The 43-year-old woman, from Lake Saint Louis, Missouri, is being sued by her ex-husband for the alleged wrongful death of the child.
]]> On the day of their child's death, the woman reported that she placed the boy face up at the foot of the bed before falling asleep there. When she awoke, she found the boy's lips had turned blue and that he had died. According to her, the boy was still face up when she discovered him.Her phone call to police came around 1:40 p.m., and approximately four hours later, a blood sample taken from the woman found that she had a blood alcohol content of 0.20. She allegedly said that she consumed three or four glasses of wine before going to bed.
A grand jury had previously declined to indict the woman on child endangerment charges, but that does not mean that she cannot still be held liable in the civil suit.
The lawsuit alleges that the mother placed the boy face down and unknowingly rolled on top of him, but these claims were not addressed during opening arguments.
According to the father's attorney, autopsy results uncovered the cause of death as accidental suffocation. In addition, blood pooling suggested that the child had been face down for as long as two hours after he died. The woman's attorney suggested that the blood pooled while the child was still in his mother's arms, which could mean that she didn't realize he was dead before she laid him down.
Source: St. Louis Post-Dispatch, "Lake Saint Louis woman sued in death of baby," Valerie Schremp Hahn, May 2, 2012
]]>According to reports, the teen was slowing to make a right turn on his scooter when he was hit from behind by a pickup truck. The truck fled the scene, leaving behind some paint chips and broken parts. Investigators from the Missouri State Highway Patrol discovered that the truck had dark blue metallic paint.
]]> The suspect's 1999 Chevrolet S-10 had a similar color, and an officer noted that upon his arrival, the truck was located in an area that hid its visibility from the road. Parts including the hood, bumper and grill had been removed from the vehicle and front-end damage was apparent.The truck was impounded, and evidence found at the scene of the crash implicated the vehicle. Authorities said the man originally denied any involvement and did not know how the damage had occurred. He later admitted to being the driver that fled the scene.
The man pled guilty to tampering with physical evidence. In court the man spoke of the 13 months he spent fighting in Iraq and that he is currently being treated for post-traumatic stress disorder. He expressed remorse for the accident, but that does not mean that he should escape punishment. His negligent conduct could also leave him exposed to a wrongful death lawsuit.
Source: Southeast Missourian, "Man sentenced for role in hit and run," Michelle Friedrich, Apr. 26, 2012
]]>Instead of resigning herself to her injuries, the girl pushed and graduated from high school on time, enrolled in college and created a daily rehabilitation routine for herself. She has been working on teaching herself to both type and write, and she recently passed her driver's test. A van has been modified that will allow her to drive without the assistance of others.
]]> Before her accident, she wanted to conduct stem cell research. After the accident, she realized that her life had become ripe for a social service career, allowing her to share her story and inspire others. Currently, she is working on an internship with an inpatient rehabilitation center.She regularly works with and speaks to amputees and stroke patients who are trying to recover from their injuries. She says that she understands the fears and concerns of these individuals and her experiences have allowed for this.
She will spend internship working on a patient assessment program that is designed to remind patients, caregivers and visitors that they are not their illness or injury. But in the meantime, people who suffer a spinal injury in a car accident face mountains of medical bills, and many cannot recover to the extent that this woman has.
Source: Penn Live, "Seton Hill student follows new career path after car crash," Apr. 18, 2012
]]>Experts believe that the denials issued by the FDA and the U.S. District Court will diminish the number of suits brought against companies for the undisclosed use of BPA. More than a dozen class-action suits were filed against manufacturers in 2008. Many plaintiffs in these cases have stated that they would not have purchased products -- such as baby bottles and sports bottles -- if the purported effects of BPA were well-known or indicated on the product.
]]> None of these suits have been successful so far. According to some legal experts, this lack of success may cause those who are considering the possibility of a suit to reconsider.In addition, the FDA's rejection of the Natural Resources Defense Council's 2008 petition for the ban of BPA from food-contact materials will likely have similar effects. The NRDC said that many scientific studies have shown that BPA is causing health defects in people. The FDA reported that the NRDC did not provide sufficient evidence to support this claim.
Experts still believe that manufacturers will eventually eliminate BPA, because of the efforts of consumer advocates. Several petitions, including four focusing on food additives and one filed by the American Chemistry Council in regards to baby bottles, are currently in front of the FDA. These have been filed on the premise that manufacturers have already or are in the process of finding an alternative to BPA in their products.
Petitioners can -- based on FDA regulations -- suggest that the FDA amend food-additive regulations if the petitioner can prove that the food additive in question is no longer being used in the previous manner.
Source: Bloomberg BNA, "Toxic Tort Lawsuits Seen as Less Likely In Wake of FDA Decision on Bisphenol A," Apr. 9, 2012
]]>Reports show that the woman died on Dec. 19, 2010 at the man's house in Huntleigh, Missouri, a suburb of St. Louis. According to authorities, her death was an accidental overdose of a painkiller. A high level of cocaine was also found in her blood.
]]> The 47-year-old man, who took over as CEO of Anheuser-Busch in 2006, lost his post when the well-known beer company was sold to InBev in 2008. The wrongful death suit, filed against him in Cape Girardeau, Missouri, by an attorney representing the deceased woman's son, has led to a potential settlement of $1.5 million.During the proceedings -- previously reported on by this blog -- the parents of the deceased mother wanted to join the wrongful death suit with their grandchild. The trial court denied this request last year, but the parents appealed the ruling. An appellate court found in favor of them, allowing them to intervene and seek damages of their own.
The man's legal team requested an opinion on the matter from the Missouri Supreme Court, but the court declined. This means that the parents will now be included in the proceedings, potentially giving them the ability to accept or reject the $1.5 million settlement offer.
The proceedings had been halted during the appeal process. The suit will now begin where it left off, but with two new plaintiffs involved. The parents have a legitimate complaint, since they will likely have to contribute to raising their grandchild.
Source: St. Louis Post-Dispatch, "Missouri Supreme Court won't review Busch wrongful death suit," Nicholas J.C. Pistor, April 3, 2012
]]>The civil suits suggest that the respiratory therapist at the time was purposefully injecting patients with insulin, succinylcholine and other drugs. According to an attorney with the former therapist, she denies the claims and was not aware of the suits until last month.
]]> According to the county coroner, each of the cases suggests succinylcholine poisoning as a cause of death. The drug is used as a potent muscle relaxant and anesthetic. In some cases, it is believed that the drug caused the immediate death of the patient. In others, it may have caused death weeks later. Each suit alleges that the therapist was knowingly administering enough succinylcholine to kill her patients.The families of the victims are looking to receive damages for the mental suffering and pain caused by a slow death. Court documents suggest that if the drug is not properly administered, it can cause a patient to slowly suffocate. According to a medical examiner not involved in the case, the drug can also cause a heart to quickly stop.
Though the Livingston County coroner believes that the deaths are homicides, no criminal charges have been filed. Another professional in the field of toxicology said that this sort of poisoning is nearly impossible to prove, because the drug breaks down into two chemicals that are found naturally in the body.
When people see a health care professional, they should not have to fear this kind of alleged negligence. The hospital where the woman worked should have done more to prevent the alleged acts, if they are true.
Source: News-Press, "Civil suits filed over 7 suspicious deaths," Jennifer Gordon and Kim Norvell, March 24, 2012
]]>According to statistics, motorcyclists are five times more likely to be injured in a crash. While this may seem like a major difference, they are also 25 times more likely to lose their life due to a collision. Despite the statistical differences, the number of motorcycles on the road has been steadily increasing over the past decade.
]]> Due to this, motorcycle safety should be of interest to both riders and drivers of all motor vehicles. Some may say that the safety of a motorcyclist is the sole responsibility of the person driving the motorcycle. Though much of a driver's safety depends solely on him or her, other drivers do play a large role the accidents that kill motorcyclists.According to data, almost half of all fatal crashes that involved a motorcycle in 2009 also involved another type of motor vehicle. This means that both car and truck drivers should be wary of bikers.
According to that information, 40 percent of the collisions with other vehicles occurred when a vehicle was turning left while a motorcycle was passing another vehicle or heading straight. Another 27 percent of those accidents happened while both vehicles were going straight.
This calls into question the visibility of motorcycles and if other drivers are paying attention. Drivers should know that if they hit a motorcyclist they could be held liable in a personal injury or a wrongful death lawsuit.
Source: NHTSA, "Traffic Safety Facts," Oct. 2011
]]>Students on the bus ranged from kindergarten to 12th grade. They were riding on a bus from the Valley R-6 School District in the afternoon when the crash occurred. According to the district superintendent, a student may have been distracting the driver when the accident happened. If that is the case, any parents looking to hold someone accountable for the accident may want to speak with the parents of that child.
]]> When the male driver attempted to correct the mistake, the bus overturned and trapped the students and driver inside. Reports indicate that a Missouri state trooper was traveling past the bus when he spotted the accident.According to authorities, none of the injuries were life-threatening. Two of the injured students were taken to Parkland Health Center in Farmington, Missouri, where their conditions are unknown.
Three others were taken by helicopter to St. Louis Children's Hospital and a spokesperson there stated that all three were in good condition, recovering from their injuries. The remaining six students who were injured were transported to Washington County Memorial Hospital in Potosi, Missouri, where the CEO of the hospital stated that the majority of them had received bruises, scrapes or broken bones.
The bus driver was not injured. Police have said that weather was not a factor in this crash, as it was a sunny day when the accident occurred.
Source: Boston Globe, "11 hospitalized after Missouri school bus wreck," Mar. 13, 2012
]]>The car accident occurred when the family was leaving the hospital and to show the baby to friends and relatives. They were on the final stretch of their trip with one stop before heading home to their new residence. Near Tuscumbia, Missouri, the family's vehicle collided nearly head-on with another car that crossed the center line on Highway 52.
]]> Just before the accident occurred, the family had seen the family of the father. They had just finished their visit to the workplace of the mother. In a sad twist, the driver of the other vehicle was a co-worker of the mother and was on her way to work.According to a director at the Miller County Care and Rehabilitation Center -- where the mother was employed -- the two knew each other.
The 19-year-old driver was in serious condition several days after the crash.
According to authorities, both parents died at the scene. Their 3-year-old son also died after being transported to a nearby hospital. The newborn -- after being thrown from the vehicle -- survived with only a few scratches.
The young boy has been placed under the guardianship of his maternal grandmother, whom the family was on their way to visit at the time of the wreck. That family will now have the option of proceeding with a wrongful death lawsuit if they want to. It could help cover medical and funeral expenses, along with making sure the newborn doesn't grow up in poverty and he has the help he needs.
Source: KMOV, "Newborn baby only survivor of Missouri car accident," Mar. 2, 2012
]]>One of the toughest injuries to deal with is a spinal cord injury. People who have experienced them have become paralyzed after receiving the injury, and many of those injured individuals never return to their former conditions.
]]> A cure for serious spinal cord injuries has not yet been found, and the success of rehabilitation has been questioned for years, which has led to some doctors allowing their patients to stop working on their rehabilitation.This is a harsh reality that some have to deal with on a daily basis. It may seem hopeless, but many victims are still holding strong. One spinal cord injury victim, despite being unable to move his legs, is still working hard to keep his body in shape.
Every week, he is suspended from a harness attached to a ceiling at his rehab center. Four therapists assist the 23-year-old man in making his legs run, even though he has no control over them. Two therapists move his legs while another ensures that the man has his balance. The fourth therapist operates the machine.
This weekly exercise keeps his legs fit and helps his body fight infections. On top of this, the exercise -- and others like it -- keeps his body ready in case of a new treatment.
According to some, new breakthroughs in science are leading doctors toward increasing the amount of rehabilitation that patients perform, so they can be ready in case the medical field finds something new. Patients who are fit are more likely to be selected for experimental trials.
And for those who have received a spinal injury through no fault of their own, often times holding the negligent party responsible in civil court could help finance more rehabilitation or new treatment.
Source: Star Tribune, "No cure for spine injuries - but hope," Jeremy Olson, Feb. 27, 2012
]]>The plaintiff is requesting a jury trial and is requesting more than $15,000 in damages.
]]> Two people -- including the woman's husband -- were inside the 38-foot catamaran when it overturned on the first turn of the final lap of the second race. The event, known as the Super Boat World Championship, was scheduled to have three races.The owner of the boat used an escape hatch on the bottom of the boat to escape. The plaintiff's husband was unable to remove himself from his seat, so he began using an emergency air tank to wait for a rescue crew.
According to reports, certified rescue divers were hovering over the scene of the accident in helicopters, waiting to be deployed by event officials. Instead, the event producer allowed two volunteers to be first-responders.
The suit alleges that this was a money-saving move that cost the man his life.
The two Missouri racers died during the first race. Both men drowned when their boat flipped. The plaintiff's attorney said that he believes someone should be put in jail for the amount of negligence it takes to lose lives early on in the event and not make changes to the rescue system to avoid a similar situation from happening again. So far, no criminal charges have been filed. So far no lawsuit has been filed on behalf of the Missouri men, but one could be coming.
Source: Miami Herald, "Widow files suit over powerboat racer's death in Key West race," Susan Cocking, Feb. 20, 2012
]]>The 47-year-old man, who lived and work in another state, died on May 1, 2008. He was off duty at the time, riding his new Harley-Davidson motorcycle south on a major road. A county-issued Ford Ranger suddenly turned into the path of the man and the two vehicles collided. The county employee driving the vehicle told witnesses that he did not see the motorcycle.
]]> Though she knew that no amount of money would bring her husband back to life, the man's widow filed a wrongful death suit against the county. The family offered to settle for $2 million: the maximum amount that the county's insurance could cover. Instead, the county decided to take the case to trial.Attorneys for the woman and her three children asked for $5.1 million. But the jury awarded the family $7 million, which surprised both sides. Lost wages totaled $1 million of the award. Another $1.5 million was awarded directly to the wife, and $1.75 million was awarded to each of the three sons.
Totaling $7.85 million, the award was stripped of 10 percent of the sum because the jury believed the deceased held 10 percent of the responsibility for his death because he was not wearing a helmet. But the jury's overall ruling was clear that the man would not have died had the truck driver seen him. Even if there is no criminal conviction, a wrongful death suit can extract a measure of justice from liable parties.
Source: Tampa Bay Online, "Officer's widow relived nightmare in wrongful death trial," Laura Kinsler, Feb. 14, 2012
]]>This leaves many American companies using these components vulnerable to product liability suits. Some may remember the recall of certain toys due to the use of lead-based paint during the manufacturing of the products. Any harm done by those products may have been on the American companies distributing them if they did not have insurance that covered the possibility of such an occurrence.
]]> Many companies are getting this insurance now to prevent any serious losses stemming from lawsuits. If the outsourced supplier is not similarly insured, some American distributors and manufacturers are deciding to turn down any offers made by the foreign company.In the past, this was not the case. Companies would hope that the foreign supplier was insured so that it would not have to eat the cost if something went wrong. Now, things are beginning to change.
On top of this, many organizations have begun using risk management policies and global consulting firms to ensure that these policies are obeyed. Translators and product specialists travel between countries to keep tabs on the components being made. Well-known companies, such as Honeywell International Inc. have adopted these procedures.
But it's important for victims of faulty products to know that any suits brought against companies will still have grounds if the company is found liable. The insurance protects a company against losses, but it does not prevent a consumer from bringing a lawsuit against a negligent manufacturer.
Source: Business Insurance, "U.S. manufacturers step up efforts to manage Chinese supplier risks," Louise Kertesz, Feb. 5, 2012
]]>As the man was headed west on Clayton Road around 7:40 p.m., he crossed into oncoming traffic and allegedly struck the vehicle of a 70-year-old woman. The woman -- who had a doctorate in psychology -- lost her life due to injuries she sustained in the accident.
]]> After colliding with the woman and her Volvo, the man continued driving in his GMC Envoy. It stalled out after several hundred yards, and he allegedly abandoned it. His vehicle was discovered west of the crash site.Investigators had made the connection between the vehicle and the man rather quickly and were in contact with his family a day later, hoping to convince the man to speak with the authorities. He has been charged with leaving the scene of a motor vehicle accident.
Normally, this charge would be a misdemeanor, but since someone was injured in the crash it is considered a Class D felony. The man is being held at the St. Louis County Jail with $15,000 bail. Though he was arrested on suspicion of involuntary manslaughter, he has not been charged with it.
The 70-year-old woman is survived by her husband, two sons and seven grandchildren, who no doubt are wondering what could have caused the accident. The least that a driver could do when they cause an accident is stay on the scene and attempt to provide help in whatever manner possible.
Source: STL Today, "Man charged with leaving scene of fatal crash," Kim Bell, Jan. 30, 2012
]]>According to officials from the Missouri Department of Transportation and law enforcement agencies from St. Louis, it seemed as though a car accident had occurred on every road in the area because of slick conditions. Luckily no serious injuries were reported.
]]> The majority of accidents occurred between the hours of 5 p.m. and 7 p.m., when many motorists were heading home for the weekend. Portions of at least two major highways, Interstates 55 and 70, were closed at one point.I-55 was closed on the northbound side between Gasconade Street and Arsenal Street after a multi-vehicle crash left several drivers with minor injuries. The eastbound lanes of I-70 were completely shut down so authorities could investigate a crash that occurred there.
To add to the mess, law enforcement agents were struggling to get to accident scenes. One police cruiser found its rear end in the Mississippi River after sliding more than 200 feet. No injuries were reported in this incident but a tow truck was needed to remove the vehicle.
According to the Missouri State Highway Patrol, reports were constantly coming in that night. A dispatcher with the agency said that almost any road that could be named had an accident happen on it.
As stated above, when there is ice or snow accumulating on the road, drivers need to slow down. It's not enough to assume that everyone else will get out of the way. If someone causes an accident because they were driving too dangerously for the conditions, they could be held liable in a civil lawsuit.
Source: St. Louis Post-Dispatch, "Freezing rain makes for treacherous roads in St. Louis region," Jan. 21, 2012
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