Case for Injured Coal Miner Settled
A young man working in a coal mine in Southern Indiana was injured when a methane-coal dust explosion shot tiny bits of coal into his face and arms, causing severe scarring. WKW conducted an investigation, took depositions of several witnesses, and obtained numerous documents outlining safety procedures and policies. The company that owned the coal mine denied any responsibility, claiming that the coal miner’s employer, who had a special expertise in auger mining, had the responsibility for proper safety inspections. WKW contended that federal regulations and industry practice imposed a duty of safety upon the owner of the coal mine in addition to the auger mining company. The case was settled after the trial court judge denied the defendant’s motion for summary judgment, and the decision was in the process of being appealed when the settlement occurred. Videotaped interviews of the injured coal miner’s doctors helped explain the lifelong “tattooing” that the explosion left on the coal miner’s face and arms. WKW attorney Bill Winingham represented the injured miner throughout the case, including the investigation, discovery of the facts, conducting a mediation session, and arguing the summary judgment issues to the trial court judge.
Fire Loss Claim Against Insurance Company Settled
WKW has settled a case for a woman whose house burned to the ground, but whose claim was initially denied by her homeowners insurance company. The insurance company refused to pay the claim because of alleged misrepresentations made by the woman during the claims process. WKW attorney Bill Winingham developed evidence showing that the insurance company was not misled by the woman's representations, that the woman was never suspected of arson, and that the insurance company personnel investigating the claim did not question that the woman suffered substantial loss. An insurance expert wrote a report expressing the opinion that the insurance company had acted in bad faith by denying the claim even though there was substantial evidence supporting the woman's claim that she suffered the loss of all her property in the home when it burned. The case was settled following a federal court settlement conference.
WKW settles case for brain-damaged woman within 12 months
A woman badly injured when a driver crossed the center line of a roadway and crashed head-on into her vehicle has had her case settled by WKW. The settlement occurred after a lawsuit was filed against the other driver, claiming that he was negligent in the driving of his vehicle. The settlement occurred within eighteen months of the accident and only twelve months after we were hired. The insurance company for the negligent driver originally refused to settle the case. The injured woman suffered brain injuries, spine injuries, and was totally disabled. The settlement allows her to continue living in her home and gives her financial security despite her inability to work.
Tire failure case partially settled
An accident which resulted in the death of a young woman in college, and injuries to both her parents and younger brother, has been settled with several defendants. The settling defendants are the auto parts store that sold the defective tire, a store that allegedly negligently mounted the tire on the rim, and a company that retreaded the tire. The tire suffered a tread separation on the interstate, which caused the pickup truck on which it had been mounted to cross the median, and crash into a vehicle coming the other direction on the interstate. Numerous depositions were taken out of state to establish the chain of events which led to the tragic accident. The case is continuing against other defendants, including the tire manufacturer and the company which was the licensor of the retreader.
WKW Settles Case for Woman who Lost Vision in One Eye from Accident on Ice
When a woman shopping on December 23 fell on an icy parking lot in Johnson County, she and her husband came to WKW attorney Bill Winingham for help. A lawsuit was filed against the property owner and the company responsible for snow and ice removal. Deposition testimony revealed a dispute as to the facts of the accident. The injured woman said that the lot was icy and had not been treated with salt or sand, other than the sidewalk area. The defendants claimed the lot had been salted, and claimed the salting was even done by hand in between and under vehicles. The woman fell backwards on the ice and hit her head, causing retinal detachment in one eye with multiple tears, subsequent subretinal hemorrhage, recurrent retinal detachment, and permanent nerve damage in the eye.
The woman eventually lost most of the vision in the injured eye. Calculations were made as to the total amount of medical bills, and money lost from work, in addition to permanent impairment of function due to the eye injury. The case was settled following mediation, only weeks away from the scheduled trial.
Produce company's suit against insurance company reaches settlement
A produce company whose roof suffered partial collapse settled their case in Federal Court at a settlement conference. The company’s roof partially collapsed, causing the need to replace and repair the roof and building. The insurance company denied the claim, and said that the policy excluded coverage of such an event. The produce company contended that the insurance policy should pay, and that the produce company was losing business due to their unrepaired roof and building. WKW hired a structural engineer to evaluate the cause of the collapse, and also retained an expert in insurance affairs to give guidance on the proper interpretation of the insurance policy. The case was settled at a settlement conference toward the end of the year, thereby allowing the produce store to move ahead with the annual selling of its Christmas fruit baskets during the holiday season.
Boone County woman injured by drunk driver obtains settlement
A case against a drunk driver who caused injuries to a woman in a Boone County accident has been settled. The woman was driving south on State Road 421, preparing to turn left, when the drunk driver came up very fast from behind and crashed into the drivers side of her car. The woman suffered neck and back injuries, was unable to work for a period of time, and had years of medical treatment for her injuries. The defendant driver had pled guilty to driving while intoxicated, and had a prior conviction for DUI. The case was settled at mediation after medical reports were obtained from her doctors showing the multiple problems caused her by the crash.
WKW Settles Wrongful Death Case
A lawsuit brought by the family of a mother of two boys against the driver who crossed a center line and killed her has been settled. The fatal crash occurred in Hamilton County, Indiana on State Road 37 near its intersection with Allisonville Road. The defendant inexplicably crossed the center line and crashed head-on into the car driven by the young woman. The lawsuit was brought on behalf of her two sons who were deprived of her love, care, affection, and financial support. The case was settled after mediation, with the assistance of a video settlement documentary containing interviews of many of her family members and friends, describing the close relationship she enjoyed with her sons before the accident.
Woman injured by falling utility pole obtains settlement
A woman who was injured in Indianapolis when a utility pole crashed down onto her vehicle has settled her case following mediation against the power company. The pole had been damaged in a previous crash, and was supposed to have been repaired by the power company. The utility company recently admitted they were negligent in performing the repair, leading to the accident. The injured woman suffered a fracture of one of the bones in her neck, which never healed properly, causing ongoing pain and disability. WKW became involved in the case after the first mediation which was unsuccessful. Additional work was done by WKW which resulted in the power company admitting liability, and eventually agreeing to settle the case after a second mediation and before trial.
Case partially settled for injured motorcyclists in four months
A case against the driver of a car that pulled out in front of a motorcyclist and his passenger wife in Northern Indiana has been partially settled for the limits of available liability insurance within four months of the crash. WKW was able to obtain the rapid settlement by immediately requesting medical bills and records from the hospital and doctors, submitting them to the insurance carrier, and negotiating down the required payback to the health insurer who paid the medical expenses. The quick partial settlement allowed the motorcyclist to continue operation of his businesses. The case will now proceed as an under insured motorist claim, due to the serious injuries suffered by the motorcyclists and lack of enough insurance on the part of the driver of the car.
Overfilled Truck Accident Case Settled
A case arising from a truck overturning and crossing the centerline on a southern Indiana highway has been settled for a young man permanently injured in the crash. The truck which overturned had been overfilled with gravel, and was speeding around a curve when it overturned and crashed into a delivery truck coming the other way. The “black box”, or data event recorder within the defendant truck was obtained and downloaded by WKW and showed the truck was speeding when it entered a series of curves, then was still going faster than the recommended speed around the curve when the driver lost control.
Evidence was developed by WKW showing that the defendant trucking company had ignored the ongoing pattern of its trucks driving overweight on Indiana highways. The injured man suffered numerous leg fractures and was unable to return to his job as a route delivery driver. The case was settled following mediation and before trial. The damages that were claimed included future medical expenses, pain and suffering, and future impairment of earning capacity.
Power Outage at Hospital Prompts Personal Injury Suit
WKW recently filed suit against a hospital, construction company and an electrical contractor for failing to consider the potential danger of the hospital’s expansion project on the safety and well being of the patients. In this particular case, the firm will represent an individual who was under anesthesia during spinal fusion surgery when a power outage occurred, resulting in injury to his spinal cord.
Anhydrous Ammonia Suit Settled
Three years after a WKW client sustained permanent injuries to his right eye, a large financial settlement has been obtained. The case involved the release of anhydrous ammonia from an overfilled tank that resulted not just in serious eye damage, but also burns to the man’s arms and lungs.
Suit Filed in Case Involving Injured Contractor
WKW recently filed suit in a case in which an independent contractor was injured when cabinetry collapsed and landed on his right hand. The contractor had been hired to install tile in a school building.
Bone loss drug Fosamax faces litigation for dangerous side effects
Fosamax is a prescription medication manufactured by Merck & Co. Inc. The drug and its generic counterpart Alendronate are used to treat osteoporosis, a condition in which the body experiences a reduction in bone mass due to depletion of calcium and bone protein. This condition often occurs in older people, especially menopausal women.
Fosamax belongs to a group of drugs known as biphosphonates, which are designed to slow down the process of bone loss by limiting the activity of cells called osteoclasts, which break down bone. First approved by the FDA in 1995, the drug is increasingly coming under fire for serious side effects from prolonged use, including significantly increased risk of fractures to the femur due to thinning of the bone structure. Some patients have experienced severe compound fractures of the femur while doing routine tasks such as walking down the stairs or jumping rope. Fosamax use has also been linked to osteonecrosis of the jaw, a condition in which the bones of the jaw painfully decay and die. This dreaded result can cause the bones of the jaw to become exposed inside the mouth, leading to infection of the jaw bone.
Merck's original package warnings gave no indication of side effects related to weakening or thinning of bone mass or osteonecrosis. After the FDA inquired into the issue in 2008, Merck updated its packaging to include language that specifies a risk of "femoral shaft fractures". The most severe injuries have been associated with long-term use of Fosamax for five or more years.
Wilson Kehoe and Winingham has decades of product liability experience involving pharmaceutical litigation. If you or a loved one have been taking Fosamax and have experienced any significant side effects or injuries you feel were related to the use of Fosamax, we would like to hear from you. Please call us as 1-800-525-8028 for a free consultation or contact us via our website.