Missouri Injury Attorney Blog

Cardin & Payne Attorneys ~ Trasylol Inury Lawyers

If you or a family member had a major surgery and suffered kidney failure or kidney damage following the surgery (or resulted in death), contact Cardin & Payne now so that we may investigate your case to see if Trasylol was to blame.

The lawyers at Cardin & Payne have learned of the dangers of Trasylol on the heels of a study published in 2006 in The New England Journal of Medicine. Unbelievably, this study found that Trasylol doubled the risk of kidney failure compared to placebo. If you or a loved one has experienced an adverse health event as a result of taking Trasylol, contact one of the Trasylol attorneys at Cardin & Payne immediately to discuss whether you are entitled to receive compensation.

The Trasylol lawyers at Cardin & Payne have determined that Trasylol has the following side effects:

Kidney failure
Dialysis
Heart attack
Stroke
Encephalopathy

If you or anyone you know has experienced any of these side effects; contact a Trasylol attorney at Cardin & Payne TODAY, we can help.

The lawyers at Cardin & Payne have the experience and resources to litigate Trasylol claims on behalf of their clients and also team up with other nationally preominate law firms to maximize your benefit. Many national personal injury attorneys have fully researched the studies and relevant data and come to the determination that those injured by Trasylol may be entitled to compensation from its manufacturer.

At Cardin & Payne we understand that a Trasylol related injury could have devastating effects physically and financially on a victim and their families. It is for these reasons that we count customer service as one of our top priorities and only associate with other attorneys dedicated in the same fashion. When hired by a client, we make a commitment to that individual client to aggressively and efficiently prosecute while keeping the client informed of all developments.

If you or a loved one has been injured by Trasylol and suffered:
kidney failure,
heart attack,
stroke, or
encephalopathy,
contact the Southwest Missouri lawyers at Cardin & Payne. We can help. Cardin & Payne law office is local law firm that will associate with a national law firm that represents individuals in similar types of claims and have been injured by America's largest corporations.

This is part of the 60 Minutes coverage:

For more information, fill out our online contact form or call Cardin & Payne at 417 847 7516.

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Posted In: Pharmaceutical Drugs

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~David Payne is only a phone call or an email away by visiting mo-injurylaw.com. David Payne is an experienced lawyer who handles car accident and personal injury cases all over the Ozarks including Springfield, Branson, Monett, Joplin, Nixa, Ozark, Republic, Mt. Vernon, Aurora, Neosho~

How do I hire David Payne to represent me?

In Missouri, under what circumstance am I able to recover damages as a result of an accident?

To get money as a result of an accident, you must have suffered an injury to your person (body)or property as the result of someone else's negligence. In other words, the person or company who caused the harm must be at fault for your injuries.

If I was injured due to the fault of someone else, how are my money damages calculated?

There three primary categories: medical bills, lost wages, and pain and suffering (almost always the largest component). In cases where an injury is such the injured person must be retrained for a new job, the costs associated with the retraining are also recoverable. You will also be compensated for an permamant injury and any known future medical cost. This money is intended to restore your loss and is not taxable.

What is meant by personal injury? What kind of cases does this include?

"Personal injury" is a broad term that means any kind of accident that leads to bodily injury. David A. Payne is a personal injury attorney. I am a lawyer who represents personal injury clients who have suffered a serious injury in an auto accident, motorcycle accident, truck accident, or as the result of other injuries or circumstances where a money recovery is needed provide some form of justice. By dealing with these specific types of personal injury cases, it allows me experience in knowing the nuances of the laws governing personal injury cases and motor vehicle insurance in Missouri.

What are some vehicle insurance policies that provide coverage in addition to simple liability coverage? What is meant by uninsured/underinsured motorist coverage and do I have these coverages?

In Missouri, uninsured/underinsured motorist coverage applies in two general situations: (1) Uninsured: the at-fault driver has no liability insurance, and (2) Underinsured: where the at-fault driver has insufficient liability insurance policy limits.
Uninsured/underinsured motorist coverage is insurance coverage that covers your accident just as your liability insurance provides compensation for the people that you might injure through your driving. This coverage might also extends to family members who live with you and/or to anyone injured in your vehicle.

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SOUTHWEST MISSOURI INJURY LAWYER~David A. Payne has offices in Cassville and Shell Knob on Table Rock Lake

This story will probably ruin your day. It might even make you sick. This story illustrates how injured people and their families can be re-victimized by the system that was put in place to compensate them for their loss. Beware: the below story will probably cause great anger, confusion, and maybe even a little vomit to come up to the back of you mouth.

Debbie Shank from Jackson, Missouri suffered severe brain damage after a traffic accident nearly eight years ago that resulted in loss of much of her short-term memory and left her in a wheelchair and living in a nursing home.

It was the beginning of a series of battles--one of their biggest was with Wal-Mart's health plan of which Shank was a member because of her employment with this company.

Two years after the accident, Shank and her family were awarded about $1 million in a lawsuit against the trucking company involved in the crash.

Wal-Mart had paid out about $470,000-not because of liability but rather under the health care contract-for Shank's medical expenses and later sued to recover from the Shank's their moneys expended.

NBC did this piece on the evening news covering the Shanks story.

The Shanks didn't notice in the fine print the company has the right to recoup medical expenses if an employee collects damages in a lawsuit.

The family's attorney informed Wal-Mart about the settlement and believed the Shanks would not be raided by Walmart for the moneys collected. "We assumed after three years, they [Wal-Mart] had made a decision to let Debbie Shank use this money for what it was intended to," Graham said.

However, and unfortunately so, the Shanks lost and Walmart won. suit to Wal-Mart.
"They are quite within their rights. But I just wonder if they need it that bad," Jim Shank said.

In 2007, the Walmart reported net sales in the third quarter alone of over $90 billion.

Legal or not, CNN asked Wal-Mart why the company pursued the money from the Shanks.

A Wal-Mart spokesman, who called Debbie Shank's case "unbelievably sad," replied in a statement: "Wal-Mart's plan is bound by very specific rules. ... We wish it could be more flexible in Mrs. Shank's case since her circumstances are clearly extraordinary, but this is done out of fairness to all associates who contribute to, and benefit from, the plan."

Jim Shank said he believes Wal-Mart could and should make an exception.

"My idea of a win-win is -- you keep the paperwork that says you won and let us keep the money so I can take care of my wife," he said.

The family's situation is dire. In fact, last year Jim Shank divorced his wife, so she could receive more money from Medicaid.

"Who needs the money more? A disabled lady in a wheelchair with no future, whatsoever, or does Wal-Mart need $90 billion, plus $200,000?" he asked.

"She'll never be able to work again. Never have a relationship with her husband or children again. The damage she recovered was for much more than just medical expenses."

Even with all this said, right now, only about $277,000 remains in the trust -- far short of the $470,000 Wal-Mart wants back.

Refusing to give up their fight, the Shanks appealed to the U.S. Supreme Court and where denied. For now, he said the family will figure out a way to get by and "do the best we can for Debbie."

"Luckily, she's oblivious to everything," he said. "We don't tell her
what's going on because it will just upset her.

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Injury Lawyer for Southwest Missouri~David A. Payne

Heart attack or stroke victims from the once-popular painkiller Vioxx and want early partial payments now have another month to file paperwork to support their claims under a settlement with manufacturer Merck & Co.

Cardin & Payne represnts many VIOXX victims and are teamed up with Carey & Danis of St. Louis.

Claims are still coming in to BrownGreer PLC, the Richmond, Va., law firm. Merck's lawyer told U.S. District Judge Eldon Fallon, some law firms especially those with many clients registered for the settlement are still working on many of the claims.

Merck has agreed to put off the claims deadline from March 31 until May 1, 2008. The deadline remains July and possibly may be set off as late as October for those who don't want an early partial payment.

As of Monday, 58,571 people were listed as wanting to join the settlement. However, 8,690 weren't eligible because they claim Vioxx caused a medical problem other than stroke or heart attack.

He also explained a private Web site set up by his firm lets people see what paperwork has arrived for each client, whether it is complete.
The site includes a spreadsheet to calculate claims from the dates for and number of pills in a plaintiff's Vioxx prescriptions and free samples.

Each law firm can see information for only its own clients.

Those include authorization to check their medical records, an agreement to drop all claims against Merck, and a signed list of the specific claims being dropped. People who want "extraordinary injury payments" also must agree to let attorneys check their employment records.

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Posted In: Pharmaceutical Drugs

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"David Payne is a lawyer practicing in Cassville, MO and focuses on personal injury including car wrecks & auto accidents"

We all need a chance to laugh and below is a great video that allows for that opportunity. If you or family member has been injured and you are wondering about your legal options, please call David Payne TODAY to discuss the legal framework of you matter.

You will be given a free, no-obligation phone conference on the day you call.

Cassville~Monett~Aurora~Mt. Vernon~Purdy~Washburn~Seligman~Marionville~Shell Knob

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"David Payne is an experienced auto accident lawyer and will give prompt professional advice to anyone injured in a car wreck"

A Mount Vernon teenager was seriously injured in Lawrence County when the vehicle he was a passenger of ran off the roadway.

The accident happened on Route F when Daniel Caddick, 22, of Aurora was driving a 1994 Geo, according to the accident report. The car ran off one side of the road, over-corrected, then skidded off the opposite side. The vehicle then struck a ditch, overturned and ejected the passenger, Joseph McPherson, 17, of Mount Vernon. The car eventually came to rest on a fence.

McPherson has suffered serious injuries and was immediately taken to St. John’s Hospital in Springfield.

The driver, Caddick, suffered moderate injuries and was also taken to St. John’s Hospital in Springfield.

If you have been injured in Missouri and are considering hiring a personal injury attorney for you auto injury, David A. Payne will provide you with some basic information. However, please be advised that the information on this web site is not a substitute for personal legal advice.

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Posted In: Auto Accident

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"Cardin & Payne Law Offices are located in Cassville and Shell Knob on Table Rock Lake"

Car & work accidents often result in injury. Depending on the magnitude of the injury, life can take a turn down previously uncharted paths. Daily pain, visits to the doctor, hospital visits, loss of income, mounting medical bills, and depression are just a few of the ramifications resulting from an accident that results in injury.

By talking with an experienced attorney and advisor about your case, you can gain a greater understanding of what you will be facing. Don't trust the insurance adjuster to give you all you are entitled to receive, insurance adjusters are highly trained and are paid to mininmize the insurance companies risk.

David Payne is a Cassville attorney that has handles injury cases all over the Ozarks.

“A jury consists of twelve persons chosen to decide who has the better lawyer.”

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MISSOURI PERSONAL INJURY LAWYER

Three children died after a commerical truck rear-ended the car they were riding in with their mother.

The accident happened on U.S. 63, near Fort Leonard Wood.

18-wheelers and large commercial trucks are extremely dangerous. There are hundreds of people killed on Missouri roads every year as a result of negligent driving of commercial trucks and 18-wheeler.

The children killed were infant Gaberielle J. Miess, 5-year-old Gracey J. Miess and 11-year-old Christel E. Miess, all of Licking, Mo., according to a report from the Missouri State Highway Patrol.

Their car was stopped for road construction when a Freightliner truck hit it from behind.

All three children, who were restrained with proper safety devices, died at the scene, according to the patrol’s report. Miess was taken to a Rolla hospital with serious injuries, and Barton was flown to a Springfield hospital in serious condition and it is unknown.

The 38-year-old truck driver is not believed to have been injured.

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INJURY LAWYER FOR BARRY COUNTY CAR WRECK

Three teenagers were injured in a Barry County car accident when their vehicle ran off the road and overturned. This is from a report of the Missouri Highway Patrol. It is not known whether insurance coverage is available.

West of Exeter in rural Barry County, the wreck happened when a 1995 Chevrolet Blazer driven by Michael Kennedy, 16, of Cassville, traveled off the road. The driver overcorrected, skidded back across the roadway and ran off the road. They hit a ditch and flipped over.

Kennedy suffered injuries and was taken by ambulance to St. John’s Hospital in Cassville.

Dakota Nelson, 15, of Cassville, and Tyrell Nelson, 16, of Exeter, were taken by private vehicle to St. John’s Hospital in Cassville. They were both reportedly wearing seat belts.

Whether your accident was in Barry County , Lawrence County or anywhere else in the Ozarks, you need to speak with an local attorney promptly, it is never too late to get professional advise. Call now or go to mo-injurylaw.com to speak with a Missouri Injury Attorney in Barry County, Missouri about you legal rights.

A lawyer's time and advice is his stock in trade.

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MISSOURI PERSONAL INJURY LAWYER

David A. Payne--Serving Cassville, Monett, Aurora, Mt. Vernon, Republic, Springfield and all towns and counties in Southwest Missouri.

Do I consider State Farm’s yearly profit excessive? No. Well, shouldn't I, am I not an attorney fighting for the little guy? In 2006 their reported profits were $5.6 BILLION!!! Does that change my mind? Nope.

And why should I, or anyone else for that matter, care about their profits? I care about what aspects of this whole circus I can control. Should I care about the manner in which they receive their profits, the manner in which they do business, how fairly they treat claims? ABSOLUTELY!! But if their manner is fair, if they treat claims properly, then I applaud their profit. But, what is "the rest of the story?" Our judicial system allows for good attorneys to get good results.
Missouri plaintiffs’ personal injury lawyers and many from around the U.S. complain about State Farm’s profits surging to $5.6 billion in 2006 — up from $3.2 billion in 2005. State Farm’s CEO received a $5.26 million dollar pay raise last year and is now earning $11.66 million.
Implicit in complaints from plaintiff's lawyers is the idea that State Farm’s low-ball offers and hardball tactics are the reason why their profits are so high and their CEO is overpaid.

I think it is misplaced to expend energy complaining about hardball tactics of the insurance industry. Other than cases were insurance companies are dealing with their own insured, insurance companies should be trying to do whatever they ethically can to decrease payouts. Conversely, it is the job of personal injury and insurance claims attorneys job to do the opposite. As attorneys for the injured are we simply hoping for fair offers? Are we not are trying to get as much as we possibly can for our clients? Are we not ethically required to do so?

We have an adversarial judicial and settlement system that has been in place for a few hundred years and I think it works. It is clearly not a perfect system, it is just the best system and I understand that the system has its own degree of cyclical change.

State Farm and other insurance companies are going to play tough and I would suggest that they have a moral obligation to be good stewards of their money. However, if Missouri personal injury lawyers hold up their end of the bargain and fight, fight, fight, the system will work just fine.

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The scales of justice are tipping out of balance in Missouri. Insurance companies are constantly trying to change laws in order to fatten up their bottom line. Missouri attorneys and others interested in protecting common citizens must fight the battle at every turn.

Recent proposals by Gov. Matt Blunt and other lawmakers will bias the court system heavily in favor of large corporations and the well-to-do and against the interests of
average Missourians and their families.

While disabled Missourians have been stunned by the proposed budget’s Medicaid cuts, legislative leaders want to reduce Missouri’s current cap in medical malpractice cases to $250,000.

Missouri data shows it mainly will affect malpractice victims who have been left dead, quadriplegic or severely brain damaged with terminal diagnoses or the need for lifetime care.
The victims and their families who have huge economic losses do not consider such damage frivolous.

Reducing the non-economic damages cap also will limit acess to the courts if they are the victims of negligent or incompetent health-care providers.

Because the elderly and children have little or no economic “value” in the courts, the smaller
cap will force some good attorneys to turn down virtually all these cases.

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SOUTHWEST MISSOURI CAR ACCIDENT LAWYER-EXPERIENCED, AGGRESSIVE & ZEALOUS

Four Missouri teenagers were seriously injured in a one-car accident Saturday night west of the Crane in Southwest Missouri, the Missouri Highway Patrol has reported. This car accident took place in Stone County, Missouri.

The driver was reported to be Blake Johnson, 15. The passengers were Bevin Dill, 15; Heather Blake 18; and Christina Blake, 16; all of Crane. The four teenagers were taken to Cox South Hospital in Springfield

The report said Blake Johnson was westbound on Dodge Hollow Road, about a mile west of Crane when the car skidded on a curve, overturned and caused all four occupants to suffer serious injuries.

All four were thankfully wearing seat belts and the vehicle they were in was totaled.

David Payne is an experienced personal injury lawyer focusing his practice in Southwest Missouri and the Missouri Ozarks.

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Posted In: Auto Accident

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MOTORCYLCE WRECK LAWYER

When motorcycles are in wrecks, almost always the results are serious. A Springfield area lawyer can help victims and their families deal with insurance companies and assist in the process of recovery.

As an experienced accident and injury lawyer working in Southwest Missouri, I have seen the benefit of aggressive and zealous legal representation for those victimized by others negligence. On March 20, 2008 in Greene County, Missouri the Harley-Davidson ridden by Troy Williams, 44, was struck by the SUV driven by Jeffery Wright, 42, three miles north of Springfield.

Williams suffered serious injuries as a result of the accident and was taken to a Springfield hospital for treatment.

Cardin & Payne, experienced accident lawyers, serve Springfield, Republic, Nixa, Ozark, Branson, Aurora, Monett, Cassville, Mt. Vernon, Billings, the Table Rock area and all places in the Ozark Mountain region of Missouri.

You need help and the law offices of David Payne will provide a free, no-obligation phone consultation for you and your family. Don't wait and let the insurance company get the upper hand.

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Missouri car accident victims and their families often face a grueling challenge to recover from the health ramifications after a wreck. They now will be spending time going to doctors, physical therapists, and lawyers instead of going to work and spending time will family. The road to recovery, both from the health aspects and the financial aspects, is long to Missouri car accident victims.

You can call David Payne and get frank and prompt legal advice on how best to deal with your specific situation. Each case is different and that is the approach I take with each case. You will be reminded that personal service is still alive and well her in the Ozarks when dealing will David Payne at mo-injurylaw.com.

In the meantime, take the time to laugh. Here is a video that made me laugh:

Taking clients all over Missouri, including Springfield, Joplin, Willard, Republic, Nixa, Ozark, Branson, Monett, Aurora, Cassville, Mt. Vernon, Greenfield and all places in between in the Missouri Ozarks.

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Michael Davis, 40, of Springfield was serisously injuried in Battlefield when William Schroeder's vehicle crossed the centerline and struck Davis on his motorcyle head-on. The wreck ocurred March 20, 2008 in Greene County.

Davis was transported to Cox South Hospital in Springfield.

Schroeder, 77, is insured by Great Southern.

Motorcyle wrecks like this one are often serious and involve many insurance issues. If you or a family member has been injured in a motorcyle wreck or car accident you need to speak with an experienced personal injury at who works with and understands how insurance claims adjusters work in the Missouri Ozarks of Southwest Missouri..

Whether you accident was in Greene County or Lawrence County, you need to speak with an local attorney promptly, but it is never too late to seek advise. Call now or visit mo-injurylaw.com to speak with a Missouri Injury Attorney about you legal rights.

Here are some recommended tips on how to personally improve saftey for all on Missouri roads:

1. All drivers don't "recognize" a motorcycle properly; they ignore it even if usually unintentionally. Always look for motorcycles, especially when at an intersection.

2. A motorcycle may look farther away than you might think it really is. And estimated the speed of a motorcyle can be tough. Alwys predict a motorcycle is closer than it looks.

3. Motorcycles can be easily hidden in a car’s blind spots or masked by objects or backgrounds outside a car (bushes, fences, bridges, etc). Take an extra moment to thoroughly check traffic.

4. Because of its small size a motorcycle may seem to be moving faster than it really is. Don't assume all motorcyclists are speed demons.

5. Motorcyclists often slow by downshifting or merely rolling off the throttle, thus not activating the brake light. Allow more following distance, say 3 or 4 seconds. At intersections, predict a motorcyclist may slow down without visual warning.

6. Turn signals on a motorcycle usually are not self-canceling, thus some riders, (especially beginners) sometimes forget to turn them off after a turn or lane change. Make sure a motorcycle's signal is for real.

7. Motorcyclists often adjust position within a lane to be seen more easily and to minimize the effects of road debris, passing vehicles, and wind. Understand that motorcyclists adjust lane position for a purpose, not to be reckless or show off or to allow you to share the lane with them.

8. Maneuverability is one of a motorcycle's better characteristics, especially at slower speeds and with good road conditions, but don't expect a motorcyclist to always be able to dodge out of the way.

9. Stopping distance for motorcycles is nearly the same as for cars, but slippery pavement makes stopping quickly difficult. Allow more following distance behind a motorcycle because it can't always stop "on a dime."

10. When a motorcycle is in motion, don't think of it as motorcycle; think of it as a person.

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Posted In: Auto Accident

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The purpose of the Missouri Injury Attorney Blog is to provide information and discuss matters that will assist those injured in Missouri car accidents, truck wrecks, at work, or any other injury. If you are looking for a lawyer for your accident or injury, call a Missouri Accident and Injury Lawyer TODAY! I have years of experience in dealing with insurance companies and getting the most for my clients.

I will pro