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My Child Was Injured: What Indiana Parents Need to Know About Filing a Personal Injury Claim

| Mar 18, 2013 |

If your child has been seriously injured due to someone else’s negligence, you are likely dealing with a frightening mix of medical decisions, insurance calls, and unanswered legal questions. Indiana law treats injury claims involving children differently than adult claims in several important ways – and understanding those differences can protect your child’s rights and your own. 📋 Key Takeaways…

Indiana Bill to Set Dietician Standards

| Mar 18, 2013 |

Unlike most states, Indiana dieticians can currently practice without a license. But soon that may change. House Bill 1272 has passed the House and is currently being reviewed by the Indiana Senate. If it passes there it will be the first state-wide framework for dietician standards in Indiana.The bill would require registered dieticians to file for and maintain a valid…

Plaintiff May Sue Manufacturer of Name-Brand Prescription Drug for Injury Allegedly Caused by Different Company’s Generic Drug

| Feb 28, 2013 |

Conflicts between state and federal laws governing prescription drugs led the Alabama Supreme Court to rule that a plaintiff allegedly injured by a generic drug may sue the manufacturer of its brand-name equivalent. In re Wyeth, Inc., et al v. Weeks, No. 1101397, slip op. (Ala., Jan. 11, 2013). Because the plaintiff’s claim alleged deficiencies in the warning label, and…

Two Killed in Indianapolis Ambulance Crash

| Feb 25, 2013 | ,

We extend our condolences to the families of two Indianapolis medics who died from injuries sustained in an automobile accident in the early morning of February 16, 2013. These were reportedly the first fatalities in an on-the-job vehicle collision in the history of Indianapolis EMS. The accident happened at approximately 3:37 a.m., according to local news station WTHR, at the…

Motorcyclist Awarded Benefits from Underinsured Motorist Coverage by Court

| Feb 14, 2013 | , ,

A motorcyclist who suffered severe injuries in a traffic collision may collect underinsured motorist benefits under several policies, the Missouri Supreme Court’s ruled in Manner v. Schiermeier, No. SC92408, slip op. (Mo., Jan. 8, 2013). The court rejected the argument of the two defendant insurers that exclusions for “owned vehicles” precluded coverage of the plaintiff’s vehicle. It found that neither…

Appellate Court Affirms Judgment in Defendant’s Favor in Pharmaceutical Products Liability Lawsuit, Citing Lack of Expert Testimony

| Feb 8, 2013 | , ,

An appellate court ruled in favor of a pharmaceutical company in an appeal of a summary judgment order and a jury verdict in a multi-district products liability lawsuit. Secrest v. Merck, Sharp & Dohme Corp., part of In re: Fosamax Products Liability Litigation, No. 11-4358-cv (2nd Cir., Jan. 30, 2013). The Second Circuit affirmed a district court’s order granting summary…

First Amendment Protects Pharmaceutical Sales Rep’s Off-Label Promotion of Drug, Court Says

| Jan 30, 2013 | ,

A pharmaceutical sales representative’s conviction for conspiracy to introduce a misbranded drug into interstate commerce violated his rights to free speech under the First Amendment, according to the Second Circuit’s ruling in United States v. Caronia, No. 09-5006-cr, slip op. (2nd Cir., Dec. 3, 2012). The court held that the representative’s speech, consisting of the off-label marketing of a drug,…

Compounding Pharmacies Face Added Scrutiny in Wake of Meningitis Outbreak

| Jan 26, 2013 | ,

A nationwide outbreak of fungal meningitis, traced to medications from a Massachusetts compounding pharmacy, has prompted lawmakers and others to propose strengthening oversight and regulation of compounding pharmacies around the country. These pharmacies currently have no consistent system of federal oversight, although state governments have a wide range of regulations intended to promote drug quality and patient safety. Indiana’s Board…

Parents Sue Indiana School, Alleging Negligence for Failure to Prevent Sexual Abuse of Child by Other Students

| Jan 24, 2013 | , ,

The parents of an eight year-old child have filed suit against the child’s school, alleging negligence and violations of their child’s statutory and constitutional rights. Doe v. Ball State University, et al, No. 18C01-1208-PL (Circuit Court No. 1, Delaware County, Ind., Sept. 28, 2012), removed to No. 1:12-cv-01464 (S.D. Ind., Oct. 10, 2012). The suit claims that the school negligently…

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