The A.W. Smith Law Firm attained a $4.75 million settlement in a birth injury case earlier in 2010.

*The terms of the settlement required confidentiality regarding the names and all indicators of the defendants, so those details have been removed from this blog.

Plaintiffs John and Jane Doe went to the hospital to have their first child delivered on August 20, 2007. Jane Doe was in labor for 16 hours before finally giving birth. During that time, there were indications that the baby was going through periods of distress. After birth, it was determined that Baby Doe was deprived of oxygen while still in the uterus long enough for him to develop severe cerebral palsy.

Cerebral palsy is a disease that is untreatable and can develop during child birth due to lack of oxygen to the baby's brain. Often, it can be easily prevented by monitoring the fetus's fetal heart rate on a monitor. Due to the amount of time that Baby Doe was deprived of oxygen, he suffers from not only cerebral palsy, but seizures, persistent encephalopathy, diffuse brain atrophy, marked hypotonia in the trunk and lower limbs, and brisk deep tendon reflexes.

The plaintiffs filed a lawsuit against the hospital, the obstetrician (OBGYN), and the birthing center nurse. Plaintiffs claimed that the hospital failed to properly use the fetal monitoring equipment, failed to recognize the signs of Baby Doe's distress, failed to have staff on hand that knew how to address the health problems once they had been realized, and failed to perform an emergency C-section.

The case was settled in early 2010 for $4,750,000.

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Missouri Highway 5 head-on collision has left one driver dead and the other seriously injured. Missouri Highway Patrol Troop I responded to a deadly car accident Thursday around 2 pm on Missouri Highway 5. Driver Kathleen Matney, 48, Shawnee, KS, was traveling northbound in a 2010 Toyota SUV. William Hinkley, 64, Springfield, MO, was traveling southbound, and crossed the center line, hitting Matney head-on. Hinkely was driving a 1996 Lincoln Towncar. Matney was taken to the Lake Ozark Hospital in serious condition. Hinkley was pronounced at the scene by the Laclede County Sheriff.

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Jefferson City Crash Leads to Highway Closing
A head-on crash in Jefferson City, MO temporarily closed Highway 30 on Saturday, February 13. Harrison Lane, 44, was traveling eastbound in the westbound lanes of Highway 30 around 1:40 am. Virgil Isaak, 68, tried to swerve and avoid Lane, but began skidding, and hit Lane head-on. Isaak was taken to St. Anthony's hospital in Jefferson City, and Lane was airlifted to Barnes Jewish Hospital. Both were in serious condition. Both vehicles suffered total damage.

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Mt. Vernon Collision Causes Driver Serious Injuries
Melvin Owens, 71, was traveling southbound on MO Highway 37 in a 2004 Dodge Ram Pickup. Jose Rivera turned across the highway and into the path of Owens. Owens swerved and tried to miss Rivera, but still struck the front bumper of Rivera's 2003 Ford Windstar Van. Owens was taken by helicopter to St. John's in Springfield in serious condition, and his passenger, Frank Owens, 67, was taken by ambulance to Cox hospital in moderate condition.

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Joplin, MO Police Chase Leads to Injury for Driver, Occupant
Boyd Damet, 26, of Joplin, MO was trying to flee from the Joplin Police Department patrollers struck two other cars and injured himself as well as the occupant of his vehicle Monday evening. Damet, who cause for fleeing from police officers is unknown, was failed to stop at a stop sign while traveling on Mo Highway 66. After failing to stop, Damet, driving a 2001 Ford Mustang, hit first a 1998 Dodge Ram, driven by Bradley McCoy and then a 2001 Toyota Highlander, driven by James Felker. The drivers and occupants of those cars were not harmed. Damet was taken to Freeman Hospital West with moderate injuries, and his passenger, Marcayla Ackerson, 18, was taken to Freeman Hospital.

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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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