The Post-Dispatch article describes a new system in which all items used in surgery -- including gauze, sponges, and instruments -- are implanted with an RF seed that can be detected with a scanning wand. At the conclusion of surgery, before closing the patient up, hospital staff can wave the scanning wand over the patient to find out if any surgical items have inadvertently been left inside the patient's body. If so, the wand beeps an alert and the staff members have to find the missing item before they can complete the operation. This method adds a cost of about $15 per surgery, but it provides a firewall against retained objects that other methods lack. For example, nurses count all surgical items before closing up a patient to ensure that no items were left inside the patient's body. But according to Kim Stache, the administrative director of surgical services at the Naperville, Ill., Edward Hospital, in the large majority of cases of sponges being left inside patients, nurses' counts showed that all surgical items had been accounted for. The retained objects in these cases would go unnoticed until the patient began experiencing complications.

Edward Hospital is one of over 100 hospitals currently using the RF system. Among these hospitals, there have been no cases of retained objects over the past two years. As a southern Illinois medical malpractice attorney, I am glad to know that some hospitals are choosing to take extra precautions against retained objects. Surgical errors such as retained objects have serious consequences for patients, who may suffer debilitating pain and infections for years. A hospital staff's surgical error may result in a patient's having countless medical appointments and high medical costs, which may not be covered by health insurance, to treat the problems caused by retained objects or other negligence.

The St. Louis medical malpractice lawyers at Carey, Danis & Lowe help victims of surgical errors and health care provider negligence to recover these costs from those who caused them. We can help victims claim all of their costs, including lost income from not working and all future medical costs. Victims may also claim damages for personal losses, such as a permanent disability or the loss of a loved one.

Carey, Danis & Lowe offers free, confidential case evaluations to all potential clients. To set one up, please contact us through our site or call 1-877-678-3400 today.

Morris spent six years in the Air Force, including time in Iraq, after finishing high school in Quincy in 2002. Last October, he was living in Mascoutah and attending community college in St. Louis when the accident happened. He had just dropped his girlfriend off at her car and was following her home when the other driver crossed the center lane. He doesn’t remember the accident, but emergency workers had to airlift him to St. Louis University Hospital, where his parents kept a vigil by his bedside. He awoke in mid-November and was discharged in January, after he showed hospital staff that he could cross the room using a walker. Now, he’s continuing his recovery from his father’s house in Quincy, where he’s taking speech and physical therapy sessions. He’s still determined to finish school and meet his obligations as part of the Air Force Reserves. In fact, he drove for the first time since the accident in late February.

As a St. Louis car crash attorney, I suspect that the coma and the speech therapy mean Morris sustained injuries beyond the broken bones. That makes it all the more impressive that this young man is working so hard to overcome his injuries and live his life. I frequently work with auto accident victims with injuries like these, or worse. Like Morris, they have months or even years of work to do in order to relearn tasks of daily life, like walking or holding a toothbrush. Sometimes, they have injuries they can’t ever fully recover from, such as paralysis from spinal damage or permanent damage to the brain. These are physically and emotionally devastating injuries, and it’s not hard to imagine that victims might sink into depression instead of fighting to regain their abilities.

The column says Dotson was driving straight through an intersection when someone pulled out and hit her. The other driver’s insurance company paid for repairs to her car, but she was also left with chronic, severe pain from a condition called thoracic outlet syndrome, which is caused by compression of the passageway between the collarbone and the first rib. The pain was so bad that she had to quit her job as a travel agent and go to work in the family business. Dotson sued and eventually settled for enough money to cover her portion of her medical bills.

Unfortunately, the pain continued after Dotson’s settlement. She had two more surgeries -- one to remove a rib, and another for a nerve. Her husband’s employer-based health insurance covered both, but her pain didn’t stop and she was forced to take heavy pain medications. Finally, her doctor referred her to a neurosurgeon who recommended a surgery to implant a spinal cord stimulator. The surgery was a success, but her health insurer refuses to cover the cost -- leaving Dotson and her husband owing $72,900. They cannot pay this debt and are now afraid they’ll lose their home.

The column is about the health insurer’s refusal to pay, despite the surgeon’s claim that he called to pre-authorize it. This is an important and politically relevant issue, but as a St. Louis car crash attorney, I’d like to talk about Dotson’s original settlement. Most people don’t realize that you only get one opportunity to sue over an accident. Once you accept a settlement, you generally must sign a waiver of all future claims. That means it’s essential to include all claims of financial damage in your lawsuit, including claims for future medical care. Dotson and her injury attorney undoubtedly claimed everything they thought she needed at the time, but as time went on, it was clear that her medical needs weren’t over. In cases like this, I advise my clients to delay a lawsuit, as hard as that can be, until a doctor believes their symptoms are fully manifested can make a treatment plan.

According to the St. Louis Post-Dispatch, Windler’s wife and law enforcement agree that the fatal accident itself was a weather-related accident. As Windler waited for a tow truck, an SUV driven by a teenager from St. Peters slipped down an icy hill and struck him. That driver will not be charged. However, 61-year-old Karen Windler said she believes Highway DD is unsafe, with a rate of accidents about twice the state average for highways of this type. The highway is narrower than the 12-foot federal width standard, yet has no shoulders. It also has steep embankments on either side, inviting the possibility that drivers could slip off the edge of the road and be unable to return to lanes. This, along with the icy weather, may be why Daniel Windler slid off the road Feb. 14.

As a Missouri auto accident lawyer, I don’t believe this problem is going away. Authorities believe part of the reason for the high accident rate on Highway DD is that it wasn’t designed for heavy suburban traffic. Rather, the community grew around the road, using it as a major commuter artery rather than a rural highway. In fact, St. Charles County continues to grow -- two new schools along the highway are slated to open in 2010. To protect those schoolchildren and everyone else who uses Highway DD, the state has an obligation to ensure that the road can safely accommodate them. MoDOT has already lowered the speed limit, but as this accident may show, that’s unlikely to be enough to bring down accident rates.

Significantly, the article said Toyota knew about the braking problem at least a month ago, but didn’t tell customers or regulators about it. The company has already readied a software patch for the Prius and is working on another for the HS 250h; both will be installed as part of the recall. However, the brake recall is just one of Toyota’s new problems. The automaker has also recalled 7,300 2010 Camrys because of a possible problem with a power steering hose. The hose is placed in a way that may wear a hole in brake tubes, decreasing the brakes’ effectiveness. This recall is not a result of complaints, but stems from an observation by an employee in Kentucky. However, the federal government may investigate power steering problems in 2009 and 2010 Corollas, after receiving more than 80 complaints from drivers.

As a St. Louis car wreck attorney, I am particularly disturbed to read that Toyota knew about the brake problem and even worked on fixing it before revealing it. The desire to have a solution on hand is understandable, but failing to disclose the problem takes away drivers’ options for dealing with it. Some drivers undoubtedly won’t mind, but others may have preferred to park the car for the time it took Toyota to prepare the software patch. That could be particularly true because the braking problem is worse in winter. As with the floor mat and brake pedal recalls, Toyota’s behavior leaves observers like me wondering whether it was as forthcoming as possible and acted as early as possible to save lives.

Toyota has taken a beating in the press for handing the unintended acceleration problem poorly. It has issued two recalls, blaming the problem first on floor mats and then on accelerator pedals, sending mixed messages. Furthermore, evidence has emerged that the automaker had received at least 2,000 complaints over the past decade, and knew about the pedal problem nearly three years ago. Legal experts in the Reuters article said this could form the basis of a claim that Toyota failed to warn drivers about the problem in a timely manner, in addition to a possible claim about a design defect. If Toyota is found liable in this type of claim, they said, it could owe its customers billions of dollars because of the seriousness of the claims and the sheer number of affected vehicles.

Reuters reported that four of the claims alone were filed on Jan. 29, and given that at least 19 people have died because of unintended acceleration, more are almost certainly coming. As a St. Louis auto accident lawyer, I think it’s only a matter of time before we hear about claims filed locally. There’s evidence that, at the very least, Toyota was slow to respond to the problem. At worst, the automaker could face charges that it actively tried to cover up the problem by blaming it on easily fixed mechanical parts rather than its expensive and complicated computerized accelerator system. You may remember the movie Fight Club, in which a major automaker decided whether to recall products based on whether it would cost more to fix the problem or settle lawsuits from families of people who died. This was based on a real memo put out by Ford in 1968. If we find that Toyota used similar math to calculate the value of human lives, it could take such a beating in court that it may never recover financially.

During the original recall, some safety experts expressed doubts that floor mats were the cause of the unintended acceleration. Rather, they suggested that the problem could lie with the “drive by wire” system, which uses a computer rather than a lever to relate pressure on the accelerator pedal to the engine. Toyota denies this, and the newest recall doesn’t have to do with the computer system. Rather, the automaker says parts of the pedal can wear down and catch, opening the throttle. Toyota asked drivers with recalled vehicles to continue driving unless they feel that the accelerator pedal is slow to move or moves poorly. However, all of those drivers will be eligible for repair or replacement pedals when Toyota devises a solution, which is expected to be soon. A full list of the models involved in both recalls is available from the Los Angeles Times, and a Toyota press release about the recall is available here.

As a southern Illinois auto accident lawyer, I am pleased that Toyota is taking action on this problem. However, it’s disturbing to realize that by initiating the second recall, Toyota is reversing its previous stance that accelerator pedals are not the problem. If the automaker was wrong about that -- unintentionally or not -- what’s to stop it from being wrong about the driver-by-wire system as well? That is an important question, because the drive-by-wire system is installed in far more Toyota (and Lexus) vehicles than just the eight involved in the current recall. If Toyota is intentionally hiding important safety information just because it hurts sales, it’s putting millions of North Americans at risk of death or life-changing disabilities. Not only is this ethically unsound, but it could put the automaker on the wrong side of multiple defective auto part lawsuits.

Dorel Asia and the CPSC have received 31 reports altogether of the sides detaching from the crib. Those incidents caused six entrapments and three injuries as well as the death of a six-month-old boy in Cedar Rapids, Iowa. In that case, the drop-side hardware broke and the parents tried to fix it themselves. The company and regulators have also received 36 reports of broken slats, which led to cuts and bruises for seven children and entrapment for two. The company stressed that the death was unusual, but safety officials are asking parents to stop using the cribs right away and request a repair kit at the company’s Web site or by calling 1-866-762-2304. The recalled cribs were sold at Wal-Mart, Sears and K-Mart for $120 to $700, depending on the model.

As a St. Louis personal injury lawyer, I hope parents notice this recall and take quick action. Like all manufacturers, baby product manufacturers are legally obligated to make sure their products are safe before they reach the market. If they fail, they are legally liable for any injuries that result. This is particularly important with baby products, because babies are literally helpless. Defective products affect people of every age, but because babies can’t call for help, product defects can kill them before parents even notice something is wrong. Replacing or repairing a crib may be expensive, but it’s nothing compared to the possibility of losing a child.

Whispering Oaks has 70 beds for patients with diagnoses including schizophrenia, depression, mental retardation and diabetes. At least one resident said he liked the facility because it gave him a relatively high degree of independence. However, it also has a long record of health and safety violations. Past violations include dirty restrooms and kitchen; improper handling and administration of medication; a drunken fight between residents; and a cat using a potted plant as a litterbox. In one incident, a resident fell from a ladder while trying to repair a roof gutter and needed stitches for a cut in his leg. The resident said owner Naren Chaganti asked him to do the job, but Chaganti denied this. The state is already investigating the facility because of a September report that its drinking water was not up to standards.

As a St. Louis personal injury lawyer, I hope the state is thorough in its investigation of this facility, because nursing home residents deserve all the protection we can give them. Many nursing homes are caring and well-run facilities, but a few each year are revealed as unsanitary, understaffed or even abusive. Nursing home residents aren’t always able to speak out against bad conditions or ask for help, often because of the same problems that landed them in a home in the first place. That means abuse and neglect can go unnoticed for months, until an accident like this one makes the problems impossible to hide. By then, residents may have suffered serious harm that requires hospitalization, including dehydration or bedsores; infections from unsanitary conditions; improper medication and more.

The City Museum is an unusual mix of playground, museum and activity center for kids. The article said the Kirks were visiting from Lawrence, Kansas in 2006 when the accident happened. Gavin was climbing on the outdoor jungle gym, but climbed farther than he was supposed to and fell. He spent four days in the hospital. The article did not say whether the accident had permanent effects, although Michelle Kirk did say that Gavin suffered some permanent damage. An expert witness in the case estimated his lifetime damages, for medical care and other costs, at $400,000. The family’s lawsuit argued that the museum should have taken clearer steps to protect children from this type of accident, such as erecting signs to show where climbing isn’t permitted. A museum co-founder said it’s no more dangerous than a playground and that visitors should be sensible as they play.

As a St. Louis brain injury lawyer, I agree that museum visitors have an obligation to take reasonable care. But in an environment like this one, in which children are encouraged to climb and play, it’s not difficult to predict that kids might climb too far. Under Missouri (and Illinois) state law, everyone who invites the public onto their property must make sure visitors aren’t subjected to unreasonable or predictable hazards. That means cleaning up slippery spills, providing handrails on stairs and posting signs warning visitors of risks that can’t be taken away. If they fail to take these precautions, property operators are exposed to lawsuits like this one, from anyone who is hurt as a result of that failure. In most cases, this means slips and falls -- but as Gavin Kirk’s case shows, falls and slips can have very serious results.

Lead paint on toys is a problem because lead can poison developing children who ingest or inhale it over time. Lead interferes with the body’s absorption of minerals necessary for health and development, such as iron, calcium and zinc. In children with chronic lead poisoning, this leads to irreversible damage to the central nervous system, causing learning and developmental disabilities, aggression, hyperactivity, emotional control problems, loss of short-term memory and more. These effects are thought to be irreversible in children, which is why public health efforts focus strongly on prevention. RC2 recalled 1.7 million units of the Thomas & Friends toys for lead paint in 2007. The CPSC’s fine was so high because it believes the company knew its toys didn’t meet standards but sold them anyway.

As a southern Illinois defective product lawyer, I hope the CPSC is wrong -- but I wouldn’t be surprised if it was right. You may recall that 2007 and 2008 saw multiple recalls of toys with lead paint, many of them made in China. At that time, media reports explained that Chinese-made products are cheaper, but Chinese safety standards are relaxed and easily broken. This allows U.S. companies to make their products overseas for very cheap, but their products may not meet basic safety standards in our country. An unscrupulous company might be happy to make that trade-off if profit is its only goal. Unfortunately, the series of lead recalls showed that too many companies either did not pay attention to this issue or cynically chose to place profits over the safety of small children.

Lead paint on toys is a problem because lead can poison developing children who ingest or inhale it over time. Lead interferes with the body’s absorption of minerals necessary for health and development, such as iron, calcium and zinc. In children with chronic lead poisoning, this leads to irreversible damage to the central nervous system, causing learning and developmental disabilities, aggression, hyperactivity, emotional control problems, loss of short-term memory and more. These effects are thought to be irreversible in children, which is why public health efforts focus strongly on prevention. RC2 recalled 1.7 million units of the Thomas & Friends toys for lead paint in 2007. The CPSC’s fine was so high because it believes the company knew its toys didn’t meet standards but sold them anyway.

As a southern Illinois defective product lawyer, I hope the CPSC is wrong -- but I wouldn’t be surprised if it was right. You may recall that 2007 and 2008 saw multiple recalls of toys with lead paint, many of them made in China. At that time, media reports explained that Chinese-made products are cheaper, but Chinese safety standards are relaxed and easily broken. This allows U.S. companies to make their products overseas for very cheap, but their products may not meet basic safety standards in our country. An unscrupulous company might be happy to make that trade-off if profit is its only goal. Unfortunately, the series of lead recalls showed that too many companies either did not pay attention to this issue or cynically chose to place profits over the safety of small children.

The accident occurred just after midnight on Sunday. According to the News-Democrat, Floyd’s bus left the road, traveled through the parking lot of a tire store and over a chain link fence before hitting the Willefords’ side porch. Other media sources reported that Floyd fell asleep behind the wheel, though that explanation was not given in the newspaper. Police are still investigating and have not said whether they plan to file charges. Six of the home’s eight residents were home at the time, including homeowner June Willeford. She told the News-Democrat that after the crash, she heard her son screaming in the basement about what turned out to be a cut lip from flying debris. No one else was hurt, but the damage was significant enough that the family turned the power off for safety reasons and relocated to the Drury Inn in Collinsville.

I’m pleased that nobody was hurt. But as a St. Louis motor vehicle crash attorney, I know that expenses in a crash like this can add up quickly, even without the added expense of medical bills. A motel stay for eight people is likely to cost well over $100 a night. The family will also have to rebuild the affected walls and structural supports, a task that’s likely to include electrical work. These costs can add up quickly for ordinary people. Homeowners’ insurance may cover the costs -- but even if it does not, legal responsibility for the crash almost certainly lies with the bus driver who caused it and his transit agency. (Employers are generally held responsible for the actions of employees who were performing employment duties during an accident.) That means that the family may be able to recover compensation from them for all these costs and others, through an auto accident lawsuit.

The ban on texting by drivers under 21 allows exceptions for medical or roadway emergencies, reporting crimes and emergency responders acting as part of their jobs. The bills the Legislature will consider next year would continue those exceptions, but for drivers of all ages. One measure would also allow texting on private and public gravel roads. Sen. Ryan McKenna, D-Crystal City, said he plans to file a bill to ban texting and driving after he nearly drove off the highway while texting. He called the practice “a bad idea at any age.” The National Conference of State Legislatures reports that in 2010, more than half of states will have a ban on texting by at least some drivers; 18 states will have a universal texting ban. The Missouri Department of Transportation has already banned texting and driving on the job by employees and supports a universal ban for Missouri drivers.

As a Missouri car crash lawyer, I agree completely. As a spokeswoman for MoDOT implied in the article, texting takes the driver’s eyes and attention away from the road, where they belong. In fact, a Virginia Tech Transportation Institute study found that truck drivers took their eyes off the road for as long as five seconds while texting. That was enough time, the study said, for a semi truck traveling at highway speeds to cross the length of a football field. While texting is certainly not the only distraction for drivers, it’s one of the fastest-growing distractions and one that not enough drivers take seriously until they have a close call -- or a crash. A ban on texting is one way to reduce the wrongful deaths and catastrophic injuries that will surely result -- preferably followed by vigorous enforcement and public education campaigns.

The danger of window cords is so well established that the CPSC lists them among the top five dangers in the home. The agency estimates that one child a month dies by strangling in window coverings, and a spokesman said that manufacturers have recalled five million window treatments in the past few months. The problem stems from the cords that connect blind slats as well as the cords used to operate window treatments. Young children who don’t understand the danger can easily become entangled in the blind cords. Once they are, they are often unable to cry for help, which means adults in the next room may not notice until it’s too late. The CPSC has issued at least three safety alerts in the past, as well as two retrofitting programs in cooperation with the Window Covering Safety Council, an industry group. Unfortunately, those retrofitting programs did not always eliminate the danger, and the window covering industry did not stop making products with dangerous cords.

I hope this most recent safety alert changes that trend. Window blind strangulation accidents are easily preventable, yet we lose one American child a month this way. Parents certainly can and should take action of their own to prevent strangulation accidents, but manufacturers could easily fix the problem in newer treatments by changing their designs to eliminate loops and make strings hard for toddlers to reach. Like all manufacturers, window treatment manufacturers have a legal responsibility to offer only products that are safe to use for their intended purpose. When products don’t measure up, and someone is killed or seriously injured as a result, victims have the right to sue the manufacturer for all of the costs and damages the shoddy product caused. As a Missouri dangerous window covering attorney, I have handled numerous such cases on behalf of families who lost children or suffered serious injuries because of dangerous miniblinds.