June 2010 Archives

June 23, 2010

Two Injured in Morgan County Crash

Franklin Branson, 48, of Versailles, Missouri, and Terry Stafford, 54, of Versailles, Missouri were injured in a single vehicle crash June 18th, 2010 on Route W at the Bush Creek Bridge in Morgan County. According to the report of the Missouri State Highway Patrol Troop F, Branson, driving a 1997 Toyota, ran off the right side of the roadway, went down an embankment and overturned in a creek. Branson and Stafford were taken by ambulance to Lake Regional Hospital for treatment of their injuries.

June 22, 2010

Two Injured in St. Charles County Crash

Umar Daud, 42, of Creve Coeur, Missouri, John Garcia, 44, of St. Peters, Missouri, and Tracy Johnson, 37, of Spanish Lake, Missouri were involved in a two vehicle crash June 21st, 2010 on MO-94 east of Friedens Road in St. Charles county. According to the report of the Missouri State Highway Patrol Troop C, Garcia, driving a 2005 Chevy Cobalt, was stopped for traffic when Daud, driving a 2010 BMW 5351 hit him in the rear.

Garcia and Johnson were taken by St. Charles County Ambulance to St. Joseph Hospital East for treatment of their injuries.

According to the Missouri 2008 Traffic Safety Compendium published by the Missouri State Highway Patrol Statistical Analysis Center, 65.2% of all Missouri crashes occurred in an urban area.

June 21, 2010

Litigation On the Rise Against "Pain Pump" Manufacturers

In the last ten to fifteen years, manufacturers of medical devices known as "pain pumps" have been frequently used after orthopedic surgery, most commonly during shoulder operations. The pumps are installed using a catheter and then left in place for two to three days for postoperative pain control.

The problem started when doctors began placing pain pump directly into the joint space, at the encouragement of the device manufacturers. A handful of orthopedic surgeons began noticing a sharp increase in the occurrence of what used to be a very rare condition known as post-arthroscopic glenohumeral chondrolysis (PAGCL). PAGCL is the degeneration of cartilage in joint space that follows a progression from inflammation and pain to degeneration of the surface bone, and in some cases, the eventual need for total joint replacement. Patients experience joint stiffness, weakness, pain, clicking, popping, grinding and decreased range of motion. There is almost nothing you can do to relieve the pain of PAGCL, short of total joint replacement. Now there is an alarming increase in the number of cases, particularly in very young, active adults such as athletes.

The Food & Drug Administration has approved the use of pain pumps, but only when injections occur in the soft tissue surrounding joints. The manufacturers of pain pumps have applied multiple times to the FDA, attempting to gain approval for use of pain pumps directly into the joint space. Each time the FDA has denied those requests, with a specific direction that they should not be used directly in the joints themselves.

In 2005, the orthopedic surgeons who'd discovered the link between pain pumps and the destruction of cartilage sent the information to all pain pump manufacturers. Some of that research indicated that 60% of people who had pain pumps placed in the joint space developed PAGCL. Even with these alarming statistics, no products warnings were implemented by the manufacturers at that point. Two years later, the studies that were sent to the manufacturers in 2005 were published in orthopedic medicine journals. The manufacturers still continued encouraging doctors to use pain pumps in the joint space when they should've been warning them of the dangers instead.

In 2008, the American Academy of Orthopedic Surgeons issued a statement alerting
surgeons of the serious risks associated with pain pump devices used in the joint space. Not long after those warnings were issued, the first of many pain pump lawsuits were filed against the manufacturers for fraud, breach of warranty, products liability, failure to warn and marketing the pain pumps for a use specifically denied approval by the FDA. Trials in pain pump lawsuits have won multi-million dollar verdicts in Ohio and Oregon. There are now over 150 suits on file in 20 different states.

If you or someone you know has experienced the destructive effects of a pain pump, consult an attorney with the knowledge and experience to help you with your claim against the manufacturers. The attorneys at Tatlow, Gump, Faiella & Wheelan, LLC offer free consultations. Contact us at 800-264-3455 or visit our website for more information.

June 20, 2010

Pedestrian Injured in Montgomery County Crash

Katharin McCarter, 21, of St. Louis, Missouri, Tara Rozum, 48, of Kansas City, Missouri, and Matthew Bonn, 28, of Helenwood, Tennessee were involved in a two vehicle crash June 19th, 2010 on westbound Interstate 70 at the 168 mile marker in Montgomery county. According to the report of the Missouri State Highway Patrol Troop F, McCarter, driving a 2009 Ford Escape, was stopped in the driving lane of I70 to look at a previous wreck in the median and was instructed to pull off the side of the road. McCarter then pulled out in front of Bonn, driving a 1992 Ford F250 with a horse trailer, causing Bonn to strike the back of McCarters' vehicle. McCarter then spun out and hit Rozum, a pedestrian looking at the previous crash.

McCarter was taken to University Hospital in Columbia, Missouri for treatment of her injuries. Rozum was flown to University Hospital in Columbia, Missouri for treatment of her injuries. Bonn sustained minor injuries, but refused treatment at the scene.

According to the Missouri 2008 Traffic Safety Compendium published by the Missouri State Highway Patrol Statistical Analysis Center, 1,152 people sustained personal injury in a crash that involved a pedestrian in the state of Missouri.

June 19, 2010

Two Injured in Callaway County Crash Involving Tractor Trailer

Paul Sherman, 20, of Fulton, Missouri, Levi Morris, 39, of Emporia, Kansas, and Trinette Wofford, 18, of Columbia, Missouri, were involved in a two vehicle crash June 16th, 2010 on southbound US 54 at South Outer Road in Callaway County.

According to the report of the Missouri State Highway Patrol Troop F, Sherman, driving a 2010 Ford, was attempting to make a right turn from US 54 to South Outer Road at 60 mph. His vehicle then lost control, hitting a 2002 Peterbilt Tractor Trailer driven by Morris, who was stopped at an intersection.

Sherman and Wofford were taken by ambulance to Boone Hospital in Columbia, Missouri for treatment of their injuries.

According to the Missouri 2008 Traffic Safety Compendium published by the Missouri State Highway Patrol Statistical Analysis Center, 4,104 people were injured in commercial motor vehicle related crashes in the state of Missouri.

June 18, 2010

Two Men Injuried in Area Lawnmower Accidents

Two area accidents occured this week, resulting in serious injuries to the lawnmower operators involved.

Last Sunday evening, Richard Cobb was struck while driving his lawnmower down a city street in Mexico, Missouri. An unknown, dark-colored SUV struck Cobb and fled the scene of the accident. Cobb sustained serious injuries in the crash and was taken to a Columbia hospital where he passed away on Wednesday night. Police are still working on identifying the SUV that caused the crash. They suspect that a local attorney, Jim Clampett, may be the owner of the SUV in question but it is not known if he was the driver at the time of the crash. For more information, you can read about it on the ABC17 news site.

In a seperate incident, the Missouri State Highway Patrol Troop B reports that Howard Hartung, an 84 year old Macon man, was mowing alongside Route K near Tenmile, Missouri when he pulled into the path of an oncoming vehicle driven by Tina Miles. Hartung sustained serious injuries and was airlifted to a Columbia hospital.

June 17, 2010

Two Injured in Camden County Crash

Douglas Anderson, 20, of Gravois Mills, Missouri, Jerry Worley, 67, of Laurie, Missouri, and Penny Worley, 65, of Laurie, Missouri were involved in a two vehicle crash today on Chelsea Road 1.5 miles west of Missouri 5 in Camden county. According to the report of the Missouri State Highway Patrol Troop F, Anderson, driving a 1991 Ford, crossed the center line of the road and struck a 2002 Ford driven by Jerry Worley head on. Both vehicles then came to rest on opposite sides of the road.

Anderson was taken by ambulance to Lake Regional Hospital and later flown to the University of Missouri Hospital in Columbia, Missouri for treatment of his injuries. Penny Worley was taken by ambulance to Lake Regional Hospital for treatment of her injuries.

According to the Missouri 2008 Traffic Safety Compendium published by the Missouri State Highway Patrol Statistical Analysis Center, 15,501 people were injured in a crash involving a driver under the age of 21 in the state of Missouri.

June 15, 2010

MOBERLY ATTORNEY CHRIS FAIELLA OF TATLOW, GUMP, FAIELLA & WHEELAN, REACHES $3.125 MILLION DOLLAR SETTLEMENT FOR CLIENT

chrisheadshot.jpgChris Faiella of the Moberly law firm, Tatlow, Gump, Faiella and Wheelan, LLC, recently reached a $3.125 million dollar settlement for his client's leg injuries. Faiella's client suffered severe permanent injuries to both legs, including an above-the-knee amputation of the left leg, after being pinned between two vehicles in November 2008. The case recently settled for $3.125 million dollars.

The accident occurred when the defendant mistakenly stepped on the gas instead of the brake, pinning the plaintiff between the bumpers of two vehicles. The client's left leg was crushed and his popliteal artery was compromised. The artery supplies blood to the knee joint and muscles in the thigh and calf. Complications developed, including compartment syndrome, an infection and eventual necrosis of the lower leg. The client underwent several procedures and surgeries in an attempt to save his left leg, but none were successful and he ultimately required an above-the-knee amputation.

The client also suffered a fracture of his right leg and he has post-traumatic arthritis in his knee. Since his injury, he also experienced acute renal failure, delirium and respiratory insufficiency as a result of the crash and developed pressure sores during his hospitalization. He now suffers from depression, anxiety and post-traumatic stress disorder.

The client's injuries rendered him unable to work. His damages included approximately $66,000 for economic damages, $367,657 in medical bills and $734,454 for future life care costs.

June 13, 2010

Thomas Motors of Moberly is First Missouri Dealership to Win General Motors Arbitration Decision

Moberly lawyer, Rex Gump of Tatlow, Gump, Faiella and Wheelan, LLC and co-counsel Steven Sellers, represented Thomas Motors, Inc., the local GM dealership, in binding arbitration proceedings in a successful effort to retain the GM dealership in Moberly.
In June, 2009, General Motors filed for bankruptcy and sent wind-down agreements to approximately 2000 dealerships, including Thomas Motors. Congress allowed those dealerships to appeal GM's decision through binding arbitration proceedings. The arbitration began on May 4, 2010, and lasted three days.

Arbitration is a legal technique for resolving disputes outside of the court system. It is a settlement process by which the case is tried to a third party, the arbitrator, who reviews the case and issues a decision that is legally binding for both parties.

During the arbitration hearing, Attorney Rex Gump called on local leaders to testify in support of Thomas Motors and to testify about the economic impact the local dealership has on the Moberly area economy. Those leaders included Moberly City Manager Andy Morris, Randolph County Commissioner Wayne Wilcox, Moberly Area Economic Development President Corey Mehaffy and area businessman Chas Wheeler.

The arbitrator, Bob Russell of Sedalia, issued the decision on May 17, 2010, allowing Thomas Motors, Inc. of Moberly to retain its General Motors franchise. On Monday, May 21, 2010, GM issued its letter of intent to Thomas Motors, paving the way for the dealership to renew its franchise agreement and to continue to serve the area with the sale and servicing of new General Motors vehicles. Thomas Motors' owner, Donnie Thomas, stated: "We are pleased with the outcome of the arbitration hearing and are looking forward to serving the Moberly area for a very long time."

Attorney Rex Gump has been in practice 34 years. He stated, "It is a very interesting process, and I am extremely pleased that Thomas Motors will be allowed to develop into a flagship GM dealership, as I am certain it will."

June 12, 2010

TGFW Associate Sworn In

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The law firm of Tatlow, Gump, Faiella and Wheelan, LLC in Moberly, Missouri would like to congratulate Cassie J. Carpenter, of Madison, Missouri, on her admission to the bar of the State of Missouri and the Randolph County Bar. Ms. Carpenter was sworn into the Randolph County Bar by Presiding Judge Scott Hayes on June 10, 2010 at the Randolph County Courthouse in Huntsville, Missouri. Rex Gump and Sidney Wheelan of Tatlow, Gump, Faiella and Wheelan, LLC attended the ceremony. "We are delighted to have Ms. Carpenter at our firm and to welcome her into the Randolph County and Missouri Bar," said Ms. Wheelan at the conclusion of the ceremony. Ms. Carpenter is now licensed to practice law in Kansas State and Federal Courts and Missouri State, Eastern and Western District Federal Courts. She has been an Associate with Tatlow, Gump, Faiella and Wheelan, LLC since January of 2010.

The attorneys at Tatlow, Gump, Faiella and Wheelan, LLC represent clients in a broad range of litigation focused primarily on personal injury and its tragic consequences including wrongful death, insurance claim denials, bad faith and product liability.

June 10, 2010

Three Injured in Morgan County Crash

Monty Barlow, 37, of Gravois Mills, Missouri, Brandon May, 16, of Gravois Mills, Missouri, and Raymond Shaw, 39, of Versailles, Missouri were involved in a two vehicle crash June 3rd, 2010 on MO 5 1/2 mile north of Route P in Morgan county. According to the report of the Missouri State Highway Patrol Troop F, Shaw was driving a 1995 Chevy when he stopped to make a left turn. A 2002 Chevy driven by Barlow failed to stop and hit Shaw's vehicle in the rear.

Barlow, May, and Shaw were all three taken by EMS to Lake Regional Hospital in Osage Beach, Missouri for treatment of their injuries.

According to the report of the Missouri 2008 Traffic Safety Compendium published by the Missouri State Highway Patrol Statistical Analysis Center, one person is injured in a Missouri car crash every 9.5 minutes.

Continue reading "Three Injured in Morgan County Crash" »

June 9, 2010

Qulin, Missouri Man Killed in Motorcycle Crash

Anderson Harden, 56, of Qulin, Missouri, Joe Hutinger, 51 of Holts Summit, Missouri, and Vester Osbourne, 42, of Cape Girardeau, Missouri were involved in a three vehicle crash June 6th, 2010 on US 63 at Old Vienna Road in Osage county. According to the report of the Missouri State Highway Patrol Troop F, Hutinger, driving a 2006 GMC, was making a left turn and Harden, riding a 2006 Harley Davidson motorcycle failed to stop. He hit the back of Hutingers' vehicle and was ejected from the motorcycle. Osbourne was riding a 2007 Harley Davidson motorcycle and swerved avoid the collision, but his attempt failed and he hit both Hardens' motorcycle and Hutingers' vehicle.

Harden was pronounced dead at the scene by the Osage County Coroner. The other two men received no injuries.

According to the report of the Missouri 2008 Traffic Safety Compendium published by the Missouri State Highway Patrol Statistical Analysis Center, 24.9% of crashes involving a motorcycle resulted in injuries or death.

June 8, 2010

Boy Injured in Ralls County Motorcycle Crash

Robert Jackson, 71, of Center, Missouri and Shane Clarkson, 10, of New London, Missouri were involved in a two vehicle crash June 6th, 2010 on West Street in New London. According to the report of the Missouri State Highway Patrol Troop A, Clarkson, riding a 2003 Honda motorcycle, was attempting to cross the street when Jackson, driving a 2010 Kia pulled in front of him, causing Clarkson to be ejected from the motorcycle.

Clarkson was taken to Hannibal Regional Hospital for treatment of his injuries. The Missouri State Highway Patrol was assisted by the Ralls County Sheriffs Department, Ralls County Ambulance, and the New London Police Department.

According to the report of the Missouri 2008 Traffic Safety Compendium published by the Missouri State Highway Patrol Statistical Analysis Center, one person was killed or injured in a motorcycle crash every 3.7 hours in the State of Missouri.

June 7, 2010

Man Injured in Motorcycle Crash

Kevin Lewis, 21, of Lees Summit, Missouri, and Virgil Moffett, 40, of Overland Park, Kansas were involved in a two vehicle crash June 5th, 2010 on eastbound Interstate 70 at Route Z in Cooper county. According to the report of the Missouri State Highway Patrol Troop F, Lewis, riding a 1997 Suzuki motorcycle was attempting to merge onto eastbound Interstate 70 from the shoulder but failed to yield for Moffett, driving a 1998 Pontiac. This caused Moffett to strike Lewis' motorcycle in the rear.

Lewis was taken by EMS to Cooper County Memorial Hospital in Boonville, Missouri for treatment of his injuries.

According to the report of the Missouri 2008 Traffic Safety Compendium published by the Missouri State Highway Patrol Statistical Analysis Center, 12.9% of 21-25 year olds involved in motorcycle crashes sustained injuries.

June 6, 2010

Woman Injured in Cole County Crash

Joseph Distler, 53, of Jefferson City, Missouri, Elroy Stubinger, 67, of Lohman, Missouri, and Mary Walton, 69, of Summers, Arizona were involved in a two car crash June 4th, 2010 at Scruggs Station and Bagnell. According to the report of the Missouri State Highway Patrol Troop F, the accident occured when Distler, driving a 2002 Dodge pulled in front of Stubinger who was driving a 2000 Chrysler.

Walton, a passenger in Stubingers' vehicle, was taken by ambluance to Captial Region Hospital for treatment of her injuries.

June 5, 2010

Two Women Injured in Randolph County Crash

Ada Croner, 41, of Moberly, Missouri and Alexis Lang, 18, of Gillette, Wyoming were involved in a two vehicle crash on June 4th, 2010 on Route A .2 miles west of Route AA in Randolph County. According to the report of the Missouri State Highway Patrol Troop B, Lang, who was driving a 2008 Lexus, was turning out of a private driveway onto Route A and pulled out in front of a 1994 Chevrolet pickup, driven by Croner.

Both drivers were taken by Randolph County Ambulance to Moberly Regional Medical Center for treatment of their injuries. The Missouri State Highway Patrol was assisted by the Randolph County Sheriff's Department and the Randolph County Fire Department.

According to the report of the Missouri 2008 Traffic Safety Compendium published by the Missouri State Highway Patrol Statistical Analysis Center, 15,501 people were injured in traffic crashes involving young drivers in the state of Missouri in the year 2008.