Posted On: April 30, 2008

Trasylol Attorney In Missouri ~ Kidney Damage

Missouri Trasylol Lawyer ~ Kidney Damage or Renial Failure

Call Cardin & Payne now or fill out our on-line form to see if we can help you sort out whether you have a Trayslol matter worth pursuing

Below is a commercial from another law firm from another state trying to attract clients injured from Trasylol, I hope this information is helpful. If you don't call me or my law firm, please call and get some advice now that will help you and your family.

Posted On: April 30, 2008

Missouri Injury Lawyer: Protecting My Client's Interests At Deposition

Depositions are an extremely important part of trial preparations for any attorney. A good deposition will line up the case nicely for trial and a bad deposition can put a lawyer and his client on their heals.

"David Payne handles injury cases in Southwest Missouri and will give anyone injured in an accident a FREE consultation with no obligation"

Advocating For Those Injured In Missouri & The Ozarks ~ Cassville, Monett, Aurora, Mt. Vernon, Barry County, Lawernce County ~ NO FEE UNLESS YOU WIN

From my standpoint as a plaintiff's personal injury lawyer, deposition goal #1: DO NO HARM. The greatest harm a client can do to a case is to get caught in a lie and most times I find that "lies" are not malicious but rather accidental. A smart insurance company lawyer will turn an innocent failure to recall into an ultimate test for the client's credibility (i.e. "If they lie about one thing, is there anything they won't lie about). Any case that gets evaluated by an insurance adjuster or Missouri jury will ultimately rest on the client's credibility. The lawyer's credibility is second fiddle to that of the client. The importance of the lawyer's credibility/likability is a distant second to the importance to that of our client. 18717875.jpg

How can a good lawyer address this issue and solve the problem? Obviously, a good lawyer spends time before the deposition discussing the issue with the client, explaining in very direct terms that: 1) prior medical history or claims history will be uncovered by any competent defense attorney with access to a computer and/or the medical records; 2) guessing will be twisted by the defense attorney to attempt to show a lie; and 3) "I don't know" and "I can't remember" are perfectly good answers when that is the true response.

A good approach is to have clients fill out a claims index so their lawyer can have access to the exact same information as the insurance company. American Insurance Services Group (AISG) is a good company to use but there are others that do the same thing for the same price. For $25, a lawyer can get a full claims history for your client, putting the personal injury lawyer on par with the insurance company in terms of information about prior accidents and claims.

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


Posted On: April 29, 2008

Missouri Wrongful Death Lawsuit ~ Experienced Lawyer

Legal Aide for Car Accident Victims and their Families ~ Missouri

After the jury came in and told a trucking company it's driver was at fault for the deaths of three women, the defendants have agreed to pay $18 million to settle a lawsuit filed by the families of three women killed in a June 2006 crash.

Pro Logistics Inc. agreed to the payment Friday, two days after a jury found the company liable for the women's deaths and ordered them to pay $15 million. Still out was the jury and they were deliberating whether and how much the company should pay in punitive damages when Pro Logistics agreed to the higher amount.

The Missouri State Highway Patrol and witnesses said the truck was traveling eastbound on Interstate 70 about 30 miles east of Columbia when it failed to slow down as it approached congested traffic and slammed into a line of cars. Then, the 18-wheeler broke through safety cables in the highway median and crossed into the westbound lanes, jackknifing on an embankment. 17621526.jpg

In order to best position your family to have a successful wrongful death claim, you will need more than simply the compassion of the insurance adjuster for the person at fault. You will need the experience, knowledge and passion of an experienced personal injury attorney with the resources available to maximize your recover.


CALL NOW FOR A FREE CONSULTATION WITH DAVID PAYNE, LAW SERVICES FOR INJURED MISSOURIANS

Posted On: April 28, 2008

Death From Car Wreck in Barry County ~ Serious Auto Injury

Wrongful Death and Serious Car Injury Lawyer Missouri ~ Call David Payne NOW for a FREE CONSULTATION

Mary Clark, a Berryville, Arkansas resident was killed and Allen Collier was seriously injured in a car accident on Highway 86, two miles east of Golden in Barry County, according to reports of the Missouri State Highway Patrol.

David Payne is an experienced injury attorney in Cassville & Shell Knob who has experience in handling successful auto injury insurance claims and lawsuits

Mary J. Clark, 38, of Berryville, Ark., was pronounced dead at the scene of the accident and the car's other occupant, Allen M. Collier, also of Berryville, was taken to Cox Medical Center South in Springfield, Missouri.2195890744_5cbede32b4_m.jpg


Their car was westbound and apparently ran off the road, overturned several times and struck a tree. Clark was thrown out of the vehicle and the Highway Patrol does not know which of the two occupants was driving the vehicle.

Don't rely solely on the compassion of the insurance adjuster...hire a lawyer to get a reasonable settlement or outcome for your case. You get only one chance at justice.


Posted On: April 25, 2008

Cassville Personal Injury Law ~ Barry County Lawyer ~ Missouri

"David Payne is an attorney that will help when injury strikes your family"

CALL NOW FOR A FREE, NO-OBLIGATION CONSULTATION

Honest Legal Service for Injured Ozarkers

Recovery from injury of any sort is grueling. Taking a chance to laugh is an important part of a healthy lifestyle--especially for those healing. Enjoy the below short video!

Posted On: April 24, 2008

Auto Accident Lawyer in Southwest Missouri

Accident Lawyer in the Missouri Ozarks ~ Call for a FREE conference with an Attorney who will look our for you!!

In the U.S., Car & Auto Accidents are the leading cause of death for Americans under the age of thirty-four. In any given year, car accidents are responsible for over 40,000 deaths. That's an average rate of about 115 fatalities per day and statiscially you are likely to be involved in at least one auto accident in your lifetime.

Call NOW to speak with an experienced car & auto accident attorney in Southwest Missouri.

If you are involved in a wreck, call law enforcement immediately-even if no one seems injured-and file an accident report. Vehicle accident reports are used for insurance purposes to determine fault, so verify that the report is thorough.

Photographs and/or diagrams of auto accident scenes are often supplied by the police and you can also take pictures of the auto accident, and gather as much information as possible. Get the names and phone numbers of all accident witnesses, as well as anyone involved in the accident itself.

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Some of the common car accident injuries include whiplash, head and brain injury, paralysis, and joint, bone, and muscle injuries. All accident victims should seek medical attention as soon as possible if they believe they are injured.

Car & Auto accident claims resulting from injuries usually depend on medical records linking the auto accident to the injuries received, documentation is KEY! The more time elapses between the auto accident and the treatment, the more difficult it is to prove a connection.

Money Damages sought after auto accidents can include cost of medical treatment, loss of property, loss of wages, and of course, pain and suffering. If you have been in an auto accident, and need legal advice or assistance, it is best to contact an attorney familiar with auto accident laws.

Posted On: April 23, 2008

Trasylol Kidney Failure ~ Trasylol Heart Surgery

Trasylol Kidney Failure & Trasylol Heart Surgery ~ Lawyer

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Trasylol Litigation Attorney

Trasylol, a medication used in coronary artery bypass graft surgery and cardiac bypass surgery to reduce bleeding, has been used in millions of surgeries & caused thousands of unnecessary injuries to an unsuspecting public. In some instances, the drug has caused severe reactions including kidney failure & death. If this has happened to you or a loved one, the lawyers at Cardin & Payne law firm will help you determine what action, if any, you should take. TRASYLOL LAWYER IN MISSOURI

According to news report in September 2006, the German drug maker Bayer said it was a mistake that they failed to the FDA about a study on the risks of the heart surgery drug Trasylol (aprotinin). The company said there were "questions about the study's methodology" and the findings were "preliminary." Excuses, excuses, excuses...

A new review of hospital records for 67,000 patients shows that Trasylol use might increase the chances of death, serious kidney damage , congestive heart failure, and strokes.

Cardin & Payne is prepared to help fight for your justice and get compensation for those who have been injured or killed by the heart medication's side effects.

If think you or a loved one has suffered adverse side effects from Trasylol, you deserve answers. Contact a pharmaceutical litigation lawyer now to help determine what happened to you. Did your doctor have the appropriate information available to carefully consider the risks before administering the heart medication? Were there other less harmful options available? Did Bayer give adequate warnings of their drug or were they only concerned with turning a buck?

Contact David Payne or call now for a Free Consultation. No fees or cost of any kind unless we recover compensation for you.

Posted On: April 20, 2008

Missouri Injury Law - Attorney for Southwest Missouri Car Accident

Springfield Missouri Area Injury Lawyer

CALL DAVID PAYNE FOR A FREE, NO-OBLIGATION CONSULTATION

Too many times those injured in car wrecks try to recover on their own, too many times they try to settle their claim assumming the insurance adjuster will treat them fairly, and too many times the time that passes before they hire an experienced lawyer happers their health and the financial recovery from the insurance settlement.

Don't wait to call and get advice as to how an experienced lawyer can help you.

Call now and I will give you honest and straight-forward answers to your questions. I look forward to hearing from you.

Posted On: April 19, 2008

Bad Faith Insurance Claim Missouri - Personal Injury Lawyer

Most insurance claims are not handled in "bad faith." However, some claims are handled with
malice and many claims are often processed in an inappropriate manner. While the below case is not a Missouri case, it is a story that many Missouri citizens can identify with as a result of their own experiences with insurance adjusters and their own insurance companies.

David Payne is an experienced injury and insurance claims attorney who handles cases like this in Missouri. Contact a lawyer now for a free consultation.

The best way to handle insurance companies not willing to pay fairly is by hiring an experienced insurance and personal injury lawyer. By hiring a lawyer, the lawyer deals with making sure the insurance company treats you fairly.

A jury in Montana awarded a woman $5.3 million in damages earlier this month in the largest bad-faith insurance verdict in Montana history.

The jury of one man and six women ruled unanimously against Fireman's Fund Insurance Co., deciding that the California-based company acted in bad faith and breach of contract in denying her insurance claim. In January 2003, the 32 year-old plaintiff suffered permanent brain injurys in a head-on car collision. She was not at fault in the accident, and her damages far exceeded the amount of the other driver's insurance policy limit.


She, however, fortunately was covered under her family's insurance plan for a total of $1.5 million in underinsured motorist benefits and $15,000 in medical pay. Still, the company refused to pay out.

The verdict included $3.5 million in punitive damages, because the jury found the insurance company acted in malice, while the remaining $1.8 million was ordered for compensatory damages, for medical bills, loss of past and future earning capacity, physical pain and suffering, mental and emotional injury and loss of established course of life.

The plaintiff's attorney was quoted as saying, “this was a very intelligent jury and they weren't fooled by any of the usual official excuses, and they got mad.”

To make matter worse, the injured woman's medical bills were turned over to collections after Fireman's Insurance repeatedly refused to pay her medical expenses. The company's refusal to pay the medical bills resulted in delayed treatment and interfered with her medical treatment.

“It was a classic case of David and Goliath, where they are just trying to wear you out,” said the injured woman and she added, “I was completely overwhelmed and I'm really thankful to the jury for doing the right thing, and to my legal team for standing behind me. It has been a really long, long hard road.”

At trial, evidence showed that Fireman's Fund Insurance Co.'s net assets in 2004, the same year the injured woman's claim, exceeded $9.9 billion.

The case shows that the little guy can prevail thanks to our judicial system and that the scales of justice can get tipped back in balance.

Posted On: April 16, 2008

Trasylol Injury Attorney Missouri

Trasylol Kidney Damage

Seek compensation for your Trasylol injury:
Free lawsuit review when you complete the form found here.

Two seperate and independent studies were published in February 2008 that provide even more evidence that the clotting drug Trasylol is extremely dangerous. The news comes amid a flurry of lawsuits filed by those who experienced severe side effects after being administered the drug during surgery. If you think you may have been injured, call an experienced attorney for Trasylol now.

The first study, which dealt with about 10,000 patients, studied those who had bypasses at Duke University Medical Center from 1996 through 2005.

This study concluded 6.4 percent of patients who were given Trasylol died within 30 days of the surgery, a rate nearly 2.5 times higher than patients who got other drugs (which were equally effective) or who received no treatment for bleeding.

The second study, financed by Bayer itself, looked at around 78,000 patients nationwide between 2003 and 2006.

Expert researchers found the risk of death was nearly 64 percent higher in the Trasylol group than in those taking comparison drugs.

If you were given Trasylol during or after surgery and suffer encephalopathy or kidney failure, please fill out the form found here for a free case review.

Posted On: April 15, 2008

Missouri Injury Lawyer ~ Cassville ~ Monett ~ Aurora

IF YOU NEED HELP, you've come to the right place. When you, a family member or a loved one is injured, professional legal guidance and service from an experienced personal injury lawyer is just what you need. Insurance claims, auto accidents and injury cases are the focus of my practice and my passion.

My name is David Payne — I look forward to getting to speak to you. Please call today for a prompt phone consultation with me.

I have years of experience dealing with insurance adjusters and their companies. In most cases, there is an insurance company that is responsible for all, if not a portion, of the injuries stemming from their insured driver's negligence.

NOTE: If you have been involved in a car, auto or truck accident, you need legal counsel-an experienced lawyer. I will provide you with a free/no-obligation consultation regarding the specifics of your injuries and what can be done.

NOTE: The insurance companies will immediately start to gather information regarding your auto crash and attempt to diminish your claim immediately. In some instances, the insurance companies will deny your claim altogether. In other instances, the insurance companies will deny coverage. Still in other instances, the insurance company will not tell you the full and complete extent of their coverage and still will deny certain other coverages like uninsured and underinsured coverages.66151%2C1172184293%2C1.jpg

Immediately contact an attorney with experience in personal injury so as to preserve your valuable legal rights and so you can receive the valuable advice you need.

Posted On: April 13, 2008

Trasylol Lawyer

Missouri Trasylol Lawyer for Free Consultation

Call or contact an attorney for Trasylol NOW!

Important: Aprotinin is the generic name for the brand name Trasylol.

Most won't know without checking medical records if they are effected by Trasylol. If think you or a loved one may have been injured as a result of taking Trasylol you may have valuable legal rights. Cardin & Payne is evaluating Trasylol cases where heart bypass patients suffered kidney damage or other side effects after their surgery. Most bypass patients will not know what exact medication was used during their surgery. Even if you don't know if Trasylol was used during your heart surgery, Cardin & Payne will evaluate your case and advise of you may have a claim for free.

Please call NOW to complete a Case Evaluation interview by speaking with one of our attorneys or simply call for a free consultation.

MUST SEE: if you've heard about the "60 Minutes" piece on Trasylol but haven't actually seen it, below is the video for your viewing. This is an extremely informative, "eye-opening" and "jaw dropping" piece.

Posted On: April 12, 2008

Cassville Car Accident & Injury Lawyer ~ Tips for Hiring a Lawyer

Hiring a Lawyer David A. Payne Lawyer for Southwest Missouri Injury Law

How do I choose the personal injury lawyer that is right for me?

Ask about the experience and background of the lawyer. Ask with whom you will primarily be dealing with from the lawyer office. Ask how the lawyer will talk with you about the concerns of your case as the process moves forward from the initial conference. Will you meet with him personally when dealing with his office?

Ask the attorney about their experience in taking cases to trial. You want to hire an attorney that has experience taking the Insurance Companies to court.

You may think: I want to settle my personal injury case so what is wrong with an attorney that settles all of his cases instead of filing lawsuits and going to court? The problem with this approach is most insurance companies discount the lawyer's who only do this approach, they discount the claims this lawyer handles--leading to a lower and discounted settlement for you.

Most insurance companies keep track of lawyers' trial record by doing a computerized search based on the firm's taxpayer ID number. If your lawyer settles all personal injury cases, the insurance company knows that and it will be reflected in the pre-trial offer for your claim. So if your lawyer does not try personal injury cases, the insurance company knows they won't have to go to trial. Reactionary as the insurance industry is to documentation and data, they accordingly adjust their settlement offers to reflect and indicate how they assess the risk of your case to them per the data they have regarding the value of YOUR claim.

TRUST: If you don't have trust in you lawyer's complete ability to satisfactorily handle you claim; If you feel your expectations exceed the capabilities of your lawyer and/or any lawyer you are considering hiring; You should consider looking for another attorney with whom a greater trust can be established. Being served by a professional personal injury lawyer need not be a tedious relationship. The process of claims and litigation is far too aggravating in and of itself, your relationship with your lawyer need not be an additional burden.

Posted On: April 10, 2008

Table Rock Lake & Cassville Injury Attorney ~ I've Got Answers

David Payne will work your case to get maximum recovery in a prompt fashion. We we take you case, it becomes our case and our worry. Let us help you and call David Payne Injury Attorney.

Cassville Injury Law Southwest Missouri Accident Attorney

Will I hurt the person I am suing by bringing a personal injury claim against them or their insurance?

This is an often asked question by our personal injury clients who deserve compensation for injuries but are afraid that they will do harm to the person who caused their injuries. Virtually all injury claims are handled by insurance company lawyers and paid by insurance, so the person (or company) will not have to pay any money out of their own pocket unless the circumstances are out of the ordinary. Clients often have control as to where our our office collects money.

Do I still have a claim against someone else's insurance if my medical bills were paid by my insurance?

Under the collateral source rule in Missouri, you are entitled to be compensated for your medical bills regardless of whether they have been paid your health insurance. The same logic holds true for lost wages and other losses.

How long will it take for me to receive a financial recovery in my case?

While a definitive answer who be nice here, there is no definite period of time in which a personal injury case will settle or go to trial. Every case has its very own unique set of facts. What we can promise: We will move your case forward towards settlement or verdict at trial in a manner that avoids any unnecessary delays.

Most cases settle and we need to wait until the patient has finished receiving medical care and treatment (or reached maximum medical improvement). We then order any and all remaining medical bills and underlying records from your health care providers. Then, we prepare and submit a demand package to the insurance company, letting them know what WE expect to resolve your claim. We usually receive an offer in a reasonable time period; if not we recommend filing a lawsuit.64588%2C1175074281%2C2.jpg

Again, we take great care to diligently pursue your case with vigor to eliminate any unnecessary delays in resolving your injury case promptly. Your case is our case! We will fight for you to get the highest possible recovery quickly.

We will do everything we can do to move your case forward.

Posted On: April 8, 2008

Trasylol Lawyer Missouri ~ As seen on "60 Minutes" special ~ Drug Recall Lawyer

Trasylol Lawyer Missouri

SOUTHWEST MISSOURI

Trasylol cases are taken on a NO WIN, NO FEE and NO COSTS basis. You have nothing to lose by calling NOW!

If you or a family member may have been injured by Trasylol, please call or contact Cardin & Payne Attorneys. Our lawyers will find out if you took TRASYLOL IF YOU DON'T KNOW.

60 Minutes ran a special on the drug "Trasylol" and the lawyers at Cardin & Payne have chosen to pursue cases against the drug maker and are currently evaluating claims. Bayer, the bad drug's manufacture, markets and sells the drug that has been used during cardiac bypass surgery to help reduce blood loss.

In part, the reason for the 60 minutes show was a January of 2006 study showed an association between Trasylol and kidney failure and death. Shortly afterward, the Mangano Study appeared in the New England Journal of Medicine and affirmed what Bayer had known for decades.

Call NOW: If you had OPEN HEART SURGERY or BYPASS PROCEDURE and then suffered KIDNEY FAILUURE within three (3) months afterwords, Cardin & Payne Lawyers might be able to help you and your family.

Tyasylol (as seen on "60 Minutes") is linked to the following SIDE EFFECTS:

-Heart Attack
-Kidney Damage and Renal Failure
-Stroke
-Death

There are many "smoking guns" in this case.

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Posted On: April 8, 2008

NuvaRing Lawyer Missouri ~ Ortho Evra Attorney Springfield Missouri Area

NuvaRing Lawyer Missouri Ortho Evra Attorney Missouri

NuvaRing and Ortho Evra have been determined by experts to be unnecessarily dangerous. The drug company has withheld information in order to make more money and such decisions have put many young women at risk.

Call David Payne now should you feel as though you need advice. All phone consultations are free and confidential!!

Have you or a loved one suffered any of the side effects while taking the Nuva Ring or Ortho Evra? If so, contact an experienced lawyer to discuss whether you may have a case!

These side effects may include, but are not limited to:

Blood Clots
Strokes
Heart Attacks
Myocardial Infarction
Cerebrovascular Accidents
Pulmonary Embolism
Death

If you have already experienced some of these side effects contact the lawyers of Cardin & Payne for a free and prompt case evaluation.

Posted On: April 8, 2008

Aurora Injury Law ~ Missouri Auto Insurance Attorney ~ Southwest Missouri

Monett Injury Law Cassville Auto Accident Attorney Republic Car Wreck Lawyer

David Payne is an attorney with experience that can help you if you have been injury!

Do I need an attorney to handle my personal injury claim?

You better believe the insurance company representing the person at fault for the accident will have a team of adjusters, investigators and attorneys working against you. The insurance company's goal: pay you as little as possible to settle your claim. If you have a serious personal injury case, you need a qualified Missouri personal injury attorney to ensure that you receive fair compensation.

Contact David Payne for a free and prompt consultation regarding your case.

The good news: according to studies conducted by insurance companies, individuals recover 2 1/2 times more for their auto accident case if they are represented by a qualified personal injury attorney. No matter how nice insurance adjusters may be treating you, they are paid to have one goal in mind: to pay you as little as possible. This is how the insurance company maximizes its profits: pay as little as possible.

Despite slogans such as "You're in Good Hands with Allstate" or "State Farm is There," an insurance adjuster, even one for your own insurance company, does not act in your best interest, nor are they required to behave as such. The insurance company's interests (keeping their money) are fundamentally at odds with accident victims (receiving insurance money for compensation).131473%2C1205587787%2C3.jpg


Insurance companies do not work for you in this adversarial system. If your injuries are significant, there are several reasons why you a good personal injury lawyer. A good lawyer will seek every area of damages that applies to your case, and find ways to support those damages with evidence and documentation that will be admissible in court and persuasive to a jury. The threat of trial (from YOUR lawyer) itself adds power to YOUR case and helps it settle.

PLEASE UNDERSTAND: the insurance company knows that it's almost impossible for an individual to take a serious injury case to trial without an attorney.

Posted On: April 5, 2008

Trasylol Attorney Missouri ~ APROTININ ~ Lawyer for Drug Recall

Contact Cardin & Payne for a free & prompt legal consultation about your Trasylol Lawsuit

Experts report Trasylol (drug generic name: Aprotinin) doubles the risk of kidney failure and stroke and increases the risk of heart failure or heart attack by 55 percent. Aprotinin/Trasylol is an injection during surgery (not an over-the-counter drug) used to prevent excessive blood loss during heart bypass surgery. Aprotinin is linked to causing encephalopathy, degenerative brain diseases.

Are you or a family member eligible for an Trasylol/Aprotinin lawsuit?

Aprotinin is the generic word for the brand name Trasylol.

It didn't have to be this way but GREED reared its ugly head.

The generic alternatives to Trasylol--Amicar (aminocaproic acid) and Cyklokapron (tranexamic acid)--were studied as well. These generic drugs were confirmed through thes studies to be both safe and effective. Expert researchers estimate that if hospitals stopped using Trasylol promptly and instead used the above generic drugs, it would save 9,000 to 11,000 people every year from kidney dialysis.

Greed explained:

The difference in bypass surgery drugs is alarming:
-Trasylol costs $1,300 per dose (manufactured by Bayer AG)
-Amicar costs only $11 per dose (generic)
-Cyklokapron costs $44 per dose (generic)

Bayer made BIG money as a result of deception and malice.

In January 2006, the New England Journal of Medicine published a report about a study revealing the dangerous Trasylol/aprotinin side effects. The maker of Trasylol, Bayer AG, insisted the study was flawed and that the Trasylol is safe.

Eight months later Bayer chose to not disclose the dangers of two recent aprontinin studies to the FDA. On September 29, 2006 Bayer said it had mistakenly (and an oddly fortuitous mistake for Bayer) withheld another study based on 67,000 hospital patient records that suggested the drug could increase the chances of death, serious kidney damage, congestive heart failure, and stroke. Bayer only disclosed their own report and these serious facts after a whistle-blower contacted the Food and Drug Administration (FDA).

If these reports had not come out and the evidence revealed, it could have gotten much worse. What’s really horrifying is that Bayer had been hoping that Trasylol would be used in all types of surgeries.

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CARDIN & PAYNE ATTORNEYS

Do you want to find out if you have a Trasylol/Aprotinin case?


Would you like a Trasylol/aprotinin lawyer to fight for you?

Isn’t it about time to consider the options?

Posted On: April 5, 2008

Missouri Trasylol Lawsuit Filed In St. Louis

TRASYLOL ATTORNEY KIDNEY DAMAGE MISSOURI LAWSUIT DRUG RECALL

A lawsuit has been filed against Bayer AG (maker of Trasylol) over man’s death after open-heart surgery in St. Louis.

A lawsuit has been filed in a St. Louis federal court against Bayer AG, the maker of the anti-bleeding drug Trasylol, on behalf of a man's widow. Her husband died of kidney failure after open-heart surgery.

In December 2005, Samuel Nakis, 81, underwent open-heart surgery at St. Luke’s Hospital. During the surgery he was given Trasylol (generic: aprotinin), a clotting drug used to prevent bleeding. After the surgery, Nakis experienced kidney failure and underwent dialysis and died a short time later.

The FDA approved Trasylol in 1993. In January 2006, the medical journal Transfusion published an article suggesting a link between Trasylol and renal toxicity. Later that same month, the New England Journal of Medicine published an article, by Dr. Dennis Mangano of the nonprofit Ischemia Research and Education Foundation, linking Trasylol to a much higher risk of stroke, heart attack and kidney failure.

Fall 2006: an FDA advisory board met to decide whether the warning on Trasylol needed to be changed and at this meeting Bayer failed to disclose the findings of a Trasylol study it had funded and found grave risks which they failed to report. That study, conducted by Dr. Alexander Walker, a professor at the Harvard School of Public Health, reviewed the hospital records of over 67,000 patients and found that Trasylol had a risk of death 64 percent higher than that of patients who received a comparison drug. Shockingly, it wasn’t until November 2007 that the drug was finally pulled from the market.

The New England Journal of Medicine released the study conducted by Walker and a second study conducted by Duke University Medical Center researchers. Both of which confirmed patients given Trasylol during heart surgery were more likely to die than patients given a comparable drug.

The lawsuit alleges Bayer failed to warn prescribers and consumers of the dangers associated with the drug, defectively designed the drug, fraudulently concealed the dangers of the drug, breached the implied and express warranties and violated the Missouri Merchandising Practices Act and seeks big money.

Cardin & Payne Attorneys are Trasylol Lawyers willing to talk with you about a possible case.

Posted On: April 4, 2008

Trasylol Lawyer Missouri: As seen on "60 Minutes"

Missouri Trasylol Lawyer

Call or contact an attorney NOW!

NOTE: Aprotinin is the generic word for the brand name Trasylol.

If think you or a loved one may have been injured by Trasylol you may have valuable legal rights. Cardin & Payne is evaluating cases wherein heart bypass patients suffered kidney damage or other side effects after their surgery. Many bypass patients may not know what exact medication was used during their surgery. Even if you don't know if Trasylol was used during your surgery, Cardin & Payne will evaluate your case for free.

Please call to complete a Case Evaluation interview by calling one of our attorneys or simply call for a free consultation.

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If you've heard about the "60 Minutes" piece on this but haven't actually seen it, below is the video for your viewing. This is an extremely informative and "jaw dropping" piece.

Posted On: April 4, 2008

Ozarks Personal Injury Lawyer

Cassville Injury Law Southwest Missouri Accident Lawyer Springfield Missouri Injury Law

What geographic areas do you and other firm lawyers take cases from?

David Payne takes cases from all over Missouri, but primarily focus is on Southwest Missouri cases. My law partner is licensed in Missouri and Arkansas, so we do take some Arkansas cases. They are also instances where we can team up with attorneys from other states, if necessary, to provided the best legal representation for our clients

Too many times those injured in a car wreck or other injury believe they can get adequate relief from an insurance adjuster and ultimately are disappointed by the unnecessary delay, constant request for information, and low-ball settlement offers. An experienced personal injury attorney will answer your questions and tell you immediately what will be done to push you case if you call David Payne.

It has been said: You get one chance at justice. Well this is you chance, call now.

Posted On: April 3, 2008

Trasylol Lawyer Springfield Missouri and Ozarks in Southwest Missouri

Cardin & Payne Lawyers ~ Trasylol Injury Attorneys

Cardin & Payne Attorneys ~ Trasylol Injury Lawyers">DRUG RECALL: TRASYLOL pulled for having believed to be responsible for over a 1,000 deaths per month for its use in major heart surgery.

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

Unbelievably, a major study found that Trasylol doubled the risk of kidney failure compared to placebo. If you or a loved one has experienced any 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 which may be substantial.

Trasylol not an over-the-court drug, but rather only administered in a hospital so you may be unaware of its use. By calling a lawyer, the lawyer can find out for you.

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

Kidney failure/damage;
Dialysis;
Heart attack & Stroke; and
Encephalopathy.

If you or a family member or close friend has experienced any of these side effects; contact a Trasylol attorney at the law offices of Cardin & Payne promptly, we can help.

Cardin & Payne ~ "Fighting for your best interests and advocating for justice"

Posted On: April 3, 2008

Branson West Car Accident Lawyer ~ Even More Questions That Bother Them SO

Monett Injury Law Aurora Car Accident Attorney Cassville Auto Insurance Claim

Okay, I've hired an attorney, now what? How is a decision made regarding whether to accept a settlement offer out-of-court or go to trial?

You will meet with our personal injury lawyers to discuss together what would be best for you and your family. Any attorney worth his salt will not to make the decision for you, but to assist you and help to evaluate the offer and provide the information to you, based on our attorneys' years of experience handling personal injury cases in Missouri.

What is the process the insurance company and the insurance adjuster will use when deciding how much money to offer, at least initially? What is the criteria they use to make in its initial offer?

Most insurance companies major insurance providers in Missouri use computer software to determine the value of auto and truck accident cases. Yes, a COMPUTER! The most prolific is one used is Colossusand this computer program values accident cases for insurance companies. Colossus is believed to be used by more than 50 percent of the nation's claims insurance adjusters. 4999%2C1206336071%2C1.jpg
Many of the other insurance companies who don't use Colossus, use a similar program. These programs are designed to minimize the risk of the insurance company and pad their bottom line.

What attorneys must do is provided the best and most DOCUMENTATION to the adjuster so the the adjuster can then feed the monster, Colossus, with the info it needs to spit out a higher number than it would have otherwise.

Essentially, the insurance company inputs the data it receives: relevant medical records, proof of lost wages, the severity of the accident, and where the accident occurred--all based on documentation provided to the adjuster, most of which comes from your attorney.

The computer might give a higher value for a case in Greene County or Jackson County than it would, for example, for the same case in Ozark County or Dade County. It also inputs the taxpayer ID number of your personal injury lawyer which determines if your accident lawyer has a history of taking cases to verdict in Missouri or whether they simply settle all of their cases. Colossus looks to your injuries as described in your medical records, even the way you doctors and health care providers "code" you injuries has a great way of adversely manipulating the monster the Colossus is. One of the most important questions is regarding permanency of your injuries--if proven, permanent injuries have great value to Colossus. Colossus also gives higher values for objective injuries measured by diagnostic testing rather than soft tissue injuries which often involve subjective medical findings

This Colossus calculator does give value for muscle spasm (Colossus gives particular weight in cases without a defined objective injury), restriction on movement, radiating pain, anxiety and/or depression, headaches, dizziness, and any visual disturbance. Colossus also gives higher value to cases where the patient went to the hospital for initial treatment of the injuries.

Colossus then generates a range of settlement values for that case. The problem with Colossus : it does not grasp the complexity of human beings and allow for subjective information. There is no computer program that can ascertain the specific value of a person's pain and suffering, how an injury really impacted a person's daily and future life. There is no way a computer can answer this question.

This is why your attorney must adequately and persuasively articulate why your injures are different. Prepare fight and file a lawsuit, if needed. When your accident lawyer files a lawsuit, sometimes the insurance companies do give a second look to the real trial value of the case, particularly when they know that the accident lawyers handling the case are willing to go to trial.


Posted On: April 2, 2008

Cassville Accident Lawyer ~ UPDATE: Wal-Mart Drops Claim ~ Cassville, Monett, Aurora, Mt. Vernon, Table Rock Lake

David Payne ~ Insurance Claims Lawyer for Plaintiffs

This related story was previously posted on Missouri Injury Attorney Blog.

Oh, happy day ! POWER TO THE PEOPLE! Score one for the good guy! Bad press and public pressure influenced the "right" decision being made...compassion is wonderfully applied by THE corporate giant.

"David A. Payne is an experience injury attorney in Cassville taking serious injury cases."

Wal-Mart has dropped their lawsuit against their disabled former employee Debbie Shank. Wal-Mart was trying to recover hundreds of thousands of dollars from the Jackson, Missouri women's trust it had put into her health insurance trust plan for her care claiming rights to the money under a subrogation provision.

Wal-Mart stated they paid out for the benefit of their employee over $470,000 in medical expenses, and was seeking to get it all back.

The retail giant won in court, including exhausting all appeals, against the Shank family, and was set to collect the money.

After intense negative public pressure (including the all powerful Missouri Injury Attorney Blog), Debbie Shank’s story gained great national publicity, turning into a public relations nightmare for the retail giant.

Wal-Mart has just now sent Jim and Debbie Shank a letter stating they will not collect the money it had won in a lawsuit.

Shank put out a statement saying “It wasn’t me who made this happen, it was the outcry of the people, and if there’s a lesson in this story, it’s that we the people still means something.”

Oh, a feel good story-finally!

Posted On: April 2, 2008

Republic Missouri Car Accident Attorney ~ Herniated Disc from Auto Crash

David Payne is an experienced auto injury lawyer and understands that help is needed at just about every corner for client's to understand the process. Part of that help is giving resource to the client about what is know about their diagnoses. Below is some info a common injury from a car wreck or any injury.

Call David Payne for a prompt and free phone consultation. No Fee, Unless YOU win!!

My doctors have told me I have a herniated disc--What is a herniated disc?

Spinal discs are round cushions that lie in between the vertebrae of the spinal column-we all have them. These discs basically act like little shock absorbers between the vertebrae, cushioning them when we contort our bodies. These discs consist of both an external shell and a liquid substance in the middle. A metaphor often used with juries in personal injury cases is that the discs are like jelly donuts.

If a disc is injured from trauma during an auto accident, the "jelly" may, and often does, leak out of the disc. If the inner core of the disc extrudes back into the spinal canal, it may impact a nerve root and that is where the pain comes in. The weak spot in a disc is directly under the nerve root and a herniated disc can put great pressure on the nerve, which can cause great pain to radiate throughout the whole body.

Where exactly the pain radiates to depends on where the disc herniation occurs. When a patient has a symptomatic herniated disc, the pain is not felt in the disc area; rather, the disc herniation is pinching a nerve in the spine that causes 'radicular' pain. This radicular pain is typically described as a pain that shoots through the body, usually to one area in particular.

Each nerve in the spine is connected to a particular area of the body. This pain can be nerve root pain, or even leg pain if the herniation is in the lumbar (back), or yet still arm pain from a cervical (neck) herniated disc.

A herniated disc is rarely diagnosed in the ER after an auto crash. This is because the disc is invisible on an x-ray and a patient typically needs a CT scan or MRI test so that a physician can pick up a disc herniation. A discography, myelography, or an electromyography are sometimes also used to diagnose herniated discs.

However, even is diagnosed with a herniated disc, it is worth noting that most experts agree that these diagnostic tests cannot diagnose the injury victim's pain. There is no clear cut correlation between the degree of the herniation and the patient pain symptoms.

What is a herniated disc case worth by settlement or at trial?

Sorry, I can't give a definitive answer. The answer, naturally, is that it depends on the injury and overall facts and circumstances of the case. Some herniated disc injuries leave a patient in constant pain for the rest of their lives. Some try traction, steroid injections, therapy and surgery and still find themselves in pain that will last a lifetime. 169471%2C1205708232%2C1.jpg


The more complicated cases involve preexisting injuries of the victim. A favorite tactic of lawyers defending personal injury cases on behalf of the insurance companies involving herniated discs is pointing the finger at preexisting degenerative problems with a patient's spine, such as spinal stenosis, osteoarthritis, and spondylolisthesis. Most of these are conditions that begin in many people in their early 30s and are not related to trauma and often accompanied with pain of any kind.

Therefore, it must be established that the patient's problems are not due to the degenerative condition, but to the trauma sustained in the accident.

All of this begs the question of what happens when a person has a preexisting herniated disc or some type of degenerative changes and was asymptomatic (without symptoms) before the accident.

If you have either one of these issues, you and your attorney must be able to clearly articulate the difference between your problems and treatment before the auto accident and your current condition. If there is no difference in your condition after the accident, your chances of a substantial recovery may very well diminish dramatically. On the other hand, if there is a notable difference in your way of life after the accident that would not have occurred in the absence of the auto accident, your chance of a quality settlement will likely increases dramatically.

Call David Payne for more information and advice from a local personal injury attorney in Missouri.

Posted On: April 1, 2008

TRASYLOL LAWYER Springfield Missouri Area

DRUG RECALL: Trasylol

David Payne, Attorney at Law

Call now to speak with a local Missouri lawyer abut TRASYSLOL at 417.847.4559 or 800.569.7321

The call is free and you will be under no obligation to go beyond having your questions addressed. Substantial compensation may be available for you or a family member.

If you had OPEN HEART SURGERY or BYPASS PROCEDURE and then suffered KIDNEY FAILUURE within three (3) months afterwords, we might be able to help.

Tyasylol is linked to (as seen on "60 Minutes") kidney failure and the following:

-Heart Attack
-Kidney and Renal Failure
-Stroke
-Death

"60 Minutes" reported in February 2008 how the drug's manufacturer (Bayer) conducted a Trasylol study led by a prominent Harvard physician and deceptively kept the negative research findings from the public and, specifically, the FDA. This deception led to a delay in the recall and allowed Bayer to boost sales and dominate the cardiac and surgery market. Knowing of Trayslol's serious adverse health effects long before the recall, Bayer did nothing! Their inaction led experts to estimated that the drug contributed to the completely unnecessary and preventable loss of a thousand lives per month.


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Posted On: April 1, 2008

Branson Car Wreck Law~Questions Answered

"David Payne and the lawyers at Cardin & Payne are ready to talk with you about your car wreck."

~Nixa, Ozark, Republic, Aurora, Monett, Cassville, Mt. Vernon are all areas in which David Payne takes cases~


Will I have to go to court to recover money? What about an out-of-court settlement?

If there is no settlement offer, obviously you must either go to trial or get nothing. In most all cases, the choice is yours because there will be a settlement offer on the table. Because I carefully screen personal injury cases and because I have a reputation with insurance companies for getting excellent recoveries for my clients, the vast majority of our clients receive reasonable offers to settle before trial. Because of the factors involved, it is virtually impossible to predict whether your particular case is one that will be settled or one which must be decided by in court by a jury.

How much of my time after I hire a lawyer will my matter take before I get results?

Surprisingly, most personal injury claims will not require a great deal of time from the client, unless it goes all the way to trial and then, your time will be greater. After the initial interview, your lawyer will do almost all of the work for you regarding the claim, but not all the work. Your problems become the concerns the attorney you hire. Your job is to recover and heal from your injuries from the accident if you have not already done so. The final trial preparation process will require more of a time commitment from you if your injuries are substantial and/or complex.

How much money is my case worth? What is the value of my case?

Predicting the trial value of any Missouri personal injury case is almost impossible. There are too many factors that can affect the value of a case to speculate with any certain degree of accuracy. Your attorney can only give you a very general idea of the value of your case based on cases he/she has handled with similar injuries and will not be able to predict the specific amount of recovery. With all that said, I should be able to provide a general settlement range that can reasonably be expected after review of your personal injury case.

In 2005, a company that analyzes nationwide jury verdicts in personal injury cases did a study that found that the nationwide median jury award in a personal injury case was $38,461 and the nationwide plaintiff recovery probability was 55 percent. However, Missouri personal injury cases resulted in a lower average award.

What if I am hit by a driver who flees the scene of the accident?

In Missouri, if you suffer injuries from the negligence of a hit-and-run driver, you may still be able to recover for your lost wages, medical bills, and pain and suffering as if you knew the identity of the driver by bringing a claim under your own insurance policy's uninsured motorist provision. The law treats that phantom vehicle as an uninsured driver and you recover under your own insurance policy that was put in place to cover such instances. 13653921.jpg

How long do I have to bring a case? Can I sit back and wait and decide what to do?

You must file your case within the Missouri Statute of Limitations, a fixed period of time dictated by the law. It is imperative that you call an experienced Missouri lawyer for an explanation of these time limits, always consult with a lawyer experienced in these matters.

Call David A. Payne at 417 847 7516 or get a hold of him online and you will speak with an experience injury attorney.