Articles Posted in Uncategorized

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We are at the peak of the summer vacation season.  Families everywhere are packing up the car before journeying across America to see the sites while creating lasting memories before the kids head back to school.

Whether you’re just headed to Grandma’s house in southern Indiana or taking a longer trek to Mount Rushmore, the Grand Canyon, or Niagara Falls, it’s critical you first make sure your car is up for it.  So, we ask, when’s the last time that vehicle of yours had a good check-up?

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In doing our research for this article, we naturally called upon AAA.  It’s no surprise that they had some helpful tips for staying safe on your summer motor adventures: Continue reading →

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Even though the Indianapolis-based National Collegiate Athletic Association (NCAA) outlined strict guidelines to prevent concussions among athletes at the college level, lawsuits continue to mount against the nation’s biggest governing sports body.

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In June (2016), the family of Zack Langston, a former college linebacker at Pittsburg State who killed himself in 2014, filed a lawsuit against the NCAA, blaming its handling of concussions. Langston allegedly suffered more concussions at Pittsburg State.

The federal lawsuit filed in Kansas City, Kansas also names the Mid-America Intercollegiate Athletics Association, the league that includes Division II’s Pittsburg State, where Langston played from 2007-2010.

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Who ever thought that a seemingly gentle and harmless product that has been used on babies for generations is turning out to have such harmful consequences?

We continue the saga into Johnson & Johnson’s recent woes and lawsuits.

Early this month, a jury in St. Louis awarded a Virginia woman a record-setting $110.5 million in the latest lawsuit alleging that using Johnson & Johnson’s baby powder caused cancer.  We first reported on the baby powder crisis months ago.

jj-ads-300x200The ruling is the fourth jury verdict to go against Johnson & Johnson in cases in which women claim to have developed cancer after using its talc-based products for feminine hygiene purposes.

In February 2016, a jury awarded Jacqueline Fox, of Birmingham, Alabama, $72 million, finding the company guilty of negligence, conspiracy, and fraud.  Altogether, juries have awarded plaintiffs $197 million to women who say they were harmed by Johnson & Johnson’s talc products.

All three awards are now being appealed.

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‘Tis the season for firing up the barbecue to enjoy some delicious sizzling steaks, burgers and dogs in the backyard with family and friends.  The last thing we want to do is to put a damper on your summer picnic.

Yet, some reminders are in order.  These are things we often don’t think about during these fun times with food and drink.

First, this common tool has been in the news before, and again just recently.  The wire grill brush.  Harmless enough, right?  Not so fast.

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An estimated 1,700 Americans went to an emergency room between 2002 and 2014 after having ingested wire bristles hidden in grilled food, according to a study published in the medical journal Otolaryngology-Head and Neck Surgery.

 

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Let’s pretend that you had a medical device implanted into your body a few months ago – perhaps a pacemaker or maybe a new hip.  Ever since the surgery, you just haven’t felt right and the implant doesn’t seem to be doing what you thought it was supposed to do.

You go back to the doctor and you cannot seem to get any satisfaction to remedy your issues.  You happen to discover that the device you recently received has been recalled.

This does not necessarily mean that your doctor or medical provider has committed malpractice.  In fact, a very small percentage of cases end up in the category of malpractice.  There are many factors involved and a lot of information required before a case of malpractice is determined, including legalities. Simply, it takes a lot of time to build a case.

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For those reasons, if you suspect malpractice on the part of your doctor or medical providers, we strongly urge you to see us at Theodoros & Rooth right away – before any more time goes by.

There are statutes of limitations that apply to all injury cases, which act like deadlines to file your lawsuit.  If you do not file a lawsuit on time, it is highly likely that the court will dismiss your case, even if it is meritorious.   It’s not all that simple as there are a lot of other factors to consider, but realize it’s a good rule of thumb to get started as soon as possible, especially when the evidence is fresh and more easily available.

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We hear so much bad news about the risks of personal injury at home, on the highways, on bicycles and while boating in the summertime, that it’s refreshing to report some good news for a change.

 

According to the latest statistics from the Indiana Department of Labor, workplace injuries fell 5 percent in 2015 in Indiana. Even though we’re well into 2017, it always takes a while for complete statistics to be compiled.

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The year is now tied with 2013 as the year with the lowest on-the-job injury rate since the federal government began recording 25 years ago.  According to the Indiana Department of Labor, 3.8 people per every hundred were injured or contracted work-related illnesses last year.

A report from Indiana Public Television notes that The Indiana Department of Labor claims that the lower injury rate is a result of a concerted effort on many fronts.   DOL Spokeswoman Amanda Stanley says this includes, “Organized labor, trade organizations, safety councils, and basically everybody taking the safety of Hoosiers in the workplace seriously and doing everything they can with those cooperative relationships.”

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One of the most popular cosmetic procedures these days is breast implant surgeries. Breast augmentation is the second most popular cosmetic procedure among women, after liposuction. More than 300,000 procedures were performed in 2015.

The procedure is generally safe but the Food and Drug Administration announced late last month (March 2017) that these implants can cause a rare form of cancer that may have killed at least nine people.

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The cancer is called anaplastic large cell lymphoma (ALCL) and the FDA is checking into more than 350 reports linking it with both silicone and saline breast implants.

Considering the frequency of the procedure, the chance of getting this cancer is very rare even with 300 cases over 10 years or longer.   What’s more, the FDA says, like many other cancers, it can be treated if caught early enough.

 

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So do you think you can keep your child safe from concussions and other injuries by enrolling him (or her) in a flag football league rather than tackle?  You might reconsider.

A report released in February from the University of Iowa show that flag football is not safer.

The abundance of news over the years about the long-term effects of repeated head injuries from the pro to the youth level has generally concluded that children under the age of 12 should not participate in contact sports such as tackle football.

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The UI researchers studied three large youth football leagues with almost 3,800 participants. The research team compared the number of injuries, severe injuries, and concussions in players competing on flag football teams and tackle football squads.

 

 

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I hope you enjoy this nice story about what myself and a few cohorts like to do in our “spare time.”  Thanks to Eloise Valadez from the NW Indiana Times for writing this. 

For a group of local doctors and lawyers, music is a wonderful diversion from their hectic, professional work lives.

Barry Rooth, Michael Gideon, Gus Galante, Jeremy Willett, Tom Levin and Michael Brody are blending their non-medical talents together in the band The unProfessionals.

“We didn’t always have a full band. Tom (Levin), had a drum set in his basement and we used to get together every once in a blue moon and play. Different people would come and go,” said vocalist Michael Gideon, during a recent interview at the Halls of St. George. The group was preparing for a recent show at the Schererville venue.

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The band members said they started playing simply for fun. The unProfessionals has been together formally for about a year and have only had a few gigs during the past year. The band’s Halls of St. George donated performance was for The Taste of the Region charity event.

Jeremy Willett, a medical attorney, said he got involved in the group about a year ago when Gus Galante was looking for someone else to help fill out the band. Willett plays bass, plays a little guitar and keyboards and does a bit of singing.

“I thought I’d give it a try,” Willett said.

Galante, who is a plastic surgeon, said after just jamming in Levin’s basement, the group members felt they wanted to do a little more with their musical project.

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It seems like Johnson & Johnson, famous for its baby powder used worldwide for decades, is beleaguered with lawsuits as of late.

In early December, a jury in Texas awarded six patients $1 billion in punitive damages for serious complications resulting from a hip replacement device manufactured by a subsidiary of Johnson & Johnson.

In May 2016, Johnson & Johnson suffered another costly loss in less than three months over claims that their talcum based baby powder caused cancer. More cases are still pending over similar claims.

Now, an Indiana man has filed another lawsuit in New Jersey against the giant pharmaceutical company claiming that he “suffered substantial injuries and damages” from the hip implant made by DePuy, a subsidiary of Johnson & Johnson, which manufactures surgical joint replacements and other medical devices related to spinal- and sports-related injuries.

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The suit alleges DePuy’s metal-on-metal version of the product, which is the second line of the hip replacement implants, is defective and allows for metal particles to make their way into the recipient’s bloodstream and tissue.

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