St. Louis Personal Injury Attorney & Workers Compensation Lawyer
 

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FDA Recalls Iodine Wipes Due to Infectious Organism Found in Product

A manufacturer of medical products recalled iodine wipes due to the Federal Drug Administration's concerns that the medication has been infected with an organism called Elizabethkingia meningoseptica, according to the website Examiner.com. The bacterium has caused many very serious infections in humans, which includes pneumonia in patients with respiratory problems, meningitis in infants, and a disease commonly referred to as the flesh-eating disease.

 

The wipes, which are used to prepare for surgery and to help prevent infections in cuts and burns, are packaged under the names Medical Specialties, Cardinal Health, Triad Plus, North Safety, Triad, VHA, and Total Resources. The recall was issued after one nonlife-threatening skin infection was reported after use.

 

Before the recall of the iodine pads in February, executives with the medical products manufacturer notified its customers, employees, and vendors that they were no longer producing lubricating jelly or alcohol wipes, which was also contaminated. Currently, there is an investigation by the FDA and many pending lawsuits against the company due to the defective product. One of the lawsuit claimants is a couple whose two-year-old child died after surgery from bacterial meningitis.

 

Manufacturers have a responsibility to make sure their products are safe for consumers. If a defective product injures you, the manufacturer of the product should be held liable. If you or a loved one has been injured by a recalled medication or product in Missouri, contact our experienced product liability attorneys at 800-956-2487. You and your family may be entitled to compensation as a result of the harmful product.

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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 product liability cases that result in personal injury or death throughout the United States. If you have been hurt or have lost a loved one due to the negligence of a drug company, please contact a product liability 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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Paxil and Other Medication Blamed for Threatening Behavior

An attorney for a man accused of threatening conduct has stated that his client was under the influence of a Klonopin, Paxil, and alcohol cocktail. Nathan Jackson Fuller Jr. lied to police after he crashed his car and threatening to go on a killing spree across the state of West Virginia. Fuller's attorney stated that he hoped that the charges would be dropped once he proves his client's statements to police held no truth. Fuller made the decision to waive his right to a preliminary hearing on May 16 in a Marion County Magistrate Court. John David Moore, Fuller's alleged accomplice, has been listed as a codefendant in the case. The magistrate believes there is probably cause to try a case against Moore however Moore's attorney insists his client's innocence.

 

Both men have been charged with conspiracy to commit robbery and conspiracy to commit murder. After Fuller collided his car on May 3 in Rivesville, injuring Moore, Fuller allegedly began stating oddities to the arresting officer as he was being arrested for driving under the influence. It was at that time Fuller confessed he was planning to go on a killing spree.

 

Allegedly Fuller began citing his plans on "going through West Virginia and killing people at random, stopping at a rest area, locating a few girls, and cutting them, stealing their wallets, and then stealing their vehicle, and continue that process, flipping cars." Fuller also stated he had been looking for someone to murder on High Street in Morgantown and killing someone at Penn State University earlier that day, but had not found the chance to do so. Fuller claimed he and Moore met up in Morgantown.

 

According to Fuller's attorney, his client was taking Paxil and Klonopin. Paxil is an antidepressant, which has been linked to suicidal and aggressive behaviors. Klonopin is prescribed to relieve panic attacks and treat seizures. Moore's attorney claims that his client never had the intention of killing anyone or helping Fuller on his spree. Fuller tried to reduce his bail amount but was denied and was returned to the North Central Regional Jail after his preliminary hearing.

 

A healthy lifestyle has been proven to alleviate depression, but it does not always relieve major depression. Many people have been prescribed Paxil, but have suffered severe side effects such as Fuller. Injuries from a prescription drug can be complicated, which is why victims should work with an experienced Missouri product liability attorney. To speak to an attorney right away, call 888.956.2487 and let us help you fight.

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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 product liability cases that result in personal injury or death throughout the United States. If you have been hurt or have lost a loved one due to the negligence of a drug company, please contact a product liability 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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Popular Antibiotic Levaquin Linked to Tendon Ruptures

The popular antibiotic, Levaquin, was once at the top of the game, but many people wonder if the addition of generic versions of the drug combined with the several lawsuits may be the end of Johnson & Johnson's profit and domination of the antibiotic market. In 2006, Johnson & Johnson surpassed $1.4 billion in annual sales of Levaquin in America alone. For a long time, the drug was the most prescribed antibiotic on the market and sales increased by 1.7 percent in 2007 as news of possible tendon ruptures associated with drug. By 2009, sales of the popular antibiotic dropped by 6 percent, but that was just the beginning of the downfall. Competing antibiotics along with the side effects helped cause the major drop in sales for Johnson & Johnson.

 

The negative attention on Johnson & Johnson and their popular drug will continue through 2011 when most of the lawsuits against the company will end up in the courtroom near the end of the year. Unfortunately that is not the only problem Johnson & Johnson is face with when it comes to the drug Levaquin. In June, the patent on Levaquin will expire and many of the generic versions will be released to the public. The Food and Drug Administration approved a generic version of Levaquin made available by Hi-Tech Pharmacal Co. Inc. The generic versions are expected to take an even bigger cut out of Johnson & Johnson's profits.

 

The trials against Johnson & Johnson and Levaquin are set to being this summer. One plaintiff, John Schedin, has already received a verdict in the amount of $1.8 million for punitive damages. Schedin suffered two torn Achillies tendons after taking Levaquin and that was the basis of his claim. In early 2009, the Food and Drug Administration issued a black box warning involving the risk of ruptured tendons. But for many patients that have suffered from tendon ruptures, the warning didn't come soon enough.

 

In product liability cases, experienced Missouri attorneys work tirelessly to make sure that their clients receive compensation for their injuries. Injuries from a prescription medication can be devastating to any family, which is why product liability victims should seek the guidance of an experienced Missouri product liability attorney. To speak to an attorney right away, call 888.956.2487 and let one of our experienced attorneys help fight for you.

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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 product liability cases that result in personal injury or death throughout the United States. If you have been hurt or have lost a loved one due to the negligence of a drug company, please contact a product liability 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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New Labels Ordered by FDA to Clear up Dosage Confusion for Morphine Sulfate

As a product liability attorney in the Midwest, I was unhappy to see the reports of death and serious illness of a prescription painkiller.  MedPage Today reported on January 11, 2011 that the Food and Drug Administration has ordered new labels for a popular oral morphine sulfate medication marketed by Roxane Laboratories. The medicine was marked at 100 mg/ml, which apparently confused some patients prescribed the medication. The confusion led to a several drug overdoses as many as 20 times the amount recommended and caused deaths and serious illness according to the FDA. The 100 mg/ml dosage of the drug may also have been perceived as a less concentrated version, which lead to the overdoses. The agency has commissioned a new label to distinguish morphine sulfate 100 mg/ml as less powerful version of the drug. It comes with a syringe that gives the right dosage making it easier to use.

 

Morphine has been sold many times in the 20th century, but the preparation of morphine sulfate sold by Roxana wasn't approved by the Food and Drug Administration in 2010 because the manufacturers never applied for FDA approval. The approval was important because morphine is a potent painkiller with a high potential for abuse and overdose. At high doses, morphine can cause respiratory problems that lead to death or brain damage. The dose of 100 mg/ml morphine sulfate solution that required the label change is already a high dose. The drug is for people who are known to have a tolerance to opioid and need a higher dose and for those receiving care from a hospice provider. The old label that has made the issue worse by giving the dosage in mg/ml, although the doses are ordered in mg. Consequently, those unfamiliar with the drug dosages given in ml increases the drug's already considerable power.

 

As a product liability attorney in the Midwest, I am pleased that the FDA is taking these steps. Most Americans do not use the metric system, so it is not surprising that some users were confused by the instructions of the doses of morphine. If you or someone in your family was injured by a prescription drug with defects or labeling error, call 888.945.2487 for a free consultation with an experienced product liability attorney.

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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 product liability cases that result in personal injury or death throughout the United States. If you have been hurt or have lost a loved one due to the negligence of a drug company, please contact a product liability 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 Inmate Denied HIV Medication, Files Personal Injury Lawsuit

As a personal injury attorney in Missouri, I was surprised to read that an inmate in St. Louis has filed a personal injury lawsuit because he was denied his HIV medication. On Thursday, November 18, 2010, the American Civil Liberties Union (ACLU) of Eastern Missouri filed suit. The lawsuit states that the Plaintiff, John Doe, was deprived of his right to receive medication needed to treat HIV at the Justice Center in downtown St. Louis and the medium security institution on Hall Street. The ACLU contends that the Plaintiff was denied medication for 17 days and received only sporadic attention later.

 

The lawsuit names the city of St. Louis and the Correctional Medical Services as the Defendant. Also named as Defendants in the lawsuit are the director of the prison, Eugene Stubblefield, and two doctors Brenda Singer and Susan Mallard. Deputy City Counselor Nancy Kistier responded to the lawsuit saying, "contrary to the claims of the ACLU, the records of the inmate in question reflect that he received adequate medical care consistent with his constitutional rights."

 

The Plaintiff was detained in March of 2010 and released in mid-November. The lawsuit claims that the Plaintiff had been treated by his physician before his detention but was deprived of treatment once detained even though officials knew his condition. The Defendant's physician faxed his medical information, medication list, and dosage of medication before the Defendant was incarcerated. The Defendant claims that received no medication for the first 11 days of incarceration and only received Tylenol. After 17 days behind bars, the Defendant still had no treatment for his illness. Once he did receive treatment, it was sporadic, which posed serious risks to his health. A test is being ran on the Defendant to decide his current health status.

 

Currently, there are two wrongful death lawsuits in progress against the City of St. Louis for not providing adequate care. When you are injured due to the negligence of another, it can be life altering. When you are forced to recover from injuries or illness, the last thing you want to worry about is a lawsuit. However, in order to receive the compensation you deserve, you need an experienced personal injury attorney on your side. Call 888.956.2487 to speak to an experienced Missouri personal injury attorney and get your life back on track.

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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 claims 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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Reglan Side Effects Hard to See in Children

According to an extensive amount of evidence, the side effects of Reglan in children are harder to detect. The side effects of the drug are also more severe than they are in adults who take the medication. Reglan, a popular gastroesophageal reflux disease treatment, is meant to be used for the short term. The drug, which should not be used longer than 12 weeks, is often prescribed for much longer. The medication is often prescribed to children and toddlers who have not responded to other treatments of GERD. The major downside to taking Reglan is the many side effects.

One of the most severe side effects of the medication is tardive dyskinesia, which has no cure or known treatment. Tardive dyskinesia causes patients to have involuntary spasms of the lower limbs and facial ticks. These symptoms are hard to detect in young children because of their development stages. There are symptoms that parents should watch out for if his or her child is taking Reglan. These symptoms include:

  • Agitation
  • Diarrhea
  • Confusion
  • Drowsiness
  • Dizziness
  • Fast heartbeat
  • Headache
  • Fever
  • Rigid muscles
  • Increased sweating
  • Trouble sleeping
  • Tiredness

Because the symptoms of TD are unrecognized in children, many children are not diagnosed with the condition quickly enough; mostly due to the fact that parents do not know what to look for. Because of the onset of tardive dyskinesia in children, thousands have filed lawsuits against Reglan claiming they were not properly warned of the serious side effect that his or her child could be affected by. TD is a disorder that goes misdiagnosed just like Parkinson's Disease because the symptoms of the diseases are similar. It is advised by many product liability attorneys that if your child is diagnosed with Parkinson's Disease after taking Reglan to seek a second opinion.

The Food and drug administration regulates pharmaceutical companies to protect the public, but drug companies also have to answer to their customers when their drug is harmful. Patients that have been injured by a prescription medication that is falsely represented on the label can file a lawsuit against the pharmaceutical company. Our experienced Missouri product liability attorneys fight the drug companies for our clients because they should not have to suffer for the drug company's negligence. Call 888.956.2487 for a free consultation to discuss your Missouri product liability claim, and we will fight on your behalf to make sure the drug company is held responsible.

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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 product liability cases that result in personal injury or death throughout the United States. If you have been hurt or have lost a loved one due to the negligence of a drug company, please contact a product liability 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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Answer - Do I Have To Pay Back My Health Insurer From My Settlement

When you need to hire a Missouri personal injury attorney after an accident, it can create a lot of stress. Once a client has had a chance to sit down with an attorney and has a chance to ask questions, they begin to feel more comfortable. One of the questions I receive during many consultations is can the client's health insurer demand repayment for the medical expenses.

Health insurers often try to collect money for repayment after a settlement or verdict.  They even cite to provisions in the health insurance contract.  But in Missouri, these provisions are often invalid.  As a Missouri personal injury lawyer, I run into an issue like this every once in a while. A medical insurance company will try to claim a lien against a personal injury victim's settlement to recover for medical expenses paid by the company. According to Missouri law, in a personal injury case it is against public policy for a health insurer to claim a lien against an injury judgment.

It can be challenging to understand every Missouri law regarding personal injury, which is why an experienced personal injury attorney is important to an injured victim. Hiring an attorney will maximize your chances of receiving full compensation for any injuries sustained in an accident. If you've been injured in a slip & fall, motor vehicle accident, or an accident caused by negligence, don't be afraid to speak to an attorney. Our experienced Missouri personal injury attorneys see how frustrating it can be for our clients, so we make sure to explain everything to the client to make them more comfortable. Call 888.956.2487 for a free consultation to discuss your personal injury claim. Come prepared with all your questions and we'll help answer them.

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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 claims 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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Answer - How Much Does A Personal Injury Attorney Cost

As a Missouri personal injury attorney, I have many potential clients ask me "how much does a personal injury lawyer cost?" Personal injury attorneys typically take on cases with a contingency fee agreement. This type of agreement allows an attorney to pay all the costs required to research the injury, speak to professionals, and file the personal injury claim. Instead of having the client pay thousands of dollars up-front, the attorney advances the costs of the case and gets paid when a settlement is reached.

In Missouri, personal injury attorneys will charge anywhere from 33.3% to 40% in attorneys fees for personal injury claims. It is important to realize when hiring an attorney that he or she will only collect attorney's fees if you receive a settlement. The attorney assumes all the financial risk of a personal injury claim, which motivates them to work hard to win your case. If your attorney is not returning calls or you feel he or she is not handling your personal injury claim appropriately, you have the right by Missouri law to terminate your attorney. If you do terminate your attorney, he or she may put an attorneys' lien on your case for reimbursement for the hours and money spent on your case up to termination. A judge will have the final approval of the amount the attorney is allowed to charge a former client.

You only get one shot at collecting for your personal injury lawsuit. Many people hire the first Missouri injury lawyer that they speak to and end up unhappy with their services after it is too late. You and your attorney will spend a lot of time speaking during the course of a personal injury lawsuit, so it is important that you feel comfortable and know that he or she has your best interest in mind. Once you see how hard your attorney works on your personal injury claim, you'll understand why it is worth 33.3% for them to fight for you. Our Missouri personal injury attorneys work hard for their clients and will work hard for you. Call 888.956.2487 for a free consultation with one of our experienced personal injury attorneys today.

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 claims 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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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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We've Launched Our New Missouri Car Accident Blog

I'm proud to say that we've recently launched our new Missouri Car Accident Attorney site.  The blog will be updated regularly and will focus on auto injury law and car wrecks throughout the State of Missouri.  Additionally, we are continuously posting useful information for those who have been injured in a wreck. Finally, the site will also feature our soon-to-be released new book: The 7 Biggest Mistakes That Will Destroy Your Car Wreck Case.





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IF ST. LOUIS COUNTY IS A JUDICIAL HELLHOLE, IT'S NEWS TO THIS ST. LOUIS ACCIDENT ATTORNEY

Every year, the American Tort Reform Association releases its report on "judicial hellholes".  I'm not extremely familiar with the organization.  Obviously, it's agenda is pro-insurance company, anti-justice for injured persons.  Beyond that, I'd be interested in knowing the makeup of its membership.  I'm sure its heavily funded by business and insurance company interests.  In any event, I read about the 2008 edition of its Judicial Hellhole report on Eric Turkewitz's New York Personal Injury Law Blog.  Specifically, you can read his article at New York Personal Injury Law Blog: The Bubbe Maisse Report (aka "Judicial Hellholes").  I highly recommend you check out his blog and this article.  It's very entertaining and informative. 

The reports definition of a "judicial hellhole" is quite interesting.  Apparently, they "are places where judges systematically apply laws and court procedures in an inequitable manner, generally against defendants in civil lawsuits."  In reality, I guess, this refers to counties where jurors are still not afraid to return verdicts for the injured.  But what really caught my eye was the inclusion of St. Louis County.  What?!?!  Any St. Louis Personal Injury Lawyer experienced in trying cases in St. Louis County knows how tough it is out there.  The jury pool is a very conservative, hard-working group that definitely buys into the tort-reform propaganda.  In fact, from the last statistics I've seen, I believe more than 90% of medical malpractice cases result in defense verdicts.  And straight-forward car accident cases are not much better.  I recently tried a car wreck case in St. Louis County.  During jury selection, I was nearly knocked over by the rush of wind caused by all the hands flying into the air when I asked which jurors had problems with the personal injury lawsuits.  In the end, the verdict was only $25,000.  Normally, this would seem especially low given my client's medical bills were in excess of $50,000.  But, it probably was a good result.  Even the defense attorney refused to offer more than $10,000 because they know how tough St. Louis County jurors are. 

The fact is, the inclusion of St. Louis County as a judicial hellhole cause ATRA's list of "judicial hellholes" to lose all credibility.  Rather, it illustrates to anyone familiar with the St. Louis County legal scene that this organization is nothing more than an insurance-backed group looking to eradicate all liability. 



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St. Louis, Missouri Personal Injury Lawyers - The Proposed Expert Witness Rule Is Withdrawn

On December 10, 2008, the Missouri Supreme Court issued a short order vacating its previously announced changes to Rule 56.01(b)(4) which pertained to discovery of experts.  On June 23, 2008, the Supreme Court adopted new changes to the rule which, among other things, required retained experts to provide a list of every case in which they have testified in the past.  The new rule was an ourtrage to many Missouri Personal Injury Lawyers who were afraid the rule would effectively prevent many experts from agreeing to testify.  This concern was especially directed towards doctors.  Many doctors already refuse to testify in federal court cases which has a similar rule in place.  They state that it is too hard for them to keep track of all of this information and as such, would rather not get involved.  This creates a special hardship for injured persons as they are the ones who are required to prove the injury.  It goes without saying then, if we can't get a good reputable doctor to testify, the case is shut down before we ever get started. 

I do not know how or why this rule came about.  Some have indicated they believe it was pushed through by the defense bar solely to further stifle Plaintiff's cases.  Whatever the truth is, we should all be thankful that the Missouri Supreme Court was willing to take a second look at the rule and ultimately reject it. 

A copy of the new order can be found in our St. Louis Personal Injury Attorney Library






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