Missouri Personal Injury Lawyer Blog

A recent LA Times article reported that a live webcast on March 8, 2010 will discuss Toyota’s defenses against claims of electronic throttle problems made by an automotive technology assistant professor from Southern Illinois University. According to the article, the assistant professor presented his study results to Congress in February, pinpointing electronic issues as the culprit for recalled Toyota vehicles experiencing unintended acceleration and throttle problems.

While the assistant professor has concluded that wiring failure in recalled Toyota cars is connected to sudden acceleration, Toyota has denied such claims of electronic flaw. Based on the article, the automaker referred to the assistant professor’s study as “completely unrealistic under real-world conditions.” Through the webcast, Toyota is supposed to present their defense by re-creating the study and providing rebuttals made by experts from Stanford University’s Center for Automotive Research.

Auto manufacturers are responsible for designing, testing, and creating vehicles that are free of defect or flaw before putting them on the market. The assistant professor involved in the Toyota throttle study asserts that automotive electronics may cause a vehicle to experience problems if the components are not properly tested to respond to extreme vibrations or temperatures.

Continue reading "Toyota Electronic Throttle Problems Supported by Assistant Professor's Study" »

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Posted In: Auto Accidents , Law & Information , Personal Injury , Product Liability

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In efforts to quell the number of dog bite victims, researchers at the University of Alabama at Birmingham are testing software that will teach children how to behave around animals. According to an article and video posted on ABC News, a non-verbal computer program called “Blue Dog” will ideally become a teaching tool across the nation. Appropriate behavior that the program aims to teach is to not pet animals while they are sleeping or eating.

The Center for Disease Control indicates that dogs bite 4.5 million Americans each year. Keep in mind that these are just the cases that are reported. Countless dog bite instances are left unreported. The most common victims of dog bite attacks and mauling incidents are children. This is due to the fact that children often miss a dog’s warning signs more easily than adults do. Education is a much-needed action for preventing severe instances of dog bites.

Research shows that Missouri dog bites occur more frequently in the spring and summer months than in winter months. This is because during the springtime and summer, children are more likely to be outside and around animals. If a dog has bitten your child in Missouri, clean the wound thoroughly and talk to your pediatrician about possible rabies infections.

Continue reading "Missouri Dog Bite Lawyer: Software Is Said to Prevent Dog Bite Attacks on Children" »

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Posted In: Dog Bite , Law & Information , Personal Injury

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Without announcing a vehicle defect recall, Chrysler is planning to carry out a "safety improvement campaign" to fix the front airbags on 355,000 minivans, including Chrysler Town and Country and Dodge Grand Caravans. According to a Reuters news report, the move comes after Chrysler found that the front airbag sensor could fail to deploy if it becomes damaged and wet. Chrysler is not currently issuing any recalls and is instead claiming that there have been no complaints or injuries due to this new issue. Chrysler also states that an airbag warning light will alert the driver if there is a defect or issue with the system.

Recalls and corrections have become commonplace in recent months. Chrysler is attempting to fix this safety hazard before there are any personal injuries due to faulty manufacturing. This proactive move by Chrysler may have been inspired by the recent woes of Toyota and Honda. Honda recently had to recall almost half a million of their vehicles due to defective airbags, which caused a number of personal injuries and one reported fatality. Toyota recalled more than 8.5 million vehicles for defective gas pedals that caused unintended acceleration. Car manufacturers are required by law to ensure the safety of their vehicles.

Continue reading "Airbag Product Defect Prompts Chrysler Minivan Fix " »

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Posted In: Auto Accidents , Law & Information , Personal Injury , Product Liability

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Johnson and Johnson issued a large recall for many of its products after reports that some of them contained a musty smell. The initial Johnson & Johnson recalls were issued in November and December of 2009 for the well-known pain reliever, Tylenol. After the initial recall, research from the Food and Drug Administration concluded in stating, “The breakdown of a certain chemical applied to the wooden pallets used to ship the product was the culprit.”

On January 15, 2010, Johnson & Johnson expanded its recall to cover all lots that may have been affected by the contaminated wooden pallets, regardless of consumer reports. The recall was also extended to include products such as Junior Strength Motrin IB, Children's Tylenol Meltaways, Benadryl, Extra Strength Tylenol, Extra Strength Tylenol Rapid Release, Motrin IB, Regular Strength Tylenol, Rolaids, Simply Sleep, St. Joseph Aspirin, Tylenol Arthritis and Tylenol PM.

Many of the recalled lots were manufactured at one of Johnson & Johnson’s main manufacturing sites located in Puerto Rico. Users of the products have reported side effects such as nausea, vomiting and diarrhea; though no serious medical problems have been reported.

FDA officials also reported that Johnson & Johnson was aware of consumer complaints as early as September 2008, though it did not thoroughly investigate until late 2009.

Continue reading "Johnson & Johnson Recalls Tylenol and Other Brands" »

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Posted In: Defective Drugs , Law & Information , Personal Injury , Product Liability

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According to recent reports, car manufacturer, Toyota Motor, has recalled 2.3 million vehicles due to gas pedal malfunctions, even in the absence of a floor mat. This recall is separate from the recall of 4.2 million Toyota and Lexus vehicles to correct a gas pedal problem linked to faulty floor mats which allegedly caused the pedal to stick and create unintended acceleration.

Toyota spokesman, Brian Lyons, stated, “The pedal may become harder to press and may become slower to return when released. In the worst cases, it may become stuck in a partially depressed position.” Toyota also claims that unintended acceleration due to gas pedal malfunction is “rare and infrequent,” but can occur after gas petal mechanisms endure excessive use.

Toyota says that owners will be notified when a solution is available and urges people to brake firmly in order to regain control of their vehicle if the gas pedal should become stuck. In such an event, the car should be driven to the closest safe location, turned off, and a Toyota dealer should be contacted.

The following vehicles are currently being recalled: 2009-2010 Toyota Rav4, Corolla, Matrix, 2005-2010 Avalon, 2007-2010 Camry, 2010 Highlander, 2007-2010 Tundra and 2008-2010 Sequoia.

Continue reading "Toyota Recalls an Additional 2.3 Million Vehicles" »

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Posted In: Auto Accidents , Law & Information , Personal Injury , Product Liability

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Police in Waynesville are looking for a hit-and-run driver after a car versus pedestrian accident in Missouri, which killed a 51-year-old woman. Officials say that the woman was found lying along the roadside on Highway 17 North. The vehicle that hit her did not stop at the scene of the accident. She was rushed to a local hospital, but did not survive her injuries.

Leaving the scene of an accident is a serious crime under Missouri law. Under Missouri Revised Statutes section 577.060.1.: "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 and giving his name, residence, including city and street number, motor vehicle number and driver's license number, if any, to the injured party or to a police officer, or if no police officer is in the vicinity, then to the nearest police station or judicial officer."

Continue reading "Missouri Fatal Pedestrian Hit-and-Run Accident" »

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Posted In: Auto Accidents , Law & Information , Pedestrian Accident , Personal Injury , Wrongful Death

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A report card recently released by Advocates for Highway and Auto Safety says Missouri has done a reasonable job of enforcing state traffic laws and protecting drivers. But the report card also states that Missouri lawmakers have some work to do in order to save lives on the road. According to a KY3 report, the advocacy group grades each state based on 15 laws addressing teen driving, distracted driving, drunk driving and the required use of seatbelts, child booster seats and motorcycle helmets.

Where does Missouri stand? On a scale of green to red, Missouri is a yellow. The state has continued its requirement of motorcycle helmets and booster seat laws. Lawmakers have also fixed the state's graduated licensing law for teens. However, to move to the next level, state lawmakers must adopt an all-driver texting ban, advocates say. Right now, Missouri only bans texting for drivers under 21 years of age. There are five bills that have been proposed to ban texting for all drivers. The report card also puts a new emphasis on tougher ignition interlock laws for convicted drunk drivers.

Continue reading "Missouri Lawmakers Have Need to Toughen Traffic Laws, Report States" »

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Posted In: Auto Accidents , Cell Phone/Texting Accident , Law & Information , Pedestrian Accident , Personal Injury

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Over the past few years, there have been a number of complaints and lawsuits filed against Johnson and Johnson, Ortho-McNeil Pharmaceutical and Johnson and Johnson Pharmaceutical Research and Development for their product Levaquin, an antibiotic known to cause severe tendon injuries. The antibiotic is commonly taken for a variety of bacterial infections such as upper respiratory infections, urinary tract infections and prostatitis.

The people who are most at risk for tendon rupture and tendonitis caused by the drug are people in the 60 and older age group and those who are taking corticosteroids. Unfortunately, some who take Levaquin may also be prescribed a corticosteroid as a common treatment for various symptoms the initial drug encompasses.

Levaquin is a part of the fluoroquinolones antibiotics group, and has more frequently caused tendon injuries than any other drug in its group. In countries outside of the U.S., regulatory authorities provided physicians with warning letters discussing the high risks of tendon rupture in patients taking the drug. Conversely, the U.S. manufacturers claimed “proven performance” on 63 million people using Levaquin outside the U.S., but had not disclosed the adverse events reported by the same people.

In some cases, the benefits of taking the antibiotic may outweigh the side effects and risks. If you or someone you know has been injured as a result of taking this drug, contact an experienced St. Louis Levequinn injury attorney at Page Cagle. Call us today at (866) 620-5757 for a free consultation.

Source report: http://www.wvrecord.com/news/223717-trio-says-levaquin-caused-tendon-injuries

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Posted In: Defective Drugs , Law & Information , Personal Injury , Product Liability

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Toyota is getting ready to issue a vehicle defect recall on thousands of Prius models for a brake defect. The Japanese auto maker has already recalled more than 8 million vehicles worldwide because of sticking accelerators. Now a Nikkei business daily report states that Toyota has decided to recall about 270,000 Prius cars in Japan and the United States to repair a brake problem.

In the United States, the National Highway Traffic Safety Commission (NHTSA) has already ordered a probe into Prius brake issues. The federal agency has received 124 reports of the hybrid vehicle's brakes failing, especially in situations where a car goes over a bump or when it hits a pothole. The auto maker has faced criticism for the way in which it has handled the recalls involving the gas pedal problem, which is said to have caused unintended acceleration in those vehicles. In fact, the gas pedal defects have been blamed for several accidents, including one in August where four members of a California family were killed in a fiery crash involving a Lexus.

Continue reading "Toyota May Recall Prius Models for Braking Problems" »

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Posted In: Auto Accidents , Law & Information , Personal Injury , Product Liability , Wrongful Death

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The state of Missouri recently recalled 22,000 H1N1 vaccines. Throughout the nation, government health officials have been recalling hundreds of thousands of these pre-filled vaccines recommended for children because the doses had lost strength over time. Therefore, 22,000 weaker vaccines were distributed throughout 75 counties across Missouri. The Centers for Disease Control and Prevention, the Food and Drug Administration and the manufacturer of the vaccine say that the recalled vaccines are still safe and effective. Also, parents should not be worried if their children received the pre-filled vaccine.

The Department of Health and Human Services said swine flu has killed eleven people in Missouri, much milder than when compared to other states such as Kansas, where 22 deaths have been reported. Missouri is one of the few states that has not been strongly affected by the illness.

Continue reading "Missouri Recalls 22,000 Weakened H1N1 Vaccines" »

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Posted In: Defective Drugs , Law & Information , Personal Injury , Product Liability

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New research indicates that Paxil may not be effective if taken for mild depression. An analysis of several anti-depressants published in the Journal of the American Medical Association combined the findings of six earlier studies of antidepressants and placebo effects. The discovery indicated that, on average, the benefit of taking paroxetine anti-depressants such as Paxil, Zoloft and Prozac and imipramine, older antidepressants, may be minimal or nonexistent in patients who have mild or moderate depression. However, for those with severe depression, the benefit of taking these medications over a placebo were substantial.

With these new findings, many women suffering from mild to moderate depression are wondering if taking Paxil is worth the risk, especially since the drug has been known to cause birth defects if taken while pregnant. Some complications for unborn babies include congenital heart defects and persistent pulmonary hypertension (PPHN), a condition that affects newborns’ breathing and circulation capabilities.

Continue reading "Research Shows that Placebo May Be as Effective as Paxil" »

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Posted In: Defective Drugs , Law & Information , Personal Injury , Product Liability

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The road to Marble Hill is lined with crosses, common markers of fatal accidents. Teenagers from the area have experienced a string of car accidents in recent years, especially along highways 34 and 51. After the recent death of a friend, one local teenager is advocating improvements of the curvy Bollinger County roads. The 15-year-old girl said she knew seven teenagers who died in car accidents along the twisting roads. The most recent incident was on December 23, 2009, when a girl was killed after her car slid off Highway 51 and into a tree. She was a sophomore at Woodland High School.

The 15-year-old girl wrote a letter and distributed it to politicians and media outlets to bring awareness to the situation. The letter mentioned six fatalities since 2003, "To name a few," it said. She said friends encouraged her to make the statement to prove a point. "If someone finally stands up, they'll have to do something," she said. The girl also stated that she advocates improvements like guard rails, reflective paint and shoulders along the roads.

Continue reading "Road Warrior: Teenager Leads Fight to Improve Deadly Bollinger County Highways" »

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Posted In: Auto Accidents , Law & Information , Personal Injury , Wrongful Death

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Employees at a St. Louis plant, where a shooting spree in early January left four people dead, have returned to work. A spokesman for the ABB Inc. plant revealed that the first day back was devoted to helping employees deal with their emotions. Counselors were on hand to help employees cope with the fact that a disgruntled worker killed three co-workers and injured five others before taking his own life.

Authorities say the suspect arrived at the plant on January 7, 2010, armed with four guns and opened fire. They have not released a possible motive. All but two of the injured have been released from the hospital. No details about the conditions of the two who remain hospitalized were released.

Workers who sustain injuries on the job in Missouri are entitled to fair compensation for their expenses and loss of wages. 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 a worker dies as a result of his injuries, then his family is entitled to receive these benefits as well.

Continue reading "St. Louis Plant Reopens One Week after Shootings" »

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Posted In: Law & Information , Personal Injury , Premises Liability , Workers Compensation

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According to the Federal Railroad Administration, there are approximately 3,000 train accidents in the United States each year. One third of all train accidents are fatal. Train and railroad accidents can also cause other serious injuries such as brain and spinal injuries that may lead to paraplegia or quadriplegia.

The National Transportation Safety Board (NTSB) reports that close to 60% of all fatal railroad crossing accidents occur at unprotected crossings. Furthermore, approximately 80% of all public railroad crossings do not have safety gates or lights.

Common railroad accidents include collisions with passenger vehicles or other trains, derailments, mechanical failures, driver fatigue and improperly maintained tracks. Therefore, it is important to drive carefully and uphold proper care at railroad crossings. Here are a few train safety tips that could help save your life:

• Expect a train at anytime on any track.


• Understand that trains cannot stop quickly. A train that is going 55 mph can take a mile or more before stopping after the emergency brakes are activated.


• Look out for a second train at multiple track crossings.


• If your car stalls on the tracks, get out of the vehicle and walk away at a 45-degree angle toward the direction the train is coming. This is to ensure flying debris won’t injure you.


• Trains are three feet wider than the tracks on each side.


• Cross tracks only at a designated crossing.

Continue reading "Preventing Railroad Crossing Accidents: Train Safety Tips" »

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Posted In: Law & Information , Personal Injury , Railroad Accidents , Wrongful Death

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The important issue of medical malpractice caps is before the Missouri Supreme Court. The state's high court will hear a constitutional challenge to the $350,000 award limit in medical liability cases. According to a news report, this case stems from a $1 million jury verdict in 2008 given to a man who experienced a brain hemorrhage and other complications after his pacemaker became infected. However, the judge ended up reducing the jury's $1 million award to $350,000 to match the state medical malpractice cap. The trial court rejected arguments from attorneys for the plaintiff that the cap and other reforms violated patients' equal protection and jury trial rights. The Missouri Supreme Court directly took on this man’s appeal of the ruling.

The 2005 state cap basically limits noneconomic damages such as pain and suffering to $350,000 in a medical malpractice claim. As Missouri personal injury attorneys who see the effects of medical negligence, we hope the Supreme Court in this case rules for the plaintiff. These caps, or limitations, are unfair to victims who have already suffered greatly due to another person’s negligence and reckless disregard for the well-being of others. It's only right that they get the justice and compensation they rightfully deserve.

Continue reading "Medical Malpractice Cap Issue Comes Before Missouri Supreme Court" »

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For several years, GlaxoSmithKline P.L.C. ignored evidence that its antidepressant, Paxil, may have caused birth defects in Missouri and throughout the nation, according to details emerging from a pharmaceutical liability lawsuit. The claim was filed by a woman who says her 3-year-old son has heart problems because she took Paxil during her pregnancy. Attorneys nationwide who have filed these Paxil lawsuits on behalf of injured clients and their children are alleging that Glaxo, for many years, knew about early tests and research results which all raised issues of concern. In fact, an attorney cited a test where rats that were administered Paxil were more likely to have pups that did not survive past four days.

Warnings relating to Paxil apparently came as early as the 1980s. A scientist warned in an internal memo that "there remains the possibility" that Paxil could cause birth defects in higher doses. But Glaxo ignored those research findings. There are now 600 or more pending cases in the United States, which allege that Glaxo knowingly put Paxil on the market and concealed its risks from consumers in order to boost profits. Paxil, which was approved by the U.S. Food and Drug Administration (FDA) in 1992, generated $942 million in sales just in 2008. Attorneys for Glaxo have denied all allegations and maintain that Paxil has cleared all clinical trials.

Statistics show otherwise. By 1997, within five years of Paxil's approval, Glaxo had received reports of 50 miscarriages or intrauterine deaths. A Glaxo scientist at that point warned that the high number of cases was "an alarming finding." That warning was also ignored by the pharmaceutical company and went unreported to the FDA.

Continue reading "Drug Company Ignored Evidence of Paxil Birth Defects for Years, Lawsuits Allege" »

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Posted In: Birth Defects , Defective Drugs , Law & Information , Personal Injury , Product Liability

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The end of each year is marked by holiday cheer. However, during the holidays, statistics show an increase of drivers on the road as well as intoxicated driving. This year, the Missouri Highway Patrol is participating in operation Combined Accident Reduction Effort (C.A.R.E.) over the holidays. During Thanksgiving weekend last year, there were 1,736 traffic crashes with 14 killed and 634 injured.

According to Mother’s Against Drunk Driving (MADD), about three in every ten Americans will be involved in an alcohol-related accident at some point in their lives. In addition, a first-time offender has driven an average of 87 times prior to being arrested. The highest number of drunk driving fatalities fall under the 21-24 age group. In 2007, Missouri had 130 fatalities for that age group, 45% of which were alcohol-related. December holidays and New Years often show an increase in drunk driving accidents.

Continue reading "December Holidays Show Increase in DWI Accidents" »

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Posted In: Auto Accidents , Drunk Driving Accident , Law & Information , Personal Injury

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On December first, the U.S. Senate will begin debates on its version of healthcare reform including a considerable expansion of the Elder Justice Act and other issues concerning seniors and long-term care. The Senate’s version is reportedly more extensive than the House’s bill. The main issues in both reforms include more effective worker screening programs with national background checks. In addition, the Senate’s version incorporates an increase in federal aid for elder abuse identification and requires long-term care providers to report cases as well as implement new anti-abuse programs alongside the Department of Health and Human Service.

Other provisions include Medicare market basket payment updates for 2010, long-term insurance programs and the expansion of Medicaid to community-based and home services. The Senate’s reform will also implement the Community Living Assistance Services and Support (CLASS) Act, which enable long-term care insurance programs for current workers to pay gradually in preparation for elder years.

Continue reading "Senate to Debate on Health Reform and Elder Justice Act December 1" »

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Posted In: Law & Information , Nursing Home Abuse , Personal Injury

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A personal injury lawsuit filed by a woman and her husband is underway in Madison County Circuit Court. The couple claims that the other driver, a man, struck the rear end of their vehicle causing the wife to sustain chronic headaches; jaw, back and neck pain and reflex sympathetic dystrophy.

The woman has recently added to the claim that she is no longer able to care for her husband who suffers Parkinson’s disease and other neurological degradations. The woman’s conditions, as a result of the accident, have caused her to lose wages, experience a diminished quality of life, incur medical costs, and become incapable of providing services or companionship to her afflicted husband.

The two blame the other driver for causing the rear end accident, driving too fast, and not keeping a careful eye on the road. They are requesting over $100,000 in compensation in addition to attorney’s fees and any other relief the court deems just.

Continue reading "Couple Accuses Driver of Causing Chronic Injuries" »

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Posted In: Auto Accidents , Law & Information , Personal Injury

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After this summer’s dog fighting raids, nearly 500 dogs were left without homes. Dogs found in the raids that showed any signs of aggression toward humans were killed, while many others were put up for adoption or sent to rescue groups. However, if homes cannot be found for these abused dogs, they, too, will be put to sleep.

One of the most common dog fighting breeds is the Pit Bull terrier. Training for fights can begin as young as a few weeks old. Regardless of previous training, a dog fight can happen at any time, which is an intimidating fact for owners of certain dog breeds and for their neighbors.
There is no way to tell if a dog will end up normal or a vicious fighter, although a large part of it depends on the owner and training of the animal. Still, several towns are beginning to ban ownership of specific breeds because of the dogs’ proclivity to violence, which makes it more difficult to find homes for ex-fighters. Rescuers believe that these bans are unnecessary because with proper training and care, ex-fighters can live normal, loving lives without the urge to fight or attack.

Continue reading "Ex-fighting Dogs Left Without Homes After Summer Raids" »

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Posted In: Dog Bite , Law & Information , Personal Injury

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Recent research demonstrates a possible association between a popular magnetic resonance imaging (MRI) contrast agent and the incidence of a rare disease called nephrogenic systemic fibrosis (NSF) in patients with kidney disease, according to a Science Daily report. Nephrogenic systemic fibrosis triggers thickening of the skin, organs and other tissues. There's no effective treatment for this serious, debilitating disease.

NSF is a serious condition. Patients who are afflicted with NSF experience an increase of collagen in the tissues, which causes thickening and hardening of the skin of the extremities. This could result in an inability to move. It could also cause a tightening or deformity of the joints. NSF can develop pretty quickly and could result in the patient becoming wheelchair-bound in just a few weeks. In some cases, other tissues including those of the lungs, heart, diaphragm, esophagus and skeletal muscle could be affected. Since there is no effective therapy or treatment for this disease, chances for recovery are indeed challenging.

Continue reading "Gadolinium Contrasting Agent Linked to Rare Degenerative Disease" »

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Posted In: Law & Information , Medical Malpractice , Personal Injury

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This autumn, regions in Missouri have been struck by heavy rainfall, especially in Hannibal. The monthly average rainfall for Hannibal increased from 11.37 inches to 11.46. Rain leads to flooding which contributes to poor road conditions. Many roads have been closed and reopened due to excess rainfall. The heavy rain has also been the perpetrator in several car accidents that claimed a few lives. To ensure road safety, the Missouri Department of Transportation has been monitoring road conditions and posting updates on the traveler information map section of its website.

Rainwater coats roads, making them slicker, which can cause tires to lose traction or hydroplane. The best way to prevent a hydroplane is to make sure there is enough tread on your tires and to drive five miles below the posted speed limit, or slower, if conditions are more severe. If you drive too fast in the rain, your tires may not be able to grip the road properly and could skid on the water, causing the vehicle to spin and even accelerate. If this happens, release the gas pedal and drive straight until the tires regain traction.

Continue reading "Tips on How to Drive in Missouri's Heavy Rain" »

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Posted In: Auto Accidents , Law & Information , Personal Injury

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According to an article posted on New York Times’s website, many employees are not reporting work-related injuries and are consequently are not enacting their rights to safe working conditions. The Government Accountability Office (GAO) issued a report Monday, indicating that the underreporting is a result of employee fears of hurting work and contract opportunities, being disciplined or fired, increased workers’ compensation costs and preventing benefits to colleagues. Still, workers who don’t report injuries also have to foot the bill for any medical visits and supplies, prescriptions, and therapy necessary for treatment.

The lack of reporting also has a direct affect on the accuracy of Occupational Safety and Health Administration (OSHA) data and reports. Inefficient data can prevent new and more efficient legislation regarding workers’ compensation from passing. The GAO also reported that over a third of occupational health practitioners surveyed stated that employers had pressured them to “play down” work-related injuries or illnesses in order to minimize the number of reports.

Continue reading "OSHA Workers' Compensation Data in Question Due to Employee Underreporting" »

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Posted In: Law & Information , On-the-Job Injury , Personal Injury , Workers Compensation

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On Saturday night, a 62-year old man from Humansville, Missouri was killed instantly in a one-car crash, according to a News-Leader article. The driver, a 36-year old man from Bolivar, sustained serious injuries and was taken to St. John’s Hospital in Springfield. The Missouri State Patrol reported that the vehicle ran off the right side of the road, causing it to overturn and eject the two men. The report also indicated that neither man was wearing a seat belt.

Research from the National Highway Traffic Safety Administration indicates that wearing a seat belt reduces fatal injury risks for front seat occupants by 45%. It is a well-known fact that people over the age of five should wear a seat belt; however, seat belt statistics for Missouri are lacking.

A survey taken in 2008 indicated that an average of 77% of people in Missouri wear seat belts, a statistic that has had minimal improvement since the 2004 survey. Missouri is 7% less than the national average (84%). Changes to Missouri seat belt laws have not had positive reactions, being viewed as overly prescriptive.

Continue reading "Missouri Falls Behind on National Seat Belt Average" »

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Posted In: Auto Accidents , Law & Information , Personal Injury , Wrongful Death

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The mother of a well-known male disc jockey has recently added a wrongful death claim to a $20 million lawsuit filed against several parties for a plane crash that occurred last year. The incident killed four people and left the disc jockey and his friend severely burned. The disc jockey, who was reportedly sober for a decade, began using prescription drugs to overcome the trauma and pain caused by the accident. On August 28, 2009 he was found dead in his apartment as a result of an accidental overdose.

The claim asserts that his drug relapse and death were direct results of the plane crash. Learjet, one of the accused parties, denies any fault attributed to the disc jockey’s death. The case filed by the disc jockey in September 2008 included pain and suffering, lost earnings, past and future medical and health-related expenses, and property and punitive damages. The trial will begin March 2, 2010.

Wrongful death encompasses all deaths caused by negligent, intentional and reckless acts. In the disc jockey’s case, the claim states that the defendants decided to abort takeoff in a negligent manner after the plane’s tire blew out on the runway.

Continue reading "Wrongful Death Added to $20 Million Lawsuit " »

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Posted In: Law & Information , Wrongful Death

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Mitsubishi has notified the National Highway Traffic Safety Administration (NHTSA) that it will be recalling 29,353 2008-2009 Lancers and Lancer Evolutions due to faulty front airbag sensors. Apparently these cars pose a risk to those living in states that use road salt. Prolonged exposure to road salt and melted snow can coat and corrode the airbag sensors, causing them to possibly malfunction in the event of a crash. The company will be issuing a geographic recall, which is expected to begin on November 27 in the District of Columbia and 22 states, including Missouri.

On April 1, 1989 the U.S. passed a law requiring all vehicles built after that date to have airbags installed. Since then, the NHTSA has reported that front airbags have saved more than 12,000 lives between 1960 and 2002.

Continue reading "Mitsubishi Recalls Lancers for Defective Front Airbag Sensors" »

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Posted In: Auto Accidents , Law & Information , Personal Injury , Product Liability

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In the following two-part blog series, we will discuss the importance of preventing animal-vehicle collisions. The last three months of the year are often marked by an increase in animal-vehicle collisions; and deer are the most commonly hit large animals. Although Missouri is not one of the higher risk states for deer-vehicle collisions, this year Missouri insurance companies are reminding drivers to be aware of animals on the road.

According to the Center of Disease Control, 6.1 million light-vehicle collisions were reported in the US in 2000. About 4%, or 247,000 (excluding animal-motorcycle accidents) of the crashes involved hitting an animal. Animal-automobile accidents also result in an estimated 200 human deaths each year and cost over one billion dollars in vehicle damage.

Deer are most active and likely to cross roads at dawn and dusk, especially in rural areas or near wooded creek bottoms. The increase of deer-vehicle collisions is commonly attributed to hunting and mating seasons as well as the close proximity of highways to habitats; but there is no official reason as to why these accidents increase at the yearend. Regardless, we share the road with animals as well as other motorists and should take necessary precautions when driving.

Continue reading "Deer Season: Learn How to Prevent Animal-Vehicle Collisions This Fall (Part One)" »

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Posted In: Auto Accidents , Law & Information , Personal Injury

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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" »

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Posted In: Birth Defects , Law & Information , Personal Injury , Product Liability

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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" »

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Posted In: Law & Information , Medical Malpractice , Personal Injury

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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" »

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Posted In: Auto Accidents , Law & Information , Personal Injury

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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" »

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Posted In: Law & Information , Personal Injury , Product Liability

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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" »

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Posted In: Law & Information , Nursing Home Abuse , Personal Injury , Premises Liability , Wrongful Death

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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" »

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Posted In: Auto Accidents , Cell Phone/Texting Accident , Law & Information , Personal Injury

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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?" »

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Posted In: Auto Accidents , Law & Information , Personal Injury

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According to recent reports, new legislation in Illinois will reverse a state law regarding how fast truck drivers are allowed to travel. The new law will reverse a previous law that prohibited truck drivers from traveling faster than 55 miles per hour. This new legislation raises the question of whether more truck accidents will occur if such large vehicles are allowed to drive at higher speeds. While passenger vehicles traveling at excessive speeds are certainly dangerous, semi-trucks and big-rigs doing so are certainly recipes for disaster.

Instances of truck accidents are certainly not new, and may in fact not end up being more problematic than they have been in the past, but it still seems counterintuitive for any state government to adopt legislation that permits any vehicle to travel at higher rates of speed. Faster speeds will ultimately lead to more instances of vehicular accident injury and increase the likelihood of wrongful death. AAA and other highway safety advocates argue that a uniform speed limit will only lead to deadlier traffic accidents. Truck drivers and higher truck speed limit advocates argue that the safest possible conditions for vehicular traffic must always dictate vehicles traveling at the same rate of speed, and that trucks that are forced to drive at a slower rate than passenger cars are nothing more than targets waiting to get hit.

Continue reading "IL Speed Limit Rise Could Increase MO Truck Accidents" »

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Posted In: Auto Accidents , Law & Information , Personal Injury , Truck Accidents , Wrongful Death

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St. Louis County’s upcoming election in November will determine whether or not a 0.1-cent sales tax will be implemented, which according to a recent report, would raise nearly $13.6 million a year to finance an upgraded program for advanced emergency communications systems. This money would also go towards equipment to determine the location of those in distress or those reporting an accident via cell phone, and an improved siren system for police and firefighter vehicles. Already putting efforts into action, supporters and organizers of the sales tax have created a campaign committee and have begun raising money.

Whether or not the program will receive enough votes is yet to be determined. After being involved in an accident, whether it is a car accident, motorcycle accident, or truck accident, many drivers aren’t sure what their precise location is. This issue may be enough incentive to make citizens want the 28 emergency 911 centers in St. Louis County upgraded so that dispatches can easily determine the position of callers with cell phones.

The campaign’s slogan is, “If we cannot find you, we cannot save you.” For more information about the campaign and the program, visit www.citizensfore911.org.

Continue reading "St. Louis County Sales Tax for Emergency Communications Proposed to Make Response to Accidents More Acute" »

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Posted In: Auto Accidents , Law & Information , Personal Injury

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The fifth annual “Allstate America’s Best Drivers Report” reveals a vast amount of information regarding America’s 200 largest cities and their collision frequency to determine which cities have the safest drivers. According to an article, the news isn’t great for Illinois. One of the Allstate data sections related to cities with more than one million residents, which included Chicago, Illinois. The report stated that drivers are more likely than the national average to experience a collision in U.S. cities with a population above one million. Chicago was listed as 170th in this category, making drivers 37.6% more likely to be in a collision compared to the national average. Phoenix ranked highest in this category as the safest large city for commuters.

Senior vice president of Allstate’s Claim Organization reasons that human error is the biggest cause of accidents throughout the nation and that it is “vital for us to educate drivers across the country on the importance of being tolerant and attentive behind the wheel.” As personal injury attorneys who handle auto accident cases in Illinois and Missouri, we couldn’t agree more.

Continue reading "Safe Driving Tips from Allstate's Best Driver Report" »

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Posted In: Auto Accidents , Law & Information , Personal Injury , Wrongful Death

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A July 8 article in St. Louis Today indicates that the safety regulations of Missouri's day care centers are about to get a much-needed boost after nearly 20 years, with a 165 page document that outlines new standards for Missouri's estimated 2,300 day care centers across the state.

At issue, according to the reports, would be more advanced training for workers, better guidelines for environmental considerations and even smaller ratios providing more supervision to each child.

Missouri state officials say the change stems partially from incidents like one two years ago involving a sleeping infant who was left in a vehicle during a day trip. In this case, officials said tragedy was prevented by someone who spotted the baby, but the currently proposed regulations will make sure this kind of thing is not left up to chance in the future.

Those advocating stricter controls for Missouri day care centers have pointed to this kind of situation in urging the state to adopt greater regulation on how day care centers operate.

But not all of this is popular with those who own and run these businesses. Specifically, provisions that would require more staffing are under the spotlight. Many of Missouri's day care operations say they cannot afford to provide more staff than they currently use.

While the debate over the best way to regulate these kinds of businesses continues, the responsibility for child safety is in limbo. When tragic and unfortunate situations occur, parents are often left to sift through the facts and the mitigating factors to figure out where responsibility lies for an injury, or worse, a fatality involving one of their children.

Continue reading "Missouri Signs Day Care Law" »

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Posted In: Law & Information , Personal Injury

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Motorcycle riders in Missouri now have a little more freedom. The Missouri Senate, in Jefferson City, recently voted to allow motorcycle riders over the age of 21 to ride without a helmet in some circumstances. The one caveat is that Missouri motorcyclists can’t be traveling on one of Missouri’s interstate highways.

Some Missouri residents view this as a huge victory, while others believe the interstate restriction is ridiculous. I am an avid motorcycle rider and enthusiast and I understand why some riders prefer no helmet. It certainly increases the feeling of freedom, but also increases the chance of injury.

Many Missouri residents argue that once someone turns a certain age, they should be able to make this decision by themselves, without government involvement. Motorcycle helmets have been mandatory in Missouri for many years.

People who support helmet laws often defend their belief by arguing Missouri has an obligation to keep people safe when they are involved in dangerous activities. Supporters of helmet laws also point to the many studies that have been done in regard to Missouri motorcycle accidents, helmets, and injuries.

About half the states require motorcyclists to wear helmets. Some states don’t require helmets, while others require helmets for younger riders.

Continue reading "New Missouri Motorcycle Helmet Law" »

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Posted In: Law & Information , Motorcycle Accidents , Personal Injury

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In Texas, a high school golf coach was badly injured after his motorcycle collided with a pickup truck. He has been listed in critical condition, suffering from head injury, broken arms, legs, ribs, and a severe foot injury. The motorcycle accident allegedly occurred because the pickup driver failed to yield while merging onto the highway and did not see the motorcyclist. The motorcycle ran head-on into the driver’s side of the truck, causing significant external and internal injuries. The motorcyclist was not wearing his helmet, the pickup truck driver was not injured, and neither was speeding.

Helmet safety in relation to Missouri motorcycle injuries is always an issue of debate, as some states require helmet use where others do not, and some motorcyclists claim that helmets hinder their vision and hearing capabilities. The NHTSA sponsored a study of fifty motorcyclists of various ages and riding experiences to assess the abilities of motorcyclists wearing helmets. The study tests motorcyclists’ abilities:

1. To visually detect the presence of vehicles in adjacent lanes before changing lanes; and


2. To detect traffic sounds when operating at normal highway speeds.

The hearing results showed there were no significant difference in riders’ ability to hear the auditory signals regardless of whether they were wearing a helmet or not. At higher speeds, wind noise obviously makes hearing more difficult in general, but the helmets did not affect hearing abilities. Overall, any possible drawbacks of helmet use are severely negated by the benefits in terms of the protection offered in the event of an accident.

Further, according to the National Highway Traffic Safety Administration (NHTSA), motorcycle helmets reduce the likelihood of crash fatality by 37 percent. Helmets are most important in preventing brain injuries; NHTSA statistics indicate that in the event of a motorcycle accident in Missouri and throughout the nation, motorcyclists not wearing a helmet are three times more likely to suffer brain injuries. Further, 65% of fatally injured motorcycle riders were not wearing a helmet in states without all-rider helmet laws as compared with only 13% in states with such laws.

Continue reading "Motorcycle Helmet Vision and Hearing Study" »

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Posted In: Auto Accidents , Law & Information , Motorcycle Accidents , Personal Injury

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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.

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Posted In: Auto Accidents , Law & Information , Personal Injury , Tractor Trailer Accident , Truck Accidents

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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.

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Posted In: Boating Accident , Law & Information , Personal Injury

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Between 2000 and 2006 alone, over 65,000 product liability lawsuits have been filed against prescription drug makers. This totals more lawsuits than in any other industry. Although there are no medications that are completely free from side effects, the dangers of Ortho Evra birth control patch have proved to be life altering and outweigh any potential benefits of the drug.

Most birth control prescriptions carry side effects such as mood swings and weight gain. However, in addition to these common uncomfortable side effects, Ortho Evra has been linked to potentially life-threatening conditions such as Deep Vein Thrombosis. Blood clots caused by Ortho Evra can lead to medical complications, including strokes, pulmonary embolisms and even death.

Despite the fact that most birth control pills do carry the risks of blood clots, many people using the Ortho Evra patch weren’t aware that using the patch instead of other birth control methods means serious medical conditions are three times more likely to occur. An experienced personal injury attorney in Missouri will be able to help determine whether you have a case against the drug manufacturer.

A 2004 study on birth control methods and the patch concluded that there was a 300 percent increase in both blood clots and cardiovascular complications in women who used the patch over the pill. In November 2005, the FDA issued a warning of this finding to consumers and also encouraged Johnson & Johnson to strengthen the drug’s warning label. .

Continue reading "Ortho Evra Dangerous Drug and Product Liability" »

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Posted In: Defective Drugs , Law & Information , Personal Injury , Product Liability

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The U. S. Food and Drug Administration (FDA) website says it is important to remember that the risk for injury is not necessarily gone when dangerous drug Levaquin or Cipro use is discontinued. Cases have been reported in which tendon problems occurred up to several months after individuals have stopped taking the medications.

Levaquin and Cipro are drugs prescribed by doctors to treat serious bacterial infections. Both medications just received a “black box” warning by the U.S. Food and Drug Administration (FDA) for issues of product liability. Although it is an FDA term, the “black box” warning is the strongest warning the FDA can give a drug short of an all out recall.

Both medications fall into a group of drugs known as quinolones that fight infections by targeting the infected area and eliminating or limiting the amount of bacteria present. By doing so the drugs assists the body in fighting off the infection. Levaquin is a third generation quinolone, which means that its antibacterial spectrum is wider than that of Cipro, yet both have been linked to tendon damage and ruptures with injuries particularly focusing on the Achilles tendon, the biceps, the rotator cuff (shoulder), as well as the hand and thumb.

If you are currently taking, or have taken, one of these drugs and experience pain, swelling, or the inflammation of a tendon or tendon rupture, immediately discontinue use of the medication and contact your health care professional right away. Then contact the top St. Louis personal injury lawyers at Page Cagle for a free consultation by calling 314.322.8515 or 1.800.500.4658.

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Posted In: Law & Information , Personal Injury , Product Liability

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Regardless of the hundreds of defective product lawsuits in Missouri and throughout the nation linking Prozac to suicidal and violent behavior, approximately 38 million people in over 100 countries take Prozac for a myriad of disorders and afflictions. While primarily prescribed to treat depression, obsessive-compulsive disorder (OCD) and panic attacks, Prozac has even been approved to curve eating disorders.

Created by Eli Lilly and approved by the Food and Drug Administration (FDA) in 1987, it is the only antidepressant approved to treat certain disorders in children, such as major depression disorder (MDD) and OCD in kids. Prozac is also used for several “off-label” purposes, such as to treat alcoholism, sleep problems, attention deficit disorder and post traumatic stress disorder. Because of the substantial range of illnesses Prozac is used to remedy, it is no wonder why critics often call it the most over-prescribed drug in the world. Now Prozac users are experiencing drug injury in Missouri and across the U.S.

How It Words and Side Effects
Prozac works by inhibiting the re-uptake of serotonin between neural connections in the brain, which leaves more serotonin available to transfer neural electrical messages more smoothly and effectively. Over-prescription, however, is not the only problem that has been associated with Prozac. The drug currently carries a black box warning regarding the risks and dangers of suicidal and violent behavior.

In 2001, a man reportedly committed suicide after taking Prozac for only 3 days. He eventually threw the pills away, but when his body was found 4 days later, high levels of fluoxetine, the active ingredient in Prozac, were found in his blood. The lawsuit, brought by the family, alleged that Eli Lilly knew that some people have a hard time metabolizing the drug, yet concealed the information in order not to hinder sales, which resulted in the wrongful death of their son.

Additionally, multiple Prozac users have claimed that the drug made them commit violent acts. In one example, the “Prozac” defense was used by an insurance agent, in 2000, who robbed a bank and was subsequently acquitted because he had been prescribed Prozac and Xanax.

Continue reading "Prozac Product Liability Lawsuits" »

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Posted In: Defective Drugs , Law & Information , Personal Injury , Product Liability

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An Achilles tendon rupture is an extremely painful injury that happens when the Achilles tendon is torn from its positioning at the calf to the heel bone. Achilles tendon ruptures often require surgery, in addition to physical therapy and other ongoing rehabilitation efforts to regain normal ankle use.

Although Achilles tendon ruptures are not typically common injuries, a disturbing number of these tendon ruptures have occurred in conjunction with taking certain antibiotics, like Cipro and Levaquin. Cipro and Levaquin are both commonly prescribed antibiotics that are associated with increased risks in tendon injury and rupture. Of the reported tendon ruptures associated with dangerous drugs Levaquin and Cipro, 60 percent were attributed to using Levaquin and the most common tendon rupture was the Achilles tendon. An experienced St. Louis personal injury lawyer will be able to help you with your Cipro or Levaquin lawsuit.

The manufacturers of these drugs failed to adequately warn consumers about the risks of tendon damage and injury, which has led to several personal injury lawsuits. The FDA now requires warnings about antibiotics that cause tendonitis and other severe forms of tendon injury, but these warnings are too late for some patients.

Continue reading "Defective Drugs, Cipro & Levaquin, Causing Achilles Tendon Rupture" »

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Posted In: Defective Drugs , Law & Information , Personal Injury

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FDA’s Recent Actions…Black Box Warnings on Levaquin and Cipro: Antibiotics that Cause Tendon Damage and Rupture

On July 8, 2008 the U.S. Food and Drug Administration (FDA) issued new warnings for Cipro, Levaquin, and other quinolone antibiotics, concerning the increased risk of tendinitis and tendon ruptures affiliated with the use of these drugs. The product liability evidence now shows that side effects of Levaquin and Cipro have and can leave patients incapacitated and requiring major surgery.

Levaquin and Cipro are drugs prescribed by doctors to treat serious bacterial infections. Both medications fall into a group of drugs known as quinolones that fight infections by targeting the infected area and eliminating or limiting the amount of bacteria present. By doing so the drugs assists the body in fighting off the infection. Levaquin is a third generation quinolone, which means that its antibacterial spectrum is wider than that of Cipro, yet both have been linked to tendon damage and ruptures in users with injuries particularly focusing on the Achilles tendon, the biceps, the rotator cuff (shoulder), as well as the hand and thumb.

Continue reading "FDA Issues Black Box Warnings on Levaquin and Cipro" »

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In a recent move, the Missouri Senate voted to permit motorcyclists the option of riding a bike without using a helmet. According to a report in the News-Leader.com (http://www.news-leader.com/article/20090313/BREAKING01/90313005/-1/rss), a Missouri motorcycle rider can now go without a helmet, provided they are not on an interstate highway and they are at least 21 years or older.

The new law reportedly reverses the previous decades old requirement of mandatory helmet use for all motorcyclists. Apparently, the effort to repeal the old law was in place for some time with lawmakers opposing it on the grounds of violation of civil liberties.

A recent National Highway Traffic Safety Administration (NHTSA) report on Motorcycle Helmet Effectiveness states an increase in the efficiency of helmets as potentially saving an estimated 11,915 lives over the period 1982 through 2002. However, the study finds that the declining rate of helmet use among motorcyclists has contributed to rising numbers of rider fatalities from motorcycle accidents in Missouri and throughout the nation, despite the improved life saving qualities of helmets.

Continue reading "Missouri Compulsory Motorcycle Helmet Law Ended By Senate" »

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Posted In: Law & Information , Motorcycle Accidents

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The antibiotics Levaquin (Generic: levofloxacin) and Cipro (Ciprofloxacin) have recently been under the governmental microscope because of the disturbing number of reported serious side effects now on file with the U.S. Food and Drug Administration (FDA). Specifically, Levaquin and Cipro have been linked to tendon damage and ruptures with injuries particularly focusing on the Achilles tendon, the biceps, the rotator cuff (shoulder), as well as the hand and thumb.

Levaquin and Cipro are drugs prescribed by doctors to treat serious bacterial infections. Both medications fall into a group of drugs known as quinolones that fight infections by targeting the infected area and eliminating or limiting the amount of bacteria present. By doing so the drugs assists the body in fighting off the infection. Levaquin is a third generation quinolone, which means that its antibacterial spectrum is wider than that of Cipro, yet both have been linked to harming users and are in question of product liability.

If you are currently taking, or have taken, one of these drugs and experience pain, swelling, or the inflammation of a tendon or tendon rupture, immediately discontinue use of the medication and contact your health care professional right away. Then call the skilled St. Louis personal injury attorneys at Page Cagle for a free consultation.

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Posted In: Law & Information , Personal Injury , Product Liability

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Recent analysis of a 2002 study conducted by the Women’s Health Initiative (WHI) has revealed that short term exposure to hormone replacement therapy (HRT) medications are in fact linked to the development of breast cancer. In addition to the researchers previous findings, concluding that long-term exposure to HRT medications can and do have severe adverse effects, the new analysis is the first to warn of the dangers of short term exposure.

Although the original study was published in 2002, its findings and subsequent analysis still send shock waves through the medical community because despite the manufacturer’s original claims that long-term HRT use could actually provide cardiovascular benefits to women suffering from the side effects of menopause, women who use the drugs have become disproportionately ill when compared to non-users.

The study discovered so many dangerous side effects, in fact, that the research was actually terminated at least two years prior to the expected conclusion date because of concern for the health and safety of the women who were participating. The risks and exposure to personal injury simply outweighed the benefits.

Prempro is a popular HRT introduced by Wyeth Pharmaceuticals in 1996. The medication was originally dispensed to treat symptoms of menopause such as hot flashes and night sweats. The major problem is that upon the drug's introduction to the market, there had not been any large clinical trials to scientifically test and research its long term affects. The aforementioned study was the first to document that Prempro, and similar hormone related drugs, dramatically increased the risk of stroke, blood clots, heart attack and breast cancer.

Continue reading "Prempro, Hormone Replacement Therapy and Breast Cancer" »

Posted by John J. Page | Permalink | Email This Post

Posted In: Defective Drugs , Law & Information , Personal Injury

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Federal Motor Carrier Safety Administration (FMCSA) crash studies recently revealed that 22 percent of large-truck crashes occur because truck drivers are unfamiliar with the roadways they are traveling. Commercial Motor Vehicle (CMV) drivers (truck drivers, tractor trailer drivers, etc.) regularly travel to new destinations, so they are often unfamiliar with their surroundings. Driving at night in new areas also adds to difficulties encountered while traveling on untried roads.

FMCSA reports indicate that CMV drivers sometimes read maps or directions while driving in new areas, distracting them from the road and causing large truck crashes on our nation’s highways. FMCSA suggestions for preventing these accidents are to review maps and plan a route before driving, to always use signals while driving, and to be careful while changing lanes and direction of travel.

In three years, roughly 50,000 moving violations were cited as improper lane changes and improper turns. Additionally, about 630,000 motor vehicle accidents occur because of lane-changes every year. Many of these accidents cause severely injure and even kill innocent motorists and passengers. Many times, these violations can be used to prove fault on part of the tractor trailer driver and the trucking company. An experienced Missouri truck accident lawyer will know exactly how to uncover the violations for a truck company and its drivers.

Often times, simply missing an exit or passing up the right turn will end up causing an accident when a driver tries to overcompensate and correct for a missed turn. All drivers have a duty to exercise reasonable care while driving, despite unfamiliarity with road conditions. Cautious driving will ultimately prevent many accidents, but if you or a loved one has been injured by truck driver’s negligence, it is important to obtain an experienced truck crash lawyer.

The skilled St. Louis truck accident attorneys at Page Cagle, A Missouri Personal Injury Law Firm, are aggressive and experienced at handling truck accidents that result in serious injury and death. For a free consultation call 314.322.8515 or toll free at 1.800.500.INJURY (4658). You can also email me John Page, a partner at Page Cagle, at john@pagecagle.com for more information.

Posted by John J. Page | Permalink | Email This Post

Posted In: Law & Information , Truck Accidents

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Driver fatigue and drowsiness are both conditions that can have a deadly impact on a commercial truck driver's ability to wield and maintain proper control of his or her vehicle. If control is lost, St. Louis truck accidents happen. With over 4,350 large truck accidents a year, it is important to make sure truckers are not avoiding sleep to stay on the road.

In order to tame this problem, in 1937 the Federal Government began regulating the amount of hours truck drivers are allowed to work in one time span. Referred to as the hours-of-service regulations, the Interstate Commerce Commission required truck drivers to work on a 24-hour cycle, limiting a driver's maximum drive time to 10 hours and requiring the driver to stop after 10 and rest for at least 8. There was also a cap put on the maximum amount of drive time one could accrue over several consecutive days. Truckers were allowed to drive 60 hours over 7 consecutive days and 70 hours over 8.

Many debates regarding the appropriate time limits have taken place over the past 70 years; however, in 2005, new rules dramatically increased the maximum driving hours. Today, the Federal Motor Carrier Safety Administration (FMCSA), part of the United States Department of Transportation, is the agency in charge of enforcing the hours-of-service regulations. The new rules allow a truck driver an 11 hour daily driving limit and a 14 hour daily duty limit, thus providing the driver an extra hour of driving and 3 additional hours to be working during the day, as long as he or she is not driving during those 3 hours.

Continue reading "Trucking Hours-of-Service Regulations: Good Law Going Bad" »

Posted by John J. Page | Permalink | Email This Post

Posted In: Auto Accidents , Law & Information , Truck Accidents

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Drug and alcohol abuse play a major role in the number of automobile and truck accidents in Missouri and throughout the country every year. Because of this, truck companies are supposed to enforce a zero tolerance drug and alcohol policy for their truck drivers; however, accidents still occur while truck drivers are under the influence of one or both.

Commercial truck drivers can be under great deals of pressure and often have very strenuous schedules. These sorts of conditions can easily lead a trucker to employ controlled substances to assist him or her in fighting fatigue, the number one cause of St. Louis truck accidents as well as collisions across the nation. However, combating fatigue with drugs or alcohol is no solution. Using drugs or alcohol while driving a tractor trailer can lead to cloudy judgment and slower reflexes, both of which contribute to driver error.

In a study conducted by the National Transportation Safety Board, the Board concluded that one-third (33%) of all the truck drivers studied, who died in a highway accident had recently used drugs or alcohol, based upon the examination of their bodies after the accident. Of the one-third examined, cocaine, marijuana, alcohol and other various stimulants, including amphetamines, were discovered in their systems.

Continue reading "Trucker Drug and Alcohol Abuse: The Real Facts" »

Posted by John J. Page | Permalink | Email This Post

Posted In: Auto Accidents , Law & Information , Personal Injury , Truck Accidents

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