $3,000 for not marking or covering the hole that caused Roberts' lift to tip.

Finally, Harmon Steel was fined $10,000 for not preventing Roberts' lift from entering the dangerous area where the hole was located. The IOSHA said that Harmon Steel should have provided a barricade, signals, or stop logs to prevent the fatal IN fall accident.

Roberts was trained to use the JLG 800AJ mobile articulating boom lift and, according to his family, was very concerned about construction site safety. The lift toppled after hitting the small hole and struck a steel beam on the construction site. Roberts was the only person injured in the Indiana construction accident. Further investigation found that although Roberts was wearing a safety harness, it was not attached to the safety basket to prevent his deadly fall.

Four Young Men Seriously Injured In Kosciusko County Double Rollover Accident

blog@www.2keller.com (news Author)10850 — Fri, 16 Oct 2009 08:00:00 EST

New drivers, males, and teen drivers are among the most likely to be involved in a serious car accident. In Kosciusko County, Indiana, three young male teen drivers were involved in a serious two-car accident that sent four young men to the hospital.

The Pierceton, Indiana rollover accident occurred on Tuesday, October 6, at 8 in the morning on Indiana 14. The Kosciusko County Sheriff's Department said that two teen drivers were moving along Indiana 14 when a third car manned by a male teen driver pulled out in front of them from County Road 700. The two cars in back attempted to pass the third car, but one vehicle lost control and ran into another. The two vans involved in the collision both rolled off the road, landing upside down.

The teens involved in the Indiana rollover accident included Paul Nadolski, 19, Jarrod Lewis, 17, Charles Shepherd 16, and Austin Striggle, 15. Lewis was flown by medivac to Parkview Hospital in Fort Wayne with life-threatening injuries while the other three young men were also rushed to the hospital in critical condition.

The driver of the third vehicle, Garret Vande, 18, fled the scene of the car accident and is now being investigated by police. Authorities are not sure whether alcohol or drugs were involved in the van accident, but say that speed was a factor in the Indiana teen driver crash. A blood test given to Vande will likely determine whether he was driving while intoxicated.

Chicago's Scotland Yard Gospel Choir Injured In Indiana Van Crash

blog@www.2keller.com (news Author)10838 — Thu, 15 Oct 2009 08:00:00 EST

Bloodshot Records indie rock band Scotland Yard Gospel Choir was involved in a serious van accident on Thursday afternoon while driving in Indiana on Interstate 65. All six members of the Chicago-based band were seriously injured in the Indiana band accident while one band member is listed in critical condition.

The band, who was beginning a tour to promote their new album, "...And the Horse You Rode In On," all received some degree of head injury after their van blew a tire, lost control, and flipped several times. The vehicle landed upside down off of I-65.

Indiana State Police told reporters that Mark Yoshizumi was airlifted to Advocate Christ Hospital Medical Center in Oak Lawn with major internal injuries and major head trauma. Alison Hinderliter, 42, Ethan Adelsman, 32, Elia Einhorn, 29, and Mary Ralph, 28, were all rushed to Jasper County Hospital in Rensselaer, IN, with head injuries, broken bones, and other non-life threatening injuries.

Driver Eliezer Santana Jr., 32, received a concussion and minor injuries. Yoshizumi remains in serious condition while the other band members have been released from the hospital. Ralph, who suffered a broken pelvis and collarbone, will be moved to a Chicago hospital.

Indiana Police say the van flipped five to eight times before coming to a rest - it is not known whether the band members were wearing seatbelts at the time of the accident. The van was destroyed in the accident along with the ban's equipment.

Decatur Jury Awards $6.7 Million To Family Following Construction Accident

blog@www.2keller.com (news Author)10780 — Fri, 09 Oct 2009 08:00:00 EST

The parents and siblings of an Illinois construction worker has been awarded with $6.7 million in damages after their loved one was killed in a Decatur construction site accident in March 2007.

The Illinois jury decided last week that Decatur construction company Archer Daniels Midland was responsible for the construction site death of 26-year-old Francisco Moreno Garcia.

According to reports, Garcia was insulating pipes at an Archer Daniels Midland (ADM) facility when a machine broke, spraying the worker with steam, toxic chemicals, and boiling water. Garcia was rushed to a nearby hospital where he died the next day from severe burns over the majority of his body. While working his construction job, Garcia was harnessed to a 15-foot high scissor lift that was situated near a recompression evaporator. The evaporator, which contained hot liquid waste, exploded, spraying Garcia with its contents. Garcia tried to escape his harness, but could not get it off.

"As they stripped his clothes off him to get him into the safety shower, his skin was just peeling off in strips," the family's construction accident lawyer said.

ADM is not sure whether or not it will appeal the Illinois court decision. ADM spokesman Roman Blahoski expressed sympathy to Garcia's family and said that they are considering how to move forward regarding the outcome of the construction accident case. Until then, the Macon County Court's wrongful death decisions stands regarding the chemical burn lawsuit.

Indiana Utility Worker Killed In Construction Zone By Coal Truck

allenw@2keller.com (blog Author)19721 — Thu, 08 Oct 2009 08:00:00 EST

Indiana State Police report that a utility worker was killed by a coal truck on Route 22 in Armstrong Township, Indiana.

Reports say that 48-year-old Robert Conner of Warsaw Township in Jefferson County, IN, was struck by the coal truck while locating a utility line near a construction zone. Conncer was standing next to his utility truck on the east side of the highway where the road narrows from two lanes to one. Allegedly, 59-year-old Carl White of Avonmore, Indiana was driving a coal truck eastbound past this point when he hit and killed Conner.

Police, firefighters, and EMS responded to the scene and rushed Conner to Indiana Regional Medical Center where he was pronounced dead. The Indiana construction site accident is still under investigation. The Memorial Medical Center in Johnstown will perform an autopsy on Conner this week.

Royal Oak, Michigan, To Toughen Vicious Animal Ordinances

allenw@2keller.com (blog Author)19652 — Wed, 07 Oct 2009 08:00:00 EST

New dog bite statistics out of Royal Oak, Michigan have city officials like Commissioner Terry Drinkwine interested in making stiffer city ordinances for the owners of vicious, aggressive, and dangerous dogs.

A new report found that although pit bulls makes up just 1.7 percent of licensed dogs in the Michigan city, they are responsible for over one third of dog bite incidents in the last year. However, despite the worsening problem with dangerous and aggressive pit bulls in the area, other in the city council meeting opposed breed-specific city ordinances that might single out pit bull terriers. The problem became even more complex when it was noted that pit bulls are not an officially recognized breed.

A city attorney suggested that making existing laws for all vicious dogs tougher may be the best solution to Royal Oak's serious dog attack problem. The revised city ordinance on dangerous dogs will be revealed at the next city council meeting.

Man Challenges Indiana's Medical Malpractice Award Cap

blog@www.2keller.com (news Author)10709 — Tue, 06 Oct 2009 08:00:00 EST

For decades, Indiana has had a $1.25 million cap on medical malpractice awards. Now, however, the widower of a medical malpractice victim is challenging the law in order to receive the full amount awarded to him last month during his medical malpractice trail -- $8.5 million from Community Hospital of Indianapolis.

At the beginning of September, a Marion County jury found the Indiana hospital negligent in their treatment of Debbie Plank, wife of Timothy Plank. In 2001, Debbie went to the Community Hospital emergency room three times complaining of severe abdominal pain. An x-ray was taken that showed that she had a bowel obstruction in her lower intestine - a medical emergency that requires immediate surgery. However a few miscommunications took place and her x-ray was misplaced. When her medical issues was finally discovered, part of her intestine had died and she passed away the next day despite being placed on life support.

Timothy Plank says that his motivation for receiving the full amount of the medical malpractice reward has nothing to do with money, and in fact that most of the money would be donated to the Deborah L Plank Memorial Scholarship, administered by the Hancock County Indiana Community Foundation. The scholarship fund helps high school students pay for college. Originally, Plank said that he filed a medical malpractice suit only after the hospital seemed unaware of their medical error after the death of his wife and after he realized that he might help others in similar situations.

The widower told reporters, "I am doing this to help others in this situation, not for the money."

Indiana Logger Killed In Portersville Sawmill Accident

blog@www.2keller.com (news Author)10699 — Mon, 05 Oct 2009 08:00:00 EST

An experienced logger with two decades of experience was killed on the job in Portersville, Inidana, on Wednesday afternoon, September 30. The on-the-job fatal Indiana accident took place in Dubois County in southern Illinois.

The Dubois County Sheriff's Department told reporters that no one saw the accident happen at Hoffman Sawmill, though workers who found the body immediately called for emergency help. Officials believe that 70-year-old Norman Keller of Dubois, Indiana, had begun to unload a truckload of logs at the sawmill when one fell off of the truck and onto the man's chest. The log then rolled down his body and off of the worker. Deputy Coroner Bob Brown confirmed that the log had struck the man and then rolled off the lower half of his body.

The Hoffman Sawmill is located north of Jasper and family-owned.

This on-the-job accident is a harsh reminder that no matter how much experience you have logging or working at a sawmill, both work environments are dangerous and often lead to work accidents and work accident injuries. Processing logs involves not only the dangers of logs themselves, but also of the heavy equipment needed to move and cut the pieces. Each year, logging is named one of the nation's most dangerous jobs, with around 80 logging-related deaths recorded each year. Safety experts cite the extreme weight of the wood as the top reason that those working with logs are so often in danger. Overall, logging has a fatality rate of a fatality rate of 90.2 per 100,000.

Numbers Increasing For Those Seeking Disability Benefits

blog@www.2keller.com (news Author)10457 — Wed, 23 Sep 2009 08:00:00 EST

The number of people in America seeking disability benefits is rising, according to a recent study conducted by the Council for Disability Awareness (CDA). In fact, the study, called the 2008 Long-Term Disability Claims Review, found that the number of workers seeking long-term disability benefits is increasing significantly due to two major factors.

The CDA's four yearly review on long-term disability found that the Social Security Administration's Social Security Disability Insurance (SSDI) program saw a 5.9 percent increase in applications - the greatest amount ever recorded. A total of 2.3 million more SSDI applicants than last year. All in all, the SSA paid $91.3 billion in disability benefits to 7.4 million people in 2008. The number is more than double what the SSA paid out to the disabled in 1998 and 4.6 percent more than what they paid in 2008.

What is causing this surge in disability payments? The study revealed the back pain, joint pain, and muscle disorders were the most common cause of disability applications, with cancer and heart disease following behind. Some believe that the current economic crisis may have harmed the health of some, while others think that a significant factor in the increase is the aging population of baby boomers. In the end, the SSA as well as private insurers hope that there will be more time spend on education and prevention in order to curb these numbers.

Two Dead In I-70 Truck Crash In Clay County, Indiana

blog@www.2keller.com (news Author)10435 — Mon, 21 Sep 2009 08:00:00 EST

A high-speed truck crash involving a passenger car and a tractor-trailer left two young males dead at the Clay County and Putnam County Line on I-70 near Terre Haute, Indiana on September 2, 2009. Indiana State Police say that a a 1994 white Pontiac Grand Prix was speeding eastbound on Interstate 70 at a quarter past eight in the morning when the driver lost control of the vehicle, crossed the median, and slammed into the broadside of a big rig traveling east on I-70.

Indiana State Police said that the high speed of the car and the force of the impact split the car in half and ejected both the driver and the passenger. Because of the state of the bodies, the police cannot yet make a positive identification of the deceased without more information. Terre Haute Regional Hospital pathologist Dr. Roland Kohr will be performing autopsies on the young men.

Indianapolis truck driver 46-year-old Michael Fedak and the truck company he was representing were cleared of all wrongdoing after Indiana State Police inspected the truck and tested the driver. Fedak suffered back injuries during the fatal Indiana I-70 crash.

The violent crash is still being investigating by a number of different Indiana organizations, including The Putnam County Sheriff's Office, the Clay County Sheriff's office, the Indiana Department of Transportation, the Putnam County Coroner's Office, Jackson Township Police, several fire departments, and crash reconstructionists.

Man Killed In Livingston County Construction Accident Involving Concrete

blog@www.2keller.com (news Author)10429 — Sun, 20 Sep 2009 08:00:00 EST

A Howell Township, Michigan, construction site accident left one man dead last week. The Livingston County Sheriff Department reported that 61-year-old Richard Browand was killed a few minutes before eight in the morning between Grand River and Byron Road on M-59. The fatal MI construction site accident took place about 45 miles northwest of Detroit, Michigan on Wednesday, September 9, 2009, according to the Detroit Free Press.

The man, a truck driver working for Mack Transport Inc., was helping to unload concrete slabs from his truck at the construction site when a piece of concrete fell off of the truck and onto Browand, killing him. He was rushed by area emergency medical services (EMS) crews to St. Joseph Livingston Hospital where health professionals pronounced him dead at just after 8:30 am. The Livingston County Medical Examiner officially pronounced the construction worker dead.

The panel of concrete weighed 3,500 pounds, leaving the man with fatal blunt force trauma injuries. According to the Michigan Department of Transportation, the concrete slabs are being utilized by workers to build a sound barrier wall along the eastbound side of M-59. The primary contractor for the job is Walter Toebe Construction in Wixom, Michigan.

The Michigan Occupational Safety and Health Administration is still investigating the Livingston County construction site accident, as is the Sheriff Department.

Michigan Medical Malpractice: Should Doctors Say They're Sorry?

blog@www.2keller.com (news Author)10430 — Sun, 20 Sep 2009 08:00:00 EST

The University of Michigan Health System might be onto something in terms of medical malpractice reform that benefits everyone involved. Instead of denying medical mistakes and surgical errors because they fear a lawsuit, these doctors and health care professionals in Michigan are being up front when something goes wrong in the doctor's office, the lab, the hospital, or the operating room. By saying they are sorry as soon as a mistake is revealed - and offering upfront monetary compensation for their medical mistake - some believe emotional healing can begin and lengthy battles for damages can be replaced.

While doctors, medical malpractice lawyers, victims, victim's families, and lawmakers all have opinions on medical malpractice reform in Michigan and how to make receiving compensation for medical mistakes less harrowing, doctors saying that they are sorry may be the first step to finding the truth behind how often medical mistakes occur and how we can minimize them.

Of course, the legal repercussions of a doctor saying she is sorry may be more complicated - some states are passing laws that make an apology withheld from jurors during any medial malpractice court case that could follow. On the other hand, if doctors said that they were sorry more often, medical malpractice cases that did go to court may be looked at more closely.

The other issue that still remains is that many people never know that a preventable medical error or surgical mistake occurred. Not only do they not know if the doctor is sorry, they do not know that their medical complication, pain, and suffering could have been prevented.

Dog Attack In Marshall County Reveals Indiana Dog Bite Policies

blog@www.2keller.com (news Author)10383 — Wed, 16 Sep 2009 08:00:00 EST

How much do Indiana counties differ when it comes to how dog bites are handled? For Jennifer Smith and her son Bobby, the answer is, far too much. When 8-year-old Bobby Smith was attacked by a potentially aggressive dog last week, no one came to take the dog away even though Bobby was rushed to a nearby Indiana hospital for 19 stitches for the dog bite wounds on his chin, hip, and arms - wounds that could leave physical and emotional scarring.

In Marshall County, where the family lives in Argos, the local Humane Society is not responsible to pick up aggressive dogs - even if they have seriously wounded a child. The Marshall County Sheriff's Department also doesn't handle much in the way of dog bite cases - the dog can be quarantined (which is required by Indiana state dog bite law) either in a shelter or at the owner's home. No other county-level ordinances stand for the treatment of dangerous dogs.

The owners of the aggressive dog in this case are quarantining their dog at their home and plan to put the dog to sleep after the quarantine is over. At the time of the dog bite attack, the dog was not current on its rabies vaccine. Even still, the Humane Society is meant to shelter stray dogs, not aggressive ones. No one checks up on the aggressive dog during a home quarantine - and Jennifer Smith will have to decide whether to put Bobby through a series of painful rabies shots.

Indiana University Injured In Second Pedestrian Accident In Bloomington

allenw@2keller.com (blog Author)18266 — Sat, 12 Sep 2009 08:00:00 EST

In just one week, Indiana University in Bloomington has seen two serious IN pedestrian accidents. While one student was killed after being struck by a car on campus, another student was injured.

Indiana University Police said that 19-year-old Peter Duong of Terre Haute, Indiana, was killed while crossing a street, Fee Lane, on campus on Wednesday. Later this week, a 21-year-old student was crossing a busy three-lane street when she was thrown onto the hood of a car. The driver of the vehicle said that the sun was in his eyes at the time of the accident. The injured pedestrian suffered scrapes and contusions.

"Any time there's an incident involving a student," IU spokesperson Larry MacIntyre said about the fatal Indiana pedestrian accident, "the administration will conduct a thorough examination of all of the issues to determine if we need to put in place any additional safety measures."

Indiana Widower Receives $2.2 Million Medical Malpractice Settlement

allenw@2keller.com (blog Author)18267 — Sat, 12 Sep 2009 08:00:00 EST

A surgical mistake in Marion County, Indiana, left a 68-year-old woman dead in the wake of a liver transplant and heart bypass surgery. Now, the Indiana woman's widower has successfully sued for medical malpractice and won $2.2 Million in damages from Marion County jury.

During her heart surgery and heart value replacement, her Indiana doctor inadvertently left a surgical foam pad in her chest cavity. By the time the medical mistake was found a month after the botched surgery, it was deadly. After five painful weeks of suffering, the woman died from complications from her surgical error as her organs failed. The Indiana Medical Malpractice Act capped the damages at $1.25 million.

Those representing the doctor and the hospital responsible for the patients death did not argue that medical malpractice did not take place, but did try to decrease the value of the case by arguing that the patient's life expectancy was short given her history of medical issues and her age.

Albuquerque Personal Injury Lawyers Are Not All The Same

allenw@2keller.com (blog Author)17720 — Mon, 31 Aug 2009 08:00:00 EST

Albuquerque, New Mexico is home to more than half the entire state’s population and continues to be one of our country's fastest-growing cities. Unfortunately, with growth comes the opportunity for an increased number of Albuquerque accidents and injuries.

Albuquerque's large population and central location make it ideal for commuters and travelers. The city's more well-known interstates and highways include: Pan-American Freeway (I-25); Coronado Freeway (I-40); Coors Boulevard; and Paseo del Norte. Many of Albuquerque's accident injury cases originate from these highly crowded roadways. (I-10 is another heavily traveled roadway; however, it crosses through the city of Las Cruces, not Albuquerque.)

Albuquerque injury lawyers should:

Have familiarity with the Bernalillo County Metropolitan Court system
Only practice personal injury law
Be willing to visit you at the hospital or in your home, per your request
Offer a free consultation and work on a contingency fee basis, meaning they don't get paid unless you do

When you choose an Albuquerque injury lawyer, you must be selective. Resist the temptation of opening a phone book and select the first injury lawyer you see. Choose a law firm with credentials and advanced technologies that will be used to help advance your injury case. A personal injury firm with a history of success and experienced lawyers will make the insurance company take your case seriously.

Keller & Keller's Albuquerque Personal Injury Law Firm is located at:

505 Marquette NW
Ste. 1300
Albuquerque, N.M. 87102

A Difference Between Indianapolis Injury Lawyers And The Insurance Company

allenw@2keller.com (blog Author)17619 — Fri, 28 Aug 2009 08:00:00 EST

It's understandable if you tune out an Indianapolis injury lawyer who is on television talking about the underhanded practices of insurance companies. After all, Indianapolis injury lawyers have forever been seen on TV warning the public about injustices committed by insurance companies, and their message always sounds like an urgent warning:

"Don't sign away your rights!"
"Consult with a lawyer before talking to the insurance company!"
"The insurance company is not to be trusted!"
"Don't accept a small settlement!"

No matter how much truth is behind those words, it doesn't take long before the message grows stale.

And the insurance company? Everyone knows insurance companies advertise, too, but if you pay close attention, you'll notice they advertise in a very different way. Their advertisements range a full spectrum of emotion:

Geico's commericals are well-known for their use of humor -- "So easy a caveman can do it!"

Esurance is known for its use of a cartoon character mascot named Erin Esurance and her animated .

State Farm is famous for its warm jingle -- "Like A Good Neighbor, State Farm Is There."

Allstate is recognized for its feeling of authority and security -- "You're In Good Hands With Allstate."

So why does one side--the personal injury lawyers--sound so ominous, and the other side--the insurance companies--have such a diverse voice? Unfortunately, the personal injury lawyer is only speaking to people who need him/her during a time of personal hardship. The insurance company has the luxury of speaking to a MUCH larger audience that needs them because state laws require EVERY driver to carry minimum coverage on their vehicle, and it doesn't matter if you ever have, or had, an accident.

Despite these facts, the lawyer's and the insurance company's commercials are reaching the same massive viewing audience at the same time, and it's likely that many of the people seeing the law firm advertisement are not injured and do not need a personal injury lawyer. They'll simply cast us away with skepticism and a roll of the eyes. This is an unfortunate by-product attorneys face as we try to reach the much smaller population that IS injured and in need of our help.

Indiana injury lawyers are extremely limited in terms of how they advertise, and what they depict in their advertisements. Since this is the case, advertisements serve as one more example of how misconceptions and myths about lawyers often arise.

In response to the many misconceptions that exist about personal injury lawyers, we have put together a list of the largest myths regarding lawyers that you have likely heard, or maybe even believe yourself.

Lafayette Injury Lawyers Can Recover 3 Things

allenw@2keller.com (blog Author)17624 — Fri, 28 Aug 2009 08:00:00 EST

Lafayette, Indiana is best known for being home to Purdue University, however, it also has the distinction of being home to Hwy 52 and I-65, heavily traveled roadways that connect Lafayette to Joliet and Indianapolis to Chicago. Unfortunately, Lafayette injury attorneys have much experience in working serious accidents that occur on both roads.

Many will people often ask us what they are entitled to if they pursue an accident claim that involved injury. If you have been injured in a Lafayette accident, you are entitled to the following:

1. Payment of your hospital/medical bills

2. Reimbursement of any lost wages

3. Payment for Pain and Suffering

However, the insurance company will not make the experience of trying to recover pleasant or fair. And it’s this reason that many people call an accident lawyer. If you do decide to call a lawyer, make sure they only handle personal injury. With over 70 years of experience handling personal injury claims, it’s the only type of law Keller & Keller practices, and we only work on behalf of our clients.

Lafayette injury lawyers should also have a working knowledge of the Tippecanoe County Court system. Our lawyers have handled several Lafayette accident claims and are familiar with the courts and appropriate filings that will ensure your case is handled expeditiously and effectively.

Even if you don’t wish to retain an attorney for your Lafayette accident claim, at least consult with an injury lawyer before taking actions that may damage your potential recovery. (Attorneys from our South Bend or Indianapolis office will be happy to meet with you if you desire.)

Supreme Court In Michigan Examines Injured Motorists Right To Sue For Pain And Suffering

allenw@2keller.com (blog Author)17364 — Mon, 24 Aug 2009 08:00:00 EST

Will the Michigan Supreme Court overturn the Kreiner case? This is the question injury victims want answered when the Michigan Supreme Court hears the case of Rodney McCormick v Larry Carrier.

Mr. McCormick suffered from a serious ankle fracture that required him to undergo two painful surgeries. After one year his doctor allowed him to go back to work. Despite his employer placing him into a different job, he was denied compensation because the legal standard established in 2004 by the conservative Supreme Court in Kreiner restricts auto accident victims rights.

The conservative Court in Kreiner added its own language to No-Fault Law by establishing its own threshold that a victim has no right to compensation unless “the course or trajectory of the plaintiff's normal life has been affected.

Insurance companies routinely use this ruling to deny accident victims right to compensation by holding that a victim cannot prove their entire life has been adversely affected by taking the words “course” or “trajectory” to mean for remainder of their life.

Was this really what the legislature intended? Even conservative minded court advocates who rail against “judge made law” should be able to agree that if the legislature intended the threshold to mean that a person must suffer for the remainder of their life, they could have stated so.

Did you see your auto insurance premium go down in 2004? The McCormick case will be heard by the Court between October, 2009, and May, 2010.

Social Security Ordered To Pay More Than $500 Million

allenw@2keller.com (blog Author)17190 — Thu, 20 Aug 2009 08:00:00 EST

Nearly $500 million in social security benefits will be paid to 80,000-plus recipients who were unfairly denied because of a glitch in a federal computer program that was designed to catch criminals.

Federal Judge Claudia Wilken approved a tentative settlement requiring that the Administration pay recipients who were wrongly "flagged" as criminals, and who have been denied benefits since Jan 1, 2007. (A 1996 law prohibited criminals with warrants from receiving federal benefits. Once this law went into effect, the federal database was designed to "flag" criminals who were collecting benefits.) More than 120,000 people who applied are eligible to reapply for benefits.

The tentative agreement was reached after the Social Security Administration was challenged by a class-action lawsuit, Martinez v. Astrue. The lawsuit stated that Rosa Martinez, 52, of Redwood City, California, was denied $870 of her monthly disability benefits because the system believed that she had an outstanding drug warrant. After the allegation was investigated, it was determined that there was indeed a warrant for a Rosa Martinez, but not the Rosa Martinez of California. The Rosa Martinez with the drug warrant resided in Miami, Florida. Ms. Martinez or California knew that she was innocent, and tried to prove such innocence, but failed.

Over the past several years, numerous district court judges across the country have ruled in favor of the victims in their individual cases. The determined that stopping coverage based on the database searches was unlawful. In 2005, a federal appeals court in New York ruled the database search illegal. The Social Security Administration stopped this practice in New York, Connecticut and Vermont. As of April 1st, the warrant checking process will no longer be allowed.

A spokesman for the Social Security Administration declined a comment until the settlement is finalized later this year. The Social Security Administration pays benefits to more than 356,000 local households.

MercyMe Tour Bus Crashes In Fort Wayne, Indiana, Killing Two

blog@www.2keller.com (news Author)9961 — Wed, 12 Aug 2009 08:00:00 EST

In the middle of a summer tour, the Christian rock band MeryMe was involved in a deadly Indiana car accident and bus accident at an intersection in Fort Wayne, Indiana on Saturday. The band will cancel its sold out concert at Six Flags on Saturday night, according to the band's website, where a picture of the damaged tour bus is also posted.

Fort Wayne Police Officer Liza Thomas, who had interviewed witnesses at the scene of the deadly Indiana bus crash, said that the bus was traveling through a green light at an intersection in northeastern Indiana when a car turned left in front of the vehicle. The IN accident occurred at about a quarter after one in the morning on Saturday, following the band's concert at Parkview Field.

While no one in the tour bus was injured, the car involved in the crash was badly damaged. Two passengers in the car were killed, and the unborn baby of the driver was also killed. The driver of the car remains in critical condition. The 18-year-old pregnant driver of the car was in her third trimester - 35 weeks -- at the time of the Fort Wayne bus accident, said representatives from Parkview Hospital.

Those who died in the Fort Wayne car accident included 19-year-old Dario Boutte and Barbara Schmucker, 17, who were both passengers in a black Chevrolet Cavalier, as well as driver 18-year-old Kara Klinker, according to the Fort Wayne Police Department and the Allen County Coroner's office. Boutte and Schmucker's cause of death was blunt force trauma.

New Mexico Prison Health Care Provider In Court For Medical Malpractice

blog@www.2keller.com (news Author)9943 — Tue, 11 Aug 2009 08:00:00 EST

According to the New Mexico Independent and the Albuquerque Journal, a New Mexico inmate has filed a medical malpractice lawsuit against a former corrections department contractor.

This New Mexico medical malpractice lawsuit has been filed by 52-year-old Martin Valenzuela, who says that during his 8-year stint at the Los Lunas prison in Santa Fe, he suffered from inadequate medical care during a health emergency.

Valenzuela suffered from a urinary tract infection in 2006 that led to complications, surgery, and follow-up medical needs. He says that the department contractor, the prison, Corrections Secretary Joe Williams, and involved medical professionals were to blame for poor medical care, lack of medical attention, lack of follow-up medical care, and the loss of his medical records.

Wexford Health Sources Inc. has been accused of providing poor medical care to New Mexico inmates in the past. In fact, another lawsuit filed by New Mexico and Los Lunas prison inmate Michael Crespin filed a medical malpractice lawsuit last year over his mistreatment and lack of treatment after his colon cancer diagnosis. However, Crespin died before he could videotape a deposition and the New Mexico malpractice suit has been mired down by technicalities.

A bevy of other medical malpractice lawsuits have been filed against Wexford and other New Mexico Correctional Medical Services employees. Four women have alleged that they were raped while under care, while the family of an inmate who died while under their care has filed a New Mexico wrongful death lawsuit. State and federal audits have revealed that Wexford has multiple issues when it comes to delivering proper care to inmates.

Family Files Wrongful Death Lawsuit Against Michigan U After Fatal Construction Accident

blog@www.2keller.com (news Author)9935 — Mon, 10 Aug 2009 08:00:00 EST

According to the Michigan Daily, the family of a construction worker killed on the job has filed a wrongful death suit against the University of Michigan, his employer, and the construction site's lighting company for neglecting to provide their workers with proper safety measures.

Last August, 31-year-old David Smith was working on an elevator at the Ross School of Business construction site when he fell down an elevator shaft five stories while on the job. He died of his construction site accident injuries. Smith's death was the third fatal construction site accident on the campus in the last two years.

Mary Lee Smith, David Smith's mother, is seeking over $25,000 in damages from the University of Michigan, Schindler Elevator Corporation, general contractor Barton-Malow Company and Shaw Electric Company - all of which she believes contributed to her son's death.

In the Michigan construction site accident lawsuit, Smith argues that the university is responsible to keep their property safe, and that they did not follow through with their duty to keep the business building safe. The construction site accident lawsuit also states that the elevator shaft and surrounding area was not properly lit for construction workers to safety do their jobs.

Michigan University officials argue that they were not in charge of the building during construction and that Smith was more than 50 percent responsible for the construction accident. The Michigan Occupational Safety and Health Administration (MOSHA) investigated the accident and fined Schindler Elevator Company for three different safety violations, including failing to make workers aware of their accident prevention program, adequately inspecting the construction site for safety hazards, and enforcing hardhat use.

Social Security Disability Insurance Filings Increase During Economic Crisis

blog@www.2keller.com (news Author)9930 — Sun, 09 Aug 2009 08:00:00 EST

The Associated Press reports from Washington that Social Security disability claims are expected to continue their current surge - not only because of the struggling economy but because the aging generation of baby boomers will need increasing support for their growing medical problems.

Just last year, the Social Security Administration estimated that 3 million new Social Security Disability Insurance benefits claims would pour in during 2009, but already they have increased their estimate to 3.3 million.

This increase in disability claims and payments won't just put a financial strain on the government agency - it is expected to worsen the current backlog of disability claim applications and disability application appeals. Right now a number of states are reporting backlogs of hundreds and even thousands of disability cases - and processing times that can stretch beyond three years. In some cases, those with disabilities are dying before they receive SSA disability support.

Currently 736,000 people are waiting in limbo about their social security disability claim - many of whom cannot work, have expensive medical needs, who and do not have a steady income. This number is up from 556,000 disabled people waiting for social security benefits eight months ago - a 30 percent change.

The problem is being exacerbated by the fact that many states are furloughing employees to deal with recent budget cuts, causing the lag in disability application processing and the general backlog in paperwork. Michigan is among the many states that have furloughed employees even in this time of need for case reviewers.

Man Dies In Indiana Construction Site Fall â€“ Company Fined For Safety Violations

blog@www.2keller.com (news Author)9927 — Sat, 08 Aug 2009 08:00:00 EST

In Gary, Indiana, a construction worker's fatal fall has led to the discovery of a number of construction site safety violations and two hefty fines for industry behemoth the US Steel Corporation.

On June 6, 54-year-old Alexander Santoyo, of Valparaiso, Indiana, was killed when he fell off of an overhead crane at Gary Works. According to the Lake County Coroner's Office, the man died of blunt force trauma at the scene of the construction accident at approximately 4:35 in the afternoon.

Following the Indiana construction worker death, the Indiana Occupational Safety and Health Administration (IOSHA) investigated the fatal industrial accident on several occasions in search of the cause of the on-the-job accident as well as any US Steel Copr safety violations. First, the IOSHA discovered that fall protection was not being used by workers who were working on overhead cranes - even at deadly heights of 80 to 90 feet. Secondly serious ladder violations were found, in which ladders had rungs less than seven inches from the back of the crane frame, making it difficult for workers to support their weight while climbing.

These two serious safety violations led to two hefty fines totaling $10,000. Both safety violations were considered serious enough to case serious worker injuries or even worker death. A spokesperson from US Steel Corp told the media that they would pay the fines without objection and correct the safety issues discovered during the investigation.

Cayuga, Indiana, Woman Dies In Fall Out Of Truck Bed

allenw@2keller.com (blog Author)16500 — Thu, 06 Aug 2009 08:00:00 EST

In Vermillion County, a Cayuga woman fell out of a truck bed at an Indiana gas station. Her fall resulted in fatal head injuries.

Victoria Hathaway, 21, was riding on the tailgate of a truck at two in the morning in a filling station parking lot at the intersection of Indiana 234 and Indiana 63. When the 17-year-old driver of the truck, who was not identified, picked up speed, Hathaway fell off of the truck and hit her head on the pavement.

Sheriff's Deputy Chad Hennis, Cayuga reserve officer Roger Lewis, Cayuga Fire and Rescue, and Vermillion County EMS responded to the accident. Hathaway was brought by ambulance to Union Hospital and then airlifted to Methodist Hospital, where she passed away from her fall injuries. Vermillion County Sheriff's Department is investigating the Cayuga pickup truck accident.

Michigan Pit Bulls Escape Home, Kill Dog, Bite Woman

allenw@2keller.com (blog Author)16445 — Wed, 05 Aug 2009 08:00:00 EST

According to the Chicago Tribune, A Michigan man did not sufficiently pen his American pit bull terriers, which escaped from his home, killed a neighbor's dog, and bit a woman. The pit bull dog bite took place on Tuesday, July 21, in Allendale Township, MI, just outside of Grand Rapids

The 24-year-old owner of the two pit bulls, Craig Lick, tried to keep his aggressive dogs from escaping, but the two animals pushed out an air condition unit and killed a dachshund named Peanut who lived near by. The dangerous dogs also bit the dachshund's owner, an 18-year-old woman. The dogs escaped despite a new chain link fence and electronic dog fence.

The dogs, two five-year-old pit bulls named Riddick and Diesel, are now quarantined at an Ottawa County animal control center.

Text Messaging Is A Leading Dangerous Driving Distraction

allenw@2keller.com (blog Author)16374 — Tue, 04 Aug 2009 08:00:00 EST

You know that drinking and driving is dangerous. Nothing about that fact has changed, but a new study conducted by the Virginia Tech Transportation Institute has identified a driving distraction that is equally dangerous: texting and driving.

How dangerous is it? One of the study's lead researchers stated that "texting is in its own universe of risk." A quick view of google's results for: 'text messaging accident' leads to an endless list of alarming stories that reinforce the researchers' claim.

To ensure that the study returned precise results, researchers installed cameras inside the cabs of trucks to monitor the texting habits of drivers. The study spanned 18 months and the results were exactly what was expected: disastrous. Researchers found that when a driver texted, the risk of being involved in a crash was 23 times greater than if they didn’t text.

Another frightening fact revealed in the study involved the amount of time drivers looked away from the road to send or receive a text. It was discovered that immediately preceding a collision, a driver would spend nearly five seconds looking at their phone. And though it may not sound like a long time, it's more than enough time for your vehicle to cover the distance of a football field while driving highway speeds!

Unless people refrain from texting while driving, or all states strictly enforce laws against texting while driving, the problem is sure to turn into a deadly epidemic. In December of 2008, phone users in the U.S. sent 110 billion text messages. This is ten times the number of texts that were sent three years prior.

FDA Recommends Banning Vicodin and Percocet Painkillers

blog@www.2keller.com (news Author)9636 — Wed, 29 Jul 2009 08:00:00 EST

Could prescription painkillers be killers? According to a recent vote by a US Food & Drug Administration (FDA) panel, many government safety officials agree that powerful drugs that combine the common painkiller acetaminophen with narcotic drugs too often lead to liver failure and other related health problems. The FDA panel voted 20-17 that powerful painkillers like Vicodin and Percocet should be taken off the market in the interest of public health.

Acetaminophen, the active ingredient in medicines like Tylenol and Excedrin, is one of the most widely used drugs in America - for both over the counter and prescription uses. But it is also the most common reason for liver failure across the country.

While some FDA panelists pointing to the large number of accident overdose deaths involving Vicodin and Percocet, others noted how many people used the drugs successfully to control chronic, severe pain for health issues like arthritis, back pain, and fibromyalgia. Although the FDA is not required to follow through with the vote of the panel, the government organization usually does do as the officials recommend.

Some of the drugs under discussion have been on the market for half a century - and many take Tylonol-based medications because they are easier on the stomach than other types of painkillers. The panel also voted to lower the maximum daily dose of this family of drugs.

Finally, the panel recommended not to take a handful of cough syrups, such as Procter & Gamble's NyQuil or Novartis' Theraflu, both of which contain acetaminophen and both of which are involved in about ten percent of acetaminophen overdose deaths each year.

Questions To Ask A Fort Wayne Injury Lawyer

allenw@2keller.com (blog Author)15767 — Fri, 24 Jul 2009 08:00:00 EST

Fort Wayne is the second largest city in Indiana and the 73rd largest in the nation. With a population over 250,000, two major interstates (I-69 and I-469), and several highways and state roads, Fort Wayne, Indiana also has the unfortunate distinction of being home to serious traffic accidents.

If you have been in one of these accidents and are searching for a Fort Wayne injury lawyer, you need to be sure to ask the following questions:

1. Does the law firm only practice personal injury law?
2. Is the law firm AV-rated by Martindale Hubbell?
3. Are they a member of the Million Dollar Advocate Forum?
4. Has the firm been nominated “Indiana Super Lawyers” by Law and Politics
5. Does the history of the law firm prove that they are different?

The answer to all of these questions should be “yes.”

Keller & Keller offers clients searching for a Fort Wayne injury lawyer each of the distinct advantages listed above. And each one of these advantages will prove invaluable when dealing with a big insurance company that is attempting to settle your claim for the smallest amount possible.

With our main office located in Indianapolis, it’s important to note that Keller & Keller’s advanced database software will be able to handle every aspect of your Fort Wayne injury claim without requiring you to ever visit us in person.

Family of Five Dies In Fiery 1-65 Truck Crash In NW Indiana

blog@www.2keller.com (news Author)9560 — Thu, 23 Jul 2009 08:00:00 EST

A family vacation to Florida to visit relatives and Disney World came to a tragic end on June 26 when two 18-wheeler trucks crushed a young family's pickup truck. According to Indiana State Police, the Workman family was driving southbound on I-65 in Crown Point, IN, at the time of deadly, fiery truck accident.

All five family members hailing from Hobart, Indiana, were killed in the fatal Indiana truck accident, including 33-year-old Brian Workman, 31-year-old Joanna Workman, 13-year-old Ashley Workman, 8-year-old Tyler Workman, and one-year-old Ryan Workman. Friends and neighbors of the family described them as a kind, picture-perfect family that was involved in the community.

The car accident and car fire occurred when a big rig slowed for traffic near the intersection of U.S. 231 - police were chasing a car that had refused to stop and were pursuing a suspect on foot. The Workman's car could not stop in time and rear-ended the truck. The tractor-trailer behind the Workman's car also could not stop in time and sandwiched the pickup between the two much larger vehicles. The car was crushed and then caught on fire with all five passengers trapped inside.

A Lake County coroner's spokesman told Times reporters that the family died of blunt force trauma and also suffered severe burns. Both trucks were carrying double trailers at the time of the truck accident. Neither truck driver was seriously injured in the car accident although one truck did catch fire during the collision.

Bloomington Injury Lawyers Need 3 things

allenw@2keller.com (blog Author)15739 — Thu, 23 Jul 2009 08:00:00 EST

A Bloomington injury lawyer should possess three things:

Knowledge of the Monroe County Court system
A deep understanding of the culture that exists in Bloomington due in large part to a younger collegiate demographic and the home of Indiana University (IU).
And, above all else, expert credentials in personal injury law

Keller & Keller’s Indiana injury law firm has protected the rights of Bloomington accident victims since 1999. Founded in 1936, we are a nationally recognized, top-rated personal injury law firm with offices in St. Joseph, Michigan; South Bend, Indiana; Indianapolis, Indiana; Terre Haute, Indiana; and Albuquerque, New Mexico.

Keller & Keller represents accident victims throughout the state of Indiana; however, we have experience and knowledge that is specific to Bloomington, because we have worked closely with the Monroe County Court system and Monroe County Sheriff’s Department on many of our past Bloomington injury cases. Additionally, three of the attorneys in our Indianapolis received their law degree from IU.

Our experience with Bloomington injury cases has taught us that there is a sharp rise in accidents and drunken driving incidents at the beginning of each new collegiate semester. If you are a resident of Bloomington, or are living there as a student, it’s important that you remain hyper-aware while on the roadways.

Our offices can be reached 24 hours a day by telephone or email. If you need to consult with (or are considering hiring) a Bloomington injury attorney, talk to Keller & Keller, a leader in personal injury litigation.

Indianapolis Man Wins Medical Malpractice Suit For Unnecessary Foot Surgery

blog@www.2keller.com (news Author)9493 — Mon, 20 Jul 2009 08:00:00 EST

A Marion County jury has awarded $1.21 million dollars to an Indianapolis man after a failed foot surgery ended in an Indiana medical malpractice suit. On June 24, 61-year-old David Lee of Indianapolis was compensated for his chronic foot pain that was the result of an unnecessary foot surgery that took place 13 years ago.

According to his Indiana medical malpractice lawyer, Lee was diagnosed with two foot-related medical conditions: a downward angled foot bone and an inflamed nerve. The medical board found that the first diagnosis was incorrect and that the surgery that followed was an unnecessary surgery. The medical board also ruled that the second diagnosis was correct and that the surgery was successful.

Due to Indiana's special medical malpractice caps, however, Lee will receive $750,000 of his original award. The Indiana Patient's Compensation Fund will pay for $650,000 of the damages, while Lee's doctor will pay for the remaining $100,000.

Why did Lee's medical malpractice case take 13 years? Part of the reason is because of Indiana's special medical malpractice laws, which involve taking your surgical error case in front of a three-person medical board for approval before you file a lawsuit - and medical board approval can take months or even years. When the medical malpractice case passes the board, it can then take years to finish a case in court and the doctors, hospitals, and healthcare providers involved could refuse to settle because the medical malpractice caps prevent them from taking too much damage if they lose a case.

Lee's doctor, Mark Schlichter, had never before been sued for medical malpractice in his 34 years as a podiatrist.

7 Social Security Disability Application Mistakes

allenw@2keller.com (blog Author)15375 — Wed, 15 Jul 2009 08:00:00 EST

1. Not having a "disability"

"Disability" is strictly defined by the Social Security Adminsitration, and many people are surprised when they learn that their condition doesn't meet the administration's criteria. So what constitutes a disability?

To qualify for social security disability benefits, you must be unable to perform any substantial work and have a medical condition that has lasted (or is expected to last) at least a year, or results in death.

(A lot of people believe they can collect disability benefits if they are not able to do their regular job as opposed to any job. This is untrue. Social Security doesn't only take into consideration the type of work you have previously been doing, but anything that they believe will suit you and your present condition.)

2. Waiting too long

If you wait too long to start the process, you are doing yourself a complete disservice. Even if you are approved, there is approximately a five-month waiting period before your disability checks will start to arrive. Any delay also means that you are putting off much needed Medicare coverage, which won't start until 24 months after being approved for disability.

Waiting too long, or worse, giving up can result in smaller benefits as a retiree because Social Security factors in your total number of working years.

3. Not having finances in order

The disability process is a mental and financial marathon. It's critical that you use financial-planning basics to tread water until you are receiving disability awards and Medicare coverage for your medical needs.

(Social Security has recently started to fast-track people who have medical conditions that qualify for a compassionate allowance. The allowance is reserved for people with one or more of 50 different disabling conditions, including 25 types of cancer.)

4. Poor preparation

Organization of your application is critical. To make Social Security take notice of your application do the following: gather your medical records; make a list of the doctors you've seen; have documents from your physician's that support your claims; and a list of the medications you're taking or have taken.

In other words, submit a comprehensive package that is exceptional.

5. Giving up

You must be persistent. Don't be discouraged if you get rejected--almost everyone is rejected the first time. It's very possible that you have to appeal your case and possibly go before a judge before receiving disability benefits.

There is some good news: Close to two-thirds of cases that go through one or two appeals will eventually receive benefits.

And...

There is some bad news: Currently, a backlog of 750,000 cases are awaiting decisions at the hearing level. Becuase there is a shortage of judges to hear these cases, it can take up to two years to make headway.

The key is not to give up. Many people will wonder how long it takes to receive disability benefits. However, if you receive a denial, and have 60 days to appeal, appeal on the day you receive your denial. Waiting only puts you behind another million folks waiting for a hearing.

6. Not reaching out for help

If you're frustrated and having trouble with the process, contact an experienced social security disability lawyer or a nonprofit advocacy group.

It's no secret, the Social Security Adminsitration speaks a secret language, and good social security attorney will understand their lingo.

7. Not changing inaccurate information

Compare your annual Social Security earnings statements against W-2 tax forms for accuracy. And it's not just the math you need to worry about; check personal data, too, especially after a divorce or name change. If you find that an error exists, call the Social Security Administration at 800-772-1213.

LaPorte County Pedestrian Killed By Two Hit-And-Run Accidents

blog@www.2keller.com (news Author)9424 — Tue, 14 Jul 2009 08:00:00 EST

Two different cars struck the same pedestrian and then left the scene of the accident on Highway 2o in LaPorte County last Saturday, according to the Michigan City Police Department. A 25-year-old Chicago man, Christopher M. Chiles, was walking near the eastbound passing lane of the road a few minutes after three in the morning when a car hit the pedestrian and then continued driving.

The first car that hit Chiles was driven by 45-year-old Daniele L. Waters, who 20 minutes later called the police to report that her car had been stolen from her. After further interview, Waters admitted that she had not been carjacked and that she had been driving the vehicle at the time it struck the pedestrian. Her blood alcohol level was just under the legal limit.

After the first car accident, Chiles was lying on the centerline between lanes when a passing vehicle stopped to save the injured pedestrian. He parked on the side of the road, directed his headlights on the body, and went to seek further help. However, a pickup truck sped around the witness' vehicle and ran over Chiles again before speeding into the distance. The witness told the LaPorte County Sheriff's Police that the man was still breathing after the first car hit.

Waters has been charged in relation to the hit and run accident, but investigators are still searching for the driver of the pickup truck. Chiles was pronounced dead at St. Anthony Memorial Health Center in Michigan City.

Anyone with information about the hit-and-runs, especially about the driver of the Silverado, is asked to call Detective Mark Lachmund at the LaPorte County Sheriff's Office, at 326-7700, Ext. 2401.

Southern Illinois Boy Killed In Johnston City Dog Attack

blog@www.2keller.com (news Author)9363 — Wed, 08 Jul 2009 08:00:00 EST

Many people think that most deadly dog attacks involve strays or strange dogs - but often times dog bite victims are attacked by their own pets. This was the case in Johnston City in Williamson County, Illinois, where a three-year-old boy was mauled to death by three family pets in his own back yard in June.

According to Southern Illinois police officials, the toddler, Gabrial Reese Mandrell, pushed the screen out of his bedroom window and entered his backyard, where two pit bull mixes and a collie mix were kept. At around eight in the evening, family members found Mandrell wounded in the back yard and called an ambulance. He died at Heartland Regional Medical Center from his dog bite wounds.

Mandrell was about 200 feet away from his home during the Illinois dog attack.

Williamson County Coroner Mike "Junior" Burke reported that although the boy was bitten multiple times, one particular dog bite to a major artery caused the boy to bleed to death. His cause of death has been categorized as accidental.

The family's three dogs were taken to the Williamson County Animal Control Center and will be held during the investigation. No one is sure which dogs - or how many dogs - were involved in the fatal dog attack.

In addition to a police investigation into the child dog mauling, the Illinois Department of Children and Family Services is also investigating the case. It is not the first time that household has been involved with family services.

4th of July Accident at Lake Santee Seriously Injures Two

blog@www.2keller.com (news Author)9348 — Tue, 07 Jul 2009 08:00:00 EST

July 4th 2009, Decatur County-- 38-year-old Denise Stevens and 21-year-old Tyler Houk were seriously injured after being struck by an unmanned fire truck at Lake Santee during a 4th of July celebration. (Lake Santee is located near Greensburg, Indiana.)

According to witness accounts, Denise Stevens was attempting to provide aid to Mr. Houk after he had slipped off the tailgate of a pick-up truck. Mr. Houk struck his head on the pavement and was knocked unconscious. Mrs. Stevens is a certified CNA and was adminstering aid to Mr. Houk while emergency services were contacted.

The first to arrive on the scene was the Clarksburg Volunteer Fire Department. As fire rescue personnel approached the scene, it was quickly determined that Mr. Houk needed additional medical equipment to stabilize his condition. While retrieving the equipment from the truck, the truck accelerated for unknown reasons and ran over Mrs. Stevens and Mr. Houk.

Witnesses further confirmed that as they stood around Mr. Houk and Mrs. Stevens they heard a revving of the engine followed by the unfortunate collision with the two pedestrians. Mrs. Stevens' husband, Robert Stevens was one of the witnesses standing near his wife when the fire truck engaged.

"There was a loud couple of revs and I turned just in time to see the truck. I didn't have time to do anything but jump out of the way," reported Mr. Stevens.

Mrs. Stevens and Mr. Houk were both left with serious injury. Mr. Houk had suffered a skull fracture from his initial fall. After being struck by the fire truck, he suffered a serious break to his leg as well as lacerations that required grafting. Mrs. Stevens was dragged approximately 143 feet after becoming tangled in the axel and steering rod. (Ultimately the fire truck came to rest after striking a car driven by Joann Delay of Greensburg.) Mrs. Stevens suffered mutiple fractures to her hip, leg and ankle, as well as a lacerated gall bladder.

Additional rescue personnel were summoned to the scene to help free Denise from beneath the fire truck. She was entangled in the truck for approximately 90 minutes.

At this point it is unlcear if the fire truck was chocked. Chocking is a procedure whereby a block/wedge device is placed in front of the tires of a fire truck so that it cannot roll forward once it is exited.

Investigators are still trying to determine what, if any, mechanical failure may have caused the fire truck to break away unmanned.

Tyler Houk was listed in serious condition at Methodist Hospital. Denise Stevens was also taken to Methodist Hospital and was last reported to be in ICU.

Any additional witness accounts should be reported to Keller & Keller's Indiana Accident News Site.

C.B. Fleet Says Bowel Cleansers Safe â€“ May Try To Sell Product Again

allenw@2keller.com (blog Author)14940 — Tue, 07 Jul 2009 08:00:00 EST

Just months after C.B. Fleet issued a voluntary recall of Fleet Phospho-soda and the Fleet Phospho-soda EZ-Prep Bowel Cleansing System , the company is now saying that the drug is safe when used as directed. The company now has collected thousands of cases of the previously recalled product and is thinking of putting them back on the market. Even if the product does go back on the market, the FDA has required that the drug included a boxed warning about the health dangers associated with the drug.

The Food & Drug Administration (FDA) issued a blanket safety warning about oral sodium-phosphates bowel cleansing solutions last year after a number of patients suffered from permanent and sometimes deadly liver problems after using the products.

Keller & Keller is now representing clients in injury cases involving acute kidney injury related to oral sodium phosphate products.

July 1: No Cell Phone Laws Go Into Effect For Indiana Teens

allenw@2keller.com (blog Author)14875 — Mon, 06 Jul 2009 08:00:00 EST

A new bill passed by Indiana lawmakers will make it illegal for teens under the age of 18 to text, talk on the phone, or snap cell pics while driving. The law, which goes into effect on Wednesday, July 1, will hopefully cut down on teen driver distractions and reduce the number of Indiana teen car accidents, teen accident injuries, an teen accident fatalities. Teen caught using a cell phone while driving could face up to $500 in fines.

Some worry that the law will be difficult to enforce - police officers will have to both catch the teen texting or talking and confirm the teen's age before issuing a citation. Others cite recent studies that show texting and cell phone use is extremely dangerous for drivers, especially teens who are new to the roads.

In the last few years, a number of states have banned talking on the cell phone and texting with mobile devices while driver - both for teens and for all drivers.

Don't Let A Car Accident And Serious Injury Ruin Your 4th of July

allenw@2keller.com (blog Author)14739 — Thu, 02 Jul 2009 08:00:00 EST

It's no secret, Americans love the holidays, and this weekend we'll be celebrating the 4th of July. What does this mean for those of us traveling? Crowded roadways and the possibility of a 4th of July car accident, right? Not as likely this year, at least according to numbers.

The folks at AAA have predicted that traffic will be lighter than usual. Why?

The combination of a weak economy and higher gas prices over the recent weeks have put a crimp in holiday travel plans. And for those of you who like numbers:

Last year 38 million people traveled at least 50 miles away from home. This represents a 10% decrease from '07.
This year you can expect 27 million people to be traveling by car or plane. People traveling by car will drop by 3%. However, car rental are up by 5% this year.
The number of people taking to the airways will account for 5% of 4th of July travel. Folks taking planes represent a 4.9% increase from last year.
AAA says airfare is down about 16% this year. On average, passengers will pay about $169 a ticket. Car rentals are up about 5% this year.
When it's all said and done, and we combine air travel, with car travel, etc., there will be approximately 2% less people traveling this year for the 4th of July.

Despite the numbers, the potential for a serious car accident and injury are always present. Leave your home early; take your time; get to your destination safely; and enjoy the fireworks!

How Long Do I have To Wait For A Decision About Social Security Disability Benefits?

allenw@2keller.com (blog Author)14597 — Wed, 01 Jul 2009 08:00:00 EST

What exactly is the Social Security Administration's biggest problem? Depends which side you ask.

If you ask someone who works for the troubled agency, they will tell you the toughest part of their job is trying to separate disabled workers from non-disabled workers. Ask someone who has filed disability paperwork and they will tell you it's the amount of time it takes to get social security disability benefits.

Both sides have valid arguments; however, one thing is certain, the social security disability administration faces a herculean task when you consider a little over 2 million workers filed for disability in 2006, and the number continues to rise each year.

Social Security officials insist that the number of applications aren't the problem, it's the task of weeding out who is physically and/or mentally disabled and who isn't. Of the 2 million-plus people who filed for disability in 2006, approximately 550,000 were determined to be unfit to work. The same number of applicants were initially denied because it was determined that they were not medically disabled. And a large number of other applicants were denied social security disability for nonmedical reasons. The remaining 300,000-plus? They didn't receive an immediate ruling on their application.

While it sounds like tough odds, there is hope: A little more than half of applicants applying for social secuirty disability ultimately received their benefits.

The majority of applicants with legitimate disabilities are often forced to file an appeal. After the applicant has filed the appeal, the odds of receiving benefits increase dramatically. In fact, the numbers say that a little more than half of applicants ultimately receive benefits. But keep in mind, most of the applicants who eventually receive their disability benefits may wait years before receiving a favorable ruling.

Is there anything that can increase your odds? Absolutely. Hiring a qualified social security disability attorney.

Motorcycle Accidents Plague Indiana In June, Leaving Multiple Riders Dead

blog@www.2keller.com (news Author)9226 — Mon, 29 Jun 2009 08:00:00 EST

This June has been a deadly one for motorcycle riders in Indiana. In Fort Wayne, three riders were speeding eastbound down Maumee Street when all three bikers failed to negotiate a curve and hit a curb. Thee bikers and their three passengers were all ejected from the bikes, leaving two dead and three in serious condition. The Fort Wayne Allen County F.A.C.T. Team is investigating the deadly motorcycle accident, in which none of the riders were wearing seatbelts.

In Elkhart County, two motorcycle riders collided with each other on Saturday night within yards of the US 6 and Country Road intersection. Both motorcycle victims were injured and taken to two different hospitals.

In West Wheatfield Township, four different vehicles were involved in a crash on State Route 22 on Tuesday. Indiana State Police reported that Diane Clawson fell asleep at the wheel, hitting three other vehicles when she crossed into a different lane.

Finally, in South Bend early on Saturday morning, a motorcycle rider was killed after striking a deer on Indiana Toll Road in LaPorte County. Indiana State Police reported that 51-year-old Paul R. Stumar was riding his 1985 Harley Davidson westbound when the three deer ran in front of his vehicle. Another man on a different motorcycle riding with Stumar, Steven Reimondo, was also injured in the animal crossing. The road's westbound lanes were closed for two hours following the motorcycle accident. Stumar was not wearing a helmet at the time of the accident.

Marion County Woman Wins $5 Million In Wrong Diagnosis Medical Malpractice Case

blog@www.2keller.com (news Author)9193 — Sun, 28 Jun 2009 08:00:00 EST

In many cases, it's not what a doctor does that leads to medical mistakes - it's what they don't do that can lead to lifelong disabilities. In July of 2000, an 18-year-old Roxxana Smith arrived in the emergency room at Methodist Hospital in Marion County after a softball accident. The young woman's x-ray - which clearly showed a ruptured diaphragm - was either misread or miscommunicated - and the woman was sent home with a wrong diagnosis of muscle strain and a urinary infection.

Over the next two weeks, Smith's condition worsened, leading to an emergency surgery that revealed her correct diagnosis. By that time, doctors were forced to remove almost half of Smith's stomach in order to save her life.

Now, nine years later, the 27-year-old Smith has won $5 million in a Marion County medical malpractice lawsuit. Even now, the Mooresville woman struggles to eat without vomiting and has had six follow-up surgeries since her accident. She is unable to work due to the constant weakness and fatigue she suffers as a result of her missed diagnosis. She is married with two children.

In the medical malpractice suit, Clarian Health Partners, Radiologic Specialists of Indiana, and retired radiologist Dr. Richard L. Gilmor were named as contributing to the medical mistake.

Although the jury agreed to award the woman $5 million, Indiana's medical malpractice caps from Indiana's Medical Malpractice Act will limit the award to $1.25 million -- $250,000 from each provider named and the remainder paid from the Indiana Patient's Compensation Fund.

FDA Warns Zicam Products Could Harm Sense Of Smell

blog@www.2keller.com (news Author)9199 — Sun, 28 Jun 2009 08:00:00 EST

On June 16, 2009, the Food & Drug Administration released a statement warning consumers about three different Zicam cold remedy products, citing that the homeopathic products may cause users to lose their sense of smell after multiple uses of the over-the-counter supplement.

The three products, Zicam Cold Remedy Nasal Swabs, Zicam Cold Rememdy Nasal Gel, and Zicam Cold Remedy Swabs, Kids, have all been cited in 130 different reports that the products can harm people's sense of smell. The press release also states that the loss of the sense of smell could make it difficult to detect the smell of dangerous smoke or gas and could lower overall quality of life. A few other reports also include consumers losing their sense of taste after using the product.

The FDA recommended that anyone who has experienced this loss of smell after using Zicam products should contact their doctor and immediately discontinue use of the product. In general, the press release advises that no one use the products because of the possible threat of harm.

People around the country who have experience the loss of smell after using Zicam products have been contacting defective drug injury lawyers across the country for help - and in 2006, a lawsuit ended in a $12 million settlement.

The drug was not reviewed like other cold medications because the drug is homeopathic. That means that many of the marketing rules that other drugs face do not apply - and the $200 million market is not regular as it should be, according to many.

Construction Worker Killed In Fall At Indianapolis Convention Center

blog@www.2keller.com (news Author)9144 — Thu, 25 Jun 2009 08:00:00 EST

A construction worker was killed in a fatal fall at the Convention Center construction site in Indianapolis, Indiana last week. This is the fifth crane death construction accident in as many years. According to Indiana state officials, 55-year-old Stanley Roberts was working on steel girders about 50 feet off of the ground when the lift (also known as a cherry picker) tipped. He lost his balance and fell. Roberts had extensive experience using the elevated lifts.

While safety authorities have concluded that Roberts fall took place because the construction worker did not attach his safety harness to the equipment he was working on, his wife, Kathy Roberts, insists that her husband always took the correct construction site safety precautions while on the job. She believes that the harness malfunctioned, causing her husband's fall accident.

"All indications point that the harness was not connected to the elevated lift, but that's one of the major things that we're going to be looking at," said IOSHA spokesman Sean Keefer of the construction accident.

Work on the new Indianapolis Convention Center was halted until Monday as investigators examined the constriction site and interviewed workers. The investigation may take months while officials put together the puzzle of why safety-conscious Roberts would not have been properly connected to his equipment.

Shiel Sexton, the contractor on the IN construction job, said that their company policy requires safety lines for anyone working more than six feet off of the ground. According to the Center for Construction Research and Training, about 26 construction workers die each year while using elevated lifts.

Michigan Man Sues Over Elderly Woman's Nursing Home Falls

blog@www.2keller.com (news Author)9119 — Wed, 24 Jun 2009 08:00:00 EST

A man is suing a Belleville, Michigan, nursing home for nursing home negligence after the man's relative died of complications from a fall she suffered while in the assisted care facility.

James E. Golliday claims that Eldercare, Inc., the nursing home that cared for his friend, knew about Dora Haskins-Bond's susceptibility to falls and should have protected her against future falls during her stay at the adult care facility.

Records show that Dora Haskins-Bond fell at Calvin Johnson Care Center on July 7th, which lead to fractures in both of her legs. Records also show that Haskins-Bond had a record of falling at the same center as well as a number of health concerns that could lead to falling - and that the staff at the nursing home should have been aware of the risk of falls for the elderly woman.

The nursing home neglect lawsuit was filed at St. Clair County Circuit Court on June 8 2009. Calvin Johnson Care Center, Eldercare's administrative manager, Steven Wolf, and Prudence Wolf, who had an ownership interest in the company, are implicated in the lawsuit.

In eight different counts, Golliday puts forth that Haskins-Bond had to unfairly deal with the consequences of her falls - including medical bills, physical pain, emotional pain, disability, and disfigurement. In addition, the woman lost enjoyment of life. All in all, Golliday is seeking $400,000 in damages for the slip and fall plus attorney's fees. His lawyer hopes to prove that the nursing home should have been aware of Haskins-Bond as a fall risk and taken a number of preventative measure to keep her healthy and safe.

How Disabled Do I Have To Be To Qualify For Social Security Benefits?

allenw@2keller.com (blog Author)14225 — Tue, 23 Jun 2009 08:00:00 EST

We all have health problems, and some of these health problems may interfere with how well we can do our jobs. But only some people with disabilities qualify for Social Security Disability benefits. What are some of the basic requirements for collecting social security benefits?

· First and foremost, if you are an adult, you must be unable to continue doing the job that you had before you became disabled or sick. You must also not be able to do any job that the Social Security Administration (SSA) thinks you could be capable of considering your career background.

· Your disability or condition is expected to last for at least one year or your disability or condition should be terminal. SSDI is not for partial disability or short-term disability. A disability can be physical, psychological, or psychiatric in nature.

· Your medical records must reflect your disability and the severity of your disability.

Indiana Woman Killed In Michigan Semi Truck Crash

allenw@2keller.com (blog Author)14040 — Sat, 20 Jun 2009 08:00:00 EST

Michigan State Police reported that a Fort Wayne, Indiana woman was killed in a truck accident in Southwest Michigan on Friday evening when the woman's car crossed the centerline into oncoming traffic. Investigators said that 74-year-old Sara Jo Bolte was driving on Michigan 89 outside of Otsego when for unknown reasons so swerved into oncoming traffic and was hit head-on by a truck carrying a load of bricks.

She was rushed to a hospital in Plainwell, Michigan, where she died of her car accident injuries. The driver of the truck was not injured in the truck accident. The dog traveling with her in the car was uninjured but examined by a veterinarian in Kalamazoo.

The investigation will continue as to why the woman did not stay in her lane. Alcohol and speed were not factors in the Allegan County truck accident.

Iron worker Stanley Roberts, 55, involved in fatal fall at Indianapolis Convention Center construction site

allenw@2keller.com (blog Author)13902 — Thu, 18 Jun 2009 08:00:00 EST

INDIANAPOLIS-- June 17, 2009

Iron worker Stanley Roberts, 55, was fatally injured Wednesday after falling more than 50 feet from his metal construction lift that toppled over for reasons that remain unknown. There has been speculation that Mr. Roberts' was strapped in a faulty harness, which contributed to his fatal injuries.

The construction site accident occurred at the downtown Convention Center expansion project at approximately 3:15 on Wednesday afternoon. IMPD and OSHA continue to investigate to help determine the exact cause of Mr. Roberts' fall.

There are approximately 150,000 construction site accident injuries each year according to the Bureau of Labor Statistics. Unfortunately, it has also been found that falls account for the majority of construction site accidents.

Approximately 250 construction workers are working on the Convention Center expansion project. Mr. Roberts was a iron worker contractor with Indianapolis-based Harmon Steel, Inc., who refused to comment on the accident.

Indiana Stadium and Convention Building Authority Executive Director, John Klipsch said, "It's an unfortunate accident. It's rare. All the companies that work on these large projects have a strict safety protocol and usually when something like this happens, it's a freak accident."

Swimming Pool Responsibility and Risks: What are your rights if a child drowns in a pool?

allenw@2keller.com (blog Author)13821 — Wed, 17 Jun 2009 08:00:00 EST

At last, warmer weather is here and many homeowners are preparing for the swimming pool season. However, the enjoyment of a swimming pool also carries great responsibilities and risk.

Each year, more than 300 children under the age of 5 die from accidental drowning. Drowning is the 2nd cause of death of children under the age of 5 (auto accidents still rank number 1). In addition to child wrongful death cases, more than 2,500 children are rushed to the ER each year for near-drowning accidents, some of which result in permanent brain damage. The vast majority of these accidents occur in private swimming pools where as little as 5 minutes and 2 inches of water is all that was required for a child to drown. States with a short window for outdoor swimming, such as Indiana, Michigan, New Mexico and Illinois, are not immune to swimming pool accidents. These accidents happen in every state across the country.

If you're a pool owner, or thinking about purchasing a pool, please read our library article that discusses some of the risks and misconceptions surrounding pool ownership and liability.

2 teens injured; 1 teen dead in Carmel crash

blog@www.2keller.com (news Author)8995 — Fri, 12 Jun 2009 08:00:00 EST

Carmel – Three teens leaving the Monon Center crashed on Monday, June 8, 2009, when the driver of a Jeep Cherokee, Lilly Martyn, 16, drove off the side of the road, overcorrected and lost control. The accident happened near Westfield Boulevard and the entrance to the Monon Center, an aquatic park in Carmel, Indiana. Martyn’s passengers, Sara Davis, 16, and Casey Trotter, 17, were injured and taken to Methodist Hospital in Indianapolis. Martyn died at the scene of the one-vehicle crash.

Authorities do not believe that alcohol was a factor, but an investigation is pending.

Police cruiser rearended by Kokomo woman

blog@www.2keller.com (news Author)8996 — Fri, 12 Jun 2009 08:00:00 EST

Patrol Specialist Billy Degnegaard was injured in a rearend crash on Monday, June 8, 2009, when Patricia Richardson, 62, of Kokomo, was trying to catch sliding personal items in her front seat and was unable to stop in time before crashing into the police squad car that was stopped at a red light on Monroe Street south of Lincoln Way in La Porte, Indiana.

Officer Degnegaard was taken to La Porte Hospital to be treated for a possible head injury. He was treated and released. Richardson was not injured.

Elderly couple killed in I-65 head-on crash

blog@www.2keller.com (news Author)8997 — Fri, 12 Jun 2009 08:00:00 EST

Hazel Fields-Flowers, 83, and Richmond Flowers, 80, both of Cincinnati, died from injuries in a head-on crash on I-65 that occurred in the northbound lanes near the Frankfort exit just north of Ind. 28 on June 11, 2009, when Hazel lost control of the southbound Nissan Altima she was driving. The Altima had veered into the northbound lanes and hit a Ford Focus driven buy Allison Waynick, 22, of San Diego, California. Waynick was injured in the crash and taken to an area hospital for treatment.

The dangers of motorcycles and motorcycle crash statistics

allenw@2keller.com (blog Author)13147 — Tue, 02 Jun 2009 08:00:00 EST

It's obvious, when compared to cars and trucks, motorcycles are less stable and much less visible than other motor vehicles. The motorcyclist's vulnerability is immense, and the potential for a deadly motorcycle accident is always present, even for the most responsible of motorcyclists.

When a motorcycle accident does occur, the rider's rate of injury, or death per accident, are astronomical when compared to that of a driver or passenger in a car or truck. In fact, the risk for injury and death is so much greater, that the U.S. government has placed the odds at 37/1 for a motorcyclist to be involved in a fatal crash when compared side-by-side to an automobile for every mile that each travels.

The result: 5,000 fatal motorcycle crashes in 2006.

Since 1975, when the NHTSA began collecting data, the 5,000 fatal motorcycle crashes exceeded the number of pedestrian deaths for the same calendar year. Motorcycle deaths had been on the decline until 1998, and then the numbers began to rise again. In fact, fatal motorcycle crashes accounted for 11% of all in 2006.

Motorcyclists will attest to the enjoyment of riding on a motorcycle, but their enjoyment comes at great risk. Learning to ride a motorcycle properly requires expert training and experienced instructors at your side. And even then, a motorcyclist cannot account for a distracted driver, being rear-ended, or hit from the side as a car changes lanes without seeing them. Motorcyclists can only hope that by practicing safer driving habits and utilizing proper accident prevention methods that their risks will reduce as much as possible.

FDA Warns Consumers Hydroxycut Product Health Hazards

blog@www.2keller.com (news Author)8769 — Wed, 27 May 2009 08:00:00 EST

A large percentage of Americans are concerned about their weight, and for years companies have taken advantage of consumers by offering "all-natural" products that claim to be the solution to weight gain. Hydroxycut, manufactured by Iovate Health Sciences, Inc., have been the most popular of these weight-loss supplements on the market for several years. However, on May 1, the Food & Drug Administration issued a serious warning about the dangers of taking any of the company's 14 Hydroxycut products.

Made with a mix of caffeine, herbal extracts, green tea, and other stimulants, Hydroxycut promised to boost energy, suppress appetite, help with low-carb diets, burn fat, and aid weight loss. However, now 23 cases have confirmed that the product can cause liver damage, jaundice, heart problems, and even liver failure. In one case, an otherwise healthy 19-year-old died after using the product.

"The FDA urges consumers to discontinue use of Hydroxycut products in order to avoid any undue risk. Adverse events are rare, but exist. Consumers should consult a physician or other health care professional if they are experiencing symptoms possibly associated with these products," said Linda Katz, M.D., interim chief medical officer of the FDA's Center for Food Safety and Applied Nutrition.

Although the FDA itself has not recalled the Hydroxycut products, the company that makes the pills and drinks has volunteered to hold its own recall in an attempt to prevent further lawsuits. However, several state are already filing class action suits against the company.

The FDA announced it will continue its investigation of the products, which include:

Hydroxycut Regular Rapid Release Caplets

Hydroxycut Caffeine-Free Rapid Release Caplets

Hydroxycut Hardcore Liquid Caplets

Hydroxycut Max Liquid Caplets

Hydroxycut Regular Drink Packets

Hydroxycut Caffeine-Free Drink Packets

Hydroxycut Hardcore Drink Packets (Ignition Stix)

Hydroxycut Max Drink Packets

Hydroxycut Liquid Shots

Hydroxycut Hardcore RTDs (Ready-to-Drink)

Hydroxycut Max Aqua Shed

Hydroxycut 24

Hydroxycut Carb Control

Hydroxycut Natural

Indiana Medical Device Company Settles 24 Medical Malpractice Lawsuits

blog@www.2keller.com (news Author)8736 — Tue, 26 May 2009 08:00:00 EST

Biomet, an Indiana-based medical device manufacturer, has settled a medical malpractice lawsuit with 24 injury victims who were harmed by one of the company's medical device products. All in all, 27 different medical malpractice lawyers have filed medical malpractice lawsuits in regards to the use of this defective product.

The product in question was the Ionic Spine Spacer System and SpF and OsteoGen impants - and the surgeon in question was osteopath doctor John King. King, who has faced a slew of medical malpractice lawsuits across the country in the past few years, has been accused of seriously injuring or killing roughly 120 patients in six months who received EBI-manufactured bone simulators.

Although Biomet has agreed to a settlement, both the medical device manufacturer and their subsidiary, EBI, admit to no wrongdoing in the patient injuries and fatalities. Business Week reports that final approval of the settlement agreement will come from the Putnam County court system shortly. Releatedly, a federal lawsuit that alleges that EBI improperly marketed its devices through an illegal kickback scheme that involved King and defrauded federal health care programs has now been dismissed.

Eleven of the original 33 lawsuits against Biomet and EBI were dismissed.

King has since surrendered his medical license and has since had a bankruptcy filing rejected. He still faces dozens of medical malpractice lawsuits - and both he and the hospitals where he works have already paid out $100 million in medical malpractice damages.

Motorcycle Strikes and Kills Pedestrian

blog@www.2keller.com (news Author)8678 — Thu, 21 May 2009 08:00:00 EST

Genesee County - A 22-year-old Davison man was crossing Irish Road just south of Lapeer Road when he was hit and killed by a motorcycle driving south.

2 Young Adults Killed in NM 404 Crash

blog@www.2keller.com (news Author)8700 — Thu, 21 May 2009 08:00:00 EST

Two people were killed after a crash on N.M. 404 near Anthony, New Mexico on Wednesday.

A blown tire was to blame for causing the small, two-door passenger car to swerve left across the highway's center lane where it was T-boned by a pickup truck.

Senior hit in parking lot

blog@www.2keller.com (news Author)8696 — Thu, 21 May 2009 08:00:00 EST

SPICELAND – David M. York, 25, of New Castle was driving north in the parking area at 411 S. Pearl St. in Spiceland, Indiana, on May 13, 2009, and went around a parked delivery truck and hit Lesa M. Barlow, 50, of Middletown, Indiana, who was walking toward the building knocking her to the ground. Barlow complained of pain to her shoulder.

Towed trailer unhitches; 3 injured

blog@www.2keller.com (news Author)8697 — Thu, 21 May 2009 08:00:00 EST

In a heavy downpour of rain on May 13, 2009, Maurice D. Riffel, 38, of North Vernon, Indiana was driving his 1991 Chevy 1500 Pick Up towing a trailer southbound on SR 7 N in Jennings County, Indiana, when the trailer started moving back and forth and traveling left of center striking a 2004 Buick LeSabre driven by Nancy C. Fodrea, 71, of Elizabethtown, who was traveling north on SR 7 N. The trailer detached from the truck upon impact, continued to rotate and hit the front end of the pick up and the left side of the Buick. This caused the Fodrea vehicle to spin off the roadway to the right into a ditch line. The trailer continued to rotate clockwise and separated from the pick up coming to a rest off the roadway. The trailer had became detached from the truck ripping off the bumper continuing south and left of center. The truck went off the road and down an embankment.

US 20 crash; seniors injured

blog@www.2keller.com (news Author)8698 — Thu, 21 May 2009 08:00:00 EST

LaGrange, In. A 1994 Buick driven by Betty Mckee, 70, was westbound on US 20 on May 14, 2009 approaching the intersection of 200 E. When Dale Bricker, 77, driving his 2004 Crysler PT Cruiser had stopped at 200 E. facing north but then proceeded into the intersection into her path. McKee was unable to avoid hitting Bricker The Buick struck the PT cruiser and flipped coming to rest on its top NW of the intersection. Drivers of both vehicles were transported to Parkview LaGrange Hospital of their injuries. Bricker was cited for failure to yield right of way.

SR 933 crash injures two

blog@www.2keller.com (news Author)8699 — Thu, 21 May 2009 08:00:00 EST

South Bend, In. Joseph H. Spacnuolo, 32, of Buchanan, was traveling southbound on SR933 when Barbara J. Frank, 37, of Niles, entered the intersection from Stateline Rd traveling east and collided into the passenger side of Spacnuolo’s Ford Explorer causing his vehicle to roll over. Both drivers complained of minor injuries.

Semi Kills Moped Driver

blog@www.2keller.com (news Author)8675 — Wed, 20 May 2009 08:00:00 EST

GREENE CO. - One person was killed when a moped struck a semi last night in Greene County. The investigation is ongoing.

Indy woman killed in 2 car accident

blog@www.2keller.com (news Author)8677 — Wed, 20 May 2009 08:00:00 EST

INDIANAPOLIS -- Margaret Brown, 18, was killed and two other people were injured Tuesday, May 19, 2009 in a two-vehicle accident. Brown was the driver of a car that was headed east on 42nd Street when it ran a stop sign at German Church Road.

Five-car accident injures six, slows U.S. 41 traffic

blog@www.2keller.com (news Author)8689 — Wed, 20 May 2009 08:00:00 EST

A five-vehicle wreck injured six people Tuesday morning, May 19, 2009.

A Pontiac Grand Am was struck by a pickup truck whose driver ran a red light on U.S. 41 at Morgan Avenue. There were three children, ages 1,3, and 6, in the Grand Am at the time of the accident.

Vehicle Delivering Senior Meals Overturns

blog@www.2keller.com (news Author)8664 — Tue, 19 May 2009 08:00:00 EST

Two people delivering meals to shut-ins were transported to Plains Regional Medical Center on Monday after their vehicle was involved in a crash.

LaPorte Head-On Collision Causes Injuries

blog@www.2keller.com (news Author)8663 — Tue, 19 May 2009 08:00:00 EST

Joseph Vojuoda, 36, was driving early Friday morning when he swerved and hit another vehicle, driven by Deandre Williams, 23, head-on.

Woman Killed on I-25 Blowout

blog@www.2keller.com (news Author)8659 — Tue, 19 May 2009 08:00:00 EST

A 62-year-old Albuquerque woman was fatally injured and four others hospitalized in critical condition after the car she was traveling in blew out a tire and rolled over near Socorro.

Las Vegas Woman Dies in Santa Rosa Crash

blog@www.2keller.com (news Author)8671 — Tue, 19 May 2009 08:00:00 EST

Gloria Brown, 38, of Las Vegas, N.M., was pronounced dead at the scene of a crash on Interstate 40 near Santa Rosa when the driver of the car fell asleep at the wheel and struck a guardrail. The driver of the vehicle as well as the other passenger were injured and taken to a nearby hospital.

Pedestrian Killed After Being Hit by Two Cars

blog@www.2keller.com (news Author)8679 — Tue, 19 May 2009 08:00:00 EST

A pedestrian was struck by two separate cars before being pronounced dead at the scene. Michael A. Dustin, 43, ran across Atherton Road and was struck by a car going westbound. The impact knocked Dustin into the eastbound lane, where he was struck by a second car.

Man Lying in Road Hit by Truck

blog@www.2keller.com (news Author)8680 — Tue, 19 May 2009 08:00:00 EST

A pedestrian was hit by a truck while lying in the road. He died from his injuries. Arthur L. Love, 58, had been seen lying in the southbound lanes of King Avenue before a truck hit him.

Officer-Involved Crash Injures Two

blog@www.2keller.com (news Author)8642 — Mon, 18 May 2009 08:00:00 EST

Two people were injured in a head-on collision Friday morning between an Espanola police vehicle and an Infiniti on N.M. 76 between Espanola and Chimayo. There is no word yet on the cause of the accident, the extent of the injuries or the injured person's identities. State Police are continuing to investigate.

Indiana mayor dies in motorcycle crash

blog@www.2keller.com (news Author)8639 — Mon, 18 May 2009 08:00:00 EST

The mayor of Butler, Ind., has died in a motorcycle crash in Ohio

Suicidal driver caused crash on I

blog@www.2keller.com (news Author)8646 — Mon, 18 May 2009 08:00:00 EST

Authorities say that a 50-year-old woman was trying to kill herself when she caused an accident on I-65 on Sunday, May 17, 2009.

Water Park Accident Kills Local Teen

blog@www.2keller.com (news Author)8643 — Fri, 15 May 2009 08:00:00 EST

A school outing at a waterpark ended in tragedy Friday when a 14-year-old boy drowned at Wet 'n Wild Water World.

Car Crashes into Residence, Injuring 1

blog@www.2keller.com (news Author)8661 — Fri, 15 May 2009 08:00:00 EST

Officers responded to a report of a car that had crashed into a residence

The driver of a 1994 Crown Victoria was parking the vehicle under a carport behind the residence when she lost control and crashed, causing significant damage to the residence.

Failure to Yield Causes Rear-End Collision

blog@www.2keller.com (news Author)8674 — Fri, 15 May 2009 08:00:00 EST

A man was attempting to turn onto John Williams Blvd. when he pulled out in front of another vehicle causing a wreck. Derek Boone, 22, was injured and taken to nearby medical facilities.

Crash kills Noblesville man

blog@www.2keller.com (news Author)8579 — Thu, 14 May 2009 08:00:00 EST

ARCADIA -- A fatal accident involving a Noblesville man left more than 1,000 customers without power for 90 minutes Saturday afternoon, officials say.

Ty Harber, 34, was killed when he was driving his 2001 Dodge Intrepid north on Devaney Road near Arcadia on Saturday May 9, 2009, when his vehicle left the roadway and he lost control. Harber overcorrected and struck a utility pole just north of 276th Street. He was not wearing a seat belt and was ejected from the Intrepid, which was engulfed in flames when first responders arrived. Harber was pronounced dead at the scene.

Duke Energy had 1,528 customers who lost power for just more than 90 minutes because of the accident.

Carlsbad Man Killed When Truck Hits Bull

blog@www.2keller.com (news Author)8658 — Thu, 14 May 2009 08:00:00 EST

A 28-year-old Carlsbad man was killed and his brother was seriously injured when their pickup struck a bull.

3 Car Collision caused by Cell Phone

blog@www.2keller.com (news Author)8662 — Thu, 14 May 2009 08:00:00 EST

Brandon Jones, 19, was attempting to answer his cell phone when he rear-ended a vehicle, driven by Dana Canfield, who was stopped at a traffic light. This caused a chain reaction crash into another vehicle, driven by Bernice Byrd of Columbus. All three drivers complained of minor injuries.

Head on crash leaves two dead, one injured

blog@www.2keller.com (news Author)8521 — Tue, 12 May 2009 08:00:00 EST

GREENE COUNTY — A head-on collision Saturday evening,, May 9, 2009, in Greene County killed two and sent one to the hospital with head and back injuries.

A vehicle driven by Preston Williams, 19, Bloomington, was traveling south on Indiana 43 when it moved into the northbound lane to pass another vehicle south of Greene County Road 525 North.

A motorcycle driven by Jerry Marker, 40, Solsberry, was traveling north on the same road and the two vehicles collided.

Marker was reportedly killed instantly, and both vehicles caught fire upon impact.

Williams’ vehicle skidded onto an embankment on the east side of the road, overturned, then rolled down the embankment and came to rest on its top.

Williams’ passenger, Jessica Allman, 19, Bloomington, was pronounced dead at Bloomington Hospital.

Williams was transported from Bloomington Hospital to Methodist Hospital in Indianapolis for facial, head and back injuries.

Investigators believe neither Williams nor Allman were wearing seat belts. The accident remains under investigation.

South Carolina Trucker dies in U.S. 31-Ind. 28 crash

blog@www.2keller.com (news Author)8525 — Tue, 12 May 2009 08:00:00 EST

TIPTON – Two semitrailers collided at speed at U.S. 31 and Ind. 28 early Tuesday, May 12, 2009, resulting in the death of one driver, Tipton County Sheriff deputies reported.

A truck carrying milk products from the Anderson Nestle plant was headed westbound on Ind. 28 at 2:30 a.m., and entered the intersection at the same time as a truck carrying drywall on a flatbed.

The westbound driver ran head-on into the flatbed of the northbound truck, demolishing the cab of the westbound truck and killing its driver.

Northbound and southbound lanes of the highly traveled U.S. 31 were shut down for more than six hours Tuesday morning, including during the morning rush hour. One lane southbound was reopened shortly after 8 a.m.

The driver of the northbound truck and a passenger in that truck were uninjured.

The deceased driver died at the scene.

An investigation into the accident was ongoing.

Illinois Man Wins $2.1 Million Medical Malpractice Case

allenw@2keller.com (blog Author)11879 — Tue, 12 May 2009 08:00:00 EST

Nine years ago, Daniel R. Nelson was in a serious motorcycle accident along with his wife. Although they both suffered serious injuries from the bike crash, Nelson spent 13 months in the hospital in the wake of the wreck.

Now, a jury has awarded the man $2.1 million for medical malpractice -- $994,716 in medical and health care expenses, $1 million for past and future pain, suffering and disability, $50,000 to Nelson's wife, Jeanne, for loss of consortium and $65,000 to Nelson's son, Miles, for lack of society and companionship.

During Nelson's rehabilitation, his jaw was wired shut and he had a tracheotomy tube. One morning, when it became clear that Nelson was not breathing, the doctor attending Nelson, Lorraine C. Novich-Welter, waited too long to call a code four and clear the obstruction from Nelson's tracheotomy tube. Personal injury lawyers argued that Novich-Welter was negligent in her care of the patient.

While Nelson was walking short distances after the accident but before the tracheotomy medical malpractice incident, Nelson is now confined to a wheelchair.

Fort Branch Woman in fatal U.S. 41 wreck identified

blog@www.2keller.com (news Author)8505 — Mon, 11 May 2009 08:00:00 EST

A woman who died about 12 hours after her car was hit Friday night by another motorist on U.S. 41 has been identified.

Jackie Hollis, 57, of Fort Branch, was pronounced dead shortly after 10:30 a.m. Saturday, May 9, 2009, at Deaconess Hospital. Hollis was involved in a crash that occurred on Friday night, May 8, 2009, as she was stopped for a traffic light at U.S. 41 North and Indiana 57. Justin Mallory, 27, slammed into the rear of Hollis’ vehicle. The impact drove the car about 150 feet off the roadway. Mallory's truck traveled across the median and both southbound lanes of U.S. 41 and into a ditch next to the railroad tracks there.

Mallory allegedly attempted to flee the scene on foot, but was apprehended by an Evansville Police Department K-9 unit. The city officer, who was nearby, had stopped to assist county officers at the scene.

Mallory was taken to Deaconess Hospital, where he was treated for minor injuries before being jailed.

His blood-alcohol level was 0.21, almost three times the legal limit for intoxicated driving, according to the Sheriff's Office.

Mallory is being held in the Vanderburgh County Jail on charges including criminal recklessness, operating a motor vehicle while intoxicated with injury and prior conviction hit-and-run with injury; and resisting law enforcement.

Two Dead In Greene County Head-On Car And Motorcycle Crash

blog@www.2keller.com (news Author)8509 — Mon, 11 May 2009 08:00:00 EST

Reckless teenaged driving may well have been a factor in the head-on collision that took place between a motorcycle and Camero on Indiana State Road 43 in Greene County Indiana on Saturday evening.

Indiana State Police and the Greene County Sheriff's Department reported that 19-year-old Preston Williams of Bloomington, Indiana, was attempting to pass a car on the two-lane highway when he collided with an oncoming motorcycle driven by 40-year-old Jerry Marker of Solsberry, Indiana. The car switched into the northbound lane to pass another vehicle south of Greene County Road 525 North and did not see the oncoming motorcycle.

According to police, the Camero skidded on to the east side of the road, flipped over and rolled down an embankment, catching on fire upside down. The motorcycle also caught on fire during the crash. Emergency responders received the call about the motorcycle accident at a few minutes after 6 p.m. on May 9.

Marker died instantly in the crash. Camero passenger 19-year-old Jessica Allman of Bloomington was rushed to Bloomington Hospital where she died of her injuries. Williams is still in the hospital with serious head, face and back injuries sustained in the crash.

Neither teen was wearing their seatbelts at the time of the accident. The head-on motorcycle collision is still under investigation.

This accident highlights the importance of several road safety and motorcycle safety measures: wearing your seat belt at all times, being alert to the presence of motorcycles, passing with caution on two-lane highways, and turning on your headlights when driving on two-lane highways.

I-25 Rollover Kills Woman

blog@www.2keller.com (news Author)8644 — Mon, 11 May 2009 08:00:00 EST

One woman died and six passengers were injured when the vehicle rolled over. The cause of the accident is still under investigation.

May Is Motorcycle Safety Awareness Month

blog@www.2keller.com (news Author)8494 — Sat, 09 May 2009 08:00:00 EST

As part of Motorcycle Safety Awareness Month, the Indiana Department of Transportation is urging motorcycle riders and drivers a like to keep motorcycle safety in mind as warmer weather approaches and many bike enthusiasts hit the road this summer.

What makes riding a motorcycle more dangerous than driving another vehicle? Motorcycles are smaller and therefore harder to see on the roads - drivers have been know to switch lanes into motorcycles, merge into motorcycles, or cut motorcycles off simply because they didn't know they were there. Motorcycles are also harder to maneuver, especially on rough pavement or inclement weather. Finally, because motorcycles lack many of the safety features of other vehicles, such as roll bars, airbags, and slide control, it is much easier to suffer serious or fatal injuries in a motorcycle crash.

Cars can help prevent motorcycle accidents by checking their blind spots, being aware of bikes on the road, being attentive while making left turns, and leaving an appropriate amount of space between your vehicle and a motorcycle. Motorcycles can keep the roads safe by wearing a helmet and protective clothing, by obeying the rules of the road, by following cars at a safe distance, and by understanding how to best approach rough patches of road and other motorcycle hazards.

Here at Keller & Keller, we urge our readers to review some of our motorcycle safety library items:

· What Can the Hurt Report Tell Us About Motorcycle Safety Today?

· Handling Dangerous Surfaces On Your Motorcycle

· Indiana Motorcycle Laws

· Harley Davidson Wobble

Woman killed in 2-vehicle collision in Sheridan

blog@www.2keller.com (news Author)8463 — Thu, 07 May 2009 08:00:00 EST

Helen M. Barringer, 24, of Wilkinson, was driving east on Ind. 47 about 6:40 a.m. when her car crossed into the westbound lane. The car collided with a van driven by John L. Felton, 62, Kokomo, just east of West Road.

Barringer was pronounced dead at the scene and Police are not sure why she crossed the center line.

Felton tried to avoid the collision but could not. He was taken to Methodist Hospital with a possible broken hip.

2 Hagerman men killed in crash

blog@www.2keller.com (news Author)8466 — Thu, 07 May 2009 08:00:00 EST

An accident that occurred near Hagerman on Tuesday, May 5, 2009, left two residents dead after one of the vehicles failed to obey a stop sign and was hit by another vehicle.

The accident occurred at the intersection of East Ottawa and Vineyard roads, just west of Hagerman. It involved a 2007 Toyota pickup, driven by Nathan Turpen, 23, and a 1983 Chevy pickup, driven by Fred Layton, 74.

The initial investigation of the crash scene revealed that Turpen was traveling south on Vineyard and that Layton was traveling west on Ottawa. Police said evidence at the scene indicated that Turpen ran the stop sign and was broadsided by Layton.

Both vehicles slid to the southwest corner of the intersection, and the Chevy pickup rolled onto its right side, ejecting Layton from the vehicle.

Turpen was pronounced dead at the scene by a deputy medical investigator. Layton was transported by ambulance to Eastern New Mexico Medical Center, where he was later pronounced dead.

Alcohol was not considered to be a factor in the crash and it was determined that seat belts were not used by either driver.

Baby Killed, Four Injured, In Frankfort On I-65

blog@www.2keller.com (news Author)8472 — Thu, 07 May 2009 08:00:00 EST

The Indianapolis Star reports that a Sunday evening car crash on Interstate 65 left a five-month-old baby dead, two mothers injured, and two children injured. The crash took place in Frankfort, IN, which is 40 miles northwest of Indianapolis.

According to Indiana State Police Trooper Michael Krueger, the accident took place when a woman drove over the I-65 median and struck an oncoming car. Twenty-year-old Candice Cunningham of Indianapolis drove her Dodge into oncoming traffic for unknown reasons, hitting 27-year-old Breanne Kemp's Jaguar. Kemp, who is also from Indianapolis, had her two children in the car, Abigale, 6, and Zoe, 8. Cunningham was driving with her infant in the car, Rhilee Courtney.

Cunningham and her daughter were both airlifted from the accident with severe head injuries - the mother was taken to Methodist Hospital while the daughter was taken to Riley Hospital for Children. Rhilee died from her car accident injuries while at the hospital. All three members of the Kemp family were transported to Clarian Arnett Hospital in Lafayette with serious but non-life-threatening injuries.

Cunningham remains in critical condition with a traumatic brain injury.

Indiana Police told reporters that everyone involved in the crash was wearing a seatbelt and that they baby was properly situated in a car seat. All five car accident victims were responsive after the car accident.

The crash closed I-65 for over an hour as emergency crews clean up debris and collected evidence. The fatal car crash is still under investigation - it is still unknown why Cunningham's car left its lane and cross the median.

Man seriously injured in crash

blog@www.2keller.com (news Author)8443 — Wed, 06 May 2009 08:00:00 EST

Franklin D. Phillips, 28, was seriously injured in a crash Tuesday morning, May 5, 2009, on C.R. 45, west of Old C.R. 17 in northwest Goshen. Another motorist was later arrested.

Phillips suffered extensive head injuries and was flown to a hospital by Medflight.

The accident occurred at 9 a.m. when a 1999 Dodge Ram 1500 driven by Jermy J. Rohrer, 36, Elkhart, was southeastbound on C.R. 45, following a 1997 Nissan 200SX driven by Phillips.

According to police, Rohrer’s vehicle collided with the rear of the Nissan more than once "due to aggressive driving." Phillips’ vehicle left the road and struck a tree.

Rohrer was later arrested on a charge of leaving the scene of an accident involving serious bodily injury.

Woman killed in crash near Goshen

blog@www.2keller.com (news Author)8444 — Wed, 06 May 2009 08:00:00 EST

Autumn J. Gross, 27, of Warsaw was killed Saturday, May 2, 2009, in a head-on collision when her 2005 Chevrolet Equinox collided with a 2008 Toyota Tundra driven by Kory E. Weldy, 19, Nappanee.

Weldy was driving westbound on C.R. 36 east of C.R. 11 near Goshen and Gross was driving eastbound on the road when one of the vehicles crossed the centerline and the collision occurred.

Gross was taken to Goshen General Hospital by ambulance and was pronounced dead there. Weldy was not injured.

A crash investigation team is continuing to investigate the collision.

Loose tire bounces over median, strikes car, fatally injures Lincoln Park woman

blog@www.2keller.com (news Author)8452 — Wed, 06 May 2009 08:00:00 EST

DEARBORN - A loose tire struck and killed a 54-year-old Vanessa Ford of Lincoln Park about 1:15 p.m. Friday, May 1, 2009, when it crashed through her windshield on the Southfield Freeway in Dearborn.

The victim was traveling southbound in a 1994 Ford Probe when the tire dislodged from a 1997 Dodge pickup heading northbound. The tire then bounced over the concrete divider and struck the southbound vehicle in the driver's side windshield.

Ford sustained serious head injuries and was taken to Oakwood Hospital, where she was later pronounced dead. No charges had been filed against the other driver, a 19-year-old man from Northville.

Police do not believe drugs or alcohol were a factor in the incident. The crash is still under investigation.

Infant and 4 others injured in 2-vehicle collision

blog@www.2keller.com (news Author)8418 — Mon, 04 May 2009 08:00:00 EST

FRANKFORT - A 5-month-old, Rhilee Courtney was airlifted to Riley Hospital for Children Sunday night, May 3, 2009, after a two-vehicle crash on I-65 about a half-mile north of Ind. 28 in the northbound lane of I-65.

The infant's mother, Candis Cunningham, 20, of Indianapolis, was driving a gold 2006 Dodge Stratus heading south on I-65. For an unknown reason, Cunningham went off the left side of the interstate through the median and struck a blue 1998 Jaguar driven by Breanne Kemp, 27, Indianapolis, head on.

The infant was airlifted to Riley with a severe head injury while her mom was flown to Methodist Hospital with similar injuries. The infant later died of her injuries.

Kemp, and her children, Abigale, 6 and Zoe, 8, were taken by ambulance to Clarian Arnett Hospital in Lafayette to be treated for broken bones and bruises.

Krueger said everyone involved in the crash was wearing a seat belt and the infant was secured in a child restraint system.

Social Security Benefits Will Not Increase In 2010

allenw@2keller.com (blog Author)11586 — Mon, 04 May 2009 08:00:00 EST

Federal forecasts from the Obama administration and the Congressional Budget Office predict that Social Security recipients will not be receiving an increase in their benefits in 2010, and possibly 2011. Beneficiaries have received automatic cost-of-living adjustments (COLA) every year since 1975.

"What does a a freeze in Social Security benefits mean for Medicare?"

It would result in major implications for Medicare because the COLA puts a cap on premiums for Part B of Medicare, which covers a physicians’ services. And if there is no COLA for Social Security, about 75% of beneficiaries will not see any change in their basic Part B premiums, according to federal officials. However, some beneficiaries are without this protection and could face substantial increases in their Part B premiums.

Inflation is good for people on fixed incomes, but it is creating political and policy problems for Congress, which is just learning of the implications for Social Security and Medicare.

In addition, millions of beneficiaries could see higher premiums for drug coverage, provided under Part D of Medicare.

Medicare’s hospital insurance trust fund is deteriorating because of the recession, according to officials. Medciare has reduced payroll tax revenues in response to the concern. The tax revenues represent the main source of money for the fund. Spending on Social Security and Medicare totaled more than $1 trillion last year, accounting for more than one-third of the federal budget.

Most recipients of Medicare have Part B premiums deducted from their monthly Social Security checks. These premiums have historically increased much faster than Social Security benefits.

Under federal law, most Medicare beneficiaries have some protection. Their basic Part B premiums cannot rise more than the dollar amount of the cost-of-living increase in their Social Security checks. So if there is no COLA, their basic Part B premiums will not increase. However, one-fourth of Medicare recipients are not protected by law, and these folks could see their premiums increase.

Pit Bull Kills One-Year-Old Boy In Northeast Detroit

allenw@2keller.com (blog Author)11540 — Sun, 03 May 2009 08:00:00 EST

WIYN and the Associated Press report that a family pet killed a one-year-old just outside of Detroit. On April 22, Eastpointe, Michigan, police reported that a pit bull terrier killed a toddler in the boy's home on Wednesday afternoon.

Following the fatal dog attack, the father of the dog bite victim shot the family pet with a handgun. The boy was pronounced dead after the pit bull mauling at St. John Hospital. Police did not release the name of the family or the pit bull victim. Pit bulls have long been a breed of dog most likely to bite humans.

The deadly pit bull attack is under investigation, though no charges have been filed in the dog bite case.

To keep your children safe from potential dog attack, read our dog bite prevention tips for children. In the case of a dog bite attack, read our article about what to do after a dog bite.

How to Avoid Car Trunk Entrapment Dangers

allenw@2keller.com (blog Author)11501 — Fri, 01 May 2009 08:00:00 EST

Problem:
Children love to explore and hide. Their innocent play can be deadly if the child gains access to the trunk of a car.

Prevention Tips for Avoiding Trunk Entrapment Accidents:
• Make sure that children know not to play in and around vehicles, especially the trunk of car
• Always keep a watchful eye on your children when playing near vehicles
• If your child goes missing, always remember to immediately check the trunk of your vehicle(s)
• When the vehicle is not in use, lock the doors and trunk, and ensure that the keys are out of reach of your children
• If your vehicle has rear fold-down seats, keep them up and/or locked at all times

Update Your Car’s trunk:
•Auto manufacturers were required to build all vehicles after September 1, 2001, with a glow in the dark trunk release.
•Make sure that you children know this is available if they were to get accidentally locked in the vehicle.
•If your vehicle was built prior to September, 2001, an automobile dealership may be able to install a trunk release latch for you.

What you need to know about trunk entrapment:
• Cars parked in direct sunlight can reach internal temperatures up to 131-172 degrees when outside temperatures are 80 degrees . Cars that are parked in direct sunlight and that are poorly ventilated also reach higher temperatures more rapidly than cars that are parked in the shade or that have windows completely opened. Most temperature increases inside cars occur during the first 15 minutes of being left in the sun. In at least two incidents during the summer of 1998, deaths occurred in dark cars, and the dark color probably contributed to the intense heat in the trunks. Trunk entrapment is extremely dangerous.

I-65 crash near Lafayette kills 1 injures another

blog@www.2keller.com (news Author)8366 — Thu, 30 Apr 2009 08:00:00 EST

LAFAYETTE, Ind. -- Nicholas A. Kibby, 22, of West Lafayette was killed in a two-vehicle crash Wednesday, April 29, 2009, on I-65 near Lafayette. Kirby died in the crash between the Ind. 26 East and Ind. 38 exits. North lanes of the interstate were closed for more than an hour as officers investigated the crash

Kibby's southbound car crossed the median and ran into northbound traffic, where it collided with a semitrailer truck. The car broke into pieces, and Kibby was ejected.

After striking the car, the semi went through nearby brush and into a field on the right side of the interstate. The semi driver, Melvin Doxy, 43, Alsip, Ill., was taken to Clarian Hospital in Lafayette with back and neck injuries.

A passing motorcyclist was hit by debris from the crash but was not seriously injured

Fatal crash on SR 64 leaves 1 dead

blog@www.2keller.com (news Author)8368 — Thu, 30 Apr 2009 08:00:00 EST

Nancy Carpenter, 43, of Evansville has been cited for driving too fast to avoid a collision in connection with a wreck that killed a Mount Carmel, Ill., man Wednesday, April 29, 2009, on State Route 64 near the Indiana-Illinois state line.

Harry Stevenson, 67, was pronounced dead at the scene of the crash that involved three vehicles.

Carpenter was driving a 2007 Toyota Camry east on State Route 64 when she approached Stevenson’s Chevrolet Cavalier that also was eastbound. Stevenson was slowing down and preparing to make a left turn onto County Road 950 West. Carpenter attempted to pass his vehicle on the right but struck the right rear of the Chevrolet.

The impact pushed it into the westbound lane of the highway into the path of an oncoming 1997 Jeep Wrangler driven by Alex Windes, 22, of Allendale, Ill.

Carpenter was airlifted to St. Mary's Medical Center at Evansville for treatment of minor injuries. Windes was taken to Wabash Valley Hospital at Mount Carmel where he also was treated for minor injuries. All three drivers were wearing seat belts.

Power Window Safety Tips for Children

allenw@2keller.com (blog Author)11412 — Wed, 29 Apr 2009 08:00:00 EST

Problem:
Many of today's vehicles come equipped with a long list of modern conveniences, and power windows are almost standard, however, they also pose a risk to children. If a child is caught in the window as it is raised, it can fracture or crush bones and possibly strangle the child. There are several documented cases of children injuring their fingers or hands, and even get their neck caught in the windows, leading to strangulation.

Prevention Tips:
• Never leave children unattended in a vehicle--this accounts for the majority of power window injuries
• Teach your child not to play with the window and not to stand, lean, or push against the arm rests where the window switch is normally located
• Utilize child-safety locks, or window locks if your vehicle is equipped. Most of these mechanisms will prevent the windows from being controlled by someone other than the driver.
• Make sure that children are properly restrained when the vehicle or the keys are in the ignition
• Check to make sure that the windows are clear before raising the windows
• Make sure that the ignition key is not left in the vehicle or in the accessory position

Car and Truck "Roll-Aways" Cause Serious Injury and Death

allenw@2keller.com (blog Author)11414 — Wed, 29 Apr 2009 08:00:00 EST

Problem:
Whenever the key is in the vehicle’s ignition, an automatic transmission can possibly be moved out of ‘PARK’- even when the vehicle's engine is off and the brake is not depressed.

Prevention Tips to Keep your Child Safe:
• Never leave a child or children in the vehicle
• Supervise children when they are getting in or out of a vehicle
• Make sure to keep your vehicle locked and the keys out of reach when not in use
• Never leave the keys to a vehicle in the car
• Utilize the emergency brake when your vehicle is parked
• Verify whether or not your vehicle has a Brake Transmission Safety Interlock (BTSI). Check your vehicle’s manual, or check this list to find out if you have a BTSI-equipped vehicles. The Dodge Caravan was under investigation for not having the BTSI.

What you need to know about vehicle rollaway:
• If the vehicle accidentally begins moving, the child may become scared and attempt to jump out while the vehicle is moving. In doing this, the child can become injured, or possibly run over by the vehicle.
• Many newer vehicles are equipped with BTSI technology, which prevents the vehicle from accidentally being put into gear.
• All vehicles built with an automatic transmission with a ‘PARK’ position, after September 1, 2010, are required to have BTSI technology.

Pickup Hits Buggy; Man and horse killed

blog@www.2keller.com (news Author)8322 — Tue, 28 Apr 2009 08:00:00 EST

FLORA, Ind. -- The Old Brethren community in Carroll County is mourning the death of Steven Royer. A 2001 Chevrolet pickup truck smashed into the back of a horse and buggy on a northern Indiana highway, killing the driver and the animal.

The buggy driver, Steven L. Royer, 64, of Camden, was thrown from the buggy and killed when the accident happened about noon Monday, April 27, 2009, on Indiana 75 near Carroll County Road 250 North.

Carroll County Sheriff's Deputy John Chapman said the truck's driver, John T. Justice, 87, of rural Logansport, said he didn't see the buggy as he came up behind it and struck it in the rear

The collision thre Mr. Royer from the buggy. Royer died of massive internal injuries and was pronounced dead at the scene from multiple blunt force trauma. The horse also died. Justice was not injured.

3-bike crash kills one Motorcyclist

blog@www.2keller.com (news Author)8323 — Tue, 28 Apr 2009 08:00:00 EST

James L. Edmundson Jr., 43, of Kokomo is dead after an April 26, 2009, motorcycle accident in Miami County, and two other motorcyclists are hospitalized.

Troopers reported all three motorcyclists had been traveling at a high rate of speed prior to the accident on U.S. 31, just south of Ind. 18.

Edmundson was pronounced dead at the scene of massive head trauma; Aaron T. Robertson, 30, Kokomo, and Emory G. Smiley Jr., Kokomo, were both airlifted with head injuries and lacerations, police said.

Trooper Josh Rozzi of the Peru ISP Post said the three riders were traveling southbound on U.S. 31 around 10 p.m. with two other motorcyclists when the three pulled away from the other two at a high rate of speed.

"Early indications are one motorcyclist was attempting to catch up with the other two when it hit the rear of one motorcycle, causing it to crash into the third motorcycle," ISP Sgt. Tony Slocum said in a press statement.

"None of the three involved in this crash were wearing a helmet," Rozzi said. "It’s unfortunate a person has lost their life, but with the high speeds they were traveling it could easily have been three."

Robertson was listed in fair condition Monday at Parkview Hospital, Fort Wayne, and Smiley Jr. was listed in stable condition at Methodist Hospital, Indianapolis.

Lincoln High student killed in crash, driver of car remains critical

blog@www.2keller.com (news Author)8325 — Tue, 28 Apr 2009 08:00:00 EST

A 16-year-old Lincoln High School student was killed on Monday, April 27, 2009, in a one-car crash that critically injured the 24-year-old driver.

Caitlyn Varney died in the crash, which occurred on Whittaker Road near Sea Mist in Ypsilanti Township.

Police said the 24-year-old Ypslanti Township resident was driving, and Varney was a passenger. The driver may have been a cousin of Varney, according to Lincoln Schools Superintendent Lynn Cleary said.

Initial indications are the 1999 Pontiac Grand Prix was northbound on Whittaker Road near Seat Mist when it ran off the road to the right and struck a tree head-on.

Officials said the lack of seat belt use appears to be a factor in this crash, but no further details were provided.

"Backover Accidents" and Children

allenw@2keller.com (blog Author)11387 — Tue, 28 Apr 2009 08:00:00 EST

What is a Backover Accident?
A backover accident occurs when a vehicle is backing out of a driveway or parking space and hits a child because the driver did not see the child. Backover accidents generally involve toddlers, or small children that do not understand the risks of being behind or near a moving vehicle and then subsequently wander unnoticed into the pathway of the backing vehicle.

The Problem:
Thousands of children are killed or seriously injured in backover accidents that could easily have been prevented.

Statistics:
Each week 50 children in the United States are injured after being backed over by a vehicle. This danger accounts for almost 50% of all non-traffic fatalities involving children younger than 15-years-old.

Car and Truck "Backover" Prevention Tips for Parents:
• At an early age, teach your children not to play in or around vehicles
• Provide proper supervision of children when they are in and around vehicles
• Always remember to inspect the areas around and under your vehicle before backing up
• Use extreme caution if you are in an area (schools, neighborhoods, playgrounds) where small children are   commonly found
• Teach your children to move away from a vehicle when it is started
• If children are in your immediate area, ask them to stand to the side where you can see them as you back out
• Constantly check and re-check while backing out slowly
• Use added caution if you are driving a larger vehicle such as an SUV or van (bigger vehicles = bigger blind spots)
• Teach your children not to leave their toys, bikes, or other items in driveways
• Kids move quickly and unexpectedly; keep checking your mirrors until you are done backing
• Even if a vehicle is equipped with detection devices like backup cameras or warning sounds, do not let them take the place of active watching and listening while backing up

What else?
• Every vehicle has blind spots--be aware of what you cannot see
• Many components of a vehicle, such as the driver’s seat, or the view through the windows and mirrors, can affect what is visible to the driver
• SUV’s and larger vehicles are more likely to be involved in backup accidents
• Backup accidents often occur when an adult is unknowingly followed by a child to the area where the adult will soon be backing up their car or truck.  ALWAYS be aware of children who may be close by when you start your vehicle!

Heat Exposure Inside Cars can Lead to Heatstroke and Heat Exhaustion

allenw@2keller.com (blog Author)11391 — Tue, 28 Apr 2009 08:00:00 EST

Problem:
More than 30 children die every year from heatstroke (hyperthermia) because they are left in unattended vehicles on warm days. Leaving a child in a car may not have been intentional, but no matter how it happens, it can be very deadly, very fast.

Statistics:
Between 2000-2009 approximately 500 children lost their lives due to heat-related illness that occurred inside a vehicle. 51% of these cases happened after the child was "forgotten" by the parent or caretaker. Another 30% died after the child was left to play in an unattended vehicle. And 18% died after the parent left the child in the car intentionally while running an errand, etc.

(Heat-related disasters happen quickly inside vehicles--leaving your child in the car for a few minutes while running into the store can be deadly.  Even cool days, with temperatures in the 60 degree range, can cause the interior of a car to rise in temperatures above 110 degrees very quickly. The temperature inside a vehicle can rise 20 degrees or more within the first 10 minutes after the vehicle is turned off.)

Heatstroke and Heat Exhaustion Prevention Tips:
• Never leave a child unattended inside vehicle for any amount of time
• Do not allow children to play in a vehicle that is unattended
• If you have children, make sure you check the front and back seats of your vehicle every time before locking it
• If your routine is altered and you would not normally have your child in the vehicle at a certain time, remind yourself that a child is in the vehicle by using the following:
      Write a note and place the note where you will see it before leaving the vehicle
      Place an item in the backseat you have to have before leaving the car
•Keep the vehicle doors and trunk locked, secured and keep the keys away from the child’s reach
•If you see a child that has been left in a vehicle, call the police ASAP

What you need to know:
• The inside of vehicles get hot very quickly. Even if a window is rolled down a few inches, with outside temps near the 80s, the inside vehicle temps can reach deadly levels within 10 minutes!
• Children overheat much easier than adults, especially infants and children under the age of 4
• Children absorb more heat than an adult on a hot day, and children also are not able to cool their body by sweating as easily as an adult
• A child's boy heat increases much faster than that of an adult’s body. In a hot car, this increase at a rate of 3-5 times faster
•High body temperatures cause permanent injury and death

Symptoms of Extreme Heat Exposure:
Common signs of heatstroke or heat exhaustion can include red, hot, moist or dry skin, lack of sweating, an abnormally high or low pulse, dizziness, nausea, confusion and abnormal mood.

Semi-truck driver faces charges after U.S. 12 crash in Niles

blog@www.2keller.com (news Author)8302 — Mon, 27 Apr 2009 08:00:00 EST

Police say a semi-truck driver couldn’t stop in time while driving on U.S. 12 in Michigan Saturday night, leading to a chain-reaction crash involving four vehicles.

The Berrien County Sheriff’s Department said the 7:35 p.m. accident happened when Thomas Tyszka, 26, of Marcellus, approached the South Third Street intersection while heading eastbound and hit a pickup driven by Jon Thompson, 47, of Edwardsburg.

Thompson’s eastbound vehicle then crashed into a Jeep being driven by 47-year-old Todd Tighe of Cassopolis.

The eastbound Tighe then hit Michael Newcomer, a Niles 17-year-old who was headed north on South Third Street.

Thompson, Tighe and Tighe’s passenger were all taken to the hospital and treated for minor injuries, authorities said.

Tyszka was cited for failing to stop and held on an outstanding warrant issued by Cass County. The Sheriff’s Department also said Tyszka faces charges for narcotics possession after drugs were found at the scene.

1 dead, 3 hurt in Westfield collision

blog@www.2keller.com (news Author)8276 — Fri, 24 Apr 2009 08:00:00 EST

Dovie J. Masden, 55, of Sheridan, was killed when the 1997 Pontiac she was driving was struck by a 1997 Ford F-150 pickup truck near Westfield, near 186th Street and Casey Road.

Eric Price, 16, Sheridan, a passenger in the pickup, was flown to Methodist Hospital with head injuries, police said.

Police say Masden was traveling north on Casey, ran a stop sign and pulled into the path of the pickup, driven by Garrett Gossard, 17.

An ambulance took Gossard to Methodist Hospital, where he was treated for pain in his arm.

Curtis Moore, 15, another passenger in Garrett's truck, was treated at the scene for cuts on his hand.

State's top young scientist injured in auto accident

blog@www.2keller.com (news Author)8284 — Fri, 24 Apr 2009 08:00:00 EST

Chelsea Arthur, 18, a New Prairie student recently named Indiana's Top Young Scientist, was eastbound on U.S. 20 when she began to turn left onto county Road 900 East into the path of an oncoming car driven by Tiffany Urbanowicz, 30, of South Bend, at about 2:30 p.m. Wednesday, April 22, 2009, according to La Porte County Sheriff's deputies.

According to police, Urbanowicz complained of pain to her chest and Arthur sustained an undisclosed chest injury.

No further details were available.

Albuquerque bicyclist killed on I-25

blog@www.2keller.com (news Author)8288 — Fri, 24 Apr 2009 08:00:00 EST

Oscar Preston, 56, of Albuquerque was struck and killed while riding his bicycle in the right southbound lane of Interstate 25, near mile marker 134 south of San Antonio shortly after 1 this morning.

A 1997 Mercury driven by 25-year-old Bradley Cook, also of Albuquerque, was traveling in the right southbound lane when he saw something in front of him, then swerved into the left lane, but because the bicycle was traveling at a substantially slower speed, Cook was unable to avoid hitting the cyclist.

Alcohol was not a factor in the accident, and State Police were unable to say where and when Preston had begun bicycling on the interstate.

Clients and Friends can suggest interview topics for Keller & Keller and the Indianapolis Star

allenw@2keller.com (blog Author)11184 — Wed, 22 Apr 2009 08:00:00 EST

Keller & Keller's latest community project may seem smaller than its previous endeavors, however, the reach of this new program will be enormous, and be viewed by thousands.

Each month Keller & Keller is interviewed by the Indianapolis Star on various personal injury topics. After the interview has concluded it is then posted on the Indianapolis Star's website. Since the program started, we have invited clients, members of Keller & Keller's social media groups (e.g., Facebook), and website visitors to suggest a topic of interest on which they would like to see the Indianapolis Star interview Keller & Keller.

April's brain injury interview came from a client who wanted more information on Talk and Die syndrome, following the tragic death of actress Natasha Richardson. The previous month's oral sodium phosphate interview was suggested by a member of our Facebook forum that had recently used oral sodium phosphates in preparation for their colonoscopy.

The impact of this project may not have an immediate dramatic effect on someone's life, such as the case is with Samantha's House; however, it's very possible that your idea will result in a printed news story that will educate someone on a topic of which they had no previous knowledge.

Again, if you're a client, visitor to our website, or a member of one of our social media groups, please suggest a topic of interest for consideration. We will contact you if we have selected your topic idea and then notify you once the interview is printed in the Indianapolis Star.

Two injured in motorcycle accident

blog@www.2keller.com (news Author)8231 — Tue, 21 Apr 2009 08:00:00 EST

James Partain, 45, Fairland, and Susan Lapack, 51, Indianapolis were rushed to Wishard Memorial Hospital after their motorcycle was hit by a possible drunken driver early Sunday, April 12, 2009, and remain in intensive care.

The pair on the motorcycle collided with a white Chevy pick-up truck driven by Keith Watkins, 39 of Beech Grove, near the Stables nightclub, 6125 Southeastern Ave. and South Arlington shortly after midnight. Watkins fled the scene but was caught about two blocks away, police said.

Watkins was arrested on preliminary charges of failure to stop at an accident and operating while intoxicated.

Partain suffered a head injury and crushed ankle. He was listed in good condition Monday evening. Lapack had a crushed skull and was in critical condition. Dale Gray, a friend of Lapack's, said Partain had been wearing a helmet but Lapack had not.

Police said Watkins told them he had three rum-and-Cokes at a child's birthday party before going to Stables. Police said he refused a blood-alcohol test at the scene but an hour later was taken to a hospital to have blood drawn for a test.

Moped crash victim catches fire

blog@www.2keller.com (news Author)8233 — Tue, 21 Apr 2009 08:00:00 EST

WESTVILLE - One person was airlifted to Memorial Hospital of South Bend after a collision between a moped and a car Thursday night, April 16, 2009, at the intersection of U.S. 421 and Ind. 2.

The moped was carrying Mark Grant, an 18-year-old driver, and a passenger, Ray Herrold, 19, of Otis.

Grant died of massive multi-system trauma several hours later, which included head injuries and bone fractures. Grant also sustained burn injuries when the moped he was driving caught fire after impacting the 2007 Dodge Caliber driven by 32-year-old Camie Tyler of Westville.

Herrold was also transported to Memorial Hospital of South Bend, where he was treated for minor injuries, Sullivan said. Herrold complained of stomach and abdominal pain following the crash.

According to Westville Police Chief Deputy Rich Oberle, Tyler was making a left turn onto southbound U.S. 421 when she collided with the moped dragging it out of the intersection. The car came to a rest on top of the two-wheeled vehicle.

Grant was driving the moped east across U.S. 421 on Indiana 2, while Tyler was driving westbound on Indiana 2 and making a left turn onto U.S. 421 south. The traffic light was green for both drivers, and he said the lights were functioning properly.

Woman Dies In Fall From High Rise In Chicago

blog@www.2keller.com (news Author)8202 — Mon, 20 Apr 2009 08:00:00 EST

The Chicago Tribune and The Associated Press report that a woman who died from a fall from a high rise building in Chicago, Illinois was probably the victim of a tragic accident.

Brittney Stafford, a 29-year-old who lived in Chicago, fell several stories from an apartment building at 5 a.m. on Saturday morning, April 18, 2009. She was pronounced dead at the scene of the accident by emergency responders.

She was visiting a friend who lived in a Loop apartment building at the time of the accident according to her brother, Eric Stafford. The building is located on the 100 block of West Lake Street at the Century Tower Private Residences, and Stafford fell onto the east sidewalk on the 200 block of North Wells. Stafford lived in the Lakeview area.

"She was at a friend's, that all we know right now," said Eric Stafford. "They told us it was an accident and we're working off that." Stafford added that there were several other people in the apartment at the time of the accident and that they were collecting more information from friends.

The Cook County medical examiner has ruled the fall an accident on Sunday, April 19, after conducting an autopsy that revealed that the woman died from multiple injuries. However, the Chicago Police are conducting a death investigation into the fall lead by Belmont area detectives, so spokeswoman Antoinette Ursitti told reporters.

"The circumstances are still under investigation," Ursitti said, adding that she could not release further details.

Brittney Stafford was from Indianapolis, Indiana, and attended Indiana University.

Social Security Aims to Reduce Backlog Despite Increase of Claims

allenw@2keller.com (blog Author)11097 — Mon, 20 Apr 2009 08:00:00 EST

The Social Security agency's (SSA) commissioner believes that SSA will be able to eliminate all the claims' backlog in 2013. This announcement to Congress comes even after it was revealed that SSA is faced with an increase in disability claims over the previous year.

2008 left SSA with a backlog of 1.4 million disability and supplemetnal security benefits claims, thus causing a state of limbo for those who have filed. By the end of 2009, it is predicted that the number of these claims will exceed 1.6 million.

When pressed to explain the backlog, SSA officials noted limited funding and a sharp increase in the number of disability claims that their office is faced with year after year. Disability claims are expected to grow by 300,000 this year over last year’s numbers. Most of Keller & Keller's social security disability clients are often concerned with the amount of time it takes to get a hearing. SSA estimates that the the average wait time for a hearing on a disability claim is 500 days.

Our Social Security disability practice agrees that the wait time is excessive, however, obtaining legal representation will remarkedly increase the likelihood that you will receive a favorable decision for your claim.

Why does it take so long to get a hearing for disability? More reasons...

allenw@2keller.com (blog Author)11099 — Mon, 20 Apr 2009 08:00:00 EST

The number one question our social security attorneys receive from our clients and first time callers is: "Why does it take so long to get an answer about my Social Security disability claim?" Unfortunately, the social security system system is faced with a backlog of hundreds of thousands of disputed disability claims. In fact, the clog is so large, some people are forced to wait years for a hearing.

The Social Security Administration (SSA) claims a simple formula helps explain the backlog: too many cases, not enough staffing, and an increase in claims that involve hard-to-prove ailments, such as depression, anxiety and back pain. Put these together and you have a massive traffic jam.

SSA recently received $500 million in governmental aid to address the problem, but it won't serves as a magical solution to a problem that has been years in the making. In fact, it could take 4-5 more years before the claims backlog is cleared.

The number of Americans that receive disability has more than doubled since 1990. In fact, currently there are 7.4 million Americans receiving disability, while the number of professional staff used to process the claims has dropped by around 5%.

Another factor to take into consideration for the backlog is the number of people who apply for disability that are able to work, and are simply looking for assistance that they don't require. Obviously, this only increases the wait for people who are truly disabled.

Most applicants learn that they are unable to navigate the system on their own. As many as 85% of applicants will hire a lawyer such as Keller & Keller to help prepare their paperwork, gather medical records and ready them for a hearing.

The Social Security Administration is approaching the problem from multiple angles — experimenting with electronic records to speed up medical reviews, hiring more judges and other staff, and adding offices — but the efforts only go as far as the funding.

Spencer woman killed on Ind. 46

blog@www.2keller.com (news Author)8174 — Fri, 17 Apr 2009 08:00:00 EST

Alice B. Collier, 54, of Spencer died in a three-vehicle crash Thursday, April 16, 2009, in Owen County on Ind. 46 near the Monroe County line.

John F. Abrell, 56, of Terre Haute, was driving west on Ind. 46 when his pickup truck struck the rear of a 2000 Mazda that was waiting to turn left. Collier was a passenger in the Mazda.

The collision pushed the Mazda into oncoming traffic, and it was struck head-on by an eastbound sport utility vehicle driven by Jeremy Sherfield, 29, also of Spencer.

The Mazda was driven by Tonia Lee, 40, Spencer. She was treated at a Bloomington hospital.

Abrell was cited for driving too fast to avoid a collision and following too closely.

Noblesville, Indiana, Boy Attacked By Animal Shelter Dog

blog@www.2keller.com (news Author)8161 — Wed, 15 Apr 2009 08:00:00 EST

Seven-year-old Dillon Absher of Noblesville, Indiana, was bitten in the face by a dog, leading to multiple lacerations on his mouth, nose, and face. The injuries may require reconstructive plastic surgery in the future, though it is too early to tell.

The dog that attacked Absher was newly adopted by the boy's family - and had just been in the home for a day. The family had adopted the dog from a Fulton County shelter under shady circumstances - the dog was not fixed, the dog had not been vaccinated, and the dog had not been tested for aggression.

At the time of the dog attack, the boy was lying on the ground with the dog and moved to kiss its forehead. The dog was startled by the boy's sudden movement and reacted by mauling the boy's face. He was rushed to the hospital.

The dog is now at the Hamilton County Humane Society, where he is under quarantine for the next ten days for rabies. After that, it is likely that the aggressive dog will be put to sleep. The dog is a chow-retriever mix.

Those looking to adopt a pet from a shelter should ask a number of questions before adopting, those at Hamilton County Humane Society said. Animals should be fixed if they are over six months, as males especially will be more aggressive. Animals should also have their vaccinations. In addition, families should be certain that the animal they are adding to their lives is not aggressive and does well with children. Many shelters test a dog's temperament before allowing animals to be adopted.