Missouri Personal Injury Lawyer Blog

A series of vehicle accidents in October caused a stir in Southeast Missouri. The first crash involved a 49 year-old woman driving southbound on Interstate 55 who veered on the left side of the road, hitting a bridge. The woman was taken to Missouri Delta Medical Center for moderate injuries.

The next accident involved a motorcycle driven by a 33 year-old man who had lost control of the vehicle, overturned and slid into a 1999 Mercury in Chaffee, MO. Unfortunately in most motorcycle accidents, the motorcyclist almost always sustains the worse injuries due to the fact that there is minimal outside protection. The motorcycle driver was airlifted to a hospital where he received treatment for serious injuries. The other driver was not injured.

The third accident, also on I-55, was a two-car crash caused when two vehicles, a 2005 Mercury Grand Marquis and a 2005 Buick Rendezvous, attempted to change lanes. Instead, both collided and ultimately landed in the center median. The Mercury driver was treated for moderate injuries. The Buick driver did not suffer injury, but the passenger was airlifted to a hospital due to sustaining serious injuries.

Continue reading " Three Accidents in Southeast Missouri Injure Several People " »

According to a report on Fox 2 Now’s website, a man was killed in a head on collision in Brentwood, Missouri after stealing two cans of paint from the nearby Home Depot. Upon seeing a police officer near the department store, the man, heading south, made a u-turn and accelerated to high speeds despite the fact that police were not in pursuit of the vehicle. He then lost control of his Jaguar and crossed two lanes of southbound traffic before striking an SUV.

Neighbors said that they had known the crash to be a bad one, judging by the piercing sounds that were made. Police believe that the alleged thief is at fault for the crash that resulted in his death. The woman driving the SUV suffered minor injuries and possibly a broken toe. Fortunately, no one else was killed or severely injured.

Continue reading " Fatal Head On Collision Caused by Man Stealing Paint " »

A recent Paxil lawsuit that took place in Philadelphia gripped the attention of consumers and citizens throughout the United States. According to a philly.com article, this is the first Paxil lawsuit in the plaintiff’s favor; however, it remains uncertain as to how the jury’s distinction of negligence will affect future Paxil cases, especially considering that punitive damages were not awarded.

Based on the article, punitive damages are typically awarded when evidence supports that a company knew about problems with their product, ignored them, or covered them up in order to reap the benefits. Apparently, the jury said that Glaxo had been negligent in not accurately cautioning the pregnant woman’s doctor of the drug’s risk. If Glaxo’s behavior had been deemed outrageous, the family may have been awarded punitive damages as well.

As the first of approximately 600 similar cases against the makers of Paxil, GlaxoSmithKline P.L.C., the jury found that the company was “negligent, but not outrageous” in contributing to heart problems in a 3-year-old whose mother took the anti-depressant drug while she was pregnant. As a result, the family was awarded a $2.5 million judgment that only included compensatory damages. This is considered an encouraging and big win by legal experts for the remaining plaintiffs in Paxil cases. According to the article, the 10-2 jury ruling reflects the decision that the child’s problems were linked to Paxil.

Continue reading " Paxil Case Results in $2.5 Million Judgment for Plaintiff " »

With so many different forms of pharmaceutical products and natural supplements available for purchase and use by consumers, it can often be overwhelming just deciding which product to trust, especially when it comes to oral contraceptives. Consumers usually rely on how a product is marketed when determining whether to use it. This decision is mostly based on individual preference in combination with the message provided by a commercial, billboard, or magazine advertisement.

It seems that oral contraceptives are some of the most competitive prescription pills out there. Consequently, such competition amongst drug manufacturers has been known to sometimes lead to false advertising and marketing misrepresentation on the part of manufacturers. At the forefront of this concern, the FDA issued a warning letter to Bayer Health Care Pharmaceuticals, Inc., the makers of the oral contraceptive Yaz, in 2008 stating that their commercials, “Not Gonna Take It” and “Balloons”, are misleading due to widening the pill’s abilities, exaggerating the effectiveness of Yaz, and undermining the serious risks connected to the drug’s use.

While some considered Bayer’s marketing misrepresentation in misbranding Yaz in its TV ads to be an extreme breach of trust, others continued to use the oral contraceptive despite the risks it may pose. As experienced Missouri product liability attorneys, we know that we are not alone in considering it unacceptable for a major pharmaceutical manufacturer to encourage the use of a drug to help treat conditions other than those it has been approved for. By over-promising and minimizing the risks associated with a drug, a manufacturer puts thousands of innocent consumers in danger of suffering as a result.

Continue reading " Yaz Marketing Misrepresentation Puts Consumers in Danger " »

A 60-year-old man was seriously injured in a Missouri auto accident after he rear-ended a truck that had stopped because of an accident on the Interstate 44 near Marshfield, Missouri. According to an ABC news report, the injured victim was taken to a local hospital with moderate injuries. No one else seemed to have been injured in this two-vehicle crash.

Rear-end car accidents, statistically, are the least fatal type of car accident. According to the National Highway Traffic Safety Administration (NHTSA), rear-end car accidents account for only six deaths per 1 million registered cars. However, these types of car accidents are far more common than others. About 2.5 million car accidents in the United States each year are rear-end collisions.

In most car accidents, it's very important to determine the cause and who was at fault. Who is at fault for a particular car accident can determine who may be held civilly liable or financially responsible for injuries and damages caused. Rear-end accidents can cause significant injuries including severe back and neck injuries which may require months of treatment and therapy. If your accident and injuries were the result of a negligent driver, you may be entitled to seek compensation to cover your medical costs, loss of earnings and other related damages.

Continue reading " Man Injured in Missouri Auto Accident " »

Two people were killed in a Missouri car accident after their vehicle collided with a train in Bates County, Fox News reports. Missouri State Highway Patrol officials said the victims - ages 49 and 43 - died when the train struck their vehicle as they crossed a stretch of tracks. Investigators are still talking to eyewitnesses about how exactly this fatal train-car collision occurred. The train's conductor told officials that the car's driver slowed down at the tracks, but didn't stop and continued to go forward. The Kansas City Southern train was traveling at a rate of 55 mph at the crossing. Officials say the lights and bells at the crossing were working, but there were no crossing arms at the intersection.

Each train accident is different and there are a number of factors that play a part in causation. The Federal Railroad Administration (FRA) reports that there are about 3,000 train accidents in the United States each year. About one-third of these accidents are fatal. According to the National Transportation Safety Board (NTSB), the federal agency that investigates train accidents, about 60 percent of all railroad-crossing accidents that result in fatalities, occur at unprotected railroad crossings. Such crossings are common especially in the rural areas of Missouri. If they don't result in fatalities, auto accidents involving trains often result in serious injuries such as brain injuries, spinal injuries, quadriplegia or paraplegia.

Continue reading " Missouri Train versus Car Collision Leaves Two Dead " »

An article from latimes.com discusses a recent hospital error in Los Angeles that led to eight times the normal dose of radiation affecting hundreds of potential stroke patients who received CT brain scans. In an attempt to follow new protocol that was believed to provide doctors with more useful data in analyzing disruptions in the flow of blood to brain tissue, the specialized type of scan was altered in order to diagnose strokes. Apparently, the error occurred over a year ago, in February 2008, when the CT machines were reset to override the pre-programmed instructions that were originally programmed into the scanner to ensure its proper operation.
Officials at Cedars-Sinai Medical Center stated, “There was a misunderstanding about an embedded default setting applied by the machine…the use of this protocol resulted in higher than expected amount of radiation.”

The problem with the machine went unnoticed for 18 months until August 2009, at which point a stroke patient reported to the hospital that he had experienced significant hair loss after undergoing a scan. What is also shocking is that the machine was used for other kinds of scans as well; however, the reset error is said to have only affected potential stroke patients. After evaluating its records, the hospital discovered and contacted 206 patients who had received the radiation overdose. Many of these patients had experienced reddening of the skin as a result of the scan and approximately 40% had endured patchy hair loss.

Radiation exposure is a very serious issue and is a problem that no one ever expects to experience at a hospital that is supposed to provide a high standard of care to its patients. When medical professionals fail to uphold their duties in ensuring that no harm befalls a patient while he or she is being treated or cared for, incidents of medical negligence or malpractice may result in which an injured patient is entitled to seek compensatory damages for their injuries.

Although this incident of medical malpractice took place in California, similar acts of negligence are also known to occur in Missouri. A few common examples of Missouri medical malpractice claims involve those stemming-around medical professionals:

• Administering improper care


• Abandoning the patient


• Abusing the patient


• Being responsible for prescribed medication error


• Administering improper or delayed diagnosis


• Exhibiting negligence in performing surgical procedures


• Failing to obtain informed consent of the patient

Continue reading " Hospital Admits to Causing Radiation Overdoses " »

An article from madisonrecord.com discusses a recent auto accident case involving a couple that is seeking $200,000 after incurring lost wages of more than $50,000 apiece and medical costs of more than $50,000 apiece. According to the article, the couple was rear-ended by a driver on October 6, 2007 whom they claim was driving too fast at the time of the River Road Route 100 collision. The injured couple also claims that the driver was negligent in that he allowed his car to crash into the back of their vehicle because he failed to keep a proper lookout and did not try to swerve or stop to avoid the accident. As a result of the crash, one of the plaintiffs suffered severe and permanent back, neck, and left shoulder injuries, while the other plaintiff sustained back, neck, and shoulder injuries.

As this auto accident case demonstrates, the monetary expenses of catastrophic injuries and the subsequent cost of lost wages can greatly impact the financial stability of a family, especially if more than one family member was involved in a crash. It is not uncommon for injured vehicle accident victims to file claims against the negligent driver that was responsible for the collision taking place. However, such claims often require extensive investigation by specialized research teams that gather evidence to support the claim that the driver responsible for the accident exercised negligent or reckless driving behavior. Along with a thorough investigation being conducted, you may also require the legal counsel and representation of an experienced St. Louis personal injury attorney in order to be successful in receiving the compensation that you deserve as a personal injury victim.

Continue reading " $200K for Injuries and Lost Wages Sought by Couple " »

Ford Motor Company issued its largest vehicle defect recall involving 4.5 million vehicles for faulty cruise control deactivation switches that have caused fires even when the vehicles were not in operation. According to a Reuters news report, the switches made by Texas Instruments have led to more than half a dozen recalls involving 14 million Ford vehicles over the last decade or so. Ford officials say that the recalled vehicles do not pose a significant safety risk and that they are just issuing the recall to reassure consumers and get rid of future safety concerns with regard to these defective switches.

If you own one of the recalled vehicles, Ford urges you not to park in garages or near homes. This auto product recall includes 1195-2003 Ford Windstars; 2000-2003 Ford Excursion diesels; 1993-1997 and 1999-2003 Ford F-Super Duty Trucks; 1992-2003 Ford Econolines; 1995-2002 Ford Explorers and Mercury Mountaineers; 1995-1997 and 2001-2003 Ford Rangers; and 1994 Ford F53 motor homes.

Continue reading " Ford Recalls 4.5 Million Vehicles Over Defective Switches that Pose Fire Danger " »

An Elkland, Missouri, woman sustained serious injuries in a car accident, according to the Marshfield Mail. The car crash occurred on Highway 38 three miles north of Elkland when an eastbound 2006 Saturn Ion driven by the 37-year-old woman went off the right side of the roadway. According to Missouri Highway Patrol officials, the woman then overcorrected causing the Saturn to then travel off the left side of the roadway and roll over. Officials also say that the woman was not wearing her seatbelt and that she was ejected from the vehicle. She suffered major injuries and was transported to a hospital in nearby Springfield, Missouri.

Rollover car accidents can result in extremely serious personal injury or even death because of the intensity and violence of the crash. According to the National Highway Traffic Safety Administration (NHTSA), rollover accidents cause about 10,000 traffic accident fatalities each year in the United States. That's about one-fourth of all traffic accident fatalities in the country, according to these statistics. People injured in rollover accidents also tend to suffer debilitating injury such as brain injuries and spinal cord injuries due to roof crush or seatbelt failure.

Continue reading " Missouri Woman Seriously Injured in Rollover Car Accident " »

Missouri nursing home and elder abuse attorneys have always been concerned about the escalating rates of nursing home abuse and neglect in the state. A report from the Government Accountability Office (GAO) has revealed that a Medicare program intended to evaluate the conditions of nursing homes in the United States has overlooked hundreds of facilities that provide substandard care. According to the news report, the Centers for Medicare and Medicaid Services has listed up to 13 nursing homes as "special focus facilities," which means that they are inspected more frequently because they received low grades for their living condition. However, a recent GAO report finds that Medicare and Medicaid still may have overlooked 580 nursing homes in this category.

The Senate Aging Committee is considering expanding the program to include facilities that are still underperforming, but have not been included in the special focus list. This is important because many consumers who are looking to place their loved ones in nursing homes are counting on Medicare and Medicaid's information to select a nursing home. However, many don't realize that the "approved" homes on the Nursing Home Compare list may not really provide quality care.

Continue reading " Many Nursing Homes Not Up To Standard, New Report Finds " »

A worker was injured in a mining accident in Bunker, Missouri by a small fall of ground. According to a KFVS news report, employees began administering first-aid immediately to the injured worker, who was airlifted to a St. Louis hospital. The worker is expected to recover and did not suffer life-threatening injuries. An internal safety investigation is reportedly being conducted.

Workers who sustain injuries on the job in Missouri are entitled to fair compensation for their expenses and loss of wages. Most employers are required by state law to carry worker's compensation insurance for their employees. As an injured worker, you could seek compensation for medical treatment including hospital stays, physical therapy, medication, and any other medical treatment that is needed for you to recover from your injuries. If you suffer a serious injury and become permanently disabled or unable to work, you may be entitled to additional compensation for your suffering and lost earnings. If a worker dies as a result of his injuries, then his family is entitled to receive these benefits as well.

Continue reading " Worker Injured in Missouri Mine Accident " »

Toyota Motor Corp., the manufacturer of automobiles that used to be synonymous with safety and reliability, has now issued a major defect recall for 3.8 million vehicles. According to an Associated Press news report, the automaker has recalled several of its Lexus and Toyota Corolla and Camry sedans for a defective floor mat that may slip and jam the accelerator. This auto product defect came to light after a fatal San Diego car accident in August that killed a California Highway Patrol officer and three members of his family.

Toyota is still working with federal officials at the National Highway Traffic Safety Administration (NHTSA) to find a remedy for this problem. Consumers who own these recalled vehicles are asked to remove the floor mat on the driver's side and not replace it. NHTSA officials say they have received reports of 102 incidents in which the accelerator may have become stuck. But it is not clear how many of these incidents led to crashes and how many of those crashes led to serious personal injury or deaths.

These are extremely serious car defects. It is not clear why Toyota did not address these complaints earlier. The company's president has issued an apology about these defects, but at the same time, Toyota has not been forthcoming about information involving the exact number of complaints, injuries or fatalities.

Continue reading " Toyota Recalls 3.8 Million Vehicles for Defective Floor Mats " »

A man sustained injuries in a motorcycle accident in Farmington, the Daily Journal reported. According to Farmington police officials, the motorcyclist was airlifted to a St. Louis hospital. His injuries, however, are said to be non-life threatening. Police said a pickup truck driver pulled into the path of the motorcycle at Bray Road and Highway 221.

Missouri motorcycle accidents commonly occur when a car, truck or any other motor vehicle comes into contact with a motorcycle. The motorcycle rider usually loses balance, causing devastating personal injuries or death. Statistics show that the number-one cause of a motorcycle crash is when a car, truck, or semi driver fails to yield the right-of-way of the motorcyclist.

As attorneys who have represented numerous victims of motorcycle accidents in Missouri involving other vehicles, one of the common responses we hear is that the other motorist did not see the motorcycle. What typically happens at intersections is that motorists look for larger vehicles, but not for motorcycles or smaller vehicles. These accidents are common reminders to us that we need to be more aware of motorcyclists with whom we share the roadway.

Continue reading " Man Injured in Missouri Motorcycle Accident " »

A recent bus collision in St. Louis reported by ozarksfirst.com has left 3 people dead and 13 injured. Although bus accidents are more common than most Missourians would like to believe, this accident has an especially high number of injuries and casualties. With thousands of people utilizing public transportation throughout the State of Missouri, the safety of passengers should be a priority to bus operators. However, some bus accidents are caused by bus driver negligence or poor driving skills due to improper training.

According to the article, this particular bus accident was caused by inattentive driving. Apparently, the church bus was broadsided by a pickup truck, which then proceeded to hit yet another vehicle. The bus, meanwhile, crashed into multiple cars as a result. Although law enforcement did not release a statement regarding the driving status of the man in the pickup, a neighbor told reporters that the pickup driver had a revoked license and should not have been operating the vehicle in the first place.

As this incident demonstrates, the aftermath of a bus accident can often lead to detrimental consequences. As a bus passenger, you have particular legal rights if you are injured in an accident and wish to file a claim. However, the State of Missouri has stern laws pertaining to common carriers (public buses) and the compensation injured victims may be able to receive. This is why it may be in an injured bus passenger’s best interest to contact an experienced St. Louis bus accident attorney that has the legal skills and knowledge necessary to handle such cases.

Continue reading " St. Louis Church Bus Collision Kills 3, Injures 13 " »

According to a recent stltoday.com article, it was reported that a motorcyclist lost his life in a traffic crash on Highway 367. According to Missouri Highway Patrol, the 41-year-old motorcyclist from St. Louis was traveling at a “high rate of speed” immediately before the crash. The motorist involved, a 62-year-old St. Louis man, was attempting to make a left hand turn onto Highway 367 while driving his 1995 Cadillac Seville. The motorcyclist, unable to bring his vehicle to a complete stop, began to skid until he eventually crashed into the driver’s side of the Cadillac. It was not reported whether or not the driver of the Cadillac was injured. The motorcyclist succumbed to his injuries at the scene of the accident.

While accidents can happen for a variety of reasons, most of those reasons usually stem from reckless driving practice of some kind. Traffic laws have been put into place in order to curb the number of accidents that occur, ultimately safeguarding motorists against injury and wrongful death. However, in instances where traffic laws are not followed, and an individual is injured, the negligent party responsible for the accident can be held liable for damages associated with the accident, including medical bills and other resulting accident costs. In the event that an individual is killed in a motor vehicle crash, the family of the victim can seek monetary compensation from the negligent party for costs associated with the accident, including funeral expenses.

Regardless of the situation, it is important to remember that the best course of action for an injured victim after any motorcycle accident in Missouri is to retain the services of a St. Louis motorcycle accident injury lawyer. An experienced attorney will examine the details surrounding your case to help attribute negligent action to responsible parties who caused the accident in the first place.

Continue reading " Motorcycle Speeds into Cadillac, St. Louis Man Killed " »

A car accident on the River Heritage Parkway could have ended fatally if not for the quick thinking of some nearby construction workers. A single car crash involving a 24-year-old man from Jerseyville took place near Dam Way and Lock, reports thetelegraph.com. The man’s vehicle crashed into a galvanized metal light standard when the man apparently fell asleep at the wheel. According to the report, the man had recently completed a 14-hour shift at his job, and remembered being sleepy one minute, and being pulled out of his flame-engulfed vehicle the next. There was no mentioning of whether or not drugs or alcohol were involved. The man was taken to Alton Memorial Hospital for treatment, and then transferred to Barnes-Jewish.

Luckily for the 24-year-old man, five nearby workers became aware of the crash, rushed to the scene, and extracted the near unconscious man from his vehicle only moments before the car became completely engulfed in flames. Though both vehicle doors were unable to be opened, one of the workers grabbed his crowbar from his own vehicle, and the five men were able to pry the passenger-side door open. It certainly didn’t hurt that two of the five men had firefighter experience and had received emergency training for just such a type of accident. Even though the men were able to pull the accident victim to safety, the Jerseyville man still suffered a concussion, a fractured pelvis, and possibly eternal bleeding and an ankle fracture. Reportedly, the man was not wearing his seatbelt at the time of the crash.

Continue reading " Sleepy Driver Nearly Loses Life in Car Fire " »

With the new law on the horizon banning teens from texting while driving, what better way to inform teens of the new law than to spread the word via a mass text message sent by the Governor? According to a faircitynews.com story, the Governor sent about 6,000 text messages to Springfield teens informing them of the new law. Although it is debatable whether or not teens will respond amiably towards such a message, it is understandable that the State of Missouri considered it essential to contact teens. Distracted driving in the form of texting has contributed to far too many auto accidents.

Based on the report, one teen was about to start her car when she received the text message and then allegedly “blocked” the Governor’s number. Another teen who got the message said that he was parallel parking at the time and collided with an SUV in the process of reading and parking. It is a bit ironic that an accident, although small, took place while a teen received the Governor’s message warning about the new law banning teens from texting while driving. Although this new law focuses on teen drivers, adults too should certainly take notice and choose not to text or use a cell phone while operating a motor vehicle.

It will be interesting to see how teens respond to the new law, and hopefully incidents of auto collisions involving teens will lower as a result. State officials claim that if teens do not adhere to the new ban, then a new program will be ready for implementation. Referred to as the Text-a-lizer, the new program would involve installing an application onto the mobile phones of teens. The application would then be able to detect whether or not a teen has been texting while driving. When the Text-a-lizer is activated, it will automatically turn the teen’s vehicle off, or lock out the ignition system.

Continue reading " Missouri Teens Informed of the Ban against Texting While Driving...Via Text " »

The first court challenge against a red-light camera ticket in Columbia concluded with a dismissal of the ticket on September 28, 2009, according to a columbiamissourian.com report. Apparently, this particular driver filed an affidavit and claimed that he was not the driver of the vehicle that was cited. According to the report, since two red-light cameras have been installed in Columbia on September 4th, 153 tickets have been issued. However, only 30 of those tickets have been paid and an additional affidavit has already been filed by another motorist.

Red-light cameras are installed for the purpose of raising motorist awareness of traffic laws and safety. The idea is that drivers are more inclined to stop instead of running a red-light when they know that a red-light camera may capture a picture of them. Although the City Council of Columbia is unsure at this point as to whether or not a change in the red-light camera system is required, some are concerned that the efforts being made to prevent accidents are being damaged by cases that challenge the effectiveness of the cameras.

As experienced Missouri auto accident lawyers, it is our hope that any glitches in the red-light camera system are corrected immediately. We also hope that the drivers who filed affidavits are in fact telling the truth. Running a red light is a serious issue, and is an example of reckless driving, which is a form of negligence that can lead to serious injury and even wrongful death of innocent people.

Continue reading " Are Red-Light Cameras Worth the Fuss? " »