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Etzler Lawhead Legal Group, PC

Predominant cause at issue as mental health claims rise

By Workers' Compensation No Comments

Mental health-related workers compensation claims continue to rise, many fueled by the COVID-19 pandemic, relatively new presumption laws countrywide that broaden workers compensation eligibility for post-traumatic stress disorder and other mental injuries, and greater awareness of mental health issues, experts say. Yet traditional mental injury claims can and are being defended, as legal experts report a rise in such claim…

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Patient’s suit against Community Health moves ahead after diagnosis shared online

By Personal Injury No Comments

A woman whose medical diagnosis was mailed to the wrong person and then shared on social media may proceed with part of her suit against Community Health Network, the Court of Appeals of Indiana has ruled, finding genuine issues of material fact remain. After undergoing an examination and medical testing in the emergency department of an Indianapolis Community Health Network…

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Federal Judge Dismisses FedEx From Indiana Shooting Lawsuit, Citing Work Comp Act

By Workers' Compensation No Comments

A federal judge has dismissed FedEx from a lawsuit filed by relatives of five of the eight people who were fatally shot last year at an Indianapolis warehouse by a former employee of the shipping giant. U.S. District Judge James Sweeney on Monday granted a FedEx Corp. motion to dismiss it and three of its divisions from the wrongful death…

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Tractor trailer driver allegedly caused rear end collision in construction zone

By Personal Injury No Comments

A truck driver claims another man operating a tractor trailer failed to stop in construction zone traffic, causing a collision. Plaintiffs Mark and Vicki Penning filed a lawsuit in the U.S. District Court for the Southern District of Illinois against CAT. Inc., Ryder Truck Rental Canada, LTD, and employee Alexandre Bourcier, citing negligence and carelessness. According to the lawsuit, Bourcier…

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Patient alleges stroke symptoms were not properly diagnosed

By Personal Injury No Comments

A patient is suing Anderson Hospital, claiming a doctor failed to properly diagnose and treat his stroke symptoms. Plaintiff John Gaskill has filed a lawsuit in the Madison County Circuit Court against defendants Christopher Lipsmeyer, M.D. and Anderson Hospital, citing negligence and carelessness. According to the lawsuit, Gaskill was a patient at Anderson Hospital under the care of Lipsmeyer on…

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Indiana Teen’s Parents Sue City Over Fatal Crash Involving Police Chase

By Personal Injury No Comments

The parents of a northern Indiana teenager who died along with her boyfriend when a vehicle being chased by police crashed into their car in 2020 is suing the city of Mishawaka. The lawsuit filed by Elizabeth Johnson-Neher’s parents alleges that the December 2020 police pursuit was dangerous from the onset and that Mishawaka police officers were not properly trained…

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Nearly a quarter of COVID comp cases involve long COVID

By Workers' Compensation No Comments

Twenty-four percent of COVID-19 workers compensation claimants have or had long COVID, according to a report released Monday by the National Council on Compensation Insurance. Overall, 20% of non-hospitalized and 47% of hospitalized workers with admitted COVID-19 claims developed long COVID, according to the Boca Raton, Florida-based ratings agency. NCCI relied on claims data extending through the first quarter of…

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Patient allegedly suffered perforated bowel during hysterectomy

By Personal Injury No Comments

A patient claims she suffered injuries, including sepsis, after her bowel was perforated during a hysterectomy. Joyce Grace filed the complaint in the St. Clair County Circuit Court against Protestant Memorial Medical Center, doing business as Memorial Hospital Shiloh, Dr. Kinsey Dinnel and Heartland Women’s Healthcare Ltd. According to the complaint, Grace was in the defendants’ care on Nov. 3,…

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Patient alleges heparin caused low platelet count, resulted in bilateral amputations

By Personal Injury No Comments

A patient claims he suffered bilateral amputations after his platelet count was not monitored while on heparin. Keith Grabowski filed the complaint in the St. Clair County Circuit Court against Protestant Memorial Medical Center Inc., doing business as Memorial Hospital – Belleville, BJC Healthcare ACO LLC, Fairview Heights Medical Group, doing business as BJC Medical Group of Illinois, Dr. David…

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Movie theater contractor not liable for construction worker’s on-the-job injuries, COA affirms

By Personal Injury No Comments

The guardian of a man who was injured while working on a movie theater construction project has failed to convince the Court of Appeals of Indiana that a subcontractor for AMC Theatres owed the man a duty of care. In 2018, Ethan Tinsley fell from a 22-foot, unsecured scaffolding while installing a sound system for a new American Multi-Cinema Entertainment,…

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