St. Louis Injury Lawyer Blog

Tragic Deaths In Waterloo Illinois Drowning Accident

2010-02-25T03:26:47Z

Early Saturday morning, authorities recovered the bodies of a mother, her son and a family friend's son from a St. Claire County lake. The mother, Kathy Baxmeyer, 40, had taken her son, Kadin Baxmeyer, 7, and her son's friend, Steven "Austin" Baum, 6, out to celebrate her son's birthday.

By midnight on Friday, Austin's mother had been unable to get in contact with Kathy Baxmeyer. Worried, she reported her son as missing to the Monroe County Sheriff's Department. When authorities arrived at the Baxmeyer residence, family members were asleep and under the impression that Kathy and the boys were still at the movie they had planned on seeing for the birthday celebration.

Upon finding boots and gloves near a lake by the residence, police used dogs to track the smell from the items. Investigators had their suspicions confirmed when the dogs led them to the water's edge. Diving teams from several fire departments worked for hours before recovering the bodies in 12 feet of water.

Authorities suspect that the boys made their way out onto the icy lake and the mother followed, trying to save them. At this point, all three deaths have been ruled an accident and no charges have been made.

According to the CDC, in 2005, there were 3,582 fatal unintentional drownings in the United States, averaging ten deaths per day. In Illinois, from 1989 to 1998, there was an average of 138 drownings each year. More than one in four fatal drowning victims are children 14 and younger. For every child who dies from drowning, another four received emergency department care for nonfatal submersion injuries. Nonfatal drownings can cause brain damage that may result in long-term disabilities including memory problems, learning disabilities, and permanent loss of basic functioning (i.e., permanent vegetative state).

]]> Accidental drownings can be the result of negligence, and family members may have a claim for damages resulting from wrongful death, or serious injury. The law firm of WWF&G represents several families in these types of claims, currently including the families of a family of four (Mom, Dad and Two Children) who were tragically killed when their motor vehicle went into a lake due to negligent design of the lake and roadway; a swimming pool incident involving negligent supervision; and a drowning at Holiday Shores Illinois resulting from lifeguard negligence and untimely response. If you or your family has been injured as a result of a similar incident, please do not hesitate contact us and make a FREE CONSULTATION at 1-800-WWFGLAW or 618-462-1077.

Medora Illinois Teen Files Lawsuit Against Shipman Mayor

2010-02-18T03:40:28Z

Last week, Medora teenager Andrew Ruyle, 18, filed charges against Shipman Mayor Daniel Barnett, 56 for an incident that occurred last July. Barnett, who also serves on the Shipman police force, pulled Ruyle over while he was driving an ATV on a public road. Ruyle claims Barnett cut in front of his vehicle at a high speed, causing Ruyle to break two fingers on the hand brake of the ATV. Aside from allegations that Barnett disregarded the teen's safety while making the stop, the suit also claims that the vehicle Barnett was operating was not marked as a police vehicle and that no sirens or lights were used while making the stop. Ruyle, who was one of two ATV operators that night, was charged with illegal operation of an ATV on a state highway but has not pleaded guilty.

As a result of the accident, Ruyle developed a staph infection in one of the injured fingers resulting in hospitalization and the threat that the finger may have to be amputated if it does not improve. The injury has resulted in 3 surgeries to date. While no court date has been set, Ruyle is seeking damages in excess of $50,000 to cover his injuries and medical expenses.

]]> Barnett has gone on the record stating he feels the case is misleading. He denies that the stop occurred under high speeds and claims he pulled Ruyle over in his personal vehicle because Shipman's sole squad car was in use by the officer on duty. While Barnett's truck has a blue light in it, he states that he did not turn it on that particular night because it was not plugged in.

WWF&G attorney Mike Glisson is representing Ruyle in this four-count lawsuit against Barnett. The firm aggressively represents victims of injuries related to negligence involved in accidents, including those involving municipalities. WWF&G currently represents the victim of a crash involving a Collinsville Police Officer, and recently resolved a case against the Collinsville Police for civil rights violations during an unlawful search of a home. If you or a friend have been injured, please do not hesitate to contact the law firm of WWF&G at 1-800-WWFGLAW or 618-567-8030.

Family Sues Hazelwood Missouri Tavern over Son's Death in Drunk Driving Accident

2010-02-17T04:57:17Z

On the evening of February 5, two cars were involved in a head-on collision in the southbound lanes of I-255. The driver of one car, Tawanda Jackson, 32, her son, 9-year-old Arnold J. "Jay" Jackson and passenger Jon L. Moss, 28, were all killed upon impact while Jackon's 11-year-old daughter, Takia, was seriously injured. The driver of the other car, Newton M. Keene, 46, was found to have a blood-alcohol content (BAC) of 0.29 percent after the accident- nearly four times the legal limit in Illinois.

Keene, who was injured in the accident, has a long history of drunk-driving offenses with six convictions on file, a Missouri license that has been revoked since 1997 and indefinitely suspended driving privileges in Illinois. Late last Thursday, Keene was charged with three counts of reckless homicide and a host of aggravated drunken driving charges.

]]> However, Keene is not the only person facing charges with this accident. Moss's family is now pressing charges against the owners of the bar where Keene had been drinking that night, Premier Entertainment Hazelwood. Under the basic principals of dramshop laws, any owner of a liquor license can be held liable for the actions of the person consuming the alcohol they are providing. In the wrongful death case, Moss's family is seeking $200,000 in damages plus costs.

The law firm of WWF&G represent numerous families that are victims of alcohol related accidents similar to this one. If you or a friend or family member has been injured in an alcohol related accident, please contact WWF&G for a free consultation at 1-800-WWFGLAW or 618-462-1077. All partners are licensed in Illinois and Missouri.

Medical Product Manufacturer Announces Recall of AED Devices

2010-02-12T16:10:25Z

Last week, the Cardiac Science Corporation notified the Food & Drug Administration (FDA) of the voluntary recall of approximately 12,200 automated external defibrillators (AEDs). Manufactured between October 19, 2009 and January 15, 2010, the devices began to fail under certain conditions, though these conditions were not listed. The company stated that the failure is being attributed to a manufacturing defect.

While the company claims that it has not received reports of the problem from external sources or customers- the problem was found through internal testing- a defect like this can lead to serious medical complications, including death. AEDs are used to treat victims thought to be experiencing cardiac arrest; the devices attach to the victim and then provide prompts to guide rescuers through rehabilitation steps. The devices also analyze heart rhythms and determine if defibrillation shock is necessary for resuscitation.

]]> According to the American Heart Association, studies have shown that AEDs, when combined with community training programs to ensure correct usage, have a market, positive affect on survival rates in cardiac arrest victims. Since equipping security guards with the devices, Las Vegas casinos have achieved a 50-74% survival rate for cardiac arrest victims on premises.

If you or a loved one have been affected by faulty medical equipment or a faulty product, please do not hesitate to contact the injury law firm of WWF@G for a FREE CONSULTATION at 1-800-WWFGLAW or go to their website at www.stlouisaccidentlaw.com.

Macoupin County Illinois Car Wreck Leaves One Dead

2010-02-11T04:07:06Z

Early Wednesday morning a Bethalto man was killed in a two-car accident near Fosterburg. The victim, William L. Gibson, 36, was driving around an "S" curve when ice and snow caused him to lose control of his Nissan Altima. The car went into a ditch on the right side of the road before Gibson over-corrected, causing the car to slide sideways into an on-coming Chevrolet Tahoe.

The driver of the Tahoe, Alton resident Adam C. Merkel, 28, escaped the accident uninjured along with his passenger, 6-month-old Emmett C. Merkel. Authorities say that Gibson was not wearing a seatbelt, causing him to be thrown into the backseat of his car upon impact. Both Merkel and his passenger were wearing their seatbelts at the time.

]]> This time of year, winter weather conditions can result in an increased number of accidents. The Missouri Department of Transportation (MoDOT) estimates that over 3,000 accidents a year occur in icy, snowy or freezing conditions.

If you or a friend or family member has been injured in an accident that is weather related, you may be entitled to compensation. Drivers have a duty to decrease speed to accomodate weather conditions regardless of the speed limit and often do not. Please call the injury law firm of WWF@G for a FREE CONSULTATION at 1-800-WWFGLAW or go to their website at www.stlouisaccidentlaw.com.

Slip-and-Fall Causes Serious Brain Injury in Eureka Missouri Child

2010-02-09T05:49:48Z

Last Saturday, five-year-old Ava Karpowecz was on her way to gymnastics when she slipped on a patch of ice in her driveway. Hearing her child's cries, her mother came over and discovered Ava had hit her head on the pavement. Beyond being shaken, their child seemed to be fine, though they opted not to go on to gymnastics class. However, as the night went on the Karpoweczes grew nervous after Ava would complain about pain and began vomitting. They consulted doctors who told the parents to give her Tylenol and wake her intermittently and check for confusion.

Sunday afternoon, Ava woke from a nap screaming in pain. Her mother rushed her to St. Anthony's Medical Center. Upon arrival, doctors noticed the child vomiting and originally diagnosed her as having the flu. However, because of her fall the previous day, they ordered a CT scan to be certain. The results of the scan sent the medical team into swift action. The fall had caused an epidural hematoma- a blood clot between the skull and the membrane covering the brain. Injuries such as these can take hours to manifest themselves through symptoms, however, once the injury occurs, it becomes a race against the clock. Ava was immediately airlifted to Cardinal Glennon for emergency surgery.

]]> Several days later, it seems Ava will make a full recovery. While these occur more frequently with the elderly, a slip-and-fall can lead to serious injuries among people of all ages. While random accidents such as Ava's occur, other times these falls are caused by negligence. If you or a friend have been injured due to a slip-and-fall, please do not hesitate to contact the law firm of WWF&G at 1-800-WWFGLAW or 618-567-8030 for a free consultation.

Illinois Supreme Court Throws Out Caps on Medical Malpractice Awards

2010-02-06T03:09:28Z

On Thursday, the Illinois Supreme Court overturned a five-year old ruling that limited the amount patients could receive from medical malpractice cases. Previously, the law allowed jury awards of up to $500,000 against doctors and $1 million against hospitals for non-economic damages (such as pain, suffering, loss of companionship, etc). In its 4-to-2 decision, the court stated the law was a violation of the states separation of powers because legislators were imposing decision that should be left up to judges and juries.

While lawyers, patients' rights advocates and union groups celebrated the decision, medical associations and doctors say it will mark a return to increased malpractice rates and an exodus of medical professionals from the state of Illinois. Others argue that the blame for high insurance rates lies with the insurance companies themselves.

]]> Currently, close to 30 states have laws limiting awards for non-economic damages. In states where those laws have been challenged, 16 states have upheld the laws while 11 have overturned them. Missouri happens to be one of the 30 states that limits awards on malpractice suits; earlier this month the Missouri Supreme Court heard arguments by opponents of caps, though no ruling has been made.

The law firm of WWF&G has extensive experience handling medical malpractice cases. If you or someone you love has fallen victim to malpractice, please contact our firm at 1-800-WWFGLAW or 618-462-1077.

Madison County Illinois Creates Team to Investigate Elderly Neglect and Abuse

2010-02-04T03:08:44Z

The Madison County Coroner's office, headed by Stephen P. Noon, announced last week that it is establishing a multi-disciplinary team to help shed new light on the problem of elderly abuse. Comprised of members from law enforcement agencies, social services, law, and health care, the group is responsible for reviewing cases involving alleged exploitation, neglect or abuse of the elderly.

The coroner's office believes there are two benefits to such a team: identifying trends and information about abuse as well as examining cases more effectively because of the varying backgrounds of the team members. This team is the first of its kind in the area, and only the second in the state of Illinois. With a large elderly population living in Madison County, it seemed like the ideal place for the next review team.

According to the National Committee for the Prevention of Elder Abuse (NCPEA) elderly abuse can come in multiple forms. From physical abuse to psychological abuse, it is estimated that 4-6% of the elderly are abused nation wide.

]]> If you suspect that a loved one has been neglected at a nursing home, please call us for a Free Consultation at 618-426-1077. At WWF&G, we have valuable experience in nursing home neglect cases, and aggressively pursue these cases on behalf of those injured. Our firm currently has numerous neglect claims pending, including cases involving bed sores, disabling injuries from falls, and other injuries from neglectful treatment.

Toyota Expands Recall on Top-Sellers, Honda Issues Voluntary Recall

2010-02-02T04:45:01Z

Over a week ago, Toyota raised concerns when it announced the recall of 2.3 million vehicles. These concerns were validated with the company's announcement later in the week of a massive recall in China, culminating with the announcement Friday that it also intended to recall 1.8 million vehicles in Europe as a "preventative measure". By this time, the company had also issued an order to halt production of the eight-best selling models in the U.S.

Citing problems with floor mat entrapment and sticky gas pedals that cause unexpected acceleration, Toyota's recall numbers have jumped to almost 9.5 billion since late last year. Both consumers and dealers were affected when Toyota halted the sales of the 2009 and 2010 RAV4, 2009 and 2010 Corolla, 2009 and 2010 Matrix, 2005 to 2010 Avalon, 2010 Highlander, 2007 to 2010 Tundra and 2008 to 2010 Sequoia.

These actions drew the attention of Congress, prompting the House Committee on Oversight and Government Reform to schedule a hearing next week to investigate the government's response to Toyota's problems. The National Highway Traffic Safety Administration (NHTSA) has an early warning system in place that provides statistical forecasting to identify trends and help signal problems such as the ones Toyota is experiencing. In this case, the system did not recognize the problem, causing the House to request extensive data reports from both the NHTSA and Toyota.

]]> However, as Toyota's situation worsened, Friday evening brought a new announcement: Honda issued a statement voluntarily recalling 646,000 of the Fit sub-compact model due to a fire hazard posed by a faulty window switch. Neither company has released hard numbers on the number of claims that have been filed, however, the House Committee maintains that there have been at least 19 deaths caused by unexpected acceleration in Toyotas over the past decade.

The car industry has not seen problems on this scale since the massive recalls executed by Ford in 2000 over claims that the Firestone tires used on its Explorer model had caused an abnormal number of roll-over incidents. While the debate still rages over which party is at fault, Ford or Firestone, there have been at least 270 deaths and 800 injuries filed attributed to the tires and their use with Explorers.

The law firm of WWF&G has significant experience handling cases involving product liability and auto accidents. If you or a loved one has been injured in a motor vehicle accident that may have been related to a faulty product, please contact our firm for a Cree Consultation at 1-800-WWFGLAW or 618-462-1077.

St. Louis Missouri Car Accident Results Fatality, Injury

2010-01-26T02:23:27Z

Late Sunday night, a man's truck clipped the back of a minivan, causing the truck to spin out of control and crash into a concrete pillar near the intersection of Interstate 270 and Missouri 370. The driver, 43-year-old St. Ann resident Mark Maessen, was pronounced dead at the scene.

The driver of the mini van, Shokouh Pritchett, 42, sustained minor injuries and was taken to DePaul Medical Center for treatment. Police would not verify whether or not Maessen was wearing a seatbelt, but confirmed that Pritchett was.

Authorities are continuing investigations and no charges have been filed. According to MoDOT, there were 19,132 accidents on Missouri interstates in 2008 and over 25,000 rear-end collisions.

]]> The law firm of WWF&G handles personal injury claims resulting from driver negligence. If you or a loved one has been injured in a motor vehicle accident, please contact our firm at 1-800-WWFGLAW or 618-462-1077 for a Free Consultation.

Tractor Trailer Safety & Federal Regulations

2010-01-22T04:51:20Z

With I-70 running through both states, Missouri and Illinois residents are no strangers to tractor trailers. In fact, the Missouri Department of Transportation (MoDOT) estimates that I-70 carries approximately 10,000 trucks per day across Missouri- a number that is supposed to double by 2030. In order to keep drivers safe, these vehicles are heavily regulated by the U.S. Department of Transportation through the Federal Motor Carrier Safety Administration (FMCSA).

The FMCSA regulates all aspects of the vehicles and the drivers who operate them. For drivers, the organization sets strict medical standards that state drivers have to be in good physical condition. Basic physical requirements include but are not limited to the following:
• No history of cardiac trouble.
• No current clinical diagnosis of high blood pressure.
• Must have visual acuity of 20/40 in each eye, either naturally or with corrective lenses, the ability to recognize all colors of traffic signals, and a field of vision that extends to at least 70° periphery.
• Average hearing loss cannot exceed 50 decibels at 3 different frequencies.
• Mandatory drug and alcohol testing to all who seek a commercial driver's license (CDL)

Beyond the health of the drivers, the FMCSA takes other measures to ensure the safety of commercial operators and all drivers on the road. Operators of tractor trailers or other large vehicles must obtain a commercial driver's license (CDL). Drivers must have a clean driving record and pass a written and driving test in order to receive a license.

Other regulations dictate the consecutive number of hours a driver can drive as well as the minimum allotted rest times are determined by the administration. Drivers are given a 14-hour duty limit, and are only allowed to drive for 11 hours during that period of duty. Once this cap has been met, the driver is required to take 10 consecutive hours off. All of this information is recorded in a log drivers are required to keep. Currently, many logs are kept by automatic, on-board recording devices that allow authorities and fleet owners easy access to information.

]]>
In the state of Missouri alone, there are over 4,000 accidents a year involving tractor trailers. A basic overview of the rules governing these vehicles and ensuring your safety are vital to know, especially in the case of an accident. The law firm of WWF&G knows these laws, and handles numerous personal injury claims resulting from accidents involving tractor trailers. If you or a loved one has been injured in a motor vehicle accident involving a tractor trailer, please contact our firm at 1-800-WWFGLAW or 618-462-1077.

Madison County Illinois Nursing Home Worker Charged With Exploiting Resident

2010-01-20T04:04:59Z

On Tuesday, a former nursing home worker was formally charged with financial exploitation. Authorities believe the employee of Hitz Memorial Home in Alhambra Illinois may have made unauthorized purchases with a resident's credit card and withdrawn money from their bank account.

The employee has been under investigation since December when she resigned from the nursing home. Prior to her resignation, she claimed to have medical conditions that had prompted both local residents and a local church to give her donations. Other employees found these claims suspicious and when confronted about them, the employee chose to resign.

Later in December, a resident discovered several expensive, unauthorized purchases had been made with their credit card. Detectives soon found that not only had the employee purchased furniture and a television with the credit card but she had also forged the resident's signature to make withdrawals totaling close to $16,000 from several bank accounts.

The National Center on Elder Abuse has found that reports of abuse and exploitation have risen steadily over the last two decades. However, current estimates say that only 1 in 25 cases of financial exploitation are actually reported, suggesting there may be up to 5 million cases of financial abuse each year.

]]> If you suspect that a loved one has been neglected at a nursing home, please call us for a free consultation at 618-426-1077. Someone needs to stand up for your loved one and, at WWF&G, we have valuable experience in nursing home neglect cases.

St. Louis Nursing Home Closed; County Officials Find Horrific Conditions

2010-01-14T01:56:01Z

Whispering Oaks Nursing Home, a residential care facility in Wildwood, Missouri, was shut down Monday night after county officials found the site in appalling conditions. Late Sunday night, county fire officials were alerted that the well water stores supplying the nursing home had frozen. According to a press release from County Executive Charles A. Dooley, by the time public officials arrived on Monday, they found "no running water, overflowing toilets, human waste on the floor and a fire risk caused by an inoperable sprinkler system."

It is estimated that 40-50 patients are currently in care at the facility. The state health department will be assisting in efforts to relocate patients to nearby nursing homes.

Whispering Oaks has a history of violations with the state that range from failures to meet safe drinking water standards to reports of staff abuse by patients. The National Center on Elder Abuse suggests that only 1 in 14 incidents of neglect come to the attention of authorities.

]]> If you suspect that a loved one has been neglected at a nursing home, please call us for a Free Consultation at 618-426-1077. Someone needs to stand up for your loved one and, at WWF&G, we have valuable experience in nursing home neglect cases.

St. Louis Teens Injured After Rollover Accident

2010-01-12T04:29:52Z

Three teens remain in the hospital today after their vehicle rolled last Friday afternoon near Weidman and Clayton Road. The three passengers were ejected from the vehicle when the 16-year-old driver lost control over an icy patch and veered off the road, causing the SUV to flip. When police arrived on the scene, the driver appeared to have been the only passenger wearing a seatbelt and was found in the vehicle.

At this point, investigators do not believe that cell phones are involved in the crash. The teens are reported to be in stable condition and no criminal charges have been made against the driver.

Ice and weather condtions have been the cause of numerous accidents this year. Drivers have a duty to decrease speed and exercise care regardless of the speed limit to accommodate weather condtions.

]]> Victims of an accident, even passengers in a single vehicle accident, have the right to make claims for injuries. Drivers have a duty to decrease speed due to weather regardless of the speed limit. If you or a family member have been injured in an auto accident, please do not hesitate to contact the attorneys at WWF&G for a Free Consultation at 1-800-WWFGLAW, or visit our website at www.stlouisaccidentlaw.com.

Missouri State Trooper Killed While Working Minor Accident On Highway Near St. Louis.

2010-01-05T00:41:12Z

A Missouri state trooper was tragically killed after being struck by a sport utility vehicle while assisting with a minor car accident on December 25, 2009. The incident occurred on interstate 44 southwest of St. Louis.

The Missouri State Highway Patrol identified the trooper as 49-year-old Patrolman Dennis Engelhard, a 10-year veteran from Wildwood.

Reports indicate that Engelhard was struck by a sport utility vehicle near Eureka.
Apparently, Engelhard had been working a minor accident and was hit while walking back to his patrol car to retrieve something.

Icy weather conditions led to dozens of accidents in eastern Missouri over the holidays. The incident appears to have been weather-related.

]]> Drivers have a duty to decrease speed due to weather regardless of the speed limit. Families of victims of accidents such as this accident have rights when other drivers are negligent. If you or a family member have been injured in an auto accident, please do not hesitate to contact the attorneys at WWF&G for a Free Consultation at 1-800-WWFGLAW, or visit our website at www.stlouisaccidentlaw.com.