Missouri Accident Lawyer Blog

The U.S. Food and Drug Administration has suggested that makers of propoxyphene voluntarily withdraw the product from stores due to the medicine's potentially dangerous side effects.

Data has shown that propoxyphene users are at risk for developing arrhythmia, a condition of irregular heartbeats that can cause serious health problems including sudden death.

Propoxyphene is prescribed as a mild pain reliever to treat chronic pain resulting from conditions like arthritis. It is sold under the brand names Darvocet and Darvon, but also a number of generic names. It is one of the top 40 most used drugs with millions of prescriptions being filled each year.

The FDA says that considering the risks, the limited benefits do not justify the use of the drug.

Propoxyphene has been under scrutiny for years, with some groups advocating its removal from the market over concerns about unintentional overdose. The United Kingdom withdrew it from the market in 2005 and a European-wide withdrawal began last year.

One of the FDA's goals is to protect consumers from dangerous defective drugs. Other recent examples of drugs that have come under heavy scrutiny are Prempro, Avandia and Trasylol. If you feel that you or a loved one have been injured by unexpected side effects of a certain medication and you want to discuss your legal rights, consult a St. Louis personal injury attorney with dangerous drug litigation experience.

Kendra Wood, 19, was involved in a serious injury accident over the weekend, but the outcome of the crash involving a Burlington Northern Santa Fe train could have been much worse.

According to local media reports, Wood was driving her Mercury Sable along County Road 161 after work. At approximately 4:15 p.m., she approached a railroad crossing without a gate and slowed to see if a train was approaching. Her vision was obstructed by the sun on the horizon and she failed to see the train speeding toward her. The front of her car had just crossed the tracks when it was hit and spun off the road into a ditch.

Wood was flown to Liberty Hospital for emergency treatment. Fortunately, the injuries were not life-threatening. Had she pulled forward even one more foot, this Missouri train accident could have been much more serious.

Railroad crossing incidents generally have very serious or deadly consequences due to the amazing forces involved. A fully loaded train can take up to a mile to come to a complete stop and any vehicles that get in the way are often completely destroyed. Motorists approaching railroad crossings should always be extra vigilant.

Unfortunately, even a careful driver can fall victim to a dangerous situation if certain maintenance issues are negligently ignored. Not every railroad crossing has warning lights or gates. In fact, the state of Missouri alone has over a thousand unprotected and potentially dangerous railroad crossings. To make matters worse, sometimes the railroad companies will allow shrubbery to grow around the crossing site which can obstruct the view of a driver. If you or a loved one has been involved in a railroad crossing accident and you would like to discuss your case to learn your legal rights, consult a Missouri personal injury lawyer.

A couple weeks ago, we commented on a Harvard study that concluded that malpractice insurance and defensive medicine make up a small percentage of overall healthcare costs. Those wanting to cut costs significantly will have to find another way besides tort reform. Another recent study shows that the really costly aspect of our system is the medical errors that malpractice suits and defensive medicine are meant to prevent. Here are some of the major findings:

-According to the Agency for Healthcare Research and Quality, nearly 7,000 people die from medication problems including misprescribed pills and dosage errors.

-83,000 people die in hospitals every year of causes that have been labeled "potentially preventable".

-Some people are not getting enough care while others may actually be getting too much. Overall, Americans are receiving about half the recommended care annually, which includes basic checkups and preventive medicine. At the same time, 30% of people may be receiving care they don't need or is unnecessary.

That last statistic is especially troublesome. The groups of people that are not getting the recommended care are likely less healthy, and the people receiving extra care are driving prices up. Additionally, excessive healthcare is not necessarily "better" as certain treatments have significant negative side effects.

It would appear that if you want to lower costs, rather than limit the civil courts system, it should be allowed to hold negligent doctors and hospitals accountable for errors that drive up prices as well as take a terrible human toll. If you or someone you love has been injured by a medical error and you would like to receive legal counsel, contact a St. Louis medical malpractice attorney as soon as possible.

Five people were injured, four of which were teenagers, after a Missouri car crash on Highway 185 in Washington County.

The serious injury accident occurred at the intersection of Highway 185 and Strange Road. Desiree Link, 16, was driving northbound in a 2003 Ford Focus. Another 2003 Ford Focus, this one driven by Tiffany Puckett, 31, was approaching in the oncoming lane. Link attempted to make a left turn onto Strange Road, but as she did so, her vehicle pulled into the path of Puckett's. Puckett was unable to avoid a collision and slammed into the passenger side of Link's vehicle.

Link and Puckett both sustained the most serious injuries and were taken to local hospitals for emergency treatment. Three teenage passengers in Link's car, Dasia Brewer, 14; Dana McKee, 16; and Thomas Simmons, 18, were also injured, but their injuries were not considered life-threatening. They also received treatment at local hospitals for their injuries.

None of the passengers in Link's car were wearing a seat belt at the time of this Missouri Car accident.

Five people were hospitalized Sunday after the van they were riding in crashed into another vehicle on Highway 30 in a serious Jefferson County, Missouri car accident.

This Missouri van accident took place shortly after 4:00 p.m. just west of Route B. According to the Missouri State Highway Patrol, the van was a 2008 Dodge Caravan being driven by William Hoare, 72. As Hoare was driving the van east, a 2002 Dodge Ram, driven by Kayla Elder, 16, was approaching on the highway heading west. Elder attempted to make a left turn onto a private drive and pulled directly into the path of the van. Hoare was unable to avoid a collision and crashed into the passenger side of Elder's vehicle.

Hoare and four passengers sustained injuries and were treated at St. Anthony's Hospital. Among the other victims in this St. Louis area injury accident were Nicholas Bendillo, 81; Robert Larson, 80; Carroll Posey, 74; and Joseph Pusateri, 71. Elder was not injured, according to the initial crash report.

Thankfully, everyone involved was wearing a seat belt or the injuries could have been more serious. Hopefully everyone involved in this wreck can make a full recovery.

The initial crash report also leaves out several other key details such as the speed of the two vehicles at the time of the accident and whether Elder signaled before making the turn. The road conditions were also not described.

In the wake of the midterm elections, an all too familiar topic has once again risen among political pundits: healthcare. Specifically, some in congress seem ready to try and repeal the latest healthcare reform and replace it with something else. Unfortunately, that something else would likely include some type of tort reform designed to restrict payouts in medical malpractice cases.

Tort reform advocates argue that some of the major contributors to out of control healthcare costs are frivolous medical malpractice lawsuits with large settlements and the insurance doctors carry to protect themselves from these suits. Their suggestion is usually some sort of cap on damages that can be paid to the injured victims of medical error.

Opponents of tort reform have long questioned the role that malpractice cases play in rising healthcare costs and a new study from Harvard supports the idea that this role is very minimal. According to the study, which was published in the Health Affairs journal, the medical malpractice system only makes up 2.4% of the total amount spent on healthcare in America. This includes settlements paid to victims, malpractice insurance, and all the legal costs associated with the process.

While reforming healthcare in America is a complicated issue, including tort reform is pretty clearly a mistake. Even if you could eliminate all the costs associated with medical malpractice cases, which is impossible even with the most aggressive tort reform measures, you are barely making a dent in the overall cost of healthcare. This is certainly not the massive cost controlling tool that tort reformers claim and it comes with an incredible human cost. Many people that are seriously injured by medical errors would have their settlements or verdicts limited arbitrarily, perhaps leaving them unable to pay for their recovery.

Another issue that seems to be at work here is popular perception of medical malpractice cases. Because of a few highly publicized incidents, many people seem to think that all malpractice cases are like striking it rich in a multi-million dollar lottery and that a large number of cases are based on frivolous claims anyway. In reality, the court process weeds out cases that are considered frivolous and the average case settles for less than $500,000 before going to trial.

Hopefully whatever healthcare reforms remain permanent, they put patients and injury victims' needs first.

Diana Dawes, 43, and her son, Ivan Barton, 19, were killed when their car was hit head-on by a driver attempting to pass another vehicle.

This fatal Missouri car accident occurred on Highway C near the town of Dixon. Dawes was driving a 2000 Ford Taurus eastbound at the time of the accident, according to the Missouri Highway Patrol. In the westbound lane on the highway, Thomas McGrath, 63, was approaching Dawes' vehicle. Just before the impact, McGrath attempted to pass a slower moving vehicle by moving into the oncoming traffic lane. According to the initial accident report, McGrath attempted to perform this passing maneuver on a hill, which likely obscured the road ahead and possibly led to the tragic car wreck.

The two vehicles collided head-on, totaling both.

Dawes and Barton were pronounced dead at the scene. McGrath sustained moderate injuries and was flown to University Medical Center in Columbia for treatment.

Neither Dawes or Barton were wearing a seat belt at the time of the crash.

This is the second serious accident involving a passing vehicle that we have commented on in the past couple weeks. As we said before, passing vehicles on two lane road is a perfectly legal maneuver as long as it is done safely and at appropriate locations. The lines on the road indicate when it is safe to perform such a maneuver. If the lines are solid, then don't attempt to pass. If the lines are broken or dotted, you are in an area with enough visibility that you should be able to see the road ahead and pass if there is no oncoming traffic.

Typically, hilly and curvy sections of roads are designated as no passing zones, though the initial report of this latest accident did not specifically say how the lines were marked on the roadway at the accident site.

Continue reading " Mother and son killed in Pulaski County accident " »

Brandon Butterfield, 37, was seriously injured in a Missouri car accident when the vehicle he was driving hit a farm tractor on Highway 32 in Cedar County.

Butterfield was driving a 2002 Ford Explorer westbound at the time of the serious car wreck. At approximately 6:20 p.m., a farm tractor, driven by Fred Wosoba, 71, pulled out into the the roadway ahead of Butterfield. Butterfield was unable to avoid a collision and both vehicles sustained massive damage.

Butterfield was seriously injured and taken by ambulance to St. John's Hospital for emergency treatment. Wosoba also sustained injuries and was taken by private conveyance to a local hospital.

According to the Missouri State Highway Patrol, Wosoba failed to yield to Butterfield's vehicle as he pulled his tractor onto the highway.

Under Missouri law, the liability insurance of the at-fault driver is supposed to pay the medical bills and other expenses of the injured party. However, some cases are more complicated than they first might appear and insurance companies will often look for ways to limit the amount they pay out, even if that means trying to stick the injured party with a bill for an accident they didn't cause. To make sure your rights as an accident victim are protected, it is often advisable to discuss your case with a Missouri personal injury lawyer before making statement or accepting an offer with the insurance company.