Missouri Personal Injury Lawyer Blog

Following several congressional hearings and investigations led by federal officials amidst the recall of millions of vehicle models, Toyota remains firm in denying that any electronic flaw is the cause of throttle problems or unintended acceleration. According to a Los Angeles Times article, a March 8, 2010 presentation was held at Toyota’s operations center in Torrance, CA.

Apparently, five engineers have responded to a Southern Illinois University assistant professor’s findings which support that he can create an electrical flaw in Toyota vehicles without the vehicles’ diagnostic system picking it up. The article also mentions that if the assistant professor’s study is determined to be accurate, claims may be made by some Toyota consumers regarding incidents of unintended acceleration without a trouble code being initiated on the vehicles’ computers.

While Toyota engineers support the claim that the assistant professor’s tests are “an unrealistic manipulation,” the automaker has been asked by the House Oversight and Government Reform Committee to provide a company employee memo that may reveal safety risks being taken as a way to save the company money. While Toyota continues to defend itself against claims of electrical defect, there is no doubt that some Toyota motorists and passengers have experienced the consequences of sudden acceleration in injury and fatal auto accidents.

Continue reading "Toyota Denies Claims of Electronic Defect Causing Unintended Acceleration" »

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

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Based on a US News & World Report article, an incident of sudden acceleration due to a sticking gas pedal took place in Southern California on March 8, 2010. According to the report, the driver of the 2008 Toyota Prius dialed 911 to seek help because the gas pedal in his vehicle was stuck and he could not slow down from 94 mph.

Fortunately, this man was not injured and a California Highway Patrol (CHP) officer was able to assist him in slowing down the runaway Prius. The article points out that this process took approximately 20 minutes and that the CHP officer instructed the driver through loudspeaker to apply the brakes as well as the emergency brake. Once the vehicle was able to hit 50 mph, the motorist turned off his engine and the vehicle eventually came to a stop.

Although the article didn’t mention whether or not this man’s Prius had received a redesigned gas pedal or a new floor mat, recent speculation and academic studies from outside experts have pointed to electronic malfunction as the origin of Toyota throttle problems. The 2008 Prius involved in the above incident has been included only in the floor mat recall. After learning of the incident, Toyota sent a field technical specialist to provide assistance and investigate the report.

Continue reading "Toyota Prius Involved in Southern California Sudden Acceleration Incident" »

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Posted In: Auto Accidents , Personal Injury , Product Liability

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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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Consumers should be advised about a black box warning for Reglan and other metoclopramide-containing drugs that are used to treat gastrointestinal disorders. A black box warning is the strongest warning from the U.S. Food and Drug Administration (FDA), which means that the drug carries a risk of serious or life-threatening side effects. The black box warning for Reglan from the FDA highlights the risk of tardive dyskinesia, a neurological disorder that causes involuntary movements of the face and extremities.

Reglan works by increasing muscle contractions in the upper digestive tract. This speeds up the rate at which the stomach empties into the intestines. Reglan is also used short-term to treat heartburn caused by acid reflux in people who have used other medications without relief of symptoms. The drug is used in people with diabetes which can cause nausea, vomiting, heartburn, loss of appetite and a feeling of fullness after eating.

The Reglan black box warning states that patients using the medication as a long-term treatment for gastrointestinal disorders are at risk for tardive dyskinesia. Those who are at risk for this serious Reglan side effect are the elderly, particularly women who have been taking Reglan for extended periods of time. Tardive dyskinesia typically causes the following symptoms:

• Grimacing


• Lip smacking


• Rapid eye blinking


• Involuntary movements of the fingers, hands, arms, face, legs and shoulders


• Pursing of the lips


• Trouble breathing, swallowing talking or walking

The sad fact remains that these symptoms are almost irreversible since there is no known treatment for tardive dyskinesia. If you or a loved one has developed tardive dyskinesia after taking Reglan, please contact the skilled injury lawyers at Page Cagle for a free consultation and evaluation of your case. You may be able to seek compensation for your injuries and loss. Call our St. Louis product liability attorneys at 866-620-5757 today to find out how we can help.

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Posted In: Defective Drugs , 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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Five people sustained injuries in a Missouri auto accident. According to a news report in the Sedalia Democrat, the accident occurred as one driver who was northbound on Route 131 at Highway 50 failed to yield right-of-way to an eastbound vehicle. The injured parties included four adults and one infant. Thankfully, this incident did not involve any life-threatening injuries, according to the news report.

Failing to yield right-of-way is a common cause of Missouri auto accidents. We see this problem occur most commonly in accidents that take place at street intersections. Very often, these types of accidents will involve a driver who fails to yield right-of-way to another or a driver who runs a red light. Both of these circumstances are serious traffic violations under Missouri law. The driver who failed to yield right-of-way in such cases could be determined to be at fault for the accident and could be held liable for injuries, damages and losses suffered by the victims of a car accident. In such cases, victims could seek compensation to cover medical expenses, loss of wages, cost of surgery, physical therapy or other related damages.

Continue reading "Missouri Auto Accident Injures Five" »

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Posted In: Auto Accidents , Personal Injury

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According to a recent article from ozarksfirst.com, a school bus crash in Missouri left five people injured in El Dorado Springs. The collision occurred in the morning, just east of town, on northbound Highway 39. The bus was stopped in a designated school bus area to pick up passengers when a pick-up truck, driven by a student, struck the rear of the bus.

The Missouri Highway Patrol reported that the bus had its flashing lights on and stop arm extended. The driver of the truck was allegedly speeding and unable to stop the vehicle in time. Four students from the bus and the student driver were transported to the Cedar County Memorial Hospital for minor injuries. There were 16 total students on the bus at the time of the crash.

Continue reading "Five Injured in School Bus Crash" »

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Posted In: Auto Accidents , Bus Accident , Personal Injury

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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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A Rhode Island based-company, Daniele International, Inc., issued a recall late January due to a salmonella outbreak. The outbreak affected over 200 people in 42 different states, including Missouri. Over 1.25 million pounds of salami were recalled after the endemic continued to spread across state lines.

Officials determined that those who got sick all shopped at Costco (a Daniele salami supplier) prior to becoming ill. Researchers tested a sample of the Costco salami and it was positive for salmonella. Since salami does not usually contain the bacteria, investigators were led to believe that black pepper was the contaminating factor.

According to the CDC and the FDA, the levels of contamination for pepper and spices are generally low; however, black pepper is more likely to carry salmonella compared to other spices because it is sun-dried in order to retain its outer skins. The direct correlation between Daniele International and the salmonella outbreak is still under investigation; therefore, the company has not taken full responsibility for the outbreak.

Continue reading "Peppered Salami Causes Salmonella Outbreak " »

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Posted In: Foodborne Illness , Personal Injury , Product Liability

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According to a report, Honda, Japan’s second largest car manufacturer, extended its recall to 437,000 cars due to defective airbags. The initial recall was issued in 2008 and included 4,000 Accord and Civic sedans; it was later expanded in 2009 to include another 510,000 vehicles. The most recent recall mainly impacts the United States and Canada. However, 4,000 vehicles in Japan and 13,000 vehicles in Mexico, Taiwan, and Australia were also affected.

The recall was issued in order to replace the airbag inflator that can cause the airbag to overinflate, and according to the report, result "in metal fragments passing through the airbag cushion material and possibly causing injury or fatality to vehicle occupants." So far, the malfunction has been linked to eleven injuries and one fatality.

The cars that currently fall under the airbag recall include 2001 and 2002 model-year Accord, Civic, Odyssey, Pilot, CL, CR-V and 2002 Acura TL vehicles. The Japanese-only models that are included in the recall are Inspire, Saber and Lagreat. If Honda contacts you about the recall, you should contact an authorized dealership as soon as you receive your notification.

Continue reading "Honda Airbag Recall Extended to 437,000 Cars" »

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Posted In: Auto Accidents , Personal Injury , Product Liability

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An early morning house fire struck the South Side of St. Louis, Missouri on Saturday, February 6, 2010. A report states that the family of six was not aware of the fire when it began around 5 a.m. on the first floor of their three-story home. The 17-year-old son had been sleeping on the first floor when he awoke and discovered that furniture had caught on fire. He then alerted his family upstairs. The parents and two sons managed to escape safely through a third story window that had access to a flat area on the roof.

After escaping, the father made several attempts to re-enter the home to rescue his two daughters, who were trapped on the second floor. Due to heavy smoke and flames, he was unable to succeed. One of the trapped family members, a 13-year-old girl, was located near a window and was easily rescued once fire officials arrived at the scene. Unfortunately, firefighters were unable to reach the second daughter, who was 10-years-old.

The fire severely damaged the home, causing the roof to collapse the structure completely. The surviving family members were rushed to the hospital and treated for smoke inhalation and other minor injuries. The cause of the fire is undetermined.

Continue reading "Girl Dies in St. Louis House Fire" »

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Posted In: Personal Injury , Premises Liability , Wrongful Death

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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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Despite recent black box warnings on Levaquin, an antibiotic used to treat a variety of bacterial infections, many people are still suffering from its serious side effects. In West Virginia, three individuals who are plagued with severe tendon-related injuries filed separate lawsuits against Johnson and Johnson, Ortho-McNeil Pharmaceutical and Johnson and Johnson Pharmaceutical Research and Development.

Levaquin belongs to a group of antibiotics called fluoroquinolones that have been known to cause tendon injures. Studies suggest that fluoroquinolones can degrade tendon cells by causing apoptosis, or cell death. The damaged cells weaken and can then tear or rupture more easily. Many of the people who take Levaquin are 60 and older, the same group of people who are most at risk for tendon injury while taking the drug.

The three plaintiffs also contend that treatment for Levaquin side effects include corticosteroids – the same drug that greatly increases the risk of tendon rupture when combined with this antibiotic. The suit declares that the defendants did not properly highlight the drug’s tenotoxic effects in their marketing campaigns. Instead, Levaquin’s safety record and minor adverse side effects such as diarrhea and nausea where more prominently advertised while the severe warning of tendon rupture did not receive any special attention.

Continue reading "Three Victims File Lawsuit against Levaquin Manufacturers" »

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Posted In: Defective Drugs , Personal Injury , Product Liability

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Five students sustained injuries in a Missouri bus accident after their school bus was struck by a pickup truck. The Springfield News-Leader reports that the accident occurred on Missouri 39 in Cedar Springs just east of El Dorado Springs. The injured students ranged in age from 10 to18 years. The 17-year-old who was driving the pickup truck also sustained injuries. The pickup truck rear-ended the school bus, according to Missouri State Highway Patrol. The students were taken to a local hospital for treatment of their injuries.

The National Highway Traffic Safety Administration (NHTSA) reports that between 1996 and 2006, there were 96 school bus crashes nationwide in which at least one school bus occupant died. More than 50 percent of those crashes involved another vehicle. In the 41 single-vehicle crashes, 48 occupants, 14 drivers and 32 passengers died.

Continue reading "Missouri School Bus Crash Injures Six" »

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Posted In: Auto Accidents , Bus Accident , Personal Injury

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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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Medical negligence is a serious issue in Missouri. What is medical negligence? It could range from misdiagnosis to the failure to diagnose a disease or health condition. It includes errors made by doctors or surgeons during a surgical procedure. Botched surgeries or surgeons operating on the wrong side or the wrong part of the body may also be considered medical negligence. It could also include mistakes or negligence on the part of anesthesiologists, nursing staff and pharmacists whose actions put patients in jeopardy.

A recent news report talks about a lawsuit that was filed by the administrator of a deceased woman's estate claiming that doctors caused the woman's death by cutting through a valve in her heart while performing heart surgery. The lawsuit alleges that during a cardiac catheterization and stent placement procedure, two doctors punctured the woman's right iliac artery. She eventually died of complications from the surgery.

Continue reading "Medical Malpractice in Missouri" »

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Posted In: Medical Malpractice , Personal Injury

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West Missouri Beef LLC. is recalling about 14,000 pounds of fresh boneless beef products suspected of being contaminated with E. coli. According to a news report, the problem was discovered by the U.S. Department of Agriculture's Food Safety and Inspection Service. So far, federal officials have not received any reports of illnesses or fatalities as a result of this E. coli contaminated beef. The beef products involved in this recall were produced between October 2009 and January 2010.

E. coli is a potentially lethal bacterium. Its most common symptoms are bloody diarrhea, dehydration, nausea and vomiting. It most often affects young children, seniors and those with weakened immune systems. In some cases, victims can develop a serious condition called Hemolytic Uremic Syndrome (HUS), which may cause life-threatening kidney failure. The USDA advises consumers to use caution when they prepare raw meat products. Only consume ground beef or beef patties that have been cooked to an internal temperature of 160 degrees Fahrenheit. The only way to be sure that the beef is cooked to a high enough temperature to kill these harmful bacteria is to use a food thermometer to measure the internal temperature.

Continue reading "Missouri Firm Recalls Beef Products for E. coli Contamination" »

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Posted In: Foodborne Illness , Personal Injury , Product Liability

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An 18-year-old driver who tried to pass on a curve died in a head-on crash January 10, 2010 - and three people in the car that he hit were seriously hurt. The Union youth was fatally injured in the crash on Highway 50 at about 7:30 p.m. Sunday. The crash site is about a mile west of Route EE in Franklin County. The Missouri Highway Patrol said the victim was driving west on Highway 50 when he crossed the center line to pass another vehicle on a curve. He then hit an oncoming car head-on.

Three people in the oncoming car were seriously hurt. The passengers were not wearing seatbelts and were airlifted to nearby hospitals. The driver who caused the accident had not been wearing a seatbelt and was pronounced dead at the scene.

According to the Missouri State Highway Patrol, one person dies every nine hours in a car accident in Missouri. The best way to avoid serious injury is to buckle up. Violators may be subject to a fine and court costs for not properly using seat belts.

Continue reading "Teen Driver Dies after Trying to Pass On a Curve" »

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Posted In: Auto Accidents , Personal Injury , Wrongful Death

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On December 23, four people in North Carolina filed lawsuits against Salix Pharmaceuticals for its product OsmoPrep, a prescription oral sodium phosphate commonly used for bowel cleansing in preparation for colonoscopy examinations. As a result of taking the drug, the plaintiffs suffer from acute phosphate nephropathy, a form of severe kidney damage that causes the patient to develop calcium-phosphate crystalline deposits in the renal tubules. They allege that the manufacturer did not adequately warn people about the serious and possibly life-threatening risks of kidney damage from OsmoPrep’s side effects.

In 2008, the FDA added a black box warning to OsmoPrep and Visicol, another oral sodium phosphate. The FDA also indicated that kidney injury could occur within several hours of use or anytime up to 21 days after taking OsmoPrep. This drug has been commonly marketed as an easy alternative to other methods of colon cleansing such as drinking a large quantity of a bowel cleansing liquid. In contrast, OsmoPrep is taken in pill form and uses two sodium phosphates to draw water into the bowls.

Continue reading "Four New Lawsuits Filed against OsmoPrep for Causing Kidney Damage" »

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Posted In: Defective Drugs , 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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The U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) announced on behalf of Kraft Foods Global, Inc. that the company will be recalling about 8,000 pounds of frozen pepperoni and sausage pizza products because of an undeclared allergen of soy protein concentrate. The company discovered the defect; and has not sent any reports to the FSIS indicating adverse reactions due to consumption of the product. The recall will take place at retail establishments in 17 states, including Missouri.

The products being recalled are any product with the “JACK’S” back label, specifically 17.2-ounce packages of “Kraft, Jack’s Original, Sausage & Pepperoni Pizza made with pork, chicken & beef.” The product may also include this label: “Tombstone Original 12 Pepperoni Pizza.”

When a product is defective, the responsibility of any damaging effects on consumers could be in the hands of the companies that manufacture, sell or distribute the damaged product.

Continue reading "Kraft Foods Recalls Allergen-Causing Food Items" »

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Posted In: 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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Early Thursday morning, a male gunman attacked a transformer manufacturing company in St. Louis, leaving three dead and five others wounded. Local reports indicate that three of the injured people are in critical condition. Police estimate that 40 to 50 workers were on the premises during the time of the shooting, many of whom were hiding in offices or on the roof. The suspected shooter, armed with a handgun and assault rifle, apparently opened fire in the parking lot before storming the factory. He committed suicide by shooting himself shortly after the ambush.

The accused was also involved in a legal dispute with the company against the administrators’ management of employee retirement funds filed in 2006. He and several co-workers were part of a group of ABB employees who felt that their retirement accounts included excessive fees and expenses for investment options. The trial on this matter began Tuesday in Kansas City, Missouri.

Company owners and manufacturers have a responsibility to protect all employees on the premises. This includes maintaining proper working conditions, fire and hazardous materials safety, and adequate security.

Continue reading "Gunman Kills Three, Injures Five at St. Louis Factory" »

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Posted In: Personal Injury , Premises Liability , Workers Compensation , Wrongful Death

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Two women were injured Friday November 20, 2009 when the car they were riding in overturned after sliding off the road, according to the Missouri Highway Patrol. The driver of the vehicle swerved to avoid hitting an animal. Both injured women were passengers; one sustained serious injuries, while the other suffered minor injuries. The driver of the vehicle was unharmed. The highway patrol reported that none of the women were wearing a seatbelt.

According to the Missouri State Highway Patrol, an unbelted occupant of a 30 mph crash hits the windshield with the same force as a fall from a three story building. Passengers have died in crashes as slow as 12 mph. The effectiveness of an airbag system is reduced by 40% when the seatbelts are not used. Nationally, car crashes kill 5 people every hour, and in Missouri, one person dies every nine hours in a car accident. The best way to avoid serious injury is to buckle up. Violators may be subject to a fine and court costs for not properly using seat belts.

Continue reading "Two Women Hospitalized after Car Overturns on Polk County Road" »

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A 39-year-old Newark woman has filed a lawsuit against Bayer Corporation, blaming its popular birth control product Yaz for causing her stroke and other related health issues. The mother of 3-year-old twin girls took the prescription-only product for four weeks in the summer of 2008. She then suffered a stroke that caused her to be hospitalized for six months.

The lawsuit was filed in the U.S. District Court in San Francisco. The complainant had been taking the pills to help reduce premenstrual pains — which is one of the advertised uses of Yaz. While hospitalized, the woman needed to have part of her skull temporarily removed because of excessive swelling in her brain. That portion of skull was later replaced. As a result of the stroke and related illness, she also suffered a diminished IQ and is now borderline mentally handicapped. She has also experienced a change in her mood and speech. The suit attributes the woman’s health problems to Yaz.

As the No. 1 selling birth control in the world, Yaz has been at the center of much criticism in recent years. The Food and Drug Administration has criticized the makers of Yaz three times in recent years regarding the company's advertising campaign, the suit said.

Continue reading "Newark Woman Sues Bayer over Yaz" »

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A Warsaw man was injured in an accident on November 11, 2009 when the motorcycle he was riding crashed as he tried to avoid hitting a deer. The highway patrol reported that the 57-year-old man was riding westbound on Route BB at Hidden Valley Road when he swerved suddenly to dodge a deer in his path. His motorcycle went into a skid, overturned and slid off the roadway. The victim was airlifted to University Hospital in Columbia with serious injuries. Charges are pending in the crash investigation.

Unfortunately, motorcyclists are extremely vulnerable on the road and accidents happen all too frequently. Most often, motorcycle accidents involve drivers of other vehicles, but single-vehicle crashes are not uncommon. Whatever the situation, the best course of action is to contact a personal injury attorney who can assess the circumstances and help the victim navigate through the legal system.

Continue reading "Warsaw Man Injured on Motorcycle Due to Deer on Route BB" »

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Posted In: Auto Accidents , Motorcycle Accidents , Personal Injury

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Four people were killed and four others were injured in a crash that occurred on a snow-covered Missouri highway. According to a report in the News Tribune, the fatal car crash occurred near Smithton when a car that was westbound on the U.S. 50 crossed the centerline, spun counterclockwise and struck the rear of a pickup truck. The car then skidded and crashed into another eastbound vehicle. Missouri Highway Patrol officials said the 32-year-old driver of the westbound car and three of her passengers died. Three children, including two in the westbound car, were taken to hospitals for treatment of serious injuries. Another 33-year-old woman was also hospitalized with injuries.

A number of tragic Missouri car accidents can be avoided if drivers would only slow down during winter weather when snow or ice is on the roadway. The best thing to do in bad weather is to avoid driving. Bur if you cannot, it would be in your best interest to take necessary precautions such as slowing down and maintaining adequate distance between vehicles. If you have been injured or have lost loved ones as a result of another driver's recklessness or negligence, you could file a personal injury claim or wrongful death claim.

Continue reading "Four Killed, Four Injured in Missouri Auto Accident" »

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E. coli-tainted beef produced by an Oklahoma company has sickened 21 people in 16 states, which could possibly include Missouri. According to a news report in the Washington Post, this is a potentially lethal strain of E. coli bacteria. This food-borne illness outbreak caused National Steak and Poultry to recall about 248,000 pounds of beef from steaks to sirloin tips that were packaged and shipped to restaurants, hotels and institutions all over the country. This recall is being categorized as a "Class I" or "high health risk" by the U.S. Department of Agriculture.

E. coli infections typically cause abdominal cramping, vomiting and diarrhea that may contain blood. Young children and the elderly are at the highest risk for becoming infected with E. coli and developing Hemolytic Uremic Syndrome (HUS), which can lead to serious kidney damage or even death. USDA officials say that this particular E. coli contamination occurred as a result of tainted beef used for chopped steak that was mixed with other products in the plant. An investigation is ongoing.

Continue reading "E. Coli Tainted Beef Causes Illnesses in 16 States" »

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Posted In: Foodborne Illness , Personal Injury , Product Liability

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When a southwestern Missouri couple bought their dream home near Mount St. Helen, Washington, they never imagined they’d end up losing everything. The seller and real estate agent neglected to disclose that the house had once been a meth lab. The couple found out from folks in town that there had been a drug operation and a drug bust two years prior. Meth making chemicals had permeated virtually every surface of the house. The occupants of the house had been arrested and the landlord put the property up for sale.

The couple was afflicted with rashes, insomnia, mood swings and called the health department. The property and all the contents within it were condemned. A four year legal nightmare ensued, their credit rating was destroyed, and they lost all their family heirlooms. The husband was subsequently diagnosed with kidney cancer.

Eventually, the Washington courts ruled in their favor and the seller was required to purchase the property back and pay off the mortgage. The couple has since returned to Missouri where they rent a home near Springfield.

Continue reading "Missouri Family Wages Four Year Legal Battle Over Undisclosed Meth Lab" »

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Many of us take prescription drugs because we believe they will make us feel better or help us recover from our illnesses. And make no mistake – many prescription drugs do make us better. Modern medicine has progressed by leaps and bounds helping us prevent illness or the spread of infectious diseases. Almost all drugs have some type of side effect, but in most cases, those side effects are minimal and will disappear once the patient stops using the drug. However, there are some prescription drugs that cause dangerous side effects, which could result in severe complications or even death.

Levaquin is one such drug and has been known to cause serious complications and side effects. The dangerous drug Levaquin is manufactured by the company Ortho-McNeil-Janssen Pharmaceuticals. It is basically a synthetic drug agent, which is used to treat severe bacterial infections. Levaquin is in the fluoroquinolone class of anti-infectives. The U.S. Food and Drug Administration gave its stamp of approval to Levaquin in 1996. The company made more than $1.6 billion in Levaquin sales.

Continue reading "Missouri Pharmaceutical Liability Lawyers Concerned about Deadly Levaquin Side Effects" »

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In December 2008, the FDA issued a warning against C.B. Fleet Company and its over-the-counter oral sodium phosphate (OSP) laxative, Fleet Phospho-soda. The laxative had been marketed as safe for double doses for colonoscopy bowel preps. However, higher doses of the product have been linked to acute phosphate nephropathy, a form of acute kidney injury, and various other side effects. Although it is rare, acute phosphate nephropathy includes calcium-phosphate crystalline deposits in the renal tubules and could lead to renal failure, dialysis, kidney transplant or death.

Visicol and OsmoPrep, the only two prescription OSPs, also carry some severe side effects such as kidney injury, rectal bleeding or chafing, seizures and arrhythmia, disorders affecting rhythmic heartbeat. They are often prescribed to patients as a bowel cleanser before colonoscopy, x-ray or surgery.

Continue reading "Colonoscopy Laxatives May Cause Severe Kidney Injury" »

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Wyeth and Schwarz Pharma, the manufacturers of Reglan, won a recent case regarding a woman in West Virginia who developed tardive dyskinesia and other side effects from taking a generic version of the drug. The woman accused Wyeth and Schwarz Pharma of manufacturing the drug that caused her condition. The company was exempt from liability given that a different manufacturer produced the generic drug the woman was taking. The woman alleged that she was prescribed the Pharma version of the drug, but given a generic version by her pharmacy. It is unknown whether or not the woman will pursue the lawsuit with the manufacturers of the generic drug.

Reglan, also known as Metoclopramide, is used to treat heartburn, acid reflux and Gastro-Esophageal Reflux Disease (GERD). Studies have shown that 27-29 percent of long-term users of Reglan develop tardive dyskinesia; an untreatable condition characterized by involuntary, repetitive and purposeless movements such as rapid blinking, arm and leg jerking, and lip smacking. The syndrome is often devastating and permanent, affecting victims’ emotions, social interaction, mental state and vocation.

Continue reading "Woman with Tardive Dyskinesia Loses Case against Reglan" »

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PAGER, a nonprofit organization that provides information and support to parents, patients and doctors, is looking into dangerous side effects caused by the commonly prescribed gastrointestinal drug, Reglan. This is a very common medication prescribed by doctors to improve the muscle tone of the esophagus and intestines. It is also often used to treat heartburn and acid reflux in adults and children. However, earlier this year the U.S. Food and Drug Administration issued a "Black Box Warning," the most severe kind of warning, for Reglan because of an overwhelming number of adverse reaction reports filed.

PAGER (short for Pediatric Adolescent Gastroesophageal Reflux association) officials say they have been hearing complaints about Reglan since 1995. Several parents reported that their children experienced "unusual facial and neck movements" and very often, those movements did not go away when the drug was discontinued.

Continue reading "GI Drug Reglan Could Cause Irreversible Side Effects" »

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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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In learning that a handful of patients with pre-existing kidney problems developed a serious condition called Nephrogenic Systemic Fibrosis (NSF), the FDA issued a letter of warning in 2006 informing healthcare professionals about the addition of a boxed warning for Gadolinium-based contrast agents, commonly used in MRIs (magnetic resonance imaging). The FDA announcement also included new warnings about the danger of NSF.

Previously referred to as Nephrogenic Fibrosing Dermopathy, NSF is a skin condition that, although currently under peer review, occurs only in individuals with kidney disease. The reason for this is that gadolinium (a heavy metal ion) is capable of staying in a person’s system unless the kidneys are able to get rid of it.

The International Center for Nephrogenic Systemic Fibrosis Research defines the condition as large areas of solidified or hardened skin. An affected area may contain raised papules, plaques, or confluent papules, which may raise skin deposits of mucous or display pigmentary variation. As a consequence of NSF, some patients lose the ability to entirely extend the joints of their feet, arms, legs, and hands, and may not be able to walk.

Continue reading "FDA Reveals Risk of NSF from Gadolinium-FDA Reveals Risk of NSF from Gadolinium" »

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Posted In: Defective Drugs , Personal Injury , Product Liability

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The holiday season includes overeating, celebrations and, often times, heartburn. Many people turn to over-the-counter medications and prescriptions to relieve heartburn caused by gastro-esophageal reflux disease (GERD) and other gastrointestinal pains. However, one such product has been reported to create a more severe problem for patients.

Long-term use of Reglan has been linked with tardive dyskinesia, an incurable condition that involves involuntary repetitive movements. The symptoms of the condition include twitching, blinking, sudden jerks and other purposeless movements. There is no treatment for the condition or its symptoms, which are seldom reversible. Unfortunately, patients who develop symptoms of tardive dyskinesia from Reglan use may retain the condition for the rest of their lives even if they have stopped using the drug.

The FDA has approved Reglan for short-term use (4-12 weeks), yet 30% of patients are prescribed the drug for 12 months or longer. Studies have shown that close to 29% of patients using Reglan long-term develop tardive dyskinesia, which is contrary to the warning labels that indicate the occurrence is possible but rare.

Continue reading "Long-Term Use of Reglan Linked to Twitching Condition" »

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It is very common and routine for doctors to request a colonoscopy for patients aged 50 and older. However, the drugs often prescribed to cleanse the bowels before the procedure can have severe side effects.

OsmoPrep and Visicol are the only two prescription oral sodium phosphate (OSP) laxatives used for bowel cleansing before colonoscopies, x-rays and surgeries. These products have been known to cause the following:

• Irregular heartbeat


• Acute phosphate nephropathy (kidney damage)


• Renal failure


• Seizures


• Rectal bleeding


• Chafing

Some of the above side effects may cause permanent damage or death if left untreated.
In 2008, the FDA required manufacturers to add boxed warning labels to these products and to conduct further research on the benefits and risks of OSPs. The FDA also issued a warning to the makers of Fleet Phospho-soda for the defective product, later causing the company to recall the over-the-counter OSP.

Continue reading "OsmoPrep Side Effects and Risks" »

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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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In 2005, the FDA released a warning on the drug Paxil indicating that the drug increased risks of birth defects when taken during the first three months of pregnancy. Paxil is a selective serotonin reuptake inhibitor (SSRI) given to patients to relieve depression. Other SSRIs included in the report were Celexa, Fluvoxamine, Lexapro, Prozac, Symbyax and Zoloft.

Mothers who had been taking Paxil or other SSRIs after the 20th week of pregnancy were six times more likely to give birth to babies with persistent pulmonary hypertension (PPHN) than pregnant mothers who did not take antidepressants. PPHN is a severe but rare disease that is characterized by abnormal blood flow leading to a lack of oxygen to the baby’s heart and lungs. The condition can be fatal to babies and may cause permanent neurologic damage to survivors.

Continue reading "Paxil Warning: May Cause Serious Birth Defects if Taken While Pregnant" »

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A woman was killed and a child injured at a private railroad crossing in Webster County, Missouri. According to an article in the Kansas City Star, the Captain of the Southern County Fire Protection District said that the train’s engineer had seen the truck and tried to stop.

Two other children were in the truck bed but had jumped out of the vehicle before the crash. The 33-year-old woman, pronounced dead at the scene, had picked up the children from school and was on her way home. Her eight-year-old daughter sustained serious injuries and was air lifted to Springfield hospital.

The Missouri Department of Transportation reports that every two hours, a train hits a vehicle or pedestrian in the U.S. Another terrifying statistic is that you are 20 times more likely to die in a vehicle-train accident than a two-car crash.

Continue reading "Missouri Train Accident Kills One, Injures Another" »

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Posted In: Auto Accidents , Personal Injury , Train Accidents , Wrongful Death

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In today’s world, many of us rely on doctor’s advice and medications to heal us and make us feel better. Still, it is important to keep yourself well informed on any medications that you are taking in order to prevent serious damage.

Levaquin and Cipro are two such medications that have harmful and often irreparable effects. These drugs are antibiotics classified under the flouroquinolone family and often prescribed for serious bacterial infections. Cipro gained publicity in 2001 for being the most common treatment for anthrax attacks.

The two most common symptoms of flouroquinolone antibiotics are tendon rupture and Toxic Epidermal Necrolysis (TEN), a painful skin disorder also known as erythema multiforme. Other symptoms include vision damage, hearing loss, insomnia, anxiety, organ disorders, suicidal thoughts or actions, tendonitis, joint and muscle damage, and gastrointestinal damage.

Levaquin and Cipro side effects are also compounded when taken in combination with corticosteroids and non-steroidal anti-inflammatory drugs (NSAIDs) such as Aleve, Advil and Motrin. Unfortunately corticosteroids and NSAIDs are often prescribed or taken to treat symptoms of TEN.

Continue reading "Dangerous and Permanent Side Effects of Levaquin and Cipro Antibiotics" »

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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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Patients undergo MRIs (magnetic resonance imaging) for various reasons. Whether it’s to discover an injury that an X-ray cannot detect, or to determine the presence of cancer, MRIs are frequently used. When undergoing an MRI, technicians and physicians will turn to a contrast agent, such as Gadolinium, to help alter the images of the area being screened to improve its quality in the results.

These Gadolinium contrast agents are injected into the patients’ bloodstream prior to the MRI scan so that the MRI computer can make an accurate distinction between abnormal and normal tissue. However, once researchers discovered in 2006 that Gadolinium use directly caused nephrogenic systemic fibrosis (NSF) in patients with pre-existing kidney problems, the Food and Drug Administration (FDA) issued an official warning. It is no surprise then, that some patients have become mistrustful of MRIs.

Continue reading "Gadolinium-Based Contrast Agents in MRIs Connected to Nephrogenic Systemic Fibrosis" »

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Two semi trucks collided on the shoulder of Interstate 57. A 45-year-old man driving a semi truck hit a parked truck when he lost control of the vehicle and ran onto the shoulder of the highway. The other driver, a 24-year-old man, was in the second vehicle. The two trucks were carrying cargo of butter and lumber. The collision caused one truck’s fuel tank to split open, igniting the cab while the other truck’s trailer spilled sticks of butter on the highway.

The local fire department managed to keep the flames from burning all the cargo. Police and cleanup crew spent two days cleaning the butter spilt onto the interstate. The at-fault driver reportedly ran off the road upon spilling his coffee. Both drivers were hospitalized for serious injuries.

Continue reading "Two Semi Trucks Crash, Spilling Butter All Over Interstate 57" »

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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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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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The U.S. Food and Drug Administration (FDA) recently put out an alert about two prescription drugs used to cleanse the bowel before a colonoscopy that may cause kidney damage. According to a Health Day news report, the oral sodium phosphate products Visicol and OsmoPrep could cause acute phosphate nephropathy, in other words, severe kidney damage. The FDA has apparently received reports of 20 unique cases of kidney damage associated with the use of OsmoPrep. The onset of kidney injury in these cases varied, occurring in some patients within several hours of using these drugs, and in other cases, up to 21 days after use. A number of patients routinely take oral sodium phosphate products – either prescription or over-the-counter – to clean the intestines prior to a colonoscopy or other medical procedures.

In 2006, the FDA put out an alert saying that sodium phosphates should be used with caution. Now the federal agency is saying that oral sodium phosphate products should not be used by patients under the age of 18 or in combination with other laxatives containing sodium phosphate. Those at risk also include patients 55 years of age or older; people who suffer from dehydration, kidney disease, acute colitis or delayed bowel emptying; and those taking medication for kidney function such as diuretics.

Continue reading "Oral Sodium Phosphates Linked to Kidney Damage" »

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A 19 year-old man from Hughesville plead guilty to a single count of involuntary manslaughter and causing a two-car crash on Interstate 70 near Lee’s Summit Road in Missouri last January. The accused, driving a red 2005 BMW M3, hit the right rear of the deceased’s silver 2001 Ford F-150. The collision spun the truck out of control, causing it to veer right and roll several times. The male victim, age 50, was ejected from the truck and died two hours later from head injuries and internal bleeding at a hospital. Witnesses told Missouri police that the alleged was racing another vehicle, cutting in and out of traffic, and reaching speeds up to 100 mph.

Reckless driving poses a threat to all motorists and pedestrians, causing accidents, injuries and, in this case, death. Careless driving is indicative of negligence and the guilty party is responsible for all damages and costs relating to the accident. Over 40,000 people are killed in an estimated five million car accidents each year. Many of these accidents involve teens.

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A 38-year-old woman sustained major injuries in a Missouri car accident after her vehicle was rear-ended at an intersection, according to the Missouri State Highway Patrol's Web site. Officials said that the woman's 1983 Ford Fairmont stopped to make a left turn at an intersection when she was struck from behind by a 2002 Ford F-250 pickup truck. The Ford Fairmont then crossed over the center line because of the crash impact and was struck by a 2002 Jeep Wrangler. The woman was transported to a local hospital with serious injuries. No other injuries were reported.

In any incident where injuries are caused by someone else's negligence, an injured victim may qualify to seek compensation to cover medical expenses, loss of wages, cost of hospitalization, physical therapy and even costs of long-term care if catastrophic injuries are involved. Car accidents often occur because of someone else's negligence. In some cases, drivers are under the influence of alcohol or drugs, distracted, or driving recklessly.

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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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Two people sustained injuries in a car accident on the Highway 70 after the driver of a Toyota Camry lost control and struck a Chevy Suburban that was pulling a boat. According to a news report, the driver of the Camry lost control and hit the boat that detached from the Suburban. The sport utility vehicle overturned. The driver of the Suburban was airlifted to an area hospital with severe injuries. A passenger in the Suburban was also taken to the hospital with less traumatic injuries. The driver of the Camry fled the scene, but was apprehended shortly after the crash, Missouri State Highway Patrol officials said.

Hit-and-run or leaving the scene of an accident is a serious crime under Missouri law. Missouri Revised Code Section 577.060 states: "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."

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Paxil, or paroxetine, is an antidepressant that has been known to cause severe birth defects if taken during pregnancy. The FDA classifies Paxil as a Category D medicine, indicating the level of risk to unborn children. Category D medicines can be given to pregnant women, if the benefits of the drug outweigh the possible risks to the fetus. In the case of Paxil, if a woman is unresponsive to other antidepressants and suffers acute depression, the drug may be prescribed.

Still Paxil poses a prominent risk to babies if mothers take the drug during pregnancy. If taken in early pregnancy, the drug denotes possible heart problems to the fetus and mother ranging from mild to severe and may require surgery. Paxil is also known to cause persistent pulmonary hypertension (PPHN), a condition that affects newborns’ circulation and breathing patterns, preventing oxygen from the heart and lungs. PPHN can be fatal or cause permanent damage to the baby. Paxil can be found in breast milk and can be harmful to feeding babies.

Continue reading "FDA Classifies Paxil as a Category D Medicine" »

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Posted In: Birth Defects , Defective Drugs , 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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A 20-year-old man from O’Fallon, Missouri was killed in a head on collision with a tractor trailer. The crash occurred westbound on Highway 40 near Barat Haven, shutting down the road for several hours. Police suspect the man had been driving under the influence of alcohol and are waiting for toxicology test results.

The man was driving a 2000 silver Infiniti east at 3 a.m. head on against westbound traffic before striking a tractor trailer, driven by a 48-year-old man from Kansas City. The collision caused an explosion that melted the cab and part of the trailer. The young driver died 40 minutes later at St. John’s Mercy Medical Center in Creve Coeur. The truck driver was not hurt.

The National Highway Traffic Safety Administration’s 2007 Assessment of Alcohol-Impaired Fatalities reports that the age group with the highest risk of alcohol-related traffic accident fatalities is 25-34. The age group 45-64 was the only one reported to have an increase in fatalities from 2006 to 2007. Missouri alcohol-related fatalities account for 30-34% of all statewide traffic accident fatalities.

Continue reading "Man Killed Driving Eastbound on Westbound Highway" »

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Bayer says that a study by Swissmedic, the Swiss medical authority, released recently in German, shows that the risk of potentially fatal embolisms, or clots, is about the same for its Yaz brand contraceptives as it is with other birth control pills. According to a report on Bnet, Bayer has provided an incomplete translation of Swissmedic's study, which may not provide the complete picture. This study is being looked at with great interest by attorneys who have filed pharmaceutical liability lawsuits on behalf of personal injury victims who have suffered greatly as a result of taking Yaz. So far, about 130 Yaz lawsuits have been filed. These lawsuits basically allege that Bayer's use of drospirenone, the active ingredient in the pill, increases risks of blood clots, which can result in heart attacks and strokes.

Swissmedic began investigating all birth control pills after a 16-year-old was disabled by a lung embolism after she took Yaz. Reportedly, there have been nine deaths connected with the use of oral contraceptives in Switzerland since 1990. Bayer launched Yaz, a lower-dose version of Bayer's contraceptive Yasmin, last year in Europe where it was expected to generate peak annual sales in the low triple-digit millions of Euros within five years. Bayer's contraceptives, Yasmin, Yaz and Yasminelle, were the pharmaceutical company's best selling products last year, generating sales of 1.2 billion Euros in 2008 alone.

Continue reading "Swiss Medical Authority Investigates Yaz Drug Side Effects" »

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Posted In: Defective Drugs , Personal Injury , Product Liability

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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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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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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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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" »

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Posted In: Auto Accidents , Motorcycle Accidents , Personal Injury

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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" »

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