Missouri Injury Attorney Blog

Hey, what is the the BIG deal, they were just trying to save a buck...well, $100 Millions bucks actually...reports of deaths connected to sudden acceleration in Toyota vehicles have surged in recent weeks, with the toll of deaths allegedly attributed to the problem reaching 34 since 2000.

Toyato and other auto manufacturers are ultimately legally responsible if their products are unsafe. Thousands of people continue to be harmed every year as a result of corporations making decisions based upon what goes in their pocket and not the ultimate safety of the citizens using their products. Well, money is the root of all evil, right?

In an internal presentation last year, Toyota officials claimed they saved over $100 million by delaying safety regulations, avoiding defect investigations and slowing down other industry requirements. Not to shabby, well, deplorable reall. The story is--Toyota saved $100 million by successfully negotiating with the government on a limited recall of floor mats in some Toyota and Lexus vehicles, according to new documents shared with congressional investigators.

The documents could set off alarms in Congress, and with Plaintiffs' lawyers, over whether Toyota put profits ahead of customer safety and pushed regulators to narrow the scope of recalls. The answer is most certainly: YES.

The world's largest automaker has been widely criticized for responding painfully too slow to complaints of sudden acceleration in its vehicles.

Toyota said in a statement, and you tell me if this is honest, or an honest attempt at spin: "Our first priority is the safety of our customers and to conclude otherwise on the basis of one internal presentation is wrong. Our values have always been to put the customer first and ensure the highest levels of safety and quality."

Please call DAVID PAYNE LAW to answer all questions regarding a case you might have.

Be safe out there!

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Posted In: Advice for the Injured , Auto Accidents , Defective Products , Wrongful Death Claims & Litigation

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An Interstate 55 SUV rollover accident in Pemiscot County leaves two Chesterfield girls, ages 8 and 12, with serious personal injuries, according to a crash report from the Missouri State Highway Patrol.

On the afternoon of Tuesday, December 29, 2009, Alexis D. Federer, 17, of Chesterfield, Missouri, was northbound at the one mile marker when her 2004 Cadillac Escalade ran off of the left side of the highway and overturned. Federer did not suffer any injuries, but two younger passengers were taken by air to Lebonheur Children’s Hospital in Memphis, TN with severe injuries.

Please keep these two girls in your thoughts and prayers as we wish them the best in a full and quick recovery.

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 Federer 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 Cadillac Escalade? 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 by another party, the families of injured and deceased auto accident victims would be able to file a 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 an experienced Missouri SUV rollover lawyer at 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 Law anytime at 417.847.7516 for a free, no-obligation consultation.

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

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Posted In: Advice for the Injured , Auto Accidents , Brain Injury , Defective Products , General , Insurance Claims , SUV Rollover Accidents , Spinal Cord Injury , Wrongful Death Claims & Litigation

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When it comes to the safety of children, nothing is more important. This can be ensured by holding companies to a high standard of producing and marketing safe products. Defective children’s products attorneys at David Payne Law are representing victims and their families in order to get the peace of mind they deserve.

The U.S. Consumer Product Safety Commission (CPSC), the National Highway Traffic Safety Administration (NHTSA) and Dorel Juvenile Group announced on December 18, 2009 the recall of 447,000 infant car seat/carriers.

When used as an infant carrier, the child restraint handle can become loose and fall off. This poses a fall hazard for infants and is unacceptable. Dorel has already received numerous reports of this occurring and resulting in serious injuries.

The recalled products were sold between January 2008 and December 2009 and include:
• Safety 1st Sojourn Travel System
o Model # - 22-057 DBY, 22-085 DWA, 22-057 CLN, 22-057 HRT, 22-322 HRR, 22-322 PTK, 22-057 LPH, 22-085 LYN
• Safety 1st Eurostar Travel System
o Model # - 22-322 KDL, 22-322 LXI, 22-322 OLY, 22-322 PRS, 22-322 MAI, 22-325 COB, 22-095 RBK
• Safety 1st Lite Wave Travel System
o Model # - 22-380 LGA, 22-380 MSA
• Safety 1st Vector Travel System
o Model # - 22-627 WAV, 2-325 PAC
• Cosco Sprint Travel System
o Model # - 22-300 FZN, 22-300 OSF, 22-300 CSF, 22-300 JJV, 22-30 THD, 22-300 TWD
• Disney Propack Travel System
o 22-627 AWF, 22-355 LBF, 22-305 NAB, 22-305 PPH, 22-355 PWK
• Eddie Bauer Adventurer Travel System
o 22-627 CGT, 22-627 FRK, 22-627 SNW, 22-WPR
• Eddie Bauer Endeavor Travel System
o 22-627KGS, 22-655BYTE

The model number and manufacture date are located on the side of the car seat/carrier. These seat/carriers were sold in a travel system. The stroller portion of this system is not affected by this recall.

If a loved one you know has suffered serious personal injuries or death due to a defect or malfunction in a product, please contact a Missouri product liability lawyer at David Payne Law.

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

Posted by David Payne | Permalink | Email This Post

Posted In: Advice for the Injured , Brain Injury , Child Safety Seats , Defective Products , Insurance Claims

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A Missouri ATV accident that took place over the holiday weekend sent a Morrisville man to the hospital with serious personal injuries.

According to a report from the Missouri State Highway Patrol, on December 26, Charles G. Webster, 39, was riding an Arctic Cat ATV on a county road about 1 mile south of Morrisville. Webster ran off of the right side of the roadway, overcorrected, ran off the left side of the roadway and overturned. He was then airlifted to St. Johns Hospital in Springfield.

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.

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.

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 Mr. Webster’s ATV had ran off the roadway and/or overturned due to a defect, he would be eligible to receive compensation for his losses and damages.

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 review your case.

Posted by David Payne | Permalink | Email This Post

Posted In: ATV/Utility Vehicle Accidents , Advice for the Injured , Brain Injury , Defective Products , Spinal Cord Injury

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The U.S. Consumer Product Safety Commission (CPSC), along with Stork Craft Manufacturing Company, of British Columbia, Canada, announced on November 23, 2009, the recall of more than 2.1 million defective Stork Craft drop-side cribs with a plastic trigger and one-hand-system drop-side hardware.

This recall also included about 147,000 Stork Craft drop-side cribs with the Fisher-Price logo. These recalled children’s products were manufactured between January of 1993 and October of 2009.

Missouri attorneys encourage you to immediately discontinue the use of this recalled crib and contact a product liability lawyer at David Payne Law.

The crib’s drop-side plastic hardware can break, deform or parts can become missing. Also, the drop-side could be installed upside down, which can result in broken and disengaged plastic parts. All of these problems can very well result in the detaching of the drop-side. This can cause infants and toddlers to become entrapped in the space between the drop-side and the mattress or even fall from the crib.

This particular crib has led to numerous entrapments and falls in the United States and Canada and the suffocation of four infants less than a year old.

Defective toys, such as this, could cause serious injuries or death to infants and small children. It is important to keep in mind that in any product liability case, the manufacturer of the product can be held liable when:
• The product’s design is unsafe and poses a hazard, like in this case.
• The manufacturer fails to make the product in accordance with specific safety guidelines
• The manufacturer fails to give any or adequate warnings of risks that arise when using their product
• The manufacturer does not give clear or complete instructions to reduce the risk of injury from the potential use of the product.

If you or a loved one 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 by David Payne | Permalink | Email This Post

Posted In: Defective Products , Wrongful Death Claims & Litigation

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As "New Years’ resolution" dieting is upon us, dieters seeking that fix-all diet or wanting to lose some of those added holiday pounds will not be doing so with Slim-Fast® Ready-to-Drink Shakes. The manufacturers of these shakes, Unilever United States Inc., have issued a massive recall because of a serious bacterial contamination linked to food poisoning.

If you or a loved one has experienced health problems, including the symptoms listed below, and wonder if it is related to contaminated Slim-Fast®, contact a product liability lawyer at David Payne Law.

Missouri personal injury attorney, David Payne, will give you a free, no-obligation and confidential evaluation of your Slim-Fast® claim.

Even though the company states the chances are “remote,” this contamination should not be taken lightly. Bacillus cereus is a micro-organism linked to symptoms including:

• Nausea
• Vomiting
• Diarhea

FDA spokesperson, Rita Chappelle, recently said the recall affects ten million cans distributed in the United States. Also the recall applies to all Slim-Fast® Ready-to-Drink shakes, regardless of flavor, best-by-date, lot code or UPC number. Individually sold cans, as well as those sold in packages of four, six or 12, are also included.

While the company is still in the process of identifying and correcting this serious contamination, this is not the first recall Unilever has had. Back in February of 2009, three Slim-Fast® bar products were recalled due to salmonella-contaminated peanuts. Certain shakes were also recalled back in 2000 due to gastrointestinal illness.

If you or a loved one has experienced severe side effects from taking Slim-Fast® shakes or any other dietary supplement, you would be well-advised to contact a Missouri defective drug attorney at David Payne Law, LLC.

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

Posted by David Payne | Permalink | Email This Post

Posted In: Advice for the Injured , Defective Products , Pharmaceutical Drugs , Pharmaceutical Litigation/Defective Drugs , Wrongful Death Claims & Litigation

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Winter has come upon us once again along with sniffles, sneezes and sickness. Because of this, consumers are purchasing more supplements and medicines to assist them in overcoming these symptoms. In turn, consumers shouldn’t have to worry whether supplements or medicines they purchase are safe to take or if they have the proper warnings and labels. Yet, all too often, unsafe medicines land in the hands of consumers and lead to serious personal injuries and even death.

Recently, Proctor & Gamble has recalled about 700,000 packages of Vicks Dayquil Cold & Flu 24-Count Bonus Pack Liquicaps. These packages contain acetaminophen and are not child-resistant. Nor do they have required label that provides the statement, “This Package for Households without Young Children,” as required by the Poison Prevention Packaging Act.

If swallowed, this medicine can cause serious health problems to a child or even death if several capsules are swallowed. This cannot be tolerated and companies must be held accountable for providing a product that is unsafe or does not provide the proper warnings.

Missouri defective drug attorneys at David Payne Law will provide peace of mind to their clients coupled with aggressive and zealous legal representation in order to acquire the compensation they deserve.

Victims and families of those who have suffered serious injuries or death to a defective drug are eligible to receive compensation that covers the following:
• Medical costs
• Hospitalization costs
• Cost of physical therapy
• Funeral costs
• Loss of wages

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.

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

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Posted In: Advice for the Injured , Defective Products , Insurance Claims , Pharmaceutical Drugs , Pharmaceutical Litigation/Defective Drugs

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Earlier this month, Unilever United States Inc. and the US Food and Drug Administration (FDA) announced the massive recall of about 10 million Slim-Fast® ready-to-drink shakes because of serious bacterial contamination.

If you or a loved one has experienced health problems, including the symptoms listed below, and wonder if it is related to contaminated Slim-Fast®, contact a product liability lawyer at David Payne Law.

Missouri personal injury attorney, David Payne, will give you a free, no-obligation and confidential evaluation of your Slim-Fast® claim. While consultations involve no obligation by a prospective client to hire David Payne Law, a phone call or in-person meeting will fully outline your rights and any paths of legal action you may have.

The products are packaged in paperboard cartons and contain four; six or 12 steel cans that are 11 fl oz. (325 mL) each. Individual cans are also sold in certain retail stores. These products may have been contaminated with Bacillus cereus, which is a micro-organism that is linked to:

• Nausea
• Diarrhea
• Vomiting
• Other serious adverse health issues

Bacillus cereus is responsible for about two percent of all food borne illnesses, according to the U.S. Centers for Disease Control and Prevention (CDC). Numerous, recent reports indicate that the illness resulting from consuming these shakes comes within 24 hours after exposure and can cause diarrhea. Serious illness and permanent injury have also occurred.

A list of the recalled products is available on the FDA website.

According to Unilever officials, the company has ceased production of Slim-Fast ready-to-drink cans until the source of the contamination can be identified and corrected.
Slim-Fast® powdered shakes, meal bars, or snack bars are not affected by this recall.

Please feel free to contact David Payne anytime at 417.847.7516.

Posted by David Payne | Permalink | Email This Post

Posted In: Advice for the Injured , Defective Products , Pharmaceutical Drugs , Pharmaceutical Litigation/Defective Drugs , Verdicts & Settlements , Wrongful Death Claims & Litigation

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Although the Consumer Product Safety Improvement Act, passed in August of 2008, led to stronger regulations against hazardous and defective toys, there are still dangers that lurk on the shelves.

When making your Christmas list this year, make sure you check it twice.

Missouri Lawyers are encouraging you to be careful when purchasing toys or any other products this Holiday Season. One way to check for recalls and defective toys would be to visit http://www.toysafety.mobi/.

If your child or another loved one has been seriously injured or killed due to a defective toy, you need aggressive and zealous legal representation from an experienced Missouri product liability lawyer at David Payne Law.

The US PIRG (Public Interest Research Group) issued its 24th report on November 24, 2009, called “Trouble in Toyland.” This report showed that there are still many unsafe toys being sold. These toys were listed under three main problematic areas: choking hazard, loud noise and lead and chemical content.

Choking on small parts, balls and balloons remains one of the leading causes of toy- related deaths and injuries. Between 1990 and 2007, at least 196 children died after choking or asphyxiating on a toy or toy part; three children died in 2008 alone.

The report found that toys currently on store shelves may not meet the standards for appropriately loud toys; in fact, some toys tested exceeded 85 decibels when measured at close range.

So far in 2009, the CPSC has recalled nearly 1.3 million toys or other children’s products for violations of the lead paint standard. The CPSC has recalled an additional 102,700 toys and other children’s products for violation of the 300 ppm (parts per million) lead standard.

Defective toys from the report are as follows:

Choking hazard:
Creative Wood Stacking Rings by Zaidy Products; Real Wood Shape Sorter Barn by P&C Enterprise; an unnamed play food tray by World Market; My First BABY Learn by BABY Born; Toy Story Pizza Planet Gift Pack by Mattel; Fur Real Baby Bird by Hasbro; and Worky Work Bench by Nemmer.

Loud toys:
Secret Saturdays Cryptid Claw by Mattel; Kota and Pals Stompers Triceratops by Playskool; Laugh & Learn Learning Phone by Fisher Price; and Bright Lights Phone by Vtech.

Lead and Chemicals:
Big Rex Touch and Feel Cloth Book by Priddy Books; alligator cell phone charm by Claire's; Collector's Series Painted Duck sold at Dollar Tree; Pretty Princess Puppy Purse by Claire's; and Elmo Lunch Bag by Sassy.

If your child or a loved one 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 by David Payne | Permalink | Email This Post

Posted In: Defective Products

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A Missouri defective tire/SUV rollover crash leaves two victims with serious personal injuries.

A 1999 Chevrolet Tahoe, driven by Rodney D. Todd, 38, of Coldwater, Mississippi, had a tire blow-out on Interstate 55 about three miles north of Steele, MO. The Tahoe ran off of the right side of the highway and overturned. Todd was taken to Pemiscot Memorial Hospital with serious injuries. The occupant, Timothy A. Webster, 18, of Washington, Indiana, was air-lifted to Elvis Presley Trauma Center in Memphis, Tennessee with severe personal injuries.

It is very fortunate that there weren’t any fatalities in this Missouri defective tire accident. I wish both the victims the very best for a quick and complete recovery.

A tire blow-out is one of the scariest things that can happen to a driver on the roadway. Tire tread separation at highway speeds can often cause the vehicle to overturn, like the Tahoe in this case. Rollover accidents are known for causing tragic injuries or even death.

This is a classic case of a defective tire and tire tread separation, which caused the Ford Explorer to travel off of the road and overturn. Dealing with defective tire cases, we are beginning to see more cases of tire failure due to a manufacturing or design defect long before the tread on the tire has deteriorated.

If a defective tire is proved to be the result of a manufacturing or design defect, then the injured parties would have a claim against the tire manufacturer for injury and damage compensation that include:

•Medical expenses
•Loss of wages
•Cost of physical therapy
•Funeral costs
•Mental stress and trauma
•Other damages relating to the accident

If you live in Missouri and you or someone you care about has been the victim of an auto accident caused by a defective tire, please contact David Payne Law to schedule a free and confidential consultation with an experienced defective tire attorney.

Contact David Payne at 417.847.7516 to discuss your legal rights and the options you have regarding your claim.

Posted by David Payne | Permalink | Email This Post

Posted In: Advice for the Injured , Auto Accidents , Defective Products , Defective Tires , Insurance Claims

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A Seymour woman was seriuosly injured in a Missouri ATV accident on July 9, according a report from the Missouri State Highway Patrol.

Lisa M. Jones, 37, of Seymour, was driving her 2008 Polaris all-terrain vehicle southbound on Skyline Road north of Seymour when it began to slide. Jones was ejected from the vehicle and was airlifted to St. Johns Hospital in Springfield with serious personal injuries.

As ATV popularity continues to rise, so does the occurrence of accidents involving them. Because of their unstable design, these vehicles, sometimes weighing more than 700 pounds, easily overturn. If you include this with uneven surfaces and highway speeds, it is easy to see why ATV-involved accidents are on the rise.

The annual total of accidents involving ATVs increased nearly 180 percent between 1995 and 2004, according the U.S. Consumer Product Safety Commission (CPSC). Young children below the age of 16 accounted for almost one quarter of all ATV-related deaths and one third of ATV-related injuries that include brain and spinal cord trauma.

As a result of hazardous designs and manufacturing defects, people have suffered countless injuries and deaths because of accidents that involve ATVs. Victims and their families of these accidents might be eligible to receive compensation for the following:

•Medical expenses
•Funeral expenses
•Loss of wages
•Pain and suffering
•Other damages that relate to your accident

If you or a loved one has been injured and killed as a result of an accident involving an ATV, we highly recommend you to contact an experienced Missouri ATV accident attorney at David Payne Law. David will seek compensation you deserve and outline your legal options.

Contact David Payne at 417.847.7516 anytime for your free initial consultation.

Posted by David Payne | Permalink | Email This Post

Posted In: ATV/Utility Vehicle Accidents , Advice for the Injured , Defective Products

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Evenflo, a popular manufacturer of baby and child products, has recalled some of its toy telephones due to a choking hazard, according to the Consumer Product Safety Commission (CPSC). Families of children, who have suffered serious personal injuries due to a defective toy or other children's product, should contact an experienced personal injury attorney at David Payne Law.

On July 16, 2009, Evenflo recalled about 25,000 of its Switch-A-Roo Telephone Toys. A mirror decal on the front of the toy can peel away which can cause a potential choking hazard. This recall includes Switch-A-Roo phones manufactured between October 2008 and June 2009.

This product was sold at children’s stores nationwide, including Toys ‘R Us, for about $8.

For additional information on this recall, you can contact Evenflo at 800.233.5921 or at safety.evenflo.com.

Defective toys, such as this, could cause serious injuries or death to babies and small children. It is important to keep in mind that in any product liability case, the manufacturer of the product can be held liable when:

•The product’s design is unsafe and poses a hazard
•The manufacturer fails to make the product in accordance with specific safety guidelines
•The manufacturer fails to give any or adequate warnings of risks that arise when using their product
•The manufacturer does not give clear or complete instructions to reduce the risk of injury from the potential use of the product.

If you or a loved one 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 by David Payne | Permalink | Email This Post

Posted In: Advice for the Injured , Defective Products , Insurance Claims

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Polaris Industries issued a defective product recall for about 4,700 of their 2009 all-terrain vehicles on July 22, 2009, according to a report from the U.S. Consumer Product Safety Commission (CPSC). Victims and their families, who have been injured or killed due to a product defect, would be advised to contact an experienced Missouri product liability lawyer at David Payne Law,

The recall is in response to the probability of the valve assemble failing in freezing temperatures. This can cause oil to leak into the exhaust system. This can pose a serious fire and burn hazard to the rider of the vehicle. So far, the company has received numerous reports of this event occurring. These instances resulted in several fires, damage to air boxes, ignition coils, and the seat.

This defective product recall involves certain models of the 2009 Sportsman ESP XP 850 and Sportsman XP 850. This ATV was sold at Polaris dealers throughout the nation from September 2008 to June 2009 for roughly $9000.

For a list of the model numbers included in this recall, please visit the U.S. Consumer Product Safety Commission website at www.cpsc.gov, or call Polaris at 1-888-704-5290.

Consumers who own one of these defective ATVs must immediately stop using the vehicle in freezing temperatures and contact their local Polaris dealer for a free repair. If you have registered your Polaris ATV then you should be receiving a notification in the mail about this recall.

Hundreds of young adults are injured or killed in ATV accidents every year in the U.S. Quite a few of these crashes are a result of a defective ATV. According to the CPSC, there were 750 deaths and 146,600 injuries involving ATV crashes in America in 2006.

If you believe that your ATV accident was caused by a defective design or product, you would be well-advised to preserve the vehicle in its crashed condition so it can be inspected by a product defect expert.

If you or a loved one has been seriously injured or killed in an ATV accident and believe it was because of a defect within the vehicle, please contact experienced Missouri defective ATV attorney David Payne. David will outline your legal rights and options.

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

Posted by David Payne | Permalink | Email This Post

Posted In: ATV/Utility Vehicle Accidents , Defective Products , Insurance Claims , Wrongful Death Claims & Litigation

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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.

Posted by David Payne | Permalink | Email This Post

Posted In: Auto Accidents , Defective Products , SUV Rollover Accidents

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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 by David Payne | Permalink | Email This Post

Posted In: Advice for the Injured , Auto Accidents , Brain Injury , Defective Products , Insurance Claims , SUV Rollover Accidents , Spinal Cord Injury , Wrongful Death Claims & Litigation

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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:

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 by David Payne | Permalink | Email This Post

Posted In: Child Safety Seats , Defective Products

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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.

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Posted In: Advice for the Injured , Auto Accidents , Defective Products

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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.

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Posted In: Advice for the Injured , Auto Accidents , Brain Injury , Defective Products , Insurance Claims , SUV Rollover Accidents , Spinal Cord Injury

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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:

•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.

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Posted In: Defective Products

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An Orrick, MO man is recovering from personal injuries from a Missouri SUV rollover accident on June 28, 2009, according to a recent Missouri State Highway Patrol report.

Joesph A. Waters, 49, failed to negotiate a curve and lost control of his 2003 Jeep Liberty. He traveled off the right side of the roadway, struck an embankment, and overturned. The Jeep then struck a fence and came to a rest on all four tires. An investigation is continuing. Waters was then taken by ambulance to the Ray County Hospital with personal injuries.

The following information is provided by the National Highway Traffic Safety Administration (NHTSA) and consumer rights group, Public Citizen:

• There were a total of 10,698 rollover accidents that resulted in fatalities in the United States in 2006, according to the NHTSA.

• This accounts for about 35% of vehicle occupants killed in traffic accidents, according to Public Citizen.

• Ten years before that, in 1996, there were 9,379 rollover accidents that resulted in deaths, according to the NHTSA.

• This only accounted for 29% of vehicle occupants killed in traffic accidents, according to Public Citizen.

The 2003 Jeep Liberty Rollover Resistance Rating was a two, out of five, stars! That is not good.

The Rollover Resistance Rating is an estimate of the vehicle’s chances of rolling over in a single-vehicle crash. The rating looks at a vehicle’s characteristics, such as its center of gravity and track width, to determine how “top heavy” a vehicle is. The more “top-heavy” a vehicle is, the more likely it is to roll over.

Since the 2003 Jeep Liberty got a rating of two stars that means it is three times more likely to roll over than vehicles with the highest rating of five stars.

If this Missouri SUV rollover accident was caused by some type of defect on the vehicle, then the car maker could be held liable for personal injuries or death that resulted from the accident. In similar cases, families of deceased rollover accident victims may be eligible to file a wrongful death claim, which compensates families for funeral expenses, loss wages, and other related damages.

If you or a loved one has experienced personal injuries or death as a result of a defective car or a car product defect, please contact experienced Missouri rollover accident attorney David Payne.

Contact 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.

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Posted In: Advice for the Injured , Auto Accidents , Brain Injury , Defective Products , Insurance Claims , SUV Rollover Accidents , Spinal Cord Injury

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Defects in products are something that can that is made by manufacturers or producers when humans are involved in their development. These defects may vary from a simple flaw in the construction of a chair to tire thread separation that could cause a tire to blow out, which could cause serious injury and fatal car accidents.

Product defects are categorized depending on what stage the defective product acquired its deficiency.

• Design Defects – take place even before the product has been created or in the product’s initial planning stages. This type of defect arises when the manufacturer is trying to develop a product that is appealing to consumer’s eye. And unfortunately, safety standards are usually disregarded in the design stage, which leads to defects.

• Manufacturing defects – happens while the product is being assembled or produced. Whether a product is designed by hand or with the help of a machine, problems and mistakes can and do happen and they cannot be avoid. For this reason, testing is always necessary for manufacturing companies to ensure that their products pass the required safety standards. Failure to conduct the proper testing my result in more trouble for the producer, as well as the consumer.

• Marketing defects – these defects occur while the product is being sold or distributed. Even though an item has proven to be clear of any manufacturing defects, improper handling or delivery of the product may result in damage. This is the responsibility of the distributor of the product.

Product liability laws guarantee protection for consumers have been injured or even died due to a defective product. Consumers are then able to file lawsuits, or product liability claims, against the companies who made and/or distributed the product.

Since the filing of such lawsuits involves numerous complicated matters, it is advisable to hire the assistance of a defective product lawyer. If you or a loved one has been injured or even died due to a defective product, contact defective product lawyer David Payne. 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.

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Posted In: Defective Products

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Bridgstone/Firestone announced on June 30, 2009 that they are extending their October 2008 recall to include about 127,000 Firestone FR 380 tires that were manufactured from September 9, 2007 through July 2, 2008. The P235/75R15 tires in this defective tire recall could lead to vibration, groove cracking, tire tread separation, and loss of vehicle control.

Bridgestone will notify the owners of these tires and replace them at no cost to you. Bridgestone will also mount and balance the replacement tires at no additional charge, as well. Consumers who have questions about this defective tire recall can contact Bridgstone/Firestone at 1.800.465.1904 or the National Highway Traffic Safety Administration (NHTSA) at 1.888.327.4236.

Whether on passenger cars, motorcycles or a vast number of other vehicles, defective tires can have disastrous effects for the occupants of the vehicles, as well as their family and friends. No matter how much driving experience a driver has, when a tire fails, the driver has very little to zero control over their vehicles. These types of product liability issues can lead to rollover auto accidents, which can result in cataclysmic injuries or even deaths.

In cases where a defective tires cause serious personal injuries or deaths, the tire manufacturer or distributor could be held liable for the accident and the injuries resulting from it.

Injured victims and their families can acquire 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

If you or a loved one has been injured or has died due to a tire defect, please contact defective tire attorney David Payne. David will fight for your rights and make sure that you receive fair compensation for your injuries and losses caused by a defective tire.

Contact David Payne at 417.847.7516 for a free, comprehensive initial consultation regarding your product liability claim.

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Posted In: Defective Products , Defective Tires

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An advisory panel, assembled by the U.S. Food and Drug Administration (FDA), voted on Tuesday, June 30, 2009, to recommend eliminating prescription drugs that combine acetaminophen with narcotics, according to a recent CNN news article. This includes drugs such as Vicodin and Percocet. These drugs have a high risk for overdose and severe liver damage.

If you believe you need to speak with an attorney, call David Payne Law.

The panel voted 20 to 17 to advise the FDA to remove these types of prescription drugs from the markets. The group was meeting to vote on recommendations to decrease the risk of the serious liver injuries that are associated with acetaminophen. This drug is not only found in prescription drugs, but over-the-counter medications like Tylenol and NyQuil, as well. Because of this, the group also advised the FDA to lower the maximum daily dose of acetaminophen in these over-the-counter medications and to address the dosing recommendations for children.

The panel recommended that the FDA "send a clear message that there's a high likelihood of overdose from prescription narcotics and acetaminophen products," Dr. Sandra L. Kweder of the FDA's Office of New Drugs said at a news conference after Tuesday's meeting.

Acetaminophen is one of the most commonly used drugs in the U.S. for relieving pain and reducing fever. According to a previous study by the FDA, overdoses of acetaminophen were linked to 56,000 emergency room visits, 26,000 hospitalizations, and 458 deaths during the 1990s. A 2007 Centers for Disease Control and Prevention study estimated that acetaminophen was most likely the cause of about 1,600 acute liver failures each year.

The FDA is not obligated to follow the recommendations of its advisory panels, but in most cases it does.

If you or a loved one has been affected by products containing acetaminophen, do not hesitate to contact defective drug lawyer David Payne. David will list your best possible options and advise you in the direction that will best benefit you.

Please be careful with your intake of medication, whether it is over-the-counter or prescribed, that contain acetaminophen.

Contact David Payne at 471.847.7516 anytime for a free, no-obligation consultation regarding your claim.

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Posted In: Defective Products , Pharmaceutical Drugs , Pharmaceutical Litigation/Defective Drugs

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Troy D. Holder of Girard, Kansas was involved in a Missouri rollover accident on the morning of June 16, 2009, according the Missouri State Highway Patrol. The accident occurred on U.S. Highway 54 about 4 miles west of Nevada, Missouri. Holder lost control of his 2002 Dodge Ram on the wet pavement and slid off the right side of the road. He struck the ditch embankment and overturned. The truck finally came to a rest on its top in the ditch. Holder was then taken to the Nevada Medical Center to be treated for personal injuries.

Recognizing the dangers of reckless driver, an ad campaign released the following video and aren't the lives of our children worth the money and time invested in keeping the well-advised of the ramifications of poor driving decisions?

According to the National Highway Safety Traffic Administration (NHTSA), rollover crashes have a higher fatality rate than any other kind of crash. More than 10,000 people a year are killed in rollover accidents. Rollover accident fatalities account for 33 percent of all passenger vehicle fatalities.

In this Missouri rollover accident, it is not clear why Mr. Holder lost control of his Dodge Ram. An experienced rollover accident attorney, David Payne, would look into whether there was a mechanical problem or motor vehicle defect that may have caused this U.S. Hwy. 54, Missouri rollover accident. If this rollover accident was caused by some type of defective product, then the car maker could be held liable for the personal injuries.

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.

Please contact David at 417.847.7516 for a free, no-obligation consultation regarding your rollover case.

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Posted In: Auto Accidents , Defective Products , Insurance Claims

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A Missouri man was killed in auto accident in the early hours of June 28, 2009 in Montgomery County, Texas, according to a report from the Houston Police Department (HPD).

The accident occurred on U.S. Highway 59, near Kingwood Drive, as Willie T. Tolbert, 54, and his wife was pulled over on the shoulder of the roadway to switch drivers. When Tolbert exited the driver side of the Chevrolet Aveo, a Dodge Ram pickup veered onto the shoulder and struck him and his vehicle.

The HPD indicated that there was not alcohol involved. However, they did indicate that the driver of the Dodge had fallen asleep at the wheel when he hit Tolbert. The pickup rolled over and the driver was ejected. Tolbert was pronounced dead at the scene and his wife did not sustain any physical injuries.

While on the road, drivers are required under law to exercise "reasonable care under the circumstances." If a driver fails to use reasonable care, then there is negligence involved. Whether they are speeding, drunk, distracted, or very fatigued, negligent drivers put themselves and others at risk out on the road.

In cases, like the one above, where the driver does not exercise reasonable care, the injured parties would be eligible to receive compensation that can cover the following:

• Medical expenses
• Loss of wages
• Cost of physical therapy
• Other damages relating to the accident

If you or a loved one has suffered personal injuries or death due to the negligence of another party out on our Missouri roadways, you would be well-advised to consult with Missouri auto accident attorney David Payne. David will examine all aspects of the case to find out who was at fault and outline the best legal path.

In almost all cases, there is an insurance company that is responsible for all, if not a portion, of the injuries resulting from their insured driver's negligence. If the at-fault driver lacks car insurance or sufficient insurance coverage, then the family of the deceased or injured victims might be able to acquire benefits from the uninsured or under-insured motorist clause in the victim’s car insurance policy.

Experienced auto accident attorney David Payne will guide victims and their families through this legal process.

Contact David Payne at 417.847.7516 for a free consultation on your auto accident claim.

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Posted In: Auto Accidents , Defective Products , Insurance Claims , Wrongful Death Claims & Litigation

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I-44 SUV rollover accident results in serious personal injuries due to a tire tread separation defect. All four occupants of the vehicle were taken to the hospital with serious injuries after the 2004 Ford Explorer, driven by Penny K. Grechus of Farmington, MO, blew a rear right tire and veered off the left side of the highway and overturned several times before coming to rest.

One of the passengers, Cassidy L. Cooper of Appleton City, MO, was ejected from the vehicle and taken to Phelps County Regional Medical Center along with Amanda K. Smith of Springfield, MO, and Julie M. Smith of Montrose, MO. Grechus was flown to Barnes Jewish Hospital.

It is fortunate that nobody suffered fatal personal injuries in this Missouri defective tire accident. I wish the four injured victims the very best for a quick and complete recovery.

A tire blow-out is one of the most alarming things that can happen to a driver on our Missouri roadways. Tire tread separation at highway speeds can often cause the vehicle to rollover like Explorer in this case. Rollover accidents normally cause devastating injuries or even deaths.

This is a classic case of tire failure and tire tread separation, which caused the Ford Explorer to travel off the roadway and overturn. Dealing with defective tire cases, we are beginning to see more cases of tire failure due to a manufacturing or design defect long before the tread on the tire has deteriorated. If a defective tire is proved to be the result of a manufacturing or design defect, then the injured parties would have a claim against the tire manufacturer for injury and damage compensation.

If you live in Missouri and you or someone you care about has been the victim of an auto accident caused by a defective tire, please contact David Payne Law to schedule a free and confidential consultation with an experienced defective tire attorney.

Contact David Payne at 417.847.7516 to discuss your legal rights and the options you have regarding your claim.

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Posted In: Advice for the Injured , Auto Accidents , Defective Products , Defective Tires , SUV Rollover Accidents

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According to a June 17, 2009 report from Business Wire, a class action lawsuit was filed in federal court regarding those injured due to recalled Hydroxycut products.

The class action lawsuit was filed in the U.S. District Court for the Central District of California, against the manufacturers of Hydroxycut: Iovate Health Sciences USA Inc. and MuscleTech Research and Development, Inc.

Hydroxycut attorney, David Payne, is interested in reviewing your Hydroxycut claim.
Call David Payne at 417.847.7516 to discuss your legal rights and outline your options regarding your claim.

According to the complaint, the Hydroxycut products that were the subject of the May U.S. Food and Drug Administration (FDA) recalls, were a series of dietary, weight loss, and muscle building supplements which posed severe health risks, including:

• Serious Liver Damage
• Hepatotoxicity
• Seizures
• Cardiovascular Disorders
• Rhabdomyolysis

The lead plaintiff in this class action lawsuit is seeking relief for everyone involved in the Hydroxycut class against the defendants for violations of various states’ deceptive trade practice acts, misrepresentation, fraudulent, false, and misleading advertisements, and distributing a product which they claimed was safe and effective.

Because Hydroxycut is a dietary supplement and not a prescription drug, it did not have to go through the rigorous testing that is required of prescription drugs. Hydroxycut was not regulated by the FDA and it did not require their approval to be distributed.

If you or a loved one have taken Hydroxycut and have experienced liver problems, seizures, cardiovascular disorders, or rhabdomyolysis, contact personal injury attorney David Payne so he can investigate your case to see if Hydroxycut was to blame.

Posted by David Payne | Permalink | Email This Post

Posted In: Defective Products , Hydroxycut , Pharmaceutical Litigation/Defective Drugs

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There is a reasonable probability of serious adverse health consequences or even death associated with Medtronic's pacemakers. The FDA has issued a serious warning regarding certain Medtronic Kappa and Sigma Pacemakers. The FDA has classified the recall as Class I, which has the highest risk of any recall. Patients with these models of Kappa and Sigma pacemakers should check to see if their pacemaker is part of this recall by contacting Medtronic at 800-505-4636 or by going to KappaSigmaSNList.medtronic.com target="_blank" . As an experienced personal injury attorney, I know it will be imperative for all who think they might be effected to act immediately. Go to your doctor if you have any questions or if you know you have a Medtronic pacemaker.

Medtronic has recommended pacemaker removal for patients who depend on the pacemaker for daily survival or if their pacemaker is listed as defective.

According to the FDA alert, these pacemakers may fail due to a separation of wires that result in a loss of pacing output. Don't assume it won't be a problem. Get answers! Patients with one of these defective medical devices may experience seemingly harmless symptoms associated with abnormal heart rate including fainting and lightheadedness. However, in some cases, patients who are dependent on these defective devices could very well experience serious injury or even death.

Out of the 1.7 million Kappa and Sigma pacemakers that have been implanted throughout the globe, about 21,000 pacemakers are involved in this recall. The recalled pacemakers include:

• Kappa Series 600/700/900
• Sigma Series 100/200/300.

Patients who received the defective medical device implant now find themselves in a difficult position. The risks of surgically removing a defective heart device could be greater than leaving it in. Many patients will have the decision of whether to leave the defective device in, which could potentially kill them, or take it out surgically, which also, has a very high level of risk. What a tragic set of circumstances!

David Payne Law is here to help patients and their loved ones who have suffered serious personal injuries or death due to these defective Medtronic pacemakers. There is no question that the manufacturers of these pacemakers must be held accountable for putting their defective products in the market and putting countless lives in danger.

Please contact David Payne Law anytime at 417.847.7516 for a no-obligation consultation.

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Posted In: Advice for the Injured , Defective Medical Devices , Defective Products

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Zicam, a popular over-the-counter nasal remedy used to decrease the duration of the common cold, has been linked to a loss of smell and taste, or anosmia. On June 16, 2009, the U.S. Food and Drug Administration issued a serious warning to consumers to discontinue the use of three Zicam cold remedy products that are linked to anosmia. Those who believe they may have been suffered associated symptoms should check with their doctor and contact an attorney to seek what legal remedies may be available.

The products include:

• Zicam Cold Remedy Nasal Gel
• Zicam Cold Remedy Nasal Swabs
• Zicam Cold Remedy Swabs, Kids Size (a discontinued product)

The manufacturer of Zicam products, Matrixx Initiatives, failed to perform adequate testing on their product and have not provided sufficient warnings to users. As a result, hundreds have lost their sense of smell and taste.

Personal injury attorney, David Payne, is reviewing potential claims for those who have suffered a loss of smell or taste after using these Zicam products.

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

“Loss of sense of smell is a serious risk for people who use these products for relief from cold symptoms,” said Janet Woodcock, M.D., director of the FDA’s Center for Drug Evaluation and Research (CDER). “We are concerned that consumers may unknowingly use a product that could cause serious harm, and therefore we are advising them not to use these products for any reason.”

Hundreds of Zicam users have already reported a loss of smell after taking the over-the-counter product. In these reports, many people who experienced a loss of smell said the condition occurred with the first dose; others reported a loss of the sense of smell after multiple uses of the products.

“Companies have an obligation to the public to demonstrate to the FDA that their products are safe, particularly when there is evidence they may be causing serious adverse events, and they are marketed for minor, self-limiting conditions like the common cold,” said Deborah M. Autor, director of CDER’s Office of Compliance.

If you or a loved one has experienced a loss of smell or taste and have taken the above Zicam products, contact personal injury attorney, David Payne, to discuss your options and legal rights.

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Posted In: Defective Products , Pharmaceutical Drugs

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Every year, people flock to Ozark’s lakes and waterways for a number of recreational activities. On any given day there are hundreds of boats and water crafts out on Missouri lakes and streams. Unfortunately boating accidents can and do happen on waterways throughout the Ozarks region.

According to the Missouri State Water Patrol, a two-boat collision took place on Lake of the Ozarks on the morning of June 14, 2009. Ronald Hardwick of Marshall, MO was fishing off of his anchored boat at the 92 mile marker when he was struck by another boat. Larry Welch of Deep Water, MO was traveling upstream when he hit the stern and starboard side of Hardwick’s boat.

Some common locations for Missouri boating accidents include:

Lake of the Ozarks
Stockton Lake
Table Rock Lake
Lake Taneycomo
Bull Shoals Lake

In previous years, Missouri has seen hundred of boating accidents with up to 23 annual fatalities. These accidents can have broad range of causes ranging from drunkenness to inattentiveness. Boating accidents can leave injured peoples and their families struggling to deal with the physical, emotional, and economic set backs.

A common causes of Missouri boating accidents are carelessness, inexperience and drinking. Missouri boaters should be aware of boating laws and safety regulations. Operator inexperience and negligence can lead to catastrophic, if not fatal, consequences.

If you or a loved one has been injured in a boating accident, contact David Payne Law, LLC for an evaluation of your case and legal rights.

Call David Payne anytime at 417.847.7516 for a no obligation consultation

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Posted In: Advice for the Injured , Boating/Personal Watercraft Accidents , Defective Products , Wrongful Death Claims & Litigation

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Anna Leal and Jaime Rodriguez of Fort Worth, Texas, were killed in a Missouri rollover accident on the morning of June 4, 2006, the Springfield News-Leader reports. The Missouri Highway Patrol reported that Leal and Rodriquez were pronounced dead at scene on Interstate 44 near Stotts City. The accident occurred when the eastbound 2001 Ford Explorer, driven by Luis E. Nunez, ran off the roadway and into the median before rolling several times.

I offer my deepest condolences to the family and friends of Anna Leal and Jaime Rodriguez for their tragic and heartbreaking loss. Please keep them in your prayers.

According to the National Highway Safety Traffic Administration (NHTSA), there are on an average about 40,000 traffic accident fatalities each year in the United States. The federal agency estimates that about 25 percent of these accidents are rollover accidents.
With rollover accidents, the chance of fatal injuries is much higher because of the intensity of the crash.

In this I-44 Missouri rollover accident, it's not clear why the driver lost control of the vehicle. An experienced rollover accident attorney, David Payne, would look into whether there was a mechanical problem or motor vehicle defect involving the Ford Explorer that may have caused this fatal Missouri rollover accident.

If this car accident was caused by some type of defective product, then the car maker could be held liable for the fatal personal injuries. In product liability cases, families of deceased car accident victims may be able to file a wrongful death claim. Such claims compensate these families for funeral expenses, loss of wages and other related damages.

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 by David Payne | Permalink | Email This Post

Posted In: Advice for the Injured , Auto Accidents , Defective Products , SUV Rollover Accidents , Wrongful Death Claims & Litigation

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In this corner of cyberspace, Southwest Missouri’s premier legal blogger (your’s truly) has been reporting about the Hydroxycut recall of more than a dozen Hydroxycut weight loss supplements which are causing serious liver damage among users. Many experts and consumer safety advocates say that the problem with Hydroxycut (along with other diet aids) is that unlike pharmaceuticals, the FDA does not regulate supplements.

Therefore, it's going to take a class-action lawsuit to stop the sale of dangerous, unregulated supplements like Hydroxycut. It is important that consumers protect their rights and fight aggressive predatory business practices. Please contact David Payne Law (product liability law firm) to can help hold these defective product manufacturers accountable, if you have suffered liver damage or other serious side effects as a result of taking Hydroxycut.

Below is an informative video from about a year ago talking about the "problem" with Hydroxycut and similar products.

The fact dietary supplements are not tested for dangerous ingredients that might endanger lives is simply wrong. This is no protection from the government so private civil personal injury lawyers must step up to the plate; but we can’t do it alone. For instance, prescription drugs must go through rigorous testing to get FDA approval before being sold on the market, as it should be.

However, supplements are not tested nor approved by the FDA. So in the case of Hydroxycut, attorneys and the public have to wait until 23 personal injuries (this is the reported number, but believe me it is much higher) and one death were reported. Now, aggressive and experienced lawyers who take on these cases will go out and do the work to prove the case.

If you or a loved one has suffered negative Hydroxycut side effects or if you have lost someone as a result of using Hydroxycut, please contact the law office of DAVID PAYNE LAW for up-to-date information about the product recall. Hopefully, we can help. I look forward to hearing from you.

Posted by David Payne | Permalink | Email This Post

Posted In: Defective Products , Hydroxycut , Pharmaceutical Litigation/Defective Drugs

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