Terre Haute Personal Injury Lawyers

Drunk Driving Convictions Now Prohibited From Being Expunged

by Staff | December 30th, 2015

Each year, thousands of motorists are arrested in Indiana for driving under the influence of alcohol. What’s more disturbing, is that estimates from the National Highway Traffic Safety Administration show roughly one-third of those who are taken into custody for drunk driving have a previous operating while intoxicated (OWI) offense on their record.

Many of these repeat drunk drivers have been able to avoid harsh punishments for their actions by having their prior convictions expunged or removed from their records. However, a new ruling by the Indiana Court of Appeals has put an end to the practice.

The court found that a previous ruling to expunge an Indiana man’s OWI conviction from his record was in violation of federal law requiring the state to report all drunk driving convictions to a national database. Failure to comply with the regulation could result in Indiana losing as much as $32 million in federal funding.

Indiana Public Media reports the threat of this loss was just one reason why the Judge ruled to overturn the Bureau of Motor Vehicle’s current policy of allowing OWI convictions to be expunged from a driver’s record.

At Fleschner, Stark, Tanoos & Newlin, we believe in holding all drunk drivers accountable for their actions. That’s why our Terre Haute personal injury lawyers would like to applaud the courts for their actions to ensure a drunk driver’s history is transparent.

 

FDA Issues Warnings Regarding Hepatitis C Medications Following Drug Injury Reports

by Staff | October 28th, 2015

Federal law requires drug manufacturers to place warning labels on medications explaining the risks the products may pose; however, sometimes problems aren’t discovered until after a medication is released into the market.

For instance, the U.S. Food and Drug Administration (FDA) issued warnings regarding the risks posed by two different medications that are used to treat Hepatitis C. Officials say use of these medications can cause serious liver damage, or even death.

Reports from National Library of Medicine state at least 10 patients have died or have required a liver transplant after using the drugs Viekira Pak or Technivie. Another 16 patients developed a liver dysfunction within weeks of taking their first dose of the drugs.

In response, the FDA is recommending that patients continue taking the medications as prescribed. If a patient experiences fatigue, weakness, loss of appetite, nausea, vomiting, yellowing of the eyes or skin, or light-colored stools, they should speak with their doctor immediately as these could be signs of liver damage.

If you’ve been harmed as a result of taking medication that was prescribed to you, you have the right to seek compensation for your losses through a drug injury lawsuit. Learn more about your rights as a patient by visiting our website. Contact our Terre Haute personal injury attorneys at Fleschner, Stark, Tanoos & Newlin for a free consultation.

Two Women Suffer Serious Dog Bite Injuries

by Staff | October 2nd, 2015

An attack by a dog can easily result in serious injuries, such as lacerations, puncture wounds, nerve damage, organ perforation, and even death.

The Indiana dog bite lawyers at Fleschner, Stark, Tanoos & Newlin explain these risks were made apparent when two women were seriously injured by a pack of dogs. Reports indicate the incident happened on Oct. 1 in Cutler, Indiana, just north of Indianapolis.

The Terre Haute Tribune Star reports the women were jogging along a stretch of road. When they passed a nearby residence, four dogs charged in their direction. The pair of women ran into a field in an attempt to escape, but were caught by the animals and attacked.

The 50-year-old dog owners attempted to restrain the animals in the midst of the attack, but suffered dog bite injuries as well. The women only escaped the grips of the canines when a motorist drove into the field and allowed them in the vehicle to escape.

When a dog attack occurs, the law requires owners to restrain their animals. Any failure to do so can result in the owner being held liable. If negligence can be established, the owner of a vicious dog may be held accountable for damages. However, the process of seeking such compensation can be quite complicated.

If you’ve suffered a dog bite injury in Indiana, our Terre Haute personal injury lawyers suggest visiting our website to learn more about your potential legal options.

 

Records Show Company Hid Data Pointing to Risperdal® Side Effects

by Staff | September 2nd, 2015

For years, studies have shown the use of the antipsychotic drug, Risperdal®, caused young teen boys to develop gynecomastia—a condition in which males grow excessive amounts of breast tissue. Now, allegations have arisen that the company that manufactured the drug, Janssen Pharmaceuticals, Inc., manipulated and hid data from the public indicating the increased risk of some Risperdal side effects.

Records show that both Janssen Pharmaceuticals, Inc., and their parent company, Johnson & Jonson, were aware of the risks the drug posed as early as 2003. Allegations released in an article from MedPage Today state the companies failed to publish or provide parts of a study to the U.S. Food and Drug Administration during the medication’s approval process that indicated male patients who take the drug may face an increased risk of gynecomastia. The study was just one of 44 examining the effects of Risperdal that were overseen by the companies.

These findings have prompted the results to be reinvestigated by an independent research team; however, officials say the conclusions drawn will have little effect on how Risperdal is distributed and prescribed in the United States.

This lack of action is why our drug injury lawyers at Fleschner, Stark, Tanoos & Newlin say it’s so important to be fully aware of the risks and all your legal rights before beginning a regimen of Risperdal medication. Knowing the effects the drug can have, as well as your freedoms as a patient, could help protect your health, safety, and security.

Preventing Motor Vehicle-Related Traumatic Brain Injuries

by Staff | July 11th, 2015

It’s estimated that roughly 1.4 million people suffer a traumatic brain injury each year. Of those victims, roughly 280,000—or 20 percent—suffer their brain injury as the result of a motor vehicle crash, making car accidents the second leading cause of head trauma in the U.S. today.

A brain injury occurs when the head is jarred in such a manner that the brain makes contact with the inside of the skull. This can result in damage to the grey and white matter of the brain, which can lead to a number of side effects, including:

  • Loss of memory
  • Loss of consciousness
  • Dizziness
  • Nausea
  • Erratic changes in mood and behavior
  • Alterations in sleep patterns
  • Vision Problems
  • Cognitive and physical impairment

Luckily, there are several steps you can take in order to reduce your chances of suffering a traumatic brain injury in a car accident. An article from U.S. News & World Report offers details into what it takes to help prevent a motor vehicle induced traumatic brain injury.

At Fleschner, Stark, Tanoos & Newlin, we’ve seen the devastating results brain injuries can have on victims and their families. That’s why our Terre Haute personal injury lawyers are hopeful these tips can help keep you and your loved ones safe and out of harm’s way when on the road.

Veterans Disability Benefits Could Increase if New Legislation Is Passed

by Staff | June 12th, 2015

There are millions of former members of the American armed forces who are no longer able to work due to injuries or illnesses sustained in the line of duty. A majority of these individuals qualify for veterans disability benefits, but many still struggle to make ends meet on the meager compensation these benefits offer.

Our Terre Haute veterans disability attorneys at the law firm of Fleschner, Stark, Tanoos & Newlin point out that lawmakers are working to address these benefits shortcomings by introducing new legislation that would increase payments to disabled veterans.

An article from the Missoulian states Senator Jon Tester has sponsored a bill that calls for an annual increase in veterans disability benefits payments to be considered. Under the new law, the increase would be calculated using rates of inflation—a similar process to what is used to determine Cost of Living Adjustments for Social Security Disability recipients. If the new law is approved, it would take effect in December of this year.

This isn’t the first time Sen. Tester has fought for increases in veterans disability benefits. He sponsored a bill last year that increased payments by 1.7 percent.

Our legal staff at Fleschner, Stark, Tanoos & Newlin believe in ensuring our nation’s veterans get the benefits they need to make ends meet. That’s why our Terre Haute personal injury lawyers would like to applaud lawmakers like Sen. Tester for standing up for our soldiers’ rights.

Terre Haute Real Estate Lawyers Discuss Toxins in Homes

by Staff | May 8th, 2015

Contaminated Homes

Buying or renting a new home can be an exciting time in a person’s life; however, that excitement can quickly be extinguished if toxins contaminate the home. Our Terre Haute real estate lawyers at Fleschner, Stark, Tanoos & Newlin would like to tell you about a couple of the most dangerous contaminants that can be found in a home and what you can do to reduce your risk of exposure

Mold

There are countless strains of fungus that may be growing in a home at any given time, but exposure to one particular type—mold—could put a resident’s health at risk. Respiratory diseases and infections can occur as a result of breathing in mold, as can immune system suppression.

Controlling moisture in your home is one of the best ways to prevent mold growth. This can be achieved by sealing areas in the home that may be exposed to water. Running a dehumidifier in high-moisture areas of a home may also be beneficial.

Methamphetamine Chemicals

Indiana was second in the nation last year when it came to methamphetamine laboratory seizures. Many of these drug manufacturing operations are set up in homes and the chemicals that are used to make the drug can linger for months—even years.

According to the Indianapolis Star, the laws regarding disclosure that methamphetamine was made or used in a home are broad, so it’s crucial that you have any potential new home tested for the presence of the drug or its derivatives.

Use Precaution

At Fleschner, Stark, Tanoos & Newlin, we’ve seen the effects exposure to toxic substances in a home can have on an individual. When buying or renting a home, you have a right to know about any problems with the property, such as the presence of mold or dangerous chemicals. Our Terre Haute personal injury lawyers hope this information can help keep you and your loved ones safe.

 

Could Indiana and Illinois GMO Corn Lawsuits Be Heard In Federal Court?

by Staff | May 1st, 2015

Corn is a lynchpin in the economy and agriculture of Indiana and Illinois. So when China rejected tons of the corn grown in these states because it was contaminated with genetically modified (GMO) seeds, many landowners, farmers, distributors, and exporters experienced significant losses.

Syngenta Agrisure Viptera® MR162 Corn—a GMO seed–was marketed to corn growers as being resistant to a multitude of pests; however, the seed was not approved by one of our nation’s largest purchasers of corn: China. As a result, Chinese officials rejected all shipments of corn from the U.S. This sent corn prices spiraling out of control and leaving an overstock of corn on the market.

Many of those who were affected by the debacle in our area may have the option to file Indiana and Illinois GMO corn lawsuits. It’s important to know Syngenta is moving to have the lawsuits heard in federal court while the victims of China’s corn ban argue that because no federal laws are in question, the state courts are where the cases should be heard.

According to an article from lawyersandsettlements.com, Syngenta representatives state they believe the federal courts should make the decision in the suits because it involves an “international trade incident.”

Regardless of what forum these cases are heard in, it would be wise to speak with a legal representative about your case prior to filing a lawsuit. Our Terre Haute personal injury lawyers at Fleschner, Stark, Tanoos & Newlin say that doing so can help to ensure all your questions are answered and all the needed documentation for your case is in order.

$2.4 Billion Settlement Offered in Actos® Bladder Cancer Lawsuits

by Staff | April 29th, 2015

Actos® is a medication that has been used to treat diabetes in thousands of Americans. Unfortunately, studies have shown the drug is linked to an increased risk of the patient developing bladder cancer.

In 2011, the U.S. Food and Drug Administration required the company that manufactures the drug, Takeda Pharmaceuticals, to update the label of the product to include a warning to patients about the increased Actos® bladder cancer risk; however, it was already too late for many users who had already developed the disease.

Many of the patients who developed cancer as a result of using Actos® filed lawsuits against Takeda, claiming the company had kept the risks associated with the drug hidden from consumers. Several of the cases went to trial with mixed results. Just yesterday though, it was announced that Takeda Pharmaceuticals is offering to settle a majority of the roughly 9,000 pending lawsuits for a total of $2.4 billion.

The New York Times released an article stating Takeda was not found liable as part of the settlement and admitted no wrongdoing.

The settlement will only be finalized if 95 percent of the victims agree to its terms.

At the law firm of Fleschner, Stark, Tanoos & Newlin, we’ve seen the struggles the victims of Actos® bladder cancer have faced in their journey to justice. That’s why our Terre Haute personal injury lawyers hope the settlement brings a sense of closure to each of the victims who have suffered because of taking this particular drug.

April is Distracted Driving Awareness Month in Indiana

by Staff | April 24th, 2015

Distracted Driving by the Numbers

Distracted driving continues to be a major issue along roads and highways in The Hoosier State. Data from the U.S. Department of Transportation shows that an inattentive driver causes roughly 17 percent of all crashes that result in an injury. The Terre Haute car accident attorneys at Fleschner, Stark, Tanoos & Newlin point out that means more than 421,000 people were hurt as the result of distracted driving last year alone.

Driver Inattention Causes Indiana Truck Accident

To put into perspective just how common distracted driving accidents are in our state, reports indicate that blame for a recent Indiana truck accident is being placed on an inattentive driver. Records show the crash happened on Wednesday, April 15, along I-65 outside of Indianapolis.

According to The Indianapolis Star, the 35-year-old driver of a tractor-trailer was “messing with the radio” in his truck when he drifted off the highway and struck an abandoned car.

Fighting Distracted Driving in Indiana

Accidents like these have prompted many to take action to put an end to distracted driving in Indiana. State officials have declared the month of April Distracted Driving Awareness Month. As part of the campaign, teens are being encouraged to partake in the Drive Now, TXT L8R social media contest. The contest challenges our state’s young people to create viral social media content that brings the dangers of distracted driving into perspective for their peers. Cash prizes will be awarded to winners.

Our Terre Haute personal injury lawyers with Fleschner, Stark, Tanoos and Newlin hope you’ll also choose to get involved with battling distracted driving by pledging not to use your phone or other electronic devices while operating a motor vehicle.