July 2009 Archives

July 28, 2009

Missouri Woman Injured Using Zicam Medication

After using Zicam for congestion, a Missouri woman suffered permanent loss of smell and taste. Her doctors attributed it to the use of Zicam.


The FDA has alerted consumers that Zicam Cold Remedy Nasal Gel, Zicam Cold Remedy Nasal Swabs, and Zicam Cold Remedy Swabs, Kids Size-----have all been associated with long lasting or permanent loss of smell. These products are marketed by Matrixx Initiatives and contain zinc.



Many people have complained of loss of smell with just one use of the product. Loss of smell is often associated with loss of taste. Further, loss of smell can lead to dangerous situations where there is failure to smell smoke, gas, or spoiled food products.

If you or family members have similar problems seek medical attention immediately from an ear, nose, and throat specialist; save the product, any container and receipt. Check with the FDA website for specifics.


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July 27, 2009

Wood River Illinois Minor Resolves Dog Bite Incident

A Wood River, Illinois woman has resolved her claim against the owner of a dog. The woman, a minor, was attacked by a dog and sustained permanent injuries to her legs and hand. She brought a claim pursuant to the Illinois Animal Control Act, which provides a remedy against an owner or harborer of the animal.

Unless provocation is involved, Illinois law holds animal owners strictly liable (ie. liable regardless of the owner's actions). Owners of animals should understand the risks of harboring an animal. Even animals without a history of violence can change due to hormones, age or other factors. It is advisable to keep your animal on a leash at all times to minimize the risks associated with pet ownership. 592635_restricted_biting.jpeg


If you are injured or attacked by a dog or other animal, contact the local animal control or police immediately. It is best to fill out an incident report to document the incident. Also, it is important to attempt to obtain any ownership information from the animal's tags.

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July 25, 2009

Seven Ways to Protect Yourself in an Auto Accident

Did you know that over 2.3 million people were injured in car accidents last year according to the National Highway Traffic Safety Administration? When it comes to auto accidents it's not a matter of if it will happen to you, but when it will happen to you. In order to protect yourself better, the St. Louis Metro East Law Firm of WWF&G has created a seven-step guide of better protecting yourself if you are a victim of an auto accident.

1. Stop Your Car. It is the law to stop your vehicle after an accident. If you fail to stop you may subject yourself to criminal prosecution. Stop your car as soon as possible without further endangering any person or property, and without obstructing traffic.

2. Safety First. Make sure that everyone is okay. Render aid to anyone in need. Call 911 for an ambulance or for police assistance.

3. Take a Breath. Once the accident has occurred there is nothing you can do and to change the situation. It is better for you to keep your cool and make sure that all parties are okay. Remaining polite will ease the tension of the situation. Ultimately, you may be entitled to a recovery, but a jury is not going to want to help someone who acts inappropriately at an accident scene - accidents happen.825017_crash_car.jpeg

4. Call the Police. You should call the local authorities to file a police report. Police officers are trained to handle situations that may result from or arise after an accident. Having a police report can help speed up the process of filing your insurance claim and provides more information for your attorney to file a suit or defend your case.

5. Gather Information & Photos. While you are waiting on the police you should gather as much information about each driver, witness, vehicle, and location from the accident. If you happen to have a camera or camera phone be sure to take pictures of vehicle damage, license plates, injuries, and the location.

6. Treat With A Doctor As Necessary. If anyone is injured, have them take an ambulance or see a doctor immediately. It is better to be safe than sorry. A delay in treatment can be treated negatively by an insurance company evaluating your claim, and ultimately a jury.

7. Consult With An Attorney. To assure the best overall results from your incident you, consult a lawyer of your personal choice. Most attorneys will give you a free consultation on this type of case. Your insurance company will always be represented by trained adjustors or by an attorney, and they may take advantage of you.


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July 23, 2009

Jerseyville, Illinois Family Files Suit In Wrongful Death Action

On February 25, 2009 a Jerseyville, Illinois man was on his way to work when he was killed in a tragic accident involving a drunk driver, who was also killed in the accident. According to Illinois State Police, the drunk driver, age 32, crossed the center line and struck and killed the victim, age 55, on Route 3 near Godfrey, Illinois in Madison County. The victim was survived by his spouse and two children.

774605_car_accident_2.jpegOn July 22, 2009, the family filed suit against the estate of the drunk driver in Madison County, Illinois. The suit was filed pursuant to the Illinois Wrongful Death Act, and seeks damages including loss of support and loss of love, affection, guidance of a spouse and father. The lawsuit was filed by the Alton attorney Michael Glisson, of the law firm WWF&G.

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July 21, 2009

Alton, Illinois Man Versus Gatorade

WWF&G recently obtained a settlement from Gatorade for an Alton, Illinois man.

Our client had purchased a bottle of Gatorade, when starting to drink it, noticed a foreign substance in the liquid resembling a thick gray cloud.

Fortunately, the client stopped ingesting the Gatorade and contacted WWF&G for assistance.

89069_gatorade.jpegA claim was made against the manufacturer and an early settlement satisfactory to our client was achieved. If you encounter a foreign substance in your food or drink, it is advisable to preserve the product as evidence, as well as any other evidence to support your potential claim, such as a product receipt, packaging or photos of the evidence. If you feel ill as a result of consumption, you should seek medical attention promptly.

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July 15, 2009

East Alton Illinois Man Killed At Olin Brass

Olin Brass in East Alton Illinois was the site of a tragic construction accident on Saturday, July 11, 2009. Michael Niswander died Saturday morning after being struck in the chest by a piece of machinery at Global Brass and Copper.

Reports indicated Niswander was working on a lathe when something - either a piece of lathe or a piece of fastened to the lathe - broke and struck him in the chest.

According to the U.S. Department of Labor, a preliminary total of 5,488 fatalities in the workplace were recorded in the year 2007. Based on these counts, there are 3.7 fatal work injuries per 100,000 workers in the United States, down from 4.0 fatalities in 2006, and the lowest total since the Census of Fatal Occupational Injuries (CFOI) began in 1992.

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July 13, 2009

Jacksonville Illinois Nursing Home Sued

A Jacksonville, Illinois nursing home was sued by our Illinois injury law firm for causing the death of a patient. The suit was brought on behalf a Quincy, Illinois family in Jacksonville (Morgan County), Illinois.

Our suit claimed that the nursing home violated the Illinois Nursing Home Care Act and the Illinois Wrongful Death Act in causing a patient's death. The patient had been in an auto accident near Quincy (Adams County), Illinois, and was initially treated at two area hospitals. She was then transperred to a nursing home.

The patient was breathing through a tracheostomy in her neck. Because of the severe injuries, she would pull at her breathing tube. On several occasions she was able to pull out this tube causing her to almost die. Instead of instituting one on one surveillance or wrist restraints, the nursing home used drugs and mitts. Both were found to be ineffective in stopping the resident from pulling off the breathing tube on several occasions.

Finally, the patient was found without her trache breathing tube inserted and died. Our suit claimed that wrist restraints or one on one supervision should have been used. Expert testimony from a nurse and family physician supported the claim.

In Illinois, all nursing homes must follow the Illinois Nursing Home Care Act which states that residents have basic rights and they cannot be the subject of neglect. Nurses must uphold the standard of care of acting as a reasonable careful nurse when attending to a resident at a nursing home. Too many times residents are just given an anti-anxiety drug and left uncared for. Sadly, this was the case here.

Damages for this conduct can include medical cost for treatment, funeral expenses, money damages for the pain and suffering of the resident up to her death, and losses to the heirs for loss of support, love and affection.

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