Missouri Injury Law Blog

As a St Louis worker's compensation lawyer, attorney Ben Sansone represents Missouri and Illinois clients that are injured at work as a result of workplace hazards. Recently, an employee at a Halloween themed park almost died as a result of a workplace danger.

Jessica Rue may seem like most other 18 year old college students that one may encounter. Unfortunately, that is untrue. In October of 2011, Rue became employed by the Creepyworld haunted attraction in Fenton, Missouri as an actress in one of the many scary scenes visitors must walk past. The evening of October 27, 2011 was her second night on the job when something went horribly wrong.

I would like to paint the following image for you regarding her work environment before I go any further:

The scene she is working in is supposed to be a bathroom that is drenched from ceiling to floor in fake, slippery blood. Ms. Rue's character is dressed in a white wrap-around towel and dark shorts. In the bathroom, there is a noose prop in front of the bathtub portion of the scene as well as a mannequin. Sounds like an accident waiting to happen, doesn't it?

Rue had been instructed to use the noose prop to play up her character in hopes of frightening the visitors to the attraction. While doing what she had been instructed by her manger, Chelsey Rusbarsky, Jessica Rue, somehow slipped off the edge of the bathtub that was drenched in the fake blood and struggled for dear life while hanging by her neck in the noose.

The Jefferson County Sheriff's Office stated that for the 2 to 10 minutes that she was hanging in the noose, visitors must have assumed that she was either a prop or a very convincing actress and would have probably walked right on by to the next scene. Due to the lack of oxygen to her brain, Rue eventually passed out where she was found by co-worker Sam Israelsen who cut her down and began CPR.

This fun job gone horribly wrong left Ms. Rue in a coma for three days. Today, she suffers from a brain injury from the Fenton accident, including short term memory loss and even the doctors do not know the full extent of the neurological damage due to lack of oxygen to her brain for at least 10 minutes. It was later found out by an investigation of the haunted attraction that the noose used in her scene was not a break-away prop, but securely bolted to the ceiling so that it held her weight whereas a break-away prop would have immediately come apart to avert such a crisis.

In January 2012, Jessica Rue filed a suit against Halloween Productions, Inc. and its owner Larry Kirchner. The suit states that supervisor Rusbarsky and co-worker Israelsen were negligent and intentionally created this life threatening situation due to the fact that they had encouraged Rue and other workers to use this noose to scare visitors even though there was a slip hazard with the fake blood. In this suit, Rue is not seeking any specific amount of damages due to the fact that she will have ongoing medical bills and Medicaid will be dropping her when she turns 19.

According to Claimsjournal.com there were a reported 133 fatal work injuries in Missouri just last year in 2011. That is an increase from 2010. Fortunately, Jessica Rue's injuries were not fatal, but so easily could have been had she been left for even a few more moments. These attractions come to the Saint Louis area each year and are supposed to be fun for both the actors and the visitors. However, in the race to make the most profits, it seems that quite a few safety points were overlooked in last year's design. Hopefully other attractions in the area take note and learn from the near-deadly mistake of one very popular attraction.

If you or someone you know has a loved one who has been seriously or fatally injured in any kind of accident due to the negligence of another party, you do have options to receive compensation for this loss. For information on how to protect your rights in a situation of negligence or wrongful death, please call one of the St. Louis accident/wrongful death attorneys at 1-314-863-0500 today.

Si tu o alguien que conoces tiene un querido que se perdio su vida o se fue herido en un accidente por negligencia de otra persona que esta culpable, tienes opciones para recibir compensacion por esta perdida. Por informacion en protejer tus derechos en un situacion de negligencia o muerto por negligencia, por favor llama uno de nuestros abogados en St. Louis que especializa en accidentes y muertos por negligencia. Nuestro numero es 1-314-863-0500. Llamanos hoy para proteger sus derechos.

Sources:

StlToday.com: Brain Injury at Haunted House

http://www.claimsjournal.com - 2011 Fatal Work Injury Statistics

The sudden death of a loved one is always tragic and heartbreaking, especially when it is at the hands of a drunk or hit and run driver, the added pain that the death was a needless one that should have been avoided. Our Clayton law firm has handled many cases of wrongful death caused by reckless or drunk drivers. We aggressively pursue these cases, regardless of insurance coverage or monetary gain, we understand that a civil verdict is a different type of justice and closure for the family that a criminal conviction or guilty plea sometimes does not have by itself. (See Maryland Heights Missouri Drunk Driving Wrongful Death Lawsuit)

One such tragic and needless death recently occurred in St Louis. Prosecutors in St. Louis have charged a man with leaving the scene of an accident that resulted in the death of a 4-year-old boy and seriously injured his brother. The man, Ricky R. Weeden, 54, was charged with one count of leaving the scene of a motor vehicle accident. He was jailed in St. Louis County in lieu of a $50,000 cash bail. A spokesman from the Missouri Highway Patrol said law enforcement is continuing to investigate the crash. The case is expected to be presented to a St. Louis County grand jury for additional charges in the coming days. The man responsible for the hit-and-run also has a history of DWI convictions and was arrested in 2003 and again in 2010. Police have said that a 2001 Chevrolet Silverado that was involved in the fatal accident was found near Weeden's home in St. Louis.

The boys involved in the collision were 10 and four and were hit as they tried to cross St. Charles Rock Road near Salerno Drive. The accident occurred at 7:30 in the evening as the two boys were headed to a nearby candy store. The Chevy Silverado was headed west when it hit the boys and then took off immediately following the accident. The younger boy died at the scene of the accident while the 10-year-old was taken to St. Louis Children's Hospital and initially placed in critical care with a severely broken leg. Thankfully, his condition was upgraded to good earlier this week and all signs point to a recovery.

Felicia Williams, the boys' mother, said she could not believe that someone could do something like that and just keep going, leaving her children in the road. After crashing into an innocent person, the decision to bolt from the scene is not only heartless, it's also against the law. Now, the driver responsible for the crash is likely to be convicted of criminal charges in addition to the civil penalties he could face.

In Missouri, hit and run accidents are governed by Missouri Revised Statutes § 577.060. The law states:

A person commits the crime of leaving the scene of a motor vehicle accident when being the operator or driver of a vehicle on the highway or on any publicly or privately owned parking lot or parking facility generally open for use by the public and knowing that an injury has been caused to a person or damage has been caused to property, due to his culpability or to accident, he leaves the place of the injury, damage or accident without stopping and giving his name, residence, including city and street number, motor vehicle number and driver's license number, if any, to the injured party or to a police officer, or if no police officer is in the vicinity, then to the nearest police station or judicial officer.

The victims and their loved ones should consider speaking with a St. Louis personal injury lawyer to weigh their legal options. Just because the at-fault driver is facing criminal charges does not preclude the victim or his loved ones from seeking restitution through a civil claim. For information on how to protect your legal rights if you or a loved one has been seriously injured in an accident, call one of our Jefferson County car accident attorneys today at 314-863-0500.

Source: "St. Louis man charged in hit-and-run crash that killed boy in Pagedale," by Denise Hollinshed, published at STLToday.com.

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As an injury lawyer dealing with truck accident and injury cases, I have seen the commercial trucking industry come a long way in tightening its regulations and standards to weed out bad drivers, regulate the current ones, and try not to needlessly endanger others on the highways by having dangerous drivers or improperly maintained trucks on the road.

A new study has found evidence that commercial drivers might lie about sleep apnea problems because they are fearful of losing their job. A situation that can lead to car accidents and needless endangerment of everyone on the roadway.

Sleep apnea is a condition that causes a person's breathing to be interrupted while they sleep. As a result, they frequently do not get a full, restful night's sleep, which can lead to a variety of severe consequences. People with sleep apnea may experience headaches and drowsiness when they are awake and can even suffer from depression due to constant sleep deprivation.

For people whose jobs require them to be on the road frequently, sleep apnea can be a major problem, potentially impacting their ability to earn a living. A driver suffering from sleep apnea is at risk of causing an accident and injuring or killing innocent Missouri drivers. Given this risk, commercial drivers, such as bus drivers, taxi drivers and truck drivers, can lose their job if it is believed that sleep apnea affects their performance.

The new study, done by researchers at University Hospital in Switzerland, looked at sleep apnea sufferers in two groups. They focused on 37 commercial drivers and 74 people who did not drive as part of their job. The study found that the commercial drivers rated their level of sleepiness during the day several points lower than the non-commercial drivers. In other words, the commercial drivers indicated they were not as tired as the non-drivers.

Even more worryingly, the study discovered that commercial drivers were less likely to receive treatment for their condition. Rather than seek regular care, the drivers were more likely to make spontaneous trips to sleep clinics. Researchers believe this could mean the commercial drivers did not have proper control over their symptoms and were suffering more than they claimed.

Researchers hypothesized that the commercial drivers were downplaying their symptoms out of fear of losing their jobs. Because they had more unexpected visits to sleep clinics than the non-commercial drivers, researchers concluded that the drivers were struggling more with their symptoms than other people suffering from sleep apnea.

If commercial drivers cannot feel safe admitting to problems caused by sleep apnea, they may never get the treatment they need. This lack of proper care not only puts the drivers, but other innocent people at risk. Drowsy driving is a serious and entirely preventable problem that costs people their lives everyday.

The St. Louis car accident attorneys can provide the skilled legal representation needed by those who have been involved in an accident. For information on how to protect your legal rights if you or a loved one has been seriously injured in an accident, call us today at 314-863-0500.

Source: "Bus, Truck Drivers May Downplay Sleep Troubles," by Robert Preidt, published at NIH.gov.

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Its not new, running red lights is a major cause of auto accidents and behind drunk driving accidents and texting while driving, probably the biggest contributor to needless injuries on the roadways. One tragic example, a North St. Louis driver and friends Dainosha Scott, 19 and Marion Robinson, 21, were driving through the intersection of Grand Boulevard and Natural Bridge in the North St. Louis area. This was no usual ride down the street as the driver proceeded to speed through the intersection at speeds upwards of 80 miles per hour.

The driver not only clipped one car already in the intersection, but then proceeded to crash into a Metro Call-A-Ride bus which fell over due to the force of the speeding car. While the driver and passenger of the car that was clipped only suffered minor injuries as well as the bus driver, Scott and Robinson were not so fortunate. Both passengers had been sitting in the backseat and were killed during the crash. The reckless driver of the speeding car walked away with only minor injuries and then was released into police custody at the hospital; no charges had been filed at the time of the February 22, 2012 accident.

This entire incident had been caught on the red light camera at the Grand Boulevard/Natural Bridge intersection. The video clearly shows no attempt on the part of the driver to slow down for any of the cars in the intersection which very obviously was the direct cause of this fatal and very graphic accident. Clearly a strong basis for a civil wrongful death lawsuit.

Unfortunately, there have been no reports of any formal charges being filed against the driver of the speeding vehicle. However, this does not mean that this individual is not culpable for their actions that led to the wrongful deaths of two young people who were merely helpless passengers in this tragic unfoldment. The passengers, Scott and Robinson, put their full trust in the driver when they entered the vehicle that afternoon. It would seem that the driver of this vehicle breached their duty of care to the passengers in the backseat of the car when he/she chose to drive over the speed limit and endanger the lives of so many other drivers.

Per the Missouri State Highway Patrol Statistical Analysis Center, in 2010, there were 12,220 people injured in 8,342 personal injury accidents involving a speeding vehicle. The next statistic that I would like to share are the 2010 fatalities in speeding vehicle accidents. In 2010, there were 301 fatal crashes in Missouri which killed a total of 323 people. That means that in each accident, there was either at least one passenger in the vehicle or that an innocent bystander lost their life due to a speeding vehicle. These numbers are astonishing and they are from two years ago. The drivers that choose to speed are not only doing themselves a disservice by putting themselves in harm's way, but are knowgingly breaching the duty of care that they owe to each passenger in their car as well as other drivers on the road. These drivers must be held accountable in some manner whether it be through the criminal courts, civil litigation or a combination of both.

If you or someone you know has a loved one who has been seriously or fatally injured in any kind of accident due to the negligence of another party, you do have options to receive compensation for this loss. For information on how to protect your rights in a situation of negligence or wrongful death, please call one of the St. Louis accident/wrongful death attorneys at 1-314-863-0500 today.

Si tu o alguien que conoces tiene un querido que se perdio su vida o se fue herido en un accidente por negligencia de otra persona que esta culpable, tienes opciones para recibir compensacion por esta perdida. Por informacion en protejer tus derechos en un situacion de negligencia o muerto por negligencia, por favor llama uno de nuestros abogados en St. Louis que especializa en accidentes y muertos por negligencia. Nuestro numero es 1-314-863-0500. Llamanos hoy para proteger sus derechos.

Article by staff author Carrie Cuadra.

Sources:

Fox 4 News - Red Light Revelas Graphic St Louis Intersection Crash

Missouri State Highway Patrol - Crash Statistics for Speeding

As a St Louis Missouri accident attorney, I see my clients suffer the patent as well as the not so obvious symptoms of brain injuries. Brain injuries often result from auto accidents and bike accidents, but it is in the realm of youth football and professional football that head injuries are getting added attention recently. It will come as welcome news to many parents that as high school football season kicks into gear, the dangers associated with head injuries are becoming increasingly well known. The new attention concussions are receiving has led to changes in how they are detected and dealt with. Head injury lawyers and their clients pursuing brain injury cases has brought this issue into the mainstream. The basics of a brain injury are illustrated below, neuronal shearing or axonal shearing are often the cause of the victims symptoms.

While a concussion is defined as a trauma to the brain resulting in neurological injury, athletes may experience a range of symptoms as a result. According to the Mayo Clinic, the signs and symptoms of a concussion can be subtle and may not be immediately apparent. Symptoms can last for days, weeks and in more serious cases, a lifetime. The most common symptoms after a concussive traumatic brain injury are headache, amnesia and confusion.

While a host of concussion-related lawsuits have been directed against high schools, much larger athletic organizations have found themselves in the crosshairs, including the NCAA, NFL and NHL. The increase in such suits corresponds with an increase in awareness of the risks posed by head injury. Studies have been conducted which are finally revealing the long-term damage such injuries can cause, including severe degenerative brain disease.

Just last month, Bryan Namoff, a longtime D.C. United defender whose career was cut short by a concussion, filed a $12 million lawsuit against his Major League Soccer club, claiming they failed to properly evaluate his injury and cleared him to play too soon.

Namoff contends that United was negligent in its care and treatment after he was injured in a game back in 2009. He was cleared to play only three days later, in a game which he did not then know would be his final appearance on the field. Namoff alleges that he suffered brain damage and cognitive, memory and sensory loss as a result of his head injury. He also has permanent headaches and fatigue, sleep problems and hypersensitivity to motion.

One major case that helped get the ball rolling was filed last year by former athletes against the National Collegiate Athletic Association. The plaintiffs claimed that the organization was negligent in caring for its players and failed to properly treat brain traumas despite an awareness of the dangers they posed.

Another major suit levels similar charges against the National Football League. The litigation involves two groups of plaintiffs, the first consisting of current players who are seeking improved medical care and treatment related to brain trauma. The second batch of plaintiffs includes those suing for actual injury or death caused by their head injuries. Nearly 3,000 individual suits have been filed as part of the litigation and the number could actually go up, as there are nearly 21,000 retired players.

The plaintiffs are claiming that the NFL was aware of the relationship between concussions and permanent neurological damage, but choose to do nothing about it. Attorneys are claiming the League had solid medical evidence regarding the lasting damage posed by such injuries from as early as 1928.

All the lawsuits, whether by parents of injured high schoolers or families of debilitated professional athletes, share a common theme: if the brain is allowed proper time to heal, it can recover from most head injuries. The plaintiffs believe that the defendants failed to provide the necessary time to heal, never warning those in their care of the risks associated with what they thought were only minor injuries.

St. Louis brain injury lawyer Ben Sansone is an experienced Missouri injury trial lawyer practicing in all areas of personal injury including brain injury and medical malpractice. For information on how to protect your legal rights if you or a loved one has been seriously injured, call one of our Missouri head injury attorneys today at 1-314-863-0500.

Source: "Bryan Namoff files $12 million lawsuit against D.C. United, claiming medical negligence involving career-ending concussion in 2009 MLS match," by Steven Goff, published at WashingtonPost.com.

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Those who suffer from chronic pain often turn to steroid shots to help ease their discomfort. Normally, this is treatment is seen as safe and effective. (See Negligent Pain Injections) Sadly, that perception has now changed due to the 105 people sickened across nine states and the eight who have died from fungal meningitis. Now, reports indicate that as many as 13,000 patients may have been exposed to fungal meningitis - a fungus that attacks the brain and central nervous system - from tainted spinal steroid injections. See steroid injection malpractice settlement.

It appears that all of the victims who have been infected were given steroids that had been produced by one Massachusetts pharmacy that issued a recall of the drug and has since closed. This issue touches upon pharmaceutical malpractice and products liability/ dangerous products law The pharmacy that issued the recall is the New England Compounding Center. Given the outcry since the recall was announced some lawmakers have called for bringing certain specialized pharmacies such as the one at the center of this case under greater regulatory scrutiny.

Three lots of potentially contaminated steroid injections were sent by New England Compounding Center to 75 health facilities in 23 states from July to September, according to officials. Despite the wide reach of the facility, oversight falls under the powers of the state, not the FDA. This is because NECC is considered a pharmacy and not a manufacturer.

There are about 3,000 compounding pharmacies nationwide, and drugs made by the facilities represent as much as 3% of the roughly $300 billion in prescription drugs sold in the U.S. each year, according to the International Academy of Compounding Pharmacists.

The FDA has pushed to increase its regulatory authority over compounding pharmacies. Thus far it has been prevented by court opinions and a lack of legislative interest. The FDA issued a warning back in 2007 noting that compounded drugs "are not FDA-approved." The warning went on to say that there had been "devastating repercussions" from such drugs, including three patients dying of infections from a drug used to paralyze the heart during surgery and two patients at a veterans hospital who were blinded by a compounded product used in cataract surgery.

Authorities from across the country fear there may be many more infections, as previous instances are reported or new cases develop. The virus has an incubation period of as little as two days or as many as 28 days. Fortunately, this type of meningitis is not contagious like the viral and bacterial types, but it is obviously still dangerous and potentially deadly.

People who received steroid treatments in the last three months are being contacted and made aware of the situation. If you have received this type of treatment recently, please contact your doctor or the facility where the steroid treatment was given to determine whether you might be at risk.

Those who have suffered injuries at the hand of their doctor should be aware that legal remedies might be available to them. If you or a family member have suffered needless injury or death as a result of hospital or doctor neglect, please contact the experienced Missouri medical malpractice lawyers at Sansone / Lauber by phone (314) 863-0500 or contact an accident attorney online.

Source: "As Outbreak Spreads, Calls for Tighter Controls on Specialized Pharmacies," by Timothy Martin, published at WSJ.com.

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