Missouri Injury Attorneys Blog

Tractor Trailer Head-On Collision

According to a report in the Kansas City Star, a semi collided with a car on Missouri 210 last night. The northern Kansas City crash occurred around 11:15 p.m. near Northeast Kimbrall Drive. The driver of the car suffered potentially life-threatening injuries, and had to be freed from the vehicle, according to dispatchers. Dispatchers also said that one driver crossed the highway's median, causing the head-on collision.
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A 30-car pileup on Saturday, January 16, left more than 30 injured and one 3-year-old child dead.

The crash occurred south of Kansas City on I-35. Bystanders said that the roads were incredibly slick, and that thick fog had made driving conditions difficult. Johnson County Med-Act ambulances sent five units to help assist with treating and transporting those injured in the crash. At least two-dozen people with less-serious injuries were transported to area hospitals on a bus. Eight suffered serious injuries, four of whom were transported to the University of Kansas Medical Center.
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Wednesday, January 20, a car crash resulting from a driver failing to yield turned into a four car pile-up leaving four injured.

Joshua Schipper was driving a 2005 Dodge Ram eastbound on Route E in north-western Missouri. He attempted to turn left across the westbound lane, but failed to yield to an oncoming second vehicle. The second vehicle, driven by Lesley Amschler, hit the right side of Schipper's vehicle. Amschler was driving a 2003 Chevrolet Tahoe.

The initial crash between Schipper and Amschler spun Amschler's vehicle causing it to strike a third vehicle head on. The third vehicle was a 2001 Toyota Corolla, driven by Alyssa Montalbano. Montalbano's vehicle was pushed backwards into a fourth vehicle, a 1998 Ford Mustang, driven by Larry Brownlee.

Amschler, as well as Alyssa and Laura Montalbano were taken by ambulance to St. Joseph's west. Alyssa and Laura both sustained serious injuries in the accident. Salvatore Montalbano was taken by ambulance to St. John's Hospital. He and Amschler both sustained moderate injuries.

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Continue reading "Hannibal, Missouri Four Car Pile-Up Leaves Four Injured" »

Attorney A.W. Smith received a settlement agreement of $200,000 in September 2009 for a slip and fall case in a major retail department store.

*The names of the Plaintiff and Defendant in this case are confidential.

On April 7, 2007 the Plaintiff slipped and fell in the cosmetics section of a major retail store on a loose eye pencil. The pencils had been kept in an open display case. The fall led to a fractured hip, which required surgery. Following the surgery, the hip became infected. About one year later, the Plaintiff endured another surgery to replace the entire hip.

Due to these surgeries, along with doctor visits and other medical expenses, lost wages totaled $75,000 in medical bills, lost wages, and pain and suffering. Originally, the store made no offers, and showed no signs of settling. Employees testified that the pencils weren't there when the Plaintiff slipped, or that she didn't slip on the pencils, and rather her own shoes.

However, the settlement offer went up to $200,000 from the Plaintiff's request when Attorney A.W. Smith revealed who his experts would be: a former store manager and a professional engineer who would testify to the lack of safety of the location of the eye pencils.

Continue reading "Missouri Slip and Fall Case Leads to $200,000 Settlement" »

Today is an important day for the healthcare industry, victims of medical malpractice, and their attorneys in Missouri. The Missouri Supreme Court will be hearing arguments in a case filed by Mary and James Klotz of Arnold, Missouri which seeks to overturn a law that caps non-economic damages in medical malpractice law suits.

If the courts overturn the law, it will definitely stir up things up down at the capital. The courtroom is expected to be completely full today, as everyone from Missouri medical schools, to the Chamber of Commerce has submitted briefs expressing their opinions on the matter to the court. The court will hear arguments today and rule at a later date.

The suit is a product of Dewayne and Suzanne Blankenship's $6 million verdict in a wrongful death suit for the medical malpractice suit filed on behalf of their son, Dylan. Dylan died at 6 months old after not being treated for a blood infection called meningococcemia. The infection can be treated with antibiotics, but the doctors did not administer antibiotics, or even intravenous fluids.

Although they received the $6,000,000 verdict, the Blankenships will never see beyond $350,000 for pain and suffering given the current law. James Klotz was also awarded more than the limits when his pacemaker became infected. Both parties have attested that they want to see things changed. Many think the law is unfair because the cap causes cases to be 'pre-judged' before they even going to trial.

The 2005 law, which was part of Governor Blunt's efforts to lower costs in medical malpractice law suits, sets the limit a malpractice victim can be awarded for pain and suffering at $350,000. Blunt argued that the high costs of medical malpractice suits, and thus the risk of practicing medicine in Missouri, were running doctors out of the state. Missouri medical malpractice attorneys and victims, however, say that the law discriminates primarily against poor victims of medical malpractice, and that there were other causes of high medical malpractice insurance back in 2005 when the law was written.

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Continue reading "Missouri Supreme Court Considers Change of Medical Malpractice Law" »

On January 7, a driver who was trying to pass a car on a curve died in a head-on auto crash.

Jeremiah Nolting, 18, of Union, Missouri was driving west on Highway 50 Sunday evening around 7:30 when the Missouri auto crash happened. Nolting drove his 1990 Oldsmobile Cutlass into the eastbound lane while trying to pass another vehicle on a car, and hit an oncoming eastbound Suburban head-on.

The 2001 Chevrolet Suburban was driven by Stephanie Dierberg, 39, of Beaufort, Missouri. Also in the Suburban were Kristen Dierberg, 14, and Jacob Carman, 14 of Beaufort and Union, Missouri, respectively.

Nolting, who was not wearing a seatbelt, died at the scene. All occupants of the Suburban were in serious condition.

Stephanie Dierberg and Carman were taken to St. John's Mercy Medical Center in Creve Coeur for their injuries. Kristen Dierberg was taken to St. John's Mercy Hospital in Washington, Missouri. According to the crash report, Stephanie Dierberg was wearing a seatbelt, Carman was not, and it was unknown whether Kristen Dierberg was wearing one at the time of the accident. All three were in serious condition.

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Continue reading "Franklin County, Missouri Head-On Collision" »

An Ozark couple has recently settled their Missouri medical malpractice suit with the University of Missouri Hospital for $2.5 million.

Susan Martin, now 49, was being treated at the hospital in Columbia, Missouri for dehydration due to a gastrointestinal -related condition. In an effort to rehydrate her, doctors ordered an IV of nutrients. The IV was intended to go into a subclavian vein, but was mistakenly put in her subclavian artery. This mistake caused fatty blockages to flow to Martin's brain for five days straight. The blockages caused serious and permanent damage to Martin, including numerous devastating strokes and other neurological and cognitive destruction.

Martin is now physically and mentally handicapped. The doctors argued that the strokes and other problems could have been caused by pre-existing conditions, but Martin's Missouri personal injury attorney argued that it was due to the direct negligence of her medical care providers.

The University Hospital made no comment regarding this Missouri medical malpractice suit.

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A Saturday evening auto crash near Sedalia, Missouri has left four dead and four injured.

According to the Highway Patrol, the three-car accident occurred at about 5:30 p.m., on Highway 50. The crash began when a 2002 Ford ZX2, driven by Shenika Flemons of Kansas City, was traveling eastbound and crossed the center line. Flemons' vehicle then rotated counter-clockwise, and struck the rear of a westbound 1999 GMC Sierra. After the impact, Flemons' vehicle skidded back into the eastbound lane and into the path of a 2009 Chevrolet. Flemons vehicle came to rest facing westbound on the eastbound shoulder of Highway 50.

The four fatalities all occurred in Flemons' vehicle. Those killed were Flemons, Kawanna Jackson, 32, Lakeidra Kemp, 32, and Kamyra Payne, 2. They were all pronounced dead at the scene of the accident by the Pettis County Coroner according to the highway patrol report. Also in that same vehicle were Tyllyiss Jackson, 8, and Tonica Watts, 11, who were in serious condition at the time of the accident and transported by life-flight to University Hospital in Columbia, Missouri. Elliott Hull, 6, and Jennifer Hull, 33, both passengers in the Chevrolet, were injured and transported by ambulance to Bothwell hospital in Sedalia, Missouri.

The reason for the crash was not immediately evident, and investigation into the crash is ongoing.

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Continue reading "Smithson, Missouri Crash Yields Four Deaths and Four Injuries" »

This Neosho woman had a unique case which called into question the responsibility of negligent drivers subsequent to an original crash.

In September 2003, a Neosho woman, Carrie Story, was involved in a car crash with Mark Logan. Logan failed to yield to Story while making a left turn across traffic. Story was taken to a hospital where doctors diagnosed her with a left-foot fracture. Although the fracture healed quickly, Story continued to suffer pain in her foot. A bone scan later suggested that she had Reflex Sympathetic Dystrophy, a painful nerve disorder caused by an injury to a hand or foot. Story filed suit against Logan.

In March 2004, Story was involved in a second Missouri auto crash. An uninsured motorist was trying to make a left-hand turn onto Missouri Highway 86 in Newton County pulled into Story's path. Again, Story was taken to a local hospital and diagnosed with a left-foot contusion that had exacerbated her original RSD injury. Story began treatment for the continued pain and filed a second lawsuit against American National.

Because the two cases were related, but separate events the core of the case was determining how and to what degree the second driver should be held responsible for the injuries already present, but exacerbated by his negligence. Columbia, Missouri injury attorney Aaron Smith was able to secure a $193,500 settlement without taking either case to mediation or court. The first case was settled for $100,000 and the second case was settled for $93,500 with a $43,500 settlement from Story's own insurance against uninsured drivers and $50,000 from the uninsured driver.

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Pamela Allen, a 48-year-old resident of Lockwood, Missouri was driving on Main Street in Joplin on December 5, 2005. Sheriff's Deputy Devin Marshall rear-ended Allen's car as the two approached stopped traffic at an intersection.

Marshall claimed his brakes failed, and he was forced to activate the emergency brake, but still ended up colliding with Allen's back bumper. About $900 was done in property damage to Allen's car.

Allen sustained a herniated disk in her cervical spine, which required surgery. After surgery she still suffered from pain radiating from her spine into her arms. After filing a personal injury suit, Marshall testified about the brake problem he had encountered, and department records showed that the cruiser received a full brake repair after the collision.

Allen was compensated for her $35,000 in medical bills and lost wages, plus pain and suffering. Personal injury attorney A.W. Smith, based out of Columbia, MO was able to secure a $150,000 settlement just two weeks before trial.

Continue reading "Jasper County Deputy Rear-ends Local Driver" »

Missouri Medical Malpractice Attorney Aaron W. Smith, based out of Columbia, Missouri, secured a $2,000,000 award for a case involving an unnecessary and unsafe medical procedure in southern Missouri.

Plaintiff "McGinnis", a 38-year-old man, was admitted to Wesley Medical Center, with severe right-sided abdominal pain, nausea, vomiting, and diarrhea. McGinnis, who weighed 420 pounds, had been suffering from these symptoms for the past two months. He believed that the symptoms were similar to a gallstone attack he had suffered eight year earlier, which ultimately required his bladder be removed.

A gastroenterologist (the defendant) at the Medical Center ordered a full lab work up with both upper and lower endoscopies. None of the tests were conclusive, and McGinnis continued to have pain, so the gastroenterologist suggested an endoscopic procedure called an ERCP. This, the doctor claimed, would allow them to see if McGinnis was suffering from a gallstone that obstructing the common bile duct.

The defendant advised McGinnis that if he did have an obstruction of the duct that it could be life threatening. However, the defendant did not explain to McGinnis that the ERCP is one of the most technically difficult endoscopic procedures to perform, and that it also carries the highest likelihood of both complications and death from the procedure. McGinnis was also not advised that the endoscopy should be avoided if the likelihood of a gallstone was low, or if there is a high risk of complications from the surgery.

During the procedure, the defendant encountered complications due to the plaintiff's size and weight, and was unable to locate the common bile duct on fluoroscopy. Immediately following the procedure, the plaintiff began to experience extreme abdominal pain and acute pancreatitis. Five days after the procedure, McGinnnis died of cardiomyopathy, pulmonary embolus and acute necrotizing pancreatitis.

During the trial, the plaintiff's injury attorney, Aaron W. Smith, alleged that the ERCP was not necessary, that the defendant didn't uphold the expected standard of care when he convinced the plaintiff to have the endoscopy, or when he was performing the procedure, and that alternative procedures should have been discussed and offered to the patient.

The trial resulted in a $2,000,000 verdict in favor of the plaintiff.

Continue reading "Missouri Medical Malpractice Attorney A.W. Smith Secures $2,000,000 Verdict" »

The A.W. Smith Law Firm secured a $280,000 settlement in a Missouri medical malpractice case in which a doctor misdiagnosed a patient's heart attack as heartburn.

On February 2, 2002, at 11:45 pm a 55-year-old patient went to a rural hospital complaining of mid-upper epigastric pain with a history of hiatal hernia. After waiting for 20 minutes, the patient went back to the nurses' station and told the triage nurse that she was now experiencing chest pain radiating into both of her arms. The hospital put their chest pain protocol into action, and the patient was taken for an emergency assessment.

The hospital's protocol included two diagnostic examinations, both key in diagnosing a heart attack: an EKG and a blood test for the cardiac enzyme Troponin I. The EKG demonstrated a past heart attack, which plaintiff's experts described as "age indeterminate." The troponin I test showed elevated levels of enzymes in the blood stream. Plaintiff's experts testified any elevation of enzymes required serial Troponin tests prior to discharge from the hospital.

After reviewing the test results, the doctor examined the patient and ordered a GI cocktail - a mixture of antiacid and lidocaine used to relieve heartburn, which the doctor claimed was to determine if the pain was coming from chest problems or heartburn. The patient reported that the pain in her chest was gone, and the doctor discharged her with a prescription for Prevacid - a medication commonly used to treat heartburn.

Five days later, the patient was found dead. The plaintiff's Missouri injury attorney, Aaron W. Smith, alleged the doctor missed the correct diagnosis of a heart attack. Plaintiff's experts opined that due to the initial test results, and the patient's health history, she should have been admitted into the hospital for further cardiac assessment. Furthermore, they believed the decedent likely died of another heart attack, five days after her original doctor's visit. The medical malpractice attorney also argued that the doctor missed the correct diagnosis of heart attack, and that the ER nurse was at fault for allowing the patient to be discharged, given her EKG and Troponin I results.

The case was settled for $280,000 about a week before trial.

Continue reading "Missouri Family Settles Wrongful Death Case" »

On December 9, three Trenton, Missouri residents were killed by an oncoming train while trying to cross "uncontrolled" railroad tracks. The driver, Nancy Groves, was driving a 2001 Plymouth Neon carrying passengers Adam Romesburg and Nina Spencer.

According to the Missouri State Highway Patrol, the vehicle was traveling eastbound on First Street in Trenton, and drove into the path of the approaching freight train. While it had snowed heavily in the area, state Troopers said that it didn't play a role in the crash. The train dragged the car 300 feet from the point of impact. The train, which tried to stop after the crash, was 2700 feet north from the crash location, showing how long it takes for trains to stop once alerted of a dangerous condition on the tracks. While the car was totaled and removed from the scene, the train continued on to its intended destination.

Trenton is located about three and a half hours northwest of Columbia, Missouri. Missouri is notorious for "uncontrolled" railroad tracks; uncontrolled meaning without the bar or arms that lower to prevent vehicles from entering the tracks when a train is approaching. Unfortunately, many Missourians have lost their lives to these unsafe conditions.

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Personal Injury attorney, Aaron W. Smith received a $375,000 verdict in federal court for a tractor trailer collision.

Elmer Connelly was injured in a collision when a tractor trailer hit his truck while traveling on U.S. Highway 71. The accident took place near Lamar, Missouri. Connelly sued the H.O. Wolding freighting company for negligence in circuit court, but the action was soon removed to federal court .

While the initial crash didn't severely injure Connelly, the subsequent injuries were devastating. Connelly was on blood-thinners at the time of the accident, causing a bruise on his leg to develop into a nerve injury. The nerve injury makes it difficult for Connelly to sit for long periods of time, as it causes him substantial pain.

The A.W. Smith Law Firm took the suit all the way to trial. After a two-day trial, a jury deliberated for less than seven hours before awarding $375,000 to Connelly in compensatory damages. The freighting company had originally offered to settle for $125,000, and then lowered their settlement offer to $80,000 immediately before the trial.

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A man from Vanzant was hit head-on in a collision yesterday evening.

Monday night Michael Poch was traveling eastbound on Route CC, just west of West Plains, Missouri in his 1986 Mustang. At the same time, Michael Omara was driving a 1995 Chevrolet Suburban westbound on Route CC. Omara pulled into the eastbound lane to pass another car traveling eastbound. At that time, he hit Poch head-on, while traveling the wrong way in Poch's lane.

Poch was transported to Ozark's Medical Center in West Plains, Missouri. According to the Missouri Highway Patrol Poch was in serious condition, while Omara was in moderate and Jennifer Liles (Omara's passenger) only sustained minor injuries.

Poch's Ford Mustang was totaled, and extensive damage was done to Omara's Suburban.

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This weekend, bad road conditions were the cause of a Missouri car accident near Rock Port. A Columbia woman lost control of her vehicle on a slick, snow-covered roadway, causing her to collide with oncoming traffic in northwest Missouri.

Karen E. Berry, 44, of Columbia was traveling northbound on Interstate 29 when she lost control of her vehicle, slid into the southbound lane, and collided with a car in the oncoming traffic. Courtney K. Middleton, 18, of Merriam, Kansas was the driver of the hit car. Middleton's 2000 Mercury Cougar spun off of the west side of the interstate. Berry's 2004 Kia Sorento came to rest in between the southbound lanes.

Middleton, her passenger, and Berry's passenger were all taken to the Heartland Regional medical Center in St. Joseph with minor injuries. Berry was not injured.

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Continue reading "Missouri's Winter Weather Begins to Affect Road Conditions" »