February 25, 2010

Lawyer Advice for Possible Cox Malpractice from Radiation Over-Exposure During Cancer Treatments

Unbelievably frighting! Anyone possibly involved will need to seek help fast.

Cox Hospital in Springfield announced half of the patients who received a specific cancer treatment in the last five years from CoxHealth were exposed to dangerous levels of radiation. Cox is performing its own internal review to see if this gross mishap resulted in any deaths.

Here's some of the data reported so far:

-Of the 152 patients who received treatment from a specific piece of technology, 76 were given between 20 to 70 percent more than their prescribed dose;
-The others received what is considered safe or "therapeutic" levels of radiation -- which could be as much as 10 percent more than what was prescribed.
-Of the entire group of patients treated with the improperly programmed BrainLAB attachment, 90 died, which is 59%;
-In the group that received more than 10% too much radiation, 48 patients -- or 63 % -- died.

"It is totally unacceptable to us that an error like this ever occurred," said John Duff, senior vice president of hospital operations for CoxHealth. "We intend that no such error will occur ever again in the future." I also hope that Dr. Duff is willing to step up and see that any one effected by this will be legally compensated.

At a press conference, officials were asked if the rate of death in the overly radiated group was higher than what might be expected.

"In many cases, the tumors that these patients had were very serious, and many of these patients had a poor prognosis when they began their treatments," Duff said. "A review of patient records is ongoing and not yet complete, so it would be premature to say the overexposure had any impact on the current medical condition or, of those patients who are deceased, if it was a contributing factor in those deaths."

The error was the result of a physicist -- a board-certified technician -- using the wrong tool to
calibrate the BrainLAB attachment on the radiationmachine. The error went undetected for five years, when in September 2009 a newly hired second physicist questioned the calibrating tools used by the chief physicist. All BrainLAB treatments were suspended at that time.

An internal and subsequent outside audit confirmed that the machine was calibrated correctly for all target areas except for those 1.1 centimeters or smaller. The hospital resumed the treatment for larger tumors in November.


After further data showed that the variances in the radiation levels were off by high percentages, the entire program was suspended in January 2010. Duff said the program will remain suspended indefinitely.

CoxHealth received the final results after an analysis of all 152 patients' radiation levels Feb. 16. Duff said the hospital has been contacting patients since then.

The physicist who calibrated the machine no longer works at CoxHealth, but Duff declined to say whether the individual was fired or left voluntarily. He said hospital policy has changed to ensure more safeguards and more trained staff monitoring radiation technology.

February 22, 2010

Toyata Recall: Lawyer Tells How He See Things

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."Toyota_Logo_silver_svg.png

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

Be safe out there!







February 8, 2010

MO Rear-End Collision Leaves Illionois Man with Severe Injuries

According to the Missouri State Highway Patrol, William H. Pridemore, 51, of Quincy, Illinois was taken to the hospital after he was hit from behind by a 2007 Mack dump truck on the morning of December 28, 2009.

This commercial trucking accident transpired on Missouri Highway 6, about two miles east of Kirksville, when the 2003 Freightliner van, driven by Pridemore, was stopped and attempting to turn left when he was struck in the rear by the Mack truck, driven by Edwin E. West, 48, of Kirksville. The van then traveled off the right side of the roadway and came to a rest. Pridemore was then transported by ambulance to Northeast Regional Medical Center with serious personal injuries.

The dangers of 18-wheeler and large commercial trucks are prevalent in that drivers of smaller, commuter vehicles who are involved in accidents with these large trucks are likely to suffer serious personal injuries such as broken bones, brain and spinal cord damage, or even death. On the other hand, the drivers of these large trucks often walk away from these crashes unscathed.

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.

Below are some statistics provided by the Missouri Department of Transportation.18_wheeler_250x251.jpg

• In 2007, there were a total of 72,155 crashes that involved passenger cars in Missouri.
• The percentage of these crashes that resulted in fatalities was about 0.06 percent.
• In 2007, there were a total of 5,052 crashes that involved 18-wheeler and large trucks.
• The percentage of these crashes that resulted in fatalities was about 2.0 percent.

As you can see from the statistics above, 18-wheeler and large truck accidents are nearly four times more likely to result in fatalities than accidents involving passenger cars. These accidents can often be life changing for the persons involved and their families.

Based on the Missouri State Highway Patrol’s accident report, it appears that the driver of the dump truck failed to slow down or didn’t see Pridemore as he was attempting to turn. If that was the case, both the truck driver and his employer could be held liable for the accident and the injuries that resulted from the crash.

This particular accident could have happened because the truck driver was careless and didn’t slow down. The 18-wheeler truck’s brakes could have failed. Or the truck driver could have been distracted. All of these are the most common causes of large truck accidents in the United States.

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 attorney, David Payne, who will help determine who should be held responsible.

February 4, 2010

I-55 MO SUV Rollover Accident Leaves Two Girls With Serious Personal Injuries

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.

January 20, 2010

Yaz, Yasmin and Ocella Lawsuits Brewing

When a woman has suffered serious personal injuries, including the symptoms listed below, by taking Yaz, Yasmin, or Ocella, product liability lawyers at David Payne Law are critical to obtaining the justice they deserve. Attorneys can assist women and their families in getting the compensation they need in order to recover and move forward with their lives. In a products liability claim against a drug manufacturer, women who have suffered serious injuries or death from taking a drug can potentially recover:

• Medical Costs
• Loss of wages
• Funeral Costs
• Compensation for pain and suffering.

Earlier this month, numerous Yaz, Yasmin, and Ocella lawsuits have arose and been consolidated in one Philadelphia court. Hundreds of plaintiffs have brought claims against the manufacturers of these three oral contraceptives, Bayer Healthcare and Barr Laboratories Inc., after experiencing health problems allegedly caused by consuming the drugs. Litigation here has been consolidated for the sake of efficiency, as more lawsuits are expected to be filed in the coming year.

In this Philadelphia litigation, defense attorneys are asking for plaintiffs to complete questionnaires providing information about their history of birth control use, to aid in acquiring proper and efficient evidence. Plaintiffs’ attorneys have been hesitant to meet this demand, arguing that asking plaintiffs to reveal their birth control history would divulge too much personal sexual information, which might cause them to drop their claims. Thankfully for the plaintiffs, the judge appears skeptical of the defendants’ request and has indicated a commitment to protecting their privacy. The judge has asked the opposing parties to meet and come to a consensus about what types of questions will be allowed on the questionnaire, and which questions will be excluded in order to protect the plaintiffs’ privacy.

Yaz, Yasmin, and Ocella contain a “fourth generation” progestin called drospirenone and carry a 6.3 times increased risk of deep vein thrombosis or pulmonary embolism, according to the British Medical Journal in August of 2009. Compared to using some other types of oral contraceptives, pills containing drospirenone carry about a four times greater risk of health problems that include:Yaz%20Pic.jpg

•Blood clots
•Deep vein thrombosis (DVT)
•Pulmonary embolism
•Gallbladder disease
•Gallstones
•Heart attack
•Stroke

If you or a loved one has suffered side effects, including the ones listed above, and believes they resulted from taking the oral contraceptives Yaz, Yasmin, or Ocella, contact attorney David Payne.

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

January 12, 2010

I-55 Head-On Collision Results in Four Fatalities

Four people perished and three others suffered serious personal injuries as the result of an Interstate 55 fatality accident that occurred in the early hours of Sunday, December 27, 2009 in Pemiscot County near the southbound 8.4 mile marker, according to a report from the Missouri State Highway Patrol.

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 at David Payne Law. David will examine all aspects of your case to outline the best path of legal action.

This I-55 head-on collision took place as a northbound Cadillac Escalade, driven by Leon Cash, 57, of Rockford, Illinois, crossed the median and struck a southbound GMC Yukon, driven by Howard M. Gilliland, 60, of Memphis, Tennessee. Both Cash and Gilliland suffered fatal injuries as a result.

Vontina A. Gilliland, 27, and Felecia R. Reeves-Gilliland, 52, also of Memphis, TN were pronounced dead at the scene by Pemiscot County Coroner Jim Brimhall. Maxine Cash, 56, of Rockford, IL, was the other passenger in the Escalade and was taken by air to the Elvis Presley Trauma. Two other male passengers in the Yukon, ages 5 and 7, were taken to Lebonheur Children’s Hospital in Memphis.

My heart goes out to the families of Leon Cash, Howard Gilliland, Vontina Gilliland, Felecia Reeves-Gilliland and Leon Cash who were tragically killed in this Missouri auto accident. I offer condolences to their loved ones. Please keep them in your prayers.

Also, please keep Maxine Cash and the two young boys in your thoughts and prayers as we wish them the best in a quick and complete recovery.

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 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

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.

January 8, 2010

Yaz & Yasmin Update: Severe and Deadly Side Effects

Yaz and Yasmin are popular oral contraceptives, linked to serious personal injuries, that have been prescribed to millions of women around the nation and in Missouri. Besides assisting to prevent pregnancies, these drugs are also supposed to treat moderate acne and premenstrual dysphoric disorder (PMDD).Missouri personal injury attorney, David Payne, will give you a free and confidential evaluation of your Yaz or Yasmin 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 packaging on Yaz and Yasmin mention side effects, including hair loss, breast pain, depression, and urinary tract infection. While these side effects must not be overlooked, there are more serious, even life threatening, side effects that can result from taking Yaz and Yasmin that include:

• Blood clots
• Deep vein thrombosis (DVT)
• Pulmonary embolism
• Gallbladder disease
• Gallstones
• Heart attack
• Stroke

Please feel free to contact David Payne anytime at 417.847.7516.

Yasmin poses a higher risk for blood clots because of the fact it blends ethinyl estradiol (estrogen) with a progestin called drospirenone. This combination has been found to increase the chances of blood clots by more than six times as much than in women who do not take any type of oral contraceptive.

A blood clot that forms within a deep vein is called deep vein thrombosis (DVT). It usually forms in the lower half of the body, but it can occasionally form in the arms or chest. Blood clots and DVT can seriously impair your circulation, but can lead to life-threatening injuries or death if a piece of the clot (embolus) breaks loose and travels upstream toward your heart and lungs.

When the embolus reaches a pulmonary artery and becomes lodged within it, it can prevent blood from reaching your lungs. This is a pulmonary embolism and can lead to permanent lung damage or death.

Traveling blood clots can also prevent oxygen-rich blood from reaching the heart, which can cause a heart attack or permanent heart damage. If the embolus lodges within an artery that supplies blood to the brain, you can also become highly at risk for a stroke. Strokes happen after the brain has gone more than three or four minutes without oxygen and can lead to blindness, paralysis, speech problems and memory loss.

Recent studies also revealed that Yaz and Yasmin can increase the level of cholesterol in your body. The higher cholesterol content can find its way into the bile stored within your gallbladder, which leads to gallstones. There is also a concern that Yaz and Yasmin reduce gallbladder contractions. This causes inflammation known as acute acalculous gallbladder disease. The most common solution to these problems is to surgically remove the gallbladder, which results in serious side effects in itself.

If you or a loved one has suffered side effects, including the ones listed above, and believe they resulted from taking the oral contraceptives Yaz or Yasmin, contact attorney David Payne.

David has the experience you need fighting for you!

January 5, 2010

One Dies and Several Suffer Serious Injuries in Missouri Car Wreck

One Fulton woman parishes and five others suffer serious personal injuries in a Missouri fatality accident on the evening of December 16, 2009, according to a report from the Missouri State Highway Patrol. 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.

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.

This accident occurred just south of Auxvasse at the intersection of US Highway 54 and State Road T in Callaway County. Here, Tyler W. Wilson, 20, of Mexico, MO was crossing US 54 on State Road T and struck a westbound 1991 Ford van, driven by Fredtonya M. Rodgers, 41, of Fulton, MO. The van then ran off the right side of the roadway and overturned. Rodgers, Jamie L. Jaegers, 30, of Troy, MO and Michelle R. Lee, 38, of Fulton, MO were ejected from the vehicle.

Rodgers, Jaegers, Martha J. Krampe, 39, of Williamsburg, MO, Cynthia A. Hopkins, 51, of Columbia, MO and Martha A. Gardner, 64, of Jefferson City, MO, all of the van, were transported to the University of Missouri Hospital in Columbia with serious injuries. Lee was pronounced dead at the hospital later that evening.

Wilson was transported to Audrain Medical Center with minor 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
•Funeral expenses
•Other damages relating to the accident

Families with deceased loved ones may also be eligible to receive compensation with a wrongful death claim.


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

January 4, 2010

Largest Crib Recall in History – Defective Children’s Product

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.

December 31, 2009

Update: Slim-Fast® Recall - Lawyer For Free Consultation

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.

December 30, 2009

MoDOT Responsible for Fatality in Tractor-Trailer Accident

Jemma Dant, 28, of St. Louis, died in December 2005 when an 18-wheeler truck hit her vehicle and forced it into another truck on I-44 near St. Louis, MO.

If you or a loved one has been injured or killed due to the negligence of another on Missouri’s roadways, contact auto accident attorney David Payne. He has the experience you need to help you through all the aspects of your accident and take one more step in keeping our roadways safe.

A panel has just recently ruled that the Missouri Department of Transportation (MoDOT) must claim responsibility. The panel was ordered to pay $1.3 million to the family of Jemma Dant because of the fact that they failed to give enough warning of the halted traffic on the Interstate.

The attorney representing Dant’s family stated, “The whole argument is that if you (MoDOT) just would have warned the motorists of the traffic backup, the crash wouldn’t have occurred. If there’s going to be something unexpected on a highway, you have to warn people about that.”

Auto accident victims who are injured by a negligent driver can receive compensation that covers the following:
• Medical expenses
• Loss of wages
• Cost of physical therapy
• Other damages relating to the accident

Trucking%20Picture.jpg

A skilled auto accident attorney at David Payne Law will also look into whether a dangerous road condition could have contributed to the accident, like in the case of Jemma Dant. If that was the case, then the government agency responsible for maintaining that particular roadway could be held liable for damages, as well.

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

December 23, 2009

Slim-Fast® Recall Tops 10 Million

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:slim_fast_mkw.jpg

• 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.

October 12, 2009

Highway 65 SUV Rollover/Tire Blow-Out Accident Results In Fatal Injuries - Wrongful Death Claim

The Missouri State Highway Patrol (MSHP) has identified a Missouri man who died in a US-65 rollover accident as Stephen P. Bullock. According to a report from the MSHP, Bullock, 35, of Brighton, was traveling southbound on US Highway 65, about two miles north of Springfield, when his 2001 Ford Explorer suffered a tire blow-out. Bullock lost control, ran off of the roadway, and overturned several times. He was pronounced dead at the scene by Assistant Greene County Medical Examiner David Brown.

My heart goes out to the family of Stephen Bullock who was tragically killed in this Greene County rollover accident. I offer my deepest condolences to his loved ones. Please keep them in your prayers.

Tire failure, or tire tread separation, are among the most common auto product defects that can cause drivers to lose control of their vehicles. During a blow-out, it is very common for the driver to lose control of the vehicle and it is tough, even for skilled drivers, to correct the situation.

According to the National Highway Traffic Safety Administration (NHTSA), about 10,000 people die every year in rollover accidents across the U.S.

Get in touch with a reputable Missouri defective tire accident attorney at David Payne Law, LLC, who will be able to help determine whether the defective tire was the cause of the accident. The vehicle and the tire must be preserved in their current conditions so they can be looked over for evidence of defects and/or malfunctions.

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.

September 19, 2009

Two Missouri Men Were Seriously Injured In MO-32 Semi Truck Collision

Two gentelmen suffered serious personal injuries in a Missouri 18-wheeler accident on July 14, according to a report from the Missouri State Highway Patrol.

Mark L. Mickel, 43, of Matthews, MO, was traveling westbound on Highway 32 in a 1996 International truck when he crossed the center line and hit a 2005 Chevrolet Uplander, driven by Stephen K. Nixon, 62, of St. Louis, MO. Mickel went off the left side of the road and hit a tree. Nixon went off the right side and overturned. Both men were taken to St. Genevieve County Hospital with minor personal injuries.

So many of these accidents result in serious injuries and death, but luckily this Missouri commercial truck accident resulted in only minor injuries for the persons involved. 18-wheeler.jpg

I wish the best for these two gentlemen in their recoveries.

Although there were less large truck-related accident deaths in 2008 (4,229) compared to 2007 (4,822), too many Americans continue to perish in 18-wheeler and large trucking accidents. Although some of these accidents do not occur at the fault of the truck driver or trucking company, there are still steps that they can take to prevent accidents.

Steps that truck drivers can take include, but are not limited to, the following:

•Do not drive when fatigued
•Always check your blind spots
•Stay a safe distance behind other vehicles
•Properly maintenance your truck
•Reduce your speed in work zones
•Frequently inspect your truck
•Properly secure your cargo
•Practice defensive driving
•Always get plenty of rest before driving

If you or a loved one has been injured or killed in a Missouri 18-wheeler and large truck accident, please contact an experienced Missouri injury attorney at David Payne Law. David will properly investigate the evidence, assess your injuries, and pursue the maximum recovery that you deserve.

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

September 10, 2009

Update On Interstate 44/OK 18-Wheeler Accident - Wrongful Death

The June 28 seven-vehicle pile-up that took place on the Will Rogers Turnpike left 10 people wrongfully dead and marked Oklahoma’s 32nd fatal 18-wheeler accident, according to a recent OKNews article.

Seven federal investigators from the National Transportation Safety Board, along with local investigators, looked through the remains of one of Oklahoma’s deadliest highway crashes. Capt. Craig Medcalf of the Oklahoma Highway Patrol (OHP) determined that the tractor trailer was roadworthy and its brake pads were in good condition.

"In an accident of this magnitude, everything’s going to be closely looked at,” Medcalf said.

The truck’s driver, Donald Creed, 76, of Willard, MO, could face up to 10 negligent homicide charges, Ottawa County District Attorney Eddie Wyant said.

The 18-wheeler is owned by Associated Wholesale Grocers (AWG) of Kansas City, KS. According to the Federal Motor Carrier Safety Administration (FMCSA), AWG has a satisfactory rating. The FMSCA’s records show no problems with the company’s drivers and they have an above-average-out-of-service-rate, which is how frequently the trucks have been taken off of the road after a safety threat is found.

On the afternoon of the crash, Larry Smith, of Tulsa, OK, was stuck in traffic on I-44, along with his wife, granddaughter, and one of her friends, on their way to Branson to celebrate his granddaughter’s birthday.

Smith’s wife, Marcella, heard the crash. “All of a sudden we heard this pow-pow-pow there. There was no horn. No screeching. No anything,” said Marcella.

The OHP determined that Creed was in “apparently normal” condition with no sign of drug s or alcohol and he was not using a cell phone.

A cruise-control device revealed that Creed’s truck was traveling at 71 mph at the time of the crash, Horton said. The speed limit on that stretch of the turnpike is 75 mph.

"We actually interviewed truck drivers that were immediately behind him, they all were able to detect the backup so they started backing off and slowing down,” said Patrol Captain Scott Horton. "He just pulled away.” Troopers saw no signs or evidence of braking by Creed, continued Horton. "No skid marks,” he said. "We didn’t see any visible signs of braking.”

“While Creed was within federal daily driving limit requirements, fatigue could have played a factor in the crash,” Horton said. “It will be at least a month before a report will be ready to turn over to prosecutors,” he added

Clayton Boyce, vice president of public affairs for the American Trucking Association, offered condolences to the victims’ families. Little can be said until after the investigation is complete, he stated.

Families in which loved ones have perished or suffered personal injuries due to an 18-wheeler accident, like this one, would be well-advised to retain the services of experienced Missouri 18-wheeler accident attorney, David Payne. David Payne Law will help determine the facts of the case, identify the negligent parties, and attempt to hold them responsible.

Where negligence or wrongdoing is involved, families of deceased traffic accident victims are able to file a wrongful death claim. Such a claim compensates the victim’s families for the death of their loved one that may have been caused by the negligence of another party.

Contact David Payne at 417.847.7516 for a free, no obligation consultation. David will outline your legal rights and the options you have regarding your claim.

September 8, 2009

Polaris Announces Defective ATV Recall

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 $9000.09755.jpg

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.


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.

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.

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.

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.

July 9, 2009

Train Accident Results In Death ~ Greene County, Missouri

An Ozark, MO man died on July 1, 2009, after he was involved in a Missouri train accident.

Michael J. Biggs, 30, was driving his 1993 Ford van across the tracks at a private crossing just east of Springfield when it was hit by a coal train about 1:30 in the afternoon.

A report from the Missouri State Highway Patrol stated that Biggs failed to yield at a non-signaled crossing with a stop sign and pulled into the path of the BNSF locomotive, which was pulling 124 empty freight cars. Biggs was pronounced dead at the scene by Greene County Deputy Coroner David Brown.

The following information is provided by the Federal Railroad Administration:

• There have been a total of 11 train accidents in Greene County since 2006.
• In 2008, there were a total of 46 highway-rail train accidents in Missouri.
• Of those 46 accidents, 10 resulted in fatalities.

Train accidents can happen in an instant, but the effects can last a lifetime. A train crash can affect your health, your work, or even result in death. If you were in a car crash then the party who caused the crash would be responsible for paying your bills. The same is true in a train crash, except the responsible party is a train company.

When a train crash is caused by a train company's negligence or error, they are responsible for covering your associated medical bills, lost wages, and pain and suffering.

If you someone you know has been injured because of negligence relating to railroads or trains, let David Payne Law, LLC review your case to determine your legal options.

Contact David Payne online or at 417.847.7516 for free no obligation consultation.

July 5, 2009

SUV Rollover Results In Death & Serious Personal Injury ~ Is There A Wrongful Death Claim Or Other Legal Options For The Family?

A Jefferson City man died in a Missouri SUV rollover accident on the afternoon of June 27, 2009, in Cole County, according to a report from the Missouri State Highway Patrol.

Arthur W. Bodamer, 83, of Jefferson City, MO traveled off of the left side of the roadway, struck a tree, and overturned. The 2005 Toyota Highlander finally came to a rest on all four wheels. Bodamer was pronounced dead at the scene by Cole County Coroner, Dr. Carl Doerhoff. Bodamer’s wife, Patsy A. Bodamer, 79, also of Jefferson City, endured serious personal injuries and was flown to the University of Missouri Hospital in Columbia.
Youth Reckless Driving - Horse - Celebrity bloopers here

My condolences go out to the family and friends of the Bodamers and I wish Patsy all the best in a fast and complete recovery.

In this Missouri SUV rollover accident, it's not clear why Bodamer lost control and traveled off of the roadway. Experienced SUV rollover accident lawyer, David Payne, would look into whether there was a mechanical problem or motor vehicle defect involving the Toyota Highlander that may have caused this fatal Missouri rollover accident.

If a mechanical problem or vehicle defect is in fact the reason for an SUV rollover accident, the family of the deceased or injured victims may be able to file a product liability claim against the manufacturer of the defective product. The victims or the families would be able to receive compensation for things such as medical expenses, funeral expenses, and loss of wages.

Call David Payne Law, LLC at 417.847.7516 or fill out our online form for a free and comprehensive initial consultation for the injured victims and their families.


July 3, 2009

Missouri Resident Killed In Early Morning Crash ~ Negligent Driver Fell Asleep

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
14535529.jpg

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.

June 20, 2009

Boating Accident In Missouri ~ Ozarks Injury Attorney

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

June 15, 2009

SUV Rollover Accident ~ I-44 in Lawrence County, Missouri ~ Serious Personal Injury ~ Wrongful Death

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. car_accident_lawyers.jpg
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.

January 14, 2009

Cell Phone Usage By Truck Driver To Blame For 3 Deaths & Countless Injuries To Others

Oh, my! Another senseless tragic crash that resulted in three deaths can be linked to cell phone usage while driving. As an attorney for victims, I simply pray that the insanity stop and that truckers are never allowed to use a phone while behind the wheel. If you or a family member is involved in a similar wreck, remember knowledge is power. Below is the account from the St. Louis Post-Dispatch and Springfield News-Leader.

TRUCK & 18 WHEELER

An accident reconstruction report from the Missouri State Highway Patrol confirms the driver of a tractor-trailer involved in a fatal July pileup on Interstate 64 was distracted by a cell phone. Truck driver Jeffrey Knight stated in the report, "I reached across the dash to get my cell phone. I flipped the phone open, looked back at traffic, and I was there right at the last car (in the line of cars stuck in traffic). I didn't see any brake lights or emergency flashers. After I hit the first car, I just remember holding the steering wheel and seeing cars going to my left and right."

The truck struck at least 10 vehicles and three people died while at least 15 were directly injured, three critically.

At the time of the wreck, a witness reported that the truck was going about 75 mph and did not slow as it approached traffic.

In another similar matter, prosecutors waited just over six months to charge an Imperial man with five counts of felony involuntary manslaughter for driving his dump truck into a minivan and killing the five people inside in July 2005 on Interstate 44 near Six Flags St. Louis. In that case the driver, Thomas Miskel, pleaded guilty and served nine months of a one-year sentence. Undoubtedly, lots of civil litigation was involved with Plaintiffs' lawyers trying to bring some degree of justice to the families of the injured.

The Post-Dispatch reported that five victims from the I-64 crash have sued Knight and Holmes Transport, the company he drove for with Gary Wiseman, the St. Louis attorney representing Knight and the company.

Two of those killed were Amish from Missouri who were headed to a funeral in Tennessee with a hired driver. Lydia Miller died the day of the crash, and Alvin Mast died two days later.

Charles "Keith" Cason was in the car that was rear-ended by the truck, starting the pileup, the Highway Patrol report says and Mark Tiburzi's Toyota Camry was crushed in the accident, leaving the 53-year-old man with severe brain trauma. He now lives in a nursing home. "I talk to him all the time, but he doesn't talk back," his wife of 25 years, Cheri Tiburzi of St. Peters, said. "I've lost part of myself. A part of me is gone."

If you or a loved one has been the victim of such similar tragic events, please contact an experienced attorney now to receive the helpful and compassionate advice you deserve. Fight back with an experienced and passionate attorney.

December 9, 2008

Wrongful Death Claims: Seek Justice for Your Family’s Loss

Under Missouri Law (Missouri Statute 537.080.1), a dependent family member may be eligible to recover money from the individual or corporation that is legally liable for a death of a loved one. Aggressive legal representation is a must. The law is very specific about who may sue for wrongful death damages. The person bringing the wrongful death claim must be the parent, surviving spouse or child. Or, in some instances, a wrongful death claim may be brought with no familial claim to damages; a plaintiff ad litem may be appointed by the court to proceed if no other person is suitable.

Your Family Will Have One Chance At Justice ~ David Payne Law Has the Passion, Experience & Ability To Fight For You!

A successful wrongful death claim requires more than just a compassionate, well-intended attorney. David Payne Law of Southwest Missouri has the experience & knowledge of wrongful death clams, and the resources you need to help you recover & hold responsible the liable party.

Contact David Payne Law to schedule a free/no-obligation consultation with experience. Below is an informative video I pull of the web from an attorney explaining Wrongful Death values in his state. Much of what this web attorney discusses applys to Missouri Wrongful Death matters.

Wrongful death claims can result from accidents such as:

*Drunk driver car accidents
*Truck accidents
*Dangerous products
*Railroad accidents
*Gas explosions
*Medical malpractice
*Construction accidents

If you are considering filing a wrongful death claim, you will need to understand the process and how the law may apply to your right to receive money for damages.

David Payne Law will handle all wrongful death claims on a contingency basis. I will cover all costs of investigating and developing your case for trial. If you don’t receive money for your wrongful death claim, you won’t pay attorney’s fees.