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In September 2010, the FDA took a closer look at Actos, a drug that has been in production since 1999 in the United States.  The FDA determined that there is a link between Actos users and an increased risk of bladder cancer.  The risk appears to be higher in men than woman, although both genders are at risk according to recent scientific research.  Actos has many potential side effects, including stomach pain, rapid weight gain, pale skin, painful urination, nausea and a general feeling of sickness.  Actos is used to regulate blood sugar levels, primarily in patients with type II diabetes.

If you are taking Actos and experience serious side effects such as a painful urination, blood in urine, kidney pain, or other similar pains notify your treating doctor immediately.  Do not abruptly stop taking Actos unless directed by your physician.  If your physician makes a diagnosis of bladder cancer, contact a Actos injury lawyer immediately to protect your claim for compensation. 

Once you have been diagnosed with bladder cancer, it is important to take steps to protect a legal claim that you may have against Actos.  Claims for compensation in these prescription drug cases can include a settlement for medical expenses (past and future), pain and suffering (past and future), and wage loss associated with treatment.  Bladder cancer is serious and should be attacked immediately with medication and aggressive medical care.

An Actos lawsuit should be filed by an attorney who is experienced in product defect and product liability laws.  Because these drugs are sold nationwide, there will likely be claims from victims made nationwide as well.  Drug litigation can often times be consolidated into what is known as "multi-district litigation", or MDL.  When drug injury lawsuits are consolidated in MDL, the litigation process, especially discovery of documents and depositions, are streamlined into a more efficient means of dealing with each individual claim.

If you are an Actos taker and have been diagnosed with bladder cancer, you may have the right to an Actos bladder cancer settlement.  To learn more about the Actos lawsuits that are currently being filed across the country, call toll-free (866) 840-3636 for immediate help. 

The most common injury caused by a car accident is a neck pain.  Since rear-end car accidents top the list of vehicular impact types, the neck and spine are usually what is injured.  However a close second to spine trauma is injury to the knees.  Even when you are wearing a seatbelt, your knees can impact other parts of the interior of the car, causing deep bruising, or what physicians like to call "hematoma."  In addition to deep bruising and laceration, the soft-tissues of the knee can be strained and even torn.  Ligaments and meniscus of the knee can be damaged, requiring surgery.  Along with any other type of surgery, this can present certain dangers to the victim of the car crash.

The anatomy of the knee is fairly basic.  There is a lateral and medial meniscus that acts as a cushion between the bones of the knee.  The lateral and medial ligaments work like rubber bands on each side of the knee that connect the upper and lower leg bones and permit us to bend and stoop.  The patella, or knee cap, is front and center and can be broken if it hits the dashboard of an automobile during a collision.  The articular cartilage is just behind the knee cap and consists of the soft tissues that wrap around the front of the knee.  Our knees are not designed to take on the blunt force trauma caused in a car crash. 

Often times victims of a knee injury will report that the knee feels "weird" in the days following the collision.  Our lawyers have heard clients say that the knee felt bruised at the scene, but that they didn't think a whole lot about it.  Certainly it wasn't fractured, but something was definitely "off."  Clients often report the knee "giving out" after long walks or after standing for an extended period of time.  People who have injured their knee in a car accident need to have two types of diagnostic imaging done to determine what, if any, real damage was caused to the knee in the crash.  First, get an x-ray to determine if there are any fractures in the knee.  Second, get an MRI of the knee to find out where the soft-tissues (ligaments, meniscus, cartilage) of the knee has been damaged.  The structure itself may still be intact, but that doesn't mean you haven't sustained a serious knee injury.

If you believe you have injured your knees in a car accident or motorcycle accident, seek medical attention immediately and demand the diagnostic imaging we discussed earlier in this article.  Then contact a car accident knee lawyer to discuss how to handle your case against the at-fault party and their car insurance company.  Demanding a fair settlement for a knee injury is complex, especially when the claim is for a soft-tissue knee injury.  Those types of claims are aggressively defended by car insurance companies. 

Schultz Legal Group was founded by Stephen Schultz, and well-respected injury attorney with law offices in Missouri, Illinois, and Arkansas.  Schultz is an AV-Preeminent Rated attorney and member of several exclusive organizations that are reserved for the top 1% of trial lawyers in the country.  His law firm exclusively handles injury claims for persons injury in auto accidents are who are looking to obtain fair compensation and justice for their injuries.

 

Car accidents cause damage both to people and property.  The property can be repaired or replaced fairly simply.  However, damage to people, even if minor, can take a lifetime to heal.  Unfortunately many injuries caused in an automobile collision cause permanent, irreparable harm.  Certain types of impacts cause certain forms of injuries to the human body.  Even minor, slow impact collisions can cause serious damage to the soft-tissues of the body.  These cases, often referred to as MIST (minor impact soft tissue) cases, are fought hard by the nation's largest car insurance companies. 

Spine injury from a car accident is the most common form of damage caused to the body in a collision.  The soft tissues (discs) in the spine are not equipped to handle the jarring of a collision, even at low speeds.  Automotive safety technology has come a long way with absorbant crunch zones and bumpers, but spine injuries still occur in most accidents.  Trauma to the spine can result in herniated discs (a.k.a. "blown discs" or "slipped discs") that can require physical therapy, epidural steroid injection, and even surgery to repair.  In the event of a spine injury, it is best to get the right diagnostic imaging to determine the extent of the damage.  X-rays are commonly performed at the hospital, but without MRI (magnetic resonance imaging) the nature of a disc problem cannot be fully understood.

Car accident brain injury commonly results from head-on and broadside auto accidents.  A brain injury can occur without loss of consciousness.  Sometimes people refer to a "closed head injury" as one where the head is not visibly damaged, but there is brain damage of some sort.  A closed head injury can cause all kinds of cognitive issues, including problems with balance, memory, everyday functioning.  Brain damage needs to be diagnosed early and treated carefully by a specialist, usually a team of neurologists and neurosurgeons.

Other forms of catastrophic injury can result from almost any type of impact from a wreck.  Aside from traumatic brain injury (TBI), other serious injuries can cause degloving of the skin, loss of limbs, or shattering of bone.  Catastrophic injuries can require a lifetime of expensive medical care, including modifications to your home and nursing care.  Economic recovery for future medical care is tricky, since most courts will not permit compensation for speculative future damages.  It will take experienced legal representation to assist in obtaining this type of monetary compensation.

Obtaining compensation for all forms of injury caused by a car accident will be the job of your legal team.  Believe it or not, it will also be part of the job of your treating doctors, who will have to back you up when it comes time to filing an insurance claim or injury lawsuit.  Doctors must make a medical opinion as to whether the injuries you are claiming were caused, or contributed to be caused, by the auto accident.  This is a determination that some doctors are not comfortable making.  Make sure your treating physician is not scared of courtroom testimony.    

 

An early morning crash on Saturday left investigators looking at one of their own officers when they responded to a wrong-way collision on De Tonty Street in St. Louis, Mo.  27 year-old Officer Michael Schinner was charged with drunk driving and causing a DUI crash which involved another police officer.  Officer Darryl Monroe was returning from a call in his Chevy truck when a head-on impact ensued.  Monroe was transported to the hospital and received treatment to his lower extremities.  28 year-old Brian Cole was riding as a passenger in Schinner's Dodge and sustained serious trauma, including a brain injury.  The future prognosis of Mr. Cole is unknown at this time, as traumatic brain injury (TBI) can take months of treatment to fully understand the degree damage caused by the blunt force impact of an automobile collision.

Anytime a collision involves drunk driving, lawyers typically look to a 12-hour history of where the driver had consumed intoxicating liquors.  This may involve subpoena of receipts from restaurants and taverns, as well as recorded interviews of anyone in the company of the drunk driver for that time frame.  It is important, from a civil investigative standpoint, to determine whether or not a third-party entity, such as a bar, could possibly bear some type of legal accountability for the cause of the crash, especially when the injuries caused are severe.  Commonly referred to as "Missouri dram shop law", this is a particularly complex legal doctrine which assigns joint fault on the owner of a restaurant or bar that "knowingly served alcohol to a visibly intoxicated patron."  The burden of proof in dram shop cases is very high for the injury victim.  The key to success is an experienced St. Louis dram shop attorney and a vigorous independent investigation.

Dram shop claims are complex for several reasons.  Since the defendant is usually charged with crimes such as DUI and assault, he/she is wrapped up in an ongoing criminal investigation.  Throughout the course of pending criminal charges, a drunk driver can exercise a 5th amendment right to avoid self incrimination.  This means taking his/her deposition in a civil case is tricky because many of the relevant dram shop questions are met with silence.  A St. Louis dram shop car accident lawyer will need to figure out how to secure the critical evidence necessary in the beginning to protect the rights of the people injured in the crash, even if this means holding off on deposing the defendant driver in a civil claim for personal injury.

The legal blood alcohol (BAC) limit for a driver in Missouri is .08.  So can an attorney prove a dram shop claim based on BAC alone? Yes and no.  A jury may determine that a drunk driver's BAC was so high that any waiter or bartender should have known that the patron they were serving alcohol to was "visibly intoxicated" and "should have been cut off."  The best dram shop liability lawyers in St. Louis will hire top notch toxicologists to use as experts in a civil dram shop case against the drunk driver who caused the collision and bar(s) that over-served that driver.  After all, shouldn't bartenders and waitstaff exercise good judgment when serving intoxicating beverages to a customer? 

If you have been injured in a drunk driving crash in the St. Louis area, contact an experienced car crash lawyer who has successfully handled dram shop liability cases.  These case types are complex and require a specialized knowledge of pharmacology and history of dram shop caselaw in Missouri.  To learn more about Missouri dram shop liability and the evidence necessary to win a case like this, speak to a partner at Schultz Legal Group by calling (314) 448-0934 or toll-free (866) 840-3636.  Victims can also send a secure email to the firm's founding partners with legal questions.  

 

Illinois troopers were called to a major semi-truck crash that took place in Johnson County Illinois just before rush hour this morning.  Responders report that the collision occurred on Interstate 57 just south of the town of Goreville.   22 year-old Christopher Tracy was operating his light blue brand new Freightliner tractor-trailer southbound on I-57.  Tracy's truck collided with another semi-truck that was parked on the shoulder of the road.  Tracy, of the state of Missouri, did not report any personal injuries at the scene. 

64 year-old Patrick McDaniel was in his parked 2006 tractor-trailer on the shoulder when it was struck from behind.  The left rear corner of his truck sustained the majority of the impact, as Tracy's truck slammed into it, and then slid down a hill on the side of southbound I-57.  Tracy was issued a traffic ticket by Illinois State Police for improper lane usage.  Coincidentally, a conviction for improper lane usage is a "serious safety violation" according to the Federal Motor Carrier Safety Regulations.  Tracy will be required to disclose this conviction to his employer.  If he is an independent contractor or "owner operator", he is still required to disclose this violation in the annual driving record review as required by federal safety regulations.

Trucking accidents often involve two or three tractor-trailers and no passenger vehicles.  Drivers can still sustain serious injuries, although statistically, truck drivers are less likely to sustain the severity of injury often incurred by drivers/passengers of smaller vehicles.  Take for example this crash on I-57 which involved a high rate of speed and violent impact.  Both truck drivers refused medical attention at the scene.  That does not mean they are not seriously hurt however.  Most soft-tissue injuries, which can end up requiring surgery, do not manifest themselves for hours or days after a collision.

A tractor-trailer accident lawyer can provide victims of a commercial motor vehicle crash with helpful advice on how to file claims with an insurance company for property damage, personal injury, lost wages, and other harms caused by a collision.  Truck crash litigation can be complex, expensive, and time-consuming.  Because federal and state law both apply to these case types, many lawyers are not fully capable of providing the experienced legal representation necessary to ensure a favorable result.  As such, it is recommended that victims research the credentials of their lawyer or law firm to determine whether they have the specific knowledge necessary to win your case.

The Federal Motor Carrier Safety Administration has reviewed the data and heard the arguments on both sides of the fence.  On one hand, truckers claim that they live in their cabs and they must be permitted to use a cellphone to stay in contact with friends, family, and their employer during those 10+ hours of driving each day.  Safety experts, on the other hand, claim that truck drivers who use a cellphone present a clear and present danger to everyone else on the road.  Judging by the numbers, there is truth to their position.  Just in the past couple of years in Missouri, Illinois, and Arkansas, there have been reports of several fatal semi-truck accidents where law enforcement determined that a truck driver was using a cellphone just moments before the collision.  In Missouri alone, there were 21 fatal and 558 serious car accidents where cell phone use was a contributing factor to the crash.

So as early 2012, Federal Safety Regulations will ban cellphone use by truck drivers while they are on-duty, behind the wheel of a tractor-trailer.  And while there is no specific enforcement plan, the government has recommended that local police pull over semi-trucks and passenger buses where a driver is witnessed using his/her cellphone.  The Missouri Highway Patrol commented on the measure and indicated that it would pull commercial motor vehicle operators over if they are using a cellphone.  The fine for a truck driver or bus driver convicted of using a cellphone while driving include up to a $2,750 penalty for the driver and $11,000 penalty for the employer. 

The American Trucking Association actually supports the new trucking safety law.  However, a coalition representing independent operators does not.  All in all, this new regulation should be welcomed by anyone concerned with the safety of truck drivers, other motorists, and delivery of undamaged freight.  Many states have already introduced, or are considering, laws that ban cellphone for motorists.  Some states have made it illegal to use the text messaging feature on a cellphone.  Others have ban hand-held cellular devices all together unless the driver is using bluetooth, a headset, or some other form of wireless connectivity that permits the driver to keep both hands on the wheel and eyes on the road.

As a truck accident injury lawyer, one of the first things we do in complex semi-truck injury litigation is subpoena the cellphone carrier records of our client and the driver of the tractor-trailer to determine if cell phone use could have played a contributing factor in the collision.  Juries get upset with distracted drivers, largely because the resulting accident could have been preventable.  As an experienced truck accident attorney, it is not uncommon for us to claim punitive damages in a case involving distracted truck driving.  These collisions cause bad injuries and our attorneys represent each of these victims with special care.  It is important for all drivers, both truck and passenger care, to realize the danger posed by cell phone distraction.     

Two drivers and one passenger were taken by ambulance to local hospitals Monday afternoon after a crash at the intersection of US 50 and MO 58 in Johnson County.  35-year-old Amy Nichols was operating her vehicle west on US 50 with Bobbie Douglas, 16, riding as a passenger.  Allegedly 22-year-old Cassandra Wilson was also operating her vehicle on westbound US 50 when her vehicle crashed in to the passenger side of Nichols' vehicle.  Passenger Bobbie Douglas sustained a multitude of injuries from the impact, being seated at the point of impact. 

Both drivers Nichols and Wilson were also injured in the collision.  All three individuals required emergency transport to near hospitals. Missouri State Highway Patrol and the Johnson County Sheriff's office have documented that there is an ongoing investigation in to this crash, as well as pending criminal charges.  Details of reasoning behind this crash are currently unknown and any charges against Ms. Wilson have not yet been filed.  Our Missouri auto crash attorneys will be working with authorities to obtain additional information and piece together the evidence against Ms. Wilson.

Negligent and/or careless actions as a Missouri driver carries a high consequence in that you are responsible for all damages caused, including medical bills, loss of income or employment, emotional distress, and any projected future losses.  A Missouri car accident lawyer works with you - the victim - and document each and every way an unexpected auto accident affects you and your loved ones. 

No injury claim that is too big or too small for an experienced car accident lawyer or injury law firm.  Good lawyers pride ourselves on handling a variety of claims with a variety of clients and their stories. If you have been injured in an auto accident and are curious if legal assistance is right for you, do not hesitate to request a free consultation with an actual attorney.  Respected law firms such as Schultz & Myers provide 24/7 access to attorneys who, at the very least, are able to offer you accurate legal advice.  Don't wait until it's too late to seek advice or assistance.  Dealing with the insurance companies without legal representation is a risky game that you will lose.

The answer is simple, because it increases the bottom line.  For a perfect example, let's look at State Farm and its recent earning release.  In the year 2009, State Farm was able to increase its combined net worth an additional $4.8 billion to $58.1 billion.  Holy cow that's a lot of money!  The insurance giant noted the primary reason for the increase (improvement) were gains in its unaffiliated stock portfolio.  Really?  Isn't the stock market in a two-year slump?  Let's take a closer look at why insurance claims for personal injury are denied or minimized by adjusters.

Insurance companies generally survive off of their investments, typically in the form of annuities and stocks.  However, these investments are funded by insurance premiums collected from policyholders.  So what reduces the amount of funds available to populate insurance company's investments? Personal injury and property damage claims, plain and simple.  So you see, automobile insurance companies such as State Farm may attribute growth based on stock gains, but the bottom line is this:  denied claims and low-ball settlement offers are one, if not the primary, means of making an insurance carrier more "profitable."

As an injury lawyer in St. Louis, Mo, I face State Farm, and other large car insurance companies each day in my law practice.  The experience is never pleasant.  These insurance companies retain expensive defense lawyers and instruct them to drag out, delay, and potentially deny legitimate accident injury claims that result from car accidents, motorcycle accidents, slip and fall, and other incidents that involve negligence and legally-recognized harm. 

Remember when you are involved in a crash or other incident that results in an injury, that ultimately you will be dealing with an insurance company that has but one goal, to be as profitable as possible.  These companies have gone so far as to use claims computer software that completely removes the human element of reviewing an injury.  It's unfortunate because many claims involve horrific injuries or fatalities that require the empathy and sympathy of someone with a brain.  You only have one opportunity to receive fair and just payment for your injuries from that at-fault party's insurance company.  Contact an experienced accident injury lawyer and obtain free advice on the best approach in your specific case.
 

What lengths do think a large insurance company will go to in an effort to influence a judge?  What about a judge that would later hear the appeal of a verdict against that insurance company?  What about a verdict against that insurance company for $1 Billion?  As someone who fights with insurance companies each and every day, I was not suprised to come across this story.  In 2004, State Farm Insurance Company secretly contributed $2.4 - $4M to Judge Lloyd Karmeier in what was later discovered to be a calculated effort to influence the judge to reverse a $1 billion verdict against the insurance carrier. 

When the Court reviewed a potential for bias, State Farm told the court that they had only contributed $350,000 to Judge Karmeier's campaign, a clear misrepresentation of the truth.  In fact, they were several million short of what State Farm actually paid to the judge.  Not having a full picture of the total exchange of cash, the court ultimately held that there would not be any bias.  Well, that will likely change now that there is evidence of not only a material misrepresentation of fact, but one that has significant consequences. 

In light of this evidence, several attorneys have filed a class action lawsuit against State Farm Insurance Company, alleging amongst other things, fraud.  So what can we learn from this?  First of all, all the people that are advocates for 'tort reform', need to understand that the insurance companies should not be afforded any more protections than they already have.  Why limit what an injury victim can receive from an insurance company, when we continue to read stories about how insurance companies lie and obstruct justice.  From the claims practices of Allstate to this recent story involving State Farm, the list goes on and on.

As a personal injury attorney in St. Louis, Missouri, I vow to protect the rights of injury victims each day, both in and out of the courtroom.  Its a task I take seriously.  As an accident lawyer, I stand up against these insurance companies each day, companies that have billions of dollars in assets and who will go to any length to win, no matter if that involves lying and unethical conduct.  Its these kinds of stories that fuel me to continue that fight.

 

Two people are dead and six were hospitalized early Sunday morning as a result of a rear-end collision that happened on westbound 270 in St. Louis County.  20-year-old Patrick D. Walsh (St. Charles) was driving a Chevrolet Silverado pick-up truck on I-270 at approximately 1:00 AM Sunday when he collided with the rear of a Chevrolet Tahoe in front of him being driven by 36-year old Nicole Stanner (O'Fallon).  The impact of the large vehicles at a the high interstate level of speed caused the Tahoe to roll multiple times, eventually traveling off of the roadway.  As a St. Louis county car accident lawyer, this story will continue to unfold as the major crash investigation team reviews forensic evidence. 

Ms. Stanner had 6 passengers in her vehicle: Michael McLemore (37, O'Fallon), Kevin Leahy (48, St. Charles), Judy Hart (38, St. Charles), John Hart (37, St. Charles), Kenneth Frederick (38, St. Charles), and Steven Brueggen (38, Florissant).  Michael McLemore and Steven Brueggen were pronounced dead at the scene.  Nicole Stanner and passengers Kevin Leahy and Judy Hart were rushed to St. John's Hospital for their injuries; passengers John Hart and Kenneth Frederick were taken by ambulance to Depaul Hospital. At fault driver Patrick Walsh was taken to Christian Northwest Hospital by members of the Ferguson Police Department.  Walsh allegedly exhibited signs of intoxication at the crash scene and was subsequently arrested on multiple charges.

The current medical condition of the injured parties remains unknown, though a lengthy and difficult recovery can be expected for each individual involved.  Physical, mental, and emotional trauma will be a devastating effect on everyone involved.  The sheer negligence of Mr. Walsh caused the loss of 2 lives and overwhelming damage to the lives of countless others.  Mr. Walsh carelessly chose to consume alcohol and operate a motor vehicle.  In addition, Walsh took his vehicle to a busy interstate, traveled at a high rate of speed, and recklessly crashed in to the rear of another motorist in front of him.  He violated several of Missouri's driving laws in a matter of minutes.  The men and women that sustained injury as a result of Walsh's poor decisions are faced with physical, emotional, and economical damages to their previous lifestyle. 

The surviving family members and friends of the two fatalities are undoubtedly experiencing a great deal of emotion as a result of this crash. Experienced St. Louis attorneys have handled multi-situational motor vehicle crashes such as this in the past.  Vehicles carrying a number of occupants are most likely going to face a variety of injury and levels of medical treatment - both short and long term.  Regardless, all individuals involved are entitled to the same degree of compensation from an at-fault party. 

Our St. Louis injury and wrongful death attorneys are veterans at handling such claims to obtain the best possible outcome for everyone involved.  Take advantage of a free consultation option to speak with an accident injury lawyer regarding your case.  Asking your lawyer about his experience in handling complex injury cases is important, as well as obtaining answers to all of your questions and concerns.