Public Citizen is a consumer watchdog group that works long and hard to protect Americans with programs to advocate for affordable, clean, and sustainable energy; to insure auto and highway safety; and to fight for patient safety – which includes making doctors accountable for their mistakes and bad acts.

This week, Public Citizen released its yearly report on how well or how bad the various states are doing in monitoring the doctors licensed in their states, and in taking disciplinary actions against doctors when the need arises.  You can read the Public Citizen Physician Accountability Report for 2012 online here.

Are You and Your Loved Ones at Risk of Medical Malpractice? Yes.

From the Public Citizen research and investigation into 2011 physician actions and state medical board data, we know the following:

3.06 doctors out of every 1,000 were subjected to serious disciplinary actions by state medical boards: Public Citizen suggests that the low numbers mean that doctors are not getting disciplined as they should be by the state authorities.

The best states to practice as a bad doctor?  Public Citizen’s Worst 10 list is:

• South Carolina
• District of Columbia
• Minnesota
• Massachusetts
• Connecticut
• Wisconsin
• Rhode Island
• Nevada
• New Jersey
• Florida.

Medical malpractice is real. Doctors make mistakes that cause serious harm and sometimes the wrongful death of their patient.  Let’s hope that the hard work of watchdog groups like Public Citizen prod those responsible in protecting us – like state medical boards – into doing more to keeping us all safe.

More news that should serve as a warning to the American public that the products that they buy on their grocery store shelves and that they purchase as over the counter drugs or as prescription medicine should not be blindly trusted: it seems that the Food and Drug Administration (FDA) has just been sued by six doctors and scientists – all former employees of the FDA.

Why?  These top professionals have filed a lawsuit because they have found out that the FDA was spying on these doctors’ and scientists’ personal email accounts (Gmail).

Seems that the FDA was interested in reading the personal emails of these Six FDA Employees because these six individuals had had the courage to tell members of Congress that they were concerned because the FDA was going ahead and approving products which these six FDA employees thought were NOT SAFE.

Media investigations have occurred and now, the news stories include the release of federal government documents confirming that the personal emails were monitored, and for a long time, too.  Apparently, according to a Washington Post expose, the FDA employees’ personal email accounts were being spied upon for over two years.

Here, though, the big news isn’t a media scoop.  Here, these six courageous individuals haven’t just voiced concerns to Congress — now, they’ve gone and filed a civil lawsuit in federal court based upon the sneaky behavior of the FDA.   They are claiming damages to their careers because of what’s happened, among other things.

It’s going to be more of a right of privacy case more than a fight over whether or not those products are indeed unsafe.  The safety of the products are not the focus of this litigation (but should be a very, very big lesson to us all).

Was the constitutional right to privacy guaranteed by the U.S. Constitution violated when the FDA instituted surveillance on its own employees?  (The FDA, of course, will argue no; that by using the work computers, these folk couldn’t have any reasonable expectation of privacy.)

Bottom line, products liability laws exist in Indiana and Illinois and every other state in the union because all too often, Americans are hurt or killed by products (food  and drugs among them) that they have legitimately purchased at a store with the expectation that the product is safe to use.   Americans cannot depend upon manufacturers, distributors, sellers, etc. to protect them from dangerous products.   Unsafe products are put into the marketplace all the time.

Now, the Federal and Drug Administration’s dependability and integrity has been called into question by this agency spying upon employees who were whistleblowing about product safety to members of Congress.

If you or a loved one has been hurt or injured or even suffered a wrongful death because of food or drugs or medication — then your most solid and dependable avenue of justice remains with the personal injury system of  justice and filing a products liability lawsuit under state law.

The Occupational Safety and Health Administration knows better than most how truly dangerous this record-breaking heat wave is for those who work outside – and after issuing warnings and helpful tips on combating heat exposure and heat stroke, people on the job and at work are still succumbing to the heat, turning up in Emergency Rooms or in job-site calls to EMS after they’ve been harmed by heat.

Mobile App To Protect Workers from Heat-Related Illness

Today, Hilda L. Solis, Secretary of Labor, announced that the federal government is providing a free application for phones which gives both workers and their employers the ability to check the job site’s heat index from their phone.

It is available in English and Spanish, and was designed by combining various heat temperature data from the U.S. National Oceanic and Atmospheric Administration with the phone’s location to provide the job site’s heat index.

The app is designed for devices using an Android platform (go here for details on Android phones), and versions for BlackBerries and iPhones are on their way. To download the heat index phone app, go here.

Workers In Danger from Heat in Two Ways

As OSHA explains to employers on its website, workers on the job can get overheated and at risk for heat injury because of two heat sources hitting them at the same time:

1. the environmental conditions in which they work (external heat) and
2. the internal heat generated by physical labor (internal heat).

Workers on the job in high temperatures will still build up heat inside their bodies as they exert themselves physically. Heat-related illnesses and wrongful deaths happen when supervisors aren’t protecting their crews from hot temperatures.

When a worker’s body is not able to lose enough heat that has built up internally (sweating, breathing heavily, etc.) to balance the heat generated by the outside temperatures, then he or she can suffer from heat exposure, heat exhaustion, heat stroke, and death.

Heat Sneaks Up On Workers – Careful Monitoring Is Needed, This Phone App is a Good Thing for Supervisors to Have

No one can trust their body to let them know when the heat is getting to be too much for them; that is one of the dangers of heat exposure: it creeps up on you. Having the ability to check your phone at work, to monitor the heat index and then act accordingly: get in the shade for awhile, drink some water, is important.

Workers need to be able to protect themselves even when supervisors aren’t — better a legal fight later over an employee being fired or held insubordinate for avoiding heat stroke than a negligent employer letting his crew members get sick, seriously injured, or killed because he didn’t take the dangers of heat seriously.

“Summer heat presents a serious issue that affects some of the most vulnerable workers in our country, and education is crucial to keeping them safe,” said Secretary Solis. “Heat-related illnesses are preventable. This new app is just one way the Labor Department is getting that message out.”

Adds Assistant Secretary of Labor for OSHA Dr. David Michaels, “OSHA’s prevention message is clear: Water. Rest. Shade. These are three little words that make a big difference for outdoor workers during the hot summer months.”

Legal Remedies for Workers Hurt or Killed By 2011 Heat Exposure on the Job

If workers aren’t protected by their employers from heat related injuries, then they have legal remedies under worker’s compensation and other laws. If a tragic death should occur due to heat stroke or other heat-related illness, then Wrongful Death actions are available to the surviving loved ones under Indiana and Illnois law.

Hopefully, these new free phone aps will help employers and supervisors do the right thing in the future and protect their people and not their profits. It’s been really, really hot out there this year.

Today, the American Trucking Association issued a press release that gives the safety tips that the “America’s Road Team Captains” have devised, offering safety tips on driving the highways this Holiday Weekend, given their years of experience and their ranking as the country’s elite drivers of large commercial vehicles.

As a law firm representing plaintiffs who have suffered serious injury or wrongful death in all manner of roadside tragedies (car accidents, motorcycle accidents, big rig crashes, SUV wrecks, minivan accidents, etc.), all efforts to educate the public on safety measures and to warn American citizens on the dangers that can be particular to a holiday weekend like the Fourth of July holiday we are all about to enjoy is to be applauded.

America’s Road Team is made up of the top truckers in the country.  These drivers know what it means to drive American highways – and here’s what they have to suggest:

1. Prepare your vehicle for long distance travel – Check your wipers and fluids. Have your radiator and cooling system serviced. Simple maintenance before you leave your home can prevent many of the problems that strand motorists on the side of the road.
2. Properly inflate your tires – Properly inflated tires can save up to 4 percent in fuel mileage, while over inflation can lead to tire failure. Keep your vehicle running smoothly and efficiently by routinely checking your tire pressure.
3. Drive the speed limit – Lower speeds not only save money at the pump, they make you safer on the road. By maintaining a constant moderate speed, drivers can save up to 30 percent on fuel and are better able to react to road conditions and other drivers – so slow down!
4. Large Trucks Have Blindspots – Be aware that tractor-trailers have large areas around their trucks where cars are not visible. If you can’t see the truck driver in his or her mirrors, then the truck driver can’t see you.
5. Keep extra water in your vehicle – Just as you keep a winter driving kit in your vehicle, it is important to be prepared when driving during the summer months. Keep plenty of extra water, sunscreen and non-perishable snacks in car in case you are stranded.
6. Wait until parked to use cell phones – Driver distraction is a major cause of traffic accidents. Even just two seconds of distraction time doubles the chances of an accident.
7. Do not cut in front of large trucks – Remember that trucks are heavier and take longer to make a complete stop, so avoid cutting quickly in front of them.
8. Honor the Right of Way – On entrance ramps, remember highway traffic has the right of way; maintain proper speed, use smooth merging techniques, and don’t slow down in front of a truck.
9. Road side emergency – Understand that big trucks cannot always stop to assist you, but most will use their radios to contact the police or highway patrol if they see you are in trouble.
10. Save fuel – To save fuel, take direct routes, minimize side trips, and keep a steady speed. Further, a well-tuned engine, properly inflated tires and reduced speed will result in noticeable fuel savings.

Have a Safe and Happy Fourth of July!

If you or a loved one has been seriously injured or killed due to the wrongful acts of another, then you may have a legal claim for legal damages as well as the right for justice against the wrongdoer and you are welcomed to contact the Northwest Indiana and Chicagoland personal injury lawyers at Kenneth J. Allen & Associates to schedule a free initial legal consultation.

For the convenience of its clientele, Kenneth J. Allen & Associates offers five offices to serve those located in either the states of Illinois or Indiana.

Yesterday, the Environmental Protection Agency (EPA) released the names of 150 chemicals that have been involved in over 100 health and safety studies (there were concerns over their safe use); these were chemical studies that had been protected from disclosure, kept from the public under a “confidential” label before now.

The EPA has done this as part of the Obama White House’s continued word toward greater transparency in federal actions, and the EPA itself labeled yesterday’s release as“unprecedented.”

What has been done? In 104 studies, the EPA will no longer allow the chemical identity to be omitted. These studies involve chemicals used in common and popular consumer products like air fresheners and non-stick and stain resistant materials along with fire resistant materials, nonylphenol compounds, perfluorinated compounds, and lead.

Online Chemical Data Access Tool Available to the Public

The agency has also given the American public free online access to the consolidated Toxic Substances Control Act (TSCA) Inventory on its own website as well aswww.Data.Gov.

Called the “Chemical Data Access Tool,” anyone can go to the EPA site and input anything found in an ingredients label to learn details about that chemical and whether or not there are concerns about its safety in use.

If you or a loved one has been seriously injured or killed due to the wrongful acts of another, then you may have a legal claim for legal damages as well as the right for justice against the wrongdoer and you are welcomed to contact the Northwest Indiana and Chicagoland personal injury lawyers at Kenneth J. Allen & Associates to schedule a free initial legal consultation.

For the convenience of its clientele, Kenneth J. Allen & Associates offers five offices to serve those located in either the states of Illinois or Indiana.

The cat is out of the Food & Drug Administration’s bag:  the media is reporting that only around 50% of drugs approved as safe for Americans to take were ever submitted to comparative effectiveness testing at the time of their approval by the FDA, and approximately 75% of these new drugs had this information available where alternative treatment options existed.

This information was revealed in an article published in the Journal of the American Medical Association (JAMA), appearing in  its May 4, 2011 issue: Nikolas H. Goldberg, Sebastian Schneeweiss, Mary K. Kowal, Joshua J. Gagne. Availability of Comparative Efficacy Data at the Time of Drug Approval in the United States. JAMA, 2011; 305 (17): 1786-1789 DOI: 10.1001/jama.2011.539.

What does this mean?

As the Citizens Commission on Human Rights International points out this week in an article from Natural News entitled, “FDA approved Big Pharma drugs without effective data,” the FDA approved a huge (HUGE) amount of drugs for all of us to trust and take when they didn’t have the proper data to support that decision, specificially “comparative effectiveness data.”

Comparative effective data, the article explains, compares the new drug against other treatments to determine which is best. Which is safer? Which works best? In other words, is the Big Pharma drug the best one for the particular problem that the person is experiencing?

If that hints that profit would be impacted by this, you’re right.

It sounds like something from a Three Stooges movie, maybe a Saturday Night Live skit:  you’re driving along and the steering wheel falls off in your hand.  Or the air bag deploys as you’re cruising along the freeway.  Except that it’s not a comedy on screen.  It’s really happening, right now, in America today.

Ford F-150 Pickup Trucks: the Airbag Can Blow Up (Inflate) As You Are Driving

Ford F-150s are very popular pickup trucks and have been for years.  Earlier this year, Ford Motor Company issued a voluntary recall of its 2005 and 2006 models of the F-150 trucks, recalling around 144,000 vehicles, because the airbags in these models had problems:  short circuits could result from faulty wiring, resulting in the airbags to pop without warning or need — and of course, a surprise of an inflating airbag could cause wrecks and serious injuries and wrongful deaths.

However, the National Highway Traffic Safety Administration (NHTSA) has checked into the F-150 Airbag issue and isn’t happy with what Ford has done.  Seems the federal regulators suspect that as many as 1,300,000 Ford F-150 pickups have flawed airbags in them.  Lots more than 144,000.

In January 2011 the NHTSA wrote Ford, suggesting that the company go ahead and expand its recall to 1.3 million vehicles. Ford hasn’t done it.  Ford stubbornly argues that this isn’t a “defect” and that the NHTSA is being a Nervous Nelly.  In response, theNHTSA is pointing to its two-year long investigation (begun in 2009), where it’s found 269 of these Ford F-150 surprise airbag deployments, along with one accident and 98 injuries that have included bone fractures, burns and tooth damage.  NHTSA expects these numbers to rise unless Ford does something.

The Chevy Cruze Has a Steering Wheel That Can Fall Off While You’re Driving

Meanwhile, over at General Motors, another popular vehicle has proven itself to be dangerous and in need of recall by the manufacturer.  The Chevy Cruze has a similar scary problem, from the driver’s perspective:  the steering wheel can come off in your hand, while you’re driving. Only one such actual horrific event has happened so far, according to the car maker, and they’ve issued a voluntary recall to fix things.

Americans Cannot Blindly Assume Their Vehicles Are Safe to Drive

Bottom line:  you cannot trust your vehicle to be safe to drive. Even if you’ve been driving it for several years, like these Ford truck drivers.  Check www.recalls.gov.  Check with your dealership. And if you’ve been injured or had a loved one suffer a wrongful death due to a defective product, then call a lawyer.  There are laws on the books not only to seek justice for you, but that work toward getting unsafe products out of the American marketplace.

Because, rest assured, part of the reason that Ford doesn’t want that “defect” label is because of concerns about a future lawsuit where it will be held financially accountable

Drug distributors are forecasting industry growth in this recessionary climate, theIndyStar reports today.   Indiana, take note: here’s a market with good economic predictions.  Something our part of the country could really use right now, right?

Read the story, and you’ll find the drug marketing gurus are almost gleeful in their descriptions of rising “prescription volume” and the dependable strength of both ” generic dispensing” and “mail-order volume.”  2011 is going to be a good year for these guys.

Which makes this week’s news release by the Center for Disease Control and Prevention even more important – and disturbing.  According to the CDC (read the report here), drugs are the cause of more deaths in the United States today than guns or alcohol.  And by drugs, the CDC isn’t referencing solely illegal drugs like cocaine or crystal meth.  No.  Drugs like prescription drugs and over the counter medicines are responsible for a shocking number of human fatalities in this country.

The danger of drug induced deaths aren’t new to Indiana’s state government.  In March 2008, the Indiana Center for Policy released its own report on the dangers of drug-related deaths (read the report here).  This hits home, folks.

People in our community are at risk for serious injury or death from drugs that are purchased over the counter at WalMart or CVS or any other store as well as those that are prescription drugs given by a trusted health care professional.  Of particular concern: pain medications like Oxycodone.

Meanwhile, the drug companies are looking to make bigger and bigger profits now and in the future.  Remember, Big Pharma is a for-profit industry: its goal is monetary growth.  These are not entities built to serve charitable purposes and many of us tend to forget this – to our detriment.

Remember: drugs aren’t safe.  Drugs can kill you or a loved one.  Be careful and be sure to get help if you believe that you or a loved one may be having a detrimental reaction to any drug or medication.  Get medical care.  And if a tragedy happens, consider the laws on the books of Indiana and the federal government that exist to protect against defective products and wrongful death.

Earlier this month, on November 3, 2010, the United States Supreme Court heard oral arguments in the wrongful death case of Williamson v. Mazda Motor of America, Inc.(hear the oral argument online here). This case is very important to us all because it may well mean that citizens can sue car manufacturers for personal injury and wrongful death even if the cars involved in the accidents technically met federal safety law requirements.

The Williamson lawsuit originates in a 2002 car crash where Thanh Williamson, 32, died while wearing a lap seat belt in a Mazda 1993 MPV minivan. Mazda’s defense is that Williamson was seating in the center position of the rear passenger seat and at the time, the car maker was only required to provide a lap band for this spot per National Highway Traffic Safety Administration (NHTSA) regulation.

And, that’s true. The 2000 federal regulations did not require that spot to have a shoulder strap seat belt. However, if one had been provided, Williamson probably would be alive today. And, if the crash had occurred in a minivan manufactured in 2007 or later, that seat would have had more than a lap belt: NHTSA changed its regulations to require this safety feature five years after Ms. Williamson died.

Will the High Court find that federal law preempts state law and rule for Mazda? Will the Supreme Court Justices rule instead that American citizens shouldn’t have to face federal law shields by car manufacturers in wrongful death personal injury lawsuits?

Time will tell. Expect a decision sometime in Spring 2011.

During your next visit to the local supermarket, do not be surprised if you are unable to purchase all the items on your list. Just recently the Department of Agriculture announced the recall of Campbell Soup Company’s SpaghettiOs with Meatballs and ConAgra’s Marie Callender Cheesy Chicken and Rice frozen meals.

Although there have not yet been any reported illnesses resulting from the undercooked SpaghettiO’s, the Centers for Disease Control and Prevention (CDC) reports that as many as 29 people in 14 different states have suffered salmonella poisoning as a result of consuming the Marie Callender product.

This is not ConAgra’s first time in the news. Less than three years ago, the company was slapped with numerous lawsuits when its Peter Pan brand peanut butter waslinked to over 600 cases of salmonella poisoning. Kenneth J. Allen & Associates, P.C. represents Krystina Brugh of Lowell, Indiana in one of these cases. The 11year-old became infected with salmonella and eventually suffered kidney failure as a result of the contaminated peanut butter. Attorney Kenneth Allen said that the contamination resulted from inadequate inspection, questionable testing and unsanitary procedures.

The CDC warns that salmonella can be very severe and even deadly. Young children, the elderly, and individuals with weak immune systems tend to be more susceptible to the illness, which can last for as many as 7 days.

The CDC says that it has partnered with the United States Department of Agriculture and the Food and Drug Administration, as well as state and local health departments in tracking and identifying new cases and that it continues to investigate the outbreak. Given the recent outbreak, the CDC recommends to avoid the affected products and to contact your health care provider immediately should you consume the products and become ill.

The Food and Drug Administration (FDA) recently warned the public that those taking the drug orlistat for weight loss, marketed under the names of Xenical™ and Alli™, are at risk for serious injury to their liver and severe liver damage.

Xenical™ is only available with a doctor’s prescription; however, Alli™ is sold over-the-counter without a prescription.

Alli is the Subject of Huge National Marketing Campaigns

Alli™ is heavily marketed in this country via both print and television advertising. Millions of dollars have been, are are being, spent to promote Alli™ as a great weight loss tool.

Wynonna Judd was recently named its product spokesperson, and a new campaign was implemented to avoid the reputation Alli™ was receiving for a notorious side-effect: loss of bowel control.

The FDA estimates that 40,000,000 people have taken orlistat as either Xenical™ orAlli™.

The Food and Drug Administration confirms 13 cases of severe liver injury, 12 occurring outside of the U.S. (the single U.S. case involved Alli™). One wonders how many more of those 40 million folk may also be suffering from damaged livers, as yet unreported by the FDA.

Signs of Possible Liver Damage

If you or a loved one is taking Xenical™ or Alli™, then you should watch for the symptoms of liver damage, i.e., itching, yellow eyes, yellow skin, dark urine, loss of appetite, and light-colored stools. Anyone experiencing these symptoms should seek medical attention for their health care provider.

On May 27, 2010, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued its second fine over $1 million within the last month. The South Dakota Wheat Growers Association of Aberdeen, South Dakota was fined $1.6 million for 23 willful violations after the December 2009 death of a worker at one of the company’s grain handling operations. The worker suffocated to death after being engulfed by grain in one of the facility’s storage bins.

Hilda L. Solis, Secretary of Labor, spoke about the Department’s investigation and stated that “The S.D Wheat Growers Association ignored long-established standards addressing safety in grain handling operations.” Solis also stated that “The company’s intentional disregard for its safety…led to an unnecessary loss of a life.”

The company’s utter disregard for the safety of its employees is even more troubling given the fact that just last year Tempel Grain Company, one state over in Haswell, Colorado, was fined more than $1.5 million for 22 similar OSHA violations.

This came after a 17-year old employee of Tempel suffocated to death in a bin after being engulfed by grain.

This inexcusable ignorance to OSHA citations and fines can also be seen closer to home. Just last year, the Indiana Occupational Health and Safety Administration issued fines totaling more than $400,000 to two Indiana Companies for repeated workplace safety violations. Steel Dynamics, based in Fort Wayne, was cited and fined $240,000 when one employee was injured and another was killed by nitrogen fumes released by a furnace.

Many of the violations were repeat violations, meaning that they company had already been cited for the violation and was aware of the dangerous condition that existed. Similarly, Noblesville based company King Systems Corp., which manufactures anesthesia and respiratory care products, was cited for repeat violations and fined for $191,000.

The violations resulted from the company’s ongoing failure to minimize employee exposure to harmful gases.

At first blush, one might assume that increased fines have lead to a safer working environment. However, this is not always the case. All too often, these repeat violations and increased fines provide little deterrent to employers primarily concerned with the bottom line: profits. Rather than addressing the safety hazards and unsafe conditions, employers wait until one of its employees is seriously injured or killed, before taking the proper corrective measures prescribed by OSHA. Unfortunately, the tragic incidents described above demonstrate this all too well.

Two weeks ago, this blog posted about the death of New Yorker Julie Stratton. Truck driver Thomas Wallace recently pled guilty to second degree manslaughter afteradmittedly driving 27 hours on 4 hours sleep (a blatant HOS violation) and crashing into Mrs. Stratton’s car as it sat disabled on the side of the road, awaiting roadside assistance.

Last week, there was a post on a tragedy much closer to home. Grovertown’s Adele Nielsen died in a tragic accident at Indiana 49 and Vale Park Road, where the truck driver has admitted to law enforcement investigators that he “dozed off” shortly before rear-ending Mrs. Nielsen’s sedan, shoving it over 450 yards before coming to a stop atop the car itself.

Within two weeks, two tragic examples of sleep deprivation and its impact upon commercial truck drivers and those who share the roadways with them. But what about the trucking companies?

Trucking Companies and Big Rig Crashes

News stories tend to focus upon the people involved in a crash. Media coverage barely mentions the carrier involved in the trucking accident. However, it’s clear that under the law and in the eyes of federal and state agencies, the carrier itself is a key player in any trucking accident – especially when the wreck involves the trucking company’s sleep deprived truck drivers.

So, what can we learn about the trucking companies involved in New York’s Julie Stratton big rig crash and Indiana’s Adele Nielsen semi truck fatality?

FMCSA Online — S & H Transportation

The Federal Motor Carrier Safety Administration (FMCSA) provides the following online information regarding S & H Transportation, Inc., which was reported to be the trucking company involved in the Indiana crash.

Headquartered at 475 Pearl Drive, O’Fallon, Missouri, S & H Transportation is an interstate motor carrier, operating since 1981. It operates 179 semi tractors and has 220 truck drivers. The company traveled 19,945,157 miles in 2008.

S & H Transportation Reported Violations and Fines

On May 7, 2009, an investigation into logging violations was closed and settled. S & H Transportation settled 62 counts relating to false record of duty status (driver logs). The settlement required S & H to pay $44,640.00 fine.

In the 30 months ending April 23, 2010, S & H Transportation:

a. was reported to have been involved in 40 crashes (8 were in Indiana; 13 in Illinois);
b. 30 of its drivers were found to be “Out of Service” during commercial driver inspections;
c. 173 moving violations (including 6 for failure to obey traffic control devices; 1 failure to yield right of way; 11 following too closely; and 149 for speeding); and
d. 42 of its vehicles were found to be “Out of Service” during commercial vehicle inspections (of those OOS inspections, 27 involved brake components).

FMCSA Online — Millis Transfer

FMCSA’s Company Snapshot of Millis Transfer provides the following online information regarding the trucking company involved in the New York crash.

Headquartered at 121 Gebhardt Rd, Black River Falls, Wisconsin, Millis Transfer is an interstate motor carrier, operating 724 semi trucks with 728 truck drivers. The company traveled 79,000,000 miles in 2008.

In the 24 months ending June 7, 2010, Millis Transfer:

a. was reported to have been involved in 75 crashes;
b. 73 of its drivers were found to be “Out of Service” during commercial driver inspections;
c. the company was cited for 173 moving violations; and
d. 42 of its vehicles were found to be “Out of Service” during commercial vehicle inspections.

Let’s hope these incidents are a wake-up call to these trucking companies and other motor carriers that safety must be a priority.

Just as the Memorial Day holiday weekend was about to begin, tragedy hit our community as Adele Nielsen of Grovertown was fatally injured in a semi truck crash on State Route 49 (Indiana 49). 

This week, we’ve learned that police investigators have already discovered that the truck driver admits to “dozing off” at the wheel, shortly before the horrific accident.

Adele Nielsen Truck Crash: What Happened Last Friday Morning

Facts will continue coming to light, of course.  However, from eyewitnesses and police investigators we already know that Adele Nielsen was alone a bit before noon on Friday morning, awaiting a red light to change at the intersection of State Route 49 (Indiana 49) and Vale Park Road.  She was driving a gold, four door sedan.

Rumbling down State Route 49, a big rig driven by Jeffery Mokol, 47, of Hebron, rammed into Nielsen’s vehicle from behind. The truck collision was so violent that the semi truck actually thrust the sedan 150 yards (450 feet) down the Indiana 49 roadway before coming to a stop atop the car itself. That’s longer than any NFL football field by about 100 feet.

HOS Regulations Designed to Prevent Truck Drivers Asleep at the Wheel

The danger of a driver at the wheel of a vehicle that can weigh between 50,000 and 80,000 lbs is well known to those in the industry. Federal and state regulations are filled with requirements designed to protect against drivers too tired to drive these huge and heavy machines on American roadways.

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) is aggressive in this area. We’ve posted about the newly-revised HOS Regulations, CSA 2010, which are being implemented state-by-state across the country. Under CSA 2010, fatigued truck drivers are addressed in two sections of the new regulations: FMCSR Parts 392 and 395.

Of particular note is the language of FMCSR 392.3 ([35 FR 7800, May 21, 1970, as amended at 60 FR, 38746, July 28, 1995]):

§392.3 Ill or fatigued operator. No driver shall operate a commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a commercial motor vehicle, while the driver’s ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle. However, in a case of grave emergency where the hazard to occupants of the commercial motor vehicle or other users of the highway would be increased by compliance with this section, the driver may continue to operate the commercial motor vehicle to the nearest place at which that hazard is removed.

Notice how the regulations address not only the truck driver but the motor carrier, as well. In the Nielsen crash, the carrier involved is S & H Transportation, which is headquartered in Missouri.

According to FMCSA, S& H Transportation, Inc., 475 Pearl Drive, O’Fallon, MO, is an interstate motor carrier, and first obtained motor carrier operating authority in 1981. The company reports that it primarily transports general freight, meat, fresh produce, refrigerated goods, beverages, and paper. S&H operates 179 semi tractors and has 220 truck drivers. The company reported that it traveled 19,945,157 miles in 2008.

Our Condolences to the Family and Friends of Adele Nielsen

Funeral services were earlier this week for Adele Nielsen. However, the Times of NW Indiana online obituary for Adele Nielsen is still active for those who would like to leave a message of condolence. Messages of comfort and support can also be left at the website guest book for Rannells Funeral Home.

Highway Hypnosis is a dangerous and real driving hazard that occurs when someone has been driving a vehicle along a long stretch of roadway for an extended period of time. One state agency has described Highway Hypnosis as being caused by “the sameness of road and traffic.”  The driver becomes unaware and unable to respond due to a semi-hypnotic mental state brought about by the monotony of a long drive.

Sometimes, victims fall asleep at the wheel.  Sometimes, victims of Highway Hypnosis seem to be awake behind the wheel, but they’re not fully functional: they’ve zoned out, and aren’t alert or aware of what is going on around them.

Highway Hypnosis isn’t new.  Back in 1957, engineers designed the Indiana Toll Road with curves every two miles or so, in an effort to combat the problem.  Still, as long as drivers (including truckers) spend long stretches of time behind the wheel on America’s highways, highway hypnosis will be a problem.

Suggestions to avoid Highway Hypnosis include:

• don’t eat a big meal before starting out on a long drive;
• stop every couple of hours to stretch your legs;
• don’t drive during the hours that you’re normally sleeping;
• talk to your passengers; and
• open the window, get fresh air circulating through the car.

And before you think that Highway Hypnosis sounds silly – or that it’s something that just doesn’t happen all that often, think again.

It happens much more often than people realize: in fact, within 24 hours of these words being written, a teenager crashed his SUV into the back of an 18-wheeler in San Antonio, Texas — witnesses said he made no effort to stop.  The boy’s lower body was wedged underneath the SUV’s dashboard, impaling him on the brake pedal.  Police at the scene have already labelled the boy another victim of Highway Hypnosis.

Be careful out there.

Legislation is being built right now in Congress that will have a major impact on recalls and roadway safety in the coming years. Both the House and Senate are working on bills that many say are a reaction to the Congressional hearings dealing with the Toyota recalls.

In sum, the measures look to increase the power of the federal government – through the National Highway Traffic and Safety Administration (NHTSA) – to immediately recall any vehicle on American roads the agency deemed to be unsafe.

Safety features are also being proposed, such as the “black boxes” long requested by car safety advocates and fought against by those concerned about privacy issues connected with the black box data.

This is the first time in ten years that Congress has worked on laws dealing with national auto safety. Let’s see what happens.

Imagine 282 Semi Trucks parked end to end — that ribbon of big rigs would stretch a long, long, LONG way down the side of any road. If each truck averages 75 feet in length, then that’s FOUR MILES of trucks we’re talking about here.

Four Miles of Truck Stopped in Pennsylvania This Week

This week, that’s exactly the number of big rigs that Pennsylvania law enforcement authorities took off the roads when they decided to check air brakes of commercial trucks as they were moving down the Pennsylvania roadways. There were 282 trucks driving along with bad brakes.

Imagine how dangerous this is – those heavy vehicles with faulty brakes moving a high speeds. And, it’s a common problem: pro truck drivers know that brakes out of adjustment are the most common reason that big rig drivers get cited.

Operation Air Brake

Operation Air Brake is the brainchild of CVSA (Commercial Vehicle Safety Alliance), and different states are participating by doing state-wide air brake checks at different times. Pennsylvania did its part. Wisconsin, for example, will be inspecting semi trucks on its roads during the week of May 5th.

It would be nice to assume that Pennsylvania is an anomaly, but the reality is that most big trucks haul loads across several state lines. Which means that there are a lot of trucks on the Indiana and Illinois roads right now that are dangerous because of bad brakes.

282 trucks probably isn’t a fluke — it’s probably a pretty good clue to the reality of the roads in America today.

The U.S. Department of Transportation is very excited about a new technology that is already being tested on commercial trucks and other vehicles riding on America’s roadways: V2V communication.

Built by a team of U.S. DOT researchers and a private research group headed up by the University of Michigan Transportation Research Institute (UMTRI), the techno-scientists and engineers have built and are currently field testing what they are calling an “integrated vehicle-based safety system.”

An Integrated Vehicle Based Safety System: V2V

IN V2V, the technology currently in place for OnStar and other similar services is being used to allow a vehicle on the road — say a big rig — to automatically notify other vehicles on the road when it’s about to change lanes, change speed, avoid something on the road, etc.  It’s not clear whether or not the drivers have input here, or whether or not they give permission for this communication exchange or even have knowledge that it’s happening.

What the V2V System Does - Right Now

Currently, the V2V technology is limited to providing forward collision warning (FCW), lane departure warning (LDW), lane change warning (LCW), and curve speed warning (CSW) functions. The system warns the driver of these dangers, enabling the driver to avoid an accident – in theory.

No word as yet on when (not if, but when – the technology is there) the system will be expanded to do things that take control from the driver: automatic breaking, for example, or automatically slowing the vehicle down – or even stopping it. OnStar can do this now, and does, when the vehicle is being driven without permission.

Optimistic Projections – V2V Will Stop 48%

USDOT studies are pointing to studies claiming that implementing V2V technology on the roadways will decrease accidents by 48%. That’s cutting the amount of trucking accidents and other motor vehicle accidents in half.

Sounds almost too good to be true, doesn’t it?

There’s something about having technology that is able to control traffic streams that gives one pause. And that’s what is being developed here.

Perhaps if more money and time were being placed into driver education and training, roadway maintenance, etc., this technology wouldn’t be engendering such excitement.

SOUTH BEND, Ind. (AP) — A federal jury has awarded a northern Indiana man and his wife $3.7 million for a brain injury the man suffered when he fell from a ladder at a shopping mall.

The jury in South Bend ruled in favor of the Porter County couple and against mall owner Simon Property Management and its maintenance company, Varsity Contractors.

Forty-six-year-old Richard Proctor and 42-year-old Sonia Proctor sued after Richard Proctor fell from a ladder at University Park Mall in Mishawaka in January 2007.

Proctor suffered a skull fracture, brain trauma and other injuries when he fell 19 feet from a roof hatch ladder while servicing heating/air conditioning equipment on the mall's roof.

Attorney Kenneth J. Allen says the ladder had failed to meet safety codes.

Over on the Toll Road in LaPorte County, two semi trucks crashed into each other last Friday night. It’s being reported that a tire blew on a FedEx big rig, causing the truck driver to lose control and slam into a flat-bed semi truck. The FedEx semi then jackknived, blocking westbound traffic on the Toll Road bridge. Then, to make matters worse, the FedEx big rig burst into flames.

The westbound lanes were blocked by the truck itself, and the eastbound traffic was held up by all the FedEx debris scattered all over it. (So if you haven’t received that package from Amazon.com maybe this is why.) Both truck drivers were seriously injured. The Northern Indiana Public Service Company is checking for damage to the power lines.

Fortunately, no one was hurt other than these two truck drivers. This time, we’re not reading about families in passenger cars or minivans being killed in car-truck collisions. (Remember that horror from last month, where the family going to a wedding on I65 was killed in a truck crash?)

However, reading this story did cause discussion, and once again talk turned to how the trucking companies – and their insurance carriers – are always ready for a wreck.

Trucking Companies are Ready for a Wreck

“Trucking companies are experienced in dealing with accidents involving their tractor-trailers and drivers, which immediately puts the driver of a private auto at a disadvantage,” explains Bryan L. Bradley, senior partner here at Kenneth J. Allen & Associates.

Bradley is one of the two attorneys who handle all of the law firm’s trucking and tractor-trailer rig crashes. “Trucking companies start preparing their defense immediately following the crash. Their emergency response teams consisting of lawyers, accident reconstruction experts, and investigators are on-call twenty-four hours a day so that they can be on
the scene within minutes or hours of a tractor-trailer crash.”

Forewarned is Forearmed: Be Prepared to Defend Yourself and Your Loved Ones Immediately if There’s a Crash

“Victims of truck accidents should be aware it is vitally important to contact an attorney experienced in handling truck accidents as quickly as possible — for numerous reasons — if they want the best possible chance of recovering damages for all of the harms suffered in the crash,” Bradley said.

Lessons to be Learned

Talk around the water cooler for personal injury attorneys can be rather serious to some — but today, the Toll Road crash was somewhat of a blessing to be discussed. Things could have been so much worse, given the time and location of this crash.

Helping victims of serious injury is a difficult job, year after year — and knowing the antics of insurance adjusters and trucking company investigators doesn’t help if the injury victims aren’t aware of them, too.

So, from the morning discussion of the FedEx truck crash on Friday comes this warning — if you’re in a wreck involving a commercial truck, know that the defense started work almost at the moment of impact.

Workers between 15 and 24 years old are TWICE as likely to be seriously injured on the job in this country, reports the Center for Disease Control in a new study, released this week.  And, lots of them are dying from on the job injuries, as well.

The Most Dangerous Jobs for Young Workers

According to the CDC, young workers are at the biggest risk of on the job work injury or death if they are working within the services industry (32%), doing construction work (28%), working wholesale and retail trade jobs (10%), or doing agriculture work (10%). They faced the highest risk of dying when working in in mining (36.5 per 100,000 FTE), agriculture (21.3 per 100,000 FTE), and construction (10.9 per 100,000 FTE).

Employers Told by Feds — Do More to Protect Young Workers

The federal agency warns employers that they need to take heed to this study, and do more to protect these young workers.

Specifically, the Report states:

The primary responsibility for workplace safety lies with employers (8). Thus, reductions in younger worker injuries and deaths will require employers to make changes in work environments and workplace practices….

Employers should assess injury hazards in their workplaces, take steps to remove or reduce the injury potential, and ensure their workers have the requisite training and personal protective equipment to perform their jobs safely. Employers should be aided by health and safety practitioners, as well as others, in providing better guidance and tools to improve young worker safety.

Reality Check: Will Employers Comply With the CDC Report?

What that warning to employers means to most companies today is allotting more money towards workplace safety.  Entering into the second quarter of 2010, does anyone really expect employers — especially in the most dangerous injuries — to revamp their budgets to protect their youngest employees?

Companies are looking for ways to cut costs, not add to them.  So, while this report is helpful and it would be wise to take heed of its warning, odds are high that nothing much is going to happen here. And young workers will continue to be seriously injured — and die — when on the job, just doing their work.

Bottom line?  Perhaps the best use of this report will be as an injured plaintiff’s exhibit in a personal injury trial.

The CDC Report is online and available for viewing as part of its April 23, 2010, edition of the CDC Morbidity and Mortality Weekly Report.

LAWYER LEADS STATE IN MILLION-DOLLAR VERDICTS

By Ken Kosky -

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Last month, there was more on the growing (huge) Toyota scare.

Now, we’re hearing about Lexus problems.

In February, there were Honda recalls.

In January, there were GM recalls of Pontiacs as well as the Chevy Cobalt.

How to keep up with all these recalls — are there any safe vehicles on the road these days?

Well, no one can predict the future here but one good source of information is thedatabase maintained by the National Highway Traffic Safety Administration (NHTSA).  Updated frequently, and available for free online, this resource gives you information regarding:

Motor Vehicle Recalls

Child Safety Seat Recalls

Motor Vehicle Equipment Recalls

Tire Recalls

School Bus Recalls

It also gives you Monthly Recall Reports and lets you subscribe to monthly updates by email.

Remember, a Recall Does NOT remove the danger; it only warns of it.

A recall database is not giving you and your family protection in advance, but at least this NHTSA compilation is giving some warning of dangers that are out there — because a recall doesn’t mean that a faulty, unsafe product isn’t still being used in the marketplace.

As you and your loved ones drive the roadways of Illinois and Indiana today, odds are very, very high that you will share the road with many vehicles that have recalls attached to them or their components (tires, etc.).

If you just check out the Indiana website on All-Terrain Vehicles, they don’t seem so scary: according to the site’s statistics, 179 people died over a 26 year time span. That doesn’t seem very high, considering that ATVs ramble over rough terrain in wilderness areas.

Except the site itself admits that data collection for 2006-2008 is incomplete….

And that as spring arrives in our area, news reports reveal that two people have already died in ATV accidents, within 14 days of each other in April 2010.

Jared Douglas,12, Dies in ATV Wreck on 1st Saturday in April

On April 3, 2010, twelve-year-old Jared Douglas died when an ATV he was riding apparently flipped on him in a ravine at the Haspin Acres Off-Road and Motocross Park in Laurel. He was on a camping trip with his family, and had taken the ATV to go and collect firewood for the family campfire. Indiana Conservation Officers and the Franklin County Sheriff’s Department are investigating.

Abigail Hamilton, 23, Dies the Next Saturday From ATV Accident

On April 10, 2010, Abigail Jo Ann Hamilton, 23 years old, was killed when the ATV she was riding as Joshua Croy was driving hit a log as they drove into a swampy area. Witnesses saw the ATV fly up into the air, flipping at least once.

Muncie resident Abigail Hamilton died while riding an ATV on private property located near Indiana 120, just south of Orland. She was thrown from the ATV when it hit a log and pronounced dead shortly afterward, at the hospital.

What are the Real Numbers for ATV Fatalities in Indiana?

The weather is warming, and Spring is inviting all of us to get outside with our families and enjoy the changing of the seasons.  Just like Jason and Abigail, we’ll be with loved ones having fun in the outdoors.

Families with ATVs will be allowing their teens to ride All Terrain Vehicles, thinking that it’s safe enough — they are driving on roadways, they aren’t driving at excessive speeds, they aren’t driving in traffic.

But we have to wonder — if you read the newspaper, then can you believe the government statistics (especially when they even admit that their numbers are not complete)?

How dangerous are these All-Terrain Vehicles for your family?

Personal injury attorneys can be challenged by family members as being party-poopers, all doom and gloom and spoiling everyone’s good time.  That isn’t always wrong, we can get pretty caught up in our work where we deal with serious injuries, wrongful death, and tragedy.

Still, two ATV deaths on the first two Saturdays in April gives us pause.

If you or your family plan on riding around on an All Terrain Vehicle, please be careful.  These things are dangerous, and people going out for weekend fun are dying from them.

For the 11th straight year, three federal agencies will sponsor National Work Zone Awareness Week.

Why should we care?

Well, according to the Illinois Department of Transportation, there are around 7000motor vehicle accidents in work zones each year throughout the state, with 2100 people injured and 29 deaths (2 being workers, most work zone fatalities are non-workers).Indiana’s Dept. of Transportation has compiled similar, scary statistics.

Sponsors are Three Federal Agencies

Through the coordinated efforts of the Federal Highway Administration (FHWA), theAmerican Association of State Highway and Transportation Officials (AASHTO), and theAmerican Traffic Safety Services Association (ATSSA), various activities will be undertaken to draw attention to the need for everyone being safe and aware of safety issues in all sorts of work zones.

Theme is “Work Zones Need Your Undivided Attention”

The theme for 2010 National Work Zone Awareness Week is “Work Zones Need Your Undivided Attention.” All sorts of events are scheduled around the country during April 19-23, 2010, promoting this theme. One of the biggest will be the federal agency kickoff at Battery Park in NYC, and there are already several activities scheduled throughout the states of Illinois and Indiana throughout the Week.

The February issue of Status Report brought good news: a NHTSA study shows a big drop in the number of people driving drunk on the weekends, but drunk drivers are still a major cause of fatal motor vehicle accidents in the U.S. (”Drinking Continues to Decline Among Weekend Drivers,” Status Report, Vol. 45, No. 1, Feb. 6, 2010).

There’s a caveat or two about the study: today, people may be less likely to participate in a roadside study than they were when the research began back in the early 1970s. So, part of the drop in numbers may mean that lots of people that are driving with a buzz after a Friday happy hour aren’t talking about it now. And, the focus of the research results is totally about alcoholic beverages.

Impaired Drivers Are Doing More Than Drinking Alcohol

This is a key issue. Many drivers who are driving impaired may not be drinking alcohol. They may be taking pills or drinking liquid enhancers (or both) to stay on the road longer. Driving impairment that causes fatal crashes isn’t just about beer, wine, or mixed drinks.

A 1991 study by Monash University found that 25% of truck drivers took pills to stay awake on the job. There are other studies.

What are these Stay Awake Pills?

Heck, these pill manufacturers actually market to truck drivers: check out the online advertisement for “Stay Awake Pills” from T&M Distributing: they’re offering their “… legendary “Buy Two Get One Free” special, which means “stay awake pills” can be purchased at approximately a 75% savings over the major brands of alertness aids.” Clicking on their site today, you can buy 100 of their “357 Magnum Tablet” for $9.95.

They’re basically selling caffeine in tablet form.

Of course, other pills are out there to keep people from falling asleep: students across the country are taking Adderall and Ritalin to pull “all-nighters” — Adderal being one of newer versions of amphetamine.  Other forms of amphetamine (”speed”) on the market today include Dexadrine and Vyvance. Crystal Meth is an illegal form of speed, cheap and readily available (street names include “go fast,” and “crank”).

Was the School Bus Driver Impaired by Wake-Up Pills?

But the real story lies in the lives of people out there on the roads. Like last week’s testimony in Canada, where a school bus driver took the stand in a case resulting from an October 2007 school bus crash, killing a 9-year-old girl. On the stand, she admitted to taking pills to stay awake, but denied taking a pep pill that morning. Evidence, however, already shows a package of “wake-up” pills was on the bus, discovered by Crime Scene Investigators after the fatal accident occurred.

What Does the NHTSA Study Really Tell Us?

So, getting back to the NHTSA study: its number sure sound good at first glance. However, reading closely you find that they sent out people to ask drivers on the roads about what they had been drinking, and they did it on Friday and Saturday nights, and on Friday during the day, as it led into the weekend. Times when they thought most people are out there, imbibing alcohol.

The report admits people may not have told them the truth (for privacy reasons, fear of liability or litigation, what have you), but the truth is that the real issue is driver IMPAIRMENT not just drivers who drink alcohol.

Impairment – that is the real issue.

It’s Monday morning, and the news is still reaching many of us about the devastating I-65 big rig crash that killed 11 people — most of them, family members traveling from their home in Kentucky to a wedding in Iowa.

It was before sun-up last Friday: coming one way was the van, where its occupants were happily riding along the interstate in their Mennonite church’s van, where victim John Esh served as assistant pastor.  Coming the opposite way on I-65, a fully-loaded tractor-trailer truck with a single occupant, the driver.

The deadly accident happened right around 5:30 a.m. (CST).  The family had been on the road for only 15 minutes.  Those who lost their lives in that church van on Friday morning were:

• John Esh, his wife Sadie, and their children Anna, Rose, Rachel and Leroy.
• Leroy’s wife, Naomi, and Leroy and Naomi’s adopted son Jalen.
• Rachel Esh’s fiance, Joel Gingrich, died with his future wife in the crash.
• Esh Family friend, Ashley Kramer, was also killed.

The truck driver, who hailed from Alabama, died as well.  In fact, the only survivors of this horror are two young Esh children, aged 4 and 5. Both were in car seats.

Another big rig crash that is deadly

According to eyewitnesses, the tractor-trailer just crossed the median and entered oncoming traffic – crashing head-on into the van and causing the minivan to spin out of control.  The big rig then slammed into a cliff, and the minivan came to rest on I-65, where traffic was block by the wreckage until late Friday afternoon.

There were cable barriers on that stretch of road — where I-65 turns into a two-lane roadway, a span of highway known to be dangerous — but those cables snapped like paper ribbons when the tractor-trailer (loaded to capacity with auto parts) plowed through the barrier.  The cables were worthless in this accident.

What Caused This Tragedy?  It’s Too Soon to Know

Undoubtedly, federal and state investigations have already begun looking into the cause of this horrific big rig crash, which has essentially wiped out the John Esh family line. Finger-pointing has already begun on the deceased truck driver, and whether or not he just fell asleep at the wheel after being on the road too long (HOS regulations notwithstanding).

However, while grief and anger do fuel a desire for quick answers here, the truth of the matter is that this is known to be a dangerous stretch of road (others have died here in accidents, before this crash) and a great many variables exist in any trucking accident.

• Did that auto parts load suddenly shift, throwing that heavy monster over the median with the driver terrified and powerless?
• Did the brakes on that big rig fail?
• Was there a hazard on the road — a spill, a hole, a log?

Only time will tell the true story of what happened early last Friday morning on that Kentucky stretch of I-65.  We need to wait and learn the facts, before justice can prevail.

In the meantime, our sincerest condolences to the family members and loved ones who are grieving their tremendous loss.  Even in our position as trucking accident plaintiffs’ attorneys, where we have been exposed to many a tragic big rig crash, we are shocked by this enormously heartwrenching, horrific event.

Read the local news this morning, and it sounds like a warzone out there:

In Seymour, Indiana, a teenage boy was riding his bicycle home really early on Sunday morning, hauling his 17-year-old buddy with him on the bike – when they were hit by a pickup truck.  One was killed, the other teen sustained severe head injuries.

On Friday morning, Lake County prosecutors filed hit and run charges against a 35-year-old driver whose vehicle hit a construction worker who was busy on the job, filling in potholes at the intersection of I-80 and Ripley Street.  Open and closed containers of beer were found in the driver’s Mercury Cougar, and now he’s facing 2 felonies and around 15 years in jail.

Early Sunday morning, a 49-year-old Union Mills man decided to drive his car at speeds between 80 and 100 mph (according to the accident experts) for some unknown reason.  He had left family in LaPorte and was heading home.  The driver crashed, his car flipping and rolling from Indiana 39 into the LaPorte Municipal Airport, where it landed on the runway.  The driver was thrown from the vehicle during the crash, and his body was found almost 500 feet away.  He wasn’t drunk, and he wasn’t wearing a seat belt.

Just the day before, another driver crashed his car into the fence that borders the Lakeside Correctional Center over at the Indiana State Prison.  This 26-year-old driver is reported to have been driving his Chrysler Concorde over the speed limit, when he lost control of the car and crashed through the fence, slamming into a pine tree, and sliding down an embankment.

Saturday afternoon, there was a big pile-up over in Steuben County, with a number of cars involved, and lots of injuries.  In Toledo, a SUV flipped over. In Mount Vernon, a car careened down an embankment at the intersection of Indiana 69 and William Keck Bypass, injuring several people – including some kids.

There’s more.  But let’s stop here and consider what’s going on.  It’s not a fluke, there’s no rash of car accidents suddenly hitting the news reports.

The sad reality is that car accidents occur 24/7 in our local area.  Sometimes, people die.  Other times, people are seriously injured and lives are permanently changed — the lives of the victims, and their loved ones.

Read the stories that are linked here.  None of these people thought they would be in a crash.

• The teenagers going home on Saturday night had plans for their lives, for this summer.
• The construction worker filling potholes when he got hit by that car had loved ones who never thought he’d never come home when he left for work that morning.
• The men who lost control of their cars and died in car crashes could be alive today, we can assume they thought they would be.

Personal injury lawyers that help clients with claims involving serious injury and death in motor vehicle accidents may know the statistics better than others do – it’s a part of the job to keep up to date with accident information – but the public should be aware of this stuff, too.

When you watch those car commercials, or take a date to the latest flashy road race movie, driving seems fun and fast and thrilling.  Don’t be fooled.

Driving a motor vehicle is a serious matter.  Don’t drink when you drive.  Don’t ignore safety measures.  Don’t speed or road race.  Your life, and the lives of others, really is at stake.

Be safe out there.

Originally posted March 11, 2010 at donaldasher.blogspot.com

Today is my one-year anniversary with Kenneth J. Allen & Associates in Northwest Indiana and Chicago.

Having spent more than 40 years as a journalist/editor in the newspaper business, I was somewhat acquainted with the legal profession having served on the Illinois State Bar Association media law committee, and the Indiana Judicial Center media sub-committee of its Community Relations Committee.

I was also named by Indiana Supreme Court Chief Justice Randall Shepard to an advisory position of the state’s “Fire Brigade” charged with mediating potentially explosive disputes between the courts and the press.

And of course during my somewhat lengthy career I was involved in numerous First Amendment legal cases, and Freedom of Information issues and was chairman of the Illinois Associated Press Editors FOI committee.

That aside, now working with unquestionably Indiana’s premier injury attorney Kenneth J. Allen, I am getting the flavor of the driving force behind those words that KJAA firm uses: Passion, Commitment, Excellence.

Until I began working at Kenneth J. Allen & Associates, I didn’t realize the parallels between journalism and this law firm. Both subscribe to, and practice, those basic tenants with exuberance.

While this firm is quite selective in the cases it takes – only one in about 10 – once it says yes Mr. Allen and his firm’s talented attorneys tackle each case as a group, meeting twice each week to review, strategize and decide a course of action. Mr. Allen welcomes spirited debate during these early morning – very early – regular meetings.

I’ve had the honor of attending on more than one occasion to present information on particular cases. Watching six or seven attorneys kick around specifics on a case is very impressive.

Obviously, the model works. Anyone who doubts it only has to check out his website at kenallenlaw.com and review news clips, press conference videos, or other volumes of information about the firm.

So, not surprisingly I suppose, I feel right at home working on those fundamental issues that journalism and law have in common – righting wrongs. The ordinary man – or woman – sometimes needs an advocate to fight for justice. So the mission for the press, and KJAA is the same.

I am at home working for the best, just as I was as a journalist. Being second best just doesn’t cut it.

Maybe that should be Kenneth J. Allen & Associates new motto.

By Ken Kosky - ken.kosky@nwi.com | Friday, November 20, 2009  |

VALPARAISO | A woman who suffered a brain injury when her vehicle was crushed beneath a semi trailer three years ago on Interstate 94 was awarded $5.22 million by a jury following a two-week trial.

By JOSEPH DITS, Tribune Staff Writer

In September 2006, 9-year-old Juan Loera choked on a turkey corn dog as he sat with classmates at LaPorte's Haillman Elementary School.

A custodian rushed over to help him. So did nine other staff members. They tried the Heimlich maneuver. Then a police officer arrived and tried the maneuver. Paramedics came and removed the obstruction, but Juan eventually died in a hospital.

On Friday, a jury in LaPorte Circuit Court awarded a $5 million lawsuit against the LaPorte Community School Corp. The attorneys who filed that suit in behalf of Juan's mother, Maria Rosales, claimed the staff was inadequately trained to deal with the emergency.

“We feel our staff did everything possible,” LaPorte Superintendent Judith A. DeMuth said Monday.

Calling the death a “most tragic event,” she said, “Our hearts and thoughts are with that family.”

Kenneth J. Allen, head of the law firm that filed the suit, said he doesn't fault the staff who tried to help the boy. Rather, he argues that the school had a plan for dealing with emergencies like this but didn't implement it. Specifically, he said, the staff lacked training in CPR and the Heimlich maneuver.

The school district won't have to pay more than $500,000 because of the state's limit on what may be collected from a government entity, Allen said. The school district has 30 days in which to file an appeal, and DeMuth said it's too soon to talk about that.

But the money isn't the point, Allen said: “If we can prompt one school to implement these plans in the 92 counties of Indiana, then we will have done what we set out to do.”

Some local school districts report that they don't have a plan for cafeteria emergencies, but they do make training available to their staffs.

Juan's choking death in 2006 “increased our awareness,” said John Hutchings, director of student services for Elkhart Community Schools. It caused district officials to look and ensure that at least some of its food service employees were trained in the Heimlich maneuver in each cafeteria, he said.

“We think we're pretty well covered,” he said.

CPR training is required of Elkhart's night custodians, who are in the buildings when adults from the community play in basketball and volleyball leagues, he said. But training in CPR and use of a defibrillator is available to any other employees who want it, Hutchings said.

After the death, LaPorte school officials said they'd ensure there was someone in each school building who was trained in the Heimlich maneuver.

“We are going to continue to make student safety a top priority,” DeMuth said. “We've continued our training in life-saving techniques.”

In January, a kindergarten teacher and a program assistant helped a teacher's aide who was choking at Horizon Elementary School. The pair used their emergency training to dislodge whatever blocked the woman's breathing, said Teresa Carroll, spokeswoman for the Penn-Harris-Madison School Corp.

About a year ago, the lead cook at Battell Elementary School did the Heimlich maneuver on a kindergartner who was choking on a chicken nugget, The Tribune reported. In the article, a School City of Mishawaka official said all food service workers attend a meeting where they see a demonstration of choking responses.

Since 2007, Indiana law has required that newly licensed teachers be certified in CPR and Heimlich maneuver, though it doesn't require that for license renewals. The training for both methods is typically done together. CPR certification lasts for two years.

Neither PHM nor the South Bend Community School Corp. require CPR or Heimlich maneuver training of their cafeteria staffs. With such large school districts, officials there had a hard time assessing how many staff at each school are trained.

But PHM trains about 60 staff members a year in the procedures, Carroll said. All child care workers are trained in CPR, Carroll said of the schools with child care. Each PHM school has a safety team, and several of their members are CPR trained, she said.

South Bend offers training twice a month to any staff who want it, said communications director Sue Coney; employees pay $10 for the four-hour class.

In the John Glenn school district, all five kitchen workers at Walkerton Elementary School are trained in CPR, along with the custodian and two secretaries, said Tim Davis, principal of the school with 480 students.

BY TIMES STAFF | Posted: Friday, July 17, 2009 12:00 am |

VALPARAISO | Northwest Indiana injury attorney Kenneth Allen and wife Nina watched Thursday as children at Hilltop Child Daycare received Kinderprint Child Identification kits. The Allens funded the purchase of those kits for every kindergartner and first-grade student in Lake, LaPorte and Porter County schools with a $20,000 donation to the United Way serving those three counties.

Editor's Choice for Best Guy to Have on Your Side if You've Been Injured

NWI.com

http://nwitimes.com/bestof/page.php?q=101

Kenneth J. Allen & Associates isn't just the best personal injury law practice in Northwest Indiana—it's one of the best in the nation. The firm routinely tops lists of judgments won for its clients—$135 million and counting since 2000—and has won million-dollar verdicts every year since '03. Accolades such as being named among the 500 leading lawyers in America by national legal publications hang on the walls of founder Ken Allen's office.

“During my trial, there were a lot of out-of-town lawyers who I found out later came to watch him work,” recalls Brian Gulley, a former Kenneth J. Allen & Associates client who engaged the firm after suffering a severe head injury on the job. (Allen's specialty is trial presentation.) “I didn't realize just how good he was until then.”

Gulley describes Allen as “a blue-collar guy in a white-collar job,” an apt description as Allen grew up working in the steels mills and on the railroads of the region.

“I liked the work, I liked the people I worked with, and there was a great seduction to stay there,” Allen recalls, but his father, also a steelworker, made him promise to keep up with his education and escape the factory grind.

Allen kept his promise, but never forgot his roots, which helps to explain his continuing passion for helping people who have been hurt by corporate negligence. For Allen, it's about not only justice for the client, but also protecting future workers.

He recalls one case involving a young man who had been crushed in a piece of machinery at work. “We hired engineers who showed how, for a few hundred more dollars, the machine could have been designed so that it would have been impossible for the accident to have happened,” he says. After successfully arguing the case, the company turned around and asked for all those materials. “Now,” Allen says, “no one will ever get hurt that way again.

“A lot of lawyers lose sight of that,” he adds. “The whole point of this area of law is injury prevention. If those who do wrong are held accountable, they won't do it again.” The big judgments for which personal injury lawsuits are often criticized are key to this, Allen holds, pointing back to the previous example. “If it becomes more expensive to do wrong, people will do it right from the beginning,” he says.

If that should ever come to pass, Allen acknowledges he'd need to find a new line of work. “But that's the kind of problem you'd like to have,” he says.

Kenneth J. Allen & Associates only takes about one out of every ten cases that come through the door. “Our first priority is the client, and then, how can we align that with the best interests of others,” Allen explains. Those cases which are accepted get attention across the firm. “We have 7 a.m. meetings where we put one case on the table, and you have seven or eight smart people looking at one problem, so you will get a smart answer,” he says. “I've never seen an insurance company put eight lawyers on one matter. We do that every week.”

All the firm's lawyers are specialists in personal injury law, and often specialists in a particular branch of that law. “There's not one lawyer here who could write a will,” Allen says. “But my partner knows more about trucking than anyone—his dad was a trucker, he drove a truck—we have another partner who is interested specifically in medical negligence and so on. It gives us a much higher level of knowledge than our opponents.”

But perhaps the real secret to Allen's success is simply that he loves what he does. “You hear people say all the time, 'oh, I hate my job,'” he says. “There's not a part of this job I don't love. It's not work at all.”

By Network Indiana
3/4/2009

A Merrillville surgeon who ran a sinus clinic and is now a fugitive has been found guilty of medical malpractice in the death of a patient.

50-year-old Phyllis Barnes died of throat cancer in 2004, but Dr. Mark Weinberger had diagnosed her as needing sinus surgery.

Shortly before she died, Weinberger abandoned his medical practice, deserted his wife and fled to Greece.

Malpractice claims in Indiana are judged first by a panel of three randomly selected physicians to hopefully avoid a jury trial.

In this case, attorney Kenneth Allen says the panel unanimously found Weinberger guilty of negligence in Barnes' death.

But Weinberger's insurance company refuses to pay the judgment since he's a fugitive and won't cooperate.

Allen maintains the Indiana Department of Insurance should pay the judgment instead so the Barnes family can avoid a jury trial.

Allen says there are hundreds of cases pending against Dr. Weinberger, but so far this is the first and only case to be decided.

By Bob Kasarda
| Wednesday, March 04, 2009

VALPARAISO | Attorney Ken Allen and his client should be celebrating this week's news they won a malpractice judgment against a former Merrillville physician who gained national attention after disappearing five years ago.

But Allen said the victory is bittersweet in that Indiana law has allowed bankers to get to Dr. Mark Weinberger's assets before his client, who will now have to wage another costly and lengthy legal battle in hope of receiving a judgment capped at $1.25 million in the death of Valparaiso resident Phyllis Barnes, 50. She died after her cancer was misdiagnosed by Weinberger as a sinus condition, he said.

The delays and caps that were made part of the state's malpractice laws during tort reform in the late 1980s do a better job of protecting bad doctors and the insurance industry than the public, he said.

Allen said he won the first malpractice judgment against Weinberger from a panel of three physicians, which is the required first step when such cases are filed in Indiana.

There are other civil malpractice lawsuits pending against Weinberger, including other clients represented by Allen.

The panel review in the Barnes case was dragged out for five years as a result of the current system and Allen's failed attempt to lay claim to Weinberger's assets along with the creditors.

The Indiana Department of Insurance has the discretion to respond to the panel's finding by paying out up to $1.25 million to Barnes' family, Allen said. But with little confidence that will happen, Allen said he plans to file a malpractice lawsuit in Lake County. Any judgement against the doctor would be paid out of the state's patient compensation fund.

Allen said he is using the case to shed light on what he sees as injustices in the state's tort reform laws. He downplayed the perception the changes were needed to protect against "runaway verdicts" by saying there are plenty of opportunities to appeal rulings in the courts.

Weinberger, who was featured late last year on the "America's Most Wanted" television show, remains at large, Allen said.

Lawyers USA

By Sylvia Hsieh

BY BRIAN WILLIAMS
Tuesday, November 25, 2008

VALPARAISO | From 200 to 300 victims of September's flooding across the region received a measure of help in the form of a turkey dinner with all the trimmings Monday at Strongbow Inn.

Lisa and Randy Dammarell, of Hobart, said they appreciated being able to go out for a nice meal with their children Colton and Nicole.

After 7 feet of water shut down their business, Lake George Bait and Tackle, they were hit with a Catch-22 in seeking assistance, Lisa Dammarell said.

They were turned down for a loan by the Small Business Administration because with their source of income gone, they were deemed a poor risk for being able to pay back the loan.

So as they work to reopen the business, the formal dinner was a very generous offer, she said.

The dinners, which will continue with two more seatings today, were the gift of Valparaiso attorney Kenneth Allen.

The event was an acknowledgement, Allen said, "that all of us suffer when some of us suffer." It was an attempt to show the flood victims that people care. "It's nice to do something for others when we can."

Allen attributed the idea for the dinners to his wife, Nina, and thanked the United Way for logistical help in publicizing the event and distributing tickets.

Theodis and Wallynda Clayborne lost furniture and appliances when 18 inches of water flooded their Gary basement. More painful was the loss of irreplaceable items such as baby photos, holiday decorations their three kids made and daughter Jailynn's christening dress.

"That can't be replaced," Wallynda Clayborne said. "You can't put a money amount on that."

The Strongbow dinner, Theodis Clayborne said, was "a blessing."

Maggie Valene, who also lost furnishings in the basement of her Gary house, also appreciated the dinner.

"It's wonderful. It make you feel nice," she said.

Valene saw homes worse off than hers in the disaster, so she chose to look on the positive side.

"We survived," she said. "It could be worse."

Staff Report

CHICAGO - Injury Attorneys Kenneth J. Allen & Associates sponsored the Youth Summit 2008 in Chicago's Washington Park on Saturday, August 23rd. The firm underwrote about one-third of the event's total costs, which was held in conjunction with 35 Chicagoland churches, the United Churches for Christ and the International New Vision Outreach Ministries (INVOM). The Youth Summit is a yearly event geared toward helping disadvantaged youth on Chicago's South Side refocus their lives.

Chicagoland job placement, outreach and city officials came together at the event to offer young South Siders positive alternatives to the streets such as after-school programs, employment opportunities, counseling services and guidance. Entertainment included a concert by local recording artist, Platinum Souls, the Nubian ensemble dance team and a tumbling group, Tumbling for Success.

Kevin L. Tuggles of INVOM said, “The breakdown in family structure in the inner-city has left many youths void of true family structure, morals, and values, leaving them to retreat to the streets and gangs for a sense of 'family belonging.' We must get together as a community to instill the values, morals, and hope in our youth, while they are still in their most impressionable and formative years of life. We hope that these positive values will continue to be the driving factors in life as they mature.

Tuggles thanked Mr. Allen “for his sponsorship, contribution and support...your generosity will help us in our endeavors to help others.”

BY KEN KOSKY
http://www.nwi.com/articles/2008/08/30/news/porter_county/doc50d36aac0be03b7d862574b4007e8050.txt
219.548.4354 | Saturday, August 30, 2008 |

One of the workers who was badly burned by flames in a molten steel accident a year ago at ArcelorMittal's Burns Harbor plant filed a lawsuit Friday seeking more than $55 million.

The worker, Jeremy Schoon, 31, of Valparaiso, filed the lawsuit before Chief Lake Superior Court Judge John Pera.

Attorney Kenneth J. Allen, whose firm is representing Schoon, said Schoon has incurred more than $1 million in medical bills and is physically and emotionally scarred for life as a result of being burned on 60 percent of his body. Allen seeks at least $5 million in personal and monetary damages and at least $50 million in punitive damages.

"As the mills make record profits, death and injury to steel workers continues to increase. Something needs to be done to stop it," Allen said. "The goal of our suit is to send a message to the steel mills and the contractors they hire: Change your business model. Put worker safety first, above increased profits, not the other way around. This is an especially important message on Labor Day."

The lawsuit targets ArcelorMittal; EQ Engineers, which did design work at the facility; and Graycor Industrial Constructors, Inc., which constructed EQ's design work.

Schoon was one of seven workers burned Aug. 28, 2007, when flames and molten steel shot out of a basic oxygen furnace. Although the victims were wearing protective clothing, the heat was so intense they were burned.

Allen said companies like ArcelorMittal should be using some of their record profits to increase safety, but he said safety is actually decreasing.

Schoon's wife, Veronica Schoon, said her husband's life is forever changed, as daily stretching, medication and therapeutic baths consume his time.

She said the hardest thing for her husband is "not being able to do with the children what he's always done."

The Schoons have three children, ages 2, 7 and 10. Veronica Schoon said her husband, who was hospitalized for about a month, is back to work, but in an office because he must be in a temperature controlled environment for the rest of his life.

"It's been hard," Veronica Schoon said, crying.

Allen said Schoon is the first of the seven injured men to file suit, but he expects others to follow.

A spokesperson for ArcelorMittal did not return calls seeking comment.

BY KEN KOSKY
219.548.4354 | Friday, August 01, 2008 |

VALPARAISO | A Valparaiso construction worker -- paralyzed when an "untrained" and "incompetent" heavy equipment operator struck him in the head with an excavator shovel and knocked him into a hole -- will get a handicapped-accessible van, a scooter and perhaps a home.

Bruce Johnson, who is in his mid-60s and currently being cared for by his sister in Florida, is getting a $2.2 million settlement from the responsible parties.

Attorney Kenneth J. Allen negotiated the settlement for Johnson after another Porter County attorney and some Chicago attorneys were unable to help him and declined the case.

"I'm very thankful to (Allen's law firm) for winning my case, especially after the Chicago lawyers all said it couldn't be won," Johnson said.

"This settlement is going to make my life easier and give me some freedom."

Allen said, "It's nice to be able to help somebody."

"It (the settlement) was all he could possibly get, and coming into it he was looking at getting nothing essentially."

Allen said injury victims generally can't sue their own employer, but rather just get workmen's compensation. Johnson and the heavy equipment operator both worked for companies owned by the same individual.

"There are exceptions to that rule (that employers can't be sued)," Allen said.

The defendants in the case were Local Service LLC; Roger Tomlinson, who controlled the job site; M.T. Broviak LLC; Roland Machinery Co.; Mark Fisher, equipment operator; and Komatsu America Corp.

Although the terms of the settlement were sealed, the facts were spelled out in court documents Allen filed Thursday to protect his client from a previous attorney. One of the attorneys is trying to collect more than $10,000 in attorney's fees even though he ended up not helping Johnson.

Johnson was struck April 14, 2004, by a 16-ton excavator operated by a man with no special training, who didn't know standard hand signals for operating heavy equipment, who was an accountant by education and who had a history of embezzlement and forgery, according to court documents. Documents also say the excavator had a broken, missing or defective side mirror.

As a result of the accident, which occurred at a residential construction site at 4407 Goodrich Road in Valparaiso, Johnson became paralyzed. He has limited use of his upper extremities.

Allen said the settlement will pay the hundreds of thousands of dollars in medical bills and pay for Johnson's continuing care. Before becoming a construction worker, Johnson worked at Bethlehem Steel for 36 years until it went bankrupt.

"At least this (settlement) gives him some mobility, some ability to engage in life again," Allen said.

BY BOB KASARDA
Monday, June 23, 2008

VALPARAISO | A jury is expected to be chosen this afternoon to hear the case against an Ohio truck driver accused of running a red light on Ind. 49 and killing a 91-year-old driver.

Sampson Boadi, 42, of Columbus, is charged with felony counts of reckless homicide and criminal recklessness and misdemeanor counts of criminal recklessness and reckless driving in connection with the crash at 12:30 p.m. Oct. 8, 2006, at the highway's intersection with County Road 400 North, or Vale Park Road.

Boadi is accused of running a red light while traveling north on Ind. 49 and striking a westbound car driven by Earl Eaton, of Liberty Township.

Eaton died as a result of chest injuries, according to emergency officials.

The case will be heard in the courtroom of Porter County Superior Court Judge Bill Alexa.

Deputy Prosecutor Andrew Bennett will pursue the case, and Eaton will be defended by attorney Gary Germann.

Surviving family members of the accident victim filed a wrongful death civil suit against Boadi and trucking firms Q.S. of Illinois, Quality Services and Hub Group.

The suit accuses the trucking companies of negligence for hiring and retaining Eaton, who had prior violations of Federal Motor Carrier Safety Regulations, according to attorney Kenneth J. Allen.

The offenses include logbook violations, Allen has said.

The lawsuit seeks an unspecified amount of money.

LEADERSHIP IN LAW
| Wednesday, April 30, 2008 |

Kenneth J. Allen Attorney and Principal, Kenneth J. Allen & Associates, Valparaiso

Indiana University School of Law – Bloomington

Kenneth J. Allen is recognized as a foremost plaintiff lawyer in personal injury and wrongful-death cases, leading Indiana in million dollar verdicts for the last several years. He often speaks at continuing legal education seminars about personal injury and accident litigation. But Allen is also known in the community for his success outside of the practice of law. 

He has made financial contributions to various programs and organizations, such as Unite 2 Fight Paralysis and the Northwest Indiana Spinal Cord Injury Walk; Pro Bono Volunteer Recognition Night of the First Judicial District Pro Bono Committee; and Hilltop Neighborhood House, which helps families and children in Porter County. Allen sponsors "Teachers of Excellence:' which recognizes outstanding local teachers. 

For the past 10 years, Allen and his wife have donated tens of thousands of dollars to buy Christmas gifts for northwest Indiana children. Last year, according to a news report, the Allens gave $50 to every child living in area shelters during the holidays, which was distributed by the United Way partner agency shelters in the form of gift certificates.

It's Allen's generous work with the United Way that has positively impacted the community the most.  Through his donation to the agency, every kindergarten-age child in Lake, LaPorte, and Porter counties' public and private schools received a child identification kit, which included identification bracelets and instructions for taking fingerprints. 

The United Way of Porter County has recognized Allen and his wife as leading contributors to its annual campaign. He's also been a recipient of the Child Safety Advocate Award given by the Indiana University School of Medicine and the Indiana Safe Kids Coalition.

Results are important, but Indiana lawyers are prohibited from advertising statistical data or other information based on past performance.

Feel free to contact us by telephone or in person at our office and we will be happy to discuss our prior cases with you. In the interim, feel free to browse our website for related stories to our cases.

http://www.kenallenlaw.com/news.htm

BY KEN KOSKY
kkosky@nwitimes.com
219.548.4354 | Wednesday, December 06, 2006

VALPARAISO | Northwest Indiana attorney Kenneth J. Allen and his wife, Nina, have played Santa for several years by buying hundreds of Christmas gifts for needy children.

But this year, they are trying something different -- giving away $50 gift cards for children who will spend this Christmas in a homeless shelter or domestic violence shelter in Lake and Porter counties.

Allen said the change will accomplish the goal of making sure children in need have presents, but also will give parents a good feeling by letting them pick out gifts they know their children will like.

"This way parents in shelter can play Santa Claus for their own children," Allen said.

"Hopefully, this will strengthen the bonds between parents and children and bring happiness to these families in need this Christmas."

Allen said there are more than 150 children housed in shelters now, and he said an additional 100 could land in shelters by the end of the year. The Allens gave $12,500 -- enough for 250 children -- to the United Way for distribution to children in its partner shelters.

Allen said he and his wife will make an additional contribution if additional children are in need. If the $12,500 contribution proves to be too large, the shelters can keep the money for birthday presents, Allen said.

BY KEN KOSKY
kkosky@nwitimes.com
219.548.4354 | Friday, October 12, 2007 |

VALPARAISO | A young woman who was rendered a paraplegic when the car she was riding in was struck by a semitrailer five years ago will receive a $24 million settlement from the semi's owner and its insurance carrier.

Lisa Keppen, of Porter County, will receive payments for the remainder of her life, according to the settlement her attorney, Kenneth J. Allen, negotiated for her.

Allen said the money will ensure Keppen's health care will be taken care of for life.

"She would give that money back in a heartbeat if she could erase the tragedy," Allen said.

Keppen, 20, suffered a spinal injury on June 19, 2002 when a USF Holland semitrailer eastbound on U.S. 12 turned in front of the car Keppen was riding in. The crash occurred at U.S. 12 and Kansas Avenue in the Pine Township section of Porter County.

The crash caused Keppen to lose her ability to walk and control her bowel and bladder functions, according to court documents. The documents state she suffers chronic pain and depression, and will require assistance from others for the rest of her life -- an estimated 61 more years. Her medical care will cost an estimated $5.7 million.

"Apart from her economic damages, Lisa has suffered enormous human loss as a result of her injury including: the permanent loss of a normal life, constant and intractable physical pain, emotional suffering and, of course, disfigurement," Allen states in court documents.

Allen alleged USF failed to properly train, test and supervise its drivers. USF didn't admit negligence, but offered a settlement, according to court documents.

BY KEN KOSKY
kkosky@nwitimes.com
219.548.4354 | Saturday, October 06, 2007

PORTAGE | A Portage jury on Thursday awarded $1.25 million to an area resident whose foot was run over and badly crushed during an accident four years ago.

The injured man's attorney, Kenneth J. Allen, said the verdict appears to be an Indiana record for this type of injury and the highest ever awarded in a courtroom at the North Porter County Government Center in Portage.

"The jury worked hard to do the right thing, deciding that this injury will have life-long consequences to Aaron (Jones, the injured man), whose life expectancy is 57.8 more years," Allen said.

"The jury took into account the fact that he can't come back to court 10 years from now when his condition becomes more disabling, so the verdict included money for future problems. The jury's verdict was fair and just."

Jones, 23, who lived in Valparaiso but who now lives in Hammond, was struck Dec. 13, 2003, on Interstate 65 in DeMotte. Jones was a student returning from Indiana University Bloomington in a pickup truck driven by Ray Ramirez III, 25, of Valparaiso. Ramirez spun out on the black ice he encountered on a northbound bridge. He truck hit a guardrail and became disabled, blocking the northbound passing lane.

While Jones attempted to move the truck off the road, Mark Franciose, 19, lost control of his car and hit the guardrail and disabled pickup truck, running over Jones' foot and crushing bones.

"My passion is geology and this injury makes it difficult for me to do my job and complete my doctorate," said Jones, who is working for the Indiana Geological Survey and who is pursuing a doctoral degree in geology.

"The jury's verdict will help me focus on my career goals without worrying over medical bills I can't afford."

The jury served under Porter Superior Court Judge Jeffrey Thode.

BY BRIAN WILLIAMS
bwilliams@nwitimes.com
219.548.4348 | Friday, June 15, 2007

VALPARAISO | Tainted Peter Pan peanut butter led to the salmonella poisoning and kidney failure of 11-year-old Krystina Brugh of Lowell, her family alleges in a lawsuit filed Thursday against ConAgra Foods in U.S. District Court in Hammond.

The suit claims the nation's food supply is at risk due to inadequate oversight and calls for overhaul of the U.S. Food & Drug Administration.

The girl will undergo a kidney transplant Monday, receiving a new organ from her father, the family said at a morning news conference at the Valparaiso office of attorney Kenneth Allen.

The suit seeks unspecified compensatory and punitive damages.

The family wants changes in the nation's "broken system" of food inspection that allow food manufacturers to be self-policing, Allen said.

The FDA cannot force plant shutdowns or force recalls and has no subpoena power, Allen said as he called for the agency's food safety functions to be dismantled and replaced by single agency responsible for food safety.

The February salmonella outbreak and recall of Peter Pan and Great Value peanut butter manufactured at a ConAgra plant in Georgia, Allen said, resulted from inadequate inspection, questionable testing and unsanitary procedures.

Krystina, a cheerleader, gymnast and Girl Scout, was first diagnosed with stomach flu, Allen said. When salmonella poisoning was discovered, it "ravaged her kidneys" and led to months of kidney dialysis and the upcoming transplant.

The lawsuit was brought to protect other consumers and families, Allen said.

"We're not in this for a settlement," Allen said. "We're in this for some change."

Krystina's parents, John and Christina Brugh, said Krystina fell ill in late January after eating peanut butter, her favorite food, two weeks before the FDA announced a recall of the ConAgra product for suspected salmonella contamination.

Stephanie Childs, a spokesperson for ConAgra Foods, said she couldn't comment on the lawsuit, as the company had not seen it yet.

On Feb. 14, ConAgra initiated a voluntary recall of Peter Pan peanut butter based on information from the FDA drawn from a report of the Centers for Disease Control, Childs said.

"It is of deep concern to us that any consumer may have been harmed" by a ConAgra product, Childs said. The company is addressing each complaint of illness from tainted food as appropriate, she said.

BY BOB KASARDA
bkasarda@nwitimes.com
219.548.4345 | Wednesday, December 06, 2006

VALPARAISO | An Ohio truck driver, already facing criminal charges for a fatal crash along Ind. 49, has been named in a wrongful death lawsuit.

Surviving family members of accident victim Earl Eaton filed the civil lawsuit Monday against driver Sampson Boadi, and trucking firms Q.S. of Illinois, Quality Services and Hub Group.

The suit accuses the trucking companies of negligence for hiring and retaining Eaton, who had prior violations of Federal Motor Carrier Safety Regulations, according to attorney Kenneth J. Allen.

The offenses include logbook violations, he said.

"That kind of person should not be on the road, at least as a professional driver," Allen said.

The lawsuit seeks an unspecified amount of money.

Boadi, 41, of Columbus, made an initial court appearance last month and pleaded not guilty to felony counts of reckless homicide and criminal recklessness, and misdemeanor charges of criminal recklessness and reckless driving.

He is accused of running a red light Oct. 8 at County Road 400 North (Vale Park Road) while driving north on Ind. 49 and striking a car driven west by Eaton, 91, of Liberty Township.

Eaton died as a result of chest injuries, according to emergency officials.

If found guilty, Boadi faces between two and eight years behind bars on the reckless homicide charge and up to three years on the criminal recklessness count.

BY KEN KOSKY
kkosky@nwitimes.com
219.548.4354 | Friday, October 06, 2006

A jury on Thursday decided that Ted K. Fields was in bad hands with Allstate and awarded the Valparaiso man $20 million.

Fields' attorney, Kenneth J. Allen, said the jury's decision supports his contention that Allstate acted in bad faith against its customers, and he hopes the verdict sends a message to Allstate and other insurers to treat their customers fairly.

Allen said Allstate has had a policy for the past decade that gives its policyholders two choices -- accept a poor settlement or face a long, drawn out legal fight. He said insurers traditionally pay out 70 cents on the dollar for claims, but Allstate began paying 52 cents on the dollar in order to return millions to shareholders.

Allstate disagrees with Allen's assessment and the decision of the jury in Lake Superior Court Judge Diane Kavadias-Schneider's court.

"We disagree with the jury's verdict and we're disappointed in the resulting damages award," said Karen Spica, senior corporate relations manager.

"Allstate believes the decision in the case by the Appellate Court in Allstate's favor was correct and we will pursue a further appeal to the court. Allstate's claim processes are sound. Our goal is to investigate, evaluate and promptly resolve each claim fairly and on its merits."

The case against Allstate almost didn't go to trial because of an Appellate Court ruling, but the Indiana Supreme Court vacated that decision.

Allen said Fields, 50, who is now retired on disability from his job as a steelworker, suffered spinal injuries in a 1995 crash. After the insolvency of the insurer for Jimmie Woodley, 57, of Gary, the driver who caused the crash, Allstate became responsible under the uninsured motorist coverage it sold Fields.

Fields suffered $7,000 in medical bills and $18,000 in lost wages, but Allen said Allstate forced Fields into a nearly 10-year battle. Allen said many people yield to Allstate's tactics, but Fields would not.

Allen said a doctor and psychiatrist testified during the two-week trial that the stress caused by Allstate's actions contributed to Fields' rise in blood pressure, which led to heart problems and a stroke.

"All I ever wanted was to get my car fixed and my bills paid, but Allstate turned my claim into World War III," Fields said in a statement.

Allen said he believes the $20 million verdict is the largest bad faith verdict ever rendered against an auto insurer in Indiana.

"When Ted was hurt by an uninsured motorist, he believed he was in good hands...," Allen said.

"He soon realized Allstate's good hands were in reality boxing gloves."

Allen said insurance customers have a right to having their claims paid in full and anything less "is flat wrong."

August 17, 2006

Tona Kunz, Daily Herald Staff Writer

An Aurora family is suing the city and its fire department claiming slow ambulance service led to the death of the family's patriarch.

Sheri Myers filed the lawsuit this month on behalf of herself and her three brothers over the death of their father, Vernon Panega.

"It really is everyone's worst nightmare," said Kenneth J. Allen, the Chicago attorney hired by the family. "Ambulances should run. We think a message needs to be sent that this is not the way to run a fire department or emergency service."

According to the lawsuit, Panega experienced breathing difficulty March 9

and an ambulance was called to take him to the hospital. The ambulance arrived, but was unable to leave with Panega because of an undisclosed problem, likely mechanical or fuel related, Allen said. Panega waited about 45 minutes before he was taken in an ambulance, and during that time he suffered a heart attack and brain injury due to reduced oxygen, Allen said.

The 82-year-old who had been in good health prior to the ambulance call never recovered and died July 1, Allen added.

The lawsuit seeks an undetermined amount of money for negligence and wrongful death, claiming the fire department failed to maintain its vehicles and lacked a plan for when vehicles do not operate. The suit says the ambulance was parked in such a way that it blocked other vehicles, prohibiting someone from moving Panega to another vehicle to get him to the hospital.

Aurora fire officials and the city attorney could not be reached for comment.

Sheri Myers, who serves as executor of her father's estate, declined comment.

© 2006 Daily Herald Record Number:

870784

Daily Herald

BY KEN KOSKY
kkosky@nwitimes.com
219.462.5151 | Sunday, August 13, 2006

The family of a Valparaiso motorcyclist killed when a truck smashed into him filed a $30 million wrongful death lawsuit Friday in LaPorte Superior Court.

The crash that killed Larry Davis, 43, occurred June 15 at U.S. 421 and County Road 300 North in LaPorte County. Davis, who is survived by his wife, Darcie, two daughters and four step-children, was operations manager at National Intermodal Services in Chicago.

Police reports state 20-year-old Adam Deutscher, of Michigan City, was driving a Suburban and may have fallen asleep before driving into Davis, who was stopped waiting to turn. A witness told police Deutscher continued driving "with a person on the front of the truck with arms in the air."

Deutscher's vehicle, with Davis still on it, ended up swerving into the opposite lane and striking another vehicle.

"This is one of the most horrific deaths I've come across," said the family's attorney, Kenneth J. Allen.

The lawsuit names Deutscher and his family's company, The Masonry Stop Inc., as defendants. Allen said Deutscher was working for the company at the time of the accident.