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Personal Injury Law

Missouri Injury Lawyer Blog Missouri Injury Lawyer Blog

Missouri injury and accident Law including car accidents, medical malpractice, defective medical devices, burn injuries, and product liability.
By Jeff Lowe, Esq.

Post Frequency: 2.1/day

Last Entry: May 24, 2013 at 10:37:07

Recent Entries: 464

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Federal Appeals Court Denies Dismissal of Defective Forklift Wrongful Death Claim ? Ainsworth v. Moffett Engineering Ltd.

Posted on May 24, 2013
As a Missouri product defect attorney, I was pleased to see that a wrongful death case stemming from an allegedly defective forklift was kept alive after a trip to the Fifth U.S. Circuit Court of Appeals. Ainsworth v. Moffett Engineering Ltd. was filed by Mary P...


Brain Injuries: Recovering Losses in High School Sports

Posted on May 22, 2013
The parents of children participating in high school sports rely on adequate safety equipment and satisfactory responses of coaches and emergency response professionals to keep their children safe. Sadly, sometimes one or both of these safeguards fails and children are left with personal injuries, including brain injury...


NuvaRing Lawsuits Allege Negligence

Posted on May 15, 2013
Merck & Co., a major pharmaceutical company, is facing over 1,000 lawsuits over NuvaRing, a vaginal contraceptive. According to the allegations and numerous reports, NuvaRing has been linked to blood clotting, or venous thromboembolism, and other side effects...


Bill to Reinstate Cap on Noneconomic Damages in Missouri Malpractice Cases Dies

Posted on May 14, 2013
As a Missouri medical malpractice attorney, I was very pleased last year when the Missouri Supreme Court struck down our state?s cap on non-economic damages in medical malpractice cases. Non-economic damages are payments for injuries that aren?t strictly financial...


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Missouri News: Lawsuit Over ?Surgical Mishap,? Surgeon Operates on Wrong Side of Brain

Posted on May 08, 2013
A Missouri medical malpractice lawsuit was filed on April 26, 2013 against SSM and a surgeon for carelessness and negligence. According to the allegations, the patient was supposed to receive a ?left-sided craniotomy bypass? on April 4 but received a ?right sided craniotomy surgical procedure? instead...


Insurer Must Cover, and Employer Must Indemnify Client Against, Workplace Injury Lawsuit ? Harleysville Insurance Co. v. PDSI

Posted on May 08, 2013
When someone is injured in a workplace involving more than one contractor, it can be difficult to sort out who is obligated to cover the resulting damages. As a Missouri workplace injury lawyer, I always start these cases by determining which company is obligated to provide worker?s compensation?and whether there might be a separate cause of action against one of the other companies...


Seventh Circuit Permits Admission of Expert Testimony About Campus Safety ? Lees v. Carthage College

Posted on May 03, 2013
As a southern Illinois personal injury attorney, I was pleased to see that a student who was a victim of sexual violence will have her day in court. In Lees v. Carthage College, Katherine Lees alleged that Carthage College was negligent in its security measures, which led to the invasion of her dorm room and rape by apparent strangers...


Recall for Stryker Hip Implants Spurs Lawsuits

Posted on May 01, 2013
Following the product?s recall, several lawsuits have been filed by individuals who received Stryker ABG II hip implants and suffered personal injury as a result. The defendants in these lawsuits are Stryker Orthopaedics and Howmedica Osteonics Corporation, Stryker?s parent company...


Illinois Supreme Court Permits Defective Parts Lawsuit Against French Company ? Russell v. SNFA

Posted on April 26, 2013
As a southern Illinois product liability attorney, I was interested to see a recent Illinois Supreme Court ruling permitting a defective parts lawsuit against a French company alleged to have caused an Illinois crash. In Russell v. SNFA, the estate of Michael Russell sued the manufacturer of the tail-rotor bearing that was used in the crash that took Russell?s life...


Claims that Pradaxa Caused Internal Bleeding and Death Reach 260 Cases? So Far

Posted on April 24, 2013
Reportedly, there is now a multidistrict litigation under a single judge?s supervision in Illinois regarding the safety of the medication Pradaxa. Claims, which will be heard in the U.S. District Court in the Southern District of Illinois, are seeking compensation for medical costs and expenses tied to internal bleeding that allegedly resulted from using Pradaxa...


Eighth Circuit Affirms Order Splitting Responsibility for Workplace Injury ? Rice v. Union Pacific RR Co.

Posted on April 19, 2013
As a Missouri personal injury attorney, I was interested to read about a workplace injury case involving a split in responsibility between the worker?s employer and the third party who owned the railyard where he was injured. Jody Clark was a switchman for Union Pacific, for whom he moved train cars and parts in and out of a Gunderson Rail Services-owned railyard...


Robotic Surgery Injuries: Product Liability or Medical Malpractice?

Posted on April 17, 2013
A Washington State Court Judge denied a bid on March 25, 2013 to throw out a lawsuit against Intuitive Surgical, Inc. The judge determined that medical-device makers must properly train physicians who purchase their products, according to the state?s product-liability laws...


Transvaginal Mesh Victim Receives $11.1 Million in Damages

Posted on April 10, 2013
Thousands of women have suffered personal injury due to complications with transvaginal mesh implants. A verdict has been decided in one the first lawsuits related to these victims. In New Jersey, a jury awarded Linda Gross of South Dakota punitive damages of $7...


Eighth Circuit Upholds Ruling That Motorist Was Not Underinsured Per Policy ? Owners Insurance Co. v. Hughes

Posted on April 10, 2013
Because I handle so many car accident cases, I know that crashes involving drivers with insufficient insurance to cover the victims? injuries can be devastating. In a sense, the victims are hurt twice?once by the accident and a second time by being stuck with bills that would normally be covered by adequate insurance...


Illinois Mother?s Lawsuit Against Federally Funded Clinic is Time-Barred ? Arteaga v. United States

Posted on April 05, 2013
A birth injury lawsuit from Illinois caught my eye recently because it illustrates a common problem with lawsuits against the federal government. As a southern Illinois medical malpractice attorney, I often tell clients to act very quickly when they have a claim against a government agency, because these agencies usually have more requirements than a private entity before they will permit a lawsuit...


Litigation Over Excessive Fees on the Rise?

Posted on April 03, 2013
Recently there has been an increased focus on fees associated with 401(K) plans. Many believe that Tussey et al v ABB will become a landmark case in 401(K) litigation. In March 2012, the court ruled that ABB plan participants would receive $36.9 million in addition to $50 million in legal fees and court costs for excessive fees in employees? 401(K) plans...


High Court Rules Nursing Home Patient?s Sister Lacked Authority to Agree to Arbitration ? GGNSC Batesville v. Johnson

Posted on March 29, 2013
As a St. Louis personal injury attorney, I was interested to see a nursing home abuse case involving a failed attempt to compel arbitration. This is a common feature of nursing home neglect and abuse cases, because many for-profit nursing homes have started routinely asking patients and their families to sign arbitration agreements when admitted...


Are Product Liability Settlements in Ford Motor Company?s Future?

Posted on March 27, 2013
Following two recalls issued by Ford Motor Company, many are wondering if product liability settlements are in the company?s future. A few months ago a recall was announced regarding an overheating problem with 73,320 redesigned Escape SUVs and 15,833 Fusion midsize sedans...


Seventh Circuit Dismisses Lawsuit Against Postal Service in Car Accident ? Furry v. United States

Posted on March 21, 2013
As a Missouri auto accident attorney, I tell clients considering a lawsuit against the government to be extra careful and get started extra early. Government agencies, from city and county governments to Washington, D.C., are generally harder to sue than private companies because of a legal theory called sovereign immunity...


Study Indicates Risk of Addiction-Related Disorders Increases with Mild Traumatic Brain Injury

Posted on March 20, 2013
A study was included in a recent issue of the American Journal of Psychiatry titled ?A Risk for Addiction-Related Disorders Following Mild Traumatic Brain Injury in a Large Cohort of Active-Duty U.S. Airmen.? The study asserted that ?military personnel are at increased risk for traumatic brain injury (TBI) from combat and non-combat exposures...


Arkansas Supreme Court Dismisses Appeal of Multimillion-Dollar Defective Auto Verdict

Posted on March 14, 2013
As a Missouri motor vehicle accident attorney, I was interested to see another appeal by an auto manufacturer that didn?t like being held legally liable for apparently defective parts. In Ford Motor Co. v. Washington, Paulette Washington and the estate of Johnny Washington sued Ford and Karah Williams for their parts in the rollover accident that killed Johnny...


Intrauterine Contraceptive Device (IUD) Migration Lawsuits

Posted on March 13, 2013
IUDs, or intrauterine contraceptive devices are an effective, popular type of long-term hormonal contraception. However, IUDs still carry a significant risk of side-effects that can be dangerous, including IUD translocation (migration) and uterine perforation...


Medical Malpractice: Vaccine Injuries

Posted on March 06, 2013
One of the most common factors in medical malpractice cases is doctor negligence. Medical malpractice negligence claims occur when a hospital or doctor acts negligently and does not adhere to the standard of acceptable medical care and the action or failure to act causes harm to the patient...


Toyota Settles Lawsuits by 30 States Over Handling of Unintended Acceleration Claims

Posted on March 06, 2013
As a southern Illinois car accident attorney, I was pleased to see a new development in the ongoing litigation over unintended acceleration in Toyota and Lexus vehicles. As the Associated Press reported in February, Toyota agreed to pay $29 million to settle lawsuits from 30 state attorneys general who claim the manufacturer failed to warn customers about the problem promptly...


Cell Phone Use Root Cause of Many Accidents: Victims Deserve Compensation

Posted on February 27, 2013
Thousands of people are killed and injured each year in auto accidents that could have been prevented if the at-fault driver wasn't distracted; and a leading cause of driver distraction is the use of cell phones. According to the National Highway Traffic Safety Administration (NHTSA), cell phone usage is a common distraction for motorists...


Ninth Circuit Rules Toyota Cannot Compel Arbitration Under Dealership Contracts ? Kramer et al v. Toyota

Posted on February 27, 2013
If you watch the news about defective autos and auto parts as closely as our Missouri product liability lawyers do, you know Toyota was in a lot of trouble several years ago for alleged defects that led to episodes of unintended acceleration. Those cases are largely out of the news now, but I was interested to see another case involving an alleged defect in Toyota vehicles: anti-lock braking defects that increased stopping distances...


Product Liability Case Against Ford Ends When High Court Declines to Overturn Ruling ? Stokes v. Ford Motor Co.

Posted on February 22, 2013
As a St. Louis auto products liability attorney, I was interested to see a case alleging serious defects in a Ford that led to a man?s death. Stokes v. Ford Motor Co. et al. concerned the death of Peter Andrew Carter, an Australian who was driving a rented Ford Explorer when he was hit by at-fault driver Todd Durham...


Report Indicates Information on Risky Drugs Not Disclosed to FDA

Posted on February 20, 2013
A recent report by government inspectors indicates that the Food and Drug Administration (FDA) is failing to receive crucial information from drug makers regarding some of the riskiest prescription drugs currently on the market and whether or not these drugs are safely being used by patients and doctors...


Wisconsin Supreme Court Rules Excluding Car Rental Accident From Coverage ?Absurd? ? Bethke v. Auto-Owners Insurance Co.

Posted on February 14, 2013
Securing coverage for accidents involving underinsured motorists is part of my job as a Missouri motor vehicle accident attorney. As a rule, I represent people with expensive injuries?because those are the people who most badly need compensation after a crash...


8 Killed, 38 Injured in Recent Bus Accident: Tour Bus Company Had History of Violations

Posted on February 13, 2013
When people ride a bus, they are trusting their safety to not only the bus driver, but the company responsible for maintenance of the bus and training and regulations imposed on the driver. Unfortunately, bus accidents can be particularly grisly because of the number of passengers, lack of seat belts, or the fact that the use of seat belts, if present at all, is not required...


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