Missouri Injury Attorney Blog

My Grandpa Joe is definitely "Old School." He is slow to come around to "modern" theories, including theories of safety. One particular example, the need for seat belts. Auto accident attorneys see all too frequently the dangers of not wearing a seat belt. But every once in awhile he will hear about someone surviving a car wreck that was not wearing a seat belt and THAT is what saved them. These examples re-enforces his ideology. But those are few and far between.

Experienced personal injury lawyers know seat belts save lives and limit the severity of the injuries.

As a rancher, Grandpa Joe knows that anything can happen, that you can't control what you can't control and that ultimately playing the odds is the way to go. When playing the odds, choosing to buckle up is the "smart" way to go.

Compared with a 1,300 to 1 chance when wearing a seat belt, a person has a 31 to 1 chance of dying in a car wreck when not buckled up. Now, Grandpa...where should the smart money be played?

Recently in one Missouri county, Jefferson County, there have been seven crashes with fatalities since March 29, 2008. The crashes all have one common thread: the eight who died were not wearing seat belts.

A recent study posted the National Highway Transportation Safety website showed that 55 percent of the nation's fatalities ages 16 and older were people not wearing a seat belt. Wow, that is a number to take note of.

Reports of the Missouri State Highway Patrol (MSHP) showed that of the drivers of cars, trucks, vans and motor homes killed in 2006 in Missouri, only 29.2 percent were wearing their seat belts. Only 30 percent of the passengers killed were buckled up. The big number is that the data shows that 96 percent of people wearing a seat belt escaped with little or no injury.

According to the MSHP, those who don't buckle up have a one in four chance of being injured and a one in 31 chance of being killed. For those who wear seat belts, the odds jump to a one in 1,300 chance of a fatality.

Furthermore, the advent of air bags has fooled some people into thinking seat belts are no longer necessary.

That's simply not true. Air bags will help keep you stationary in a front or side impact crash, but air bags will not keep you from being ejected during a roll-over. People need to use their seat belts whether their cars are equipped with air bags.

The MSHP's 2006 statistics show people involved in roll-over crashes, only 3 percent of those ejected were wearing seat belts and 51 percent of those partially ejected were wearing seat belts.

People, including my beloved Grandpa Joe, argue wearing a seat belt if their car catches on fire or goes into the water would be a bad idea. This argument doesn't hold water--pardon the pun. While it's true a seat belt is probably not going to save someone from being killed if they're hit by a train, less than 1/2 of 1 percent of accidents result with a fire or in the water.

Again, proof positive that the smart money is on wearing a seat belt. Play it smart, strap on your seat belt and encourage you loved ones to do the same.

Keep it safe out there!

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Posted In: Advice for the Injured

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According to the Food and Drug Administration, Avandia, a popular drug used by diabetic patients, should no longer be sold. Looking for a lawyer to help if you have been injured can start by looking locally. Not only does the drug put patients at risk for heart conditions, but it also has been proven not to be too effective when it comes to the control of diabetes.

The popular diabetes drug Avandia (generic: rosiglizatone), manufactured and marketed by GlaxoSmithKline has recently intense scrutiny after a study showed an increased risk of heart attack, stroke, and other injuries associated with its use.
A black box warning is the most serious type of warning that a drug can have and this type of warning was recently added to the drug's labeling.

GlaxoSmithKline also has warned doctors about Avandia causing macular edema. Macular edema causing eye swelling and creates a buildup of protein. The lawyers at Cardin & Payne are also looking at macular edema cases caused by those prescribed Avandia. If you or anyone you know has experienced an adverse event due to Avandia, contact one of the lawyers at Cardin & Payne TODAY to discuss your case.

Below is a helpful and informative video produced by another law firm looking to help clients. You need not call the firm who made the video if you are looking for a lawyer in Missouri, you can call me or contact me online for a free and prompt case evaluation.

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Posted In: Pharmaceutical Drugs

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A sad and tragic story. The death of an innocent child is the hardest to take. A 5-year old Carthage child, Enoc N. Castanon, died Monday afternoon in crash involving the car he was riding in and a tractor-trailer on a Jasper County highway as reported by the Missouri Highway Patrol. The vehicle in which Castonon was a passenger slowed to make a left turn when the 18-wheeler driven by Betty J. Ray began to pass Castonon's car and as the car turned the truck struck the car.

David Payne is a Southwest Missouri Injury Lawyer who fights for the families of injured victims from Truck Accidents.

This is the story from the Springfield News-Leader about the wrongful death.

There were five other people who suffered injuries in the late afternoon crash on Mo. 96 and Route BB five miles east of Carthage and they were Silvia G. Castanon, 37, who suffered minor injuries; Adelfi Castanon, 3, minor injuries; Edwin J. Vasquez, 12, minor injuries; Keila R. Vasquez, Vasquez, 7, minor injuries; and Leslie N. Vasquez, 9.

All injured victims were taken to McCune Brooks Hospital in Carthage for treatment.

The accident occurred when a southbound 1996 Pontiac driven by Silvia G. Castanon was being followed by a 2007 Freightliner rig driven by Betty J. Ray, 59, of Neosho, the patrol reported.

18-wheelers and large commercial trucks are extremely dangerous and injuries from their wreck often severe. The Missouri Highway Patrol reports hundreds of people are killed on Missouri roads every year as a result of negligent driving of commercial trucks.

NOTE: Accidents involving 18-wheelers and commercial trucks are given special attention by insurance adjusters and attorneys for the driver's company because of the high risk they know they are exposed to. The insurance companies and their lawyers want to limit their financial exposure.

I have experience with helping families after these types of wrecks and believe it imperative that an attorney be hired as soon as possible to represent the folks who are injured as a result of the negligence of commercial drivers.

I will work for you in seeing that the negligent driver and the trucking company is held accountable for the devastating effects that your injury or loss has caused.

If you or a family member has been injured by a negligent commercial driver, please contact a personal injury attorney with experience and have your legal rights and options explained to you. Call me today and I will give you a clear explanation of what I can do for you.

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Posted In: Auto Accident

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A Houston, Missouri man was killed Wednesday in a Texas County crash according to the report from the Missouri Highway Patrol. Any experienced personal injury attorney would be willing to talk with the family members of the deceased to see if there is a possible financial recovery. There are going to be many auto insurance issues stemming from a wreck like this one. Where negligence and insurance exists there is typically money to recover.

The Springfield News-Leader story is available as is the Missouri Highway Patrol Accident Report.

Reportedly, the wreck occurred on Missouri 17, two miles south of Success, when the 2006 Ford driven by Ennis Lee, 42, of Houston crossed the center line and struck the 1999 Chevrolet driven by Sarah James, 26, of Mountain View nearly head-on.

Tragically, Lee was killed in the crash and was reportedly not wearing his seat belt, according to the patrol.

The other driver, James, suffered what the Patrol classified as moderate injuries and was taken to nearby Texas County Memorial Hospital in Houston and she was reportedly wearing a seat belt.

Missouri allows family members to recover money from an individual, insurance company or corporation that is legally liable for a loved one's death. Missouri law specifically states what damages are recoverable as a result of a wrongful death and an experienced personal injury lawyer know the value of a wrongful death claim can range greatly depending on the specific facts of a particular case.

With that said, Missouri courts and juries have a strong history of placing a high value on human life.

To best position your family following a wrongful death, you will need more than the compassion of the party at fault and more that the compassion of the insurance adjuster handling the claim. You will need the experience, knowledge and passion of an experienced personal injury attorney with the resources available to maximize your recover and compensation.

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Posted In: Auto Accident

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There is good reason why you are seeing so many TV ads from lawyers wanting to talk to those who might have taken Trasylol. Trasylol is a dangerous drug that was marketed with deceit in order to make profit for the drug company--the public pays the price. Death, kidney failure, stroke and other major health risk all result unnecessarily from Trasylol and those wondering if they or a family member was effected should contact a lawyer NOW to discuss their options.

On May 14, 2008, the FDA announced that Bayer has agreed to remove Trasylol stockpiles from the U.S. market including warehouses, hospitals and doctor offices.

David Payne is a Springfield Missouri area attorney that is taking Trasylol cases.

The maker of the recalled drug Trasylol, Bayer, previously planned to bring the drug back after the release of a major study they were relying on to provide positive data. However, they study did not turn out the way they were hoping. In November 2007, Bayer suspended sales of Trasylol (aprotinin) pending the outcome of a large Canadian clinical trial known as BART.

In October, because of ethical concerns BART had to be suspended early when data began showing a higher risk of death among patients on Trasylol, given during high-risk heart surgery. The Ottawa Health Research Institute stopped enrolling patients all together for this study.

Evidence supporting the stoppage of the study and BART’s results have been compiled and released in the New England Journal of Medicine.

This article confirms earlier findings that Trasylol led to an increase in the chance of death by 54 percent when compared to the other two drugs commonly used during heart surgery to cut down on excessive bleeding.

Of patients given Trasylol, six percent died within 30 days compared to patients on the standard and less expensive treatments!

Among those who died, the patients with complications including heart attacks after surgery was higher in the Trasylol group when compared to patients on the other two drugs.

The Canadian BART study involved 2,331 patients at 19 cardiac centers. Researchers conclude that while Trasylol was marginally effective, the risks do not outweigh the benefits.

Lead author, Paul Hébert, critical-care physician at the Ottawa Hospital in Ottawa, says the drug should not be used for high-risk cardiac surgery patients. "This study could have been done by the company five to ten years ago." The part that really turns your stomach, the cost of Trasylol at $1,400 doesn’t compare to $4 for aminocaproic acid.It’s estimated 200,000 patients were given Trasylol in 2006 alone.

A renowned researcher calculates that 22,000 patients could have been saved if the Food and Drug Administration removed the heart surgery drug, Trasylol two years ago, when his study revealed patients on the drug double their risk of kidney failure, heart failure and had a 181 percent increase in the risk of stroke.

Dr. Dennis Mangano, tells 60 Minutes that Bayer, failed to tell the FDA about negative results of its own Trasylol study and that the company’s failure placed the drug’s success before patient well-being.

Mangano: "Good medicine demands that you protect the patient. That’s the issue here and not the drug and not the profit margin."

So far, there are 83 U.S. lawsuits filed against Bayer over Trasylol with attorney promising there are much more to follow.

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Posted In: Trasylol

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Indeed, we are good people. Americans help those in need. Americans have a great sense of fairness and are willing to balance the scales of justice by giving and by investing time for a good cause.

This sense of fairness is the bedrock of our jury system and is what I rely on when taking a client's case in front of a jury. When I ask that a jury "set things right" for a client, I know I must make my case and that I must appeal to the jury's sensibilities.

I have great faith in juries and in the American judicial system. It is a system that works when all those responsible for seeing that it works does their jobs. The founding fathers of our country set up a system that had checks and balances. The balance of power ultimately will prevail and the greatest good will result.

Below is a video which addresses the great American heart and underlines what a free country is capable of when driven to do what is right. God Bless America.

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Posted In: General

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Illegal drugs get a sizable amount of the attention when our society talks about drug problems. However, prescription drugs are an increasingly more lethal habit and risky venture. Furthermore, the misconduct of corporate drug companies when they lie about their drugs effectiveness and hide the adverse side effects only adds to this daunting epidemic. This lawyer thinks our prescription drug problem and its many faces will be our "War on Drugs" in the upcoming decades.

Plaintiff's lawyers nationwide are ready and geared up for the battle to protect consumer rights. Here is some information from a study out of Florida.

Fact: an analysis of autopsies in 2007 released this week by the Florida Medical Examiners Commission found that the rate of deaths caused by prescription drugs was three times the rate of deaths caused by all illegal drugs combined.

Prescription drugs are available because the drug companies market them and doctors prescribe them. The Missouri Injury Attorney Blog believes that these drugs are over prescribed and therefore more drugs are available to the public and available for misuse. Studies suggest that parents of teens need to worry more about their teen's access to a drug cabinet in the home than to a pusher on the corner.

Law enforcement officials are saying the shift toward prescription-drug abuse shows no sign of letting up and that the problem is only getting worse.

“You have health care providers involved, you have doctor shoppers, and then there are crimes like robbing drug shipments,” said a drug intelligence inspector for the Florida Department of Law Enforcement, Jeff Beasley, which co-sponsored the study. “There is a multitude of ways to get these drugs, and that’s what makes things complicated.”

The report’s findings mirror studies by the federal Drug Enforcement Administration, which has found that roughly seven million Americans are abusing prescription drugs in one form or another. If these projections are accurate, that would be an increase of 80 percent in six years and more than the numbers abusing cocaine, heroin, hallucinogens, Ecstasy and inhalants.

The Florida report analyzed 168,900 deaths in the state. Cocaine, heroin and all methamphetamines caused 989 deaths, it found, while legal opioids — strong painkillers in brand-name drugs like Vicodin and OxyContin — caused 2,328.

Drugs like Valium and Xanax, led to 743 deaths. Alcohol was the most commonly occurring drug appearing in the bodies of 4,179 of the dead and ruled responsible for 466 — fewer than cocaine (843) but more than methamphetamine (25) and marijuana (0). Wow! Who would have thought that!

The study also found deaths related to the opioid oxycodone increased 36 percent, to 1,253.

“The abuse has reached epidemic proportions,” said Lisa McElhaney, a sergeant in the pharmaceutical drug diversion unit of the Broward County Sheriff’s Office. “It’s just explosive.”

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Posted In: Pharmaceutical Drugs

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A two-car accident on June 15, 2008 at about 4:30 p.m. in Barry County on Route Z at Pleasant Ridge resulted in serious injuries to one passenger and minor injuries to four others. Jonathan Gemmecke, 28, of Wheaton was seriously injured in the accident and was taken to St. Johns Hospital of Joplin. This an accident in which an experienced personal injury lawyer can help the victims.

Gemmecke was the driver of 1993 Toyota that crossed the center line and struck the vehicle driven by Matthew Karr a 2007 Dodge truck, according to the accident report of the Missouri Highway Patrol. Gemmecke's vehicle then overturned in the ditch and resulted in Gemmecke being ejected.

Karr and his three occupants, his wife and two children, were take to Cox Monett Hospital--all with what was described as minor injuries.

For those injured in a car accident it is imperative to immediately contact an attorney with experience in personal injury so as to preserve valuable legal rights and receive the valuable advice needed to have peace of mind while recovering from the accident.

Those injured will need legal guidance regarding how to obtain proper and necessary medical treatment and an experienced personal injury attorney in Barry County can help. Generally, good advice is to seek out advice from your family doctor and follow through with their recommendations. Following the advice of medical professionals is necessary to insure your health's recovery and any eventual financial recovery.

Experienced accident lawyers report one of the most common mistakes is that injured people will not get the medical care they need. The result this type of decision can have is a devastating effect on your health and your financial recovery.

If you cannot afford medical treatment, a lawyer may be able to assist you in finding medical care providers that will treat your injuries based upon a lien the provider would have on your eventual financial recovery from the insurance company. Such an agreement will help guarantee you get the full medical attention you deserve and avoid bills from piling up and going into collection status

Call David Payne, Cassville Personal Injury Attorney, for a free consultation.

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Posted In: Auto Accident

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Happy Father's Day to all dads out there. Take the day to laugh with your kids, to call the old man and thank him for all his fatherly advice and to reflect on and realign our mission to raise our children.

Fathers today have a difficult task of helping our children understand what all the information they receive really means. Dad: keep it as simple as possible. Good advise is to send a clear message and help your children have clear goals.

Enjoy this video with a good laugh:

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Posted In: Lighter Side

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Dog bites and vicious dog attacks are getting noticed in the courts as evidenced by the HUGE ruling in a Jackson County Missouri court. On Tuesday, Alan L. Hill, who suffered severe injuries when viciously attacked by a group of pit bulls, was awarded $7.25 million by Circuit Judge Vernon E. Scoville of Jackson County, Missouri. This is proof positive of the benefits of hiring an attorney after an injury. The May 4, 2006, attacks against Hill and two other men sparked an outcry for tougher laws on dangerous dogs in Independence. The plaintiff's attorney was also successful in obtaining a consortium claim award for $300,000 to Hill’s wife, Connie Hill.

I would say that the plaintiffs are pleased so far with the efforts of their attorney, Paul L. Redfearn, III.

Circuit Judge Scoville ruled that several defendants should have known of the dogs’ “vicious propensities and tendency to injure persons. …,” and therefore found them liable for the damages sustained by the Plaintiff.

Defendants were Brittnee Ann Wisdom and James K. Knowles — owners of the property the pit bulls escaped from — and Wisdom’s mother, Nancy J. Wisdom. Also added to the lawsuit as third-party defendants were Paul Piper, owner of the dogs, and Bryan Smith, a handyman previously convicted of criminal charges in the case.

The facts of the case are pretty nasty. Hill nearly died. He remained hospitalized on a feeding tube for more than a month.

The judge found the attack caused permanent disfigurement and disabling injuries to Hill which included complex facial lacerations, extensive lacerations to his upper and lower extremities, and multi-system organ failure. Hill’s medical bills were greater than $500,000, and his loss of direct and future income was estimated at more than $1 million.

As could be expected, the civil case brought new light on the attacks, including the fact that the Wisdoms and Knowles all tried to contact animal control to have the dogs removed in the days before the dogs’ rampage. Interestingly enough, Brittnee Wisdom even left more than one note for Piper, telling him that he needed to have the dogs fenced in or restrained in a cage.

“I just rented the place out and the people have small children,” Wisdom wrote.

Earlier on the day of the attacks, the Wisdoms drove to the house to meet animal-control officers and have the dogs removed. However, the officers already had left by the time the Wisdoms arrived. The mother later called Smith to ask him to unlock the dogs for animal control. Which apparently happened, but he also left a window open, and the dogs escaped. Police eventually were able to locate the dogs and had the dogs killed.

On the criminal court side, Smith was sentenced to a year in jail for misdemeanor assault and was to serve 100 days in jail as shock time. Piper also was convicted by the municipal criminal court.

This is another horrifying case were the reckless behavior of dog owners led to serious and life-altering injuries. If you believe you might have a case worth pursuing, call or contact an experienced personal injury attorney in your area for a meeting to discuss your options.

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Posted In: Verdicts & Settlements

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Police chase that ended with two Aurora, Missouri teens dead leaves many questions unanswered. While the final investigative report is not yet complete, the Highway Patrol should release this report soon, the facts we do know about the wreck that ended a police chase gives rise to possible civil lawsuits. There maybe lawsuits or insurance claims available for family members to pursue should they chose to look into holding those at fault for the deaths financially responsible.

The facts known now are that two Aurora teens died at about 2:21 a.m. in a one-car crash during a police chase. Caleb M. Dunning, 18, and Brian T. Williams, died in the crash on Washington Street south of Business 60 and left morning family members and friends behind. A TV reports suggested one of the young men had a young child.

Dunning was the driver of a southbound 1997 Ford Mustang that ran off the left side of the road and hit a utility pole and tree as Aurora police were in pursuit. It is also reported that neither Dunning nor Williams were wearing seat belts.

The Aurora Police Chief Rick Batson said, “It does appear that everything was handled appropriately by the officer."

“We’ve taken a look at it,” said Police Chief Batson, who also, interestingly enough, serves as Aurora’s city manager. Batson has not reviewed the Highway Patrol's report whereas it is not out yet, but has spoken with the officers on duty at the time and reviewed internal evidence.

Claiming the chase lasted only about 3/4 of a mile, the police chief added, “It was a police chase of very short duration,” he said,

He said the car’s driver, Caleb M. Dunning, fled when an officer turned on his emergency lights to pull over Dunning’s 1997 Ford Mustang. He said the officer was three to four blocks behind Dunning’s car when it apparently lost control, ran off the road and struck a tree and utility pole. The officer pursued but did not drive at an excessive speed, Batson said.

An experienced personal injury lawyer will look into a possible civil rights violation and into auto insurance that might apply.

This is a tragedy and my thoughts and prayers go out to the families of these two young men.

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Posted In: Civil Rights

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Jarub Baird has been found guilty of second-degree involuntary manslaughter and second-degree assault as a result of the auto accident that killed a young Missouri teen according to a Joplin Globe report. Another chapter in the death of a Missouri teen has come to a close with the conviction of the person who drove the vehicle in which she lost her life Dec. 8, 2006. There is a wrongful death trial pending in Jasper County Circuit Court against Baird filed by Smallwood’s parents – Andrew and Deborah Smallwood.

If you or a family member has been injured in a car accident and would like to speak with an experienced personal injury attorney, call David Payne or contact him online.

In Missouri, as with most states, family members are able to recover money from an individual, insurance company or corporation that is legally liable for a loved one's death. The Missouri law, which is a statutory creature, specifically states what damages are recoverable in a wrongful death lawsuit. The value of a wrongful death lawsuit can and often does vary greatly depending on the specific facts of each particular case. However, Missouri courts and juries have a history of placing a very high value on human life.

A Stone County jury found 18-year-old Baird of Carthage guilty of second-degree involuntary manslaughter and second-degree assault as a result of the accident that killed Smallwood and injured two other Carthage teenage girls.

Also injured was passenger Calee Houlihan, who was sitting in the front seat of the vehicle, and fortunately she suffered only minor injuries. The car left the road, sheared a utility pole off at its base, slammed through a barbed-wire fence line and rolled about 100 yards before coming to rest on its side in a snow-covered field.

Three of the four teenagers in the Mazda Millenia, including Baird, who was 17, were not wearing seat belts and were thrown from the vehicle. Smallwood, who was sitting in the back seat with Johnson, then 16, was thrown through the car’s windshield and died at the scene.

Johnson suffered a brain injury, a broken femur among other injuries. Baird walked away with only minor injuries. Houlihan, who was sitting in the front passenger seat and had put on her seat belt only moments before the crash, also suffered only minor injuries.

The state's attorney claimed that Baird was driving at an excessive rate of speed – at least 100 miles per hour – when he left the roadway. According to testimony, the car's other occupants had seen the speedometer read 110 mph before the accident.

According to the trial testimony of Missouri State Highway patrol accident reconstruction expert Lt. Albert Brown the vehicle was traveling at least 99 mph. However, Baird’s attorneys said Baird had volunteered to drive because the others had been drinking and Baird offered to be the designated driver.

As a result of the jury's conviction, Judge Gayle Crane of Jasper County Circuit court ordered a pre-sentence investigation and designated Aug. 14 as the date for sentencing.

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Posted In: Auto Accident

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Having friends in high places is good. And for Missouri Trayslol clients, the news is good. The home-state team has the St. Louis law firm of Carey & Danis sitting in on the Plaintiffs' Steering Committee.

John J. Carey of Carey & Danis has been appointed to serve as a member of the plaintiffs’ steering committee in the multidistrict Trasylol litigation pending before a Florida federal court. “Our firm is honored to fill this important role on behalf of Trasylol victims and their families. Having served as lead counsel or steering committee members in several pharmaceutical cases, we understand that swift justice requires efficient case management,” commented Carey of the appointment.

U.S. District Court Judge Donald M. Middlebrooks entered the order announcing the plaintiffs’ steering committee, which is responsible for managing and conducting the pretrial proceedings, in the cases of Trasylol products liability litigation.

Judge Middlebrooks has a reputation for being conscientious and hard-working and as early as next summer hopes to be trying Trasylol cases. The venue is also known for having fair juries.

The U.S. Food and Drug Administration approved Trasylol way back in 1993.
But since 2006, three studies have linked the clotting drug to an increased risk of stroke, heart attack and kidney failure. Then on May 14, the New England Journal of Medicine published the BART study, which revealed that patients given Trasylol had a death rate 53 percent higher than that of heart-surgery patients given cheaper competing drugs.

These facts reveal the worse of irresponsible and dangerous corporate greed!!

Danis' firm currently has 13 cases involving Bayer’s anti-bleeding drug Trasylol (aprotinin) pending in the multidistrict litigation.

The complaints filed with the courts claim that 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 various state laws.

The plaintiffs are seeking compensatory damages and damages for aggravating circumstances.

The firm anticipates filing an additional 50 cases in the near future involving heart-surgery patients who suffered kidney failure after receiving Trasylol.

Call a Missouri Trayslol attorney for more information.

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Posted In: Trasylol

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A recent article in the Springfield News-Leader discusses the importance of good and proper communication with your doctor and other health care providers. As a personal injury attorney in Missouri, I have so advised my clients for years that complete and direct disclosure of all pains, symptoms and concerns is a MUST to maximize the benefits from health care. Responsibity and accountability are key words I focus on when preparing a client's claim. I argue that the other party must be responsible and accountable for what they did to cause the injury.

Likewise, a lawyer's client's must too be responsible and accountable for getting healthy once fate has given they this unexpected twist. In order to be responsible for yourself and your family, good communication is critical. Lack this one crucial skill, you may get lousy medical care.

"The old technique of having a conversation is 99 perce