St. Louis Injury Attorney Blog

On Tuesday, the Missouri Supreme Court issued an opinion that could have a significant impact on Missouri personal injury cases based on alleged medical malpractice or medical negligence. The Court was called upon to interpret a Missouri statute, R.S.Mo. 538.225, that essentially requires Missouri medical malpractice plaintiffs to file an affidavit of merit early on in medical malpractice litigation stating they have obtained a written opinion from an expert actively practicing in the same field as the defendant. The case was filed against a neurosurgeon, but the plaintiff had obtained an opinion from an interventional radiologist. Based on the distinction between neurosurgery and interventional radiology, the defendant neurosurgeon claimed the plaintiff failed to comply with the statute. The Court, however, disagreed, holding that the statute did not require medical malpractice plaintiffs to obtain an opinion from an expert certified by the same specialty board as the defendant. Instead, the key issue is whether the plaintiff's expert physician has performed the same type of procedures as the defendant physician.

The case is Ann Spradling, et al. v. SSM Health Care St. Louis, et al.

A St. Louis U.S. postal worker sustained severe personal injuries in an accident where he was pinned between two trucks at a loading dock. The plaintiff had exited his own truck on the loading dock when another truck driver, Robert Chandler II, pulled his truck away from the loading dock and hit the postal worker, pinning him between the two trucks. The postal worker suffered a fractured pelvis, a fractured left acetabulum, and a ruptured bladder and urethra, which left him with permanent sexual dysfunction. He underwent several surgeries and other procedures, but is still unable to engage in sexual intercourse due to erectile dysfunction, and cannot empty his bladder without difficulty.

Continue reading "St. Louis postal worker awarded $1.5 million in personal injury settlement" »

A Kansas City, Missouri family settled their Missouri medical malpractice and wrongful death suit against Urgent Care of Kansas City and Drs. Robert Frank and Jan Johnson shortly before trial was set to begin.

Andrew Endicott had visited Urgent Care of Kansas City several times for shortness of breath, leg swelling, and other symptoms during 2006. He died September 24, 2006 of deep vein thrombosis. Andrew's parents alleged that the doctors sent him away without conducting the proper tests or giving him the proper diagnosis, which ultimately resulted in his death. The doctors denied the allegations, stating that Andrew had a pre-existing medical condition and his death was unavoidable.

Continue reading "Missouri medical malpractice, wrongful death case ends in settlement" »

A St. Louis federal judge awarded the mother of 3 children who died in a 2009 fire the majority of a $45,000 settlement yesterday. Candice Bishop, the mother of the 3 children killed in the fire, was awarded $35,000, while the father was awarded $10,000. The federal lawsuit was against the company who owned the apartment complex where the fire occurred.

The mother had argued that the father was not entitled to any of the money, because he is to blame for the deaths of her children. Bishop has another Missouri wrongful death case pending in St. Louis County Circuit Court against the father and the children's grandmother, because she alleges that they disconnected a smoke alarm that would have saved her children's lives. She also alleges they started the fire and did not get the children out in time. Both the children's father and grandmother suffered burns in the fire.

Continue reading "St. Louis wrongful death case ends with mother of deceased children receiving most of the settlement" »

The Missouri Court of Appeals has ruled that a wrongful death verdict entered in a Missouri court arising from an automobile accident occurring in Kansas should be reduced in accordance with Kansas law. The verdict, originally totaling $1,200,000, was entered in Jackson County, Missouri, in favor of the family of Ruth Baxter, who was killed in a car accident on Interstate 35 outside of Ottawa, Kansas. Under Missouri law, the entire verdict would stand, as Missouri law does not place a cap on non-economic damages in automobile accident cases. However, under Kansas law, which the Court held governed, non-economic damages are capped at $250,000 in such cases. Hence, because the verdict reflected non-economic damages in excess of $250,000, the verdict was reduced to $500,000.

A St. Louis Missouri nursing home has been investigated by the Missouri Department of Health and Human Services for serious allegations of nursing home abuse and neglect, including verbal, sexual, and physical abuse towards its elderly residents, which led to serious personal injuries. K.F. Jammer Manor, West, in University City, Missouri, had been investigated since April 2010 for these allegations, and a copy of the report can be found here.

K.F. Jammer Manor, West, housed elderly veterans. The report states that one resident made allegations of rape twice, but 911 was not called nor were the police notified. This same resident stated she was having a sexual relationship with a housekeeper, and that housekeeper was then just moved to another facility. There are also allegations that a manager received oral sex from a resident in exchange for money. There are also reports of residents physically fighting with each other. At least two residents were harassed by a third resident, who called the other two residents racial names, and spit on them and threw water on them.

Continue reading "St. Louis nursing home accused of sexual, physical, and verbal abuse" »

The Missouri family of a deceased teenager were awarded $325,000 in a Missouri wrongful death case that stemmed from a car accident on June 22, 2007 in Carthage, Missouri.

The family of McKenzie Kisling, 14, of Carthage, brought a wrongful death suit against Chelsea Huffman, 16, also of Carthage, who was the driver of the car. McKenzie and Kayla Story, 16, were killed in a car accident allegedly caused by Huffman, the driver. The jury found that Huffman had difluoroethane in her blood at the time she was driving the car. Difluoroethane is a subsance found in spray paint cans and "canned air" which is often used to clean computer keyboards. People often "huff" the substance in an attempt to get high. The Missouri State Highway Patrol found through its investigation that the girls had gotten the canned air merely 10 minutes before the accident.

Continue reading "Missouri wrongful death case ends in $325,000 award to family of deceased teenager" »

Recently, the first trial date was set in a group of over 8,000 personal injury and product liability lawsuits pending against Pfizer, Inc., claiming its menopause drug Prempro is a defective and dangerous product because it has been linked to breast cancer. The drug was used to treat symptoms such as hot flashes and mood swings. More than six million woman took the drug; however, in 2002 a study revealed a link to breast cancer. Thousands of lawsuits were subsequently filed all across the country, resulting in consolidation for pretrial purposes in an Arkansas federal court. Some of those cases are now being sent back to their original filing court so that trial dates can be set. The first case to be set for trial is an action brought by Karen Zahn against Pfizer's Wyeth division, which is now back pending before a judge in Galveston, Texas. The trial is scheduled to begin in May, 2011.

A Missouri woman sued Wal-Mart after she alleged she suffered a broken hip in a Wal-Mart store after tripping over a rug. The Missouri slip and fall accident caused Bonnie Rodrick to undergo surgery on her broken hip, which was ultimately unsuccessful and Rodrick had to undergo hip replacement surgery.

Since her fall in the Wal-Mart in 2004, Rodrick alleged she has fallen 3 more times, falls which she attributes to her 2004 fall and her resulting weakened leg and hip. Those falls also left her with injuries, including a broken femur, which required another surgery. She also fractured a rib and a wrist during these other falls. Prior to her fall in Wal-Mart, Rodrick was the sole provider of care for her husband, who has Alzheimer's, and because of her fall and resulting injuries, it was necessary for the family to move her husband into a nursing home.

Continue reading "Missouri slip and fall accident trial ends with verdict for Wal-Mart" »

A St. Louis medical malpractice case ended with the jury finding in favor of the defendant SLUCare and against the plaintiff after a 50 minute deliberation on Friday, June 11, 2010. Barbara Williams, of Arkansas, was diagnosed with liver disease in St. Louis, Missouri. The doctor, Dr. Alex Befeler, a doctor at St. Louis University Liver Transplant Center, decided that Williams needed a liver transplant, but that due to Medicaid rules would have to have the evaluation and any transplant surgery done in Arkansas, where she resided. Williams eventually died, 6 weeks after the evaluation for a liver transplant began in Arkansas.

Williams's family alleged that Dr. Befeler should have evaluated Williams himself in St. Louis. Williams had already been diagnosed with cirrhosis of the liver prior to seeing Dr. Befeler. When she first saw Dr. Befeler, he diagnosed her with cirrhosis with autoimmune hepatitis overlap, and ordered treatment with prednisone, weekly lab work, and told her to come visit once a month.

Continue reading "St. Louis jury finds for defendant SLUCare in Missouri medical malpractice case" »

On Tuesday, the Missouri Supreme Court reversed a verdict entered in favor of the defendant doctor in a medical malpractice and wrongful death case tried in St. Louis County. At trial, the plaintiff, Elizabeth Mitchell, claimed her Husband's doctor, Dr. Milton Kardesch, committed medical malpractice and caused the wrongful death of her Husband in failing to instruct her to send her Husband to the emergency room during a phone call she made on behalf of her Husband after he awoke from a nightmare clutching his chest. Dr. Kardesch claimed he did instruct Mrs. Mitchell to send her Husband to the emergency room. Mrs. Mitchell's Husband subsequently died from complications arising from myocardial infarction and arteriosclerosis.

The issue on appeal was whether the trial court erred in prohibiting Mitchell's attorney from questioning Dr. Kardesch about a false answer he gave during his deposition. In that regard, Dr. Kardesch testified in deposition that he had never been suspended from practicing medicine, despite the fact his medical license had been suspended in both Missouri and New York. The Supreme Court found error, holding that because Dr. Kardesch's credibility was such an important issue in the case, MItchell's attorney should have been allowed to ask Dr. Kardesch about his inaccurate deposition answer at trial.

St. Louis metro area police will focus their attention on I-270 from June 21-September 21 in an effort to reduce St. Louis automobile accidents. Departments from the St. Louis, Missouri region, including St. Louis County police, municipality police such as departments from Creve Couer, Ferguson, Hazelwood, Florissant, Town and Country, and Maryland Heights, and the Missouri State Highway Patrol will work together to help reduce dangerous, agressive driving on I-270, which can lead to serious personal injuries or even death. The various departments have formed HEAT, or "High Enforcement Action Team."

St. Louis County Police report that in 2009, there were nearly 1,700 traffic accidents on I-270. This summer, traffic on I-270 could be especially dangerous because of road work being done on that highway. Currently, a major road project is being implemented at I-270 and Page/Dorsett, with lane closures. Extra patrols from HEAT will be out issuing tickets for drivers not obeying the speed limit or committing other traffic violations.

Missouri drivers may have been at risk of a dangerous automobile accident due to another automobile defect not reported to consumers by Toyota in a timely fashion. Recent documents uncovered in the Toyota recall debacle reveal that Toyota also knew about an automobile defect in its vehicles due to cracking and breaking steering relay rods for eleven years before it finally recalled those defective automobiles. Missouri drivers were driving Toyotas for over a decade that had a potentially deadly safety defect and were at risk of losing control of their steering while driving. This could, and may have, resulted in Missouri automobile accidents with personal injury, or even death. At least 3 deadly car crashes were linked to steering rod problems in Toyota vehicles nationwide.

Records show that Toyota was repairing the steering rods for 11 years in the United States, including Missouri, before it finally recalled nearly a million automobiles in 2005. This new revelation into Toyota's practices of handling known defects in its automobiles calls into question how promptly it reports any defects in its automobiles to the National Highway Traffic Safety Commission.

Continue reading "Missouri Toyota owners driving dangerous automobiles for 11 years before recall for defective steering relay rods" »

Missouri child custody and visitation laws address what a parent must do in order to move residences with their child. Under RSMo Section 452.377, a parent who has custody or visitation of a child and wishes to relocate the residence of a child must give notice to any other party with custody or visitation rights, at least 60 days before the child can be relocated. The other party can move the court to prevent the relocation, in which case a hearing will be held. The parent seeking to relocate must show that the move is in the best interests of the child, and that they are not moving homes in an effort to disrupt or deprive visitation and custody with the other parent.

In Mantonya v. Mantonya, WD71368, the Missouri Court of Appeals upheld a trial court's decision that denied a mother a 15-mile relocation. The mother planned to move from Clinton, Missouri, to Ulrich, Missouri, 15 miles away. The mother gave proper notice to her ex-husband, and he moved to prevent the relocation. Mother wished to relocate the children 15 miles away so she could live with her soon to be husband. At the hearing, mother argued relocation was in the best interest of the children because it offered them a better, larger house to live in. Father argued it was not, because the school system was not as good. The court held that it was in the best interest of the children to deny the proposed relocation. Mother appealed.

Continue reading "Recent Missouri family law decision discusses relocation of children" »

Chivas Day, of St. Louis, Missouri, was sentenced to 11 years in prison for his role in the St. Louis area traffic accident that killed Matthew Cole, 23, of Maryville, Illinois. Matthew Cole was driving home from work on the Martin Luther King Bridge when Chivas Day, who was driving under the influence of ecstasy and marijuana, crossed the center line and hit Cole's car head-on. Chivas Day was driving over 100 miles per hour, and the police reported that the gas pedal was fully compressed at the time the accident occurred.

Chivas Day also suffered severe personal injuries because of the automobile accident, including a broken leg, arm, neck, and ankle, and had severe head injuries. Urine tests showed the presence of marijuana and ecstasy, but blood tests taken at the hospital did not show the presence of any drugs or alcohol in Day's system. Either way, Day was driving at speeds well over the speed limit when he hit Cole's car. Further, Day was driving with a revoked licensed at the time of the car crash.

A St. Louis resident, Kenneth Rohrbough, was awarded $865,000 by a St. Louis federal jury on Thursday for injuries he allegedly sustained in a police beating. Rohrbough brought a civil rights action against two city Officers, Luther Hall and Anna Kimble, as well as the Police Board. He alleged he was beaten after being handcuffed in a 2002 incident near Crown Candy Kitchen in St. Louis. He also alleged the Board failed to properly oversee the Police Department with regard to complaints of excessive force. The award was solely against Officer Hall, as the jury found in favor of Officer Kimble and the Board.

St. Louis federal authorities arrested 24 people in connection with a St. Louis marijuana smuggling ring that stretched from Arizona to St. Louis, Missouri. David Ingram Henderson, of Maryland Heights, Missouri, was considered the ringleader of the drug operation that, since 2006, has been transporting marijuana across the country.

The operation also included growing marijuana in several houses in St. Louis. It is alleged that over 1,000 kilograms of marijuana were brought into St. Louis as a result of this drug operation. The suspects allegedly transported the money back to Arizona by car, plane and bus, and laundered the money through banks and casinos. For example, some members of this organization went to Ameristar Casino in St. Charles, Missouri, and inserted $13,660 in slot machines and immediately printed out vouchers, which they cashed in with the cashier. They never actually played the slot machines. This drug operation also involved flying to Amsterdam to obtain marijuana seeds.

Continue reading "St. Louis, Missouri marijuana operation busted" »

St. Charles resident Joseph S. Potter has sued his estranged wife, Alyssa Rae Potter for the death of their son, Wyatt Potter. The St. Charles wrongful death suit was filed in May 2010. Wyatt was 6 weeks old when he died of suffocation. On November 19, 2009, Alyssa had been in charge of watching Wyatt when she drank 3 or 4 glasses of wine before allowing Wyatt to sleep next to her in her bed, where she promptly fell asleep. Wyatt died of suffocation.

Alyssa had been charged with child endangerment but those charges were dropped. A grand jury decided not to indict her. The St. Charles County medical examiner determined Wyatt died of accidental suffocation. Joseph Potter's lawsuit alleges that Alyssa had put Wyatt face down on her bed and then rolled on top of him. Police have determined that they do not know what really happened that night.

Continue reading "St. Charles wrongful death suit filed against mother of baby who died" »

The criminal trial of two men allegedly involved in a brutal 1992 murder began on Tuesday in St. Louis Federal Court. James K. Kornhardt and Steven A. Mueller are accused of playing a role in the murder of Danny Coleman, who at the time of the murder was 38 years old.

Coleman was killed in a home on the 7800 block of Michigan Avenue in St. Louis and taken to Franklin County where his body was set on fire in his own truck. The prosecutor, Assistant U.S. Attorney Tom Dittmeier, said during opening statements that Coleman's wife, Karen Coleman, initiated a plot to murder her husband in order to obtain insurance money. Karen Coleman previously pleaded guilty to conspiracy and murder for hire.

Newton Keene, a St. Louis area man, was sentenced to 28 years in prison today for his role in a traffic accident that killed three. Keene was driving drunk when he drove the wrong way down I-255 in Illinois, and he hit a car driven by Tawanda Jackson, who was driving to her grandmother's funeral with her friend and children. Tawanda, her 9-year old son, and her friend were killed. Tawanda's daughter survived.

Keene was a repeat Missouri DWI offender, as well as having DWIs in Illinois, and had a total of at least 5 DWIs at the time of the crash. He had already served time in prison for his fifth DWI. His blood alcohol content was 0.240 at the time of the incident. Keene pleaded guilty to 3 counts of aggravated drunk driving that resulted in death, and one count of aggravated drunk driving that resulted in bodily injury.

Continue reading "St. Louis area man sentenced to maximum sentence for DWI offense that killed 3" »

Chrysler announced that it is recalling 288,968 Jeep Wranglers and 284,831 Dodge Grand Caravan and Chrysler Town & Country minivans. The Wranglers are being recalled due to a product defect with fender liners, which could result in a fluid leak, thereby raising the risk of an automobile accident on Missouri's roads. The minivans are being recalled as a result of a product defect with a sliding-door hinge that could possibly cause a fire. Chrysler has reported to the National Highway Traffic Safety Administration that it is not aware of any accidents or injuries connected to the defects involved in the recall. Repairs will be made at no cost to the vehicle owner.

Consistent seat belt use by Missouri residents would save countless lives and prevent numerous unnecessary personal injuries by Missouri residents. Missouri's "Arrive Alive" campaign, a program developed by the Missouri Coalition for Roadway Safety, reports that 70% of Missourians killed in traffic accidents were not wearing a seat belt. The chance of being killed in a car crash when not wearing a seat belt is 1 in 29; when you are wearing a seat belt, that number is 1 in 1,322. Buckling up takes just seconds and could save your life; but not doing so could cost you your life.

May 24 through June 6 was Missouri's "Click it or Ticket Day and Night" campaign, where Missouri law enforcement stepped up efforts to ticket drivers not wearing their seat belts, in an effort to raise awareness about the importance of buckling up. Last year, Missouri officers wrote over 7,000 tickets to drivers and passengers not wearing their seat belts.

Continue reading "Missouri and St. Louis seat belt use below national average; consistent use would save lives and help Missourians avoid injury" »

McDonald's has voluntarily recalled 12 million 'Shrek' glasses that it sold at its stores due to a dangerous product defect that could cause injury to its customers. The 16 ounce glasses, that were sold for $2, have paint on them in which dangerous cadmium was discovered. Cadmium is toxic to humans. It is a carcinogen and can cause softening of the bones and kidney issues.

The U.S. Consumer Product Safety Commission has warned consumers to immediately stop using the glasses. It also reports that there have been no injuries reported from people who have already handled or drank from the glasses. McDonald's will have information on its website about how to obtain a refund for those who have purchased the glasses. Despite the warning from the U.S. Consumer Product Safety Commission to stop using the glasses, and the known dangers of cadmium exposure, McDonald's maintains that it believes the glasses are safe for use by consumers, but still warns them to stop using them out of an abundance of caution.

Continue reading "Missourians should stop using McDonald's 'Shrek' glasses because of product recall" »

The St. Louis area truck crash on June 2, 2010 killed two people, and the truck driver is being blamed. The accident happened in Jefferson County, Missouri, around 12:30 on Interstate 55. A 28 year old woman from Festus Missouri and a 52 year old man, who was believed to be a transient worker, were killed. The accident involved 8 vehicles.

The truck driver was Jay Valentine from Texas. He reported that he took his eyes off the road, and when he returned his attention to the roadway, traffic had slowed. He was unable to stop in time before hitting the vehicles. He had attempted to swerve, but was unable to avoid colliding with a Ford Focus, which set off a chain reaction that left 2 dead and others suffering personal injury.

Continue reading "St. Louis area trucking accident results in death of two" »

The St. Louis student who was allegedly assaulted by an off-duty St. Louis police officer at his school was awarded a settlement of $145,000 from the school for his personal injuries. Barbara Perry's son, J.N, was a minor who attended Imagine Academy of Careers in St. Louis. He was allegedly assaulted by Eugene Page, an off-duty police officer who was involved in a relationship with J.N.'s teacher, Genesa Smith. The lawsuit was filed by J.N.'s mother Barbara, and the petition alleged that J.N. was taken into a classroom by Page, who then choked and beat J.N. The classroom was being guarded by a security guard at the time. J.N.'s mother alleged that he suffered blunt force trauma and injuries to his spine because of the assault. The settlement releases Imagine Academy and its employees from any future liability as a result of this incident, but Page himself and the St. Louis Police did not settle.

Since this incident, Page was issued a reprimand by the St. Louis Police Department for conducting personal business while wearing his uniform off-duty. It is unclear why Page was at the school, or what interactions by J.N. and the officer led to the beating.