Missouri Injury Lawyer Blog

Last week, lawmakers passed the Consumer Product Safety Improvement Act of 2008 which is expected to be signed by the president.

The new law would subject all-terrain vehicles made in China to U.S.-industry rules. The measure would also give the Consumer Product Safety Commission more authority to regulate ATVs.

The St. Louis Post-Dispatch reports in “Chinese-made ATVs add threat to the unregulated industry,” 850 people are killed every year in ATV-related accidents. That means, on average, two people every day die as a result of an all-terrain vehicle.

The article written by reporter Bill Lambrecht points out that Chinese-made ATVs now account for about half of all ATV sales in the United States . The models made in China are often constructed with lower-quality metal and parts. Models made for children may be more powerful than those made in the U.S.

U.S. makers of ATVs supported the legislation, calling the Chinese models unsafe. But some consumer rights groups, citing the number of fatalities and injuries linked to ATVs, say that the measure doesn’t go far enough. It simply protects the economic interests of U.S. manufacturers without imposing greater regulation.

Rachel Weintraub, who is with the Consumer Federation of America, said:

“The legislation creates an equal playing field but not necessarily a safe playing field.”

As Weintraub notes, the playing field isn’t necessarily safe. Because of their inherently unstable design, ATVs, which sometimes weigh more than 700 pounds easily tip over or even roll. Add to this the frequent use of ATVs on uneven surfaces and the vehicles’ high-performance engines, capable of speeds topping 60 mph, and you can see why the numbers of ATV-related fatalities and injuries continue to grow.

As a result of dangerous designs and manufacturing defects, children and adults have suffered brain injuries, spinal cord injuries and amputations and have even been killed in ATV accidents.

If you or a loved one has been injured or a family member has been killed in an ATV accident, we urge you to contact The Lowe Law Firm. Our attorneys are experienced in helping people injured by dangerous all-terrain vehicles. We will seek compensation for medical expenses, future and other affected wages, disability and other related damages, pain and suffering.

The Lowe Law Firm will provide you with a free initial consultation. We can meet with you in our office, at the hospital, or in the privacy of your home.

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Posted In: ATV Accidents

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A Massachusetts jury awarded a 39-year-old mother $4.3 million after a non-board-certified doctor performed a heart procedure instead of the noted specialist she had retained, the Salem News reports.

Denyse Richter had a heart arrhythmia that required medication. In 2002, Richter saw Dr. Laurence Epstein, chief of arrhythmia service at Brigham & Women’s Hospital in Boston. Richter wanted to stop taking medication in order to have another child. For that to happen, she needed a procedure known as ablation which uses high-frequency radio waves to burn away abnormal cells that cause irregular heart beats. Epstein, a specialist noted for performing ablation, was the doctor she chose to perform the surgery.

After Richter was sedated and prepared for surgery, a different doctor, Kyoko Soejima, was sent in to perform the surgery. Although Soejima had recently completed a fellowship, he was not board certified to perform the surgery.

Richter alleged that she did not consent to switching surgeons. She also claimed that the surgeon continued with the procedure even though there were clear signs that her heart conduction would be blocked. Richter also alleged that the doctor who performed the surgery noticed the presence of another condition that meant she would still need to take medication.

Richter suffered permanent heart damage and had to have a pacemaker implanted.

She sued both doctors for medical malpractice and a Suffolk County Superior Court jury returned a $4.3 million verdict. With interest, the total award is approximately $6 million.

This case is about patients' rights. A noted specialist and a doctor who hasn’t even been board certified are not equals when it comes to expertise and experience. Patients don’t lightly undergo surgery and when they do, it is fair to expect the surgeon that they hired will be the surgeon who performs the operation.

The lawyers of The Lowe Law Firm are experienced in helping families injured by medical negligence. We will seek compensation for past and future medical expenses, past and future wages, pain and suffering, disability and other damages. We also represent family members in wrongful death cases.

We offer a free initial consultation. If you cannot make it to our office, we will come to you at the hospital or at your home.

Contact the lawyers at The Lowe Law Firm today by calling 877-678-3400.

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Posted In: Medical Malpractice

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A car crash killed three Missouri teens and the deaths may have been preventable; this maybe one of the worst thing that could happen to a parent. Three Missouri teens died after a crash Saturday in Morgan County.

The crash happened at 12:44 a.m. on Missouri 135, near state Route BB in Florence, according to the Missouri State Highway Patrol. Ashton drove off the right side of the road, then back onto the road before the truck overturned several times.

"The truck was beyond recognition," Hibdon said. None of the victims were wearing a seat belt, reports stated.

very time I read the paper about a automobile accident fatality in Missouri, Illinois or any other state I look to see it the deceased was wearing a seat belt. I know as a personal injury lawyer that modern cars are designed to have safety features for persons wearing seat belts. These safety features include front, side, and side curtain air bags, pillars designed to keep the roof from crushing in a roll over accident, and most of all wearing a seat belt will keep occupants from being ejected from cars.

Statistics in Missouri revealed that approximately 69 percent of the 1,096 people that died in Missouri car crashes last year were not wearing a seat belt. Based on an analysis of traffic accidents, anyone involved in a traffic accident has a 1 in 31 chance of dying if they were not wearing a seat belt, however, if the passenger was wearing a a seat belt the chance of dying decreases 1 chance in 1,300.
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As for the dividing line between genders, the study showed that 82 percent of women wear their seat belts while only 76 percent of men wear theirs. Teens and pickup truck drivers tend to wear their seat belts the least. Pickup truck drivers only wear theirs 66 percent of the time while only 61 percent of teens buckle up. Within past years, teens have been the group to be least likely to buckle up when either driving or being in a car at all.

On a better note, the numbers of people wearing their seat belts has gone up in general. Back in 1998, only about 60 percent of drivers did not wear their seat belts while the current number is number is up to 77 percent this year.

Source: MDOT. "Missouri Seatbelt Use Remains Below National Average." http://www.modot.org/newsandinfo/District0News.shtml?action=displaySSI&newsId=12984

Contact The Lowe Law Firm Missouri/Illinois auto accident lawyers online or by calling 877-678-3400.

Visit our Accident Information Center.

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In Illinois, Two separate accidents left three Illinois Department of Transportation workers dead and one severely injured.

According to the Associated Press, two contract workers died on the morning of June 11 while painting a bridge in a Chicago suburb. The two men were severely burned after their truck came in contact with a high-voltage power line. They were pronounced dead at the scene.

That same afternoon, two IDOT workers were struck by a motorist while they were picking up barricades along Interstate 57 at a construction site on Chicago’s far South Side. The workers were taken to the hospital where one later died. The motorist tried to flee the accident scene on foot but was caught.

According to IDOT, there are approximately 7,000 work zone accidents in Illinois every year resulting in 2,600 injuries and 33 deaths. Two of those deaths involve IDOT workers.

The lawyers of The Lowe Law Firm are experienced in helping people who have been hurt as a result of the negligence of another. We will seek compensation for past and future medical expenses, past and future wages, pain and suffering, disability and other damages. We also represent family members in wrongful death cases.

Contact the lawyers at The Lowe Law Firm today by calling 877-678-3400.

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Posted In: Traffic Safety

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Missouri, according to the Consumer Product Safety Commission, ranked ninth in the nation for all-terrain vehicle-related deaths in 2006.

The CPSC also reports that from 2003 to 2006, there were 146,600 ATV-related injuries across the U.S., 27 percent of which were kids under 16.

In “ATV accidents, complaints on the rise,” Jefferson County Suburban Journal reporter Sarah AuBuchon writes that once the weather warms up and school is out, emergency rooms see an increase in ATV riders with broken bones and head injuries.

Dr. Robert Beckman, an ER doctor at St. Anthony’s Medical Center, told the Suburban Journal that flip-overs are one of the most common causes of serious injuries.

“You have two opportunities for injury, the fall and then the ATV itself falling on you. People think ATVs are safe because they have four wheels, but they have a high center of gravity and flip over easily. If you’re going up a hill and they flip, you can fall 10 to 15 feet down a hill and then the thing lands on you. It’s like having a horse fall on top of you.”

If you or a loved one has been injured or a family member has been killed in an ATV accident, we urge you to contact The Lowe Law Firm. Our attorneys are experienced in helping people injured by dangerous all-terrain vehicles. We will seek compensation for medical expenses, future and other affected wages, disability and other related damages, pain and suffering.

The Lowe Law Firm will provide you with a free initial consultation. We can meet with you in our office, at the hospital, or in the privacy of your home.

Contact The Lowe Law Firm online or call 877-678-3400.

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A medical malpractice lawsuit maybe filed by the family of a college freshman who lost her arm as a result of a flesh-eating bacteria against the student medical center at Ohio University, reports the student-run newspaper The Post.

On Sept. 6, 2007, a pain in her right arm sent Molly Millsop to the Hudson Health Center. After diagnosing the journalism student with a sore throat and muscle strain, doctors sent her home.

An hour-and-a-half later, a tearful Millsop returned to the student health center. She was barely able to climb the steps and feared she’d pass out. This time, doctors said she was suffering from anxiety. They gave her Aleve and animal crackers before sending her home.

Later that day, Scott Millsop collected his daughter from the campus and drove her to O’Bleness Memorial Hospital. Doctors there diagnosed her with necrotizing fasciitis and had her airlifted to OSU Medical Center in Columbus. That night, Millsop’s arm was amputated and portions of her shoulder and collarbone were removed.

The sage is detailed in the article, “Hudson could face malpractice lawsuit,” written by senior campus writer Chris Kardish.

Millsop’s father claims that the Hudson Medical Center misdiagnosis wasted precious time. As a result, his daughter’s injuries were much more severe than they should have been.

As the article notes, Hudson Medical Center has been the subject of criticism in the past.

“A fall 2007 report by an independent consultant found Hudson significantly understaffed and warned that doctors who see too many cases risk ‘missing the extraordinary problem hidden amongst the ordinary ones.’

When Hudson opened in 1949 eight physicians served 5,600 students. Today, four physicians and two nurse practitioners serve more than 20,000 students.”

The lawyers of The Lowe Law Firm are experienced in helping families injured by medical negligence. We will seek compensation for past and future medical expenses, past and future wages, pain and suffering, disability and other damages. We also represent family members in wrongful death cases.

We offer a free initial consultation. If you cannot make it to our office, we will come to you at the hospital or at your home.

Contact the lawyers at The Lowe Law Firm today by calling 877-678-3400.

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As the weather heats up, all-terrain vehicle enthusiasts are taking to the trails. Unfortunately, some are getting hurt.

On Sunday evening, a 40-year-old man suffered a head injury when the four-wheel, all-terrain vehicle he was riding crashed, rolled and landed on a bed of rocks at the bottom of a hill. The accident occurred on a trail in Kansas City, Kan. KCTV-5 reports that the man was airlifted to the University of Kansas Medical Center where he remains in critical condition.

The news story doesn’t identify the make and model of the ATV involved in the accident. However, one four-wheel ATV model that has been responsible for countless injuries and deaths is the Yamaha Rhino.

Introduced in 2003, a driver and passenger sit side by side in this top-heavy ATV that rests on narrow tires, making it rollover-prone even at low speeds.

Compounding the danger is the absence of doors on the original model. Drivers and passengers have sustained broken legs, required leg amputations and even lost their lives because they tried to catch themselves as the ATV tipped over.

After the model was introduced to the market, Yamaha sent letters to owners, notifying them that sharp turns could cause the ATV to tip. The company also warned owners not to stick their legs out to stop a rollover. In 2007, Yamaha offered to retrofit all new and used Rhinos with doors and additional handholds. The 2008 models will come equipped with doors and grab handles. However, the modifications do not fix the design flaws that make the ATV top-heavy and prone to tipping over.

If you or a loved one has been injured or a family member has been killed in an ATV accident, we urge you to contact The Lowe Law Firm. Our attorneys are experienced in helping people injured by dangerous all-terrain vehicles. We will seek compensation for medical expenses, future and other affected wages, disability and other related damages, pain and suffering.

The Lowe Law Firm will provide you with a free initial consultation. We can meet with you in our office, at the hospital, or in the privacy of your home.

Contact The Lowe Law Firm online or call 877-678-3400.

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Posted In: ATV Accidents

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Two Missouri teens were killed last week and one was seriously injured while riding all-terrain vehicles, the St. Louis Post-Dispatch reports.

Yesterday, Zachary T. Barker, a 15-year-old from Potosi, died. He was a passenger on an ATV being driven by a 14-year-old. The ATV they were riding drove out of a ditch, onto the highway and into the patch of an oncoming car. The ATV was hit by the car and the boys were thrown 60 feet.

On Tuesday, the body of Daniel R. Dorsey, a 15-year-old from St. Charles, was found in a swollen creek. Dorsey had been riding an ATV and it is believed he crashed it in the creek.

Monday, 14-year-old Madeline Moreton of Wildwood was seriously injured when the ATV she was driving hit a tree.

According to the U.S. Consumer Product Safety Commission, the annual tally of accidents involving ATVs increased by nearly 180 percent between 1995 and 2004. Children younger than 16 years accounted for nearly a quarter of all ATV-related deaths and a third of ATV-related injuries, such as brain and spinal cord trauma.

Because of their inherently unstable design, these vehicles, which sometimes weigh more than 700 pounds easily tip over or even roll. Add to this the frequent use of ATVs on uneven surfaces and the vehicles’ high-performance engines, capable of speeds topping 60 mph, and you can see why the numbers of ATV-related fatalities and injuries continue to grow.

Now that schools are closing for the summer, it is likely that more teens will be riding ATVs. Survive the Ride, a coalition of hospital and helicopter workers who often treat ATV injuries, urges riders to wear helmets. Riders are also urged not to allow passengers on ATVs. In addition, only people over the age of 16 should be allowed to use adult-sized ATVs.

If you or a loved one has been injured or a family member has been killed in an ATV accident we urge you to contact The Lowe Law Firm. Our attorneys will find out whether the the manufacturer or someone else is responsible for the accident. If so, we will then seek for future and other related medical expenses, future and other affected wages, pain and suffering, disability and/or other related damages.

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In a medical malpractice lawsuit a woman claimed her doctor during a Caesarean section damaged her abdominal organs, caused pancreatic fluid and urine to burn through her abdominal wall and required the removal of her pancreas was awarded $17 million in a medical malpractice lawsuit, the Democrat and Chronicle reports.

In 2003, doctors at Strong Memorial Hospital in Rochester, N.Y., performed a c-section on Brenda Schenk. During the delivery, doctors allegedly cut the connection between her bladder and a transplanted pancreas she had received in 1995 to treat her diabetes.

The severed connection caused pancreatic fluid and urine to leak into her abdominal cavity, her lawyers alleged. Despite the complications, Schenk gave birth to a healthy baby girl. On Tuesday, a New York jury ordered the hospital to pay Schenk $17 million.

Surgical injuries are rare during C-sections and when they occur, they are usually the result of medical neglect. If you suffered an unusual injury to yourself or your child during labor or during a C-section you should seek legal advice as to whether it was the result of negligence. At the Lowe Law Firm we will have an OBGYN review the case to see if the injury was the result of unavoidable complications or negligence on the part of the doctor.

The lawyers of The Lowe Law Firm are experienced in helping families injured by medical negligence. We will seek compensation for past and future medical expenses, past and future wages, pain and suffering, disability and other damages. We also represent family members in wrongful death cases.

We offer a free initial consultation. If you cannot make it to our office, we will come to you at the hospital or at your home.

Contact the lawyers at The Lowe Law Firm today by calling 877-678-3400.

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Posted In: Medical Malpractice

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An Illinois mother who claimed that a doctor’s repeated and futile attempts to deliver her son using a vacuum extractor delayed a timely Cesarean section and led to her son’s brain damage has received a $15.35 million settlement.

The pregnant woman was admitted to Valley West Community Hospital in October 2001. The labor was uneventful until her doctor, a family practitioner, decided to use a Kiwi vacuum extractor. The doctor used the vacuum extractor 18 times over a 50 minute time period but was unable to deliver the baby. Another doctor finally performed an emergency c-section after a fetal monitor indicated that the baby was in distress. The child was born with cerebral palsy and mental retardation.

The mother sued the family practitioner alleging he was incompetent to use the vacuum extractor and that he should have stopped using the device after the first few unsuccessful attempts. The mother also alleged the nursing staff failed to speak out on her behalf when it became obvious the doctor could not competently use the device. Finally, it was claimed that the hospital did not exercise reasonable care in evaluating the doctor’s ability to use the vacuum extractor. The hospital was allegedly put on notice of the problem because it settled a medical malpractice claim against the same doctor in 1999 arising out of his use of a vacuum extractor and forceps.

The medical malpractice settlement is believed to be one of the largest ever in Illinois.

The lawyers of The Lowe Law Firm are experienced in helping people injured by medical malpractice. We will seek compensation for past and future medical expenses, past and future wages, pain and suffering, disability and other damages. We also represent family members in wrongful death cases.

We offer a free initial consultation for victims of medical malpractice. If you cannot make it to our office, we will come to you at the hospital or your home.

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The last stretch of median cable barriers designed to reduce cross-over accidents on Missouri’s busiest highways has been installed in Jefferson County.

To mark the occasion, the Missouri Department of Transportation has scheduled a ceremony in Herculaneum this afternoon.

The final 12-mile stretch of barriers was put in place on Interstate 55 between Barnhart and Festus. The project cost approximately $780,000. A nonprofit group, Citizens for Safe Medians, donated $55,000 for the project.

MoDOT officials hope that the barriers will improve commuter safety. According to the St. Louis Post-Dispatch, Illinois is now looking into expanding cable barriers along highways in the Metro East area.

The Illinois House unanimously passed a resolution asking the Illinois Department of Transportation to issue a report on the feasibility of expanding the barriers after two teenage sisters were killed on Interstate 64 in St. Clair County.

The sisters were killed when an Illinois state trooper traveling 126 mph crossed the median and crashed into their car.

If you or a loved one has been injured or a family member has been killed in a collision with a car or truck, we urge you to contact The Lowe Law Firm. Our attorneys will find out whether the other driver is responsible for the accident. If so, we will then seek compensation for future and other related medical expenses, future and other affected wages, pain and suffering, disability and/or other related damages.

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According to an announcement made by the U.S. Food and Drug Administration, Bayer’s clotting drug Trasylol will now only be available for investigational use.

To use Trasylol, a doctor must conclude that a heart surgery patient has a high risk for blood loss, no other medication will work and that the “benefits of the drug clearly outweighs the risks.”

The news was part of a May 14 statement in which the FDA also indicated that Bayer had agreed to pull the remaining stocks of Trasylol from the U.S. market.

Earlier that same day, the Bart study was published in the New England Journal of Medicine. The study concluded that heart surgery patients given Trasylol had a 53 percent higher chance of dying than patients given less expensive, comparable drugs.

Since 2006, three studies have linked Trasylol, also known as aprotinin, to an increased risk for kidney damage, stroke and death.

My law firm currently represents several Trasylol victims and their families in lawsuits against Bayer. The lawyers of The Lowe Law Firm are experienced in helping people injured by Trasylol. We will seek compensation for past and future medical expenses, past and future wages, pain and suffering, disability and other damages. We also represent family members in wrongful death cases.

We offer a free initial consultation for victims harmed pharmaceutical products. If you cannot make it to our office, we will come to you at the hospital or your home.

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Posted In: Drug Safety

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