Missouri Injury Lawyers Blog

The Insurance Institute for Highway Safety announced 66 models of cars to their Top Safety Picks for 2011. The IIHS has a new roof test that must be passed with a "good" rating in order to be chosen as a Safety Pick. The IIHS uses four ratings when testing vehicles; they are "good," "acceptable," "marginal," and "poor." The roof test is now mandatory on all vehicles due to the increasing frequency of rollover accidents in recent years. If a vehicle has a strong roof, the liklihood of severe injuries occuring in a rollover accident is much lower. To see if your vehicle made the list, visit this website.

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.

Almost every week there is some product that has been recalled because the manufacturer has discovered there were problems with the product or because consumers have reported problems. It is difficult to keep up with all the product recalls and sometimes even with the recall products will still be sold from stores before all the products can be removed.

If you have a concern regarding a specific product, or want to research a category of products to avoid, such as defective children's toys, you can make these searches at the US Consumer Product Safety Commission website. From this website you can check the recalls by product type, company, product description, type of hazard, country or by month and year.

Remember if you become aware of a product that is dangerous you should report it to the CSPC as soon as possible so they can take action. Reports to the CSPS may be made to websafety@cpsc.gov.

According to the Consumer Product Safety Commission, Graco has recalled 1.2 million "Harmony" high chairs due to fall hazards from screws and brackets on the chairs failing. The Harmony chairs were manufactured and sold in the U.S. from November 2003 through December 2009.

Ozark Fitness, located in Poplar Bluff, Missouri was closed for several hours yesterday after emergency workers discovered a dangerously high level of carbon monoxide in the air at the fitness club. At 8:07 a.m., the Poplar Bluff Fire Department responded to a call at Ozark Fitness. Upon arrival, they used a CO meter and determined the CO level to be 800 parts per million (ppm); which is a dangerously high level of CO.

Firefighters evacuated the building and notified Missouri Natural Gas about the situation. The building was closed off until the gas company determined that the pool heater had failed, causing the CO gas leak. The gas was shut off to the building and firefighters used ventilation fans to get the CO out of the facility.

According to the Consumer Product Safety Commission, mild exposure to carbon monoxide can cause headache, fatigue, shortness of breath, nausea, and dizziness. Higher levels of CO The CSPC states that sustained CO concentrations above 150 to 200 ppm will cause mental confusion, vomiting, loss of muscular coordination, loss of consciousness and death.

Missouri has a Consumer Protection Lemon Law that establishes guidelines for manufacturers to repurchase or replace defective automobiles. Car buyers should read eligibility and notice requirements and be mindful of available remedies if a dealer cannot meet the warranty after repeated repair attempts. Generally speaking a consumer should give a dealer three attempts to repair under the warranty before pursuing Lemon Law claims. However this rule varies depending upon the time that the issue manifests as well as the time limits available under the Lemon Law itself.

When you purchase a car the dealer is required to pass on the literature including information regarding your rights under your states Lemon Law. If you have been unfairly treated by a car dealer or manufacturer you should seek counsel of an attorney familiar with consumer protection claims involving vehicle warranties, Lemon Laws, defective vehicles and fraudulent automobile sales.

Daniel Court, Jr., age 52, of Paris, Missouri, died on September 17, 2009, as a result of a farm related accident near his home. Mr. Court was survived by his wife and eight children. Our condolences and prayers go out to his family and friends. As this article is prepared, ripples of sadness permeate this farming community where the dangers of farming and memories of other farm accidents are not far from our thoughts.

This week, September 20-26 is National Farm Safety and Health Week. This annual proclamation celebrates the vital contributions of farmers and ranchers to our nation and reflects upon the importance of farm safety in communities across the U.S. With the harvest season upon us, farm families and motorists are reminded to be alert to the dangers associated with farm equipment and to exercise extreme caution during this busy time of year.

The Missouri Highway Patrol reminds motorists to stay alert for slow moving farm equipment and to pay close attention to farm equipment entering and leaving the highway from side roads and driveways. Farmers are reminded to make sure any farm equipment is in good working order and if operated on Missouri roadways, is properly marked with lights and a "slow-moving vehicle" emblem. The National Safety Council's Agricultural Division, the National Education Center for Agricultural Safety (NECAS) provides additional tractor safety tips, including equipping the tractors with Rollover Protective Structures (ROPS) where possible and the use of seat belts.

Continue reading "Farm Accident Claims Life of Monroe County Resident" »

Every year more than 42,000 people lose their lives in car crashes and more than 2,500,000 are injured according to the National Highway Transportation Administration. As attorneys representing the families of people who have been killed in auto accidents, or people who have suffered serious injury, we have seen the devastating effect of negligent driving. One of the best ways you can protect your family other than driving safely yourself, is to drive a safe car.

In the United States, every new car must meet federal safety standards, but that does not mean that all cars are safe. Federal Safety Standards are considered a minimum standard for automakers to meet, and unfortunately, the automakers themselves have had significant input into the Federal Safety Standards. As a result, in many areas the Federal Safety Standards are inadequate or fail to require automakers to make the safest practice vehicle to be sold at a reasonable price.

Fortunately, each year the Insurance Institute for Highway Safety and the National Highway Traffic Safety Administration perform crash tests to determine automobile safety. You can find the results of their tests at www.highwaysafety.org for the Insurance Institute for Highway Safety, and www.nhtsa.gov for the National Highway Traffic Safety Administration.

In addition, there are some additional things you should consider when purchasing your vehicle.

Airbags used in conjunction with lap/shoulder belts have shown to reduce the risk of fatal injury in crashes. Some manufacturers offer more choices in airbags than others including side door airbags for front seat passengers, rear seat passengers as well as side head airbags. You should also consider the fit of the vehicle with respect to the driver and remember that you should never place a rear facing car seat or child under 12 years of age in a seat equipped with a frontal airbag.

Continue reading "How Missouri Residents Can Shop For A Safe Car" »

The National Transportation Safety Board (NTSB) has completed their investigation regarding a 2005 school bus crash in Liberty, Missouri that killed two. The Kansas City Star reports that according to the NTSB, "pedal misapplication caused the Liberty school bus crash."

The National Transportation Safety Board concluded that the driver's "pedal misapplication" caused Liberty school bus No. 80 to blast through an intersection in May 2005, killing two motorists and injuring 48 students. The bus was driven by Irma Thomas, who said that she had tried to brake, but nothing happened. There were no defects in the braking, electrical or acceleration systems. However, on that bus the brake and accelerator pedals are similar in size and only two inches apart. They are both bottom-hinged and they feel the same when depressed.

The NTSB is now calling for a redesign of bus pedals so that similar crashes don't happen when drivers mistake one pedal for another. The NTSB has also recommended that the National Highway Traffic Safety Administration to establish guidelines for designers and manufacturers on the design and placement of pedals.

Toy R Us, with locations in St. Louis, Kansas City, Columbia, Springfield and Joplin, Missouri has taken action to help prevent personal injury to children. Toys R Us in a display of corporate responsibility and positive community action will allow consumers to trade in used cribs, car seats and other baby products for discounts on new items in those categories. As reported in the Wall Street Journal article, Toys 'R' Us Offers Discounts In Exchange for Used Items Toys R Us was acting because of the large number of recalls in these product categories. This effort will certainly help reduce the number of products that are sold as used that may be unsafe or even defective and subject to recall. This effort by Toys R Us will hopefully result in other businesses taking a proactive approach to safety.

Missouri parents should check the Consumer Product Safety Commission (CSPC) web site prior to buying any crib, car seat or other similar child products to see if there has been reports of injury or recall related to the brand and model at issue. Parents who discover an unsafe condition can also report this through the CSPC web site, which will help prevent personal injury to other children.

If you have experienced the tragedy of your child having been seriously injured or killed by an unsafe product then you may have a claim for personal injuries or wrongful death.

Missouri law allows a person capable of proving harm as a result of a defective product to recover. Typically these cases are brought under three primary legal theories: strict liability, negligence and breach of implied warranty.

To recover under a strict product legal theory the injured party must prove that the defendant sold the product, that the product was in a defective condition unreasonably dangerous when put to a reasonably anticipated use, that the product was used in a manner reasonable anticipated and that injury was suffered as a direct result of the defective condition.

To recover under a negligence theory the injured party must prove that the defendant sold or furnished the product, that the product was dangerous for its reasonably anticipated use, that the product was used as reasonable anticipated, that defendant knew or by use of ordinary care could have known of the dangerous condition, that the defendant failed to warn of the condition, that the defendant was thereby negligent and that the injured party suffered damages.

Continue reading "Missouri Parents Get Discounts for Trading In Unsafe Products" »

All across Missouri children are heading back to school. Children love playgrounds, where they can slide, swing, climb, run and have fun. However, the U.S. Product Safety Commission reports that more than 200,000 playground accidents occur annually. Many of these incidents require serious medical attention. Even more tragic are the cases of the more than 15 children a year who die on playgrounds.

To make sure your child is safe at school, public playgrounds and home follow the recommendations of the National Program for Playground Safety. The National Program suggests that all play be supervised by an adult, that children play on equipment that is age appropriate, that equipment be monitored for needed repair, and that ground surfaces have debris such as glass removed before play begins.

If your child is injured because of a defective playground, you do have legal rights to pursue damages for your child's injury. Hopefully you won't need this legal remedy if these precautions are followed by Missouri schools and parents supervising play.

The U.S. Consumer Product Safety Commission's has announced a voluntary recall by the CSPC and the manufacturer of Little Tikes workshop Sets and Trucks due to a choking hazard. The recalled workshop sets and trucks have oversized, plastic toy nails that can pose a choking hazard to young children. One choking incident has been associated with the product according to the CSPC report, although after hospitilization the child had a full recovery . More than 1.6 million units are part of the recall. For more in formation on this recall go to http://www.cpsc.gov/cpscpub/prerel/prhtml09/09304.html

Product manufacturers have an obligation to make their products safe for the products reasonably forseeable use. When it becomes known that a product poses a threat of serious injury responsible manufactures notify government authorities and recall the dangerous product. Manufactures who do not meet these responsibilities can be held responsible for the harm their products cause. To learn more about product liability law go here.