Missouri Injury Law Blog

After years of practicing as a Missouri & Illinois personal injury lawyer, I frequently see cases where employees suffer tragic accidents due to dangerous jobs. Sometimes, despite the best efforts of employers, these accidents happen because certain activities can never be made one hundred percent safe. Other times, an employer is so derelict in its duties that not only are private lawsuits inevitable, but the employer can find itself afoul of the U.S. Department of Labor.

That is the case with the workplace wrongful death at Bartlett Grain Company elevator in Atchison, Kansas. Back in October, six workers were killed in an explosion. Investigators in Kansas originally determined that the explosion, caused by grain dust, was accidental. However, on April 12, the federal government intervened. The Occupational Safety and Health Administration (OSHA) issued over a dozen citations and are seeking over $400,000 in fines. Criminal charges may be in the future, but that is a decision for the Department of Labor's Office of the Solicitor.

According to the Kansas City Star, grain elevator worker has become one of the most dangerous jobs in America, and is part of the increasingly hazardous agricultural industry. Deaths by suffocation in the elevators are "all too common."

U.S. Secretary of Labor Hilda Solis stated in a press release, "Bartlett Grain's disregard for the law led to a catastrophic accident and heartbreaking tragedy for the workers who were injured or killed, their families and the agricultural community." Criminal charges may be in the future, but that is a decision for the Department of Labor's Office of the Solicitor.

According to OSHA, grain dust is nine times more explosive than coal dust and Barlett did not perform sufficient preventative measures, nor did it have a sufficient plan in place in case of emergency. OSHA alleged that Bartlett allowed the grain dust to accumulate to dangerous levels. Further, Bartlett used compressed air to remove dust without first shutting down ignition sources, creating an incredibly volatile atmosphere. They also repeatedly started and stopped machinery and used electrical equipment inappropriate for an environment covered in grain dust.

OSHA described these acts as "willful violations." A willful violation is an act that is "committed with intentional knowing or voluntary disregard for the law's requirements or with plain indifference to worker safety and health." Bartlett Grain has been accused of five willful violations. The company has also been accused of eight "serious" violations, which according to OSHA are "hazard[s], violation[s] or condition[s] such that there is a substantial probability that death or serious physical harm could result."

Bartlett Grain president Company president Bob Knief issued a statement that the company "certainly look[s] forward to proving wrong OSHA's unfortunate citations and characterization."

If one of you or one your loved ones is injured in a workplace accident, you will need to an experienced St Louis county personal injury attorney on your side. Contact Ben Sansone today for a free initial consultation at (314) 863-0500.

Source: "KC grain company cited for violations in deadly Atchison elevator explosion," by Mike McGraw, published at KansasCity.com.

See Our Related Blog Posts:

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

Supreme Court to Decide, what is Within the Scope of Employment under Missouri Workers' Compensation

According to a recent article in the St. Louis Post-Dispatch, Missouri health officials are anxiously awaiting word regarding tests on a batch of powdered infant formula that was recently removed from Wal-Mart stores nationwide following the wrongful death of a Missouri newborn who consumed it and later died of a rare infection.

The source of the bacteria has not yet been determined, but it is known to occur naturally in plants such as wheat and rice. Manufacturers routinely test for such germs but this may be one case where such precautions were not enough to avoid disaster.

Avery Cornett of Lebanon, Missouri died of a rare infection caused by bacteria known as Cronobacter sakazakii, according to recently released hospital reports. Though the infection is treatable, it is very dangerous to premature babies and those less than 1 month old.

Wal-Mart has decided to pull the Enfamil Newborn formula from its shelves as a precaution after the death of Cornett. However, the much bigger step of recalling the formula has not yet occurred as the manufacturer claims tests showed no bacteria was present in the batch shipped to retailers. Further tests to confirm or deny this claim are underway.

The death of another newborn, Ivyionna Ayne Marie Pinnix, from Granite City is also under investigation. Pinnix, born four weeks premature, appeared congested before she eventually stopped breathing sometime Wednesday morning. It remains to be seen whether she consumed the same Enfamil formula under investigation in this case.

A third infant, from Illinois, came down with the exact same bacterial infection as Cornett after consuming several types of powdered baby formula in the last month. Thankfully the Illinois infant has recovered after receiving treatment in a Missouri hospital.

Though no final results have been released, health officials suggest parents take the following steps to help guard against possible infection:

• Sanitize bottles and the nipples before using.
• Bring water that will be used in formula to a boil for two minutes.
• Discard any unused formula after 24 hours and do not make more than you intend to consume as leftovers can develop germs.

Customers who bought the formula in 12.5 ounce cans with the lot number ZP1K7G may return them for a refund or exchange.

If your child has been injured due to negligence of others you need an experienced St. Louis personal injury attorney on your side. For a free consultation, call our Missouri injury lawyers today at (314) 863-0500.

Source: "Baby formula pulled from shelves after Missouri infant's death," by Blythe Bernhard, published at STLToday.com.

See Our Related Blog Posts:
Wrongful Death Laws in Missouri - Can a Claim be Made if a Pregnant Woman loses her Baby?
Wrongful Death Suit Filed Against Katie's Kids Learning Center Daycare

A now former attorney was sentenced to 25 years in prison for the drunk driving wrongful death of a 31-year-old woman and injuries to two others. While driving from a football game and fueled by twice the legal amount of alcohol, Tolliver caused the car crash when he ran a red light and slammed his SUV into an oncoming cab. The impact instantly killed 31-year-old, mother of two, Shannon Brown, while the other passenger suffered severe injuries of a collapsed lung along with loss of sight in one eye and the cab driver's injuries put him in a coma for several weeks. See: St Louis Lawyer blog article: TBI and Drunk Driving Trends

This guy had 4 separate prior DWI convictions. This is not a new situation, repeat offenders severely injuring and killing innocent victims. See Missouri Drunk Driving Accident Lawyer Ben Sansone Obtains St Louis County Judgment of $2.3 Million. The intoxicated driver's family members stated that he was receiving regular treatments; however, part of his probation agreement from his latest DWI conviction was that he not be allowed to drive. Though some may argue that after two convictions it should be realized the offender has no intention of obeying the law, but once again it took 4 DWI convictions, a death of a mother and permanent dismemberment and traumatic brain injury to others for a Fulton County Judge to "let the community know such behavior deserves severe punishment." As such and per a plea deal, she sentenced Tolliver to 25 years in prison. He pleaded guilty to one count of vehicular homicide and two counts of serious injury by vehicle, all while driving under the influence.

I have represented injured parties in other motor vehicle accidents involving drunk drivers. See Missouri Injury Law Blog: Drunk driving Law . While this is apparently a case of blatant intoxication with tragic results, many cases where the actions of the driver are just as egregious do not get the media attention because the driver did not kill anyone or severely harm them. But does that make their reckless actions any less reckless? I say no, we are currently pursuing five or six drunk driving cases with minor injuries.

When the driver was drunk but the injuries are minor, the insurance companies resist settlement because the injuries are not massive and therefore ignore the fact their driver was drunk. These cases must be pursued vigorously however some lawyer give up too easily on these cases . See: Illinois Drunk Driving Car Accident - My Client was Rear Ended by a Drunk Driver Going Approximately 60 MPH - Prior Illinois Personal Injury Lawyers Failed to Pursue Claim- Case Referred to Us for Trial

If you or a loved one are the victim of a reckless drunk driver, even if the injuries are minor, contact St Louis drunk driving accident lawyer Ben Sansone today for a free consultation. We aggressively pursue these cases.

Recently our St Louis injury law firm, Sansone / Lauber, was retained by a young woman who was the victim of St Louis pharmacist malpractice after receiving the wrong prescription at a local St Louis pharmacy. Our injured client took daily medication for prevention of severe migraines, that medication was negligently refilled with estrogen, which caused serious side effects, including even more severe headaches, a hospital stay, and ongoing medical issues.

The pharmacist was negligent in his duty of care to our client and therefore liable to compensate for the resulting medical damages. Clearly, a pharmacist is responsible for filling the correct medication, that is the main purpose of their job. Missouri State Statute 195.060.1, is very clear on what information is required to be documented on the prescription label. Not only are pharmacies required to have the patients basic vitals, such as: name, address, etc., but also the drug name, strength, dosage directions, among other information.

Currently, Walgreens is involved in a multi-million dollar wrongful death lawsuit for failing to follow these clear directives. A 46 year old man died 36 hours after receiving his prescription, his family's wrongful death attorneys quickly spotted that the dosing instructions were negligently marked on the bottle. As a result, the man accidentally took too much medication which lead to his death.

Missouri medical malpractice cases involving medication errors are more frequent than we hear about. It is mainly because pharmacies, such as Walgreens, Rite Aid, and CVS, are quick to settle these claims to protect their reputations, and quite frankly, these cases speak for themselves. In most Missouri pharmaceutical error cases, it is easy to point the finger directly to the cause of the injury or death. An experienced Missouri Medical Malpractice attorney knows the laws surrounding pharmacy protocols, and can therefore help prove the causation link between prescription error and personal injuries

In Missouri, a personal injury lawyer can file a wrongful death action on behalf of an unborn child, as under Missouri's wrongful death statutes and the court's interpretation of them, an unborn baby is a "person" capable of supporting a claim for wrongful death pursuant to § 537.080.

In Conner v Monkem Co, Inc., 898 S.W.2d 89 (Mo. 1995) , the Missouri Supreme court decided just that as the legislature never expressly defined this within the wrongful death statute to include or exclude unborn children. The court stated the following, keeping in mind many other states require the fetus to be "viable" to be able to assert a wrongful death claim.

As the question before us is one of statutory construction, we must be more sensitive to legislative direction and less sensitive to our own evaluation of policy considerations. Thus, the legislature's relatively clear expression in § 1.205 that parents and children have legally protectable interests in the life of a child from conception onward must be accorded greater weight than the many other and obvious difficulties associated with the type of claim here asserted.

Many people may agree or disagree with a Missouri wrongful death action brought by a "nonviable" fetus, which leads me to a more important point, especially for all you tort "reformers" out there, just because a case can be filed does not mean it will be successful.

Plaintiff's victory to this point, however, may be largely pyrrhic. While we hold that a wrongful death claim may be stated for a nonviable unborn child, plaintiff's ability to prove damages is certainly subject to question. Missouri has recognized that "[s]peculative results are not a proper element of damages." Wise v. Sands, 739 S.W.2d 731, 734 (Mo.App.1987). In Girdley v. Coats, 825 S.W.2d 295, 298 (Mo. banc 1992), we discussed the difficulty of establishing damages in a wrongful conception case. There, it was noted:

Who can divine, soon after birth, whether the child will be a financial boon or burden to the parents, what level of education will be required or what unique expenses could arise? These determinations are beyond the scope of probative proof.

Yes the wrongful death case can be filed, but can damages be proven? I think beyond financial burden or boon, the love, support, and absolute joy of a child is enough to prove damages to me, well beyond mere speculation.

Continue reading "Wrongful Death Laws in Missouri - Can a Claim be Made if a Pregnant Woman loses her Baby? " »

Recently I came across an article about a St Louis Missouri wrongful death lawsuit arising from an incident where a Starbucks customer chased a tip jar thief out of the store and ended up being killed after suffering a head injury when the thief attempted to flee in his car. See Starbucks Tip Jar Lawsuit

I read the comments below the article and was a little disturbed by the comments. As a preface, I know nothing about this lawsuit other then the above article and I am not familiar with the lawyer who filed it. It disturbs me how fast people comment and claim frivolous lawsuits and the need for tort reform because their common sense dictates this is a ridiculous case. I have personally handled negligent security cases, in fact one I am handling resulted in a brutal rape of a tenant at an apartment building. See St Louis negligent security claim after sexual assault. In that case the apartment complex knew their security doors were faulty and in disrepair, and because of the faulty security doors and hollow core inner doors, a rapist was able to practically walk right into a young woman's apartment and brutally rape her. This occurred in a high crime area where the owners were aware of the multiple assaults over the past years, yet allowed the disrepair.

The injury attorney that filed this St Louis death case has a tough battle, and I predict that the trial Judge will dismiss the case, I believe the facts of this case, at least as I understand them, are too flimsy, Starbucks did not take on a duty to provide that extent of security and I believe the trial Judge will find no duty existed thus no breach of a duty and therefore no negligence.

So tort reformers relax, we have Judges and we have laws, just because a lawsuit is filed does not mean everyone is going to get sued for everything. The main political party behind tort reform also preaches about getting back to the fundamental roots of the constitution, well what about the 7th amendment? Right to a Trial by jury? The people behind "Tort Reform" want to take that away.

The jury system is "tort reform", juries (you and me) will be the deciders on the case, assuming it is not thrown out by the judge prior to getting there. Missouri Personal injury lawyers front massive costs and get no up front fees, if they file a "frivolous" case they will likely eventually lose and be out lots of money, do this a few times and the lawyer is out of business.

So, rather than scream tort reform and frivolous lawsuit, let the system work, if it is such a legally merit-less case the Judge will throw it out on legal grounds, if not, and it is such a factually merit-less claim the jury will rule for Starbucks.

Lastly, to the people that think the above case will lead to little old ladies getting sued for allowing their purses to get stolen, relax, it is legally impossible as an individual does not have the legal duty to provide security from criminal acts of a 3rd party.

A few years ago we posted a Missouri wrongful death article about a teenage girl that was needlessly killed as a result of a reckless driver that ran off the road in Jefferson County Missouri. See Jefferson County Wrongful Death Car Accident

The St Louis law firm of Sansone / Lauber represents the family of the victim, and Jefferson county personal injury lawyer, Ben Sansone, has recently filed a wrongful death lawsuit against the at fault driver, Dustin Ray, under Missouri's wrongful death statute naming the minor son and the mother of the victim as Plaintiffs. Missouri Wrongful death Statute about Parties that Can Sue - 537.080

Dustin Ray recently plead guilty to manslaughter charges brought against him as a result of his reckless conduct. Jefferson County Man Pleas Guilty to Manslaughter after Car Crash Resulting in Missouri Wrongful Death of Teenage Girl

The Jefferson county car accident that caused the death of the victim occurred in 2008, however, the wrongful death car collision civil action was not filed in Jefferson County until recently as we decided to wait until the driver plead guilty to the criminal charges. (Jefferson County Wrongful Death Auto Accident Lawsuit) We wanted to avoid the situation where a pending wrongful death lawsuit may have hardened the defendant's negotiating position on the criminal case and potentially forced him to trial on the manslaughter charges, where he could have gotten lucky and been acquitted. The burden of proof in a criminal case is much higher than a civil case, and it only takes one reluctant juror.

By waiting and not pressuring the defendant he has now plead guilty to the charge of manslaughter and cannot deny legal liability in the civil trial, as he as already admitted fault by pleading guilty. See Missouri injury lawyer article about Plea of Guilty and Admissibility into Evidence to Prove Fault.

Continue reading "Defendant Admits Guilt for Wrongful Death of Jefferson County Girl as a Result of his Reckless Driving " »

Laparoscopic gallbladder removal or "lap-choli" is the current standard of care for the removal of a gallbladder. Until about 10-15 years ago the accepted method was an open procedure which was more invasive as it required a larger wound and longer recovery. The introduction of the laparoscopic procedure is not without its problems, it requires certain degree of skill and learning and some surgeons simply do not have the proper pedigree to perform these procedures multiple times without eventually running into problems they cannot handle.

Recently, my law firm, Sansone / Lauber, filed a St Louis county lap-choli medical malpractice and wrongful death lawsuit

About 6 months ago I discussed this St Louis wrongful death case and the specifics of gallbladder procedures and some of the reasons for bad outcomes.

In the St Louis wrongful death case recently filed by my Missouri injury law firm, the primary reason for the horrific outcome and death of my client's father was the simple fact that the negligent surgeon failed to completely and circumferentially dissect the gallbladder and the relevant arteries and bile ducts, confidentially identify them ,and then... and only then... cut what the surgeon thought to be the cystic duct, but was actually the common bile duct and the right hepatic artery, which lead to the death of my client's father. Simply from the failure to take his time and properly identify the anatomy.

Continue reading "Surgeon Negligent During Lap-Choli Procedure leading to St Louis County Wrongful Death Lawsuit" »

On behalf of a decedent's family we have filed a Missouri medical malpractice and wrongful death lawsuit against a St Louis bariatric surgeon, his resident that performed the surgery, and the St Louis hospital.

Since the 2005 Missouri tort reform bill passed the defense always pleads multiple affirmative defenses relying on several provisions of the tort reform bill. The bill has never been squarely challenged on constitutional grounds as the issue has not become ripe for the Missouri Supreme Court to hear as no case has been appealed to the Supreme Court and needed to be resolved on the constitutional grounds. The closest it has come was in March of 2010, the Klotz case (See Missouri Injury Lawyer Blog Article: Supreme Court Hears Constitutionality of Missouri Damage Caps) was heard by the Supreme Court, however the case was resolved on issues of retroactive application of tort reform, therefore the constitutional issues were not addressed in the opinion. See Missouri Medical Malpractice Awards Constitutional?

In order to try and get this issue to the Supreme Court sooner we have taken the initiative to file a Motion To Strike the Affirmative Defenses relying on tort reform provisions, specifically damage caps. See Plaintiff's Motion to Strike Affirmative Defenses based on Missouri's 2005 "Tort Reform" Laws Being Unconstitutional

As stated in our Missouri wrongful death lawsuit's Motion to Strike, the Supreme Court Judges have indicated that they would rule the 2005 law unconstitutional, at least in part, by stating:

" write separately to emphasize that the caps on non-economic damages imposed by section 538.210 also violate the constitutional guarantee of equal protection under article I, section 2 of the Missouri Constitution."

"[T]he legislation, section 538.210, retains the common law action but displaces the finding of the juries with a legislated limitation on damages. [...] This legislated interference impairs the right of trial by jury "as heretofore enjoyed." As such, the right to trial by jury does not "remain inviolate." It is, in fact, violated."

Medical Malpractice Law: Illinois Strikes Down Damage Caps as Unconstitutional

Continue reading "Personal Injury Lawyers File a Motion to Strike Affirmative Defenses in Missouri Medical Malpractice Lawsuit" »

A wrongful death lawyer has filed a wrongful death lawsuit and negligent road design lawsuit on behalf of the family of a deceased Pennsylvania teen. The wrongful death lawsuit stemming from a drunk driving accident, alleges negligent design and maintenance of the road and that it contributed, not the sole cause, of her death. This particular road had a 55 mph speed limit and a 4-inch drop-off between the road and the shoulder not to mention the drop-off is located on a curve in the road.

The wrongful death lawsuit specifically alleges that the department of transportation did not level the road properly when they upgraded that section after two other teens were killed in car accidents at this same location. The prior accidents are crucial to the negligence claim as the dept of transportation was clearly on notice of the defect and should have corrected it.

On top of the negligent road design, the driver was intoxicated and that clearly contributed to the wrongful death car accident as well. Also, the deceased teen was not wearing her seat-belt at the time; however, under the law of most sates, and certainly in Missouri, evidence of the victim not wearing their seat belt is generally not admissible into evidence at a wrongful death or car accident injury trial. The driver allegedly attempted the curve in the road at this high speed, dropped off the road onto the shoulder, over-corrected and collided into an elderly couple in an oncoming car before his truck was stopped by a guardrail.

The Dept. of Transportation has since dropped the speed limit to 50 mph on this road, paved the shoulders, and added guardrails, reflectors, and rumble strips. All of these precautions will help to prevent such sad and tragic accidents in the future.

Article: Wrongful Death Lawsuit against Pennsylvania Department of Transportation

Continue reading "Wrongful Death and Drunk Driving Car Accident Lawsuit combined with Negligent Road Design" »

Previously, my St Louis Injury law firm's blog I discussed lien recovery from Missouri wrongful death verdicts or settlements in a previous Missouri wrongful death lawyer article.

In that article I discussed how most health care provider liens for medical treatment to the decedent are not recoverable against the wrongful death claimants for any jury award or settlement received, however, governmental liens oftentimes do apply to the wrongful death recovery; specifically Medicare or Medicaid liens.

Missouri injury lawyers have recently become aware of an 11th Circuit case holding that government Medicare lien is not entitled to the survivor's wrongful death benefits. See Wrongful Death Benefits Lawsuit: Bradley v Sebelius, Court of Appeals, 11trh Circuit, 2010.

Continue reading "Recovery of Missouri Wrongful Death Benefits by Medicare" »

As a St Louis wrongful death lawyer, I have had many cases wherein the decedent has accumulated massive medical bills and the surviving family is worried that they are responsible for those bills. Oftentimes in these situations the bills are sent to collections and they attempt to collect the bills from the family or try to tell them they have to pay the bills out of any proceeds of a Missouri wrongful death lawsuit.

Under Missouri wrongful death law, a certain class of survivors have a cause of action against the negligent party and the medical bills or hospital liens does NOT attach to a wrongful death settlement in Missouri. See Missouri Supreme Court decision in American Family v. Ward, 774 S.W.2d 135 (Mo Banc 1989). Also see Bamberger v Freeman, 299 S.W.3d 684 (Mo App E.D. 2009).

However, if there are medical bills for treatment of the decedent prior to their death and as a result of their injury that ultimately lead to their death and were paid through Federal or State programs, such as Medicare or Medicaid, then payment of at least a portion of the medical bills may be required. But not bills asserted by the hospitals or doctors themselves.

Sample of Wrongful Death cases handled by Sansone Law, llc:

Illinois Defective Product leading to death of factory worker

Jefferson County Missouri wrongful death case arising from reckless driver

Illinois work comp wrongful death - fatal fall from water tower

Continue reading "Missouri Wrongful Death - Do Hospital Bills or Liens of the Decedent Get Paid out of Wrongful Death Settlement or Judgment?" »

A negligent or reckless driver can be held liable for their actions both in criminal and civil courts, as their actions may have violated criminal laws as well as caused personal injury to a victim. As a basic legal tenant, in a personal injury claim for wrongful death, one must pass the “but for” test. This is to say, “this person would not have died, ‘but for’ this defendant’s specific action(s)”. Andy and Debbie Smallwood of Carthage, Missouri were able to see the young man that killed their daughter held accountable in both the criminal court and civilly for personal injury.

The Smallwood's settled a Missouri wrongful death claim resulting from a car accident with auto insurance company American Family Insurance this past Tuesday in their Missouri wrongful death lawsuit against Jarub R. Baird. The parents will receive $25,000 each in compensation for their daughter’s life that was taken 4 years ago.

In December 2006, the negligent and reckless driver was driving a car, full of teenagers, at speeds well over 100 mph. He hit a patch of ice which caused the car to go airborne, hit a telephone pole, run through a barbed-wire fence and continue to roll the length of a football field.

Only one of the three teens managed to secure her seat belt moments before the accident. She, along with the negligent and reckless teenage driver, suffered only minor injuries. One passenger suffered a traumatic brain injury, three broken bones in his hand and a broken femur. Another passenger was thrown through the front windshield and tragically died at the scene of this horrific Missouri car crash.

The driver was charged, and later convicted of one count of involuntary manslaughter and one count of assault in the second degree. The Missouri reckless driver will serve consecutive 4 and 3 year sentences, respectively, in the Missouri Department of Corrections.

See St Louis injury attorney Ben Sansone's Missouri Injury Law Bog Article for a case similar to this one involving high speed driving, involuntary manslaughter charges, and Missouri wrongful death

If your family has suffered a Missouri or Illinois wrongful death or personal injury, please contact experienced wrongful death and personal injury attorney, Benjamin Sansone. This was another avoidable tragedy, but we are glad that not only will the defendant driver be held accountable criminally, but there will also be some type of monetary restitution made to the victims and victim’s family.

We receive a lot of questions regarding personal injury related statute of limitations for Missouri and Illinois. Keeping in mind that each and every case is dependent on many different variables, below we have listed Missouri and Illinois civil statutes of limitations. This is to be used as general information only and should not dissuade you from seeking counsel for your individual situation.

Most of the Missouri civil statutes of limitations are in Title 35 (XXXV), Chapter 516 of the Missouri Revised Statutes. Most Illinois civil statutes can be found on the Illinois General Assembly website.

Missouri

Personal Injury, 5 years
Mo. Rev. Stat. § 516-120.4

Product Liability, 5 years
Mo. Rev. Stat. § 516-120.4

Wrongful Death, 3 years
Mo. Rev. Stat. § 537-100

Illinois

Medical Malpractice, 2 years after knowledge of injury (or should have known)
735 ILCS 5/13-212

Personal Injury, 2 years
735 ILCS 5/13-202

Products Liability, 12 years from the date of first sale, or 10 years from the date of the first sale to initial user, whichever expires earlier.
735 ILCS 5/13-213(b)

Personal Property Damage, 5 years
735 ILCS 5/13-205

Wrongful Death, 2 years of death
740 ILCS 180/2

We hope this clarifies some of the questions you may have regarding your potential or ongoing Missouri or Illinois Personal Injury case.

If you believe you have a personal injury claim or lawsuit please contact St Louis Personal injury lawyer Ben Sansone immediately to discuss your potential claim, as once the statue of limitations runs, your claim is forever barred.

DuPage County IL – A settlement was recently announced regarding a wrongful death lawsuit filed by the husband of Samantha Medina, Chris Medina, against Dr. Mark Kelly and his practice, Winfield Radiology; Dr. Henry Echiverri and his practice, Neuromed Clinic; and Central DuPage Hospital.

Medina was only 24 years old and mother of a now 6 year old when she died of a stroke. Personal injury medical malpractice attorneys representing Medina’s family, stated doctors failed to properly evaluate and treat her, allowing her to die, and thus then Illinois wrongful death lawsuit.

On December 10, 2006, Medina’s husband took her to the hospital after she complained of a sudden headache and numbness on her right side. She died 17 days later.

The $5.3 million settlement was announced on August 26, 2010.

For almost ten years, Sansone Law has vigorously represented families that have suffered this type of loss due to Missouri or Illinois medical malpractice and negligence. Whether a Missouri personal injury or a family member’s Illinois wrongful death, contact experienced Missouri and Illinois attorney Benjamin Sansone to represent you.