November 2012 Archives

Things to Ask an Injury Lawyer Before Hiring One

November 30, 2012, by Benjamin J. Sansone

Guest Author, bio at end of article.

A good injury lawyer is worth his or her weight in gold. Not only will a good one fight for you, a good injury lawyer will maximize the amount of money you receive. Unfortunately, like many professions, there are a lot of bad injury attorneys, and so anyone looking to hire one needs to do their research and determine what they need. Without further ado, here are four things to ask an injury lawyer before hiring one - trust me, you want know this information!!

Price

Naturally, you will want to know how much they charge. For injury cases, many lawyers will charge a contingency fee based on the money they win in the courtroom. For example, if you have a settlement, the lawyer will may charge 33%. You will want a lawyer who works on contingency, they will be much more likely to fight hard for you. Also, ask what costs you may be responsible for - some lawyers charge small fees that can add up quickly. Remember, a strong case should demand a lower contingency fee.

Participation

Ask the attorney what you will need to do on your end. To win a lawsuit, it is all about teamwork. Find out how much participation the attorney requires from you, because some lawyers are more hands off, while others love the participation. Make sure it is a good fit, no matter what your preference is. Ideally, you would have a lawyer that wants to participate with you while at the same time handling all the (difficult-to-understand) legal stuff.

How Long?

When discussing matters of law, it is a good idea to understand how well a lawyer understands it. The longer an attorney has been in practice in your area, the better grasp they will have of all the intricacies of your case Of course, there are solid attorneys that have not been in practice as long, but it would be prudent to know how long they have been working personal injury claims. Many lawyers switch their field mid-career, and this can be okay, but make sure any personal injury lawyer you hire has enough experience that you are more than confident in their abilities to win your case. A Google search can help you to figure out whether or not your area is more plaintiff-friendly or defendant-friendly, and this can have a huge impact on a newbie's ability to win.

Communication

Ask your lawyer how communicative he or she is with clients. Many lawyers are notorious for ignoring their clients while others seem to love constant contact. Choose what is right for you - most people should seek a lawyer with good communication skills, especially since the legal process is intimidating and confusing to the average person. Remember, good communication in any relationship is vital, a client-lawyer relationship is no different. You don't want to be stuck talking to a receptionist, but if you are, make sure that at they are at least happy to work with you!

In most cases, the amount of money you receive comes down to the competency of the lawyer. A good lawyer is worth his or her cost, as in the end, he or she can get you a sizable settlement. Remember to not only to ask these questions, but note how you feel when sizing them up - intuition goes a long way.

Amy Rydell writs about law, consumer advocacy and more. Her favorite piece is on the Top 10 Best Online Criminal Justice Degree Programs.

Jefferson County Truck Accident: $150,000 Settlement, Auto Insurance Policy Limits

November 29, 2012, by Benjamin J. Sansone

In June 2011, Clarence was spending time with his grandson. Around 1:50 p.m. in the afternoon, in House Springs, Missouri, they were driving in Clarence's pickup truck on Route MM a few tenths of a mile from its intersection with Miller Road. Another driver, Aureliano Correa-Garcia, was driving a VW Jetta Westbound on Route MM when he crossed the center line and drove down the wrong side of the road, causing ahead on car accident with Clarence and his grandson.

After investigation, the reporting police officer concluded the collision was Mr Garcia's fault, noting probable contributing circumstances as "Wrong Side (not passing)" and "Physical Impairment". At trial, the police officer's conclusions or opinions are not admissible as evidence. The jury can only hear the evidence of what he was told or observed, then the jury decides who was at fault.

There was no evidence of physical impairment other than the officer's statement of it being a factor, thus at this point, no evidence that can be used at trial. As part of our legal investigation of the car accident, we ran a full criminal background check of the other driver and found that he plead guilty to a DWI several years before. This does not mean he was drinking at the time of this Jefferson county car accident, however, we used it as a negotiating position to infer we had evidence he was drunk at the time of the accident. Based on the injuries sustained by the driver and passenger and our position on impairment, we were able to settle the case for all the insurance available, $150,000, which was a high value for this case. We were able to settle for this amount within a few months and without having to file a Jefferson County car accident lawsuit. Saving our clients time and money.

Sample from demand letter regarding DWI:

"On April 24, 2010, your insured plead guilty to and was convicted of DWI in St Louis County, case # 09SL-MU00989. Even though this DWI was not related to the collision at hand, under Missouri law prior convictions are admissible to attack the credibility of your insured. By implication, an argument could be made that your insured was under the influence of drugs or alcohol when the collision occurred."

In the current legal environment, auto insurance companies are generally taking hard line positions on Missouri car accident and injury cases. They are taking the position of settling for only medical bills (after adjustment down to only consider what insurance paid not total bill) plus a few thousand for pain and suffering. See Missouri Personal Injury Trial Evidence: Bills "Paid" versus "Charged". this is assuming they admit 00% liability on behalf of their insured driver.

Whenever there is any evidence of aggravating factors, such as: speeding, DWI, texting while driving, cell phone, etc ... that issue must be addressed and highlighted to make the car accident case not just about simple negligence, but a case of carelessness and recklessness causing needless personal injury. This approach adds value to every case as insurance companies know jurors will sometimes forgive mistakes (simple negligence) but will be more receptive to carelessness beyond mere mistakes and even more receptive to reckless behavior that endangers everyone.

If injured in a Missouri or Illinois car accident, contact the injury trial lawyers of Sansone / Lauber today. Contact us online or call us for a free consultation at (314) 863-0500.

FDA Reveals 13 Deaths Linked to 5-Hour Energy

November 29, 2012, by Benjamin J. Sansone

5 hour energy death cases.jpgAccording to a recent article by the New York Times, the Food and Drug Administration has launched an investigation after reports that the 5-Hour Energy product may be linked to some 13 deaths over the past several years. Potentially product liability wrongful death cases may follow.

The FDA confirmed that it has begun an investigation into the 13 deaths which all occurred within the last four years. The investigation is similar to the one involving Monster Energy Drink and the five deaths that were related to its use.

A report by the New York Times revealed that since 2009, 5-Hour Energy has been named in some 90 filings with the FDA including 30 that involved life-threatening incidents. These include incidents of heart attack, convulsions and, in one especially tragic case, a spontaneous abortion.

The company has responded by issuing a statement saying that the small shot of caffeine is safe when used as directed. The company, Living Essentials, says that no more than two of the 2-ounce shots should be consumed in a day and the two shots should not be consumed close together. Each tiny shot contains as much caffeine as a cup of coffee.

Consumer Reports recently studied the levels of caffeine in a wide array of energy drinks and found that the highest amount per serving was found in the 2-ounce, 5-Hour Energy Extra Strength which contained 242 milligrams of caffeine. This is many times more than the 35 milligrams of caffeine found in a 12-ounce can of Coke.

Though caffeine may not be a dangerous and regulated prescription medication, there's no doubt that that such high levels can cause serious harm. Seemingly safe ingredients in products we use and consume every day can cause great harm given the right set of circumstances. As an example of the harm they can cause, the Substance Abuse and Mental Health Services Administration said that more than 13,000 emergency room visits in 2009 were linked to energy drinks.

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 Missouri injury lawyers at 1-314-863-0500 or contact an attorney online today.

Source: "Caffeinated Drink Cited in Reports of 13 Deaths," by Barry Meier, published at NYTimes.com.

See Our Related Blog Posts:

Monster Energy Drink Deaths

St. Louis Child Dead and Another Injured After Hit-and-Run Accident

St Charles Bike Collision, Settled for $300,000.00 - "The Rear End"

November 28, 2012, by Benjamin J. Sansone

bike_accident_lawyer__st_louis_-_the_rear_end_injury.pngA competitive biker was training by riding down the outer road of a highway in Wentzville, Missouri. The biker was wearing reflective clothing and was riding along the white outside lane line. Despite legally traveling on the proper part of the roadway and wearing the proper safety gear, a reckless pickup truck driver struck him from behind with the front passenger side corner of his truck sending the cyclist flying off his bike. The cyclist in this particular case was lucky, because the severity of the impact would have crippled many people. However, my client was in excellent physical condition and after a few days in the hospital and a few months of therapy he recovered, for the most part. He did suffer a concussion from the bike accident, which caused some memory problems and other concussion related symptoms. Despite his head injury, his mental tests came back above average and he managed to recover. This Wentzville bike accident case settled for a very high dollar amount as we aggressively prosecuted the case and our client resisted the insurance company's offers between $100,000 - $145,000 just 6 months before we settled the case. Persistence and patience was the key to this excellent recovery for our client and more than double what the insurance company wanted to settle for.

This cause of a bike collision and injury is referred to as "The Rear End" - See Common Causes of Bike Accidents. This is the hardest collision for a biker to avoid because you generally cannot see cars coming since you are not looking behind yourself while riding. Fortunately, most drivers are good drivers and this type of bike related injury accounts for less than 5% of bike collisions.

How to avoid "The Rear End"? As a Missouri bike injury lawyer and based on my experience and research into bicycle safety, this type of collision occurs most often when the cyclist does not have a rear light, regardless if it is daytime or legally required. See Bike Lights for Safety: See and Be Seen.

Additionally, ride on streets with more generous shoulders, also, studies show that riding in more populated areas as opposed to rural areas, is safer to avoid this type of collision. Typically because lighting is better is more populated areas and drivers tend to drive a little slower because of traffic and shorter distances. A few other precautions; get a rear view mirror and do not ride on the edge of the shoulder or too close to a curb. This allows you room to maneuver and hopefully avoid or lessen a collision.

Serious bike injuries still occur despite taking all these safety precautions, as was with the case with my client above. He did everything he was supposed to do and was still hit by a careless driver. As in many Missouri and Illinois bike accident cases I handle, the typical defense is "I did not see him!", well this is not a defense unless the cyclist did something wrong, such as ride at night with no lights, unpredictably shoot out of the riding lane, etc ... See The "I did not see the cyclist" Defense and dealing with it at Trial

If you or someone you know suffered a bike relalted injury as the result of a careless driver, contact a bike accident lawyer today for a free consultation. Our law-form is based in Clayton Missouri which is located within St Louis County right by the Courthouse. Our injury attorneys routinely represent victims throughout Missouri and Illinois including the following areas: St Charles, Lincoln, Franklin County, Jefferson County, Cape Girardeau, Edwardsville, Belleville, Waterloo, and all of Illinois. Call us today at (314) 863-0500.


The Dangers of Missouri Grain Silos

November 28, 2012, by Benjamin J. Sansone

silo death injury lawyer.jpgThough workplace serious injury and death have been falling on farms in America, one category remains hard for regulators to bring under control. The number of workers dying or becoming injured due to grain bin or silo accidents has stayed consistently high in recent years, reaching a peak back in 2010 of 26 deaths.

Though they may seem benign, silos pose very real dangers to those that work around them. The bins full of corn, wheat or soybeans can become deadly when grain falls out of control, suffocating victims. Since 2007, some 80 people have died in silo accidents. Even more tragic is that 14 of them were teenage boys.

Experts interviewed by the New York Times say that the reason for the high rate of death is the huge volume of corn being grown in the U.S. to keep up with global demand. An emphasis on ethanol production and steady corn prices has kept farmers busy growing and storing the product.

Given how deadly grain bins can be for young workers, with 20 percent of all accidents impacting workers under the age of 20, it's not a surprise that the Labor Department attempted to implement new rules aimed at protecting children working on the nation's farms. The new rules would have prohibited children under 18 from working in large commercial grain bins or silos, keeping them safe by keeping them away from the danger. What is a surprise is how much of a backlash there was against the new regulations and how quickly the Obama administration backed down, pulling the proposed rules from consideration. Last year, the Labor Department proposed new regulations aimed at tightening protections for children doing farm work.

One tragic example of how things can turn bad quickly happened in 2010 in Illinois when a group of teens were sent into a storage tower to loosen corn kernels that had gotten wet and were sticking to the sides of the silo. After Wyatt Whitebread, 14, walked into the silo, a manager at the facility opened a hole in the floor to help move grain out of the storage bin. This movement shifted all the corn in the silo, causing Wyatt, who was walking on top of the corn, to fall. He was consumed by the corn in a matter of seconds, as was his 19-year-old friend, Alejandro Pacas who ran over to help. Both died within moments.

A third worker, Will Piper, 20, was trapped when he tried to save his best friend, Alejandro. Will spent the next 12 hours pinned against his friend's lifeless body while 300 rescuers worked to drain the corn from the silo, managing to keep his head slightly above the corn the whole time.

The real tragedy of the deaths in silos is that nearly every single one was preventable. It's confounding to many experts that more is not done to reduce the harm posed by grain silos when the steps are so easy and inexpensive. A pulley system, a safety harness and a set of boards to fence off a trapped worker cost less than $1,000 per grain silo. Furthermore, following federal requirements by doing things like having a spotter and shutting off any mechanical equipment before someone gets inside a grain bin costs nothing.

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 wrongful death attorneys at 1-314-863-0500 or contact an injury lawyer online today.

Source: "Silos Loom as Death Traps on American Farms," by John Broder, published at NYTimes.com.

See Our Related Blog Posts:

Tragic workplace deaths serve as warning to those in the agriculture industry

Initial Steps to Take When Injured on the Job: Workers' Compensation Benefits and Personal Injury Claims

Missouri Fatal Car Accident: Caused by Sneezing?

November 27, 2012, by Benjamin J. Sansone

sneezing  caused fatal missouri car accident.jpgA tragedy supposedly involving a sneezing fit leading to a Missouri fatal car crash has left a 30-year-old Kansas City woman dead and the other driver facing a police investigation. The other driver in the accident claims that a terrible sneezing episode caused her to lose control of her minivan and crash into the other woman.

Though it's true that sometimes you aren't able to control when or if you are going to sneeze, it is your responsibility to be traveling at a slow enough speed so that you can remain in control of your vehicle and avoid a collision.

The fatal car accident happened on a 2-lane highway where there was little room for error given the lack of a shoulder. The sneezing is to blame for the one driver crossing over the centerline, hitting a passing car head-on. The crash also resulted in injuries to a 1-year-old boy traveling in the car that was hit by the sneezing driver.

A police spokesperson said that while the car accident is highly unusual, a sneezing attack is not a valid excuse. While it is out of the control of the person afflicted, a driver suffering an attack still has the responsibility to safely maneuver their vehicle. The police officer suggested that if such an attack does occur the best thing to do is slow your vehicle down so you can maintain control.

So far officers have issued traffic tickets to the sneezing diver under Missouri's carless and imprudent driving statute. The case is still being reviewed by the Clay County Prosecutor to determine if more serious charges will follow.

Tragically, the woman who died in the accident was not wearing her seatbelt. She was the only person involved in the accident to be without a belt and law enforcement officials say that it was likely a critical factor. Traffic deaths in Missouri are up 6% so far this year and in 2 out of 3 of them, the victims were not buckled up. However, typically, a victim's failure to wear a seat belt cannot be used against them in a Missouri personal injury action. See Missouri Car Accident Evidence: "Can the Plaintiff's Failure to Wear a Seat-belt be Used Against Them?"

Putting on a seatbelt is an easy way to greatly increase your safety while behind the wheel. It only takes a second but it could be the thing that saves your life one day. No matter how responsible of a driver you are, you never know what a passing driver might do or if one might have to sneeze.

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 Missouri car accident attorneys at 1-314-863-0500 today or contact us online.

Source: "Missouri tragedy shows sneezing can cause a fatal crash," by Brian Burnes, published at STLToday.com.

See Our Related Blog Posts:

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St. Louis Area Travel Safe Zones: Reduction in Car Accidents

November 26, 2012, by Benjamin J. Sansone

st_louis_car_accidents_-_travel_safe_zones.pngWord from the Missouri Department of Transportation is that a new strategy involving increased police presence and enhanced speeding fines along a corridor of I-70 appears to be working at reducing the number of car accidents. Anyone familiar with traveling on I-70 near the airport knows the St Ann Police usually have 5 police cars lined up on the side of the highway handing out tickets constantly.

However, the number of accidents resulting in disabling injuries still occur too frequently along the corridor and, as a result, the stretch of I-70 between St. Louis and Lambert Airport will remain a Travel Safe Zone for another year. Though the total number of accidents has dropped, MoDOT says the real goal was to reduce the fatal and serious injury collisions which will take some more work.

The change in the total number of St Louis car accidents has been quite dramatic. In 2009, there were 757 crashes on that stretch of interstate. Fast forward to 2011, after the new traffic plan had been instituted and the number of crashes fell to 384. Unfortunately, the same kind of decline was not found in accidents that resulted in disabling injuries. In 2009, there were 11 such accidents and in 2011 there were eight, not nearly the drop MoDOT was hoping for. Thankfully, fatalities did decline, from two in 2009 to zero last year.

The new plan went into effect in July of 2010 which allowed police departments along the way, chiefly St. Ann, to collect higher fines and more aggressively enforce speed limits. Under Missouri law, speeding fines in a designated "Travel Safe Zone" can be doubled. The St. Ann police chief has said he's told his officers to target speeders traveling 11 mph over the speed limit or greater. So far the strategy has resulted in St. Ann police writing nearly 9,500 speeding tickets this year.

The police chief says the results in St. Ann speak for themselves. In the six months prior to the implementation of the Travel Safe Zone there were 40 accidents along I-70 in St. Ann. During the six months after implementation there were only 10.

The police chief in Normandy, MO spoke out about similar decreases in the number of accidents along his stretch of I-70. In 2009, there were 41 accidents, 2011 saw 19 collisions and so far there have only been six this year. Now if only the Department of Transportation can orchestrate a similar decline in the number of serious injury accidents pedestrians could truly feel safe on that stretch of Missouri highway.

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 (314) 863-0500 today or contact an accident attorney online.

Source: "Travel Safe Zone cuts I-70 accidents by half," by Ken Leiser, published at STLToday.com.

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Bike Lights For Safety: See and Be Seen

November 19, 2012, by Benjamin J. Sansone

bike safety light - st louis bike lawyer injury.pngA few weeks ago daylight savings kicked in, and along with the winter coming, means it gets dark early. Just a few short months ago we could ride without lights until 8:30 pm, now it is dark by 5:00 or 5:30 pm. That means those after work rides need to be accompanied by more than just "legal" lighting.

Under Missouri law, lights and reflectors and required 1/2 hour before sunset and up to 1/2 hour before sunrise. A cyclist MUST have all of the following to be legal:

1. Front light;
2. Rear red reflector;
3. Reflective material on front and rear of bike; AND
4. Reflective material on side of the bike.

But why be just legal? Be safe! Cyclists want to avoid being hit by a car and avoid obstacles in the road that can be small and difficult to see at night, but cause us to lose control. As a St Louis bike injury lawyer, I have represented badly injured cyclists that could have avoided the injury had they been more diligent about their visibility when riding near dark. I highly recommend not just a red rear reflector, but a bright red strobe light on the back. Additionally, a bright front light that also pulsates to grab a driver's attention. Even if it is not dark out, use it, this is equipment that often has inexpensive power consumption or rechargeable batteries and can save your life.

Missouri Statute 307.185 Lights And Reflectors, When Required - Standards To Be Met:

Every bicycle and motorized bicycle when in use on a street or highway during the period from one-half hour after sunset to one-half hour before sunrise shall be equipped with the following:

(1) A front-facing lamp on the front or carried by the rider which shall emit a white light visible at night under normal atmospheric conditions on a straight, level, unlighted roadway at five hundred feet;

(2) A rear-facing red reflector, at least two square inches in reflective surface area, or a rear-facing red lamp, on the rear which shall be visible at night under normal atmospheric conditions on a straight, level, unlighted roadway when viewed by a vehicle driver under the lower beams of vehicle head-lights at six hundred feet;

(3) Reflective material and/or lights visible from the front and the rear on any moving part of the bicyclists, pedals, crank arms, shoes or lower leg, visible from the front and the rear at night under normal atmospheric conditions on a straight, level, unlighted roadway when viewed by a vehicle driver under the lawful lower beams of vehicle headlights at two hundred feet; and

(4) Reflective material and/or lights visible on each side of the bicycle or bicyclist visible at night under normal atmospheric conditions on a straight, level, unlighted roadway when viewed by a vehicle driver under the lawful lower beams of vehicle headlights at three hundred feet.

Their are many causes of bicycle injuries and deaths, don't let the lack of lighting be the reason you end up in the hospital.

If you are an injured bicyclist or know a cyclist that has been injured call the experienced Missouri injury lawyer and cyclist Ben Sansone at the St Louis law firm of Sansone / Lauber: (314) 863-0500 or contact a lawyer online.

Related Bike Safety Blog Posts:

Ghost Bikes - Reminders of St Louis Bike Deaths

Drivers Keep Safe Distance from Cyclists

Lawsuit Says St. Louis Citizens Sprayed With Radioactive Chemicals in Secret Military Experiment

November 19, 2012, by Benjamin J. Sansone

According to a recent report by a professor at St. Louis Community College, the United States military conducted top-secret experiments on the citizens of St. Louis, Missouri for years, going so far as exposing them to radioactive compounds.

The researcher, Professor Lisa Martino-Taylor, said that while it has long been known that the government sprayed supposedly harmless zinc cadmium sulfide particles over St. Louis, she claims that a radioactive additive was also mixed with the compound.

Martino-Taylor says she has found detailed descriptions as well as photographs of the spraying which exposed the unwitting public, predominantly in low-income and minority communities, to radioactive particles. In her research, she found that the greatest concentration of spraying in St. Louis took place at the Pruitt-Igoe public housing complex, which was home to 10,000 low-income residents. She said that 70% of those residents were children under the age of 12.

Despite the extent of the experiment, local politicians were never notified about the chemical content of the testing. The people of St. Louis were instead only told that the Army was testing smoke screens to protect cities from a Russian attack.

Now that details have emerged of the chemical testing, a recent lawsuit filed in City Court says that the agriculture giant Monsanto and others conspired with the military to secretly poison residents of St. Louis with toxic chemicals.

The plaintiff, Benjamin Phillips Sr., claims defendants Monsanto, Parsons Government Services and SRI International participated in a study beginning in 1953 that lasted into the 1960s. Phillips claims the study, known as the "Involuntary Chemical Study on PI Residents", was conducted around the Pruitt-Igoe housing complex in St. Louis.

Phillips, who lived at Pruitt-Igoe at the time of the experiment, claims the chemicals caused emotional and psychological trauma and harm as well as unspecified personal injury. Phillips is seeking actual and punitive damages for public nuisance, liability, intentional infliction of emotional distress and battery.

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.

Source: "Army's secret chemical testing in St. Louis neighborhoods during Cold War raising new concerns," by, published at FoxNews.com.

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Second Major Drug Recall Related to Fungal Meningitis Outbreak

November 18, 2012, by Benjamin J. Sansone

A company with the same founders as the specialty pharmacy linked to a deadly fungal meningitis outbreak is recalling all of its products after federal inspectors said it must improve its sterility testing process.

Officials with the FDA have said that a routine inspection turned up inadequate quality assurance related to Ameridose's sterile products. The FDA was quick to say that it has not discovered any infections linked to the recalled products from Ameridose. In a statement, Ameridose declared it issued the recall "out of an abundance of caution."

Ameridose makes several injectable drugs which can be used in anesthesia or to correct acid imbalances in the body during critical care. Ameridose agreed to shut down for inspection in October after contaminated steroids from the New England Compounding Center (NECC) were linked to a growing fungal meningitis outbreak.

The FDA warned that six drugs produced by Ameridose were already on the FDA's list of drugs in short supply. According to the FDA, the Ameridose recall could exacerbate one or more of the shortages of these drugs. Given the shortages, the FDA is working with manufacturers of the six drugs, asking that they ramp up production if they are willing and able to do so.

According to the Centers for Disease Control and Prevention, there have been reports of 386 fungal meningitis cases throughout the country related to the NECC recall. The CDC also announced that there have been 28 deaths in the following states: Florida (3), Indiana (3), Maryland (1), North Carolina (1), Michigan (7), Tennessee (11) and Virginia (2).

Ameridose and the NECC were founded by brothers-in-law Barry Cadden and Greg Conigliaro. According to Ameridose, it is a separate entity. However, Cadden, who was the lead pharmacist at NECC, has resigned from his role at Ameridose. In a bizarre bit of news, it was recently revealed that despite an internal investigation showing serious contamination problems at the lab, NECC has been sending customers report cards declaring how clean its facilities are.

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 pharmacy malpractice lawyers at Sansone / Lauber by phone (314) 863-0500 or contact an accident attorney online.

Source: "Meningitis-Related Pharmacy Recall Worsens Drug Shortage," by Anna Edney, published at Businessweek.com.

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St. Louis Sees Several Instances of Multiple DWI Convictions in Less Than a Week

November 18, 2012, by Benjamin J. Sansone

DWI accident injury lawyer misosuri best.jpgWorrisome news was reported recently when a local news station revealed that at least two St Louis drunk driving accidents in less than a week involving drivers being arrested with multiple prior DWI convictions. The rash of arrests of repeat offenders begs the question about what law enforcement officials are doing to keep these people off St. Louis roadways and away from innocent drivers.

The first incident occurred a few weeks ago when a 49-year-old woman was arrested for DWI on Olive Boulevard. According to a police spokesperson, the arrest marked the woman's fifth for drunken driving.

The woman's arrest happened only a few hours after Ricky Weeden (who we previously mentioned here) hit and killed a 4-year-old who was crossing the street with his older brother to buy candy from a convenience store. The little boy's brother remains in Children's Hospital recovering from multiple broken bones.

According to court records, before being charged with leaving the scene of an accident, Weeden, had previously had his driver's license revoked following a drunk-driving conviction back in 1993. Since his first brush with the law, he's been convicted of driving while intoxicated at least four more times.

A few days later, another incident involving a drunk driver occurred when a 66-year-old lost control of his pickup truck and ran into four pedestrians who were walking down the sidewalk at Kingshighway and Landsdown. All four victims have been taken to area hospitals for treatment of their injuries. Since the incident the man was arrested and charged with four counts of second-degree assault and driving while intoxicated.

Though each may seem like a tragic example of someone's irresponsible behavior, the problem is that many drunk drivers refuse to learn their lesson. Being arrested once for endangering others is bad enough, but three or four or even five convictions for DWI is inexcusable. Such repeat offenders represent a serious danger to the public, something that the victims of their bad behavior tragically understand.

If you've been injured by a drunk driver it's important to seek out an attorney that's familiar with such cases so that they can ensure you get the compensation you deserve. Missed work, hospitalization, medical bills and continuing therapy are all expensive results of such a collision and you should not bear the financial strain of someone else's irresponsible behavior.

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 Missouri car accident attorneys today at 314-863-0500.

Source: "Multiple incidents in St. Louis-area throughout past week involve repeat DWI offenders," published at KMOV.com.

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Settlement against St Louis Zoo: Fall resulted from Dangerous & Unmarked Condition

November 16, 2012, by Benjamin J. Sansone

zoo_sign - injury settlement st louis accident attorney best.jpgA local St Louis resident was caused to fall at the Zoo as a result of an unmarked depression in the sidewalk. She was visiting the zoo with her grandchildren when she was caused to stumble and fall from the unmarked dangerous condition, causing injury to her shoulder when she braced for the impact.

The victim incurred about $9,000 in medical bills for her treatment, but based on her harms and losses of continued pain and future limitation of the use of her shoulder, we were able to secure a settlement of $103,000.00 for our client. Prior to filing a lawsuit the insurance company for the Zoo offered $15,000 to settle the case. The St Louis city injury lawyers at Sansone / Lauber recommended we proceed with a lawsuit and soon after that, the insurance company agreed to settle for the six figure amount above. See a copy of Petition - Richardson v Zoo.pdf.

Slip and fall injury cases are usually difficult cases to pursue, especially when against an entity, such as the Zoo, that is loved by most people. The keys to pursuing these cases successfully are: (1) know your client; (2) know the injuries and medical treatment inside and out; (3) boil the liability down to the dangerous condition and how it endangers the public; (4) focus on the defendant's willful overlooking of the dangerous condition; and (5) prepare, prepare, and then prepare some more.

Hurt by the negligence of someone else? Contact a Missouri injury attorney online today or call (3414) 863-0500. Consultations are always free of charge and all fees are contingent upon recovery for you; meaning we do not get paid unless you win.

St Louis Ghost Bikes: Reminder Cyclist Struck Here.

November 15, 2012, by Benjamin J. Sansone

ghost bike - death injury lawyer missouri.jpgIn 2003, a Ghost Bike project was launched in St. Louis, Missouri after a man watched as a driver hit and killed a bicyclist. He later put a white-painted bicycle on the spot with a sign that read "Cyclist Struck Here." Passing motorists began paying attention to the haunting bikes, so the man asked for friends to help him place 15 more ghost bikes in various parts of the city that had seen bicyclists killed by careless drivers.

The bikes are meant to serve as small memorials for bicyclists that were killed or seriously injured on the road by a motor vehicle. The bicycles are painted white and set up as roadside memorials. The white bikes are often old and banged up and typically attached to nearby stop sign or light pole.

Friends and families of bicyclists killed in accidents on the Missouri's roadways have taken to placing these white ghost bikes at the location of the terrible accident. The bikes serve as eerie reminders of the damage a car can do to those just out for a ride. The ghost bike memorials are not just St. Louis phenomenon, but are popping up all around the world, with one website (GhostBikes.org) listing some 600 of them in more than 100 U.S. cities and nearly two-dozen countries.

Overall, hundreds of cyclists die and thousands more are injured in accidents each year. The National Highway Traffic Safety Administration reported that 618 cyclists were killed and 52,000 injured in crashes with motor vehicles in 2010 alone.

Bicycling can be dangerous, but cyclists should not have to pay for other people's mistakes on the road. The NHTSA provides several important tips for those out for a bike ride. First, control your bicycle. About half of cyclist accidents are single rider crashes. It's important to learn how to properly control your bike by starting and smoothly stopping it. Second, know the rules of the road. In every city in Missouri a bicycle is considered a legal vehicle. As such, you are required to obey all traffic laws, signs and signals. Ride in the direction of traffic; never ride against traffic. Finally, remember that helmets serve as your last line of protection. Make sure you are using a bike helmet that properly fits your head. Also, if you're riding while it's dark out, reflectors that are attached to the rider as well as the bike can be a lifesaving addition.

As an experienced St. Louis personal injury attorney, I can tell you that it's critically important to seek medical attention as soon as possible if you've been injured in a bicycling accident. Call the police and have an officer complete an official accident report. Finally, if you're able, try to get pictures with a cell phone or a camera. The more proof you have the better you'll be able to prove the extent of your injuries later on.

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 Missouri car accident attorneys today at 314-863-0500.

Source: "'Ghost bikes' are haunting reminders of dead cyclists," by Peter Schworm, published at Boston.com.

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Monster Energy Drink Deaths

November 10, 2012, by Benjamin J. Sansone

monster drink death lawyer missouri.jpgThe Food and Drug Administration recently announced that the agency launched an investigation concerning five deaths and one non-fatal heart attack linked to consumption of the Monster Energy Drink. The Monster Energy Drink is a heavily caffeinated soda that has grown in popularity in recent years among those eager for a boost, especially young people.

Reports indicate that several people suffered adverse reactions after consuming the drink which contains a whopping 240 milligrams of caffeine. To put that number into some perspective, one Monster Energy Drink contains about seven times the caffeine in a typical 12-ounce can of soda.

The FDA issued a statement saying that it was taking the reports of death seriously and will begin a thorough investigation to determine if any action should be taken. Although the FDA caps the amount of caffeine in soda at 0.02 percent, there is no such limit for energy drinks, something that may need to change in the future. Though a response from the regulatory agency is a good thing, the timing leaves something to be desired as reports first surfaced back in 2004. The agency says so far there's no proof that the drinks directly caused the deaths or injuries.

The FDA's announcement follows quickly on the heels of a report that a wrongful death suit was filed in California by parents of a 14-year-old girl who died after consuming two cans of the Monster Energy Drink in less than 24 hours. The child's parents argue that the soft drink company failed to properly warn consumers about the dangers associated with consuming its products.

An autopsy was conducted on the girl soon after her death which revealed that she died of cardiac arrhythmia due to caffeine toxicity. However, the medical examiner also announced that the girl had an inherited disorder that can cause weakened blood vessels.

For its part, Monster Beverage Corporation, says that it puts labels on its cans stating the drinks are not recommended for children and people who are sensitive to caffeine.

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.

Source: "Monster Energy Drink Linked to Five Deaths, FDA Investigates," by The Associated Press, published at FoxNews.com.

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Where do your drugs come from? Negligent Manufacture or Filling of Prescriptions

November 7, 2012, by Benjamin J. Sansone

The recent outbreak of fungal meningitis has many people asking questions about the safety of compounding pharmacies and the origins of many of the medicines we put into our systems everyday. Something that many may not realize is just how hard it can be to track down the source of the drugs that you take on a daily basis. If you believe you have been injured by dangerous drugs contact our Missouri pharmacy malpractice lawyers.

So far the Centers for Disease Control and Prevention has said that the fungal meningitis outbreak has made 344 people sick in 18 states and caused 25 deaths. The outbreak was linked to a batch of injectable steroids that have since been recalled by the New England Compounding Center, a compounding pharmacy in Massachusetts. The facility has announced that as many as 14,000 patients have been treated with the steroids and may be at risk.

Compounders have recently played an important role in the medical field given the increasing occurrence of drug shortages. The pharmacies have been able to step in and provide some much needed supplies when the big manufacturers are down. Compounders are also useful as cheaper alternatives to the big name brands.

The recent rash of cases has pointed out a gap in the current FDA inspection regime. Though the FDA regularly inspects large pharmaceutical factories, it keeps out of inspecting compounding pharmacies, instead allowing states to handle that.

It's hard to pin down exactly where medications come from. Learning the source of an injectable drug given in a hospital or clinic may be even harder. The fact is that many patients may not even know what a compounded drug is, let alone know where to begin to find out where it came from. Moreover, doctors aren't accustomed to providing answers as few if any patients ever bother to ask.

Even many medical professionals are unaware of where the drugs they prescribe come from. This is because most drugs are purchased in large quantities from a central provider then distributed as necessary. Middlemen act as barriers between doctors and the manufacturers, providing yet another impediment to discovering the origin of drugs. Experts say that doctors may not be able to answer the question unless the specific vial of drugs contains information about the origins of the product.

Another possible source of information for concerned patients is the hospital's procurement office or in-house pharmacy. Both departments are often in charge of ordering drugs and might have more contact with suppliers and other relevant information.

Despite the inconvenience, patients have a right to know where their medications come from and to refuse any compounded medications. Patients can ask to see a medication's FDA-approved drug label if they are curious and want to be sure about the medicine's safety. Something to watch for is that compounded drugs do not have to comply with the labeling requirements for a standard FDA-approved drug. This means that the risks of the drugs are typically not disclosed and instructions for safe use are usually not provided on compounded products.

While patients might not be able to inquire about their medications during an emergency operation, elective procedures, like the steroid injections in this case, allow patients plenty of time to find answers. Given the seriousness of the problem, there's no reason why patients should hesitate in asking for a background on the drugs they take.

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: "Patients have few ways to learn source of medications," by Liz Szabo, published at USAToday.com.

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Missouri Chemical Spill Accident Endangers Workers and Injures Some

November 6, 2012, by Benjamin J. Sansone

chemical burn injury lawyer missouri.jpgThere are a lot of jobs which come to mind when we think of dangerous workplaces. For instance, construction workers, loggers, fishermen are all seen as being at risk of serious injuries while at work. You might not think those at a factory that makes mustard would be in much danger, but a recent work place accident in Missouri proves that danger can lurk around any corner.

News reports indicate that a chemical spill took place last week in a Springfield, Missouri factory that manufactures French's mustard. The spill wasn't a small one; three workers have been sent to the hospital suffering from injuries related to the accident.

Assistant Fire Chief David Pennington said that the injuries were caused by sodium hydroxide, a chemical that is commonly used to clean equipment in industrial settings. The fire chief said that reports from those on the scene indicate that as many as 20 employees may have come into contact with the dangerous chemical. Of these 20, only three required decontamination and additional hospital care for chemical burns to their skin.

The cause of the accident appears to be a ruptured pipe containing the cleaning chemical. One worry for those exposed to the chemicals is the cumulative affect such exposure can have on a workers' health. Some substances that may not appear to pose a big risk for a person only exposed to them once can have serious or even fatal consequences when an employee is exposed to them on a daily basis. It's crucial in such instances to monitor your health in the longer term to see if any adverse consequences arise later on.

Those that make mustard aren't the only ones at risk for such workplace accidents. In fact, factory accidents can happen for a number of different reasons, many of which are outside of the control of the injured workers. Many times, industrial accidents occur because of an unsafe design or defect in a manufactured component.

Factory workers injured while working in Missouri are often entitled to seek damages beyond Missouri workers' compensation payments. In addition, workers who are injured because of improper instructions for use, or insufficient warning labels about hazards may seek compensation from all third parties found responsible for the accident. A lawsuit for damages can be filed against the industrial product manufacturer, a subcontractor responsible for installation, repair and maintenance and negligent co-workers and subcontractors whose misconduct resulted in the accident and injury or wrongful death.

As Saint Louis workers' compensation attorneys we routinely see the devastating aftermath of accidents at the workplace and worry about protections for employees being diminished. If you've been the victim of such an accident and need help navigating confusing legal waters, contact our skilled Missouri accident lawyers today. (314) 863-0500.

Source: "Spill at Missouri factory sends 3 people to hospital," published at KAIT8.com.

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St. Louis Tractor-Trailer Accident Leaves Victims Trapped in Wreckage

November 2, 2012, by Benjamin J. Sansone

Trucking accidents can be extremely destructive and sadly, often result in fatal collisions when large trucks collide with other, much smaller and thus more vulnerable passenger vehicles. For those who survive, the collision can often be devastating, causing serious injuries, lifelong disability, and the need for permanent ongoing care.

One such serious accident took place recently in St. Louis, MO. Early last week on the McKinley Bridge a terrible accident occurred when there was a crash involving an 18-wheeler and a passenger vehicle. The accident was so bad that emergency crews were forced to shut down lanes in both directions while they worked to extract the injured victims from the wreckage.

Police have said that St. Louis City EMS transported two people in one ambulance, another person in a second ambulance, and, after working to free a fourth person, transported them by ambulance as well to a local hospital. The four were reported to have suffered serious injuries as a result of the crash. As of now police are continuing their investigations and have not said what the cause is.

There's a reason that when you hear of an accident involving a truck it's so common to hear reports of such severe injuries. The main reason for the danger of such wrecks is the sheer size and mass of the truck, which by itself can cause a deadly impact. Some commercial vehicles when fully loaded can weigh in excess of 100,000 pounds, many times heavier than an ordinary passenger car.

Second, the speed of trucks and the amount of time drivers spend driving can also lead to fatal car accidents. This increase in speed and driving time results from an increasing emphasis trucking companies place on quick delivery times. The pressure for efficiency can lead some drivers to ignore speed limits and fudge on their required rest periods. Given the dangers posed by heavy trucks, it's disturbing that so many drivers work such long hours with little sleep.

All of the above factors come together to make truck accidents extremely dangerous. In 2010, there were 105 deaths from large truck crashes in Missouri. While that number is already too high, numbers from the state reveal that 2011 saw an increase, with 120 people dying from injuries sustained in truck accidents on Missouri roads. The disproportionate danger of large truck accidents is clear: nationwide, large trucks make up about 3% of the vehicles on the road. However, Missouri semi truck accidents account for as much as 15% of traffic deaths.

Given the danger posed by tractor-trailers, it's crucial to always use caution when on the road. Never tailgate a semi and avoid cutting of big rigs, as they are much less agile than passenger cars.

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: "McKinley Bridge reopens after two-vehicle crash," published at STLToday.com.

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