Missouri Injury Lawyers Blog

Nursing Homes: Safe Haven or Bastion for Abuse?

Mon, 07 May 2012 14:15:53 -0600

Recent studies show that the average American lives to 77.9 years of age. It is expected that the number will continue to rise. In response to our rising elder population, there have been numerous nursing homes opening across the country. One assumes that a nursing home will offer a safe haven for our elderly family members and friends. Unfortunately, in far too many cases, these homes offer numerous opportunities for abuse.

Regardless of the reputation of a given facility, elder abuse can occur at anytime and anywhere. One can minimize the chances that a loved one will suffer a form of neglect or abuse by carefully selecting the right facility, meeting the staff, and taking a tour. Ask many questions, and visit often.

Stage four (or any stage) of bedsores (pressure ulcers, decubitus ulcers) can be devastating. Remaining in the same position for prolonged periods of time can add to the risk for bedsores. There are several things that you, as a family member can watch for that will minimize their risk for developing bedsores. For tips on preventive care, visit here.

By investing a small amount of time and following a few safety tips, you can help your elderly loved one live well beyond their average life expectancy, while enjoying a healthy and dignified life.

Read more at http://www.thesafetyreport.com.

Car Seats - Updated Information for Families for 2012

Fri, 27 Apr 2012 14:21:18 -0600

Proper use of car seats helps keep our children safe. Certainly, one of our most important duties as as a parent is maintaining our children's safety at all times, particularly when riding in a vehicle. Thousands of young children are killed or injured in car crashes each year.

With so many different car seats on the market, many parents find this topic overwhelming and confusing. The type of seat your child needs depends on several things, including your child's size and the type of vehicle you have.

For lots of useful, in-depth information about choosing the most appropriate car seat for your child, proper installation, air bags and children, and more, go to healthychildren.org.

Additionally, healthychildren.org has provided a checklist of important reminders regarding the safety of children and vehicles.

1. Be a good role model. Make sure you always wear your seat belt. This will help your child form a lifelong habit of buckling up.
2. Make sure that everyone who transports your child uses the correct car seat or seat belt on every trip, every time. Being consistent with car safety seat use is good parenting, reduces fussing and complaints, and is safest for your child.
3. Never leave your child alone in or around cars. Any of the following can happen when a child is left alone in or around a vehicle. A child can
*Die of heat stroke because temperatures can reach deadly levels in minutes.
*Be strangled by power windows, retracting seat belts, sunroofs, or accessories.
*Knock the vehicle into gear, setting it in motion.
*Be backed over when the vehicle backs up.
*Become trapped in the trunk of the vehicle.
4. Always read and follow the manufacturer's instructions. If you do not have the manufacturer's instructions for your car seat, write or call the company's customer service department. They will ask you for the model number, name of seat, and date of manufacture. The manufacturer's address and phone number are on the label on the seat. Also be sure to follow the instructions in your vehicle owner's manual about using car seats. Some manufacturers' instructions may be available on their Web sites.

Gas Grills Recalled Due to Fire and Burn Hazards

Thu, 19 Apr 2012 11:44:55 -0600

The U.S. Consumer Product Safety Commission announced a voluntary recall this week of STOK gas grills. These grills were sold at Home Depot stores nationwide, as well as Direct Tools Factory Outlet between March 2011 and February 2012.

It is estimated that there are about 87,600 of these gas grills in the U.S. These products were imported by One World Technologies Inc. of Anderson, S.C. (manufactured in China).

Hazard: The regulator on the grill can leak propane gas and can ignite, posing fire and burn hazard to consumers. There have been 569 reports of regulators leaking propane gas.

Description: This recall involves STOK Island and STOK Quattro gas grills. The STOK Island has a round grill base and two burners. "STOK" is written on the grill cover and a label on the bottom of the grill stand. The STOK Quattro gas grill is a rectangular, four-burner grill. "STOK" is printed on the grill's lid. To identify whether a specific Island or Quattro grill is included in this recall, you will need to look at the grill's regulator. The recalled grills have regulators on them with the model number "AZF" on the front and a date code between 1046 and 1143 on the back of the regulator.

Consumers should immediately stop using the recalled grills and contact One World Technologies for a free replacement gas regulator for the grill. For more information, and company contact information on this recall, visit Consumer Product Safety Commission.

Dishwashers Recalled Due to Fire Hazard

Wed, 11 Apr 2012 11:57:30 -0600

The U.S. Consumer Product Safety Commission announced a voluntary recall of Viking dishwashers as described below. It is reported this recall involves approximately 2000 dishwashers manufactured by Viking Range Corporation of Greenwood, Mississippi.

The hazard is that an electrical component in the dishwasher can overheat, which poses a fire hazard. Viking has received 21 reports of incidents, including five reports of property damage from fires.

These dishwashers were sold at appliance and specialty retail stores nationwide from June 2010 through March 2012.

Description: The recall includes Viking 24" Professional, Designer and Custom Panel dishwashers manufactured between May and September 2010. They were sold in black, white and 24 other custom colors, stainless steel and with custom wood panels. The name "Viking" appears on the control panel at the top of the door. The model and serial number are located on the identification plate mounted on the inside on the left side of the dishwasher door opening. The first six numbers in the serial number are the manufacture date in mmddyy format, e.g., serial number 052610 was manufactured on May 26, 2010.

Model and manufacture dates included on this recall are as follows.
Model Numbers Starting With:

DDB325

DFB450

VDB325

VDB450

Date Codes - first six digits of serial number: 052610 through 091510

* Model numbers ending with an E are not included on the recall.

Remedy: Consumers should immediately stop using the recalled dishwashers and contact Viking's hotline for a free in-home repair.

For more information on this recall, visit Consumer Product Safety Commission's website.

Missouri Traffic Deaths Show a Significant Increase After Six Year Drop

Thu, 05 Apr 2012 14:33:44 -0600

Although Missouri has experienced a decrease in fatalities over that last six years, the first few months of 2012 have proven deadly. When comparing early last year to the same time period this year, Missouri has experienced a considerable increase in traffic crash fatalities.

Traffic crash reports point to some common themes among contributing circumstances. Two-thirds of those fatalities involved people who were not wearing a seat belt. Another commonality is failure to remain in the proper lane, which includes crossing over the center line and running off the right side of the road.

Many of 2012's crashes have involved drivers who drift off the edge of the pavement and then overcorrect. Missouri State Highway Patrol reports that run-off-road crashes result in 50 percent of all traffic fatalities. MSHP reports the trick to protecting your life and the lives of others in these crashes is to remain calm. Don't panic and overcorrect. A firm grip on the wheel, easing off the gas, and staying off the brake are the recommendations. An off-road-recovery video can be viewed here.

Per Colonel Ron Replogle, superintendent of the Missouri State Highway Patrol: "Since January 1 of this year, Missouri has seen an increase in traffic crash fatalities compared to the same period of time last year. Please give your full attention to driving. Drive according to the traffic laws of this state, and remember that seat belts can and do save lives. Please buckle up."

Recent Study Shows an Old Medication offers New Hope for Patients with Traumatic Brain Injury

Fri, 30 Mar 2012 14:14:54 -0600

According to a recent study by the New England Journal of Medicine, Amantadine accelerated the pace of functional recovery during active treatment in patients with post-traumatic disorders of consciousness.

Over the past several years, Amantadine has been used for multiple treatments for ailments, including flu and Alzheimer's. This latest study suggests that when Amantadine is given to patients with severe brain injuries, recovery results were markedly improved.

Neuropsychologist Joseph Giacino of Boston's Spaulding Rehabilitation Hospital, co-leader of the study said : "This drug moved the needle in terms of speeding patient recovery, and that's not been shown before ... It really does provide hope for a population that is viewed in many places as hopeless."

Study co-leader, John Whyte, M.D., Ph.D, Director of Moss Rehabilitation Research Institute says, "Now that we know that amantadine can accelerate neurologic recovery, we need to explore the dose and treatment schedule that provides the greatest and most durable treatment impact ... Importantly, this study adds to the growing evidence that patients with disorders of consciousness have rehabilitation potential that we are just beginning to tap."

Doctors have been utilizing Amantadine for several years to treat brain injuries, however there has never been a wide-ranging study of this magnitude to evaluate the results. The new findings are an important step in the right direction, but many questions remain. It is not yet known whether the drug will help patients that have less severe injuries, or also whether Amantadine will speed traumatic brain injury recovery in the long term.

Read more at the New England Journal of Medicine site.

What is Distracted Driving?

Tue, 20 Mar 2012 16:12:46 -0600

Distracted driving is any activity that could reroute a person's attention away from the primary task of driving. All distractions endanger driver, passenger, and bystander safety. The following activities while driving are a few examples of distracted driving:

• Texting
• Using a cell phone
• Eating, drinking
• Talking to passengers
• Grooming
• Reading (this includes maps)
• Using a navigation system
• Watching a video
• Adjusting a radio or other audio device

Text messaging requires visual, manual, and cognitive attention from the driver, therefore it is by far the most alarming distraction.

In 2009, 5,474 people were killed in crashes involving driver distraction, and an estimated 448,000 were injured (NHTSA). Educating Americans about the dangers of distracted driving is the best way to decrease these types of accidents, and potentially save thousands of lives each year.

Read more at distraction.gov, which is the official government website for distracted driving.

Sidney Eckman Wheelan named Paris FBLA Business Woman of the Year

Tue, 13 Mar 2012 15:44:23 -0600

Sidney Eckman Wheelan, Attorney at Law and member of the law firm of Tatlow, Gump, Faiella and Wheelan, LLC in Moberly, MO. was presented a certificate and plaque for her support of the Paris, Missouri FBLA. She was selected Business Person of the Year.

The Law Firm of Tatlow, Gump, Faiella and Wheelan, LLC represents clients in a broad range of litigation focused on personal injury and its tragic consequences including wrongful death, insurance, bad faith and product liability. Additionally, Wheelan represents clients regarding workers compensation, social security disability cases and other selected area of litigation. She is a member of the Missouri Association of Trial Lawyers (MATA), the American Association of Justice (AAJ), The American Bar Association, the Woman's Law Association of Mid-Missouri (WLAMM), and local bar associations including the Tenth Judicial Circuit Bar Association and the Randolph County Bar Association (past president

Wheelan earned a Bachelor's Degree from William Woods University, in Paralegal Studies and her law degree from the University of Missouri-Columbia School Law in 1999. During law school, she received CALI Excellence for the Future Awards in Environmental Law and Advanced Legal Research.

Wheelan is licensed to practice law in the United States Supreme Court, all Missouri courts, the Eighth Circuit Court of Appeals, and the United States District Court for the Eastern and Western Districts of Missouri.

As a very active member of the local and area community, Wheelan has served many community organizations including the Alpha Phi Chapter of Beta Sigma Phi, Monroe County Swim Club, and the United Methodist Church of Paris. She has supported and chaired Randolph County Relay for Life Teams for the American Cancer Society. She has influenced and mentored children of all ages through her work as a Sunday school teacher for many years; as a Troop Leader for Girl Scouts of American and through her work with young women in local and regional scholarship pageants. She speaks frequently to various business and community groups on various legal and business topics and enjoys attending high school and college career days and talking to student groups about issues of interest to teens and young adults.

Wheelan has been a proud and active supporter of FBLA. She has participated and attended local chapter fundraisers through the year, including the pancake breakfast and the Red Cross Blood Drive sponsored by the Paris FBLA. She enjoys supporting FBLA members as they prepare and practice for competitive events. She has been a guest speaker for FBLA meetings. She admits that he most fun and rewarding FBLA activity to date was sponsoring and chaperoning the Paris FBLA officers on their trip to the State Leadership Conference in Little Rock, Arkansas, in November. Wheelan looks forward to working with the students at the upcoming District State and National Competitions.

Photo Info --
Above right: Josh Ebbsmeyer makes the special presentation to Attorney Wheelan.
Group Photo: Thirty-three Paris FBLA students under the direction of Barbara Mason traveled to Moberly Thursday to surprise Attorney Sidney Eckman Wheelan. She was presented a certificate and plaque for her support of the Paris High School FBLA. Sidney and her daughter, Danielle are centered in the front row.

Original article and photography by Connie Duvall, Moberly Monitor-Index

How to Handle a Runaway Car

Fri, 09 Mar 2012 11:16:08 -0600

One of the most frightening driving experiences is unintended acceleration, a problem highlighted by automobile recalls of recent years and numerous "stuck accelerator" accidents in the news.

The Consumer Reports auto engineers ran tests simulating what it might be like in a car with an accelerator that is stuck open. From their experiences, they have offered advice on what to do in such a circumstance. Press and hold the brakes and shift the transmission into neutral. Then utilize your brakes to bring the car to a stop on the side of the road. Shut off the engine. Finally, you should shift the car into park.

The Consumer Reports engineers found that it may be difficult to stop some vehicles with a stuck throttle at highway speeds by pressing on the brakes alone. What's worse -- pumping the brakes even once may cause the car's system to lose its power assist. Loss of power assist makes it extremely difficult or even impossible to stop the car. But in each of four vehicles tested, the CR Engineers were able to easily nudge the shifter into neutral, stopping the car swiftly.

Unfortunately, at high speed a runaway car could go a full football field or more during as little as 3 seconds. The engineers at Consumer Reports recommend practicing the following emergency procedure to get the feel in case you ever need to use it: Practice shifting from drive to neutral at low speeds in an open parking lot.
Read more here.

American Association for Justice Calls for Transparency of Medical Industry Payments

Tue, 28 Feb 2012 13:48:48 -0600

American Association for Justice (AAJ) recently submitted comments to the Centers for Medicare and Medicaid Services (CMS) calling for more transparency of payments made to doctors and hospitals by drug and device manufacturers.

Financial relationships between drug and device manufacturers may result in a conflict of interest, as well as a negative impact on the safety of patients.

AAJ President Gary M. Paul stated: "We need to eliminate patients' unnecessary exposure to potentially dangerous drugs and devices. Transparency will allow patients to determine whether their physicians have any conflicts of interest and empower them to make an informed decision regarding the drugs or devices they are prescribed."

Learn more from AAJ's full release.

Pedestrian Accidents

Tue, 28 Feb 2012 11:32:00 -0600

When a motor vehicle collides with a pedestrian, there is a high risk of serious personal injury or death. Pedestrian/motor vehicle accidents are a serious problem in the United States.

Data from the most recent National Highway Traffic Safety Administration information indicates that in 2009, 4032 pedestrians were killed and an estimated 59,000 were injured in traffic crashes in the United States. On average, a pedestrian is killed every two hours and injured every nine minutes in traffic crashes.

Older pedestrians (age 65+) accounted for 19 percent of all pedestrian fatalities and an estimated 8 percent of all pedestrians injured in 2009. In that same year, one-fifth of all children between the ages of 5 and 9 who were killed in traffic crashes were pedestrians. Children age 15 and younger accounted for 7 percent of the pedestrian fatalities and 25 percent of all pedestrians injured in traffic crashes. Forty percent of all young (under 16) pedestrian fatalities occurred between 3 and 7 p.m.
Many factors may contribute to pedestrian accidents. Negligence is one of the most common factors. Motorists have a responsibility to adhere to the laws of the road and drive in a safe and observant manner at all times. Some common negligent practices by motorists include:

• Inattentive or distracted drivers
• Driver's failure to observe posted speed limits
• Driver's failure to yield the right of way to pedestrians at marked cross walks
• Driver's disregard for traffic control devices

As our thoughts turn to spring and more people are walking, running and cycling, the partners and staff at Tatlow, Gump, Faiella & Wheelan, LLC, would like to remind both drivers and pedestrians of the following safety measures:

• Drivers are required to yield the right-of-way to pedestrians crossing streets in marked or unmarked crosswalks in most situations. They need to be especially careful at intersections where the failure to yield right-of-way often occurs when drivers are turning onto another street and a pedestrian is in their path.
• When possible, cross the street at a designated crosswalk. Always stop and look left, right and left again before crossing. If a parked vehicle is blocking the view of the street, stop at the edge line of the vehicle and look around it before entering the street.
• Increase visibility at night by carrying a flashlight when walking and by wearing retro-reflective clothing that helps to highlight body movements.
• It is much safer to walk on a sidewalk, but if you must walk in the street, walk facing traffic.

Tatlow, Gump, Faiella, & Wheelan, LLC, of Moberly, Missouri and Co-counsel, Branson L. Wood, III, of Hannibal, Missouri Recover $3 Million in Bad Faith Claim Against Savers Property and Casualty Insurance Company

Sat, 25 Feb 2012 09:51:03 -0600

Tatlow, Gump, Faiella and Wheelan LLC of Moberly and Co-Counsel Branson L. Wood III, of Hannibal recovered $3,000,000 from Savers Property and Casualty Insurance Company after it wrongly denied the claims against its insureds. The bad faith claim against Savers Property and Casualty Insurance Company originated from an incident in the City of Perry, Ralls County, Missouri when Timothy Epperson was killed as a result of a municipal sewer line trench cave in on February 19, 2008. Timothy Epperson was survived by his wife, three minor children and his parents. The Epperson plaintiffs filed a wrongful death action against Donald Huff as the City Superintendent and Executive Officer of the City of Perry Missouri. Although Defendant Huff's insurance company issued liability insurance coverage under a general liability insurance policy in the amount of $2,000,000 dollars, Savers Insurance failed and refused to defend Huff against the claim for wrongful death of Timothy Epperson.

On March 23, 2010 the Epperson plaintiffs obtained a judgment against Huff in the sum of $6,277,700.

Donald Huff joined the Epperson plaintiffs in asserting claims against the insurance company under several counts including equitable garnishment, breach of contract, vexatious refusal to pay, and bad faith. Summary Judgment was won by the plaintiffs at the trial court and the insurance company appealed. However, before the issue was decided by the Appellate Court, the party reached an agreement to settle all issues for one and a half times policy limits or the total of $3,000,000. Epperson-Bridgeman, et. al. v. Savers Property and Casualty Ins. Co., E.D. 96074.

About One-third of Children Who Survive a Traumatic Brain Injury Will Have Lasting Damage, Researchers Report

Sun, 19 Feb 2012 14:40:31 -0600

Many people believe young children are quite resilient after they are seriously hurt. The opposite may be true with traumatic brain injuries.

Two Australian studies looked at the impact of traumatic brain injury in children as young as 2 years. These studies found that TBI's affected cognitive function, IQ and behavior for some time. However, the researchers also discovered that recovery from traumatic brain injury can continue for years after the initial injury.

"Many people think that the soft skull of a baby may give them some advantage because if they fall they are not likely to sustain a skull fracture. Also, because a baby's brain is growing so quickly, it seems like the brain may be able to fix an injury. In reality, the soft skull and growing brain of a baby put them at a greater risk of future problems," said Louise Crowe, a postdoctoral research officer at the Murdoch Childrens Research Institute in Melbourne (the lead author of one of the studies).

Crowe adds, "Children with significant head injuries do recover, but they are generally slower to learn concepts, and some high-level skills are often too difficult for them."
Results from both studies are scheduled to appear in the February issue of Pediatrics.

Most of these traumatic brain injuries do not prove to be fatal, but about one-third of children who survive the TBI will have lasting damage, report the researchers.

One of the studies shows that children who had moderate-to-severe TBIs scored lower on IQ tests by about seven to 10 points. Mild traumatic brain injuries didn't seem to significantly affect IQ. Mild and moderate-to-severe TBIs were also associated with an increased risk of behavior problems.

Additionally, it was noted that a child's home environment can positively influence recovery if the child lives in a stable, caring home.

Tatlow, Gump, Faiella, & Wheelan, LLC, of Moberly, Missouri and Co-counsel, Strong-Garner-Bauer, P.C. of Springfield, Missouri Recover 2.5 Times Policy Limits in Bad Faith Claim Against Sentry Select Insurance Company

Sat, 18 Feb 2012 09:35:07 -0600

Trial attorneys Chris Faiella and Sidney Wheelan, of Tatlow, Gump, Faiella & Wheelan, LLC of Moberly, Missouri, along with co-counsel, Strong-Garner-Bauer, P.C. of Springfield, Missouri recovered 2.5 times policy limits for in a bad faith claim against Sentry Select Insurance Company.

The bad faith claim against Sentry Select Insurance Company originated from a collision on U.S. Hwy 54 in Miller County, Missouri, in November of 2004, when a motor grader operated by James Duckworth was rear-ended by a semi-tractor trailer unit. The semi-tractor was owned by James Hosmer and operated by one of his employees, but under a long term lease to another carrier, Cands, Inc.

Because Mr. Duckworth received severe and debilitating injuries as a result of the negligence of the truck driver, the Duckworths initiated a law suit to determine liability and damages. After protracted litigation, the Duckworths eventually reached an agreement to settle their claims against the carrier, Cands, Inc., for the insurance policy limits of $1 million. As part of the settlement, Sentry Select Insurance Co., insisted on obtaining a release for itself, but failed to obtain a release for its other insureds. Sentry failed to advise the owner of the truck, who was also the employer of the truck driver, that it was not protecting his financial interests and was not getting a legal release for his potential liability for the collision.

After months of depositions, summary judgment rulings, and pre-trial motions, the parties reached an agreement to settle the claims of bad faith against the insurance company just one week before trial was scheduled to begin in Federal Court, Western District, in Jefferson City for an additional $1.4 million. The case is Sentry Select Insurance Co. vs. Hosmer, et al, Case No. 2:08-CV-04254-NKL.

Missouri Court of Appeals finds that a prosecutor could not access a month's worth of text messages sent by a suspect in a fatal car accident

Tue, 14 Feb 2012 12:48:02 -0600

Changing technology was the focus of another case recently decided by the Missouri Court of Appeals Western District. The case, arising from a fatal car accident in Mexico, Missouri, is State v. Clampitt, WD73943. At issue, was text messages the accused sent on the day of the collision and for approximately one month following the event. The trial judge, the Hon. Gary Ravens of Chariton County, suppressed the evidence, writing that "the state was eavesdropping to see if the defendant would make an admission." And the Appellate Court agreed, holding that messages sent by cell phone deserve the same long-standing Fourth Amendment privacy protections afforded to letters and phone calls.