Indiana Injury Lawyer Blog

Bartholomew County Sheriff's Dep. Jeff Wehmiller is working to investigate a crash that left a Columbus teenager and a Bluffton dead Friday afternoon. The head-on collision occurred near 5913 W. Indiana 46. Both men, Michael Brickley, 57, of Bluffton and Katlin Piper, 19, of Columbus, were pronounced dead at Columbus Regional Hospital shortly after the crash; however, authorities believe they were both killed instantly on impact.

A five year-old passenger in the truck driven by Brickley, Aeryk Nicholson, was flown by helicopter to Methodist Hospital in Indianapolis for treatment. The child's condition was unavailable Friday night. Another passenger in Brickley's truck, Rochelle Saine, 46, of Bluffton, was transported by ambulance to Columbus Regional Hospital for treatment. Although her injuries were reported as non-life-threatening, no updates were available Friday afternoon.

According to police, it appears that Piper was eastbound on Indiana 46W at approximately 2:56 p.m. when his vehicle crossed the highway's center line and crashed head-on into Brickley's pickup. Police were baffled by what could have caused Piper to move into the westbound lane; however, some witnesses reported seeing a low-flying aircraft at the time of the accident. Police also observed the aircraft, but could not say for sure that it was a contributing factor in the accident. Toxicology tests were submitted; however, police do not believe that drugs or alcohol played a part in the collision.

Continue reading "A HEAD ON COLLISION CLAIMS THE LIFE OF TWO MEN IN BARTHOLOMEW COUNTY INDIANA ON INDIANA STATE ROAD 46" »

Indiana State Trooper, Nick Klingkammer, was in his squad car stopped at a light near the intersection of Keystone and Fall Creek at around 1:30 am this morning when a vehicle driven by Sonja Dixon collided with him.

Klingkammer was taken to the hospital and released; however, it was discovered that Dixon had an blood-alcohol level of .21. Authorities are still investigating the incident; however, at this point they believe Dixon's intoxication was the cause.

A woman, who has not yet been identified by authorities, lost her life Monday morning when her vehicle was struck on north side of Indianapolis near North Michigan Road and Thorny Croft The accident occurred this morning just after 8 a.m.

Authorities reported that a Caucasian female driving a Honda Accord was near the 800 block in the southbound lane of North Michigan Road when she lost control of her vehicle as she approached slowing or stopped vehicles in front of her. Authorities believe she was attempting to avoid the vehicles in her lane and veered into northbound traffic hitting one or two other vehicles. The small two-door Honda Accord she was driving was spun out in front of an approaching northbound SUV. The Accord was t-boned on the driver’s side, and authorities believe the woman was likely killed instantly

The Indiana Worker's Compensation Board has issued a handbook to facilitate employees' and employers' understanding of the laws which govern Indiana Work Comp claims. The following is a link to the Board's website and Handbook posting:

INDIANA WORK COMP HANDBOOK

Continue reading "INDIANA WORK COMP HANDBOOK" »

Two people were seriously injured in a morning car accident near State Road 13 when a truck driver pulled out into the path of a Chevy Impala. Police reported that the driver and a passenger in the Impala were taken to Methodist Hospital in Indianapolis, Indiana, after their vehicle was struck, which caused it to flip and land in a ditch.

The injuries at the time of reporting were not thought to be life-threatening. The driver and a passenger in the truck were not injured in the collision. Immediately following the collision, police shut down portions of SR 13 between 226th Street and 256th Street while crews cleared debris from the accident.

Continue reading "TWO PEOPLE ARE SERIOUSLY INJURED IN MORNING CAR CRASH IN HAMILTON COUNTY" »

The LAP-BAND® Adjustable Gastric Banding System is a gastric banding system that helps individuals lose and control weight by reducing the amount of food that their stomach can hold at one time. According to the parent-company's website, the name "LAP-BAND" comes from the minimally invasive surgical technique used (laparoscopy) and the silicone gastric band placed around the top of the upper part of your stomach. The LAP-BAND® System works by helping individuals control their food intake and supporting long term, sustainable weight loss.

Although this procedure is not the type of surgery one might expect to be covered under a Worker’s Compensation claim, one Indiana pizza store has learned that its insurer will do just that. Boston's, a pizza shop in Schererville, Indiana, was told by an Indiana Appellate Court that its insurer will pay for an employee’s weight loss surgery and a subsequent back surgery. The issue arose after 25-year old and then 340 lb. (he is now listed at 380lbs.) Adam Childers was injured on the job.

Childers was injured in March 2007, when he was hit by the freezer door in the kitchen of Boston’s Gourmet Pizza. The injury, which caused him to fall down, caused Childers heavy back pain that spread to his legs and was said to require an operation. The twist to this story came in when Childers was medically advised that this operation wouldn’t be successful unless he lost some weight. In fact, according to at least one physician's testimony, there was a possibility that if he lost enough weight the back surgery might even turn out to be unnecessary.

Medical testimony offered during the Worker's Compensation Board Hearing, however, demonstrated that Childers was unable to lose weight on his own during the period he had his accident, and so his weight situation at that time, when added to the incident, was found to create a “single injury” under a worker's compensation claim that made him eligible for both the Lap-Band procedure and the subsequent back surgery.

Continue reading "LAP-BAND WEIGHT LOSS SURGERY TO BE COVERED UNDER INDIANA EMPLOYEE'S WORKERS COMPENSATION CLAIM" »

The Worker's Compensation Board of Indiana maintains a website that allows victims of work-related injuries in Indiana to research issues related to potential claims, obtain forms to file claims, and answer common questions regarding injuries sustained while on the job. The website has recently seen a face-lift and has benefited from numerous additions including statutory language, forms, and scheduling details for pending claims. The website is a true asset to Indiana Workers and their families who have suffered injuries while on their job or through their employment. The website can also be an asset for new or operating businesses to research their requirements and obligations under Indiana's Worker's Compensation laws.

Continue reading "INDIANA WORKER COMPENSATION BOARD HAS WEBSITE TO FACILITATE EMPLOYEES INJURED ON THE JOB" »

Westchester County officials are at a loss to explain the actions of the Long Island Mother that got behind the wheel of her mini-van while drunk on vodka and high on marijuana. The deadly combination attributed to her driving the wrong-way down a Westchester highway and killing herself and seven others, including her own daughter.

The Westchester County Medical Examiner released toxicology reports conducted on 36-year-old Diane Schuler following the deadly July 26th crash along the Taconic State Parkway in Briarcliff Manor. The report noted that Schuler's blood-alcohol level was .19%. The legal limit in New York is .08%. Although no criminal charges are anticipated in light of Schuler's death, the Westchester County District Attorney, Janet DiFiore, indicated that her office, accompanied by the New York State Police, will continue to investigate the facts surrounding the collision that caused eight deaths. DiFiore justified the continued investigation noting that she wanted the public and the families of the victims to "understand what lead to this horrific crash".

Among the victims of Schuler's actions were her 2-year-old daughter and three nieces. According to initial reports, Schuler, her daughter and her three nieces were returning home to West Babylon, Long Island, from a camping trip in upstate New York when she traveled nearly two miles against oncoming traffic before colliding head-on with a Chevrolet Trail Blazer driven by Guy Bastardi.

Bastardi was traveling with his father, Michael, and family friend, Daniel Longo. All three men were killed by the head-on collision.

The only survivor of the accident was Schuler's 5-year-old son, Bryan. Bryan is listed in stable condition at Westchester Medical Center, where he continues to receive medical care.

Officials at an amusement park in Indiana are blaming injuries to over forty people on a defective pump. In reports to the press, the President of Holiday World Splashin Safari in Indiana reported that a filter pump malfunction on a water ride sent highly concentrated levels of bleach and muriatic acid into the Bahari River waters at Splashin' Safari on Saturday. The leak caused severe breathing injuries and sent 24 people to nearby hospitals via ambulance. Press reports indicated that nearly 18 others arrived on their own. Two people were kept overnight for observation and have since been released.

FOR INFORMATION RELATED TO INJURIES AND LEGAL ISSUES RELATED AMUSEMENT PARKS, CONTACT:

Continue reading "TOXIC LEAK DUE TO PUMP FAILURE CAUSES MULTIPLE INJURIES AT HOLIDAY WORLD SPLASHIN SAFARI IN INDIANA" »

Erin C. Ford, 20, of Coatesville, became the second victim to succumb to injuries in Sunday's head on collision on Interstate 70. Ford was taken off life support at Methodist Hospital in Indianapolis, Indiana, at approximately 4:15 p.m. on Sunday afternoon according to a press release.
The two-car crash happened around 6 p.m. Saturday near Indiana Highway 267.

Luke Lovins, 21, the driver of the vehicle in which Ford was riding, was pronounced dead at the scene. Lovins had been driving eastbound in his 2005 Chevrolet Malibu with four passengers, including Ford, when a westbound 2000 Ford pickup truck driven by Alfredo Luviano Martinez, 31, of St. Louis, crossed the median and hit them head on.

Thomas F. Ford, 53, Coatesville, remained in critical condition late Sunday at Wishard Memorial Hospital. Debora S. Ford, 50, and Chandler B. Ford, 13, both of Coatesville, Indiana, were taken to Methodist on Saturday and were listed in critical condition.

Martinez was treated at Methodist and released Saturday. Police said his pickup truck might have blown a tire just before the crash. Martinez was not cited, and alcohol is not believed to be a factor in the fatal collision.

The wife of Peru resident and PGA golf professional, Chris Smith, was killed and his children severely injured in a crash on Interstate 69 near Angola, Indiana. Beth Smith was killed while returning from a Father's Day visit with her family in Toledo, Ohio and the SUV she was driving collided with a Greyhound bus transporting a semipro football team from Canada.

Smith's children, Abigail and Cameron, were transported by helicopter to Lutheran Hospital in Fort Wayne, where they were listed in critical condition late Sunday. Their father, Chris Smith, has been competing in the PGA since 1991.

Continue reading "WIFE OF INDIANA GOLF PRO, CHRIS SMITH, DIES IN CAR ACCIDENT ON INTERSTATE 69 NEAR ANGOLA" »

Dr. Philip Gabriele, 44, and his wife Marcella, 33, were found slain Monday morning at the office of the Gabriele Eye Institute in Elkhart, Indiana. Gabrielle, a well-known eye surgeon in the area, had been under Federal indictment pertaining to 15 patients he had provided treatment for in the past. Reports indicated that the 15 cases involved allegations of healthcare fraud, and were only a small fraction of the over 13,000 patients he had treated over the years.

A family friend of the Gabrieles, Susan Manuszak, told police that when she went to the Gabriele home in Granger Monday morning, she found a suicide note. She called police and met them at the Gabriele Eye Institute Office in Elkhart, where the bodies were located.

The deaths were discovered on the day the Gabrieles were puportedly to turn themselves in to law enforcement to face the alleged health care fraud charges.

85-year-old Rochester native, Rosemary Drake, was flown to Fort Wayne, Indiana, after a serious car crash in Warsaw on Sunday. Police say that Drake was headed northbound on Indiana 15 near the intersection of County Road 250 North when her vehicle collided with another vehicle driven by Teresa Cervantes, 38, of Leesburg. Police reported that the impact occurred as Cerveantes attempted to make a right hand turn at the light.

Drake was initially taken to Kosciusko Community Hospital, but was later transferred in critical condition to a Fort Wayne facility. Police reported in a press release that she was scheduled to undergo surgery on Monday morning.

Marcus Shrenker, the Fishers, Indiana, money manager who gained notoriety after he jumped from his perfectly good million dollar-plus turbo-prop Piper Malibu airplane, told media that he "wasn't of sound mind" when he attempted to fake his own death.

Shrenker continues to deny the fact that his jump was a suicide attempt. In a telephone interview with ABC's "Good Morning America", Schrenker said his plane crashed as a result of "clear air turbulence". He claims to have sustained injury as a result of the turbulence.

A federal judge has set a hearing on Thursday to determine whether Schrenker is competent to stand trial on criminal charges resulting from the crash and his alleged financial misdoings. Schrenker told Good Morning America that he has had mental problems for years, and "[t]here was clearly something going on mentally with me starting in 2007". Shrenker went on to tell ABC that family members attempted to have him hospitalized just days prior to his crash, but he had refused. On January 13, 2009, Schrenker was arrested at a Florida KOA campground. This was just two days after he apparently bailed out of his plane over Alabama. According to media reports, Shrenker was attempting to flee family and financial issues that had come to a head at the beginning of the New Year. Shrenker was found in a tent semiconscious and bleeding heavily from self-inflicted knife wounds to his wrist.

IMPD officers were forced to close all lanes of northbound traffic on Indiana's Interstate 465 in Indianapolis after 55-year-old John Wright rolled his semi truck over while trying to exit from eastbound Interstate 70 on Wednesday morning.

Citing excess speed as the cause, police indicated that Wright rolled his truck as he exited from the ramp on I-70 eastbound to I-465 northbound. The semi truck and its trailer, which was carrying four rolls of coiled steel, separated during the rollover. One of the coils reportedly struck another semi, but no injuries were reported in that vehicle. Wright was transported by ambulance to Methodist Hospital for evaluation. His injuries were last reported as minor.

It took wrecker crews and additional emergency personnel nearly two hours to clear the road and reopen the Interstate to traffic. Wright was reportedly issued a ticket for operating his vehicle at an excessive speed.

Continue reading "SEMI TRUCK DRIVER TICKETED FOR DRIVING TOO FAST AFTER HE FLIPS HIS RIG OFF OF RAMP FROM I-70 EASTBOUND TO I-465 NORTHBOUND IN INDIANAPOLIS, MARION COUNTY, INDIANA" »

Two motorcycle riders were injured when the bike they were riding was struck by a truck that was pulling out of Stables Pub near Arlington and Southeastern Avenue. Attending emergency personnel noted that the female passenger has massive head trauma. The driver of the motorcycle was listed as having a fractured ankle.

The driver of the truck that struck the bike was arrested. While DUI is believe to have been the charge, there were no specifics with local media outlets.

A quiet Shelbyville, Shelby County, Indiana neighborhood near Highpointe Boulevard and Central Park Drive was rocked by an apparent murder-suicide early Saturday morning. Swat team and police entered the home of the gunman, Forty-One year old Tan Tran, a few hours after neighbors reported hearing gunshots. Upon entry, they found Christine Ong, dead from a gun-shot wound to the head, and the suspect, Tan Tran, while still alive, had a self-inflicted gun shot to the head. Police also found two other victims; an adult female and a six-year-old boy. The woman had apparently been shot in the leg. The six-year-old boy did not appear to have sustained injury.

Although Tran was life-lined by helicopter to Methodist Hospital, he later succumbed to the self-inflicted head wound. He was pronounced dead by Saturday afternoon.

Continue reading "DOMESTIC DISPUTE LEAVES TWO DEAD FROM MURDER SUICIDE IN SHELBYVILLE, SHELBY COUNTY, INDIANA" »

Aurora Indiana police reportedly engaged in a high-speed auto-chase at around 10 a.m. Thursday morning with a 10-year-old Indiana boy. The chase included a stretch along U.S. 50 near Cincinnati. The boy apparently took off in his parents' minivan before crashing the same into a utility pole after he swerved to miss stop strips that had been put out by cops. The boy was treated for minor injuries at a nearby hospital. He was then transferred to a Lawrenceburg, Indiana, juvenile detention center.

The chase spanned a length of about three-miles before the van collided with the utility pole. A motive for the boy's actions was still being investigated; however, the Aurora Police Chief told the AP that "the boy could face felony charges of auto theft and evading police".

Continue reading "TEN YEAR OLD BOY LEADS POLICE ON HIGH SPEED CHASE NEAR LAWRENCEBURG INDIANA" »

A myriad of law enforcement departments, including SWAT, FBI, the DEA and the ATF swormed a house in Louisville, Kentucky on Friday attempted to coax the surrender of Robert Datillo, Jeffersonville, Indiana. Datillo was the primary suspect in the shooting of two Jeffersonville, Indiana police officers Thursday evening.

According to police, Datillo shot 39 year-old Dan Lawhorn and 32 year-old Keith Broady, both Jeffersonville Police officers, when they reported to a Motel 6 on reports of a domestic dispute. Both officers were transported to University Hospital in stable condition.

Despite their efforts to get Datillo out of the Louisville home, he shot himself to death.

Continue reading "JEFFERSONVILLE INDIANA MAN SUSPECTED OF POLICE SHOOTINGS KILLS HIMSELF IN LOUISVILLE KENTUCKY HOME" »

A licensed practical nurse employed by SNR Medical Services, a third-party contractor for medical services for the Madison County Jail, was attacked by an inmate on Thursday. The inmate, Omond J. Smith, 32 of Anderson, Indiana, had complained of Asthma symptoms while being transported from the Wabash Valley Correctional Facility to the Madison County Courthouse for a hearing.

While receiving treatment from the LPN, Smith apparently got a hold of some type of wire mesh cloth which he used during the attack. Shortly after attempting to restrain the LPN, a guard heard the commotion and intervened to help the nurse.

Smith will be charged with criminal confinement, battery and possession of a dangerous weapon/material. The LPN reported to have sustained only minor injuries.

At around 1 a.m. Indianapolis (eastern) time, a SUV's driver apparently lost control of their vehicle causing it to rollover numerous times. In the process, a female passenger was thrown from the vehicle. She was taken to Methodist Hospital in Marion County, Indiana, and was reported in critical condition. The driver was reportedly doing well, but was suspected to have been driving over the legal alcohol limit when he lost control of his SUV.

Upon learning of the one-car accident, a firetruck was dispatch to the scene. While attending to the scene (with lights on), a second vehicle allegedly side-swiped the fire truck. It's driver did not stop; however, was tracked down by police a little further down the road. That driver too was suspected of operating his vehicle while intoxicated.

Prior to completing their investigation and clean-up of the SUV accident, a third allegedly drunk driver apparently stopped his vehicle in the middle of the interstate (rather than going around the emergency vehicles on the scene). State police were suspicious of the activity and suspected they were also driving while intoxicated.

All three drivers were arrested and charged with Driving Under the Influence.

Continue reading "A CHAIN OF EVENTS LEADS TO THE ARREST OF THREE SUSPECTED DRUNK DRIVERS, A SERIOUS CAR ACCIDENT WITH ROLLOVER, AND A FIRETRUCK BEING STRUCK ON INTERSTATE 465 IN INDIANAPOLIS INDIANA" »

While unloading grain from a silo at the Custer Grain Company in Garrett, Indiana, 55 year-old Melvin Buck was sucked down about 30 feet into grain. Buck reported that the grain fell in like quicksand around him. Emergency crews with the Garrett Fire Department used hoses and buckets to remove the grain away from Buck. He was finally rescued at around 7:30 in the evening.

Rainfall and melting snow caused the White River in Noblesville, Hamilton County, Indiana, to reach flood stage this week. Officials believe the river should crest and fall below flood stage in Noblesville by Saturday.

Although most roads in Hamilton County were able to remain clear of the flood waters, the White River continued to shows signs of rising. The Hamilton County Emergency Management Agency reported that the White River should crest at just shy of 17 ft., which would be just about 3 ft. above designated flood levels.

Officials with the Clarion Health Network, Methodist Hospital, and Clarian Cardiovascular announced that Methodist Hospital has become the first accredited Heart Failure Institute in the State of Indiana and only the fourth such institute in the nation. This designation is provided by the Health-care Accreditation Colloquium.

The designation of a Heart Failure Institute demonstrates a guarantee to provide ongoing cardiac care, efforts to improve patient survival and quality of life, and continuous progress in management of heart failure symptoms.

The procedure by which a facility obtains accreditation is designed around improvement methods, which include an analysis of current practices, comprehensive reports, in depth interviews and onsite review. By obtaining the distinction of accreditation, Methodist has shown that it is proficient in managing heart disease and failure.

Continue reading "METHODIST HOSPITAL IN INDIANAPOLIS, MARION COUNTY, INDIANA IS NAMED AS ONE OF ONLY FOUR ACCREDITED HEART FAILURE INSTITUTES IN THE COUNTRY AND THE FIRST IN THE STATE OF INDIANA" »

Indiana State Police were forced to close two of the three southbound lanes of I-65 just north of Southport Road after a tanker hauling 8,500 gallons of gasoline flipped over and landed upside down. State Troopers at the scene reported that gasoline was knee deep in the ditch where the semi trailer and tractor came to rest.

The driver of the rig, 73-year-old Loren Hooten of North Vernon, Indiana, told police that he didn't know what happened. He was reportedly driving southbound on Interstate 65 south of Indianapolis when the tractor and trailer was sent to the shoulder and went off into the ditch.

The Indiana Attorney General's office is issuing a consumer fraud alert regarding text messages which come from an entity described as "Finance Center Federal Credit Union". The text message allege to notify consumers that their account has unusual activity or has been deactivated. The messages instruct recipients to call a telephone number to provide personal information. The Attorney General reports that the scam is designed to take personal information from text recipients.

Consumers receiving such messages should report them to the Indiana Attorney General’s Consumer Protection Division by visiting www.IndianaConsumer.com or by calling 1-800-382-5516.

Just hours after reporting that a male driver was a third victim in the multi-vehicle pile-up on Interstate 69 just south of Noblesville in Fishers, Indiana on Tuesday morning, Indiana State police confirm that the suspected third decedent had been located in Methodist Hospital. Police blame the magnitude of the accident and the massive number of witnesses and victims as the culprit for the mix-up on information.

Indiana State Police were forced to shut down both directions of nearly 45 miles of Interstate 69 from Fishers in Hamilton County to the Alexandria exit after over 30 cars and semi-tractors were involved in numerous accidents Tuesday, including a deadly chain reaction pile-up in Fishers, Indiana. State police reported that twenty-eight cars and five semi trucks were involved in a chain reaction collision. Two people riding in a semi truck were killed and one person was critically injured. Ten others were taken to nearby hospitals, and police reported multiple entrapments with injuries.

Indiana State Police are blaming weather conditions, speed and drivers following too closely for the deadly chain of events. Police believe the accident started when two vehicles struck a firetruck that was assisting a stranded motorist on the roadside. Those firefighters were not among the reported injured. The accident's initiation point was very close to Fishers High School in Hamilton County, Indiana.

Three of the injured were removed on stretchers. Other witnesses and some of the injured were being taken to Fishers High School to be interviewed and/or treated for minor injuries. Several motorists remained entrapped for over an hour after the accident was first reported. There was also at least one fuel spill from one of the vehicles. Haz-Mat teams were dispatched to assist in clean-up.

Further north on I-69 in Madison County, multiple accidents and pileups were being reported with no resulting serious injuries or fatalities. The accidents involved a stretch of the Interstate from Pendleton to near Ind. 236 east of Anderson.

The sudden snow accumulation that hit the Indianapolis area Tuesday Morning prompted the National Weather Service to issue a winter weather advisory for the southeastern quarter of Indiana. They reported approximately 3.7 inches of snow fell at Indianapolis International Airport in about three hours before 10:00 am.

Continue reading "MULTI CAR PILE-UP NEAR FISHERS, HAMILTON COUNTY, INDIANA CAUSES SERIOUS ACCIDENT WITH MULITIPLE INJURIES AND FATALITIES AND FORCES I-69 TO BE SHUTDOWN" »

Indiana Highway 64 was closed for approximately two hours on Tuesday, while Indiana State Police attended to a fatal car accident that claimed the life of a Marengo woman. According to initial reports, 36-year-old Suzanne M. Mosson lost control of her car on a snow-packed Indiana Highway 64 at about 1:30 p.m. Mosson's car reportedly spun out of control and collided with another car driven by a Milltown man. Mosson was pronounced dead at the scene. The other driver wasn't injured. Accordingly to police, both drivers were wearing their seat-belts.

Continue reading "CRAWFORD COUNTY INDIANA WOMAN KILLED IN FATAL CAR ACCIDENT ON HIGHWAY 64 NEAR MILLTOWN" »

The Honey Creek Fire Department and Vigo County Sheriff’s Deputies responded to a head-on collision at about 8 p.m. on Indiana Highway 63, just south of the Federal Correctional Complex near Ryman Drive. Four individuals were sent to the hospital by ambulance. Initial investigation indicated that a southbound pickup truck collided with a northbound car right towards the middle of the highway.

During a twelve hour period starting at the beginning of work commutes, the Indiana State Police reportedly responded to three slide-off accidents and 10 other car and truck accidents. Only two of the 10 accidents were reported to involve injuries. The Vigo County Sheriff’s Department had similar results and responded to two slide-offs and 13 accidents. Of those accidents, four were reported to have involved injuries.

State Police in the Bloomington District announced a Level 2 warning for travelers, which means conditions are threatening to the safety of the public and only essential travel should be made. Monroe, Owen, Greene, Lawrence and Brown counties fall into the Bloomington District.

Continue reading "INDIANA ICE AND SNOW MAKES FOR FATAL DRIVING CONDITIONS AND CAUSES NUMEROUS CAR ACCIDENTS AND SLIDE OFFS" »

Autrey Lunsford, 70, of Cambridge City, Indiana, was killed Monday night while driving a 2001 Lincoln Town Car eastbound on U.S. 90 in Gadsen County, Florida, in the inside eastbound lane at about 9:41 p.m. According to the Florida Highway Patrol, Lunsford was traveling at a high rate of speed and above the posted speed limit.

Based on preliminary police reports, Michelle Mann, 48, of Midway, Florida, was driving a 2000 Ford Taurus eastbound on U.S. Highway 90 in the outside eastbound lane. Lunsford's car apparently entered Mann's lane and struck Mann's car on its side. Reports indicated that Lunsford's Lincoln then continued east onto the southbound grass shoulder of U.S. Highway 90, and began to rotate clockwise. His Lincoln then struck several pine trees on the driver's side, coming to rest facing southwest. Mann's Taurus came to rest on the southbound grass shoulder of U.S. 90 facing east.

Lunsford was taken to Tallahassee Memorial Hospital, where he was pronounced dead.

Continue reading "WAYNE COUNTY INDIANA MAN KILLED IN CAR ACCIDENT ON FLORIDA HIGHWAY" »

When the CMS issued its new ratings in December, 2008, about 22 percent of the nation's nearly 16,000 nursing homes received the
federal government's lowest rating under the new five-star rating system , while only 12 percent received the highest ranking possible.

The acting administrator for the Centers for Medicare and Medicaid Services, Kerry Weems, said the agency was merely taking existing data already on the agency's Web site and facilitating its use for patients and families. He said it can be difficult for people to understand all the aspects of an inspection, but "[t]his should help consumers in narrowing their choices, but nothing should substitute for visiting a nursing home when making a decision".

Under the new system, five stars means a nursing home ranks much above average, four stars indicates an above average ranking, three stars means average, two is below average and one is much below average. The rankings will be updated quarterly, and the CMS is already getting a lot of flack from the nursing home industry. Many facilities believe the system is just not easily applied under the current investigative process conducted by the states. The key argument in this is that each state has their own subjective process by which they review facility performance.

The system "is poorly planned, prematurely implemented and hamhandedly rolled out," said Larry Minnix, president and chief executive officer of the American Association of Homes and Services for the Aging.

Countering this, however, was Alice H. Hedt, executive director of the National Citizens' Coalition for Nursing Home Reform. She noted, "[f]rom a consumer viewpoint, it's not stringent enough... It's basically taking information already available on Medicare's Nursing Home Compare Web site and pulling it into an easier system for consumers to use, and that is a good thing."

Still, both consumer watch groups and the CMS believe that the system cannot be a substitute for personal inspection and investigation.

In rating the nursing homes, CMS used three year's worth of inspections which were recorded on an annual survey designed to measure how well homes protect the health and safety of their residents.

Continue reading "INDIANA NURSING HOMES CONCERNED ABOUT NEW FEDERAL CARE RATINGS" »

The Centers for Medicare and Medicaid Services (CMS) recently released a new five-star rating system to rank every nursing facility in the country. Two White County Indiana nursing homes came in at opposite ends under the new system. Monticello Assisted Living and Healthcare was given a one-star rating (the worst under the new system) while Whispering Pines received the second to highest rating, four-stars. The ratings were released in December and updated January 15th.

Nearly 28 percent of Indiana's nursing facilities were given one star, the lowest rating. By far, the most troubling area for these facilities was the staffing review. The new rating system uses the national database called the Minimum Data Set (MDS) Repository, which is information collected at intervals on every nursing home resident, and government surveys gathered on each facility. In Indiana, the government surveys are conducted by the Indiana State Department of Health (ISDH). The state summarizes their surveys into report cards on each facility.

Whispering Pines received a score of 184 while Monticello Assisted Living and Healthcare scored 164 under the comprehensive totals. These numbers both compare relatively well compared to the Indiana state average of 193 (the lower the score the better).

The CMS quality-rating system looks at three primary areas: health inspections, staffing and quality measures. Whispering Pines scored four stars in staffing while Monticello Assisted Living and Healthcare scored one star.

Continue reading "MONTICELLO ASSISTED LIVING AND HEALTHCARE AND WHISPERING PINES AMONGST WHITE COUNTY NURSING HOMES RATED UNDER NEW INDIANA AND FEDERAL FIVE STAR SYSTEM" »

As the number of reports and claims of nursing homes abuse and neglect has continued to rise in the last several years, many states have begun enacting consumer protection laws to assist the elderly and their families. These measures have the added intention of holding nursing home facilities accountable for deficient care which leads to abuse, injury, or in some cases, death.

In an effort to circumvent these consumer protection acts and avoid the accountability to which the Federal and state legislatures sought, nursing homes are simply seeking to have clients waive their legal entitlements set forth by the very legislation intended to protect them. In my practice, I have recently had several reports and seen numerous attempts by long term facilities to have new patients execute forms which purport to force claims of abuse or neglect to an arbitration process, or in some cases, seek to entirely release facilities from any potential claim. While the validity of such releases or arbitration mandates have yet to be substantially challenged or contested by the way of case law, their effect to intimidate or at least slow the wheels of justice cannot in honest spirit be discounted.

New patients and their families (including those holding power of attorney or guardianship), must be extremely cautious when executing or approving the execution of documents. All documents should be carefully reviewed, and when necessary, nursing homes or their executive administrators should be questioned about their intent and purpose. No facility or ownership entity can justify a peremptory release of legal rights or even a mandate for arbitration. In either case, patients and their families should question the motive of the documents, and without legal consult, should not execute any documents which purport to restrict a patients legal recourse. Facilities that provide appropriate care should not fear the responsibility and accountability recent consumer protection laws set forth; rather, facilities providing quality care should simply view these laws as a validation or written memorial of the quality assurance process they already have in place.

Continue reading "INDIANA NURSING HOMES ATTEMPTING TO MAKE PATIENTS WAIVE THEIR LEGAL RIGHTS RELATED TO ABUSE OR NEGLECT" »

In early December, 2008, a group of teenagers working at a Minnesota nursing home (two of which are pictured below), were charged with allegations of abuse and sexually humiliation of elderly residents, many of which were suffering from dementia or other mental disorders. Prosecutors contend that six young females were involved in the despicable activity and were named in criminal complaints filed December 1st charging them with cruel behavior at the Good Samaritan Society nursing home, which is located in Albert Lea, Minnesota.

Only two of the girls charged are identified by name as they were not minors at the time the abuse was alleged to have occurred. Brianna Broitzman, 19 (pictured above left), and Ashton Larson, 18 (above right), were two of six alleged to have spat upon, spanked, improperly touched, and tormented residents earlier this year. According to prosecutors, Broitzman allegedly poked one resident's breasts, spit into the mouth of another elderly person, and "put her bare butt" in the face of a resident. Larson was alleged to have once "inserted her finger into a resident's rectum," spit water on another "vulnerable adult," and would deliberately bathe a resident in a rough manner so the elderly man would get an erection. The 4 minors were identified in the complaints by their initials and dates of birth. Broitzman alone was charged with 11 criminal counts, and Larson was charged with 10 counts. Each face up to a year in jail for each count.

Continue reading "NURSING HOME ABUSE AND NEGLECT PLACES MINNESOTA TEENS IN HOT WATER" »

The Henry County Indiana Sheriff's Department reported that 31-year-old Timeka Felton and 12-year-old Justin Boxley of Kankakee, Illinois, were killed and two others injured when their car struck the rear of a semi truck and trailer just after 7 a.m. on Thursday. The two were pronounced dead at the scene.

Also injured, Nicholas Felton, 38 of Kankakee, Illinois. He was initially taken to Henry County Memorial Hospital in New Castle. He was later transferred to Methodist Hospital in Indianapolis. Mya Jackson, 6, another passenger in the vehicle, was taken by life flight to Methodist Hospital in Indianapolis.

According to their initial investigation, police believe the semi tractor was eastbound when it collided with a different passenger vehicle. It was believed that the semi driver then stopped his truck in the left lane, at which time the Felton vehicle slammed into the right rear of the trailer becoming pinned underneath it. Police do not believe that weather was a factor in the accident.

Continue reading "TWO ILLINOIS RESIDENTS KILLED IN CAR ACCIDENT WITH SEMI TRUCK ON INTERSTATE 70 IN HENRY COUNTY INDIANA JUST EAST OF INDIANAPOLIS" »

Indiana State Police trooper, Shaun Rawlins, 25 suffered minor injuries Sunday while patrolling eastbound I-70, when his cruiser came across ice near the 51 mile marker and struck a guardrail.

Rawlins, a relatively new trooper joined the Indiana State Police in December 2007, and is stationed out of the Putnamville State Police Post. According to reports, Rawlins suffered injuries to his back and was transported to Hendricks Regional Health for treatment. He was reportedly then released to recover at home.

A new Department of Health and Human Services' five-star system for rating nursing homes has placed all six Grant County Indiana nursing home facilities amongst the worse in the country. All six facilities, including Colonial Oaks Health Care Center in Marion, Miller’s Merry Manor in Marion, Park Villa in Marion, Twin City Health Care in Gas City, University Nursing Center in Upland and Wesleyan Health Care Center in Marion received the lowest possible rating, one star.

All six Grant County nursing homes were ranked below average on their composite score which is based on local health inspections, staffing and quality measures. In looking to the details of the ratings, University Nursing Center in Upland lead the six Grant County facilities with a score of 232. While leading the Grant County, University Nursing Center was nicked for environmental concerns which, according to their administrators, was likely due to the aging of their facility.

The lowest score amongst the Grant county facilities was garnered by Twin City Health Care. Although showing some moderate improvements, the facility administrators apparently blamed the evaluation process for their poor results. A spokeswoman for the facility, Mandel, noted that she was critical of the way the state composes the report cards, noting that it’s too focused on paperwork and ignores the quality of resident care. Local media reports quoted her saying, “I’d rather have hands-on care than documentation,” she said. Overall, Mandel said, she thought the Twin City staff was doing well. She believes administrators are listening to feedback and will continue to improve their facility.

The following is the comprehensive scoring for the six Grant County Indiana facilities (the higher the score.....the worse the rating). The Indiana State Average was 194:

University Nursing Center: 232
Miller’s Merry Manor, Marion: 246
Colonial Oaks Health Care Center: 278
Park Villa: 344
Wesleyan Health Care Center: 397
Twin City Health Care: 729

Continue reading "GRANT COUNTY INDIANA NURSING HOME FACILITIES DINGED ON NEW FEDERAL FIVE STAR RATING SYSTEM" »

In a letter to the Editor of the Indianapolis Star Newspaper, President and CEO of the Indiana Association of Homes and Services for the Aging, Jim Leich, wrote the following retort to a January 6, 2009, article titled, "Indiana nursing homes rated among worst.

Amongst other things, the article attempted to counter the very poor ratings his organization and several Indiana Nursing homes received under the CMS new five-star rating system. According to Federal Government officials, the system was put into place to create accountability for the facilities and help end consumers make good choices in the homes they choose for their family of loved ones:

Continue reading "PRESIDENT AND CEO OF INDIANA ASSOCIATION OF HOMES AND SERVICES FOR THE AGING REBUTS THE NEW CMS FIVE STAR RATING SYSTEM" »

Michael John Kozlowski, 23, of Schererville, Indiana, was charged Thursday with five counts of homicide in connection to a crash he allegedly caused while operating a semi truck and trailer. Prosectors charge that Kozlowski's reckless driving and falling asleep behind the wheel of a semi truck killed five people, including the Chippewa Falls band director, Douglas Greenhalgh, 48; his wife Therese, 51; and their 11-year-old granddaughter, Morgan Greenhalgh. The driver of the bus, Paul Rasmus, 78, and student teacher Brandon Atherton, 24, were also killed. Several students were also injured on the bus carrying the high school band home from a weekend competition. According to Wisconsin State Police, the charter bus filled with 44 students, teachers and chaperones from Chippewa Falls High School, plowed into Kozlowski's semi trailer that had overturned and jackknifed on the highway, blocking both lanes. In total, Kozlowski was charged with 11 felony counts of reckless driving causing great bodily injury and nine misdemeanor counts of reckless driving causing injury.

According to prosecutors, the night before the crash (October 14, 2008), Kozlowski stayed out late partying. He then took off from Indiana and was reportedly driving erratically before falling asleep. Apparently, Kozlowski had veered of the road after crossing into Wisconsin and then over-corrected causing the truck to overtun on Interstate 94. Two witnesses apparently support the prosecutors version of Kozlowski's driving.

The complaint filed by Wisconsin Prosecutors cited information from Kozlowski's truck's global positioning system, and indicated he traveled to an Indiana tavern Oct. 14 to attend a going away party for a co-worker. Tavern witnesses reported that Kozlowski was at the tavern until closing time early Oct. 15th. Those witnesses also told investigators Kozlowski was drinking hard liquor at the Indiana tavern, but there is no mention in the complaint on any blood-alcohol test that may have been performed.

According to state law, the maximum penalty for Kozlowski on each of the homicide charges is 10 and a $25,000 fine. Kozlowski faces up to 3 1/2 years in prison and fines of up to $10,000 on each of the felony reckless driving count, and up to a year in prison and $2,000 fine on each misdemeanor count.

An investigation by the National Transportation Safety Board also found possible problems with the brakes on the bus; however, the agency believes a lack of skid marks on the interstate may, however, indicate that the bus driver did not have time to stop.

Continue reading "SCHERERVILLE INDIANA SEMI TRUCK DRIVER CHARGED WITH FIVE COUNTS OF HOMICIDE IN CONNECTION WITH A CRASH THAT KILLED FIVE PEOPLE AND INJURED OTHERS" »

Melvin A. Trent, a 76-year-old Plainfield resident, was killed Tuesday when his westbound 1998 Ford Taurus crossed the center line and crashed into a Hendricks County Highway Department salt truck near County Road 300 East in Danville, Indiana.

The Highway Department salt truck was driven by John L. Baumunk, 70, of Lizton, and was travelling eastbound. Mr. Trent was pronounced dead at the scene. Baumunk was not reportedly injured. Police do not know why Trent's vehicle left his lane, and the Hendricks County Sheriff's Department was still working to determine the cause of the accident.

According to new media reports, the Fishers Indiana business man who attempted to fake his own death by jumping from a turbo-prop single engine plane on Sunday has been apprehended by U.S. Marshals.

Indiana authorities will now seek to have him brought back for prosecution to answer to charges filed in Hamilton County Superior Court in Indiana. On Tuesday morning, Hamilton County prosecutors filed an Affidavit for Probable Cause and an Arrest Warrant citing allegations of investment fraud.

Marcus Schrenker, 38, an Indianapolis suburb financial investor, was discovered late Tuesday at a northern Florida campground. Just two days prior, Schrenker had apparently tried to fake his own death in a plane crash. Schrenker owned the plane he jumped from and is reported to have been a very accomplished pilot with video demonstrations appearing across the web showing him flying at over 200 mph beneath a bridge. Authorities believe Schrenker parachuted to the ground and later sped off on a motorcycle that he had previously stashed away in a central Alabama storage facility.

At the time of his arrest, Schrenker had reportedly sustained a self-inflicted gash just below his elbow and extending to his wrist. The US Marshall's office indicated that he was airlifted to Tallahassee Memorial Hospital, where he was listed in fair condition early Wednesday.

Although evidence was still being investigated, by all accounts Schrenker's activity revealed a well-orchestrated chain of events apparently intended to fake his death and run away from looming legal action. Prosecutors in Hamilton County Indiana had been investigating financial fraud.
Authorities reportedly served a warrant on New Year's eve, just one day following a Petition for divorce that was filed by Schrenker's wife. An Indiana Department of Insurance investigation was apparently probing three Schrenker businesses that had been under a cloud of suspicion after angry investors accused him of stealing investments and taking unauthorized commissions.

At 38, Schrenker had amassed what appeared to be an impressive accumulation of wealth. He collected luxury automobiles, owned two airplanes and lived in a 10,000-square-foot lake house in an upscale Indianapolis suburb neighborhood known as "Cocktail Cove," where affluent boaters often socialize with cocktails in hand.

While Marcus Schrenker continues to make national headlines for his D.B. Cooper impression, few media outlets are reporting his prior ties with the Hamilton County Prosecutor's Office.

According to Court records, Schrenker and his wife filed suit in the Federal Court of the Southern District of Indiana in 2005 against the Hamilton County Sheriff's Department, the Hamilton County Prosecutor, Sonia Leerkamp, and the Town of Fishers, as well as an individual deputy prosecutor and Sheriff employees. In their FEDERAL LAWSUIT, as filed by Indianapolis Attorney, Jeffrey McQuary, Schrenker alleged that he was wrongfully detained, arrested, and physically and emotionally injured following an incident with a motorcycle.

According to the lawsuit, Hamilton County Sheriff Deputy, Donald Ball, wrongfully and forcefully arrested Schenker on allegations that he was illegally operating a motorcycle near his then McCordsville, Indiana, home. Along with these allegations, the lawsuit also referenced harassment by the Hamilton County Prosecutor and a Deputy Prosecutor in an attempt to avoid reporting the Sheriff's Deputy's actions. According to Court records, the case was dismissed in 2007.

Continue reading "PLENTY OF BAD BLOOD BETWEEN MARCUS SCHRENKER AND HAMILTON COUNTY INDIANA PROSECUTOR" »

A Hamilton County Indiana Judge agreed to freeze the assets of pilot and Indianapolis businessman, Marcus Schrenker, 38, following an alleged attempt to fake an emergency with his single engine airplane, and then parachute from it before it crashed in a swampy area a few hundred yards from a residential neighborhood in the Florida panhandle. The temporary Order was issued in conjunction with an Affidavit for Probable Cause and an Arrest Warrant filed by the Hamilton County Prosecutor's Office on Tuesday.

According to police, Schrenker's financial businesses were under investigation by the Indiana Department of Insurance. Preliminary investigations indicate that Schrenker exited his small plane before it crashed, and later checked into a hotel in Alabama under a fake name before putting on a black cap and fleeing into nearby woods.

According to local media reports, the US Marshall's office has been dispatched to locate Schrenker; however, details of the search were not yet being released to the public. Airport officials at the Anderson Municipal Airport in Anderson, Indiana, indicated that Schrenker left the airport by himself on Sunday in a six-seater Piper PA-46. At the time of the incident, records indicate that Schrenker was president of three Indianapolis financial agencies called Heritage Wealth Management, Heritage Insurance Services, and Icon Wealth Management, all Indianapolis based organizations sharing the same address. According to the Indiana Secretary of State's Office, those three companies were under investigation for possible securities violations at the time of Schrenker's disappearance.

Officials believe the plane crashed at 9:15 p.m. CT on Sunday in a swampy area off the Blackwater River in East Milton, Florida. According to reports, Schrenker made a distress call to air traffic controllers indicating that the window of his plane had imploded and he was bleeding profusely. Controllers tried to tell the pilot to divert the flight to Pell City, Alabama, but he did not respond.

After the call came in, military aircraft were dispatched to intercept the plane. The pilots spotted the Piper and deployed flares to illuminate the plane as it was flying, but noticed that its door was open and the cockpit was dark. Meanwhile, Schrenker was reportedly more than 220 miles north of the crash site in Alabama. Officials in Florida received a call on Monday from the Childersburg, Alabama Police Department indicating that a white male fitting the description of Schrenker had approached a Childersburg's police officer, and indicated that he had been in a canoeing accident with friends. According to reports, Schrenker's pants were wet from the knees down. According to a police news release, Schrenker also had parachuting goggles and his own Indiana Driver's License with him.

At the time Schrenker approach them, Childersburg police had not been advised of the plane crash. Per his request, they took Schrenker to a nearby hotel. When reports of the crash came in, police went back to the hotel and entered Schrenker's room but he had already left. According to hotel staff, Schrenker paid for the room with cash and checked in with a fake name.

Continue reading "INDIANAPOLIS INDIANA BUSINESSMAN FAKES HIS OWN DEATH WITH PLANE ACCIDENT" »

The Indiana Department of Labor is reporting that 62,326 claims involving one or more days of missed work were filed in 2007. Of those claims, 92 fatalities were reported.

17,724 agreements to compensation were filed with the Board. Of those agreements, 9,860 were TTD (Temporary Total Disability) agreements and 7,864 were PPI (Permanent Partial Impairment) agreements

1,665 requests were made for independent medical examinations.

5,971 applications for disputed claims were filed, with 3,203 claims closed by agreement between the injured worker and the worker's compensation insurance carrier. Those 3203 claims were not necessarily claims filed in 2007.

Continue reading "INDIANA DEPARTMENT OF INSURANCE RELEASES 2007 INDIANA WORKER'S COMPENSATION STATISTICS" »

The last time a smoking-ban bill was introduced in Indiana, the measure did not even make it out of a legislative committee.

This may be in part due to Indiana's number 6 rating as the highest adult smoking state in the country. Thirty states across the country have now enacted a version of smoke-free provisions. Despite Indiana's holdout, supporters of a smoking ban believe the current economic and social environment may make the issue ripe for passage of a bill.

Currently, several cities throughout the State have enacted their own varying smoking bans. But critics say that prohibiting smoking in private enterprises infringes on individual rights. Numerous hospitality sectors of the economy are anticipated to put up a big fight, including the casino, bar and restaurant industries.

Continue reading "INDIANA MAY RECONSIDER STATEWIDE SMOKING BAN" »

Sarah Woodruff, a 20-year-old Ball State Student, was killed in a single vehicle accident on Interstate 69 near Pendleton in Madison County. According to police reports, Woodruff was believed to have been text messaging on her cell phone just before her SUV rolled several times and throwing her out of the vehicle. Preliminary investigation revealed that Woodruff was not wearing her seat belt and may have been speeding at the time she lost control of her vehicle.

Indiana State Police believe that Woodruff's accident was due to driver inattention and cite cell phone use as a contributing factor in the crash.

Continue reading "SINGLE CAR ACCIDENT ON INTERSTATE 69 NEAR PENDLETON, MADISON COUNTY, INDIANA CLAIMS THE LIFE OF BALL STATE STUDENT " »

Recent data released by the Centers for Medicare & Medicaid Services indicate that Indiana Nursing Homes now rate among the 10 worst in the nation. Under the CMS' new ranking system, nearly 28 percent of the state's nursing homes received a one star rating, which is CMS' worst rating under their five star system. Only six states had a higher percentage of substandard nursing homes.

According to the CMS website, the Five-Star Quality Rating System was created to help consumers, their families, and caregivers compare nursing homes more easily and help identify areas about which you may want to ask questions. This rating system is based on continued efforts to improve nursing home care as a result of the Omnibus Reconciliation Act of 1987 (OBRA '87), a nursing home reform law, and more recent quality improvement campaigns such as the Advancing Excellence in America’s Nursing Homes, a coalition of consumers, health care providers, and nursing home professionals.

Nursing home ratings are taken from the following three sources of data:

Health Inspections
Staffing
Quality Measures

More stars are better.

***** Much Above Avg.
**** Above Avg.
*** Average
** Below Avg.
* Much Below Avg.

Continue reading "INDIANA NURSING HOMES AMONGST THE WORSE IN THE COUNTRY IN STAFFING AND SUBSTANDARD CARE" »

Illinois State Police near Pesotum, Champaign County, Illinois, confirmed a motor vehicle accident on Interstate 74 did involve at least one fatality. The accident reportedly took place near mile marker 213.

Illinois State Police closed the westbound lanes of Interstate 74 as a result of the one-vehicle accident. The crash was just one among many on I-74, and numerous city, county and rural roads.

The Sheriff's Department in Vermilion County, Illinois reported that a number of cars were in ditches, but no serious injuries or problems had occurred by that time. Illinois State Police troopers reported as many as 10 crashes involving property damage and 50 reports of vehicles that had slid off the roadway and into the ditch in district 10 near Champaign.

The weather also succeeded in giving drivers in Indiana a few headaches earlier this morning. Indiana State Police reported numerous slide-offs on I-74 and along Indiana Route 63 in Vermillion County, Indiana. The Vermillion County Sheriff's Department also responded to a couple slide-offs this morning, but no injuries were reported to be related to the accidents. Sheriff's departments in Fountain County and Warren County Indiana were not reporting any incidents as a result of the icy conditions.

Continue reading "ICY ROADS THROUGHOUT ILLINOIS AND INDIANA CAUSE NUMEROUS CAR ACCIDENTS AND AT LEAST ONE FATALITY" »

A fatal accident and numerous collisions were the product of icy roads throughout central Indiana on Tuesday. The fatal accident involved a twenty-year-old Petersburg woman driving on Indiana State Road 57 near Evansville.

The Gibson County Sheriff's Department reported that the vehicle driven by Eboney Star Alvey, of Petersburg apparently went out of control while driving on a railroad overpass near Oakland City in the early hours Tuesday. According to police reports, Alvey's vehicle collided with a truck in the opposite lane. Witnesses reported her vehicle then burst into flames. Portions of Interstate 65 were temporarily closed in the Seymour and Columbus areas to allow salt trucks to catch up on roadway treatments.

Continue reading "SINGLE CAR MOTOR VEHICLE ACCIDENT CAUSES DEATH OF TWENTY YEAR OLD IN SOUTHERN INDIANA" »

An accident involving a 1974 Piper single-engine plane claimed the life of a Northern Indiana couple. According to media reports, 64 year-old Lowell Owens and 51 year-old Susan Owens were killed when their plane went down in eastern Tennessee while returning home from Gatlinburg, Tennessee. The aircraft went down on Saturday near Washburn, Tennessee, which is approximately 35 miles northeast of Knoxville.

According to the Federal Aviation Administration's investigation, the Owens' were flying home to Warsaw, Ind., when the accident occurred. The FAA is still attempting to determine the cause of the flight's doom.

Continue reading "INDIANA COUPLE KILLED IN SINGLE ENGINE PLANE CRASH" »

Placing your loved one in a reputable long-term care facility is just the first step in ensuring they are well cared for. Regardless of complaints or sanctions found during state and federal inspections (be they few or many), residential facilities are often understaffed. This fact in concert with the advanced needs of elder patients can create a worrisome environment. As an advocate for your loved one, you've got federal (and sometimes state) law on your side to insist that your relative or friend gets the quality of care they deserve. The Code of Federal Regulations (CFR) and your state law contain many protections.

The following are just a sample from the Code of Federal Regulations:

• Care Plans
Each nursing home resident is entitled to a personalized "care plan," that addresses their respective medical and safety needs. This plan must have an anticipated goal of ensuring a resident/patient maintains their highest practicable physical, mental and psychosocial well being. Federal law requires that facilities do a full assessment of a resident's condition within 14 days of admission, and at least every 12 months thereafter. A care plan should include measurable objectives and timetables.

• Visiting Hours
In my experience with friends or family members that have loved ones in nursing homes, it is not at all uncommon for facilities to put forth the idea that Family can only visit during visiting hours. Not only is this mendacious, Federal legislation actually specifically prohibits such rules. 42 CFR 483.10(j) allows immediate family the right to visit at any time. In fact, we often advise clients to visit during off-hours so that they can perceive their loved one's environment when staff members aren't expecting visitors.

• Skilled Care or Rehabilitation Services
In the past, we have had clients tell us that their parents' nursing home facility has terminated skilled care or rehab services because their Mom or Dad weren't making progress. Again, however, this is contrary to federal and often times, state law. Assuming that the resident would benefit from such services, a facility is charged with trying to maintain their condition regardless of progress. All facilities are required to make sure that a person's ability to carry out activities of daily living doesn't deteriorate. The only exception would be if the individual's medical condition deteriorates to such an extent that termination of the activity is in their better interest.

Continue reading "FEDERAL AND INDIANA NURSING HOME LAWS PLACE POWER IN THE HANDS OF FAMILY MEMBERS" »

Under a new proposal the Indiana Family and Social Services Administration plans to pursue in 2009, nursing homes scoring higher on their State and Federal inspections would be rewarded with higher Medicaid payments while those that don't could suffer cuts. The Indiana FSSA disputes that this is just a cost-saving measure noting that they would have pushed for this proposal regardless of the economic condition. To effect the plan, however, the FSSA must have the policy established through a rule-making process that requires a public hearing and economic evaluations. That will likely take about six months. Despite this, the discussion could be usurped by lawmakers, who are expected to have several bills dealing with nursing home reimbursements and inspections when they return to the Statehouse later this month.

Proposed changes face objection by the Indiana Health Care Association

The Indiana Health Care Association is a group that, among other things, serves as a lobbying mechanism for Indiana nursing homes. The Association has cited a number of objections and proposed changes to the FSSA proposal. Local media reported the association's president, Stephen Smith, as saying "[w]e completely agree with the intent [of the FSSA proposal]". "But we think there's more discussion to be had about the actual approach." The proposal is part of a larger plan by FSSA to adjust to weakening state revenue and put more recipients into plans that manage health costs so that more spending is matched by Federal dollars.

Continue reading "NEW INDIANA PROPOSAL WOULD CUT FUNDING FOR NURSING HOMES THAT SCORE POORLY ON STATE INSPECTIONS" »

An Indiana Nursing home resident, Rodney Kenney, died after catching fire while sitting in his wheelchair at Regency Place, a Dyer, Indiana, Lake County, nursing home. Rodney Kenney, 72, died at a Chicago hospital where he was treated for burns. State Inspectors say the Alzheimer's patient was severely burned when his clothing caught fire as he sat in a wheel chair. Authorities say they found a cigarette lighter near Kenney, but that he was not a smoker. In fact, state law prohibits smoking in nursing homes and patients are not allowed to possess smoking materials.

Continue reading "INDIANA NURSING HOME RESIDENT DIES AFTER CATCHING FIRE IN WHEELCHAIR" »

The Indiana Department of Transportation (INDOT) has been testing high tension cable barriers on two stretches of Indiana interstate for about 2½ years. In late 2005, barriers were installed on Interstate 65 between Zionsville and Lebanon and on Interstate 69 between Noblesville and Anderson. In the three years prior to those installations, the INDOT reported that the same two sections of Interstate combined had 12 fatal crashes, 11 serious injury accidents, and 69 accidents involving injury.

The13-mile test section on I-65 was hit 69 times within the first eight months of its installation; however, there were no vehicles permitted to pass through the barrier and there were no serious injuries in the crashes where the barrier was struck. The cable barrier stopped also stopped at least one semi tractor-trailer.

Beyond those initial eight months, the success of the barriers have continued. Since their installation, those same stretches have had no fatal crashes, five serious accidents and only 13 accidents involving injury. INDOT reported this as an 84 percent reduction in fatalities and accidents involving injury. Most importantly, the cable barrier has provided a 100 percent stoppage of vehicles crossing the median. The success of these test sections has prompted an increase look on the part of the INDOT to place additional barriers throughout the State. Areas of increased risk and high volume accidents are set to get attention first.

Continue reading "INDIANA DEPARTMENT OF TRANSPORTATION IS TESTING NEW CABLE SYSTEM TO PREVENT FATAL CROSSOVER VEHICLE ACCIDENTS" »

When you are injured in the course and scope of your employment in the State of Indiana, your employer or their insurance carrier typically has the right to direct your medical treatment.
In most cases, the employer is required to provide a physician, free of charge, for the treatment of injuries an employee sustains. This employer/insurance carrier control, however, can create conflict when large employers and/or their insurance carriers use the same providers repeatedly.

Continue reading "INDIANA'S WORKER COMPENSATION STATUTES FOSTER AN ENVIRONMENT WHICH COULD CREATE CONFLICT BETWEEN HEALTHCARE PROVIDERS AND THEIR EMPLOYEE PATIENTS" »

Even though at least fifteen police officers have been killed in Crown Victoria Police Interceptor (CVPI) rear-end collisions, and more than double that number have been burned or injured since 1983, the CVPI continues to be the most popular police cruiser for Indiana State Police, City and Sheriff departments. Indiana is not alone in their preference for the CVPI, as the CVPI is the most common vehicle used by our nation’s law enforcement. In fact, in the State of New York, CVPI’s constitute over 80% of the State Police’s cruiser inventory.

Following a near fatal collisionwith a New York State Trooper (driving a Crown Vic) and a semi tractor trailer, US Senator Charles E. Schumer today renewed his call for the National Highway Transportation Safety Administration (NHTSA) to re-open and broaden an investigation to determine why the car and its sister models catch fire upon impact.

Schumer said that now that over a dozen officers in the country, including a New York State Trooper near Yonkers in December, have been killed in Crown Victoria accidents, the problem must be investigated immediately. A County Deputy Sheriff narrowly escaped death Friday morning when his Crown Victoria police car collided with a tractor trailer and caught on fire.

Schumer renews call for National Highway Transportation Safety Administration to investigate why Crown Vics are susceptible to fiery accidents, and how to better remedy the problem. Previous attempts to retro-fit the cars have had little impact, and the most recent incident in New York demonstrates this ongoing issue. "This is a no-brainer. No one should have to explain how important it is to make sure our police officers have cars that are safe. We know that there's a problem, and now we need to figure out what we need to do to solve it," Schumer said. "If that means changing cars so that a different model is used, so be it. Time is of the essence and the longer we wait, the more accidents we'll see."

In May of this year, Schumer said the NHTSA should continue to investigate why the cars are especially susceptible to explosions, rear-end and otherwise, and what can be done to remedy the problem. Because NHTSA's previous suggestion to retro-fit the cars did not prevent recent accidents, Schumer said the NHTSA should consider whether there should be a nationwide moratorium on the purchase of any additional CVPI’s until remedial measures – like installing fuel bladders used in the auto racing industry, and fire suppression systems like those used in military vehicles – are proven effective.

Continue reading "SENATOR ASKS NHTSA TO REOPEN INVESTIGATION INTO POPULAR INDIANA POLICE VEHICLE FOLLOWING NEAR FATAL ACCIDENT WITH SEMI TRACTOR TRAILER" »