Missouri Injury Law Blog

Possible dangers of toys are not obvious, that is why there are legal requirements that the manufacturer test the toys. Additionally, enforcement of product liability injury laws help police the industry. On example of an unsuspected defect was a few months back; one unfortunate couple made a purchase they'll likely regret for the rest of their lives, magnets. They were shopping near their hometown and came across a bag of high-powered magnets that could be used to form various shapes and chose to buy them for a little amusement. When they arrived back at their house they made sure to put the toys away on an upper shelf. Apparently it wasn't high enough to keep their young son, 2-year-old Braylon, away. He found the bag of magnets and ended up swallowing eight of them.

Rather than just simply passing the round balls, they magnets fused together and, in the process, wreaked havoc inside the little boy. The high-powered magnets attached to each other and, in doing so, twisted and ultimately perforated the boy's intestinal tract.

Since the terrible accident the child has been in the hospital, coming up on two months now. Most of the time was spent in the ICU given the severity of his injuries. Braylon has had six surgeries, developed a blood infection and had to be fully sedated for three weeks. He's thankfully supposed to leave the hospital soon, but will have to return for more surgeries. He's scheduled to get an intestinal transplant given the amount of tissue that had to be removed during all his surgeries.

Shockingly, given the horrible damage inflicted on Braylon and other's just like him, there not yet been a thorough study of the impact of magnets ingested by children. The Consumer Products Safety Commission (CPSC) has said that since 2008 it has received some 200 reports of similar incidents involving children and high-powered magnets. As a result, one of the doctors that worked with Braylon, Dr. Adam Noel, decided to conduct a survey of his own. He asked a group of pediatric gastroenterologists for their thoughts on the issue. The 33 physicians who responded to Dr. Noel's survey said that they have seen a total of 82 young patients who have swallowed magnets. Sadly, the vast majority of these children suffered bowel perforations, just like Braylon.

Dr. Noel and a group of other concerned doctors will be meeting with officials from the CPSC to discuss ways to ensure that additional children don't suffer from similar accidents. The companies that make the toys insist that their products are perfectly safe if used per the instructions. Treat them like any dangerous item in a house, like a stove, and the children can be perfectly safe from the danger they present.

Doctors disagree, pointing out that the products often contain hundreds of individual magnets, making it impossible for parents to know if a few went missing. Children can then easily get ahold of the magnets and, possibly mistaking them for candy, swallow them; unaware of the danger they are placing themselves in. 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 personal injury attorneys today at 1-314-863-0500.

Source: "Powerful magnets in toys raise risks from swallowing," by Elizabeth Cohen, published at CNN.com.

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Major National Retailer Under Fire For Unsafe Products

Missouri ranked 16th highest number of injury deaths

Pharmacist negligence is most commonly seen by failure fill the proper medicine. One cause is the difficulty in reading the prescription order itself. According to a recent article in the New York Times, it turns out that the often joked about poor penmanship of doctors is really no laughing matter. Doctors' notoriously bad handwriting isn't funny when a patient's health is on the line and carelessness on the part of a physician can lead to long-term trouble.

Medical writing is often done in Latin abbreviations, nearly unintelligible scrawl to an ordinary person. A great example of this is that the abbreviation "o.s." refers to the left eye while "a.s." means left ear. Ok, maybe not such a big deal. Wrong. While it may not sound like a huge difference, two drops of ear infection medication into an eye can cause serious damage to an unsuspecting patient. Though doctors and pharmacists are trained to watch for similar mistakes, nothing is 100% foolproof.

The answer to the problem of poor penmanship may come from technology. It occurred to some hospitals that if bad handwriting is responsible for many medication errors then an electronic, point-and-click system could help to solve the problem. Advances in medical informatics, as medical IT is known, have made it possible for doctors to electronically transmit prescriptions to pharmacists, reducing the chance that a scribbling doctor could lead to medical problems down the road.

In one study from 2010, researchers compared handwritten and electronic prescriptions originating from one clinic. The clinic's doctors, PA's and nurses all used one method or the other over a set period of time while the researchers watched what happened. The results were shocking. For every 100 handwritten prescriptions, the researchers found 37 errors. For electronic prescriptions, only 7 mistakes in every 100 prescriptions were discovered. Nationwide data shows a similar story with only a five percent error rate in hospitals with electronic prescription software.

While the results seem to obviously demonstrate the benefits of such a system, the reality is that only 36% of all prescriptions in the country were filled electronically in 2011. If electronic prescriptions are the answer then why haven't doctors been jumping on board the new system? Two reasons seem to stick out: money and hassle.

Electronic prescriptions are usually part of a larger and very costly electronic medical record system. The cost of such elaborate systems can be prohibitive for smaller medical establishments. Though federal funding is available and can help ease the burden, getting the money takes time and the medical facility must front the money for the first phase of the project.

Beyond just cost, the hassle factor is an important consideration. Shifting from a paper-based system to one that's all computer takes time and lots of adjustment for doctors, as anyone who has had to change computer systems at work can surely understand. Another problem is that the learning curve can even distract medical professionals from their primary job, helping to heal patients, resulting in a short spike in problems.

Whether or not the medical industry rallies around the advances in medical technology which can lead to reduced errors for patients has yet to be seen. In the meantime, if you or some you know has become sick or injured because of a doctor failing to provide an appropriate level of care, you need the help of a St. Louis injury attorney skilled in medical malpractice to help protect your rights and recover damages for your injury. Contact med mal attorney Ben Sansone today for a free consultation at (314) 863-0500.

Source: "Chicken Scratches vs. Electronic Prescriptions," by Randall Stross, published at NYTimes.com.

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Study indicates medical malpractice claims rarely go to trial

Much is lost in translation in Missouri hospitals

Death from car accidents are currently at historic lows. That is great news to know that the safety rules are being enforced through criminal and civil law to make the roads safer for everyone. Particularly stronger law enforcement and more social stigma related to drunk driving and car accidents.

One group that is not see a drop in injuries from accidents is motorcycle riders. In fact, motorcycle deaths have more than doubled in the last 30 years to around 5,000 per year. According to reports by several agencies, the rise of deaths is clearly seen in the states that have loosened or repealed the helmet laws. Currently, only 19 states require every rider to wear a helmet. In 1970, 47 States required helmets for all riders, that is a 28 state difference in 30 years. Most recently was Michigan' s repeal of it 50 year old helmet law. Many groups, myself included, believe the helmet laws encourage public safety on the roadway, much like seat belt laws, which no one tries to repeal, because its just common sense. However, Biker groups argue helmet laws infringe on their personal freedom, and say the government instead should emphasize rider training to prevent crashes from happening in the first place. But isn't requiring more training curtailing personal freedoms as well?

The causal connection is obvious, crashing on a bike hurts, bad! Not having a helmet means the biker suffers head injury leading to severe injury or death. Without a doubt wearing a helmet makes riding a motorcycle safer. Helmet laws are the best way regulators have to reduce deadly accidents. NHTSA estimates that helmets saved 1,483 lives in 2009, and another 732 deaths probably would have been avoided if all riders worn helmets. The social costs of the motorcycle injuries and deaths are also huge: a 2008 agency estimate concluded that $1.3 billion in medical bills and lost productivity would have been saved if all bikers had worn helmets.

I have personally been in 2 motorcycle accidents. I always wear a full face helmet when I ride. In one accident I doubt wearing a helmet or not would have made much difference. However, in another accident, a car pulled out of a parking lot right in front of me, I had to drop my motorcycle and my body slid under the car. While I slid I was holding my head up to see where I was going and after going under the car my head violently struck the side of the car. Had I not been wearing a helmet the side of my head would have been severely injured and probably suffered a severe brain injury.

For detailed article on the arguments for and against helmets and the evidence linking no helmets to increased head injury and death, see "Despite Death Toll, Motorcycle Groups Strive to Muzzle U.S. Regulators"

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Motorcycle Injuries on the Rise: Causes, Prevention, and Resolution

St Louis Missouri Motorcycle Accident Lawyer - Cases in the News

Continue reading "Motorcycle Deaths Rise in States that Repeal Helmet Laws " »

If you've ever picked up a paper or watched cable news you've surely heard heated debates regarding the importance of tort "reform". Some commentators (usually lobbyists bankrolled by major insurance companies) will launch into a tirade about the large and unfair verdict jurors force doctors and hospitals to pay for negligent care. These same people allege that the broken legal system is to blame for the ballooning cost of healthcare in this country, what with doctors practicing defensive medicine and paying exorbitant insurance fees. The fact is insurance company profits and operating expenses have far more to do with the healthcare problem than an occasional verdict meant to compensate an injured plaintiff.

The numbers, provided by the Center for Medicare and Medicaid Services, a government agency, are shocking. In 1960, the United States spent a grand total of $27 billion on healthcare. By 1998, this number rose fifty fold to a breathtaking $1.2 trillion. Defying all sense of proportion (and belief), the number kept on rising, more than doubling to $2.6 trillion by 2010, only a little more than a decade later.

According to Kaiser Healthcare (a major national health insurance provider), at least 7% of the 2.6 trillion dollars goes towards insurers in the form of profits and administrative expenses. This means according to the insurance industry's own numbers, almost $200 billion goes to pay their profits and overhead costs.

According to an article in the New York Times from a few years back the consulting firm Towers Perrin says that medical malpractice tort costs amounted to $30.4 billion in 2007. While that may seem like a lot of money, and it is, a little perspective is needed. That $30.4 billion is out of a total $2+ trillion in healthcare spending. That means the litigation costs associated with malpractice claims contribute between 1 and 1.5 percent of total medical costs. Out of that large of a pie the med mal money barely amounts to a rounding error.

Putting aside the fact that the sheer numbers are insignificant to the vastly larger healthcare system, it's important to note that the verdicts that make up some of those med mal costs do a lot of good for some terribly injured people. Such cases allow victims of life altering medical accidents to be compensated for their injuries and to avoid having to go on government welfare programs. Moreover, the verdicts handed down by juries across the country help ensure that doctors pay for their mistakes, one way of ensuring that quality stays high by holding the healthcare system accountable for its mistakes.

If you or some you know has become sick or injured because of a doctor failing to provide an appropriate level of care, you need the help of a St. Louis injury attorney experienced in medical malpractice to help protect your rights and recover damages for your injury. Contact med mal attorney Ben Sansone today for a free initial consultation at (314) 863-0500.

Source: "Would Tort Reform Lower Costs?," by Anne Underwood, published at NYTimes.com.

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Harvard University Statistics Prove Medical Malpractice and Tort "Reform" Myths are Wrong

Much is lost in translation in Missouri hospitals

With over 10 years of practicing as an accident attorney handling Missouri motorcycle accidents, I often see what most people know, injuries sustained in a bike accident are generally much more sever than when a car crash occurs. Though it sounds simple, one very easy way to reduce the number of motorcycle accidents is to be more aware of the traffic surrounding your car. Something as small as paying attention could save a motorcyclist's life. Yet another in a long line of tragic accidents took place recently in Mexico, Missouri and resulted in the death of one man.

Officers have said that a motorcycle, driven by 48-year-old Michael Woodruff and carrying 41-year-old Kimberly Holmes, hit the back of a pick-up truck, driven by 52-year-old Harold Welschmeyer. Woodruff is now dead and Holmes is in the ICU. Around sundown, Mexico police officers responded to calls about a crash at Highway 22 and Curtis Street.

Officers have said that the truck was slowing while attempting to turn left when the motorcycle struck the rear of the truck. The motorcycle caught fire following the accident but was easily extinguished by emergency responders. The driver of the truck was not injured in the wreck and word on Holmes' condition has not yet been released.

Tales of such tragic accidents can make the idea of going for a ride seem like a death wish. While that's of course not true, there are far too many things that can go wrong when riding. The fact remains that motorcyclists are far more exposed than those in vehicles and lack any real protection, making them significantly more vulnerable to death or serious injury.

It is estimated that 100,000 motorcyclists were injured in motorcycle crashes last year, The GHSA said that preliminary numbers reported by states indicate that motorcycle fatalities remained at about 4,500 in 2011, close to the same level as 2010. The National Highway Traffic Safety Administration (NHTSA) says that, after declining in 2009 for the first time in 12 years, traffic accidents resulting in motorcyclist deaths increased slightly in 2010 to 4,502. The GHSA surmises that the increase in deaths occurred due to more people buying motorcycles as the economy improved in 2011 and 2012. Higher gas prices also contributed to the increased demand for bikes.

Given this uptick in demand it's crucial that drivers be on the lookout for those on the road who are more likely to be harmed in the event of a collision. Motorcycles are less safe than enclosed automobiles as they are less visible and less stabile than their four-wheeled counterparts. That does not mean that other motorists do not owe bikers a duty when they are out on the road. It is a driver's job to exercise due care and attention, and if they fail to live up to that duty, they should be held responsible for the consequences, such as paying medical bills, lost wages or damages for a wrongful death.

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 St Louis Missouri accident attorneys today at 1-314-863-0500.

Source: "Fatal motorcycle crash under investigation," by Kate Lauman, published at ConnectMidMissouri.com.

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Missouri ranked 16th highest number of injury deaths

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We've all read about the multitude of dangers associated with distracted driving and how risky the behavior can be for everyone on Missouri roadways. But what about distracted walking?

According a recent article in the publication Injury Prevention, the injury or death rate of pedestrians distracted by their electronic gadgets - headphones, cell phones, and iPads - who are hit by moving vehicles has tripled in the United States since 2004.

One of the most vulnerable groups are those listening to incredibly loud music. Pedestrians wearing headphones or ear buds can become so absorbed in their activity that they completely forget about what's going on around them, just like distracted drivers engrossed in text messaging. When distracted, pedestrians are more likely to walk slower, not pay attention to traffic before crossing a road, and are more likely to walk in front of an oncoming vehicle.

Researchers dealing with the issue of distracted walking at the University of Maryland reviewed 116 incidents that occurred from 2004 to 2011 in which injured pedestrians were found to have been using headphones. The mortality rate was shocking: 70% of such accidents resulted in death. The study also revealed that there is one particular group that is most likely to engage in distracted walking: young males. More than two-thirds of victims of these accidents were males under the age of 30.

As our ever-increasing array of tools for distraction increase, so does our risk of possible injury. Drivers and walkers alike enter their own world and forget about the one around them, the one where innocent bystanders can have their lives changed in an instant due to careless actions. As children are set to begin their summer breaks now's an important time to remind kids about the dangers of both distracted driving and distracted walking or bike riding. Take the following tips to heart if you're a driver or a pedestrian.

Drivers:

Make sure to pay special attention to bicyclists and pedestrians, even if they appear to be safely off the road.

Avoid distracted driving. That means no texting or email checking while cruising down the road.

When you're in residential neighborhoods watch your speed, children can dart out into the road at any time, leaving you only seconds to come to a complete stop.

As always, yield to pedestrians in crosswalks.

Pedestrians:

You too have to avoid distractions such as talking, texting, and wearing headphones. Be aware of your surroundings.

Stop and carefully look both ways before crossing the street.

Follow posted traffic laws and pay special attention on busy roadways.

Try hard to make eye contact with drivers to ensure that they know you are there.

Multi-tasking on our roadways whether in a car or on foot is dangerous activity and we should all work to reduce the instances of accidents that occur as a result. 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: "Headphone use and pedestrian injury and death in the United States," by Richard Lichenstein, published at InjuryPrevention.BMJ.com.

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The biggest driving distraction might just be... your car?

Missouri Takes Aim At Distracted Driving

Accident attorneys must prepare every case as if it were going to go to trial. However, in Missouri and most other states, the majority of personal injury lawsuits settle prior to an actual trial. Medical Malpractice cases, however, must be strong cases or the defense will likely force a trial on the issue, especially since juries generally favor hospitals and doctors and often forgive negligence by healthcare providers. A recent study by the AMA claims medical malpractice cases rarely make it to trial; however, my experience has been if you do not have an extremely strong claim handled by an experienced medical negligence attorney, the case will likely go to trial.

A recent study published in the American Medical Association's issue of Archives in Internal Medicine says that medical malpractice claims across the country rarely ever make it in front of a judge. The lead researcher of the study, Dr. Anupam B. Jena, used date from cases closed between 2002 and 2005. Only those cases that involved a cost to the defense were studied, meaning the cases that went past the introductory Complaint stage of the lawsuit process.

The final results of the study indicate that while medical malpractice claims usually go begin to make their way through the litigation process they seldom make it all the way to trial. Unfortunately for plaintiffs, the study found that of those that do make it to trial, they are typically resolved in favor of the physician.

Most interestingly, the study showed that there were variations in the frequency of final-stage litigation between various medical specialties. Overall, 54.1% of all medical malpractice cases between 2002 and 2005 that involved some defense costs were dismissed by courts. The difference in rates of dismissal for various specialties is even more surprising: 61.5% of claims against internists were dismissed as compared to only 36.5% of cases against pathologists that were dismissed. Again looking only at those two specialties, 33.3% of claims against internists were settled prior to heading to trial while 46.9% of claims against pathologists were dispensed with before ever going in front of a judge.

Though the new statistics make for interesting reading, the underlying message of the study is nothing new. The vast majority of lawsuits and criminal prosecutions never make it to the final stage of the litigation process. The way our legal system works requires that the bulk of the cases be settled or otherwise resolved prior to trial. If not, the court system would not be able to handle the resulting backlog of cases. The study does indicate differences in conducting med mal claims against doctors of various specialties, something that skilled Missouri med mal attorneys should be aware of.

An experienced Missouri medical malpractice lawyer would use this information to help prepare for his next major medical malpractice case. If you or some you know has become sick or injured because of a doctor failing to provide an appropriate level of care, you need the help of a St. Louis injury attorney skilled in medical malpractice to help protect your rights and recover damages for your injury. Contact med mal attorney Ben Sansone today for a free consultation at (314) 863-0500.

Source: "Most medical malpractice claims litigated, but few go to trial: Study," by Judy Greenwald, published at BusinessInsurance.com.

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Much is lost in translation in Missouri hospitals

Defective Defibrillator Sparks Fear Among Missouri Heart Patients

A personal injury lawyer has settled a lawsuit initiated by the parents of a Texas boy who sustained serious injury in a car accident. The offending driver is a restaurant patron and is alleged to have been drunk at the time of the accident. The parents of the young boy, who is now six years old, sought $10 million in the personal injury case, with some of the money coming from the establishment serving the man alcohol and some of personal injury money from the offending driver himself. The restaurant was a branch of franchise, Applebee's which is based in Kansas City, Missouri, and the final personal injury settlement amount was undisclosed. See Missouri Dram Shop Laws regarding liability of the restaurant for over serviung the drunk driver.

The lawsuit accused the restaurant of serving the customer with around 23 drinks in a period of time said to be under two hours. The man then got behind the wheel and proceeded to drive home, crashing into the family's car en route. The family's lawyers stated that the law firm's investigation into the car accident was a key component in securing the compensation they were looking for. The personal injury lawyer's investigation was one of incredible depth, and they managed to collected a great deal of evidence for case, including the drunken driver's receipts showing that he paid for almost two dozen drinks over the two-hour time period.

A parallel investigation undertaken by the police determined that, at the time of the car accident, the man's blood alcohol level was more than three times the legal limit, which is around 0.08 per cent. The family instigated legal action against both Appleby's and the driver for the serious personal injuries which their son sustained in the car accident. It transpired that the driver was a repeat DWI offender, and he now faces criminal charges in relation to the crash with a criminal trial pending as a result of his reckless actions. At this stage, medical examinations suggest that the young boy sustained damage to around 80% of his brain in the car accident, a diagnosis which has meant that his family incurred astronomical medical expense bills and will likely continue to do so as the boy grows older.

The lawsuit initiated for $10 million will go towards covering for round-the-clock medical care, future loss of earnings, pain and suffering and also mental anguish, all of which are quite typical of such serious personal injury cases. As is the case with a number of states, there is legislation in places called the Dram Shop Act which means that damages can be claimed from businesses who are guilty of servicing excessive quantities of alcohol to customers which later get involved in incidents such as car accidents. The family lawyer stated to reporters covering the case that the settlement is a reminder to establishments which have a licensed to serve alcohol to do so responsibly and carefully. He went on to state that the family of the young boy would be buying a specially modified van for transport and also a round-the-clock nurse in a bid to make the boy's life as comfortable as possible.

On April 17, 2012, a drunk driver was speeding down Missouri Route 364, the Maryland Heights Expressway, collided with the rear of another vehicle causing the van he was driving to flip over several times before coming to a stop. The St Louis area drunk driving crash needlessly resulted in the death of several of the passengers. As usual, the drunk driver survived.

Just recently, drunk driving injury attorney Ben Sansone filed a wrongful death lawsuit against the driver. See PETITION - St Louis DWI Wrongful Death Accident. The lawsuit was filed on behalf of the family of the 17 year old female passenger and against the driver for compensatory and punitive damages in excess of 10 million dollars. The driver has not been criminally charged yet, however, we expect St Louis County to file felony charges in the near future.

The tragic deaths of the teenage passengers were reported by local news outlets:

KMOV: Teen dies after rollover wreck on Highway 364

STLToday.com: St. Charles man arrested for DWI in fatal crash in Maryland Heights

CBS News: Caseyville Man Killed In Hwy. 364 Crash

The Clayton personal injury firm of Sansone / Lauber routinely handles drunk driving related injuries from car accidents, bike accidents, and truck accidents. See Drunk driving law for recent blog article related to personal injury and drunk driving accidents. Contact us at (314) 863-0500; via email, or online.

Aggressive pursuit of these cases is important for many reasons. The victims or their families need to be involved in the criminal process, through victim advocates and their personal lawyer, to make sure the State takes the victim's interests into consideration when making major decision ont he handling of the criminal case. Additionally, drunk drivers often have low insurance limits, therefore, it is important to have an experienced DWI injury lawyer investigate additional sources of insurance through negligent entrustment or Missouri dram shop laws.

Case Example of why expert legal representation is required in these matters:

We currently represent a Wentzville biker that was struck and almost killed by a drunk driver. The driver was charged with DWI and failure to maintain a safe distance when passing a bike. The driver plead guilty to the charges, therefore, he cannot contest that he was drunk in the St Charles bike injury case because he admitted his intoxication when he plead guilty. However, about 6 months after the driver entered his plea of guilty, his criminal defense attorney filed a motion with the court to amend his plea of guilty to an "Alford Plea" commonly known as a "No Contest plea". The only party the criminal defense lawyer is legally required to give notice to about this motion is the prosecutor's office, not the victim or his personal lawyer, me! Luckily, my office monitors these types of things and caught the motion and will be at court to represent the victim to try and prevent this amendment. Why is this important you may ask? As stated above, in the civil case a guilty plea is admissible as an admission of guilt, i.e. the driver admitted he was drunk. However, a "No Contest" plea is technically not an admission of guilt. Therefore the drunk driver can attempt to deny his intoxication despite entering into a plea deal on the criminal side. A very sneaky move by the defense, however, since we expect these types of slimy moves we were able to catch it before it could have done any damage to the civil personal injury case.

See also, Missouri Dangerous Products cases. Most Missourians believe that when they purchase products from a major national retailer they don't need to worry about the safety of what they've bought. We expect the retailer will be trustworthy with their labeling and that they will ensure what they sell is safe. Sadly this is not always the case. As the Huffington Post recently reported, the well-known sports and nutrition retailer, GNC, is under fire for selling unsafe products, and may possibly be liable for fraud as well as negligence relating to a major products liability claim.

The lawsuit against GNC was brought by Lynette Bates, a Southern California woman who bought a pre-exercise drink powder called C4 Extreme last summer. The drink promised users "explosive workouts." According to her suit filed at the Los Angeles Federal Court, the drink contained a substance that was originally used as an over the counter decongestant. The compound, 1,3-dimethylamylamine, also known as DMAA, is "illegal and dangerous," according to the complaint. The lawsuit went on to say that "experts in the industry have become concerned that this potent stimulant drug will lead to serious health issues and even death."

Bates sued the retailer, GNC, and Cellucor Sports Nutrition, the manufacturer, for "making false and unsubstantiated representations concerning the efficacy, safety and legality of C4 Extreme." Cellucor's parent company, Woodbolt International, is also named in the suit.

According to recent reports C4 Extreme is no longer being manufactured with DMAA. However, this doesn't mean consumers can rest easy, the substance can still be found in a plethora of products including "Jack3d" and "OxyELITE Pro."

Medical experts say there are potential health risks from consuming DMAA. Dr. Pieter Cohem, an assistant professor at Harvard Medical School, says "What we've seen is that DMAA in supplements has been connected to situations where the heart has gone suddenly into failure due to excessive stress."

For its part GNC declined to comment on the pending suit with Bates, but in a statement corporate spokesman Greg Miller was willing to say "despite the media hype surrounding DMAA, GNC is unaware of any scientific or medical evidence which calls the safety of DMAA into question. To the contrary, GNC is aware of a number of published, peer-reviewed studies that show that DMAA is perfectly safe when taken as directed."

The fact that DMAA remains in products on store shelves illustrates the real need for stronger oversight of dietary and sports supplements by the FDA. If you or someone you know has been injured because of a company's failure to provide a safe and healthy product, you need the help of a St. Louis products liability attorney experienced and ready to help protect your rights and recover damages for your injury. Contact products liability attorney Ben Sansone today for a free initial consultation at (314) 863-0500.

Source: "GNC Supplements: Lawsuit Claims Weight Loss & Sports Supplements Have Unsafe Ingredient," by Bernice Yeung, published at HuffingtonPost.com.

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Defective Defibrillator Sparks Fear Among Missouri Heart Patients

Much is lost in translation in Missouri hospitals

A new study titled, "The Facts Hurt" finds Missouri to have the sixteenth highest number of injury deaths in the United States. Neighboring Illinois finds itself at the opposite end of the list with the seventh lowest ranking.

In Missouri, 70 out of every 100,000 residents die each year from preventable injuries such as drunk driving accidents , drug overdoses, falls and domestic violence. While that number may not seem so high compare it to Illinois where just 49 people out of 100,000 die due to similarly preventable accidents.

Rich Hamburg, spokesperson for the Trust for America's Health, says that Missouri could do a lot better when it comes to preventing accidental drug overdoses. Specific problems include a lack of an effective prescription drug-monitoring program, something that puts Missouri behind the majority of other states. Hamburg says Missouri should also consider far stricter automobile safety laws if it wants to improve its ranking. Things like mandatory ignition interlocks for convicted drunk drivers, more aggressive enforcement of seat belt laws, mandatory bicycle helmet usage, etc.

Given our risk of injury in the state and the approach of summer holidays it's important that Missourians have some basic safety information about many of our favorite hot weather activities. Information is the best way to work to reduce deadly injuries.

Pools:

Watching children carefully when around water is absolutely critical. The United States Consumer Product Safety Commission reports that children under the age of 5 account for almost 75% of the deaths that occur each year in pools across the country. As a result, NEVER leave a child unattended near a pool, spa or other body of water.

Motorcycles:

When the weather turns nice and people take long weekends many jump on their motorcycles to cruise the state's roadways. These motorcyclists are at a special risk of injury and death if they're involved in a car crash. The National Highway Traffic Safety Administration (NHTSA) reported in 2009 that 4,462 motorcyclists were killed and 90,000 were injured on our highways. Motorcyclists are exposed and vulnerable and drivers should remember to avoid distracted driving as even one instance could result in tragedy.

Boating:

A popular activity for many when hot weather returns is getting on a boat and relaxing on a lake. Missouri waterways will be especially crowded over the Memorial Day weekend and remain crowded throughout the peak summer season. Sadly the crowds meant hat the number of water-related injuries and deaths are sure to increase. While you may be tempted to drink and boat, remember that driving a boat intoxicated is just as dangerous as getting behind the wheel of a car drunk. If you're the captain then avoid having too much to drink as it puts yourself and others at great risk.

It's also important to remember to wear life jackets while on a boat. Accidents can happen anytime, even if you're an experienced boater. Making sure you and your guests are properly fitted with floatation devices can great reduce the risking of a deadly boating accident or accidental drowning.

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 1-314-863-0500.

Source: "Missouri Ranks Sixteenth Highest Injury Death Rate In Nation," by Fred Bodimer, published at StLouis.CBSLocal.com.

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A recent study discussed in the New York Times found that some defective wiring in a type of defibrillators have contributed to the death of 22 patients. Doctors have been warned about the potentially deadly impact of the defective products, but an estimated 79,000 patients in the United States already have the wires implanted. While simply removing the wires is in itself dangerous and not recommended, Missouri patients with the defibrillators should seek out doctors to explain the risk the device poses.

The manufacturer of the wires is St. Jude Medical. The deaths that have been reported thus far have been contained to a small range of products and were all associated with two specific models of the company's line: Riata and Riata ST. St. Jude Medical no longer make the wires that have caused the problems and the company has warned doctors about the possible complications that may arise once the defibrillator has been implanted.

The device is implanted under a person's collarbone and when a patient's heartbeat becomes erratic or chaotic, the device sends an electrical current to the heart, which shocks it and restores a normal heartbeat rhythm. In this case the wires that connect to the heart are malfunctioning. Specifically, the wires have shown that they are capable of short-circuiting and can then fail to deliver life-saving shocks to the heart has led to several fatalities.

These electrical problems aren't the only ones that have been reported with the devices. There have also been reports have the wires rubbing against the defibrillators and other instances where the wires were sticking out of their protective casing.

The worry is for the many thousands of other patients that have the device still implanted in their chests. Another worry is that simply removing the device won't be easy and could even cause more problems for patients. According to the same study, eight people have died while having the wires removed.

Having a medical device installed in your body can be a frightening experience for patients and manufacturers and doctors have to ensure that the products are safe and properly implanted. In cases where a medical device is improperly manufactured or installed serious injuries can be sustained by patients. If you or someone you know has been injured because of a company's failure to provide a safe and healthy product, you need the help of a St. Louis products liability attorney experienced and ready to help protect your rights and recover damages for your injury. Contact products liability attorney Ben Sansone today for a free initial consultation at (314) 863-0500.

Source: "Bad Wire in Heart Device Led to 22 Deaths, Study Says," by Katie Thomas, published at NYTimes.com.

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According to a recent article in the Chicago Tribune, more than 25 million people in the U.S. may suffer because they have inadequate translation services available at medical appointments. While this may seem a mere inconvenience, problem both large and small can result.

Among the more minor issues that can arise when care providers cannot clearly understand a patient's needs are the expenses associated with unnecessary tests. More serious problems can occur when patients are unable to give accurate or complete medical histories, or describe well enough in English the specific nature of the health problem they're currently suffering from.

Patients who do not speak English as a fist language may also not clearly understand their doctor's questions and can thus inadvertently give incorrect information. The fear is that when the miscommunication arises they may be given prescriptions for a drug they are allergic to or that can cause complications with other medications or conditions the doctor is unaware of. In the worst cases, these patients could end up hospitalized or dead because the doctor treated the wrong problem or used the wrong means to address the issue.

It is the doctor's responsibility to make certain that he or she clearly understands the nature of a problem before treating it, yet many patients report insufficient translation available at doctor's visits. If this happens at a hospital, it is more than a lapse of ethical responsibilities. Federal law requires that hospitals receiving funds from the U.S. government have appropriate qualified interpreters for the communities they serve. Medical interpreters need to not only know the language of the patient but also the specialized medical terms required to clearly serve a patient's best interests.

If you or some you know has become sick or injured because of a doctor falling below the required standard of care, you need the help of a St. Louis injury attorney experienced in medical malpractice to help protect your rights and recover damages for your injury. Contact med mal attorney Ben Sansone today for a free initial consultation at (314) 863-0500.

Source: "Interpreters in ER may limit medical errors: study," by Reuters, published at ChicagoTribune.com.

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The Interstate Commerce Commission has joined the Federal Motor Carrier Safety Administration in proposing a new information system to keep track of trucking companies that have been shut down for safety violations which often lead to truck accidents resulting in juries or death. This new registration and identification system aims to keep carriers from reinventing themselves in an attempt to thwart enforcement. Such carriers are referred to in the industry as "chameleon carriers."

Every year, a shocking number of trucking companies are shut down for safety violations and simply reopen under a new name. For example, in 2010, one carrier, Hester Inc., was put out-of-service for failing a compliance review. The president of the company signed a new operating application for different carrier, on which he stated that he had no previous association with a motor carrier. His misbehavior went undetected under the then existing system.

As of 2010, there were more than 500,000 active commercial carriers in the United States, and thousands more applicants just waiting to join the ranks. A recent study by the General Accounting Office found that an increasing number of thee carriers are Exhibiting "chameleon" characteristics. In fact, the number has nearly doubled in five years from almost 800 in 2005 to nearly 1,200 in 2010. 



Currently, the FMCSA does not have the staff or the technological infrastructure to investigate all commercial carriers and applications that may be tied to previously existing firms. Due to being stretched so thin the agency's current efforts are limited to household goods carriers and commercial bus companies.

The agency is hoping that once the new information system is in place it will help remedy some of these problems. However, financing from Congress must be secured before the system can be fully implemented. Hopefully Congress recognizes the importance of such a system and puts money in place to help limit the ability of these "chameleon carriers" to further evade the law.

For information on how to protect your legal rights if you or a loved one has been seriously injured in a commercial vehicle accident, call one of our Missouri car accident attorneys today at (314) 863-0500.

Source: "Show Me the Money: FMCSA Could Get Green to Catch Chameleon Carriers," by Lyndon Finney, TheTrucker.com.

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Most of us learned the rules of the road and the safety rules of driving through our parents or driver's education. Including to follow a few simple steps before changing lanes: turn on your blinker, check your mirrors and check your blind spot. Only after these had been done is it safe to move over. Car accident attorneys see accidents caused by all sorts of negligent or careless actions, including improper lane changes and failure to yield when turning.

According to a new study by the Society of Automotive Engineers discussed on MSNBC.com, almost half of all drivers are getting that first and arguably most crucial step wrong. The study found that, when changing lanes, 48 percent of drivers either fail to engage their turn signals or forget to turn them off. When turning, the error rate drops considerably but still remains at a worryingly high 25 percent.

Whatever the reason, forgetfulness, laziness or poor education, the signal errors are having a major impact on driving safety. According to the study, improper blinker use causes roughly 2 million traffic accidents every year. By comparison, distracted driving car accidents are linked to around 950,000 crashes each year.

Drivers who fail to use their turn signals properly might not think their mistake is a big deal, but the fact is that such a slip up puts everyone else on the road at risk. Even if an accident does not happen, drivers could still run into trouble with the law. After all, failing to signal a turn or a lane change is a crime and is treated as severely as speeding or running a red light.

The people at the Society of Automotive Engineers have come up with a novel and potentially useful solution to the problem. It's called the "Smart Turn Signal," the group claims it can go a long way to reducing the rate of car accidents across the nation's roadways.

The "Smart Turn Signal" would automatically shut off a signal once a certain amount of time had passed. The device is also capable of being programmed to automatically turn off after detecting a lane change. Such a feature is similar to what happens now after drivers complete a turn.

The Smart Turn Signal would also be able to recognize when drivers make a habit of ignoring their turn signals. In that case the device would flash a gentle reminder light, something akin to the ones that alert drivers who aren't wearing their seatbelts. Currently the device is still being tweaked. As such, drivers would do well to remember the basics they learned when they were first starting out and focus on proper turn signal usage. 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 1-314-863-0500.

Source: "Turn Signal Neglect a Real Danger, Study Shows," by Paul A. Eisenstein, published at MSNBC.com.

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