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An Illinois appellate court overturned a $30 million verdict in favor of a chemical-flavoring plant worker who claimed that a chemical used in popcorn butter flavoring caused him permanent lung damage. The verdict in Solis v. BASF Corporation was reportedly the largest in a series of popcorn flavoring lawsuits. The appellate court reviewed the question of whether Illinois’ statute of limitations barred the plaintiff’s claim, and ruled that the trial court erred by rendering a directed verdict for the plaintiff on that issue.

The plaintiff, Gerardo Solis, began a nearly two-decade career in the flavoring industry in 1987. His job duties, according to the court’s opinion, often involved working with or near butter flavorings containing the chemical diacetyl. Solis worked at Flavorchem from 1998 to 2006. He spent two years as a compounder, which involves mixing different ingredients to create a final flavor product. He was then promoted to supervisor, but continued primarily working in the area of the plant that produced powder flavorings. He claimed that he noticed an increase in the plant’s use of diacetyl, particularly in butter flavorings for popcorn, beginning in 2000, and that he experienced significant exposure to the chemical from 2000 to 2004.

Diacetyl provides the buttery flavor and aroma in popcorn and other food products. It has been linked to respiratory problems in workers with prolonged exposure, including bronchiolitis obliterans, an inflammation of the small airways in the lungs. This can cause a permanent loss of pulmonary function in some cases. A recent study also found a link between diacetyl and a brain protein believed to contribute to Alzheimer’s disease. Solis received a diagnosis of bronchiolitis obliterans in June 2006. He allegedly suffered permanent lung damage and was eventually told he needed a lung transplant.
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Indiana has been one of the hardest-hit states in a nationwide fungal meningitis outbreak that has caused more than three hundred illnesses and over twenty deaths in eighteen states. Health officials believe an injectable medication from a Massachusetts pharmacy is the source of the infection. The pharmacy has recalled the medicine and ceased its facility’s operations. It is already facing lawsuits from victims alleging injury from a defective product, and Indiana state officials are seeking to suspend its license. Some victims may also be pursuing causes of action for medical negligence against the doctors and healthcare facilities that prescribed or administered the allegedly contaminated drugs.

At least forty-three reported cases, out of a national total, so far, of 328, are in Indiana. Three of the Indiana patients have died. The total death toll, as of October 25, 2012, is twenty-four. Investigations by the U.S. Food and Drug Administration (FDA) and the Centers for Disease Control and Prevention (CDC) have determined that the fungal infection came from injections of methylprednisolone acetate, a steroid-based anti-inflammatory medication used to treat back pain. Authorities traced contaminated vials to the New England Compounding Center (NECC) in Framingham, Massachusetts. They suspect that the contamination occurred during the compounding process.

Victims are suffering from fungal meningitis, an infection affecting the spinal cord. Other types of meningitis may result from communicable viral or bacterial infections, but fungal meningitis is not contagious between people. It usually develops when an infectious fungus species gets into the bloodstream, such as through an injection, and spreads to the victim’s spine. The CDC believes it has identified the fungal species Exserohilum rostratum in at least fifty-two patients. The disease can be fatal, particularly in patients with compromised immune systems, and it can cause severe headaches, nausea, light sensitivity, and disorientation.
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After decades working on repair and maintenance of railroad locomotives, a man developed malignant mesothelioma. He sued multiple companies for alleged asbestos exposure, and the executor of his estate substituted in as plaintiff upon his death. After dismissal by the district court, which was upheld by the appellate court, the U.S. Supreme Court considered the matter in Kurns v. Railroad Friction Products Corp., 132 S. Ct. 1261 (2012). It affirmed the lower courts’ findings that a federal statute preempted the plaintiffs’ state tort claims.

The federal statute in question, the Locomotive Inspection Act (LIA), 49 U.S.C. § 20701 et seq., was passed by Congress in 1915. The law requires railroad carriers to maintain locomotives “in proper condition and safe to operate.” 49 U.S.C. § 20701(1). The statute generally preempts state law claims for locomotive-related injuries. In Napier v. Atlantic Coast Line Railroad Co., 272 U.S. 605 (1926), the Supreme Court reviewed the scope of the LIA’s preemption. It held that the law preempts lawsuits brought by railroad workers as well as passengers. The question presented in the Kurns case was whether it also preempted claims for injuries caused by alleged toxic exposure related to locomotive repair and maintenance, as opposed to injuries in locomotive accidents.

The decedent, George Corson, worked for the Chicago, Milwaukee, St. Paul & Pacific Railroad for about twenty-seven years as a machinist and welder, beginning in 1947. He performed locomotive repair by installing brakeshoes, and he performed maintenance on locomotive boilers by removing insulation. His last year of employment at the railroad was 1974. Several decades later, in 2005, Corson was diagnosed with malignant mesothelioma, a form of lung cancer associated with exposure to asbestos.
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While trampolines remain a popular recreational activity for many children and teenagers, pediatricians have long warned that they pose serious dangers of debilitating spinal fractures or traumatic brain injuries. The American Academy of Pediatrics (AAP) renewed its warnings in a paper published this month in its journal, Pediatrics, reviewing the types of accidents that can occur with trampolines and the injuries that are likely to result.

The trampoline, in its modern form, originated as a “tumbling device” intended for athletic training. A 1945 patent obtained by George Nissen, a competitive gymnast, described a device for use in gymnastic and acrobatic training. Later modifications to the design allowed manufacturers to produce units that could be shipped and assembled individually, and the recreational trampoline was born. While organizations like the AAP, the American Academy of Orthopaedic Surgeons (AAOS), and the U.S. Consumer Product Safety Commission (CPSC) provide safety recommendations for the proper maintenance and use of trampolines, trampoline-related injuries have persisted. Recent safety modifications to trampoline designs, such as protective netting and padding, have not significantly reduced injury rates, according to the AAP. The AAOS noted that injury rates increased parallel to the growth in popularity of trampolines. The AAP has observed, however, that trampoline purchases peaked in 2004, and injury rates have declined since then.

The AAP estimates that an average of 100,000 trampoline-related injuries occur every year. About 3,000 of those injuries result in hospitalization or fatalities. Injuries can result from collisions between multiple users, falls from the trampoline to the ground or floor, and collision with the trampoline frame or springs. While injuries to the upper and lower extremities, particularly fractured or sprained ankles, are the most common type of trampoline-related injury, head and neck injuries are the most dangerous and damaging risk. Impact to the head or neck can cause traumatic brain injury such as concussion, or damage to the cervical spine. In rare cases, trampoline-related neck injuries can cause a vertebral artery dissection, which can cause stroke or other long-term impairment. The AAP estimates that about 0.5% of all trampoline injuries, which could be as many as five hundred each year, result in permanent neurological damage.
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Allstate Insurance released its annual “America’s Best Drivers Report” in late August, listing the cities with the lowest rates of automobile collisions, both per driver and compared to the national average. The survey ranked the two hundred largest American cities, including two cities in Indiana. Indianapolis ranked 60th, and Fort Wayne ranked 31st. Smaller cities tended to rank higher than larger ones. The top city for safe drivers, according to Allstate, is Sioux Falls, South Dakota, while the worst is Washington, DC. The study is useful for Indiana drivers to understand what they are doing well in terms of avoiding car accidents, and where they could improve.

This year’s report was the eighth survey of “best drivers” conducted by Allstate. Actuaries reviewed two years of collision reports from 2009 and 2010 to identify cities with high rates of accident claims. All data used by Allstate comes from its own policy claims, which it says account for about ten percent of all auto insurance policies in the country. It is therefore not a scientific survey, but it provides a useful overview of auto accident statistics.

The study identified two signifiers to determine which cities have the “best drivers.” First, it calculated the length of time between auto collisions for an average driver in each city. Second, it compared the likelihood of an average driver having an accident to the national average. Smaller cities tended to rank higher than the big cities, at least in part because they often present fewer distractions, less traffic, and less uncertainty in terms of road conditions. The top-ranked city, Sioux Falls, has a population of around 156,000 people, making it the 153rd-largest city in the survey. Of the nine cities with populations greater than one million people, Phoenix, Arizona ranked highest on the “best drivers” scale at 53rd.
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After a jury returned a verdict in favor of the doctor in a medical malpractice case, an estate executor appealed on two questions of abuse of discretion: limitations on the scope of questions during the defendant’s deposition, and refusal of jury instructions tendered by the plaintiff. The Indiana Court of Appeals affirmed the trial court’s verdict in Ruble v. Thompson, finding that the court did not abuse its discretion on any of the points raised on appeal.

Larry Ruble filed suit against Dr. Lori Thompson as an individual and on behalf of the estate of his wife, Natasha Ruble. According to the Court of Appeals’ opinion, Dr. Thompson first saw Natasha during her first day of practice after completing her residency in September 1998. Natasha was fifteen years old at the time and sought treatment for abdominal pain. Dr. Thompson reportedly saw Natasha in about twenty appointments over the following forty-six months. A physician’s assistant working for Dr. Thompson requested a CT scan in July 2002, which revealed that Natasha had advanced liver cancer. The scan showed an eighteen-centimeter cancerous lesion, although CT scans and other diagnostic tools can detect lesions as small as one centimeter. Trial experts testified that Natasha had about a five percent chance of survival by the time she was diagnosed, and that her chances would have been as high as fifty percent had diagnosis occurred a year earlier.

Natasha died on April 30, 2004, having married Larry Ruble on March 15, 2003. Larry filed a proposed malpractice complaint against Dr. Thompson with the Indiana Department of Insurance and a state court lawsuit in July 2004. He alleged that Dr. Thompson negligently failed to follow accepted standards of care in her treatment of Natasha, resulting in her death.
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An unexpected invocation of the Indiana Tort Claims Act (ITCA) led to the dismissal of an auto accident lawsuit in Schoettmer v. Wright, et al. The ITCA requires plaintiffs to serve written notice of a planned lawsuit against the state or one of its political subdivisions within 180 days of the loss. The defendant revealed in an amended pleading that it is a political subdivision of the state of Indiana, and the trial court granted summary judgment based on the plaintiffs’ lack of notice under the ITCA. The Indiana Court of Appeals affirmed the judgment with one dissent.

John Schoettmer sustained injuries in a November 24, 2008 automobile accident with Jolene Wright. Wright was acting in her capacity as an employee of South Central Community Action Program, Inc. (SCCAP) at the time of the accident. SCCAP is a private nonprofit corporation designated by the state as a “community action agency.” This makes it a political subdivision of the state, although SCCAP did not reveal this until several months into the eventual lawsuit.

Schoettmer corresponded with a claims adjuster for SCCAP’s insurer for several months after the accident. He rejected the insurer’s settlement offer in August 2009 and retained counsel. After his attorney could not negotiate a settlement, they filed suit against SCCAP and Wright in October 2010. SCCAP answered in November, and amended its answer with the court’s leave in February 2011 to add an affirmative defense of non-compliance with the ITCA. The trial court granted summary judgment for the defendants, finding that Schoettmer failed to serve the required notice by the 180-day deadline, which would have been around May 24, 2009.
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The Indiana Court of Appeals reversed a trial court’s order granting summary judgment for the plaintiffs, and denying summary judgment for the defendants, in a dispute over insurance coverage. In Alea London, Ltd. v. Nagy, et al, two plaintiffs, who had obtained a judgment against a bar for injuries sustained in a bar fight, sued the bar’s insurance company for the judgment amount. The insurer argued that the bar fight constituted an act of battery excluded from coverage. The appeals court agreed, reversing summary judgment for the plaintiffs and instructing the trial court to grant summary judgment for the defendant.

The case originated with a fight that took place on April 30, 2004 at the Copper Penny Sports Bar in Hammond, Indiana. Plaintiff Christopher Buckler had a “verbal exchange” with a woman after he accidentally caused her to spill her drink on herself. Anthony Aponte, apparently in response to the exchange, hit Buckler over the head with a bottle. Buckler’s friend Richard Nagy, Jr., did not witness the battery on Buckler, but saw Aponte leaving the bar with Brandon Odonovich. Nagy followed them, but as soon as he stepped outside the bar, either Aponte or Odonovich struck him in the head with an object, knocking him unconscious.
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A Shelbyville man has submitted a tort claim to the Indiana Attorney General, indicating his intention to file a wrongful death lawsuit against the state’s Department of Child Services (DCS) over the death of his one year-old son. He alleges that DCS ignored warnings that the child’s mother and her boyfriend were abusing the child, and that the agency’s failure to intervene and protect the child contributed to his death. The man also notified the hospital that treated his son of his intent to file a medical negligence lawsuit.

According to Jerraco Noel, he reported the abuse of his son, Jayden, to DCS in July 2011. Jayden was treated in the emergency room of Major Hospital in Shelbyville on July 15, 2011 for injuries resulting from abuse by his mother and her boyfriend. DCS reportedly found Noel’s claims at the time “unsubstantiated.” Jayden died on January 18, 2012 from “multiple blunt-force traumatic injuries to the head.” Prosecutors have charged the mother and her boyfriend with neglect of a dependent causing death. Both have pleaded not guilty.

Noel claims that DCS “failed to conduct a reasonable investigation” after he reported his suspicions of abuse. He also alleges that the agency failed to consult with any of the medical professionals who treated Jayden, and that those medical professionals failed to report the injuries to DCS. He is demanding $700,000, the maximum amount of damages allowed by statute from DCS, for “loss of love and affection.”
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After her husband allegedly died from the effects of asbestos exposure, an Indiana woman filed suit against a company that provided services to his former employer. Her wrongful death lawsuit in Gill v. Evansville Sheet Metal Works, Inc. asserted claims for products liability and contractor negligence. Although the trial court dismissed both claims, and the Court of Appeals affirmed, the Indiana Supreme Court allowed the case to proceed on the contractor negligence claim.

Gale Gill worked for Aluminum Company of America, or Alcoa, at its plant in Newburgh, Indiana from approximately 1963 until 1986. As a “pot room worker,” he was tasked with the operation, maintenance, and repair of smelting pots. He allegedly experienced asbestos exposure during his time at the plant as a result of other people using and handling products that contained asbestos. In 2004, doctors diagnosed him with an asbestos-related illness. He died of lung cancer on May 4, 2005.

Sharon Gill, Gale Gill’s wife, filed suit against an Alcoa contractor, Evansville Sheet Metal Works, Inc. (ESMW), on May 4, 2007. ESMW allegedly provided services to Alcoa at the same work site where Gale Gill had all or part of his asbestos exposure. The exact time and location of ESMW’s alleged work remains undetermined, although all parties agree that any work that might have caused asbestos exposure occurred prior to 1989. The lawsuit went into the Mass Tort Asbestos Litigation Docket in Marion County, where it became subject to a stay.
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