The drug Ranitidine was introduced in 1981 under the brand name “Zantac” and soon became the world’s top-selling prescription drug.  The effect of Ranitidine was to decrease stomach acid production and it was commonly prescribed to treat heartburn, GERD, and peptic ulcers.

Unfortunately, some ranitidine medicines contained an impurity that has been classified as a human carcinogen at low levels.  Throughout the end of 2019 and into 2020, several studies have been conducted by public health agencies including the FDA and there have been multiple recalls of medications containing ranitidine and national retailers have pulled the medications from the shelves.

In light of this newly developing information, lawsuits have been filed across America to find out what manufacturers knew about the dangers caused by their products and when they knew it.  Depending on how the investigative and litigation process progresses, ranitidine users who subsequently developed cancer, particularly cancers of the bladder or stomach, may be entitled to compensation for their damages.

At the time of writing this blog (June 24, 2020), there are currently 245 Zantac cases filed in a Multi-District Litigation (MDL), which is somewhat similar to what’s commonly known as a class action lawsuit.

MDLs carry with them a certain level of complexity and organization that can be overwhelming.  If you have any questions about the ranitidine/Zantac MDL or any other multi district litigation, feel free to CONTACT US

It recently made the news that Vanessa Bryant, the widow of Kobe Bryant, has filed a lawsuit against the company that operated the helicopter that Kobe Bryant, his daughter, and seven others were killed in on January 26, 2020.

The Crash

Kobe Bryant had been known to take helicopters as opposed to driving due to Los Angeles traffic. On this particular day, Kobe was taking the helicopter to his daughter’s game with a few of her teammates, their parents, and coaches. The crash is still under investigation but reports suggest it happened as a result of pilot error while flying in heavy fog. In the midst of it all, most were wondering why the pilot, Ara Zobayan, chose to fly in those conditions.

According to CNN the fog was so dense that the LAPD had decided to ground its helicopters. So, why was Ara Zobayan flying? According to reports, the pilot received Special Visual Flight Rules (SVFR) clearance. SVFR clearance allows a pilot to fly in weather conditions worse than those allowed for regular visual flight rules. The investigation is continuing in efforts to find what mistakes were made that led to nine people losing their lives.

Why Bring a Lawsuit?

There is a conventional wisdom that people make claims or file lawsuits because they’re greedy for money. In our experience, nothing could be further from the truth. Aside from medical bills & lost time at work, people with serious injuries often face a lifetime’s worth of medical challenges. A settlement compensating someone for injuries caused by another’s negligence is their one opportunity to try and help them work through the physical and financial challenges that come with being seriously hurt.

But then you have people like the Bryants. Considering Kobe’s career in the NBA, his family is almost certainly not in need of money in the way that others who have not been so successful are. It’s hard to fathom that she sees this case as a get-rich-quick scheme because, frankly, she’s already there. If I had to guess, she is most likely making this claim to make a difference.

Unsafe Toys

There is a long history of tort cases causing individual businesses, and even whole industries, to make changes to promote consumer safety. For example, in 2005 a 2-year-old boy in Virginia died after eating small magnets that had fallen out of a broken Magnetix toy. His parents thought he had a stomach bug, when he actually had a string of magnets and blocking his intestine, leading to his death. They resorted to the civil justice system after nothing was being done by the manufacturer and after more kids got hurt in similar incidents. The result? Changes being made by the manufacturer and the Consumer Product Safety Commission to implement new safety standard tests before toys with magnets can be put on the shelves.

Defective Tires

Similarly, in the late 90s and early 00s, there was a rash of defective Firestone tires on Ford Explorers that failed while driving, killing hundreds and seriously injuring who knows how many more. There was a recall, but it was civil litigation that revealed that Ford knew about the tire issue that could lead to rollover accidents but that Ford tried to hide that evidence. If not for the civil action, it’s possible that nothing would ever have been done to hold Ford to its responsibility for selling a safe product and, importantly, to get an unsafe product off of shelves when it found out about a major safety issue.

The history of tort law is full of examples like these where individuals made a claim or filed a lawsuit and fought against giant corporations to make changes to safety. There is a chance that Mrs. Bryant may not win this case, but even with a loss it could inspire a change in policy. Helicopter pilots may think twice before asking to fly in dangerous weather conditions and SVFR clearance may tend to err on the side of caution as opposed to letting experienced pilots test their limits.

A major principle of tort law is to try and put people back in the position they were before their injury. This is generally a fiction though. There’s no time machine available to go back and tell a pilot not to fly in conditions or to take a drunk driver’s keys. Sometimes, the best Plaintiff’s can hope for is that a claim or a lawsuit causes enough financial trouble for a defendant (or raises the possibility of financial trouble for an industry) that better safety practices are put into place to protect others from suffering the same kinds of harm that the plaintiff has.

Be safe out there.

The news broke over the last week that David Bisard was released from prison to start serving probation. Many in the Central Indiana biker community and the community overall have expressed outrage that Bisard could be released after serving only 3 ½ years of an announced 16 year sentence.  I want to take the chance to try to show how this happened and let you know how you can make sure your voice is heard.

First, in 2014 the Indiana Legislature re-wrote the criminal code for the state. Notably, the old system of felonies graded by letter (4 levels from D to A) was replaced by a number system (6-1).  Bisard was sentenced under the old system for his convictions for:

1: Operating a Vehicle with a BAC greater than 0.15 Causing Death – Class B Felony

2: Operating a Vehicle with a BAC greater than 0.08 Causing Serious Bodily Injury – Class D Felony

3: Operating a Vehicle with a BAC greater than 0.08 Causing Serious Bodily Injury – Class D Felony

For a Class B Felony, the penalty range was 6-20.  A Class D Felony ranged between 1-3 years.  So the maximum possible penalty Bisard, or anyone else facing the same charges, could have received on paper was 26 total years.  He also could have gotten as low as 6 years.  Bisard’s actual sentence was:

Class B Felony: 13 total years.  10 years in prison.  3 years suspended to probation.

Class D Felony: 1 ½ total years.  1 ½ totals years in prison

Class D Felony: 1 ½ total years.  1 ½ totals years in prison

TOTAL Sentence: 16 total years.  13 years in prison.  3 years suspended to probation

So how does someone sentenced to 13 years in prison get out in 3 ½? First is good time credit.  When he was sentenced, an inmate received one day of good time credit for each day served.  So when he was sentenced to 13 total years in prison, it effectively was a 6 ½ year prison term.  Second, Bisard also received jail credit days for the time he was in custody awaiting trial.  Additionally, he received his associates degree while in prison and was given the benefit of another time cut.  Good Time Credit and time cuts happen every day because of the system that was and is in place.  Most of us are just generally unaware of it unless it happens with a defendant that has harmed us or one of our loved ones.

What’s Broken?

There are a number of issues with the sentencing laws for this crime. For example, with the rewrite of the criminal code the maximum actual number of years for what Bisard did is now 8 years instead of 10.  Also, with the rewrite, there is never a mandatory executed sentence for a drunk driving causing death unless there is also a hit & run component.

The definition of “Serious Bodily Injury” also deserves to be looked at by the legislature. As it is written, serious bodily injury covers everything from a broken arm to putting someone in a coma.  In either case, there are no enhancements beyond the 1-3 year penalty range for the degree of injury or level of intoxication.  This is more pronounced now because the equivalent charge has a 1 – 2 ½ year penalty range with the same 50% credit time system.

The civil law system also has disadvantages in a case like this. Because Bisard was working as an IMPD officer at the time of the crash, any claim for compensation by those injured by him is subject to the Indiana Tort Claims Act (click HERE for a video with more information on the ITCA).  So whether someone has passed away or suffered lifelong and debilitating injuries, the most the government can be required to pay to compensate is $700,000 per person.  At first blush this sounds like a great deal of money, unless you’ve seen the medical bills that come along with catastrophic injury.

How to be Heard

The problems with the David Bisard sentencing are not unique to him. Victims, and their families, all over the state have this happen to them every day.  The only people who can make changes to the criminal and civil laws that allowed this situation to happen are the legislators at the Indiana General Assembly.  Click HERE to find your legislator and let your voice be heard.

Matthew S. Bigler, Esq.

Recent temperatures above 70 degrees for the first time in 2015 served as a reminder that it will soon be “Riding Season” for the tens of thousands of motorcycle and bicycle enthusiasts in Indiana. The Big Thaw also revealed the obscure dangers that lurk on our crumbling roadways as the vanishing freeze gives way to pavement failures, with potholes here, there, and everywhere!  It is not too soon, or too early, to once again raise awareness of the importance of safely Sharing the Road, recognizing the increased presence of pedestrians, bicyclists and motorcyclists.

Our practice of vigorously representing motorcyclists who have suffered harm by distracted, negligent, and drunk drivers spans over four decades.  Through our work, the attorneys and staff at Ladendorf Law have experienced along with our clients the human suffering of catastrophic injury and the avoidable loss of a loved one.

Being “Like Family, Because We Are,” our law firm recognizes our social and moral obligation to the community we serve.  Ladendorf Law supports several benefit and charity rides across the State throughout each Riding Season.  Once again, we are humbled to be the primary sponsor of the Second Annual Memorial Ride in honor of former Grant County Sheriff’s Deputy Michael Andry, who was killed at the age of 49 when a distracted driver turned left in front of Lt. Andry’s motorcycle in July 2013.

The Second Lt. Michael Andry Memorial Ride will be held on June 20, 2015 beginning in Greentown, Indiana.  Funds raised through the Second Lt. Michael Andry Memorial Ride will benefit the Grant County Sheriff’s Gifts For Kids, Marion’s Cops & Kids and the Howard County Benevolent Fund, which helps children through the Howard County Sheriff’s Department.  For more information on the Ride, visit Facebook:  https://www.facebook.com/mikeandryride

The first Lt. Michael Andry Memorial Ride took place July 12, 2014 in Marion, Indiana on the one year anniversary of Lt. Andry’s tragic death.  Ladendorf Law was there as the primary sponsor.  Through the organizing efforts of Lt. Andry’s family and the generosity of the many riders and participants, the Ride was a tremendous success, raising $10,000 in donations for two of Lt. Andry’s favorite charities: Grant County Sheriff’s Gifts For Kids and Marion’s Cops & Kids .  Go back in time for a birds-eye-view of the moving tribute to Lt. Andry as kickstands go up and 100 bikes begin the 130-plus mile ride escorted by the State Police:  http://ladendorf.wpengine.com/birds-eye-footage-1st-lt-michael-andry-memorial-ride/.

From Reuters (June 3, 2013):

  • Ford Motor Co is recalling 465,000 2013 models to check for fuel tank leaks that could result in a fire. The automaker said it won’t have enough replacement parts for all owners until September.
  • Models include the 2013 Ford Fusion, Flex, Explorer, Taurus, Interceptor Sedan and Interceptor Utility, as well as the 2013 Lincoln MKZ, MKS and MKT.
  • Ford said a fuel delivery module in the tank could leak and that it had received 600 consumer complaints as of March 31.
  • A Ford statement released Monday said: “While a fuel leak in the presence of an ignition source may result in a fire, there have been no reports of fires (and) we are not aware of any accidents or injuries attributed to this condition.”
  • The recall involves 420,000 vehicles in the United States, Canada and Mexico and the rest overseas. It represents another blow for the midsize Fusion sedan, which was redesigned last fall and is one of Ford’s best-selling models, but has been the subject of several recalls since its launch.
  • About 80,000 2013 Fusions were recalled in December to check for engine leaks that could result in a fire. Another 19,000 Fusions were recalled in November to correct problems with the lighting system.
  • Ford’s announcement on Monday said a small number of 2013 Fusions also was being recalled to fix steering gears that lack an internal retaining clip, thus increasing the risk of a crash.
  • A separate recall was announced for about 500 2013 Lincoln MKZ sedans with engine block heaters. The cords on the heaters could crack and expose the wiring. The MKZ is a companion model to the Fusion.
  • While engine block heater cords on the MKZ and steering gears on the Fusion are being replaced free at dealers this month, Ford said it has only a limited supply of new fuel delivery modules, so some owners won’t be notified about replacement parts until September.

Owners who smell gas or notice a visible leak are urged to contact their dealership immediately for a free service on the affected fuel tanks.  If you own one of the vehicles identified with the fuel leaks, you will be receiving in July advising of the Ford recalls. A second letter will go out in September as parts become available. In the meantime, owners can contact Ford at 1-866-436-7332.

Read more at http://www.inquisitr.com/685150/ford-recall-2013-fuel-leak-problem/#8BFMEklPyuxE0gbl.99