Missouri Personal Injury Lawyer Blog

The American Waterways Operators (AWO) requires its members to follow general maritime laws and practices regarding marine operations, maintenance, and safety.

The AWO's program requires that companies, who belong to their organization, comply with certain safety regulations and obtain a third party audit to verify compliance with those AWO guidelines. Such regulations include adequately training workers, providing adequate lighting, and keeping the barges free of debris or gravel. An employer's failure to do such can lead to a finding of “unseaworthy" or negligence.

Laws specific to the maritime industry, such as the Jones Act, govern marine workers' rights. The Jones Act is somewhat similar to workers' compensation laws (although they follow different paths in the legal system) because it provides injured marine workers with payment of lost wages and medical expenses after a work-related injury. It allows marine workers to obtain damages from their employers for negligence of the ship-owner, captain, or fellow crewmembers.

As a law firm with experienced Missouri maritime lawyers and personal injury attorneys, Page Cagle is happy to discuss your case with you and answer any questions you may have. If requested, we will immediately and aggressively take action on your behalf.

The call and consultation are free. I can be reached 24 hours a day at 314.322.8515 or toll free at 1.800.500.INJURY (4658). Call me personally and I will answer all the questions and concerns you may have. There is no fee unless we recover for you.

If you don't want to call or you can't call, you can email me at john@pagecagle.com. I look forward to speaking with you and helping you through these trying times. You can also visit www.BargeAccidentLawGroup.com for more information.

Accutane is a prescription medication that is used to treat severe nodular acne. The medication is a form of vitamin A that reduces oil gland secretion to help clear skin of acne. However, Accutane also has serious side effects that can cause psychiatric disorders, increased risks of colon cancer and life-threatening birth defects.

Because of these severe medical risks, Accutane is only available to patients who pledge to be using two forms of birth control and who agree to undergo routine pregnancy testing. This testing is to prevent possible birth defects that affect a baby’s ears, eyes, skull, heart and brain. However, no procedures were or are implemented to protect against the myriad of other medical problems that may arise from taking the drug, which has lead to numerous Accutane product liability lawsuits.

Roche Pharmaceuticals, maker of Accutane, has come under scrutiny by the FDA because the drug maker did not adequately warn patients of the severe side effects besides birth defects, which include psychiatric side effects such as suicide and depression, an increased risk of colon cancer and central nervous systems complications to name a few.

Several multi-million dollar verdicts have come down against Roche Pharmaceuticals in cases where Accutane users, who took the medication to control acne, developed Crohn’s disease and ulceratative colitis. These defective product injury lawsuits primarily allege that the makers of Accutane knew about the side effects of the drug, which is primarily used by teenagers, but neglected to warn patients of these life-altering risks. To date, over 500 Accutane lawsuits have been filed and this number is expected to grow as Accutane awareness grows.

If you or a loved one has experienced medical complications after taking Accutane, contact Page Cagle, A Personal Injury Law Firm. For a free consultation with a skilled St. Louis personal injury attorney, call 314.322.8515 or toll free at 1.800.500.INJURY (4658). You can also email me at john@pagecagle.com or visit www.injuredclient.com for more information. You pay nothing unless you recover.

A 22-year-old woman died after she was thrown from a motorcycle in Arlington, Texas. The woman was riding on the motorcycle with her friend late at night when they struck a car. The motorcycle was allegedly racing with another motorcycle, and each was estimated to be speeding above 100 mph. The motorcycle then struck the rear of a Sedan, which fled the scene of the auto accident.

The charges for the motorcyclists are pending the outcome of investigation. Police suspect the driver of the Sedan fled in fear of liability; however, the Sedan driver was generally not at fault before fleeing the scene. Although the sedan driver's liability has not been determined, as the circumstances of the event are still under investigation, generally leaving the scene of a car accident or motorcycle accident in St. Louis is a crime. The following is Missouri state law in regards to "hit and run" vehicle crashes:

"A person commits the crime of leaving the scene of a motor vehicle accident when being the operator or driver of a vehicle on the highway or on any publicly or privately owned parking lot or parking facility generally open for use by the public and knowing that an injury has been caused to a person or damage has been caused to property, due to his culpability or to accident, he leaves the place of the injury, damage or accident without stopping or giving his information."

Further, leaving the scene of a motor vehicle accident is a class A misdemeanor, except it is a class D felony if the accident resulted in:

1. Physical injury to another party; or
2. Property damage in excess of one thousand dollars; or
3. If the defendant has previously pled guilty to or been found guilty of a violation of this section.

When a motorcycle accident in Missouri occurs, the driver should always provide the following to either a police officer or the injured party:

1. Name;
2. Residence;
3. Insurance provider;
4. Motor vehicle number; and
5. Drivers license number.

Also, if a police officer is not in the vicinity, the driver should go to the nearest police station or judicial officer to provide those listed above in order to avoid liability for leaving the scene of a motor vehicle accident.

If you have been in a motorcycle accident, as an experienced Missouri motorcycle accident attorney and personal injury lawyer at Page Cagle, I am happy to discuss your case with you and answer any questions you may have. I can be reached 24 hours a day at 314.322.8515 or toll free at 1.800.500.INJURY (4658). Call me personally and I will answer all the questions and concerns you may have. You can also email me at john@pagecagle.com or visit my website, www.MotorcycleInjuryLawGroup.com, for more information. There is no fee unless we recover for you.

A Lincoln County car accident killed a Troy, Missouri woman recently. The Missouri car crash occurred on U.S. 61. According to the St. Louis Post-Dispatch, the Missouri Highway Patrol reported that the 46-year-old decedent was traveling north on U.S. 61 in a pickup truck when another pickup truck tried to cross the highway.

When the second pickup tried to cross U.S. 61 at Cannonball Road, it collided into the driver’s side of the first pickup truck. The first pickup was pushed off of the right side of the highway and hit a road sign before flipping over and throwing the decedent from her truck. The decedent was not wearing her seat belt and was pronounced dead shortly after the accident.

The second truck also ran off the road and ended up in a ditch, although the second driver was wearing her seatbelt and only sustained minor injuries. No personal injury lawsuits have been filed yet. More information about this motor vehicle accident in Missouri can be found in the following article.

Car accidents like this occur every day and often cause serious injuries. If you or a loved one is injured in a car crash, it is crucial to seek medical attention for treatment and also contact a skilled St. Louis personal injury lawyer to represent your legal interests and make sure you are compensated for your injuries. Call Page Cagle for a free consultation. We aggressively represent injured clients every day.

Call Page Cagle, A Missouri Injury Law Firm, 24 hours a day at 314.322.8515 or toll free at 1.800.500.INJURY (4658) for a free consultation. You can also email me at john@pagecagle.com or visit www.injuredclient.com for more information. You pay nothing unless you recover.

News reports releasing recent statistics about traffic accidents that are caused by “driving while texting” compare texting to being drunk while driving. Although most of the statistics were related to teenage drivers, who were inexperienced on the road, teenagers aren’t the only ones causing traffic accidents because they are negligent in failing to keep a proper lookout while driving.

In fact, a 30-year-old tractor trailer driver has recently been charged with vehicular homicide and reckless driving with serious bodily injury after his 18-wheeler caused a crash with a school bus. The truck crash, which occurred in Florida, has gained increased media attention, as it was caused by a negligent tractor trailer driver, who admits he was text messaging minutes before he rear-ended a school bus that was stopped on the road. The school bus burst into flames. This crash ultimately injured 11 children and killed a 13-year-old girl, who could not be pulled out from the flaming bus.

The tractor trailer driver turned himself in to authorities after the tractor trailer crash, accepting that he was distracted from the road and negligent in driving. Despite his remorse, the fact of the matter is that a young girl died and eleven others were injured because of a simple negligent action on the road that could have been prevented. Recent legislation in some states ban texting while driving, although Florida is not one of them. Despite the lack in particular legislation, texting while driving can still be used to show negligence and prove liability in personal injury claims stemming from a tractor trailer accident.

Injuries stemming from big rig crashes are often life-threatening and unfortunately fatal, as the above case shows. The damages that result from St. Louis big rig accident injuries range from broken bones, head trauma, brain damage, and death. Many of these injuries require life-long medical treatment and therapy.

Injuries sustained as a result of the negligence of a truck driver are compensable. As a founding partner of Page Cagle, A Missouri Personal Injury Law Firm, I aggressively represent clients injured in tractor trailer accidents in Missouri on a daily basis. Call me for a free consultation to discuss your case at 314.322.8515 or toll free at 1.800.500.INJURY (4658). You can also visit www.truckaccidentlawgroup.com for more information.

Paxil is a prescription medication that is often used to treat depression. The drug, which belongs to a group of drugs known as selective serotonin reuptake inhibitors (SSRI), aims to help mood problems by restoring the balance of serotonin in the brain. Besides treating depression, Paxil has also been used to treat obsessive-compulsive disorder, post-traumatic stress disorder and anxiety disorders to name a few.

However, Paxil has also been shown to have severe and serious side effects in addition to dangerous withdrawal symptoms, bringing up serious concern for product liability in Missouri and throughout the nation. Additionally the drug has been prescribed to children, despite the fact that it has proven to be ineffective with most young children and increases the risk of suicidal thoughts. Most often, suicidal thoughts are present in those younger than 24-years-old.

Paxil, which is manufactured by SmithKline Beecham, entered the US prescription market in 1992. Since this time, the dangerous drug has been shown to cause severe side effects such as violent behavior, suicidal thoughts and tendencies, and a condition called akathisia, which is severe inner restlessness. As these symptoms appeared in many Paxil-users, many defective product injury and personal injury suits were filed against the makers of Paxil.

The FDA not only required Paxil to display new warning labels on the medication, but also created a plan that requires doctors prescribing Paxil to speak directly with their patients about the known risks that are associated with the drug. These warnings and implementations to protect Paxil consumers, however, have come too late in the case of many, whose lives have been drastically changed and limited by this drug.

If you or a loved one has experienced severe side effects from taking Paxil or any other prescription medication, don’t hesitate to call me for a free consultation. As a founding partner of Page//Cagle, a Missouri Injury Law Firm, I have aggressively represent clients to make sure they are compensated for their injuries.

You can call me 24 hours a day at 314.322.8515 or toll free at 1.800.500.INJURY (4658). You can also email me at john@pagecagle.com or visit www.injuredclient.com for more information. You pay nothing unless you recover.

OzarksFirst.com reports in a story that efforts are underway in the Missouri House of Representatives that may improve the safety of waterways and lakes in the region. The Missouri Water Patrol is throwing their support behind House Bill 657.

House Bill 657 would require dock owners on lakes with at least 950 miles of shoreline to post the nearest 911 address to help emergency personnel locate people in trouble on Missouri’s lakes. Lakes administered or created by the Army Corps of Engineers would also fall under the new requirement to give assistance to those injured in a boating accident in Missouri.

If passed, the bill will take into effect January 2010. Supporters hope that the bill will shorten 911 response times by providing responders with accurate land addresses from which rescue efforts or other services can be launched.

The news of this legislation should be welcomed by boaters and outdoor enthusiasts who flock to the lakes of Missouri. Although cell phones are often carried by outdoor recreation buffs because of their supposed ability to broadcast location information when 911 calls are made from the phones, the differing levels of cell technology available in Missouri makes this method of location less than reliable. A KOMU news story reports that emergency responders may not be able to retrieve cell phone location information in two out of three 911 calls.

Going to a posted information format may be a cost effective and more reliable way for first responders to find those who need their help.

If you have any questions about boating accidents and premises liability, please contact the Missouri personal injury law firm of Page Cagle to discuss the matter with a highly experienced St. Louis personal injury attorney. Call 866-620-5757 for a case evaluation and to find out if your case qualifies you for compensation from negligent parties.

StJoeNews.net reports in an account that on April 5, 2009, a compact car driven by a 23-year-old Liberty woman rear ended a Missouri DOT truck. The accident occurred a few miles south of St. Joseph on I-29. The DOT truck was stopped in the passing lane of I-29 northbound with a warning directional arrow activated to signal motorists into the driving lane. The driver of the compact car suffered minor injuries from the auto accident in Missouri.

During spring, the Department of Transportation rushes to repair the toll that winter takes on Missouri’s roadways. As part of that repair effort, state workers often have to stop in one or more lanes of a roadway. Although the big orange trucks of the DOT carry warning lights to notify motorists that the vehicles are moving slowly or have stopped, obstructed sight lines or other situations can slow driver reaction time, creating the potential for dangerous accidents.

We would like to take this opportunity to remind Missouri motorists to be careful on the highways and interstates during the annual spring road repairs. Be cautious approaching hills, curves and other places where sight lines are restricted.

Over 40,000 people are killed each year on the nation’s highways. Don’t become another statistic. Stay alert behind the wheel and pay attention to the lights and warning signals on state vehicles.

If you have any questions about car accidents, truck accidents or workers compensation, please contact us at the Missouri personal injury law firm Page Cagle. We have handled numerous cases of individuals suffering catastrophic injuries caused by the negligence of someone else as well as helped families receive financial compensation for the wrongful death of a loved one. Call us today at 866-620-5757 to discuss your case with an experienced St. Louis personal injury attorney.

NWAnews.com reports in an article that a University of Arkansas student was seriously injured in a railroad accident. The 21-year-old student was walking on the railroad tracks in Fayetteville, Arkansas on the evening of March 27, 2009. At the time of the accident, the engineer attempted to stop the train, but still collided with the UA student.

The student’s injuries are a sobering reminder of the power of trains to cause serious injury, even as they are trying to stop. According to the NWAnews.com story, the train struck the UA student at approximately 12 miles per hour—yet this was enough to sever the student’s left hand at the wrist and render the young student unconscious.

This tragic incident illustrates the debilitating injuries that can easily happen when trains strike pedestrians. Severe head trauma can cause life-long problems with cognition and speech, and severe head injuries can result in serious emotional disorders for the rest of the victim’s life.

As evidenced in this incident, railroad accidents can easily cause traumatic amputation of the limbs. If the victim does not die from massive shock and blood loss, he or she faces a steep and painful road to physical recovery.

Please do not let this tragedy happen to you or a loved one. Practice train safety. Avoid walking on or near train tracks. Obey all posted warnings and railroad right of ways. Stay alert. Your health and safety depend on it.

If you have any questions about railroad accidents, please contact the highly experienced St. Louis railroad accident attorneys at Page Cagle. As a personal injury law firm, we are experienced in representing clients who are suffering from severe injuries or from the death of a loved one. No matter what your traumatic injury is, call Page Cagle today at 866-620-5757 for a case evaluation.

According to this recent report, an Illinois man died from injuries he suffered in an accident at the Holcim, Inc., cement plant, Ste. Genevieve. The Ste. Genevieve County Coroner investigating the accident did not provide specific details about the nature of the accident, but it is not clear whether the cement plant employed the accident victim. He may have been working at the cement plant for an outside contractor when the workplace accident in Missouri occurred.

After the accident, emergency personnel transported the victim to a hospital in Festus and then airlifted to Barnes Hospital in St. Louis where he died of his injuries. Law enforcement officials said that they are awaiting the autopsy results before determining any possible charges in the fatality.

Inadequate safety measures, poor supervision, insufficient safety training, or shortcuts taken to expedite completion of a project all can cause Missouri workplace accidents, often resulting in very serious injuries or even death. Workplace accident victims often must contend with catastrophic medical bills, loss of income, and insurance companies that may try to pressure them into signing documents that they do not fully understand.

If you or someone you care for sustained injuries in the course of employment in Missouri, you are entitled to fair compensation for your injuries and the resulting financial hardship. The experienced Missouri worker’s compensation attorneys at the personal injury law firm of Page Cagle will protect your rights throughout the claim with the employer’s insurance company. They will fully investigate the accident and see that you receive the financial compensation you deserve to offset steep medical bills and any additional costs resulting from the accident. To schedule a free consultation with skilled worker’s compensation lawyers in St. Louis at Page Cagle, call 866-620-5757 today.

The U.S. Supreme Court took a significant step forward in personal injury law on March 4, 2009 when deciding the case Wyeth v. Levine. In Wyeth v. Levine, a Vermont musician, Levine, brought action against Wyeth, the makers of Phenergen, because Levine developed gangrene after receiving an injection of the drug into her artery. The delivery technique used, known as an “IV push,” is not supposed to inject medication into patients’ arteries, although there is a known risk of such an outcome. In this case, an arterial injection led to Levine developing gangrene, which resulted in amputating her arm and ending her music career.

Both Wyeth and the FDA were aware of the risks associated with the “IV push” injection method, but did not prohibit this type of medication delivery. In fact, the FDA approved labeling for Phenergen, and simply warned against the IV push delivery technique. Levine claimed that the Phenergen label was inadequate, thus posing marketing misrepresentation, because it did not prohibit a harmful type of drug administration, but Wyeth countered that its use of the warning label complied with FDA regulations.

Basically in this case, Levine could use Vermont tort (injury) law to win her claim, but Wyeth was claiming that federal law, based on the FDA regulations, preempted the product liability claim. Meaning, because the federal and state law differed on the issue of warning label adequacy, Wyeth said federal law should be used over state law, and therefore, Levine did not have a claim against the drug manufacturers of Phenergen. However, the Supreme Court did not agree with this argument and upheld the Vermont verdict for the nearly $6.8 million dollars awarded to Levine.

Continue reading " Phenergen Dangerous Drug Lawsuit Paves Way for Liability " »

The Columbia Daily Tribune stated in a report that a Columbia motorcyclist suffered injuries in a Friday March 3, 2009, collision with a car. The motorcycle accident in Missouri happened after the cyclist turned on a main road after exiting a fast food restaurant parking lot. Once on the roadway, a sports coupe struck the cycle from behind.

According to the Daily Tribune, the cyclist was thrown off the bike and slid several yards on the pavement. Neither the driver nor the car’s passengers were injured in the accident. So far no other details are available on the rider’s condition.

This incident highlights the extra dangers that motorcyclists face when they share the roadways with automobiles and larger vehicles. Unlike a car, a motorcycle provides very little protection to its operator. A bump that would be a minor fender bender to another car can easily result in serious motorcycle accident injuries. Also adding to the danger is the high likelihood of being thrown from the motorcycle and skidding across the ground, causing lacerations and other soft tissue injuries.

The small size of a motorcycle relative to the other vehicles on the roadways makes it easy for the cycle to be hidden in a driver’s blind spots. Even if the rider is not in the blind spot of a vehicle, many motorists simply aren’t looking for motorcyclists.

If you have any questions about motorcycle accidents or personal injury law, please contact the skilled St. Louis personal injury law firm of Page Cagle. You may find it very helpful to discuss your motorcycle accident injury or wrongful death case with a highly experienced St. Louis motorcycle accident attorney. Call 866-620-5757 for a case evaluation.

Lederle, drug makers of a polio vaccine Orimune, were recently sued in New York after a 61-year-old Staten Island man contracted the debilitating disease.

The man, who once was a Wall Street executive, allegedly contracted Polio after his changing his daughter’s diaper shortly after she had received a live oral polio vaccine. The drug product liability lawsuit resulted in a $22.5 million dollar verdict for the man.

As reported by AP, the man alleged that the live vaccine passed through his daughter’s body in the 1970’s and exposed the man to the live virus. The oral polio vaccine, Orimune, was found to be unreasonably dangerous as an issue of product liability. The court found that Lederle also failed to warn consumers about the dangers and risks associated with the vaccine and found them liable for the man contracting the virus.

Continue reading " Polio Vaccine Orimune Manufacturers Lawsuit Results in $22.5 Million for Affected Man " »