Helping Clients Get The Compensation They Deserve Since 1997
Workers’ Compensation — Logger Permanently Disabled
Our client was employed for years as a logger and hurt his lower back when he fell off a piece of heavy equipment that got stuck in a ravine. The worker’s comp insurance company terminated all his benefits even though he needed ongoing medical care and he was unable to return to any work. We proceeded to trial and proved that our client was permanently disabled and needed ongoing medical care. The insurance company appealed. We are very proud that the Indiana Court of Appeals confirmed the award and held that the attending physician and the Workers’ Compensation Board are the ones who control appropriate medical care for injured employees – it is not within the control of the insurance industry. The decision is Young v. Marling, 900 N.E.2d 30 (Ind. App. 2009).
Product Liability — Over-the-Counter Food Supplement
Our female client took L-Tryptophan — a non-prescription food supplement — for several months and developed a variety of serious health problems including heart arrhythmia and fibromyalgia. We traced the cause back to contamination of the product which the manufacturer hid from American distributors. With the help of Texas co-counsel, we secured a large, confidential settlement from the foreign manufacturer of the L-Tryptophan.
Product Liability — Toy Magnets Hurt Young Kids
Our four-year old client had 12 inches of his small intestine surgically removed after he accidentally swallowed 3 tiny magnets that had dislodged a toy. The toy had been recalled by the manufacturer because several children around the country had been injured by swallowing the magnets. We helped the client to obtain a large, confidential settlement at a mediation conference held in Seattle. The funds were placed in trust for the child to cover his future medical care and the cost of a college education.
Occupational Disease — Employer Must Pay for Future Liver Transplant
Our client worked as the maintenance supervisor for a local hospital. He contracted Hepatitis C while on duty and the hospital refused to pay for any future medical care. The Indiana Workers’ Compensation Board and the Indiana Court of Appeals ruled that the employer must pay for any future medical care related to the Hepatitis C even if that includes a liver transplant for our client. The case is Bloomington Hospital v. Stofko, 705 N.E.2d 515, affirmed at 709 N.E.2d 1078 (Ind. App. 1999).
Personal Injury — Child Wrongful Death Act Amended to Include Viable Unborn Children
In 2002 the Indiana Supreme Court ruled that parents could not file suit for the death of their unborn children under the Indiana Child Wrongful Death Act. For seven years we worked in the courts and in the Indiana Legislature to get the law changed. In 2009 we were instrumental in getting the law amended and now parents can file suit against someone responsible for causing the wrongful death of their viable unborn child. The law is found at Indiana Code 34-23-2-1.
Criminal Law — Client Repays Embezzled Funds & Avoids Criminal Charges
A single mother told us that she had embezzled funds from her former employer but the embezzlement had not been discovered. She could not sleep at night fearing that the police would arrest her in front of her two small children. Two other criminal attorneys told her “not to worry.” We created a way for her to confess to the crime, repay the funds with interest and to avoid criminal prosecution. She sleeps well now that restitution has been paid.
For more information — and to find out how Greene & Schultz can help you — contact us online or by calling 812-336-4357.