Welcome to HurstInjuryLaw.com, the personal blog of William W. Hurst, Attorney at Law in Indianapolis. This is where Bill will post his research notes, case studies, and legal news for public viewing. Feel free to browse the site and use any content you find for your own blogs so long as you properly cite our site. For information on Bill's legal practice, please visit his business website at BillHurst.com.

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On July 1, 2011 an Indianapolis Metropolitan police officer was hospitalized after she was involved in a crash on the “Far South side” while responding to another traffic accident.  The officer had lights and sirens activated when she drove through a red light at Southport and Bluff roads and was struck by a northbound Ford Explorer at about 4:30 p.m.   http://www.indystar.com/article/20110701/news02/107010373/indianapolis-police-officer-hurt-afternoon-crash

The following Wednesday, July 6, 2011 on the “Near Northside” of Indianapolis a Fishers woman was injured in a car crash with an Indianapolis Metropolitan police officer.  The Fishers woman, who has not been identified, had minor injuries and both were being treated at Methodist Hospital.  The officer was on a dispatched run and traveling south on Fall Creek Parkway when a 2006 Dodge Durango exited the parking lot of the BP gas station and pulled into the officer’s path of travel.  After impact both cars struck a tree on the west side of Fall Creek Parkway.  The officer was not using his lights and sirens at the time of the crash.  http://www.indystar.com/article/20110706/NEWS/110706018/IMPD-officer-injured-crash-Near-Northside

Indianapolis Metropolitan Police Department’s General Order #4.16 V. “Emergency Operations” states that:

Police Department vehicles must be operated 1. Under emergency conditions only when the officer is responding to a reported or confirmed emergency condition or when properly operating under pursuit conditions.  With regard to that, the officers must refer to a general order regarding vehicle pursuits for definition. 2. When operating a police vehicle under emergency conditions, the emergency lights and sirens must be utilized. 3. An officer may disregard an automatic traffic control or stop sign only when responding to an emergency situation under pursuit conditions.  Even then the officer must approach the intersection with caution and be prepared to stop.  The officer may proceed only when it is safe by clearing the intersection lane by lane.  The police vehicle must be prepared to take evasive action and brake if necessary.  In all cases the police vehicle operator must proceed with caution.

Under certain conditions police officers may make “silent runs”.  A silent run is the operation of a police vehicle under emergency conditions utilizing emergency lights but no sirens or other audible signal.  Silent runs are authorized for robberies, burglaries, burglaries in process or a situation in which the officer determines through his training experience requires silent run response to avoid alerting the criminal.  A police officer on a silent run still must stop at all stop signs and traffic signals and proceed safely.  In all instances he must operate his vehicle with caution and at a reasonable speed without endanger the life and property of others.  The violation of these rules may result in liability for the Police Department involved.

It is the policy of  the Indianapolis’ Metropolitan Police Department (IMPD) to require all officers to operate the police vehicles with due regard for the safety of others.  This is required under General Order 4.16 whether it is a marked or unmarked police vehicle.  The police officer’s must exercise due caution at all times regardless of the nature of the run for the protection of the life and property for himself and for others.  Department personnel in both off-duty and on-duty status are prohibited from operating any city-owned vehicle after taking any “restricted” prescription medication, alcohol or intoxicant.  Indeed officers are prohibited from operating any city vehicle with any traceable amount of alcohol determined by chemical test.  The operation of a vehicle with a BAC above .08 and/or arrest for DWI for the first offense results in a ten day suspension, second violation; a thirty day suspension and on a third offense the officer will be dismissed.  Mandatory alcohol counseling is an additional requirement for any and all violations.

The Indianapolis Metropolitan Police Department recognizes that it is inevitable that police vehicles will be involved in accidents.  The IMPD requires that all vehicle traffic crashes to police vehicles will be investigated thoroughly and reported properly according to procedures established in General Order 7.4.  Under this general order, the police officer must contact the communication center immediately, who dispatches the necessary personnel and assistance to the location.  The vehicle must not be moved. When there are personal injuries, all injured parties will be sent to Wishard Hospital for treatment unless medical personnel  determine it necessary to transport to a hospital which is closer.

It is the responsibility of a designated IMPD crash investigator to investigate and report all details of an accident.  In Indianapolis, there is an Accident Review Board which was established under the direct authority under the Indianapolis Chief of Police as set forth in department’s rules and regulations.  The administrative body is responsible for review of all crashes, reports and investigations involving motor vehicles under the control of the police department.  Formal hearings and administrative reviews may be conducted in accordance with established procedures to determine compliance with the department’s orders, rules and policies.  While not a disciplinary board, the Accident Review Board will make specific recommendations for disciplinary action to the Disciplinary Board of Captains.  The Accident Review Board will make a judgment as to whether the accident was preventable or not preventable.

Despite all the rules and regulations “high speed” police chases create an extremely dangerous situation for pedestrians and motorists.  While it is the responsibility of local law enforcement to apprehend criminals to ensure the safety of the general public, when the pursuit of criminals puts innocent third parties in danger it is up to the officer making the “run” to make a decision that serves the greater good and the safety of the community.  Sometimes the “wise” decision is to ”break off” the “run” or ”chase”.  Often after these accidents there are many questions must be answered.  Why did police continue to pursue the vehicle; when the danger to the community was apparent? Did the police officer fail to comply with the polices, rules and regulation of his department?  Only an experienced personal injury lawyer can help you with obtaining this information and evaluating it.

If you are injured in a police chase crash or squad car accident, you should consult with an experienced personal injury attorney who has represented persons seriously injured in similar circumstances.  Whether the incident involves officers from Indianapolis Police Department, Marion County Sheriffs Deputies or police officers from other police agencies, our office can help.  Contact our office for a free consultation with an experienced accident lawyer at (800) 636-0808 and see our website at  www.BillHurst.com

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Takeda Pharmaceutical Company is Asia’s biggest drug maker and they face tens of thousands of lawsuits in the United States courts over allegations that the Actos diabetes drug causes bladder cancer.  This drug was marketed for Takeda in the United States by the Indianapolis based Eli Lilly & Company from July, 1999 until March, 2006 and in several other companies up until this year. This drug, coupled with diet and exercise, was used as therapy to improve glycemic control for Type II diabetics.

U.S. regulators found in June that an analysis of a company sponsored study showed that some users of Actos faced an increased risk for developing the potentially fatal disease.  There has been other evidence linking Actos to an increased risk of other serious side effects such as blindness and macular edema. Personal Injury Attorneys across the nation are indicating that they are getting calls every day and believe that it may result in as many as 10,000 lawsuits.

Takeda officials this year recalled Actos, its top-selling drug, off the market in Germany and France because of the linkage to increased cancer risk.  The medication had sales of 4.8 billion in the last fiscal year and was 27% of the Japan based company’s revenue.

Pioglitazone hydrochloride, (Actos) was developed by Takeda and was distributed in markets since 1999.  Actos oral tablets were marketed as a medication which would help the body use insulin more efficiently.  There were a lot of warnings and contraindications that accompanied the drug and users were cautioned to have regular blood tests to monitor potential damage to their liver.  However, this list did not include the increased risk of cancer.  According to a December 1, 2011 article by the Associated Press in the Indianapolis Star, Eli Lilly, one of the distributors, lobbying costs in the third quarter of 2010 approached 2.3 million focusing on patent reform, trade issues and hospital discounts.  Actos sales in this article in 2010 were shown to be approximately 3.35 billion dollars with the drug going generic in 2012.  It is noted that not withstanding Takeda’s patent for Actos actually expiring last January, 2011, Takeda, and possibly Lilly and Glaxos Smith Klein, may be battling the forthcoming tide of Actos lawsuits.  Despite that Takeda has already agreed to several generic drug makers on the future marketing of a generic form of Actos.

Both Germany and France have suspended sales of Actos.  The suspension was effective July 11, 2011.  The Food and Drug Administration recently released a safety alert and required a label change for Actos regarding the risk of bladder cancer for users taking the medication for more than one year or taking it in the highest dose.  According to the FDA announcement, Actos can lead to a 40% increased risk of bladder cancer based on a study of more than 200,000 patients with Type II diabetes.  Since 2007 the competing diabetes drug Avandia was shown to increase the risk of heart attack the Actos sales have escalated to approximately 4.3 billion in 2010 alone.

The France Medicine Agency has suspended the sales of Actos after reviewing a cohort study conducted by the French Health Insurance linking Actos to bladder cancer.  Drug regulators in Germany have also disallowed new prescriptions for Actos pending further investigation.  The European Medicine Agency began a review of Actos in March, 2011 which has not yet concluded but may ultimately yield similar findings.  Between January and October of 2010, 2.3 million patients filled prescriptions for Actos according to the FDA.  Based on the 40% increase of risk the number of people who may develop bladder cancer since the drug’s approval in 1999 could easily number in the thousands.

On December 29, 2011, the U.S. Judicial Panel on Multidistrict Litigation ordered that all Actos lawsuits pending in Federal Courts nationwide be consolidated and centralized in the nearest District Court for the Western District of Louisiana and assigned to the Honorable Rebecca Dougherty.  This is a consolidation of all Actos lawsuits filed by individuals alleging that the Type II diabetes medication caused them to develop bladder cancer.  When reaching the decision to consolidate the Actos lawsuits the Panel determined that there were common questions of fact to warrant the transfer of these actions into one Federal District Court for coordination, consolidation and pretrial proceedings thereby eliminating duplicative discovery and consistent pretrial rulings and conserve the resources of the parties, their counsel and the judiciary.  At that time there were only a few, perhaps less than 20, Actos lawsuits currently pending in Federal Courts nationwide.  All of these lawsuits were filed after the June, 2011 determination by the U.S. Food and Drug Administration that Actos users are at increased risk for developing bladder cancer. 

 www.webmd.com/cancer/bladder-cancer/news/20110616/new-bladder-cancer-warning-for-diabetes-drug-Actos

 www.fda.gov/Drugs/DrugSafety/ucm259150.htm

http://www.ibj.com/takeda-lilly-may-face-thousands-of-suits-over-actos-cancer-claims/PARAMS/article/31087

http://www.bloomberg.com/news/2011-12-31/takeda-suits-on-actos-diabetes-drug-combined-in-one-louisiana-court.html

The side effects of Actos at http://diabetes.emedtv.com/Actos/side-effects-of-actos.html 

For several previously known side effects of Actos, including problems such as headaches, sinus infection, and upper respiratory infections.  More serious side effects would include low blood sugar, rapid weight gain, vision changes, pain, tooth problems, sore throat, water gain, edema.  Actos was also promoted as increasing the good cholesterol and decreasing triglycerides.  www.Actos.com

If you or a loved one has experience bladder cancer as a result of taking Actos,  contact our office or call William “Bill” Hurst at (800) 636-0808 for a free consultation.  Our office has successfully represented thousands of clients in .

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Semi-truck, tractor- trailer and commercial vehicle accidents in the United States continue to rise.  The Insurance Institute for Highway Safety indicates that over 100,000 people sustain serious personal injuries, and over 5,000 people die in these crashes annually.  The National Transportation Safety Board (NTSB) compiles statistics and reports for truck-driving accidents in the United States and attempts to identify and correct hazards that face truck drivers.  Even insignificant driving errors can result in consequences where a small vehicle is in a collision with an eighteen wheeler (18-wheeler) which can result in catastrophic injuries.  Many drivers fail to understand that trucks have limited field of vision on their right side and that large trucks traveling at high speeds cause a draft which can pull a vehicle into the danger zone or cause an automobile to over correct and run into the truck or off the road.  www.todaystrucking.com and www.auto-accidentresource.com/statistics.html

In Indiana, investigation of truck accident statistics involving 18-wheelers, semi-tractor trucks or large trucks have been compiled by the Center of Criminal Justice Research www.criminaljustice.iupui.edu based upon National Highway Traffic Safety Administrative studies as well as the Indiana State Police Automated Report Information Exchange System.  In prior years, one in every six fatal traffic collisions involved large trucks.  This was based on traffic collision trends between 2004 and 2008.  The summer months show the highest number of total large truck collisions and the highest number of fatal collisions involving them.  Over 50% of the collisions occurred on interstates with the least likely roads for them to occur on Indiana County Roads.  32% of the fatal collisions reviewed occurred on State Roads and 30% on Interstates.  Between 2004 and 2008 there was a gradual increase in involving fatal collisions occurred.  The Indiana Officers Standard Crash Report requires investigating officers to indicate the primary contributing factor for the collision.  In fatal collisions involving large trucks that were reviewed by the Center, 27% of the large truck drivers contributed to the occurrence compared with 64% for other vehicular types.  Large trucks were 2.5 times more likely than drivers of other vehicles to be attributed to the occurrence of the collision in instances where distracted driving was listed as the primary factor.  In total collisions between 2004 and 2008, involving large trucks where speeding was a factor, the large truck involved was reportedly speeding about half of the time.  www.in.gov/It is sad, but in most large truck, semi-tractor trailer, 18-wheeler accidents involving an automobile, it is the car and it’s passengers that come out the loser.  There have been numerous examples of this in recent times in Indiana.  On March 1, 2011 a semi-truck that was driven by a 41year-Indiana operator was issued a citation for failure to control his vehicle after he rear-ended a pickup truck on I-77 South.  The driver of the pickup truck was transported to St. Joseph hospital and all of the passengers in the pickup truck from Waverly, Indiana were taken to Candem Park Memorial Hospital after the accident.  In this case, the injuries were not life threatening, however in a Jackson County, Indiana accident on February 25, 2011, a Michigan man was killed on I-65 in Jackson County.  The police described this as a horrific crash.  On that date, three people called to report a speeding driver, weaving along the road just south of Seymour.  This car collided around the 37-mile marker in Jackson County with a semi-truck.  The driver of the car was thrown from the vehicle and pronounced dead at the seen.  The driver of the semi-truck, who was not at fault, had no injury whatsoever.  In a recent Indianapolis collision between an automobile and a semi-tractor trailer, an Indianapolis Public School thirteen-year old girl was killed.  The child died at the seen of the accident.  This accident happened on the Southwest side of Indianapolis.

Clearly truck drivers are professional and generous and some of the best drivers on the road, but the areas behind and beside large trucks are hazardous areas where drivers should proceed with great caution.  It’s clear when semi trailers are involved in accidents with smaller vehicles, the forces generated by the collision are so tremendous that serious injuries and death often occur.

If you or a loved one has been involved in a semi-tractor trailer accident resulting in serious injury contact our office or call William “Bill” Hurst at (800) 636-0808 for a free consultation.  Our office has successfully represented thousands of clients injured by Big Rigs.

www.indianapolisabogado.com

According to the American Academy of Orthopaedic Surgeons (AAOS), there are about 270,000 knee replacement operations performed each year in the United States. Many people receiving such surgery are over the age of 65 although the number of knee replacements performed on young adults is growing every year. http://www.surgery.com/procedure/knee-replacement/demographics. There are hundreds of companies that provide joint replacement products and one such Indiana based company is Zimmer holdings.  www.zimmer.com.  Traditionally, knee implants are attached to the femur with cement. Adhesive can break down and may lead devices to fail. Zimmer manufactures an uncemented knee replacement device, the Zimmer NexGen CR-Flex product. The Zimmer NexGen CR-Flex is a synthetic femoral implant which caps the femur (thigh bone) where it connects to the tibia at the knee, without cement.

The FDA recently recalled Zimmer NexGen Knee replacement devices, http://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfres/res.cfm?id=86898, because they were malfunctioning in an unusually high rate of patients http://www3.aaos.org/education/anmeet/anmt2010/podium/podium.cfm?Pevent=434. A NY Times article points to Dr. Richard Berger out of Chicago, IL as the doctor who brought the defect to Zimmer’s attention. http://www.nytimes.com/2010/06/20/business/20knee.html. According to the article, Dr. Berger was a consultant for Zimmer and complained to them that one of the models was failing. Zimmer refused to comment on the issue. A number of other doctors have also had similar complaints with the Zimmer NexGen knee implant. If you or a loved one has questions about recent medical device recalls such as the Zimmer please visit the U.S. Food & Drug Administration website (http://www.fda.gov/MedicalDevices/default.htm)  to research recalled devices. If you or a loved one has a Zimmer NexGen knee replacement that causes pain and requires knee revision surgery or replacement knee surgery, contact us today.

We are experience personal injury lawyers.  Our office is currently reviewing Zimmer Knee replacement cases.  Contact us to review your case at no cost, or call us at 1-800-636-0808.

www.indianapolisabogado.com

           November 2, 2011 at the State Fair in Louisiana a 3 year old boy suffered serious critical injuries when a kiddie ride accidentally started while the ride operator was unloading passengers.  The child was left pinned for 20 minutes while workers used the jaw of life to free him.  He was seriously injured. http://www.coaster-net.com/news/1643-accidents-at-the-louisiana-state-fair/  October 31, 2011 there was a collision between two monorails at the Disney resort in Florida.  The accident and injuries to the occupants was caused by the failure of the monorail manager to verify the position of a switch.  There were several serious personal injuries

          On October 24, 2011 a 31 year old woman suffered a fatal fall from a tiptop ride in Dublin Ireland.  She was ejected from her bucket seat and landed on the metal steps leading to the platform. She died instantly.  August 30, 2011 at Bottoms Amusement Park in Berkshire, England, an amusement park ride called a Surf Rider malfunctioned and left seven riders hospitalized.  A gondola attached to one end of the arm remained horizontal throughout the ride keeping the passengers upright and the gondola crashed in a vertical position.  Firefighters had to use a hydraulic platform and ropes to extract all 22 riders who were trapped and injured. Many of these accidents and those mentioned above have been catalogued by RideAccidents.com, which is a non-profit research and education site which focus on Amusement Park Safety.

          The list of amusement park accidents around the world is lengthy.  The site has been established to bring awareness to the risks associated with rides.  A similar site reviews accidents and causations at www.amusementsafety.org\safety_news_11.asp.         Families around the world find amusement parks a favorite destination year round.   The public relies upon the parks and fairs to ensure the rides are safe for the public.  Behind the scenes there are several organizations that also work to provide safe and enjoyable visits for guests at the amusement parks.  There are State laws that require the states to certified rides and provide inspectors  to police the facilities.  The International Association of Amusement Parks and Attractions (IAAPA) and the National Safety Council (NSC) have worked together to establish a nationwide amusement ride injury reporting system for all facilities that have permanent amusement rides in the United States.  These organizations have; for example (in 2009) determined there were approximately  280,000,000 guests in U.S. amusement park facilities and enjoyed 1.7 billion rides.  Only 65 of these personal injuries were reported as serious.  http://www.iaapa.org/pressroom/AmusementRideInjuryStatistics.asp

The Consumer Product Safety Commission also tracks injuries related to amusement rides.  They have established charts and tables summarizing ride related injuries for the years 1997 to 2006 which include the victim’s age and medical diagnosis as well as a description of the incident.  In 2006 this organization estimated that amusement rides caused 8,800 injuries  and most of these involved “gokarts”. 

 http://www.saferparks.org/safety/injuries/us_injury_statistics.php        

 Although the statistical odds of injury apparently are low the consequences of an accident can be catastrophic, including death.  Some amusement experiences are more risky than others.  Consumers should be very careful in choosing rides particularly for children.  If the ride simply looks poorly maintained or the operator appears distracted or the child is not well restrained, don’t allow the child to board the ride.  Clearly those seeking to enjoy an amusement park ride or involve their children in a ride can significantly reduce the risk of injury to themselves and other riders by simply paying attention and following the rules and not “horsing around”.  One must be realistic and use common sense when choosing rides for small children; and if you or your child have a condition, limitation, or disability you need to take the time to really consider whether the amusement ride is worth it. 

          Here are 10 tips to making your day at the amusement park safer  for your children:

1.      Be aware of the safety equipment limitations.  Ride manufacturers provide seat belts, lap bars, and other safety equipment to reduce the risk of injury.  However, many safety devices used on children’s amusement rides often aren’t well designed to keep young children in their seats.  You should not rely on lap bars and seat belts to restrain children!  Solid metal lap bars only fit closely against the largest passenger in the car often leaving young children with room to slide around and out.  Shockingly, there are no mandatory federal standards for the design of amusement rides and their safety devices.  Amusement rides are neither childproof nor often child-safe!  Watch the children using amusement rides before you decide to put your child  on the ride to see how they get along and are protected.  After  observation, use your common sense judgment to determine if the ride is safe for your children.  Do not rely on a ride attendant’s representative that the ride is safe for your child.  Judge for yourself!  If you have any doubt, Don’t ride.  http://www.saferparks.org/faq/

2.      Discuss the ride with your child.  Read warnings out loud to your child and discuss each warning.  Tell your child that even if the ride  stops, he/she can not attempt to get off the rude until the ride attendant says it is time.  Tell to your child that if the ride gets scary, do not attempt to get off no matter what is happening.  It is too dangersous.  Explain that rides might seem scary, but they are safe as long as the riders stay seated and  keep their hands, and hold on tight.  Let your child know how to “behave” and set a good “example”.   

3.      Always obey height, age, and weight restrictions. If your child does not meet the necessary requirements, do not attempt to “sneak” them on the ride.  These restrictions are there for a reason!  The  manufacturer of the amusement ride take into account the forces exerted by the ride and the maturity required to ride safely.  A child who does not meet the ride requirements may not be physically or mentally able to stay safety seated.  Also keep in mind that  manufacturers base their guidelines on height/weight ratios of children based on the average child.  So for example, children who are tall for their age may not be mentally ready for a certain ride.    The bottom line is if you cannot count on your child to stay seated with hands and feet inside, don’t let your child on the ride! 

4.      Don’t put children on rides that could scare them.  Most children who get scared try to “run” and may try to “get off” the ride.  Children are hurt every year becoming afraid and try to exit a ride while it is still moving.  Don’t put a crying child on a ride.  Ared child will get hurt more often than those who are calm. 

5.      Follow any special instructions about seating procedures.  Spinning rides sometimes require that smaller riders sit on the inside (closest to the center pole) to avoid being “smashed” by the bigger riders as the spinning force increases.  Thus, small children should be seated away from open sides.  If you ignore these instructions and reposition your child after the child has been seated , you may be endangering your children. 

6.      Never seat your child in your lap on rides.  If your child is on your lap and the safety bar is above the child’s lap, that position could cause the bar or belt to put too much pressure on your child’s small body.  If the ride doesn’t have restraints and the ride takes an unexpected turn, your child could slip out of your hands and out of the ride. 

7.      Stay out of the sun.  Statistics show that heatstroke and exhaustion out number all other injuries put together.  Stay hydrated and remember alcohol dehydrates. Use sunblock and wear comfortable shoes. 

8.      Teach your kids what to do if they get separated from you.  Have each child wear an ID (such as an ID bracelet, or personalized tag) that includes your cell number so that a security can call with the location of your child if lost.  Play the “What if…” game with your children so they know to stop a security guard if they get separated.  If you can afford it, consider a child locator or tracking device. 

9.      Don’t Over Do It:  If you have eaten a large meal or consumed alcohol, you should consider waiting an hour before riding a ride that spins.  Otherwise, you may not only feel sick, but also have an “bad”  experience.  Most people do better at amusement parks eating and drinking small amounts (plus lots of water) throughout the day. 

10.    Focus on your children: Do not leave your children on their own while you play games and ride rides. If your children are old enough to be on their own you should stay in contact by meeting at designated places and times to see how and what they are doing.  You should have fun but be responsible.  Pace yourself. 

The foregoing is found in The Safety Report – Summer 2011, Vol. 2, Ed. 3. P. 16-19 and Child Safety Techniques to prevent  Amusement Park Injuries at http://www.saferparks.org/pdf/child_safety_guidelines.pdf       

  These tips can be reviewed along with other suggestions at

           www.themeparkinsider.com/safety

 At least 44 States have regulations requiring inspection and safety enforcement.  In Indiana see: http://www.in.gov/legislative/iac/T06850/A00010.PDF?

          For other states see http://amusementsafety.org/states_beta.asp. The U. S. Consumer producer Safety Commission is authorized to investigate accidents and work with manufacturers to correct defects in carnival rides.  The State and Federal government are responsible for safety for rides in the United States.  Full burden regulatory saftey for permanent rides fall to the State government.  www.saferparks.org/regularion/

          We have successfully represented clients injured at amusement parks, carnivals, and fairs.  If you or a member of your family has been injured in an amusement park fall or carnival contact the Law Office of William (Bill) Hurst for a free consultation.  We would be happy to talk to you for free.  You may call us at (800) 636-0808 and see our website at www.BillHurst.com.  We do not charge a fee unless we win your case. 

www.indianapolisabogado.com

Eye injuries are very common and affect in excess of one million Americans every year.  There is increased litigation for the negligence doctors and clinics as well as lawsuits arising out of accidents where negligence is claimed by an injured  person causing the injury.

While eye injuries can be caused by uncommon circumstances like failed laser eye surgery, too much exposure to ultra violet rays in places like tanning salons, defective contact lenses, the majority are from ordinary car accidents and injuries that are work-related eye injuries.  Each day more than 2,000 U.S. workers seek some form of medical treatment because of an eye injury sustained at work.  More than 800,000 work-related eye injuries occur each year particularly at construction sites.  In 70% of these cases the injury is sustained by contact with an object or equipment.  The remainder for the most part were caused by exposure to harmful substances or environments.  This information was determined by the National Institute for Occupational Safety and Health (NIOSH). www.cdc.gov/Features/dsworkPlaceEye/

In an attempt to minimize eye injuries, the Food and Drug Administration (FDA) require the use of protective goggles, in many instances; e.g. tanning salons, and this requirement has lessened the amount of eye damage and injuries from that source.  The Occupational Safety and Health Administration (OSHA) and twenty-five states operating their own job safety and health programs have concentrated on programs and regulations reducing eye injuries.  It has been reported that 3 out of every 5 eye injuries in the work place was caused by the worker not wearing eye protection at the time of the accident or wearing the wrong kind of eye protection.  As the most common cause of eye injury is particles flying, and these particles are typically smaller than a pin head.  The use of mandated eye protection is the primary form of prevention on the job.  However, other injuries caused by objects swinging like tree limbs, ropes, chains or tools which are pulled into the eye while the worker was using them are usually the most severe.  These types of accidents are much more difficult to prevent despite the use of protective eye wear.   OSHA Regulations mandate that the employer ensure that employees use appropriate eye and face protection when exposed to eye or face hazards, whether it is particles, flying objects, liquids or gasses.  http://www.eyesafety.4ursafety.com/OSHA-eye-safety-regulations.html For a resource about various types of protective eye wear see http://www.eyesafety.4ursafety.com/styles.html  This website has the pictures and descriptions of the latest and safest styles of safety glasses.

 

There is a wide-array of treatments for eye injuries depending on its’ severity.   Some types of eye injuries such as deep puncture could require immediate treatment or surgery to prevent permanent eye damage resulting in vision loss.  Minor surface scratches may only need simple monitoring after initial visit to the eye doctor to make sure that complications such as infections don’t occur.  Scratched eyes or corneal abrasions are commonly caused by getting poked in the eye or rubbing the eye when a foreign body is present such as dust or sand.  While abrasions can be uncomfortable they are usually treatable.  However, as scratches can make your eye susceptible to infection which can lead to very serious eye problems.  It is absolutely necessary that the eye be cleansed and treated as early as possible even in the most insignificant injury.  If you have a scratch, you should not rub it and don’t patch the eye either, as bacteria like dark places to grow.  See your doctor as soon as possible!  If a foreign object such as a piece of metal which may penetrate the eye must be treated at the emergency center immediately.  You may cause more injury if you attempt to remove an object that has become impaled.  It should be removed and treated as soon as possible by an experienced physician.

http://www.freemd.com/injury-of-the-eye/treatment.htm 

Chemical burns occur often in the work place, and cause eye pain while others can result in serious injury.  The basic makeup of the chemical involved makes a lot of difference regarding the victims outcome.  For example acid, while it causes considerable burning can be washed out fairly easily.  An alkali burn is much more serious but may not seem so because they don’t cause as much immediate eye pain.  Some examples of alkali substances are oven cleaners and  toilet bowl cleaners.  If you have been splashed in the eye by one of these substances, put your head under a steady stream of fairly warm tap water for about 15 minutes.  Let it run into your eye and down your face, then call your eye doctor and emergency room to see what is recommended for your eye injury.  Tell the person exactly what kind of substance got into your eye.  If you know your eye is at risk, then perhaps you should immediately go your eye doctor or emergency room after you have rinsed it with water.  You can put on a cool, moist compress or icepack on your eye on the way, but don’t rub it.  http://www.webmd.com/eye-health/tc/burns-to-the-eye-topic-overview

When the eye is struck and it bleeds, it usually looks worse than it is.  These hemorrhages can occur even with a minor injury and may be limited to a small section in the eye.  The hemorrhage is painless and does not cause temporary or permanent vision loss.  No treatment is usually required.

 

 

Traumatic iritis is inflammation of the colored part of the eye that surrounds the pupil.   After an eye injury this can come from a blow from an object, and it usually requires immediate treatment.  Even with medical treatment, there is a risk of permanent or decreased vision.  http://www.allaboutvision.com/conditions/eye-injuries.htm

          Another serious injury involves orbital fractures are fractures, cracks or breaks in the facial bone surrounding the eye.  These are serious eye injuries and medical emergencies.  They are caused by a significant blunt force trauma to the eye such as getting hit by a bat, baseball, hockey stick, kicked in the face or you fall striking the steering wheel or dash in an auto accident . These are very serious and need to be treated immediately.  http://webeye.ophth.uiowa.edu/eyeforum/trauma.htm

You should treat all eye injuries as a potential emergency and never hesitate to see an eye doctor.  Don’t take risks with your eyesight.  For more information about eye injuries visit http://www.allaboutvision.com/safety/

An eye injury lawyer can help you after an accident involving serious injury to your eye caused by someones negligence.  If your injury was caused by a wrongful conduct, someone may be liable in a lawsuit.  Eye injuries are often catastrophic and may lead to partial or complete loss of vision, and thus serious disability.  Clearly those who are responsible should be held accountable for all your losses, present and future, including medical costs, wages and pain and suffering.  If the injury is severe, often expert assistance with daily living and activities may be need; and those expenses must be recovered by your attorney.

If you or a loved one has an eye injury, contact the Law Office of William “Bill” Hurst has the experience to access fully the extent of the other parties’ responsibility and to obtain fair financial compensation for you and your family.  You can call Bill for a free consultation at 1-800-636-0808 or see our website at www.billhurst.com.

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Marijuana is the most commonly used illicit drug in the United States.  It’s a dry green and brown mix of stems, seeds and leaves dried from the hemp plant, cannibus sativa.  It is generally smoked but can be mixed in food or brewed as tea.  In its more ­­­­­­­­­­­­­­diluted form, it is called “hashish”.  Scientists have learned a great deal about how marijuana acts on the brain to produce its many effects.  When smoked the active ingredient rapidly passes from the lungs into the blood stream which carries the chemical to the brain and other organs.  The drug acts on the brain’s “canniboid receptors”, setting off a series of cellular reactions that all lead to the “high” that users experience when they smoke marijuana.  The highest effect is in the parts of the brain that influence pleasure, memory, thinking, concentration and time perception.  Research into the effects of long term marijuana use on the structure of a brain has yielded inconsistent results as this article will reveal.  http://pbskids.org/itsmylife/body/drugabuse/article2.html

A recent study suggests that legalizing medical marijuana may reduce traffic fatalities. http://medicalxpress.com/news/2011-11-medical-marijuana-laws-traffic-deaths.html   The researchers (Dan Rees Professor at the University of Colorado and Mark Anderson Professor at Montana State University) conclude that legalizing medical marijuana reduces alcohol consumption and reduce traffic deaths.  It is thought that people are more wary of driving when “high” than when drunk on alcohol.  The question is which drug (when one or the other is ingested) is actually more dangerous on the road.  The answer clearly is alcohol.  “Pot” does make drivers less able to complete mindless tasks like staying in a lane, while alcohol undermines behaviors that require more attention like yielding to pedestrians or taking note of stop signs.

www.Slate.com/articles/health_and_science/explainer/2011/11/does-make-you-a-more-dangerous-driver-than-alcohol.html See also

http://abcnews.go.com/blogs/health/2011/12/02/driving-stoned-safer-than-driving-drunk/

Yale psychiatrist, Dr. Robert Sewell reviewed academic literature on driving while intoxicated in his 2009 article and found that alcohol is significantly more dangerous.  A drunk driver is approximately 10 times more likely to cause a fatal car accident than a “stoned” driver.  In most studies smoking 1/3 of a joint or less has virtually no impact on a driver’s performance.  A couple of studies even suggest that pot smokers are less likely to cause an accident than sober drivers.  http://www.ncbi.nlm.nih.gov/pubmed/21601379

Despite the foregoing, experiments testing the skills required for driving under the influence of “pot” fare significantly worse than sober drivers; but when you put them behind the wheel they perform reasonably well.  Those who have smoked moderate doses of “pot” show minimal impairment; and very experienced “smokers” show almost no deficit at all (interestingly, habitual stoners are also better at driving drunk than non-smokers).        No one is sure how to explain these results!  Participants in one study who smoked 1/3 of a “joint” perceived themselves as being impaired even though the experiments suggest they were not.  By contrast, people who had two alcohol drinks thought they were fine despite performing poorly in driving tests.  Drunk drivers drive faster, tailgate and are more reckless.  Experiments using larger doses of marijuana indicate very “high” drivers can’t stay in a lane, react slowly to yellow lights and unexpected obstacles, and are unaware of speed.  The most consistent result found in these driving studies is that using marijuana and alcohol together creates a greater hazard than taking either one alone.  Drivers who are drunk and high seem to suffer from the worst effects of both drugs.  They meander, pass recklessly, drive too fast, take unnecessary risks, and are unaware of their incapacity and put pedestrians at risk. www.slate.com\articles\health_and_science\explainer\2011\ 11\does-marijuana-make-you-a-more-dangerous-driver-than-alcohol.html

Recently the Department of National Highway Safety; and, as well, the White House Director of the National Drug Control Policy have made public statements that marijuana is a significant and important contributing factor in the growing number of fatal accidents.  Despite this warning some States (for example California) argue the possibility that relaxed marijuana laws have created more drivers who are driving under the influence of pot than previously occurring; and that this is a safety benefit.  While it is an established fact that alcohol increases a driver’s accident risk but apparently the issue as to whether pot or marijuana places drivers at risk is still a matter of controversy in the literature.  There is no question that marijuana has a measurable effect on psychomotor skills, but despite this there is a significant question as to whether or not it plays a significant role in vehicle crashes.  As noted below there is an argument that marijuana use replacing alcohol use may make the highways safer.

The United States Department of Transportation’s 1993 report is one of the first studies where the driving performance under the influence of marijuana (THC) was studied.  This study is often cited in support of marijuana usage.  In this study, subjects under high doses were seen to complete every ride without a major intervention by driving instructors and their safety was never compromised.  These tests are “set forth” in the U.S. Department of Transportation National Highway Traffic Safety Administration, DOTHS808078, November 1993 study.

http://www.druglibrary.org/schaffer/misc/driving/contents.htm

It would seem that when it comes to speed and focus,  “high” and“drunk”

drivers actually have the exact opposite reactions.  Drivers under the influence of marijuana are more aware of their impairment and generally compensate for it by slowing down and increasing focus, while drunk drivers tend to drive in a more risky manner proportional to their level of intoxication, e.i., the more drunk, the more reckless the driving becomes.  http://norml.org/library/item/cannabis-and-driving-a-scientific-and-rational-review

While driving “stoned” is difficult to regulate by law enforcement, it should be kept in mind that it is a crime in most States; and being “stoned” does cause impairment which can lead to mistakes while operating  a motor vehicle under the influence of marijuana.  You are more likely to pull out in front of someone or run a red light.   And by the way, if you get caught, you could go to jail.

If you or a loved one has been injured in an accident caused by a person driving while under the influence of drugs or alcohol make sure you discuss your circumstances with a knowledgeable personal injury lawyer.  You may contact our office at 800-636-0808.  See our website at www.billhurst.com.  We charge no fee unless we recover for you and you can consult with us for free.

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How To Avoid A Slip And Fall | Slip And Fall Prevention In Ice And Snow Conditions

        While on sidewalks or entering and exiting your car or truck in parking lots or entering a building after a snow storm you must be aware of the dangers of snow and ice.  This time of year slip and fall accidents injure  and claim the lives of thousands, often causing devastating injuries.  As a matter of fact falls of all kinds account for 300,000 injuries and 20,000 deaths a year.  Slips, trips and falls are the second most common cause of accidental injuries after automobile crashes.  Even when surfaces do not look especially icy or slippery, it is very possible that a thin sheet of transparent ice is covering your pathway putting you at serious risk. When you approach a sidewalk or roadway that appears to be covered with ice or snow, always use extreme caution.  https://www.wcfgroup.com/sites/default/files/slips.pdf       

The following checklist can help you avoid the possibility of an injury from a slip on ice/snow that could lead to an medical costs, pain, disability and even death. 

        1.     When walking use sidewalks whenever possible. If there is no sidewalk and the street is clear, and you have no other choice, walk against the flow of traffic and stay as close to the curb as possible. Avoid walking in the streets if possible.  The vehicular traffic in the area can slip and go out of control also.  If you can’t avoid the street, wear bright or reflective clothing. 
        2.     Wear clothing that does not restrict your vision.  Don’t  impair your vision with hoodies, ski masks, scarves, hats, etc. This type of clothing could prevent you from spotting slippery conditions  or prevent you from seeing  a car that is spinning out of control.

        3.     When crossing the street use extra caution  and always cross at crosswalks.  Be vigilant about the traffic around you. 

        4.     Ice can easily hide under the snow so just because you don’t see the ice doesn’t mean it’s not there.  “Black” or “clear” ice is often difficult to see and results from thawing and refreezing.  Watch the freeze/thaw cycles which causes this invisible ice.  www.en.wikipedia.org/wiki/Black_Ice

        5.     When walking on unfamiliar sidewalks or roads be vigilant, as you may not have knowledge of where potential danger exists.

        6.     If you can’t avoid walking on the ice and snow, bend your knees slightly and take slower, shorter steps to help reduce the chance of a fall. 

        7.     If forced to use the steps at someone’s home, walk slow and take shorter steps when descending. The same is true of unlevel and hilly terrain; these areas are very dangerous when covered with ice or snow. Steps especially can be hard to clear and build up ice easily. So slow down and shorten your stride.  http://www.bcforestsafe.org/walking_on_slippery_surfaces.html 

        8.     Be aware of overhead hazards! Falling icicles and chunks of ice kill innocent people each year. Icicles can build up in size very quickly. Their size and dagger-like formation are extremely dangerous for pedestrians. so be aware of what’s happening above you, and stay clear from the edges of buildings.  Property owners should post warnings in public places.   www.accuweather.com/en/weather-news/dangers-of-ice-following-snows-1/44248

        9.     Even if your hands are cold, don’t put them in your pockets when you are walking on snow covered surfaces.  If you slip, you will need your arms to restore balance or to break your fall so you can land safely.  http://www.rsa.ie/Documents/Road%20Safety/Weather/Downloads/Top_10_Safety_Tips_Avoid_Slip_Fall_Ice_Snow.pdf

10.    Wear the proper footwear. Although it may not be glamorous to

wear a pair of boots, it will give you traction, not to mention keep your feet warm. If you want to wear heels or other kinds of shoes, simply carry an extra pair with you to change in to. http://www.rsa.ie/Documents/Road%20Safety/Weather/Downloads/Top_10_Safety_Tips_Avoid_Slip_Fall_Ice_Snow.pdf

11.    If you are walking on a particularly slick area of snow or ice, explore the area with your foot to see how slippery it is before you put your full weight on the area.

  1. Don’t carry large loads while walking on snow or ice – you need your balance and arms (hands free) to protect yourself and your face.  If you carry a load on an icy walk and feel yourself falling, toss your load so that you can break your fall with your arms. 

13.    Take small careful steps instead of large ones. When getting out of a vehicle, step, don’t jump.  Parking lot slips and injury are very common.  When possible, use handrails, handles – anything that will help you keep your balance.   www.wcfgroup.com/preventing-slips-and-falls

14.    Help your elderly friends and relatives on snow and ice. Slips and falls can be extremely dangerous for seniors. If you are older, ask others for assistance. http://www.safetyservicescompany.com/blog/winter-safety-7-tips-for-winter-slip-and-fall-prevention and http://www.cmu.edu/ehs/occupational-office/workplace-safety/slip-trip-fall.html      

Remember that prevention is the best way to stop slips and falls during the winter in icy conditions.  Be sure to shovel driveways, walkways, and sidewalks. Salt high traffic areas if you think ice may form. If there are especially icy spots, place a sign to warn others of the hazard.  www.cdc.gov/Niosh/docs/2011-123/pdfs/2011-123.pdf

        When you make a claim for your injuries after a fall you will be faced with the insurance adjustor and/or attorney claiming you were at fault; e.g., slip and fall accidents are often associated with negative connotations:  you were clumsy; you are trying to take advantage of the property owner; you are making something out of nothing.  Despite this defense slip and fall accidents can be physically and financially devastating, and you deserve compensation for any serious injury caused by someone else’s negligence.   If you aren’t sure who is at fault for injuries, a lawyer will be able to help you answer that question. Your chances of winning your case improve the sooner you act, the fall can be investigated whiel the evidence is “fresh”.  You have a better chance of taking photos of the scene as it was on the day of your fall.  

Your slip and fall lawyer will examine all of the evidence before you make a claim and advise you.  If the case ends up in a trial, the jury views liability for a fall more harshly than other accidents.  This is because in every falldown case the injured party participates in the event; i.e., put their foot where they should not have.  However, in the light of the law, a property should be safe for visitors no matter who they are or what they are doing at the time of their fall. It is easy to criticize the victim by weren’t “paying attention”, but you should also ask yourself,“Would I have fallen if there had been a “warning” or care had been taken to remove hazard?                                                                                                                                                                                                                          What happens if you slip and fall on ice at a friend’s house?  Chances are your friend has homeowners insurance  to protect for injuries on his or her property. Likewise, if your friend rents, there may be renters insurance.  In general before you can sue and recover you have to prove who is liable for the accident, but the homeowners insurance policy may also provide medical benefits which will not require proof of fault for payment up to a specified limit. 

For your premises you have to use common sense to protect against slippery hazards which could cause a person to slip and sue you.  Simply be vigilant of dangerous conditions in and around your property.  Be especially careful of water, snow, and ice, which are three main causes of fall injuries. If you learn of an unsafe condition, repair it immediately – if it can be proven that you knew about a hazardous condition that you did not fix, you will be found liable if someone falls.  In general, if you care for your visitors’ safety, you will not find yourself in a lawsuit.  http://www.nationwide.com/slip-and-fall-accidents.jsp?NWOSS=slip+and+fall+accidents&NWOSSPos=1.

            If you or a loved one has been involved in an accident involving a slip and fall and you would like to have consultation with an experienced attorney contact our office at (800) 636-0808.  You may meet with William “Bill” Hurst for a free consultation and he only charges a fee if you make a recovery.  http://www.billhurst.com

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INDIANA LAWMAKERS CHANGE THE “MOVE OVER” LAW TO “MOVE IT” LAW FOR MOTORISTS COMING UPON EMERGENCY VEHICLES

 

Under IC 9-21-8 et seq, an emergency vehicle is not relieved from the duty to drive with due safety for all persons on the highway nor from the duty to exercise due care to avoid colliding with a pedestrian.  However, the emergency vehicle does have priority rights on the roadway and requires appropriate care from motorists in the vicinity of the emergency vehicle to react to the presence of the emergency vehicle.  In the even you do not appropriately react bey moving your vehicle over in accordance with Indiana law you may be ticketed for “Failure to Yield to an Emergency Vehicle”.  Yielding to emergency vehicles require a full lane change to give the emergency vehicle room to operate unless it is impossible or unsafe see Indiana Code Section 9-21-8-35.

http://www.in.gov/legislative/ic/code/title9/ar21/ch8.html

One reason and perhaps the primary reason for this recent change of this law is as a result of police officers standing on the side of the road during a road side traffic stop, being involved in accidents, or near accidents.  The frequency of this event has increased over the past few years.  As a matter of fact statistically a police officer will be more likely to be run-over or struck by a vehicle during a traffic stop than he is  to be shot or stabbed according to current Indiana State Police statistics.   As a result, and in recognition of this problem, Indiana has enacted a “Move Over” law that requires a motorist who sees a stopped emergency vehicle on the side of the road to (if they are on a four-lane road); switch lanes so they are not in the lane next to the stopped emergency vehicle.  If the motorists cannot safely get into another lane, they are required to slow down and cautiously drive past the emergency vehicle.  Emergency vehicles are defined as police cars, fire trucks, and ambulances, as well as recovery vehicles and highway maintenance vehicles.  See, Indiana Code Section 9-21-8-35.

These changes in the law were made in the last Indiana State Legislative session.  The law originally required motorists to move over to a non-adjacent lane for stopped emergency vehicles, maintenance vehicles, and wreckers on multi-lane highways; and if that action could not be completed safely than motorists are required to slow their vehicles as they pass the emergency lights.  Under the recent change Indiana motorists are now required to slow their speed down to at least “10 miles” per hour under the posted speed limit. 

In addition the foregoing, Indiana law now requires a person involved in a  car crash to move the vehicle out of the traveled portion of the roadway if possible.  This new law has faced some criticism for the reason that some believe it is not wise for those involved in a motor vehicle accident to attempt to move their cars, and may end up endangering other drivers in the immediate area in the process.

For more in depth discussion of your duties in facing a vehicle with a siren or flashing lights see our blog http://blog.billhurst.com/tag/Indiana-code/

 If you or a loved one has been involved in an accident and you would like to have consultation with an experienced attorney contact William W. Hurst or call 1-800-636-0808 and meet with him for a free consultation and our office only charges a fee if you make a recovery.

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In deciding two matters of first impression, the Indiana Supreme Court recently held that a trampoline may constitute an attractive nuisance and that a parent/landowner may be liable for injuries of a minor sustained on the parent/landowner’s property, when the parent/landowner’s minor child invites the other minor onto the property.  Click here to read the Indiana Supreme Court’s opinion in Kopczynski v. Barger.

In Kopczynski, a 12 year old girl was invited by her neighbor’s minor child to jump on a trampoline in the neighbor’s back yard and subsequently injured her knee while on the trampoline.  The trampoline was located in an unenclosed area behind the neighbor’s house and the children were jumping on the trampoline without adult supervision.

The trial court granted the parent/landowner’s motion for summary judgment on the injured girl’s claim for liability under the attractive nuisance doctrine and premises liability, determining that the girl was a trespasser and that the attractive nuisance doctrine was not applicable.  The Indiana Court of Appeals affirmed the trial court’s determination.

The Indiana Supreme Court reversed the trial court’s grant of summary judgment, holding that there is a genuine issue of material fact as to whether the injured girl was an invitee on the property, opposed to a trespasser.  Additionally, the Court used expert testimony that stated unenclosed trampolines on private property “are particularly attractive to children,” that knee injuries are a common result of trampoline use and additional testimony stating the injured girl was not warned of the dangers of the trampoline in determining that a genuine issue of material fact existed as to whether the trampoline in this case constituted an attractive nuisance.

 

At Mitchell Hurst Dick & McNelis, LLC we recommend that you check in the community, family, friends, attorneys, judges and insurance adjustors regarding our reputation for representing persons injured in accidents. 

If you have a child in your family who was injured on a neighbor’s property on some type of playground equipment, swimming pool, trampoline or something of this nature you should contact an experienced attorney.  Our office will see you for free and we will only charge if we win your case.  Contact William W. Hurst at 317-636-0808 or see our websites at www.billhurst.com or www.indianapolisabogado.com.

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