Posted On: August 30, 2009

Southwest MO Man Is Seriously Hurt In Motorcycle Crash Near Joplin

A Webb City gentleman was seriously injured in a Jasper County motorcycle accident on Tuesday, July 21, according to a report from the Missouri State Highway Patrol.

Sean D. Gaines, 20, was southbound on County Road 230 about a half a mile north of Webb City when a northbound 2003 Chevrolet, driven by Laura R. Hoog, 45, also of Webb City failed to yield to Gaines while making a left turn off the roadway. Hoog collided with Gaines in the southbound lane. Gaines was then taken by ambulance to Freeman West Hospital in Joplin, MO with serious personal injuries.

According the MSHP, there were a total of 2,396 motorcycle-involved accidents in Missouri in 2007. In these accidents, a total of 2,068 people suffered personal injuries and 91 people lost their lives.

My heart goes out to this injured victim. I hope that Sean makes a quick and complete recovery. Please keep him in your thoughts and prayers.

Families, like that of Sean Gaines, would be well-advised to contact an experienced Missouri motorcycle accident attorney like David Payne. David will fight for your rights and determine whether negligence or reckless driving on the part of the vehicle caused the collision.

In cases, such as this one, where negligence or wrongdoing is involved, victims and their families could receive compensation from the party at fault for things that include, but are not limited to the following:

•Medical costs
•Funeral costs
•Loss of wages
•Cost of physical therapy
•Emotional suffering
•Other expenses relating to the accident

Call David Payne at 417.847.7516 anytime for a free and comprehensive consultation.

Posted On: August 28, 2009

Chrysler Accepts Responsibility For Injuries From Vehicles Manufactured Pre-Bankruptcy

Chrysler will now accept responsibility for defects that cause injury post-bankruptcy resulting from vehicles that were built by the old company pre-bankruptcy.

This change in position is to be commended. Chrysler's letter to Congress was sent on August 27, 2009 under immense political pressure, no doubt.

Thanks to the consumer rights lobby for a job well done. c1.jpg

Posted On: August 27, 2009

Southwest Missouri Teenager Is Seriously Injured In A Hit-And-Run Near Joplin

Kiyle J. Chiou, 18, of Carl Junction, MO suffered personal injuries in a Missouri pedestrian accident after he was struck by a hit-and-run driver on July 19. Victims and their families, who have been injured or killed due to the negligence of another party, would be advised to contact an experienced Missouri personal injury lawyer at David Payne Law.

According to a report from the Missouri State Highway Patrol, Chiou was walking southbound in the northbound lane of Route JJ, which is about four miles north of Joplin. According to Chiou, an unknown vehicle, traveling northbound, struck him and left the scene. Chiou was then transported to Freeman West Hospital in Joplin with minor injuries.

Please keep Mr. Chiou in your thoughts and prayers as we wish him the best in a full and quick recovery.

Hit-and-run or fleeing the scene of an accident is a serious offense in the state of Missouri. The law clearly states that any driver involved in a traffic accident in Missouri must stop at the scene of that accident. Drivers are required to show proper identification and give contact and car insurance information to the all parties involved. Leaving the scene because of panic or stress is not a valid excuse.

Missouri Revised Statute 577.060 states: Leaving the scene of a motor vehicle accident is a class A misdemeanor, except that it shall be a class D felony if the accident resulted in:

•Physical injury to another party
•Property damage in excess of $1,000
•If the defendant has previously pled guilty to or been found guilty of a violation of this section.

Call now to consult with an experienced Missouri personal injury lawyer at David Payne Law. David will analyze all aspects of your pedestrian accident and will work to see that the negligent parties are held accountable for their actions.

If there was a dangerous condition on the road, which could have caused the accident, the government agency responsible for maintaining that road could be held liable.

If you or a loved one has been injured or killed due to the negligence of another party in a Missouri hit-and-run accident, please contact David Payne for an outline of your legal rights and options.

Contact David Payne anytime at 417.847.7516 for a free, no-obligation consultation.

Posted On: August 26, 2009

A Highway 96 Crash Near I-44 Leaves An Ozarks Woman Dead After Her Ford Explorer Overturned

A MO-96 SUV rollover accident in Lawrence County leaves a Carthage woman with fatal injuries, according to a crash report from the Missouri State Highway Patrol.

On the morning of Wednesday, July 22, Leslie D. Laney, 48, was westbound on Missouri Highway 96 about five miles west of Halltown when her 1999 Ford Explorer ran off of the left side of the road. She overcorrected, ran off the right side of the highway and overturned. Laney was pronounced dead at the scene be Deputy Coroner Scott Lakin.

My deepest sympathies are extended to the loved ones of Leslie Laney. Please keep them in your thoughts and prayers.

This makes the 57th fatality for Troop D in 2009.

According to the Missouri State Highway Patrol there were 102 fatalities in Missouri in the year 2007 due to the vehicle overturning. There were 2,081 rollover accidents that resulted in the occupants receiving personal injuries. Out of the 3,535 rollover accidents in Missouri, about 62% percent of those resulted in victims receiving personal or fatal injuries.

Based on the information from the highway patrol’s report, it appears that Laney lost control of her vehicle causing the SUV to veer off the roadway. There is no indication that she was speeding, fatigued, or under the influence of drugs or alcohol.

The question appears to be why did she lose control of her Ford Explorer? Was there a mechanical problem or a defective auto product that caused this rollover crash? Did a dangerous condition on the highway cause it? Was she run off the road by another vehicle?

In cases where negligence or wrongdoing is involved, then the families of deceased auto accident victims would be able to file a wrongful death claim that seeks compensation for things such as:

•Funeral costs
•Medical costs
•Loss of earnings
•Other cost relating to the accident

Families of victims in cases like these would be prudent to consult with experienced Missouri SUV rollover lawyer David Payne. David will analyze all aspects of the accident and pinpoint the cause. If it was a defective auto product that was responsible, the auto manufacturer could be held liable for the accident and the resulting injuries. If a dangerous road condition was the cause, then the government agency responsible for maintaining the roadway would be held liable.

Contact David Payne at 417.847.7516 anytime for a free, no-obligation consultation.

David Payne will lay out your legal rights and advise you on the best options regarding your claim.

Posted On: August 25, 2009

BabySwede, LLC Announces Recall Of Defective Babysitter Balance Chair

BabySwede, LLC issued a defective children’s product recall for about 6,500 of their bouncer chairs on July 28, 2009, according to a report from the U.S. Consumer Product Safety Commission (CPSC).

This recall is because of small, sharp metal objects found in the padded area of the bouncer chair protruding through to the child. This causes a serious laceration hazard for children sitting in the chair. These chairs were sold by merchants and retailers nationwide, online retailers, and catalogs from September 2008 to July 2009 for anywhere from $170 to $190.

This defective bouncer chair recall involves certain models of BabyBjörn® Babysitter Balance and BabyBjörn® Babysitter Balance Air bouncer chairs that include:09287.jpg

BabyBjörn® Babysitter Balance:

•Black/Red; Model #009064US
•Black/Silver; Model #009065US
•Dark Blue/Blue; Model #009066US
•Brown/Beige; Model #009069US

BabyBjörn® Babysitter Balance Air:

•White; Model 009001US

Consumers should immediately stop using both the Babysitter Balance and Babysitter Balance Air bouncer chairs. Missouri product liability attorneys would advise you to keep your defective children’s product in its defective condition so it can be inspected and used to help you receive the maximum compensation for the damages you or your child may have suffered.

For additional information on the recall, please contact BabySwede, LLC at 866.424.0200 anytime or visit www.babyswede.com.

Defective children’s products can include manufacturing defects, design defects, deceptive marketing, and mislabeling of products. Improper warnings and/or instructions on the packaging of a children’s product can cause devastating personal injuries to our nation’s youth. If a product is proven to be defective, then the manufacturer can be held legally responsible for the victim’s losses.

If your child has suffered personal injuries or death because of a defective children’s product, you are well-advised to contact a Missouri product liability attorney at David Payne Law, LLC. David can help you receive compensation for your injuries and reimbursement for repairs and/or replacements of products.

Contact David Payne anytime at 417.847.7516 for a complimentary, no-obligation consultation. David will outline your legal options and advise you in the direction that will best benefit you.

Posted On: August 22, 2009

Defective Medications Reaching Missouri Consumers Can Lead To Severe Injury And Even Death

Every day we consume millions of pills, supplements, and other medications with the comfort that they are safe to take and that they are doing their job. However, there is an increasing rate of defective medications being prescribed to consumers and released on the market. And if these medications are defective, then they could cause serious injuries or death.

The responsibility of the manufacturers of drugs is to produce a safe product for the consumer to help increase their quality of life. Their obligation is to design, test, manufacture, and distribute their product properly. The manufacturers of these defective products can be held responsible if their defective medication makes it onto the market.

If you or a loved one has experienced personal injuries or death due to a defective drug, please contact personal injury attorney David Payne to discuss your options and legal rights.

Some recent defective drugs include, but are not limited to, the following:

•BEXTRA – This is a popular painkiller, also known as Valdecoxib, and it is used by millions of Americans to relieve symptoms of acute arthritis and painful menstrual cycles. Bextra may double the risk of heart deaths, heart attacks, and strokes.
•CELEBREX - The results of December 2004 study first showed and later studies confirmed the potential for heart attacks, strokes, and even death more than doubled when patients took Celebrex, or Celecoxib.
•CONCERTA – Concerta is a central nervous system stimulant that is commonly used to treat Attention Deficit Hyperactivity Disorder (ADHD) in young children, has recently been called into question after the FDA released data showing a link between ADHD medicatio use and a risk of sudden death.
•CRESTOR - Crestor, or Rosuvastatin, is a popular cholesterol-lowering drug. The drug poses a greater risk of renal (kidney) failure and serious adverse muscle effects. Patients taking Crestor have suffered from liver damage, kidney damage, and other organ failure. Some cases have even led to death.
•ELIDEL - Elidel was initially approved by the FDA in 2000 for use in adults and children two years of age and older. However, the FDA recently requested a label change for Elidel following a public health advisory warning of the potential risk for cancer.
•EPOGEN – Epogen, also known as epoetin alfa, is an anti-anemia drug used in treatment of patients who have had kidney failure or transplants. Epogen has been linked to deadly side effects in cancer and other patients that include heart failure, stroke, and even death.
•FOSAMAX – Fosamax is a drug that is used to increase bone density, reduce bone fractures, and prevent and/or treat osteoporosis. Fosamax, which is manufactured by Merck & Company, has recently been linked to cases of osteonecrosis of the jaw. This rare condition involves the loss, breakdown, or deterioration of the jaw bone, commonly leading to serious infection and fractures that require long-term care to correct. This condition is irreversible.
•HRT - PremPro and other hormone replacement therapies (HRT) increase incidents of breast cancer, heart attacks, and strokes.
•METHAZOLAMIDE - Methazolamide is a sulfa-based drug, manufactured by Wyeth-Ayerst, that is used to treat Glaucoma and various kinds of tremors. There have been numerous reports of people developing the rare skin disorder, Stevens Johnson Syndrome (SJS), after taking Methazolamide.
•ORTHO EVRA - Since the FDA's approval of the Ortho Evra birth control patch in April 2002, nearly 4 million American women have started using the alternative contraceptive. However, to date, there have been over 9,000 reports of adverse events following the use of the patch, including nearly 20 confirmed reports of death caused by blood clots, pulmonary embolisms, heart attacks, and strokes.
•PAXIL – Paxil, also known as Paroxetine HCL, is a drug commonly used for the treatment of depression, panic disorders, obsessive compulsive disorders, and social anxiety disorders. Paxil has been shown to increase the pulmonary birth defects in children of mothers taking Paxil during pregnancy. Paxil, despite the lack of FDA studies or approval for use in minors, was the second most prescribed antidepressant in the United States prior to a number of teenage suicides linked to the drug.
•PERMAX – Permax, or Pergolide, was recalled from the market in March 2007 after being prescribed to patients for nearly 20 years. Permax, a Parkinson’s disease treatment, causes heart valve damage in patients who are taking the drug.
•PROTOPIC - Protopic was originally approved by the FDA in 2000 for use by adults and children ages two years and older. However, the FDA recently requested a label change for Protopic following a public health advisory to healthcare professionals warning of the potential risk of cancer.
•RITALIN – Ritalin, methylphenidate hydrochloride, is a common medication used by millions of American children and adults to treat Attention Deficit Hyperactivity Disorder (ADHD). The safety of the drug has been called into serious question after the FDA released a report detailing 25 deaths and 54 serious cardiovascular problems as a result of methylphenidate use.
•SEROQUEL - Seroquel, an antipsychotic drug, includes many life-altering side effects including the movement disorder, neuroleptic malignant syndrome (NMS), and an increase in suicidal tendencies. Seroquel can cause death from heart failure or infection in elderly people suffering from dementia.
•TRASYLOL - Trasylol is used to prevent too much blood loss during heart surgery. A recent national study has found that the drug may be linked to serious complications involving kidney failure and heart problems. The study found that Trasylol increases the risk of heart failure and heart attack by nearly 55%.
•ZELNORM – Zelnorm, also known as tegaserod maleate, is prescribed for Irritable Bowel Syndrome and constipation. Zelnorm was recalled earlier this year after FDA regulators found an increase in strokes and heart attacks associated with this drug.
•ZICAM - Zicam is a popular over-the-counter homeopathic drug that is supposed to reduce the symptoms and duration of the common cold. The use of Zicam is now being linked to anosmia, which is a condition in which there is a total loss or impairment of the sense of smell and/or taste.

Why are so many of these dangerous prescription medications being prescribed at such an increasing rate? The U.S. Food and Drug Administration (FDA) are responsible for testing and approving these prescription drugs and they are beginning to come under increasing pressure in the past thirty years from drug-makers who want faster approvals for their drugs and a less stringent testing process.

The FDA has admitted that not all of a drug’s adverse reactions are documented by the time the drug hits the market. Also, the safety profiles for new drugs are never fully distinct because new drugs are studied in such a small and homogeneous patient populations. The final safety profile is figured after the drug is already being used by the public.

There is also the case of corporations putting their profits over the good of the people. The pharmaceutical industry is a huge, multi-billion dollar business with intense competition to constantly bringing news drugs to the market. Some companies have gone so far as to purposefully hide evidence from the FDA in order to get their drug approved.

This is completely unacceptable! The attorneys and staff at David Payne Law continually look to protect our clients from potentially harmful drugs and preserve their rights.

Contact David Payne anytime at 417.847.7516 for a free and confidential phone consultation.

Posted On: August 21, 2009

Boating Crash On Lake Of The Ozarks Leaves An East MO Gentlemen With Serious Injuries

This Missouri lakes boating accident involving two boats sends a St. Louis man to the hospital with severe personal injuries on July 12, according to a report from the Missouri State Water Patrol. It is well-advised for victims and their families involved in MO personal watercraft crashes to contact an experienced personal injury lawyer at David Payne Law, LLC.

Lawrence Kiswani, 28, of Fenton, MO, who was operating a 1997 Kawasaki PWC, was trying to splash a 1996 Kawasaki PWC, driven by Matthew Auclair, 20, of St. Louis. During this attempt, Kiswani struck Auclair. Auclair was taken to Lake Regional Hospital with serious personal injuries.

I wish all the best Matthew on his way to a quick and complete recovery.

Missouri boating accident attorneys are reminding boaters to have fun on our beautiful lakes and waterways, but remember to be responsible when out on the water.

Reasons for Missouri boating accidents include, but are not limited to, the following:

•Carelessness
•Inattention
•Navigation-rule violations
•Poor choices during bad weather
•Inexperience
•Alcohol consumption

Some ways on reducing accidents and ensuring that your time on the water is safe include:

•Take a boating safety course in a class or online provided by your Missouri State Water Patrol – http://www.mswp.dps.mo.gov/Education/SafetyClassList.asp
•Always wear a life jacket
•Do not operate a boating vessel while under the influence of drugs or alcohol
•Have a float plan with a loved one or close friend so they know where you are going and when to expect your return
•Take a fully charged cell phone with you in case of emergencies

If you or a loved one has suffered personal injuries or death due to the negligence of another party on our Missouri waterways, you would be well-advised to retain the services of Missouri boating accident injury attorney David Payne. David will investigate this accident to discover what party was at fault. The negligent party would then be held liable for the personal injuries and damages caused by the accident.

Call David anytime at 417.847.7516 for a free, no-obligation consultation.

Posted On: August 20, 2009

Ozarks Man Suffers Injuries Due To A Defective Tire/SUV Rollover Accident

A Springfield, Missouri man suffered serious personal injuries in a defective tire accident that occurred on Missouri Highway 13, according to a report by the Missouri State Highway Patrol.

On July1, 2009, Malcolm, R. Murray, 32, of Springfield, MO lost control of his 2001 Ford Edge after a tire blew out about ten miles north of Springfield about 1:45 in the afternoon. Malcolm then skidded off the right side of the road and overturned several times. Malcolm was then transported to St. Johns Hospital by ambulance.

The results of tire tread separation can be disastrous. They frequently cause tire blowouts, like in this example with Malcolm and his Ford Edge, and they will cause the driver of the vehicle to lose control. When the tread of the tire and the belt separate from the inside of the tire, it results in serious crashes and even rollovers. These accidents frequently cause serious injuries and death to the occupants of the vehicle.

Victims, like Malcolm, and their families would be well-advised to retain the services of Missouri auto product liability lawyer David Payne. David would look into whether the tire was poorly designed or defective tire was the cause of the accident. The Ford’s tire manufacturer could be held liable for compensation if the tire is found to be defective or poorly designed.

If you or a loved one believes that a defective tire might have been responsible for your motor vehicle accident, please contact the law office of Missouri defective tire attorney David Payne.

Contact David Payne anytime online or at 417.847.7516 for a free consultation.David will give you the legal assistance that you need to figure out your options for compensation.

Posted On: August 19, 2009

Clarence, MO Woman Endures Injuries in Semi-Truck Crash

A Missouri 18-wheeler accident leaves a Clarence girl with serious personal injuries.

Kelli A. Chittum was taken to Samaritan Hospital on the afternoon of June 30, 2009 after a 2005 Freightliner, driven by Bronius Steponavicius, 52, of Schiller Park, IL, rear-ended the 1994 Volvo she was in. Chittum was stopped in a construction zone, along with Howard W. McConnell, 89, of Leonard, MO, when Steponavicius hit her. This caused Chittum to then hit the rear of McConnell’s 2001 Mercury.

In this commerical trucking case, it is not clear why the negligent driver did not stop; it could have been a number of reasons:

•Bad weather
•Sleep Deprivation by the truck driver
•Use of drugs or alcohol by the driver
•Improper upkeep of the truck
•Malfunction of the truck’s brakes
•Improper loading
•Driver inattention

In a crash involving a 30-ton truck and a 3-ton car, the automobile never comes out on top. The occupants of the car are likely to sustain serious personal injury or wrongful death in accidents that involve 18-wheeler and large trucks.

If you or a loved one has suffered personal injuries or death in an accident where an 18-wheeler or large truck was involved, you would be well-advised to contact experienced Missouri 18-wheeler accident lawyer, David Payne, who will help determine who should be held responsible.

Time is of the essence in cases such as these. Trucks involved in accidents may be fixed and return to the road promptly. As a result, critical evidence may be lost. This is why it is important to contact a Missouri 18-wheeler lawyer in a timely manner.

Lawsuits involving truck accidents often include a thorough investigation of facts surrounding the accident. This includes a review of inspection logs, compliance audits, truck driver logs, and other records that relate to previous accidents involving the truck driver in your case. David Payne Law, LLC will carefully review these facts to determine that the truck driver was to blame for your accident.

Missouri 18-wheeler accident lawyer, David Payne, will be glad to review your claim if you or a family member has suffered personal injuries or death due to the negligence of large truck drivers.

Contact David Payne anytime at 417.847.7516 for a free consultation and an outline of your legal rights and options.

Posted On: August 18, 2009

Defective Auto Crash On MO Interstate 57 Results In Tragedy For Family

A defective vehicle accident results in the death of one and leaves another with serious personal injuries on July 6, according to a report from the Missouri State Highway Patrol (MSHP).

The accident occurred on I-57 about seven miles north of Charleston, MO at approximately ten in the morning. A 1994 Mack dump truck, driven by Nathan L. Belstle, 23, of Fayette, MO, suffered a vehicle defect, crossed the centerline, and struck a 2004 Jeep, driven by Robert G. Downey, 36, of Collierville, TN, head-on. Downey was pronounced dead at the scene by Mississippi County Coroner Terry Parker. Belstle was air lifted to St. Francis Medical Center in Cape Girardeau with serious injuries.

My heart goes out to the family and friends of Mr. Downey. Please keep them in your thoughts and prayers, as well as Mr. Belstle and his loved ones. I wish him the best and I hope that he has a quick and complete recovery.

According to the MSHP’s report, it is not clear what exactly went wrong with Belstle’s truck and what caused the defect. Victims and loved ones, like in this particular case would be well-advised to get in touch with an experienced Missouri defective product attorney at David Payne Law. The manufacturer and/or the distributor of the defective vehicle, the Mack dump truck in this accident, could very well be held liable for the accident and the injuries resulting from it.

Injured victims and their families can get compensation to cover the following:

•Medical expenses
•Funeral expenses
•Medication costs
•Hospitalization or long-term care
•Loss of wages
•Other damages resulting from the accident

It would be quite important in product liability cases such as this one to preserve the vehicle in its crashed condition, unaltered, so it can be thoroughly examined for mechanical problems, product defects and other evidence.

If you suspect your personal injuries are a result of a defective car or a car product defect, please contact experienced Missouri product liability attorney David Payne. David Payne will be able to help clients pursue their rights and explore their legal options.

Please contact David at 417.847.7516 for a free and comprehensive consultation regarding your case.

Posted On: August 17, 2009

Jeep Cherokee Rollover Crash Leaves Woman Seriously Injured

A Bourbon woman suffered injuries in a Missouri SUV rollover accident on July 1, 2009, according to a report from the Missouri State Highway Patrol (MSHP).

Families of victims who have experienced tragic injuries or even death should contact a product liability lawyer at David Payne Law, LLC.

Brenda S. Hamilton, 59, was driving on Route P about two miles north of Cuba, MO when her 1998 Jeep Cherokee traveled off of the right side of the roadway. When Hamilton returned to the roadway, her Jeep overturned several times and traveled off of the left side of the road before finally coming to a rest. Hamilton was taken by a Crawford County ambulance to the Cuba airport where she was then flown to St. Johns in Creve Coeur.

Every year, more than 40,000 people perish in rollover accidents in the United States. More than half of these rollover accident fatalities involve SUVs. The main reason is because SUVs lack roof strength and as a result the occupants of the vehicle are at a high risk for severe brain and spinal cord injuries.

In this particular case, based on the MSHP’s report, it is not clear why Hamilton lost control of her Jeep. There could have been numerous reasons to why this accident could have happened like driver error, a mechanical problem, a dangerous roadway, or a defective auto product. If the accident did happen because of a defective auto product, then the manufacturer of the vehicle could be held liable for compensation.

Injured victims and their families can acquire compensation to cover the following:

•Medical expenses
•Funeral expenses
•Medication costs
•Hospitalization costs
•Loss of wages
•Other damages resulting from the accident

If you suspect your personal injuries are a result of a defective car or a car product defect, please contact experienced Missouri rollover accident attorney David Payne at 417.847.7516 to find out more information about your legal rights and options. The best personal injury attorneys always offer a free and comprehensive consultation to injured victims and/or their families.

Posted On: August 15, 2009

Paxil Causes Serious Side Effects - Defective Drugs

Paxil is a popular medication that is frequently used to treat depression. It belongs to a group of drugs known as selective serotonin reuptake inhibitors (SSRI). Paxil aims to aid by restoring the balance of serotonin in the brain. Paxil is also used to treat obsessive-compulsive disorder (OCD), post-traumatic stress disorder (PTSD), bulimia nervosa, and some anxiety disorders.

On the other hand, Paxil has started to reveal some serious side effects along with dangerous withdrawal symptoms. This brings up deep product liability concerns in Missouri and throughout the nation. Paxil, along with Lanictal, Zoloft, and Prozac, have now been linked to birth defects in unborn children. In 2006 the FDA released a warning that infants are more prone to lung and pulmonary problems after being exposed to SSRIs during pregnancy.

Paxil has also been prescribed to children, even though that it has been proven to be ineffective in most young children. Paxil has been known to increase suicidal thoughts in adults and children under the age of 24.

Paxil, manufactured by SmithKline Beecham, entered the shelves in the U.S. in 1992. Serious side effects to date include, but are not limited to, the following:paxil_bottle1.jpg

•Violent behavior
•Suicidal thoughts and tendencies
•Akathisia, severe inner restlessness
•Lung and pulmonary problems in unborn children

As these symptoms arose, many defective product injury and personal injury suits were filed against SmithKline Beecham. The FDA required that the drug display new warning labels and they required that doctors prescribing the drug speak with their patients about the known risks and hazards of taking Paxil. However, these warnings have come too late to many people, whose lives have been seriously affected by the drug.

If you or a loved one has experienced severe side effects from taking Paxil or any other prescription medication, you would be well-advised to contact a Missouri defective drug lawyer at David Payne Law, LLC.

David will outline your legal rights and options and view all the aspects of your claim to advise you in the path that best benefits you.

Please do not hesitate to call David Payne anytime at 417.847.7516 for a free and comprehensive consultation.

Posted On: August 14, 2009

Medtronic Recalls Defective Infusion Sets - Personal Injury/Wrongful Death

On Friday, July 10, 2009, the United States Food and Drug Administration (FDA) announced that Medtronic has recalled about 60,000 infusion sets that are used with the MiniMed Paradigm insulin pumps. This defective health product recall includes specific lots of the Paradigm Quick-Set Infusion Set.

The recalled infusion sets are reference numbers MMT-396, MMT-397, MMT-398, and MMT-399 with lot numbers that start with the number “8.” An example would be “8XXXXXX.” These numbers are clearly marked on both the box label and on each individual infusion set package.0112_medtronic1.jpg

Patients who are using these infusion sets should discontinue use immediately!

These insulin sets are thin plastic tubes that deliver insulin from the insulin pump to the patient. They are typically replaced every three days. The infected infusion sets may not allow the insulin pump to vent air pressure properly. This could lead to the device delivering too much or not enough insulin. As a result, this defect could lead to serious injuries or even death.

Medtronic will exchange your affected infusion sets at no charge. For more information, please visit www.medtronicdiabetes.com/lot8 or call 1.800.345.8139. However, attorneys who are investigating potential lawsuits for Medtronic insulin pump problems caused by the recalled Quick-set infusion sets, indicate that any units from the recalled lots should be saved for litigation purposes if injury or death has occurred.

Following this recall, the Missouri product liability attorneys at David Payne Law, LLC are reviewing the potential for lawsuits on behalf of patients who have suffered severe or fatal injuries due to these pumps delivering too much or too little insulin.

If you or a loved one has suffered personal injuries or death as a result of using the defective Paradigm Quick-Set Infusion Sets, please contact David Payne Law for your free, no-obligation consultation regarding your claim.

Contact David Payne anytime at 417.847.7516.

Posted On: August 13, 2009

Death of 8-Month-Old Baby Leads to Recall Of Simplicity Drop Side Cribs

The wrongful death of a young child from Houston, Texas has led to defective crib recall involving about 400,000 Simplicity Drop Side Cribs on July 2, 2009. Any family that has questions should seek the advice of an experienced injury lawyer.

According to an alert from the U.S. Consumer Product Safety Commission (CPSC) the crib’s plastic hardware can break or deform, causing the drop side to detach. When this happens, it creates space between the drop side and the mattress. Infants and toddlers are susceptible to roll into this space and become trapped, which can lead to suffocation.

My heart goes out to the family of the 8-month-old baby that perished as a result of this defective product. Please keep them in your thoughts and prayers.

The CPSC has warned owners of these cribs to stop using them and look for another sleeping arrangement for their children!

The recalled crib model numbers include, but are not limited to the following:09260c.jpg

•8050, 8325
•8620, 8745
•8748, 8755
•8756, 8765
•8778, 8810
•8994, 8995
•8996

These cribs were reportedly sold at department stores, children’s stores, and other merchandisers throughout the nation between January of 2005 and June 2009 and sold for between $150 and $300. The CPSC is asking consumers to return their cribs to the store in which they bought it from.

Over the past year, more than a million Simplicity cribs have been recalled for defects. Most of these defects involve the drop side detaching and creating an entrapment hazard.

If you or a loved one has been seriously injured or killed as a result of a defective product, please consult with experienced Missouri product liability attorney David Payne.

Contact David Payne at 417.847.7516 anytime for information about your legal rights and options.

Posted On: August 12, 2009

Missouri ATV Accident Results in Serious Injuries For A Springfield Boy

A MO all-terrain vehicle crash that took place on July 6, 2009 sent a Springfield teenager to the hospital with serious personal injuries.

According to a report from the Missouri State Highway Patrol, Jesse D. Ruark, 15, was riding a 2007 Honda ATV on Farm Road 94 about two miles north of Springfield. Ruark swerved to miss an animal in the road and the ATV overturned which ejected him off of the vehicle. Ruark was taken to St. Johns Hospital in Springfield with serious injuries.

Missouri ATV accidents can cause serious personal injury or even death. It is very important that riders of all-terrain vehicles wear proper safety devices such as seat-belts and helmets. According to the U.S. Consumer Product Safety Commission (CPSC), there were about 750 deaths and 146,600 injuries due to ATV accidents in the United States in 2006.

If you or a loved one has been seriously injured or killed due to a defective ATV, please contact David Payne Law for a free and comprehensive consultation regarding your legal options.

All-terrain vehicle accidents can occur because of many different reasons that include:

•Driver error
•Driver inattention
•Driving under the influence of drugs or alcohol

On the other hand, ATV crashes frequently occur because of a manufacturing or design defect. If this is the case, then the manufacturer could be held liable for compensation that covers things such as medical bills, loss of wages, or in the worst case, funeral costs.

If you believe that you have been seriously injured in an ATV accident because of a product malfunction, you would we well-advised to consult with an experienced Missouri product liability lawyer at David Payne Law.

Contact David Payne Law anytime at 417.847.7516 to go over your legal rights concerning your case.

Posted On: August 10, 2009

MO I-70 18 Wheeler Wreck Results in Serious Personal Injuries

A Missouri Interstate 70 tractor-trailer accident leaves an Independence girl with serious personal injuries. This is the type of case where an experienced injury lawyer can help the family of this injured girl through the minefield of issues that undoubtedly awaits them.

About 9:45 in the evening on June 29, 2009, Ashley R. Sutton, 17, was driving eastbound on Interstate 70 in her 1996 Saturn near mile marker 19. Tony L. Smith, 53, of Seale, AL was also traveling eastbound in a 2007 Freightliner 18-wheeler truck. As Smith was attempting to change lanes, he struck Sutton. Sutton was then transported to St. Mary’s Medical Center in Blue Springs, to be treated for personal injuries.

Negligence is one of the leading causes in many 18-wheeler truck accidents like this one. The most common factors involving negligence can include the following:

•Driver fatigue
•Use of drugs and/or alcohol
•Distraction
•Inattention
•Speeding
•Reckless driving

If you or a loved one have been injured or has died due to an accident involving an 18-wheeler or other large trucks, contact experienced Missouri 18-wheeler accident attorney David Payne. Truck accident lawsuits are often defended strongly by insurance and trucking companies. This is why you are well-advised to grasp our extended hands of helping here at David Payne Law, LLC.13511987.jpg

Under Missouri law, both the driver and the owner of the truck may be held liable for injuries resulting from a Missouri 18-wheeler accident. Recovery may be made for things that include:

•Lost wages
•Medical bills
•Pain and suffering resulting from the accident
•Emotional trauma

Negligence on the part of large truck drivers is unacceptable and they, along with their employers, must be held accountable for their actions. Missouri 18-wheeler accident attorney, David Payne, will be glad to review your claim if you or a family member has suffered personal injuries or death due to the negligence of large truck drivers.

Contact David Payne anytime at 417.847.7516 for a free consultation and an outline of your legal rights and options.

Posted On: August 9, 2009

Missouri Man Loses His Life in Barry Co. Motorcycle Accident - Wrongful Death Claim

Michael R. Asher, 25, of Cape Fair, suffered fatal injuries in a Missouri motorcycle accident on the morning of July 9, 2009, according to a report from the Missouri State Highway Patrol.

The accident occurred in Barry County at MO Highway 39 and MO Highway 248 about one half mile south of Jenkins. A 2003 GMC Envoy, driven by Mark A. Sparkman, 47, of Aurora pulled out in front of Asher’s 2009 Harley Davidson. Asher struck the GMC and was transported to St. Johns Hospital in Cassville. He was pronounced dead at the hospital a little before 7:00 a.m.

I offer my deepest sympathies to the family and friends of Michael Asher for their tragic and heartbreaking loss. Please keep them in your prayers.

Families, like that of Michael Asher, would be well-advised to contact an experienced Missouri motorcycle accident attorney like David Payne. David will fight for your rights and determine whether negligence or reckless driving on the part of the other driver caused the collision.

According to the Missouri Department of Public Safety, a total of eight people were killed in traffic accidents in Barry County in 2007. Also, total of 134 people have been killed in traffic crashes in Barry County in the ten years previous to 2007.

The report did not state why Sparkman pulled into the path of Asher’s motorcycle. But one thing that is a fact is that our Missouri highways and byways are extremely dangerous for motorcycle riders. There is no question that motorcycle riders need to be very attentive to their surroundings. They must be aware that often car and truck drivers, for numerous reasons, just do not see motorcycles on the road and pull right in front of them. In this case, it is most likely that the driver of the GMC will be held civilly, if not criminally, liable for Asher’s death.

In cases, such as this one, where negligence or wrongdoing is involved, families with deceased loved ones may be eligible to file a wrongful death claim. This claim would compensate families for expenses that include:

•Medical costs
•Funeral costs
•Loss of wages
•Other expenses relating to the accident

Call David Payne at 417.847.7516 anytime for a free and comprehensive consultation.

Posted On: August 5, 2009

MO Boating Accident Turns Fatal On The Current River - Wrongful Death

A Missouri boating collision on the Current River leaves three seriously injured and two wrongfully dead on July 5, 2009, according to a report from the Missouri State Water Patrol (MSWP).

A 2005 Blazer Utility, driven by Radeena Proffer, 27, of Poplar Bluff was traveling upstream when she struck the port side of a 2003 Blazer Utility, driven by Chad Mikel, 26, also of Poplar Bluff. Two passengers were ejected from each boat. Proffer suffered moderate injuries and was taken to Ripley County Memorial Hospital. Michelle Lafferty, 32, of Poplar Bluff was taken to Elvis Presley Trauma Center in Memphis, TN, with serious injuries. And Michael Preslar, 34, of Poplar Bluff suffered minor personal injuries.

Unfortunately, the body of Jerry Mote, 11, of Poplar Bluff, who was riding in Proffer’s boat, was found a half mile downstream from the accident site the following afternoon. Josh Burson, 25, also of Poplar Bluff, who was thrown from Mikel’s boat, was pronounced dead at Ripley County Memorial Hospital shortly after the accident occurred.

My heart goes out to the family and friends of Mote and Burson for their tragic and heartbreaking loss. I wish the injured victims the very best for a quick and complete recovery. Please keep them in your thoughts and prayers.

According to a recent article in the Southeast Missourian, Radeena Proffer was charged with the Class B felony of first-degree involuntary manslaughter by Ripley County Prosecuting Attorney Christopher Miller. Investigators indicated that Proffer was operating her boat in a careless manner and was apparently intoxicated at the scene. After she was taken to the Doniphan Police Department, she reportedly registered a blood-alcohol content of .123 percent on a breath test. The legal limit in Missouri is .08 percent.

The Current River is located in southeast Missouri and it is a beautiful place where people of all ages can enjoy what Missouri’s rivers have to offer. However, our rivers can become a dangerous place when operators of boats and watercrafts forget their responsibilities and operate their craft in a negligent manner. Boat owners and operators have a duty to be responsible out on our Missouri lakes and waterways in order to prevent injuries and deaths for their passengers and passengers of other watercrafts, as well.

According to the National Safe Boating Council, the top five contributing factors for recreational boating accidents in the United States in 2007 included:

1.Operator inattention
2.Careless operation
3.Negligent passengers
4.Excessive speed
5.Alcohol

If you or a loved one has suffered personal injuries or death due to the negligence of another party on our Missouri waterways, you would be well-advised to retain the services of Missouri boating accident injury attorney David Payne. David will investigate this accident to discover what party was at fault. The negligent party would then be held liable for the personal injuries and damages caused by the accident.

This accident is an important reminder for us to exercise caution when we take to Missouri lakes, rivers, and streams. Always wear a life jacket and be responsible when consuming alcohol and operating a watercraft. The majority of boating accidents can be prevented if boaters exercise the utmost care when operating their boat or watercraft.

Call David Payne anytime at 417.847.7516 for a no obligation consultation.