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Missouri Supreme Court To Decide Issues Regarding the Amount of Medical Bills Submitted To the Jury

Missouri Personal injury attorneys have been watching the Missouri Supreme Court to see if the judges will eliminate sections of the 2005 tort law amendments regarding personal injury cases. On Wednesday, the Missouri Supreme Court listened to arguments about what medical bills in a personal injury case could be presented to a jury in order to calculate the total damages. Many attorneys argue that the laws that say what evidence can be presented are unconstitutional because it is difficult to assess the value of medical treatment.

 

According to the 2005 statutory amendments, judges have to decide whether to submit the bills that have been paid or the bills that have been charged, which has many attorneys and judges confused. A person who has a personal injury case could lose thousands of dollars depending on which set of bills the jury sees at trial. A 2005 personal injury case, Deck vs. Teasley, sparked the concern when the judge awarded $9,904 for the amount that Medicare paid to settle the medical bills, but the total amount billed to Deck was $27,991. Unfortunately, the value of the medical treatment the plaintiff received was neither of those figures.

 

The plaintiff's attorney invited the Missouri Supreme Court to look into the case to see if the statute was unconstitutional with the belief that the statute robs the plaintiff of their right to have a jury decide the amount of damages. Many attorneys have argued the unconstitutionality of the medical bill statute with many different reasons.

 

An amendment to the medical bill statute will change the way personal injury cases are tried in the future. Once the Missouri Supreme Court issues their opinion on whether or not the statues are unconstitutional, the law will become clearer for personal injury attorneys to fight for their clients. Personal injury cases have their obstacles, which is why it is essential for individuals or their families to hire an attorney to take them through the process.

 

Joshua P. Myers is the owner and President of Myers Injury Law, LLC and a founding partner of Schultz & Myers, LLC.  Based in St. Louis, Missouri, his personal injury law firm routinely handles motor vehicle accidents, truck accidents, and product liability cases that result in personal injury or death throughout the Midwest. If you have been hurt or have lost a loved one due to the negligence of another, please contact a personal injury attorney to learn your rights.  It is always free to discuss your case and there are never any attorney's fees until we recover on your behalf.

 




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Toyota and Honda Issue Recalls Cars Because of Possible Brake Fluid Leak

We want our cars to be safe, but sometimes carmakers make mistakes during production. These mistakes can cause serious injury to anyone in the car in the event of a malfunction. As a Missouri Personal Injury Lawyer, I believe it is my responsibility to inform the public of recalls involving passenger vehicles. Honda and Toyota have issued a recall for thousands of cars because of a brake fluid problem. The brake issue on Honda and Toyota vehicles diminishes brake performance and could lead to a serious accident.

 

Toyota has recalled over 740,000 vehicles with the potentially dangerous defect. Toyota Avalons between 2004 and 2007, Toyota Highlanders, and several models of Lexus have been recalled. The recall issue is for the rubber seal, which becomes misshaped after time and causes the brake fluid to leak. A brake fluid leak can lead unresponsive brakes while driving.

 

Honda has not released the number of their vehicles, which were affected, but Acura vehicles and Odyssey minivans are being recalled for a problem similar to Toyota. To date no serious car accidents have been reported because of the recall issue. If you drive a Toyota or a Honda please be on the lookout for a recall notice attached to your vehicle's VIN. Both companies will fix the recall issue when you take your vehicle into an authorized dealer.

 

If you would like to know if your car is being recalled, please contact your local dealer immediately. It is better to have the problem fixed right away than to risk the chance that the brakes will malfunction. Carmakers recall millions of vehicles each year when they discover a mistake made while the car was in production. Many lawsuits are filed each year for injuries and fatalities caused by vehicle defects. If you or someone you love has been injured because of a recalled malfunction, please talk to an experienced motor vehicle accident attorney at 888.956.2487 for a free consultation

 

Joshua P. Myers is the owner and President of Myers Injury Law, LLC and a founding partner of Schultz & Myers, LLC.  Based in St. Louis, Missouri, his personal injury law firm routinely handles motor vehicle accidents that result in personal injury or death throughout the Midwest. If you have been hurt or have lost a loved one due to the negligence of another driver, please contact a motor vehicle accident attorney to learn your rights.  It is always free to discuss your case and there are never any attorney's fees until we recover on your behalf.

 

 




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Toni Lopez Discovered To Be Responsible Driver Involved In Illinois Street Sweeper Accident

toni lopez crash.jpgAs an Illinois car accident attorney, my attention was captured by the news of a fatal hit and run accident in Midland, Illinois. At 3 am on October 14, 2010 a stolen Chevrolet Suburban collided with a street-sweeper putting three people in the hospital with serious injuries and killing one man. Donald Clark was driving the street-sweeper with three passengers: Rahsad Bell, Sabrina Kalinosky, and Ronnie Randolph.

 

Toni Lopez drove the Suburban as she sped from the Midland Hotel at a high speed. When the vehicles collided, Randolph was pulled under the street-sweeper and crushed. Lopez sped away from the accident leaving Clark, Bell, and Kalinosky seriously injured. The three injured hit and run victims were transported to Midland Memorial Hospital. Bell was in stable condition when he arrived to the hospital, but Clark and Kalinosky were both in critical condition. Kalinosky was admitted to Midland Memorial Hospital but was moved to University Medical Center in Lubbock to undergo surgery.

 

Lopez left the scene of the crime but was later found in a local motel. Lopez was questioned by police officers and released. It is unclear if any charges had been filed. The police have interviewed the three injured individuals and received conflicting stories, so they are trying to piece the event together with witness accounts. Since the victims will be mending in the hospital for quite some time, the police department believes they can take the time to do the legwork needed to close the case.

 

As an Illinois car accident lawyer, I understand the pain and suffering people go through when they are seriously or lose a loved one in a car accident. Those who are injured should never have to pay for the mistakes of a negligent driver.  In this particular case, there are numerous types of insurance coverage that will come into play to compensate for the destruction caused by Lopez.  


Joshua P. Myers is the owner and President of Myers Injury Law, LLC and a founding partner of Schultz & Myers, LLC.  Based in St. Louis, Missouri, his personal injury law firm routinely handles car accidents that result in personal injury or death throughout the Midwest. If you have been hurt or have lost a loved one due to the negligence of another driver, please contact an auto accident attorney to learn your rights.  It is always free to discuss your case and there are never any attorney's fees until we recover on your behalf.




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St. Louis Dog Bite Lawyer Discusses Recent Changes In Missouri Dog Bite Law

Mans' best friend is not always friendly. You know what I am talking about I am sure: dogs. Many people get great comfort out of the companionship of a dog. Others keep dogs for less admirable purposes, amongst these are the desire to appear tough by demonstrating mastery over a snarling beast or to protect their property. Still others keep dogs for sporting purposes. Dogs are pack animals and take their orders from the leader of the pack. That is not you - Joe Public - nor is it your child who unsuspectingly toddles up to a dog. Hence we have millions of people suffering dog bites each year in the USA. Luckily, they are not all the kinds of attack that leave the victim damaged for life.

People have kept dogs for centuries. However, in recent years there have been many reports of dogs attacking, mauling and even killing people. Are we hearing these reports because the media loves to report scary stories, or have we bred our favorite dogs to the point that they exhibit nervous traits that make them unreliable?

Whatever the reason, as a St. Louis Dog Bite Lawyer, I have seen the consequences of a dog using its powerful jaws against the soft flesh of a fellow human being. Whether the dog has a history of violence or not, these victims deserve the chance to make their case in court and receive compensation. Think about it, some dogs are bred to fight lions or bulls; they have no trouble dealing with humans. Sometimes the victims of dog bites face years of reconstructive surgery, and others are traumatized for the rest of their lives.

In the past, the owner was only liable for the injuries or damage done by their dogs if there was a history of aggression or violence on the part of the dog. Thankfully, it is no longer necessary to establish a history of aggression in Missouri. In 2009, the Missouri legislature quietly changed the laws that hold the owner of a dog is automatically responsible for the harm his or her dog inflicts regardless of any past history of aggression.  

Now, this new law does not mean, in the short term, that you are safer from biting dogs. But, long term it may. As more and more people successfully prosecute the owners of aggressive dogs with the help of a Missouri Dog Bite Lawyer such as myself , it seems reasonable to anticipate that dog owners will take care to restrain their dogs to ensure the public's safety.

In the meantime, take care around dogs, your own as well as strangers' dogs. There are cases where small children have been mauled or even killed by the family pet. Protect your family and you may never need my services, but if you do, I will fight to get you what the law now allows me to fight for, compensation from the owners of all biting dog.

 




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Our Avandia Lawyers Are Investigating Heart Attack and Stroke Cases Nationwide

Our Avandia recall lawyers are investigating cases around the United States involving the side effects of Avandia. Patients who used the anti-diabetic drug experienced heart problems, edema, and other health problems associated with diabetes that was aggravated by the use of Avandia. Although sales of Avandia have dropped steadily since the drug was recalled, there are still many people who are in danger of its side effects.

 

Avandia, also known rosiglitazon, is manufactured by GlaxoSmithKline and was introduced in 1999 for the treatment of Type 2 diabetes. The drug was approved to be used with a diet and exercise program to help control a persons blood sugar levels. Studies have shown that Avandia can cause fluid retention that increases the danger of congestive heart failure in patients with and without existing heart problems. Over six million patients with diabetes have taken Avandia since its release in 1999. The death rates of patients who have used Avandia are 15% higher than those who use other medications to control their blood sugar and heart failure is 13% higher.

 

Although SmithKlineBeecham, who is doing business as GlaxoSmithKline, have settled over 10,000 lawsuits associated with Avandia, they are still denying the allegations that they failed to adequately warn users of the risks. On May 21, 2007 the Food and Drug Administration issued a safety alert warning users that Avandia could increase the risk of injury to the patients' heart. This warning stemmed from data taken from controlled trials of the drug. Several weeks later the New England Journal of Medicine backed the FDA's findings with their study that suggested that users of Avandia were at a 43% higher risk of heart attack.

 

On November 14, 2007 the Black Box Warning for Avandia was updated to include the increased risk of heart problems due to the drug. A Black Box warning is required the Food and Drug Administration for any medication that have medical studies that suggest the drug has serious or life threatening side effects. In February of 2008 the FDA issued a message to users of Avandia to watch for signs of shortness of breath or swelling that is caused by fluid retention.


Cases like the Avandia anti-diabetic drug are categorized as product liability. When a defective medication is brought to our attention, we look carefully at the design and chemicals to see if it is defective. If a company is going to profit from selling a defective medication, or at least on that increases its users' risk of heart attacks and strokes, our Avandia injury attorneys think that company should be liable for the damage they cause. 

 

Lawsuits for the product liability of Avandia have increased dramatically. Our Avandia Side Effect Lawyers believe that GlaxoSmithKline should be held responsible for the harm that Avandia has caused. We believe the people who have taken Avandia and suffered injuries should be compensated for their loss. If you or a loved one has developed heart problems from taking Avandia, please consult one of our experienced injury attorneys at Myers Injury Law to discuss your claim.


Joshua P. Myers is the owner and President of Myers Injury Law, LLC. Based in St. Louis, Missouri, his firm is investigating cases nationwide of heart attacks and strokes caused by Avandia.  If you have suffered an injury due to Avandia, please contact us toll free to further discuss your case.  It is always free to discuss your case with us and we never charge attorney's fees until we recover on your behalf.

 




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I-270 Car Accident in St. Louis Claims Life of 11-month-old

As a St. Louis Car Accident Attorney, I have met many people affected by the negligence of another driver. I understand how tough it can be to lose a loved one or suffer from injuries that threaten the quality of life of the injured, which is why I was sad to read that drivers and passengers were injured in a crash in St. Louis that also claimed the life of an 11-month old infant.

On October 8, 2010 at 3:50 p.m. Edin Demirovic, his wife Emira Demirovic, and their 11-month old son Hasib Demirovic were driving North on Interstate 270 in their Toyota Corolla. Demirovic tried to change lanes when he drove into the path of Dale Merz. The Toyota Corolla struck Wilson's vehicle and then collided with a Chevrolet Silverado driven by Merz.

Edin Demirovic, Emira Demirovic, and Hasib Demirovic were taken to St. John's Mercy Medical Center in St. Louis with serious injuries.  Mr. and Mrs. Demirovic were treated, but their 11-month old son died as a result of his injuries at the hospital. Darryl Wilson was also treated for injuries, and Dale Merz was not injured in the accident.

Everyone involved in the accident was wearing a seat belt and 11-month old Demirovic was properly secured in his child safety seat. My heart goes out to the Demirovic family for the loss of their child and to Mr. Wilson for his injuries that he received from the car accident. As a St. Louis car accident lawyer, I understand how confusing it can be after an injury is sustained in a car accident. Most people do not know what their rights are after an accident, but the next step after an accident is to speak to a personal injury attorney.


Joshua P. Myers is the owner and President of Myers Injury Law, LLC.  Based in St. Louis, Missouri, he routinely handles automobile accidents throughout the Midwest. If you have been injured in a car accident, please contact an auto accident attorney to learn your rights. Our dedicated attorneys are standing by to help you through this difficult time. It is always free to discuss your case and there are never any attorney's fees until we recover on your behalf.

 




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Our Levaquin Recall Attorneys Investigating Levaquin's Harmful Side Effects

Medical science is pushing the boundaries to make new and astonishing treatments available. But, innovation does not always work out quite the way science predicts it will; one of the recent examples of an advance with a downside is Levaquin, sometimes known as levofloxacin. In these cases, our Levaquin Recall Lawyers investigating cases from all across the country regarding ruptured tendons as a result of Levaquin use to make sure you get the satisfaction and compensation you deserve.

We investigate and appear for those in need of representation in cases of medical misadventure of all kinds.  For example, you may need our help because you have been harmed due to misdiagnosis, late diagnosis, misuse of drugs or the miserable side effects of some drug treatments such as Levaquin.

If you have had infections as diverse as infections of the skin, urinary track, sinuses or even lungs, you may have been treated with Levaquin. Although you may have felt better in some ways, it is also possible that you are one of many people who have suffered inflation in some area of the body due to the use of Levaquin. This inflammation has been found to lead to complications in some people with the tendons and tendinitis, which is inflammation of the tendons.

Increasingly large numbers of people are revealing that they have suffered harm as a result of tendinitis following a course of Levaquin. Tendons in various parts of the body may rupture and patients may not be able to continue their lives as before as a result of swelling, inflammation, pain and bruising in the area of tendons. Other Levaquin users have reported strange popping sounds being emitted from tendons in use.

There are several other features concerning the impact of Levaquin on the body that you need to consider. One is that the tendon damage or tendinitis does not necessarily go away for some considerable time once the drug is no longer being taken. Another is that the tendon damage can appear after the patient has ceased to take the drug making it difficult for the patient to identify the link between the drug and the damage to the body. Our lawyers handling levaquin cases can advise you if you are concerned that you are a victim of Levaquin's harmful side effects.

If you have been prescribed Levaquin and have subsequently found that you are suffering inflammation or pain in tendons or have trouble supporting your weight or moving parts of your body due to severe pain, you could be feeling the impact of drug induced tendon inflation.

As Levaquin Side Effects Attorneys, we urge you to speak with us to see what we can do to help you establish your case.




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Missouri Car Accident Lawyer Discusses Utica, Missouri Car Wreck

As a Missouri Car Accident Attorney, I follow the news of motor vehicle accidents across Missouri and Illinois. The motor vehicle negligence of an accident that injured three men on the U.S. 6 most recently captured my attention. At 5:55 a.m. on October 7, 2010 a two-vehicle accident occurred that slowed traffic northeast of the city of Utica, Missouri.

47-year-old Richard Miller of Shorewood and his passenger, 35-year-old David Winnie of Ottawa was driving westbound a mile east of Route 178 when the boat they were pulling was struck by another vehicle. 22-year-old Lamar Robinson of DePue was driving eastbound on U.S. 6 when he fell asleep at the wheel and his vehicle swerved into oncoming traffic.

The accident could have been fatal had Miller not been alert to the situation. When Miller saw the vehicle coming toward him, he took action to get out of the way. Although Robinson struck Miller's vehicle, Miller's quick action saved all three men from being seriously injured or killed during the collision.

The collision put Miller's Suburban and mangled trailer in the north ditch and their fishing boat ended up just east of Ninth Road in a cornfield. It is unclear where Robinson's vehicle ended up after the collision. All of the men were able to pull themselves from the wreckage without the help of emergency service providers and were waiting for emergency crews to arrive.

All three men were taken to Ottawa Healthcare Center and Regional Hospital by ambulance. Robinson was admitted as a patient to Ottawa Regional hospital but Miller was discharged. None of the area hospitals have record of Winnie being admitted for treatment. Robinson was given a ticket for improper lane use. If Miller had not been as alert as he was that day, the outcome would have been worse than just a few mangled vehicles and minor injuries.

 

Joshua P. Myers is the owner and President of Myers Injury Law, LLC.  Based in St. Louis, Missouri, he is a Top Missouri Personal Injury Attorney specializing in car wreck accident cases throughout the Midwest. Please do not let someone else's negligence ruin your quality of life. If you have been injured in a car accident, feel free to call toll free at 888-956-2487. It is always free to discuss your case and there are never any attorney's fees unless we recover on your behalf.

 




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Ortho Evra Recall Lawyers - We Are Investigation Cases Nationwide

Our Ortho Evra Patch lawyers have recently begun investigating cases around the country involving the dangers of the birth control patch. Ortho McNeil Pharmaceutical, Inc introduced the Ortho Evra birth control patch in 2002. The once-a-week birth control patch was offered to females as an alternative to taking the birth control pill every day with the same protection against unwelcome pregnancies. Although the birth control patch gave women the convenience of a weekly application, we believe the birth control method turned out to be majorly flawed.

In 2004, the Food and Drug Administration conducted a study that revealed potentially fatal risks in Ortho Evra users such as blood clots that could cause heart attacks, pulmonary embolisms, and stroke. In November 2005, the FDA required the drug company to publish a warning to users of the increased health risks associated with the patch. Millions of women who were using Ortho Evra were already exposed to considerably elevated doses of estrogen, which put them at a larger risk for blood clots.

For any birth control to be effective, enough estrogen must reach the blood stream but too much of the hormone can be fatal. Once the FDA released their warning on Ortho Evra, the pharmaceutical company was required to change the packaging label to reflect the dangers. Unfortunately, the change came too late for some women. Over 3.5 million women between the ages of 17 and 30 had used the birth control patch before the warning was issued. Since 2002 there have been 23 fatalities due to Ortho Evra use with 17 of those deaths due to blood clots. Most of the victims who died were in their late teens and early twenties.

The Food and Drug Administration believes that 10% of Ortho Evra side effects have been reported, so the possibility of more women being affected by the drug is high. If you'd like to speak with one of our Ortho Evra Patch Attorneys because you believe it has caused blood clots, please contact us toll-free 888.956.2487.  It is always free to discuss your potential case.  Please note the law limits the amount of time you have to file suit.  The deadline is different for each state.  As each day passes, people's memories fade and evidence becomes scarcer.  Thus, in significant and complex cases such as product liability, time is always of the essence.

Cases like the Ortho Evra birth control patch are categorized as product liability. When a defective medication is brought to our attention, we look carefully at the design and chemicals to see if it is defective. When a medication causes injury due to its design, it is defective. We believe that if a pharmaceutical company is going to profit from the sale of its medications, then it should always bear the responsibility of the harm its drugs cause. 

Please call us if you believe you have suffered a blood clot due to Ortho Evra.  It costs nothing to speak with us nor to retain us to work on your case.  Rather, our fee is a percentage of what we recover on your behalf.  Additionally, we will pay all expenses along the way and they will be reimbursed out of the recovery.  If we for some reason do not recover, you do not have to pay any attorney's fees nor any of the case expenses.






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