CHARITY FREEMAN: Every year hundreds of Indiana consumers are injured by products that are dangerous or defective, despite the fact that there is a federal agency, the Consumer Product Safety Commission. It is charged with protecting the public from unreasonable risk or death from consumer products. There is still a lot of dangerous product out there. Here today to talk to us about the legal claims that arise from dangerous or defective products is David Farnbauch, personal injury lawyer from the Sweeney Law Firm in Fort Wayne, Indiana. David thanks for joining us today.

DAVID FARNBAUCH: It’s great to be here. 

CHARITY FREEMAN: From your perspective why are so many adults and children harmed by defective consumer products every year?

DAVID FARNBAUCH: I think that one of the reasons why we see so many injuries from defective products is that oftentimes these products are put on to the marketplace with very little testing, before they are put on store shelves.

CHARITY FREEMAN: What role do government agencies like the Consumer Product Safety Commission play in keeping these dangerous and defective products off the market?

DAVID FARNBAUCH: Well the Consumer Product Safety Commission is a governmental agency that really serves as a watchdog and keeps statistics information on harmful products. They have a website that consumers can visit to check on whether there has been complaints or issues related to a particular product. 

CHARITY FREEMAN: Under what circumstances can the manufacturer of the product be held liable if the person using their product is injured?   

DAVID FARNBAUCH: Well, a product liability case involves a product that is unreasonably dangerous to consumers. So, if a product does not perform as it’s expected to perform or if it malfunctions or does something that causes an injury that should not be expected with the use of that product, there’s potentially a legal case flowing from that injury.

CHARITY FREEMAN: Are there many lawyers or law firms that can handle product liability cases or is it a specialized area?

DAVID FARNBAUCH: I would say that there are very few law firms that do handle product liability cases and the primary reason for that is that any type of a product reliability claim you are going to be going up against a manufacturer that is normally going to be very well insured and have a lot of sophistication with the funding of these types of cases. So, it takes a significant amount of financial resources to handle a product reliability claim, so therefore very few law firms handle these cases.

CHARITY FREEMAN: David what if one of our viewers is injured by a product that was defective or did not perform as it was supposed to. What is the first step they would take in pursuing a legal claim?

DAVID FARNBAUCH: Well I think the first step with any type of product reliability case, this sounds simple, but it’s important to retain the evidence. Oftentimes in product reliability cases something happens to the machine or the part or whatever that malfunctions, so it is very important to maintain the evidence. The other important advice that I can give is for viewers if you are involved in a product reliability claim, oftentimes there will be investigators or insurance adjusters that are dispatched to the person’s home to obtain a statement, I would counsel someone not to give a statement unless you have spoken with an attorney first. Then the other advice that I would give is that if you were injured as a result of a product that malfunctioned I would contact the law firm with experience in handling product reliability claims.

CHARITY FREEMAN: Mr. Farnbauch thank you so much we appreciate the information that you shared with us today about product reliability cases.

DAVID FARNBAUCH: I was great to be here.

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“This is the time of year when a lot of people are involved in serious motor vehicle accidents weather that be motorcycles or on highways when there is more travel. What we see frequently in our office is when people are involved in a serious accident, there is often times not enough insurance coverage on the part of the party or person that causes the motor vehicle accident so there’s a need for you to go underneath your own coverage, your own automobile policy to be compensated for a serious accident. We always recommend to people when they come to our office is to contact your auto insurance agent and make sure that you have what they call Underinsured and Uninsured Motorist coverage. Uninsured obviously applies to a situation where the person that causes the accident does not have any insurance. Underinsured refers to a situation where the person that causes the accident has some insurance but not enough to cover the full extent of your damages. With the cost of medical care now, it doesn’t take very long when you are in the hospital to run through a person who only has let’s say $25,000 or $50,000 of liability insurance coverage. You can go through that coverage in a week or two in the hospital so it’s important to get adequate insurance coverage to protect you against the other guy.”

“Even if the other guy is required by state law to have insurance, a lot of people still don’t have it.”

“A lot of people. The statistics I’ve heard vary, but they say up to 20% of the drivers on the roadways do not have any insurance what so ever.”

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“You’re going to have to rely on your own Uninsured Motorist Coverage to protect you for your medical expenses, your lost wages, for your injuries, permanency, those types of things.”

“Dave Farnbaugh is an injury lawyer with Sweeney Law Firm and says it’s critical to carry coverage protecting yourself against Uninsured and Underinsured motorist. At least $100,000 worth of coverage is advised.”

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CHARITY FREEMAN: According to the National Institute of Medicine July 2006 report medication errors harm an estimated one and a half million people in the United States each year causing upwards of three billion dollars in extra medical costs. Needless to say these are alarming numbers for  what seems to be a largely preventable problem. Here today to talk about medication errors is and the cases that may arise from them is David Farnbauch from the Sweeney Law Firm in Fort Wayne, Indiana. David thank you for joining us.  

DAVID FARNBAUCH: Its a pleasure to be here today. 

CHARITY FREEMAN: Mr. Farnbauch I have to admit that I had no idea that theses numbers were so large, that there were so many people that are harmed each year by either being given the wrong medicine or the wrong dosage of a medicine. Can you give us some examples of the types of cases you see in your office involving medication errors?

DAVID FARNBAUCH: I would say that the most common form of medication error that we see in our office is when someone is prescribed an incorrect dosage for a medication. Oftentimes there will be a doctor’s order that’s written that’s misinterpreted by either a pharmacist or somebody that is prescribing the dosage of medication or administering the dosage of medication and someone will receive 10 or twenty times the amount of medication they are supposed to receive.

CHARITY FREEMAN: From your perspective what are some of the factors that account for some of the increasing trend in patient suffering injury or even death from medication errors?

DAVID FARNBAUCH: I think one of the big things that accounts for the number of medication accidents or errors that we see is simply the amount of medication now administered to patients. It is not uncommon for elderly patients in a nursing home to be on a dozen different medications. When you have that many different medications that are being prescribed it increases the odds that there is going to be some sort of an error as a result of administering that medication.

CHARITY FREEMAN: What are some of the things that viewers can do to protect themselves or a loved one, maybe a parent who is receiving medication in a nursing home from being the victim of a medication error?

DAVID FARNBAUCH: There think there are two things. The most important thing is to keep a list of what medications the loved one is supposed to be receiving and the dosages and match that up with what is actually being administered by the pharmacy, nursing home, or physician. The other thing is oftentimes we hear from families that there is an onset of some unusual symptoms, but there is a delayed reporting of those symptoms and problems to a doctor or the facility. So if you noticed some unusual symptoms it’s important to bring it to the attention of the nursing home or the doctor.

CHARITY FREEMAN: If one of our viewers or one of our viewer’s loved ones is hospitalized for a medication error what is the first step that they can take in pursuing a legal claim against the doctor, hospital, or nursing home it was involved in the error?

DAVID FARNBAUCH: I think one of the most important steps is retaining the evidence if there are medication bottles of the drug that is  involved to retain that evidence. The other thing is if there is any type of a medication error. I think it is important to contact an attorney or law firm that handles these types of cases to give advice before contacting the insurance company or medical provider that is involved.

CHARITY FREEMAN: I am sure that some of our viewers will be concerned about the cost of a legal case involving a medication error. Is it expensive to pursue this type of legal case? 

DAVID FARNBAUCH: I don’t think these cases are expensive for the consumer because these cases are handles on what is a contingent fee basis. What that means is that the attorney fee is based on a percentage of the recovery. If there is no recovery by way of a settlement or a jury verdict in the case then the client is not charged any attorney’s fees. Most law firms who handle these types of cases will advance the litigation expenses and will only charge expenses if there is a recovery in the case, so it really does not cost anything to pursue these cases. 

CHARITY FREEMAN: David we appreciate spending time with us today and talking about this topic of medication error that’s effecting thousands Hoosiers every year.   

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CHARITY FREEMAN: It seems like it is almost a weekly occurance on the news we hear of an industrial accident or construction related accident that result in serious injury or even death. Despite advances in workplace safety there is still significant risk to workers when they are on the job. Today we are here to talk about the legal liabilities that stem from workplace accidents with personal injury lawyer David Farnbauch from Fort Wayne, Indiana. Welcome David.

DAVID FARNBAUCH: Great to be here.

CHARITY FREEMAN: David correct me if I am wrong, aren’t there government agencies and regulations that serve as a watchdog for workers who are involved in the construction trades in factories.

DAVID FARNBAUCH: In fact there are governmental entities that are charged with overseeing the safety of workplace accidents. Specifically OSHA, the Occupational Safety Health Administration. They are in charge of monitoring safety at work sites.

CHARITY FREEMAN: Can you give our viewers some examples of cases that arise due to injuries in the workplace.

DAVID FARNBAUCH: Well one of the most common examples of injury that occurs in the workplace is a fall from, for instance, a scaffold or a ladder or there is some kind of opening in a roof or a worker will fall through a roof to the ground and suffers severa injuries.

CHARITY FREEMAN: David I heard that if a worker is injured on the job he or she is limited to worker compensation benefit. Is that true? 

DAVID FARNBAUCH: No that’s not true. In many instances if someone is injured at work. If the fault is as a result of a fellow employee one will be limited to workman’s compensation benefits. However there are many instances where an injury on the worksite will give the injured worker the right to sue another party or another corporation as a result of those worksite injuries.

CHARITY FREEMAN: You have been handling workplace and construction related accidents for the last twenty-five years. It would seem to me those cases are more involved and more complex than a regular personal injury case like an auto accident is that true?

DAVID FARNBAUCH: That is the case. These types of injuries are complex because you are normally suing a number of contractors and subcontractors of different entities. So most lawyers do not handle workplace or construction accident cases.

CHARITY FREEMAN: What advice would you give someone who has been injured in a workplace or construction related accident?

DAVID FARNBAUCH: I actually have two pieces of advice to give an injured worker who was injured in a workplace accident. The first bit of advice that I would give is to not give a recorded statement to an investigator or insurance adjuster who’s investigating an accident unitl you consult a lawyer. The other piece of advice that I would give is to hire a lawyer that has experience in handling workplace accidents. Because as I said these cases are difficult. They require some specialized knowledge and it makes sense to get someone who has handled these types of cases before.

CHARITY FREEMAN: Mr. Farnbauch thank you for taking time out of your busy schedule to help us and provide some information about these types of cases.

DAVID FARNBAUCH: You’re welcome.

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CHARITY FREEMAN: Traumatic brain injury or TBI is a serious problem in the United States. Every year nearly 1.7 million people suffer from a traumatic brain injury from an accident or trauma. Traumatic brain injury is one of the leading causes of permanent disabilities in our country. If you, a family member, or a loved one has suffered a brain injury that was caused by the fault of someone else then you may need a lawyer with experience in handling head injury cases. With us is attorney David Farnbauch personal injury lawyer from the Sweeney Law Firm in Fort Wayne, Indiana. David is going to share with us. What is special about head injury cases and why do you need someone with expertise on that? David thanks for joining us.

DAVID FARNBAUCH: It’s good to be here.

CHARITY FREEMAN: David I am sure most of us have heard about cases where someone is in a head-on collision and are in a coma for a long time, but are there cases where people suffer brain injury and have long-term effects where they have only lost consciousness for a short period of time? 

DAVID FARNBAUCH: I think that one of the big misconceptions about brain injuries is the notion that you have to have some sort of severe head trauma with a brain bleed or you have to go into a coma in order to have permanent brain damage and that certainly is not the case. We see frequently in our practice situations where one suffers a relatively modest blow to the head and they do not have any sort of a brain bleed or hemorrhages showing up on an image study and yet they can have a permanent brain injury. So you can have permanent brain injury without the loss of consciousness or without any sort of a brain hemorrhage.  

CHARITY FREEMAN: In those cases where someone doesn’t have a brain bleed or subdural hematoma that is picked up on an x-ray or an MRI, how can a brain injury be diagnosed? 

DAVID FARNBAUCH: Actually most brain injuries are not diagnosed through conventional imaging studies like x-rays and MRIs. The most common way that a brain injury is diagnosed is through referral of the patient to a neural psychologist who conducts a battery of tests usually lasting about a day known as neuropsychological tests. They are designed to pick up or diagnose brain injuries.

CHARITY FREEMAN: What are some symptoms that someone could have if they have had a mild to moderate traumatic brain injury?

DAVID FARNBAUCH: Well there are a number of symptoms that a patient will experience if they have had a brain injury. One of the most common symptoms is what we call post traumatic amnesia where they will have little or no memory of a traumatic event. Other common symptoms include difficulty with concentration, difficulty with memory, agitation or personality changes. So there is any number of symptoms that a patient may experience after a brain injury.

CHARITY FREEMAN: Are there specific brain injury treatment programs and support groups for people who have had a traumatic injury?

DAVID FARNBAUCH: There are specific brain treatment centers located throughout the United States. In Indiana we have a brain injury association that is a support group and an information source for families who have suffered a brain injury locally. There are support groups in the Fort Wayne area that work with families that have suffered from a brain injury.

CHARITY FREEMAN: Your law firm has handled a number of these cases over the years. What are some of the challenges when you are presenting these cases to an insurance company or jury?

DAVID FARNBAUCH: Well, I think one of the most significant challenges with brain injury cases is what we have discussed before which is normally in these cases there won’t be any kind of an obvious subdural hematoma that shows up on an x-ray or MRI, so if you do not see any kind of a brain bleed on an MRI then what you have to rely on is neuropsychological testing to prove that someone has suffered a brain injury. The other thing that we have to rely on to prove a brain injury is testimony from a person’s family members or their co-workers who present testimony on how the person, their personality and their mental functioning has been altered after an accident or a brain injury.

CHARITY FREEMAN: David what advice can you offer someone who has suffered a traumatic brain injury because of someone else or at the fault of someone else? 

DAVID FARNBAUCH: Well I think that the best advice that I can give a family who has a family member that suffered a traumatic brain injury in an accident that is contemplating a legal case is to find an attorney who has specialized knowledge and training in brain injuries. These are cases that involve calling a number of doctors to testify and involves some pretty specialized knowledge regarding brain injury, so if you get an attorney that has not handled a brain injury case before. It’s going to be difficult for that attorney to present the case properly.

CHARITY FREEMAN: David thank you. That’s really helpful information. We appreciate you taking the time to discuss traumatic brain injuries.

DAVID FARNBAUCH: It was a pleasure to be here today.

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“There was a recent study that came out in the Indianapolis Star. They did a pretty comprehensive study of the nursing homes in the state of Indiana and they found out that Indiana ranks 51st out of the 50 states. You might say, “Well how did we get to 51st?” They also counted the District of Columbia. But Indiana ranks 51st lowest in the quality of nursing homes in the United States. So obviously this was a very troubling study for the legislators and the nursing regulators in Indianapolis when they learned that we ranked dead last in the quality of nursing homes. They studies a lot of factors particularly the amount of man hours that were spent on each patient by CNAs and Nursing Assistants. They found once again that we rank dead last in the United States. They found that the for profit nursing homes were lower in quality than the not for profits as well so that was another result of the study. What I thought that I would suggest today are some things that our viewers can do if you find yourself in a situation with a loved one who you don’t feel is receiving appropriate care. There are some things that you can do, most notably there is an Ombudsman program in the state of Indiana where you can contact a person in our area that is responsible for responding to complaints in nursing homes and if you want to contact once again my office through the website, I will give you all that information for the Ombudsman. The other thing that your gonna wanna do if you have a loved one that’s about to go in a nursing home, I think you’re really gonna wanna do some research to the term “What is the best nursing home to place your loved one in” and there are some really good websites out there right now, most notably there’s a website called “Nursing Home Compare” that will give you great information comparing one nursing home, the quality factors of one nursing home versus another. Also, the Medicare website has some good information where it now gives nursing homes an actual grade, A-B-C-D and so on. So if you’re gonna put your loved one in a nursing home, and you’re about to make that decision, your really need to do your home work and do your research before you select a facility.”

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