Attorney Blog

Metal on metal hip implants are wearing out

AWolffjr@aol.com (Blog Author)27900 — Mon, 08 Mar 2010 08:00:00 EST

There appears to be a big problem for 1-2 percent of all people who have hip implants in the last 10 or so years. If you are one of the unfortunate few who have had your hip redone many years before you thought that you need to, read the above article and give us a call if you have any concerns.

Alvin Wolff Interview on KSDK

AWolffjr@aol.com (Blog Author)27683 — Thu, 04 Mar 2010 08:00:00 EST

St. Louis Accident Lawyer Alvin Wolff was interviewed about his book dealing with Motorcycle and Bicycle accidents on the KSDK noon news on 3/1/2010. Copy and paste the link to view the interview.

What To Do and Not Do If You've Been Involved in A Motorcycle or Motor Vehicle Wreck

AWolffjr@aol.com (Blog Author)27465 — Sun, 28 Feb 2010 08:00:00 EST

If you've been hurt in a motor vehicle accident in Missouri , it is critical that you maintain close contact with your insurance company and pay close attention to your rights. DO NOT assume that the insurance companies have your best interests in mind.

Here is a basic checklist of some important points to consider if you are involved in a motor vehicle accident, as well as some pointers on what to avoid doing if you are injured in a motor vehicle accident in Missouri:

Do the Following if Injured in a motor vehicle accident in Colorado:

1. Call your insurance agent immediately after an accident takes place

2. Obtain a copy of the police report

3. Take and keep detailed notes of all conversations with insurance company representatives, and get names, phone numbers, and job titles of people you speak with, including their supervisor's name

4. Read and understand your policy. Know what kinds of accidents are you covered for and what are you not covered for

5. Discover that you could have insurance coverage under another insurance policy as well. Many people have more than one policy that might cover a claim. In particular, look at homeowner policies and "umbrella" policies

6. Take pictures of any damage to your vehicle, the accident scene, and your injuries

7. Be honest and forthcoming with your insurer. Failing to be candid with your insurer might invalidate your policy or cause a denial of coverage

8. Keep all receipts of meals, lodging, and purchases made in connection with time spent pursuing your claim or recovering from your injuries from the time of the covered event until final settlement with your insurance company

9. If necessary, contact an experienced Colorado personal injury attorney. Insurance companies are interested in their bottom line and will often fight your claim. Don't be a victim!

Do not do the following if Injured in a motor vehicle accident anywherfe:

1. Give any recorded or written statements to your insurer until you are sure you understand your coverage. Remember you are not required to allow the insurance company to record your telephone conversation. If you have doubts, consult an attorney immediately

2. Automatically accept the estimate or appraisal of your losses given to you by the insurer. Insurance companies will often try to get you to accept their estimator's or contractor's repair or replacement estimates, which might be lower than what you deserve. If you have doubts, contact an attorney immediately

3. Sign any releases or waivers until you obtain legal advice. Don't accept a premature, inadequate settlement from your insurer. Consult an attorney before signing a release or waiver. Also, be sure to read the fine print on any payment from the insurance company.

4. Accept any check that says "final payment"

5. Disregard the time limits set by your insurance policy. Most policies require a signed proof of loss within a certain time limit. Be sure you comply with this requirement unless you obtain a written waiver from your insurance company. Many policies allow you only one year from the date of loss in which to bring a legal action if your claim has not been adjusted fairly. If months of gone by and your claim has not been settled yet to your satisfaction, consult an attorney immediately. A failure to do so could result in the loss of your right to sue.

6. Forget that your insurance company has a legal obligation to provide the coverage it promised to you. Be insistent about enforcing that obligation, and consult and attorney if necessary.

If you've been injured in a motor vehicle accident such as a car, truck or motorcycle accident, you should be aggressive and vigilant in protecting your rights. Do not assume that your insurance company is looking out for your interests, and furthermore, don't attempt to take on the insurance companies by yourself! Contact a Missouri attorney experienced in personal injury and/or motor vehicle accidents to protect your rights and get you the fair compensation that you deserve!

Spring Is Right Around The Corner

AWolffjr@aol.com (Blog Author)27414 — Fri, 26 Feb 2010 08:00:00 EST

This fall I am signed up to ride 200 miles for the MS 150 ride which raises funds for Multiple Sclerosis Research. The link will take you to my page and you can follow my progress. (Feel free to make a donation to MS as well). This is about giving back and kicking some butt on the road.

Another View of Healthcare Reform

AWolffjr@aol.com (Blog Author)27330 — Thu, 25 Feb 2010 08:00:00 EST

Patient Rights and Health Care Reform

Posted on February 25, 2010 by John Day

Will the President sacrifice the rights of patients injured by medical malpractice to get Republicans to sign-off on a health care bill?

Steven Olsen explains why the President should not in this article titled "Why Shouldn't Obama Throw Injured Patients Under the Bus to Get Heath Reform? Ask Steven Olsen."

Steven Olsen is a malpractice victim from California. Here is a letter written by the jury foreman after he learned that the jury's damage award was cut because of California's cap on damages.

We viewed video of Steven, age 2, shortly before the accident. This beautiful child talked and shrieked with laughter as any other child at play. Later, Steven was brought to the court and we watched as he groped, stumbled and felt his way long the front of the jury box. There was no chatter or happy laughter. Steven is doomed to a life of darkness, loneliness and pain.

He is blind, brain damaged and physically retarded. He will never play sports, work, or enjoy normal relationships with his peers. His will be a lifetime of treatment, therapy, prosthesis fitting and supervision around the clock...

Our medical-care system has failed Steven Olsen, through inattention or pressure to avoid costly but necessary tests. Our legislative system has failed Steven, bowing to lobbyists of the powerful American Medical Association (AMA) and the insurance industry, by the Legislature enacting an ill-conceived and wrongful law. Our judicial system has failed Steven, by acceding to this tilting of the scales of justice by the Legislature for the benefit of two special-interest groups....

I think the people of California place a higher value on life than this.

Watch Out For What You Put on Facebook

AWolffjr@aol.com (Blog Author)26913 — Thu, 18 Feb 2010 08:00:00 EST

As a parent and as a consumer you have the responsiblity for what your children or you put on your social networking site. I would suggest that you put nothing on facebook that would embarass you if it ended up on the front page of the New York Times. You never know when something posted will end up on the wrong hands. Unfortunately I frequently remind my kids to mind what they put on their sites. Watch out for spies, employers and enemies. Be careful of what you are photographed doing as well. You never know when it will end up on a social networking site.

I am not advocated paranoia. I am suggesting discretion.

Highway Patrol Uncertain Whether To File Charges In Fatal Wreck

AWolffjr@aol.com (Blog Author)26847 — Wed, 17 Feb 2010 08:00:00 EST

Colorado State Patrol trooper Tonja Cowan said Tuesday that she has not decided whether to file charges in a fatal crash Saturday on U.S. Highway 40.

At about 6:25 p.m., a Nissan SUV spun out of control and slid into the path of an oncoming Dodge Ram pickup.

Nissan passenger Jenna Gruben, 32, was taken to Yampa Valley Medical Center, and she later died from her injuries. Nissan driver Angelica Mangiardi and passenger Cara Marrs also were taken to the hospital and released. Dodge driver Wesley Jenkins and his passenger, Denise Ketchum, declined medical treatment.

Cowan said the investigation is taking longer than expected and that she plans to use information from a mechanical inspection of the cars to make a decision.

A memorial service for Gruben is at 10:15 a.m. today at Temple Emanuel, 51 Grape St., in Denver. Burial will follow at Rose Hill Cemetery.

Her family will be sitting shiva today until Friday at their home at 8250 S. Albion Drive in Denver.

In lieu of flowers, her family requests donations to the Yampa Valley Autism Program or Humble Ranch.

Large Verdict in Bicyclist Death

AWolffjr@aol.com (Blog Author)26747 — Mon, 15 Feb 2010 08:00:00 EST

A Pima County jury awarded the parents of a Tucson boy killed by a drunk driver $40 million Friday. City taxpayers will be responsible for a third of that, with the driver and Chuy's restaurant sharing responsibility for the rest.

Jose Rincon Jr., 14, and a friend were riding their bicycles east on East Broadway near Harrison Road around 7:20 p.m. Jan. 12, 2008, when Glenda Rumsey struck both teens with her car. Rincon died.

Although the city was found to be only one-third responsible, its more than $13 million share is the largest individual judgment ever against the city, dwarfing the $1.75 million paid to the family of Deshun Chance Glover, who was electrocuted at the Hi Corbett Field complex in Reid Park in July 2008.

Rumsey, whose blood-alcohol level was 0.249 two hours after the crash, was sentenced to 14 years in prison last year. Chuy's, which is where she had been drinking, has already settled with the family for an undisclosed amount.

A lawyer for the family argued successfully that the city was partially at fault because of the poor design of the road.

City Attorney Mike Rankin said the city will appeal. He said he was surprised both by the amount and by the city's being found 33 percent responsible.

"This is shocking," Rankin said, adding he was stunned at the amount and "the notion the city would be equally responsible as a drunk driver that was three times the legal limit."

Jose and Adriana Rincon burst into tears when the verdict was read.

After having been through both a criminal and a civil trial, nothing has changed, Adriana Rincon said. "It doesn't bring him back. Tomorrow I still have to find a way to cope."

Jose Rincon said the lawsuit was never about money.

"The main reason we're here is for vindication and to carry the ball the whole 10 yards on (Jose Jr.'s) behalf," he said.

The three-way finding of blame validated their belief there was a "perfect storm" of variables that came together and took their son's life, Jose Rincon said.

"In my heart of hearts it started with Glenda Rumsey, but that doesn't excuse irresponsible business practices nor cavalier decision-making on the implementation of well-thought-out and carefully designed building plans," he said.

Last week, the Rincons' attorney, Ronald Mercaldo, told jurors a city engineer abandoned plans to add 5 feet of asphalt to the roadway during an improvement project, creating a large offset in the lanes on either side of Vozack Lane, just east of Harrison. As a result, Rumsey ended up in the bike lane when her lane ended and she tried to merge.

Rumsey's attorney, Stefano Corradini, agreed his client and Chuy's were largely responsible for the crash, but he, too, blamed the city because of the road design. He would not comment after the verdict.

Attorney Richard Davis, who defended the city, told jurors that engineers did nothing wrong. He blamed Rumsey, saying roads can't be designed to be drunken-driver-proof.

The jury deliberated less than three hours.

Mercaldo said he was grateful to the jury but noted the judgment will never compensate the Rincons for their loss.

Jose, a straight-A student at St. Michael's Parish Day School, died hours after he took entrance exams for Salpointe Catholic High School.

The middle of the Rincons' three children, Jose Jr. was known to be kind and an exceptional musician and talented athlete.

Judge Kenneth Lee presided over the trial.

Reporter Rob O'Dell contributed to this story. Contact reporter Kim Smith at 537-4241 or kimsmith@azstarnet.com

Tragedy At The Olympics

AWolffjr@aol.com (Blog Author)26679 — Sat, 13 Feb 2010 08:00:00 EST

The course at the Olympic Luge Course has been closed having been declared dangerous and excessive. In many premises cases, a case can be made that the area was defectively designed. One has to wonder how a course can be designed that can pitch a participant out of the course into an unpadded steel beam resulting in a fatality.

Look at baseball stadiums, the outfield walls are padded to protect the outfielders. Similarly the goal posts are padded for protecting football and soccar players from enhanced injuries as well.

There may be assumption of the risk for falling off of a sled but I don't think it extends to getting thrown out of a course at 80 plus miles an hour and being hurled into an unprotected steel post.

For a sports injury of this nature, I don't see an assumpiton of the risk for the poor Georgian rider.

Aftermath-Texas Nurse Whistleblower Trial

AWolffjr@aol.com (Blog Author)26620 — Fri, 12 Feb 2010 08:00:00 EST

While former Winkler Co. Nurse Anne Mitchell has been found "not-guilty", she's unsure whether she'll ever return to nursing.

It's one of many loose ends resulting from the Winkler County Nurse Case.

Following months of accusations, charges and turmoil, Anne Mitchell is now a free woman, after a jury found her not guilty of felony charges. But now, Mitchell and fellow whistleblower Vicki Galle, face another challenge: finding employment.

"The closest place for us to work, other than Kermit, is about 50 miles away", says Mitchell.

The nurses may try to recoup lost wages and other damages in a civil trial, where Doctor Rolando Arafiles, Winkler County Attorney Scott Tidwell, District Attorney Mike Fostel, Hospital Administrator Stan Wiley and Sheriff Robert Roberts are named as defendants.

"There are a lot of things that are going to be discussed in that case. First and foremost, I believe we're going to take the deposition of the D.A. who didn't have the guts to show up here and even try this case", says Galle's Attorney, Brian Carney.

Carney calls these future defendants conspirators, in bringing charges against the nurses for doing something that was legal and their duty.

"All these individuals are going to have to answer for why they have conducted themselves the way they have and accused these two innocent people of what's going on", says Carney.

Mitchell's attorney, John Cook IV, explained the ramifications of today's verdict.

"If we do not allow our medical professionals to voice concern about sub-standard care, people will die", says Cook.

Doctor Rolando Arafiles, who's made several documented, life-threatening mistakes with his patients, is still being investigated by the Texas Medical Board.

In the meantime, after details of sub-standard care emerged during testimony, Doctor Arafiles is still seeing patients at Winkler County Memorial Hospital. That's something that worried nurses Vicki Galle and Anne Mitchell last April, when they wrote to the Texas Medical Board and it's something that scares attorney, John Cook, today.

"There's an active investigation ongoing into his practices. I trust that the Texas Medical Board will thoroughly investigate this and will do the right thing".

Mr. Cook, Carney, and both nurses, wanted to make clear that while they called some of Winkler County Memorial's practitioners into question, they respect the practice of all others at the hospital. A date for the civil trial has not been set.

Not Guilty Verdict-Texas Nurse Whistleblower Trial

AWolffjr@aol.com (Blog Author)26576 — Thu, 11 Feb 2010 08:00:00 EST

Day 2 Texas Nurse Whitleblower Trial

AWolffjr@aol.com (Blog Author)26513 — Wed, 10 Feb 2010 08:00:00 EST

Major figures at the center of the trial of former Winkler County Nurse Anne Mitchell spoke on the stand today about the case.

During a nearly two hour cross examination, the defense tried to establish that reporting a doctor for substandard care is not illegal and not harassment.

The prosecution questioned a total of four witnesses. The Winkler County IT staff person, Doctor Rolando Arafiles, a Winkler Co. Memorial Hospital ER nurse and Winkler Co. Sheriff Robert Roberts made up that group. County Attorney, Scott Tidwell, attempted to prove that Doctor Arafiles was harassed by Anne Mitchell's complaint to the TMB and that she misused official information in the process.

The defense mentioned again, as they have for months now, that a nurses' sworn duty is to report substandard care to the state and that the reports are protected under patient privacy confidentiality acts.

During cross-examination, Dr. Arafiles struggled to define "standard of care".

Doctor Rolando Arafiles said he supports the reporting process, but not in this case, because he felt Anne Mitchell was harassing him when she sent an anonymous complaint to the Texas Medical Board.

The defense grilled the doctor about medical mistakes he made including one where he injected a needle into the bone of a patient and another where he sent a child with appendicitis home without treatment.

The prosecution and defense agreed to nickname the instances on record in which Dr. Arafiles made medical mistakes. Those cases are being called, "Turkey Toe", "Appendix Boy", "Rubber Finger Tip", and "Skin Graft".

"Rubber Finger Tip" references the instance when Dr. Arafiles sewed a part of a suturing kit onto a patient. It was a part of the kit not meant to be used on patients. During testimony, Dr. Arafiles said he meant to use it as a brace and accidentally sewed it to the patient.

We caught up with the doctor once he left the witness stand but he declined to comment on the case.

Winkler County Sheriff Robert Roberts' testimony began today. He revealed a friendship with Doctor Arafiles and admitted the Dr. saved his life. The Sheriff also talked about when he and Dr. Arafiles played golf together.

Sheriff Roberts conducted the investigation into the Dr.'s harassment complaint that eventually played into the nurses' firing from the hospital.

During his cross-examination, Dr. Arafiles discussed the nutritional supplement called "Zrii" that he recommended to patients. The doctor admitted that Sheriff Roberts sold Zrii and even held meetings at the local Pizza Hut to recruit others to sell the product. According to the defense, the main ingredient in Zrii is white grape juice and it sells for around $40 a bottle.

Nurse Anne Mitchell mentioned the sale of non-approved/sanctioned supplements in her original complaint to the TMB.

Representatives from the Texas Nurses Association were present at the trial to show support for Anne Mitchell.

At one point Dr. Arafiles was asked whether diabetic patients might have a tendency to heal worse than patients without diabetes. To the dismay of the audience, he said no, that there is no difference.

The audience gasped, after which point Hon. Judge James Rex told the audience to keep quiet or else risk being thrown out of the courtroom.

During cross-examination of Dr. Arafiles, defense attorney, John Cook IV, had the Dr. read an excerpt from a recent New York Times article on the case. In the article the Dr. claims that he has been "brutalized". Cook asked Dr. Arafiles if he has been more brutalized than the patients he has left injured, to which he responded, "yes".

The cross examination of Sheriff Roberts continues first thing tomorrow morning in the courtroom.

Who In The Medical Community Is Watching Out For Patient Safety?

AWolffjr@aol.com (Blog Author)26434 — Tue, 09 Feb 2010 08:00:00 EST

We can explain the prosecution of these Texas nurses on local politics. Explaining the silence of the national healthcare organizations (other than the ANA) is more difficult? Why is the ANA slone? Where are JCAHO, the AMA, and the AHA? The silence tells everyone who stands up for patient safety: 1. You may be right. 2. You may be doing exactly what we say you should do. 3. But you are alone. If you go to jail, count on us to do this: nothing. Want to be safe when you go to the hospital? Who is going to jail for 10 years to make sure your care is safe? I am concerned about these nurses. I am far more concerned about what happens over the course of the next 5 years when nurses have to decide whether to blow the whistle. The fact that no one stands up for these nurses if profoundly disturbing.

Texting Foes Use MADD As A Model

AWolffjr@aol.com (Blog Author)26307 — Sun, 07 Feb 2010 08:00:00 EST

This artilce provides an overview of the laws in the United States relating to cell phone texting bans. Missouir is one of the states that has a limited ban on texting while driving. There is a bill currently in the Missouri legislature that will ban all texting. If you're injured because of cell phone use and driver distraction, we have handled many of these cases and will be happy to discuss your situation with you.

Innocuous Falls Can Conceal A Real Danger

AWolffjr@aol.com (Blog Author)26286 — Sat, 06 Feb 2010 08:00:00 EST

A fall can cause a whole lot of misery and woe. If you've suffered a fall, suffered a personal injury, and it is somebody's fault we are happy to consult with you on your potential claim. Call at St. Louis Accident attorney at 314-584-4109.

Pedestrian Hit By Driver Under The Influence

AWolffjr@aol.com (Blog Author)26285 — Sat, 06 Feb 2010 08:00:00 EST

Although this is not a ski accident, it is a tragedy from a ski town. The driver probably had a few too many and was obviously not paying attention when a pedestrian crossing the street at a busy intersection was seriously injured. Good times turned bad happen randomly without warning. If this happens to you, call St. Louis Accident Lawyer and Steamboat Springs Accident Lawyer Alvin Wolff at 314 584 4109. We're here to help.

Cadmium- It's just not for children

AWolffjr@aol.com (Blog Author)26082 — Wed, 03 Feb 2010 08:00:00 EST

A safety concern has arisin out of cadmium which is the metal used to make Chinese toys so shiny. Now it has been linked to Adult costume jewelery as well. While this St. Louis Accident lawyer may not be able to help you with an illness related to this metal, there is a safety concern that you should be aware of in determining whether to purchase that pretty, shiny, inexpensive bit of bling that may make you sick. This link send you to the New York Times article that describes the problem.

Do Malpractice Suits Affect Obstetric Practice and The Alvin Wolff Plan for Tort Reform.

AWolffjr@aol.com (Blog Author)26025 — Tue, 02 Feb 2010 08:00:00 EST

The threat of malpractice liability doesn't appear to have any impact on the practice of obstetrics, though it does tend to diminish caseloads ever so slightly, and that relationship appears to be related to the size of the award. So, there may be some slight justification for capping damages in malpractice cases, but we shouldn't expect such tort reform to dramatically overhaul the practice of medicine in this country--meaning, in turn, that it won't do much to control health care costs or improve quality, either.

The problem is basic. If I were elected President and head of Congress, I would propose a plan to give all persons harmed by heath care something. I would make it akin to a worker's compensation system; cap fees at 10% and streamline the process.

The way I figure it, I may look at and talk to 30 people claiming harms from medical care; of those, I may take 1 case. This is a lot of wasted time, money and resources. I'd prefer to help everybody; get paid a lot less on every matter; everybody gets something; doctors don't stress over being sued; there's predictability to the system.

What do you think? Is this crazy?

FTCA claims against federal government must contain dollar figure

AWolffjr@aol.com (Blog Author)25973 — Mon, 01 Feb 2010 08:00:00 EST

The New Jersey Law Journal (1/28, Gallagher) reported, "People who file tort claims against the U.S. government must put a dollar figure on their damages up front even if they don't know the final tab because they are still being treated, a federal appeals court ruled Wednesday. The precedential decision construing the Federal Tort Claims Act affirmed dismissal of a personal injury claim in White-Squire v. United States Postal Service, No. 09-1577." To "the plaintiff's argument that she could not give a number because her doctor recommended additional procedures, [Judge D. Brooks] Smith said she could have asked the doctor for an estimate and could have amended the claim if she spent more."

Federal Department of Transportation Bans Texting While Driving by Truckers

AWolffjr@aol.com (Blog Author)25928 — Sat, 30 Jan 2010 08:00:00 EST

Federal Department of Transportation Bans Texting While Driving by Truckers

As a St. Louis Accident Lawyer, I was pleased to read that Transportation Secretary Ray LaHood has banned truck drivers from texting and driving. The ban is effective immediately and applies to all commercial drivers. That means drivers of any size truck that requires a commercial license, as well as bus drivers. It’s the first federal ban on texting and driving that does not apply exclusively to federal employees, and part of LaHood’s focus on reducing distracted driving. The federal ban penalizes truck and bus drivers up to $2,750 per violation. Both houses of Congress are considering unrelated legislation that would make federal transportation funding conditional on passing state laws banning texting while driving for all drivers.

Distracted driving emerged as an issue in 2009 after studies demonstrated that truckers who text behind the wheel raise their crash risk by 23 times and take their eyes off the road for nearly five seconds at a time. At highway speeds, that’s enough time for a semi truck to travel more than the length of a football field. For at least one Missouri trucking company, the ban won’t make a difference because it already prohibits its truckers from texting on the job. A spokesman for Prime Inc., a central Missouri trucking company, said the company strongly supported the ban as a safety measure for everyone on the road. It might be difficult for state troopers to enforce the law, because it’s hard to see into truck cabins. A law enforcement spokesman said citations were most likely to occur after an accident, when police can go through phone records and find proof that the ban was violated.

Unfortunately, this is probably true. Nevertheless, as a St. Louis Accident Lawyer , I believe this ban will help keep drivers of all vehicles safe for a few different reasons. First and foremost, a legal ban on texting for commercial drivers ties those drivers’ jobs and livelihoods to compliance. If truckers are caught doing anything that violates federal safety rules, they can be penalized by the government, and that can lead to losing their jobs, their licenses or their careers. Furthermore, truck drivers who violate a federal rule are more likely to be found liable in any trucking accident lawsuit that grows out of an accident caused by texting while driving. When the federal government has already said that a behavior is unsafe, it’s much harder to argue in court that it is not. And for both reasons, employers are likely to make compliance an important in-house safety rule as well, reinforcing the importance of following the law.

Retained Items After Surgery Can Cause A Lot of Problems

AWolffjr@aol.com (Blog Author)25833 — Thu, 28 Jan 2010 08:00:00 EST

When you have surgery, the nurses are supposed to count sharps and sponges. Sometimes they get it wrong and things are left in the body that should have been removed when the surgery ended. We know the standard of care for this and know who is responsible for these mistakes which can cause a lot of pain and disability. If you've had an object left in you when it should've been removed, call us and we'll explain to you your rights. 314 584 4109

The Distracted Driving Act Of 2009

AWolffjr@aol.com (Blog Author)25721 — Tue, 26 Jan 2010 08:00:00 EST

It's about time! The Feds want to enact some legislation to punish states who still let people text while driving. While it is dangerous and impulsive to drive and use a keyboard, there's no doubt that who ever does it is trying to put a fire out with gasoline. How stupid is this. You take your eyes off the road to read your email. Come on! Remember when we didn't even have email? We all used drums to send messages thorough the hills. Seriously, this is good legislation and I urge you to write your representative in favor of this much needed legislation. A texting ban would be good karma.

87% of All Drivers Say They've Had A Close Call While Driving and Dialing

AWolffjr@aol.com (Blog Author)25605 — Mon, 25 Jan 2010 08:00:00 EST

If you hang up your phone, you'll never have an accident caused by you because you were distracted by your cell phone. But so many of us are unwilling to turn the phones off, here are some tips for driving and dialing. I don't advocate these practices but they are here for your review.

Careful When You Donate To Disaster Reilef

AWolffjr@aol.com (Blog Author)25569 — Sun, 24 Jan 2010 08:00:00 EST

The recent disaster in Haiti results in an outpouring of good will from folks wanting to help. This article gives you some good things to consider before making a donation. Know the recipient and keep the money with the people who need it the most and not the scammers.

Good Article Out of Vail For What To Do In A Ski Colliision

AWolffjr@aol.com (Blog Author)25565 — Sun, 24 Jan 2010 08:00:00 EST

Good tips out of Vail, Colorado about what happened there in a collision and what the victim is doing to find the person who skiied into her, knocked her down and skiied away.

Looks Like Sensors For Speed Cameras Are On The Way

AWolffjr@aol.com (Blog Author)25541 — Sun, 24 Jan 2010 08:00:00 EST

Speeding is one way that motorcycle, truck and vehicle accidental injuries occur. This article discusses how St. Ann is beginning an experiment to stop speeders when nobody is looking...with financial penalties.

Deaths Down On Missouri Roads

AWolffjr@aol.com (Blog Author)25317 — Wed, 20 Jan 2010 08:00:00 EST

Even though fatalities are down, it only takes one careless act to turn somebody's life upside down. Under the law, even though you may be driving with the highest degree of care, never assume that the other guy is. Livke the commercial says, drive defensively.

Concussion is the same thing as a mild brain injury

AWolffjr@aol.com (Blog Author)25229 — Tue, 19 Jan 2010 08:00:00 EST

Article equates concussion with a mild brain injury. The bottom line is to be careful coming back to your activites from a concussion.

Alvin Wolff attends Advanced Trial College In Denver In January 2010

AWolffjr@aol.com (Blog Author)25158 — Sun, 17 Jan 2010 08:00:00 EST

The AAJ Advanced Deposition College is something I would recommend to any lawyer who wants to improve his trial skills. This will apply in medical malpractice cases, vehicle, truck and other type of personal injury case.

Helmet's Save Lives

AWolffjr@aol.com (Blog Author)25148 — Sun, 17 Jan 2010 08:00:00 EST

It's usually not yourself that you should be worried about if you are an expert skiier. It is the other guy. Sort of like driving a car. Just because you are careful does not mean that the other guy won't be paying attention, be drunk, go out of control or worse and crash into you. Helmets save lives. If you have a sports injury, call a St. Louis Accident Attorney. 314-241-2500.

Reader Question

AWolffjr@aol.com (Blog Author)25133 — Sat, 16 Jan 2010 08:00:00 EST

There is a question regarding the constitutionality of malpractice caps in Missouri. The issue is whether a cap on a case of $350,000 for non economic damages discriminates against childeren and the elderly having equal access to courts.

Federal Government Appears to Be Concerned With BPA

AWolffjr@aol.com (Blog Author)25127 — Sat, 16 Jan 2010 08:00:00 EST

The FDA has indicated concerns about the potential effects of BPA on hte brain, behavior and prostate gland of infants, children and fetuses. Maybe a good time for us jocks to get a metal water bottle.

Tylenol Recall Widens

AWolffjr@aol.com (Blog Author)25126 — Sat, 16 Jan 2010 08:00:00 EST

Article listing drugs recalled on 1/15/10 including tylenol and motrin. (some not all)

Another Example Of How Seatbelts Work

AWolffjr@aol.com (Blog Author)25081 — Fri, 15 Jan 2010 08:00:00 EST

We have a lot of experience handling wrongful death and serious injury motor vehicle cases. Call 314-241-2500 if we can be of assistance.

Link To Missouri Supreme Court Kltoz Case-Constituitonality of Med Mal Caps

AWolffjr@aol.com (Blog Author)25049 — Thu, 14 Jan 2010 08:00:00 EST

Oral Argument-Missouri Supreme Court - Tests Constituionality of Caps In Missouri Malpractice Cases.

Cell Phones Contribute To About A Quarter of All Car Wrecks

AWolffjr@aol.com (Blog Author)24969 — Wed, 13 Jan 2010 08:00:00 EST

Cell phones cause a lot of personal injury. Laws need to me made for cell phone drivers and dialers to assume responsiblity for their actions. Link takes you to interesting article about this.

Why Sorry In Health Care Is So Hard To Say

AWolffjr@aol.com (Blog Author)24782 — Sun, 10 Jan 2010 08:00:00 EST

Why health care providers rarely say that they are sorry. There would be true medical malpractice reform if practitioners fessed up to their errors and omissions.

Internet Distractions On Dash Board

AWolffjr@aol.com (Blog Author)24701 — Fri, 08 Jan 2010 08:00:00 EST

Cell phone, texting, now the internet will be another item driving drivers to distraction. NY Times Article makes a good point. One does not need to watch television while driving. It is hard enough without all the naturally occuring distractions.

We Need Caps On Malpractice Cases For This?

AWolffjr@aol.com (Blog Author)24698 — Fri, 08 Jan 2010 08:00:00 EST

Don't assume that nursing homes have your best interest at heart. This is the tip of the iceberg. If you or a loved one has been injured in a nursing home, give us a call to see if we can help you. 314-241-2500.

Woman Suffocates In Tree Well at bottom of bowls in Steamboat

AWolffjr@aol.com (Blog Author)24648 — Thu, 07 Jan 2010 08:00:00 EST

Routt County accident lawyer handling ski accidental injuries for years. Call 970-870-8444 for more information.

Skier Missing. Search continues.

AWolffjr@aol.com (Blog Author)24551 — Wed, 06 Jan 2010 08:00:00 EST

An injury in skiing is like any other sports injury except when it becomes fatal. There is always a risk with skiing and when you ski, it is important to have a meeting place at the end of every run with your group so that ski patrol can be notified if someone goes missing.

Why Fatalities Are On the Increase When Drunk Driving Caused Deaths are Down

AWolffjr@aol.com (Blog Author)24510 — Tue, 05 Jan 2010 08:00:00 EST

Check out this site on tips on how you can become a safer driver and see what behaviours continue to contribute to motor vehicle fatalities. How you can decrease your risk and increase your responsibility.

Worker's Compensation Rates Have Been Falling Since 2005

AWolffjr@aol.com (Blog Author)24397 — Sun, 03 Jan 2010 08:00:00 EST

Workers Compensation rates continue to drop. There is an assumption that the rates are dropping because there are less claims.

Illinois Anticipates Supreme Court Ruling On Medical Malpractice Limits

AWolffjr@aol.com (Blog Author)24328 — Thu, 31 Dec 2009 08:00:00 EST

Residents in Madison County and St. Clair County Illinois as well as the rest of Illinois will have to wait for the Supreme Court ruling on the constitutionality of the caps enacted by the Illinois Legislature in 2005.

Ski Patrol Reports Are Like Police Reports

AWolffjr@aol.com (Blog Author)24265 — Wed, 30 Dec 2009 08:00:00 EST

Today, one of my house guests was knocked down by a skier and he hurt his hand. He will never make a claim against anybody because a report was not made. Usually when there is a car accident and there is no report, the parties will exchange information about how to contact one another for taking care of the property damage. On the ski hill, that is rarely, if ever done. If you think you may be hurt, because it may take 24 hours to figure out if you're hurt or not by your symptoms, either get the other party's information or make a report. You don't want to deprive yourself of the right to recover, even if no claim will ever be made.

Last year I was broadsided by a guy. Went up in the air and crashed down. I felt fine and was a nice guy about it. The next day and for the next several weeks I looked like Frankenstein when I walked. I had chriopractice and therapy. It took 4 months to recover. I shut myself out for failing to get the necessary information or have a ski patrol report prepared.

If you've been hurt in a ski sports injury in Routt County, call Alvin Wolff or contact him at awolffjr@aol.com

New York Times Medical Malpractice Articles

AWolffjr@aol.com (Blog Author)24112 — Tue, 29 Dec 2009 08:00:00 EST

The above link will provide you with some interesting readings from the New York TImes as it discusses and analyzes the medical malpractice debate.

Be Careful After A Big Snow

AWolffjr@aol.com (Blog Author)24041 — Mon, 28 Dec 2009 08:00:00 EST

Of all sports injuries, the big one is death. Last year in Routt County, several people suffocated after falling in tree wells after big snows. You fall in, you can't get out, you die. Be very careful with limited visibility in these dangerous conditions.

Pending Bill Lets Injured Worker Select Own Doctor In Missouri

AWolffjr@aol.com (Blog Author)23986 — Sun, 27 Dec 2009 08:00:00 EST

The pending bill would let an injured worker with a Missouri Worker's Compensation claim choose his or her own physician. This St. Louis Accident Lawyer belives that is essential that each and every one of you contact your representatives and urge for passage of this bill. You should also contact each member of the committee in the House and urge that the bill be sent out of committee to the House floor. There is no assumption that this bill will pass.

2 Breckenridge Skiers Have Died This Year Without Helmets

AWolffjr@aol.com (Blog Author)23972 — Sat, 26 Dec 2009 08:00:00 EST

Yesterday a 41 year old skier died. Last month an 11 year old died. Both hit trees. Neither were wearing helmets. What's the message? Wear your helmet! You only have one brain. Show some responsiblity and don't make the assumption that nothing will happen to you.

Can your cell phone be searched after an accident?

AWolffjr@aol.com (Blog Author)23959 — Sat, 26 Dec 2009 08:00:00 EST

This editorial is from the New York Times. It discusses a recent United States Supreme Court Case where it determined that the police need a search warrant to look at your cell phone in a situation where there is a need to search the phone such as after an arrest, traffic stop or accident. Don't risk the search, just say no until you talk to a lawyer.

Obesity and Prejudice

AWolffjr@aol.com (Blog Author)23950 — Fri, 25 Dec 2009 08:00:00 EST

I woke up with a question about how obese people fare in jury trials since I've had a tough time on these cases. With over 50 percent of the population overweight, this article talks about the hidden and overt prejudices that these folks can face when they have a personal injury. Everyone has prejudices against obese folks. Think about it. When you were a little kid picking kickball or dodgeball teams, who was picked last? If anybody has any answers to this question, please advise. Maybe because folks feel obese plaintiff's lack responsiblity? I don't know but I'm working on it.

Be Careful This Weekend

AWolffjr@aol.com (Blog Author)23882 — Wed, 23 Dec 2009 08:00:00 EST

Be careful this weekend. Arrive alive. Extra police will be out on road looking for drunks. What this means for you is that if you're drinking, there is an extra chance you may be pulled over and ticketed for dwi. This is very bad. You don't want this to happen...ever. This also means that your chances of having a personal injury are greater because there is an assumption that there will be more drunks on road, talking on cell phones, texting, not paying attention. For your families and for you, be safe and have a great holiday season!

Facebook Can Cost Your Case

AWolffjr@aol.com (Blog Author)23755 — Mon, 21 Dec 2009 08:00:00 EST

According to a Seattle lawyer, his client's Facebook postings cost him $20,000. The case invovled neck and back nagging residual injuries from a settlement. 30 days before trial, the lawyer received a stack of materials downloaded from Facebook which included snowboarding photos and an video of snowboard jumping at a fast speed. The insurance adjuster were used by the insurance company to reduce the claim value.

If you have a personal injury case with a St. Louis accident lawyer, you need to be aware that the insurance company will dig deep to fine information to damage your credibility and harm your case.

Pedestrian Injured by Cell Phone Vehicle Operator

AWolffjr@aol.com (Blog Author)23721 — Mon, 21 Dec 2009 08:00:00 EST

Did you know that if you are traveling 50 miles per hour that you are traveling 75 feet per second? It's no wonder that St. Louis Injury Attorneys stay busy with cell phone injury cases. This poor guy who was crossing the street was struck by a woman 23 who took her eyes off the road when she dropped her cell phone. Probably never knew what hit him and the woman probably said, "all of a sudden he came out of nowhere." Pay attention when you drive. That's also why there should be a texting ban.

Be Careful About Your Emails. They can constitute a settlement.

AWolffjr@aol.com (Blog Author)23674 — Fri, 18 Dec 2009 08:00:00 EST

The Missouri Court of Appeals has decided that emails traded back and forth can constitute a binding settlement. Be responsible when you send an email. The rule should be, don't put anything in an email that you wouldn't want to see on the front page of the New York Times. My dad, who practiced law for 58 years said: "A person who represents himself has a fool for a client." Hire a St. Louis Injury Attorney. Call Alvin Wolff at 314-241-2500.

Missouri Legislature Will Consider Banning Texting and Driving in 2010

AWolffjr@aol.com (Blog Author)23672 — Fri, 18 Dec 2009 08:00:00 EST

Next year you have the opportunity to let the legistlature know that you are or agains banning cell phone texting while driving. This St. Louis accident attorney has been instrumental in raising the public consciousness of this dangerous acitivity.

Sports Injuries and Assumption of the Risk

AWolffjr@aol.com (Blog Author)23613 — Fri, 18 Dec 2009 08:00:00 EST

We recently settled an eye injury case on behalf of a 12 year old who was playing hockey in a parent child game. A claim was made on the homeowner's policy and the case settled after a lot of negotiation. I contacted a jury reserach consulting company and they searched their data base for me. The research showed that the only cases that had a chance were where the venue of the game had something defective about it. Maybe it was a rotten fence or some hidden hazard on the property. All other injuries were for the defense because of the assumption of the risk doctrine. This means that when you play a competative sport, you are assuming the risk of injury that is a probable natural consequence of the sport. That is why people getting hit by foul balls at baseball games or being struck by a puck in the stands at a hockey game never result in a recovery.

Hospital Gets Publicity When Parilyzed Woman Sits At Home Awaiting Trial

AWolffjr@aol.com (Blog Author)23582 — Thu, 17 Dec 2009 08:00:00 EST

My client comes to this local hospital with a transichemic attack which is a mini stroke. The emergency room doctor admits her and orders a lot of tests. The tests are not done. Two doctors see her a day later and decide that she didn't have a tia. She goes home and has a massive stroke.
What do you think the hospital's responsiblity should be?

Third Party Claims

AWolffjr@aol.com (Blog Author)23527 — Wed, 16 Dec 2009 08:00:00 EST

When you have a workers compensation claim you are limited by statute as to the amount of your recovery. If a third party caused your injury, you may make a third party claim that does not have a statutory monetary recovery limit. This can occur in situations such as car wrecks or if you fall on somebody elses property and there is a dangerous condition on the land. There have also been instances where a defective product also caused an injury to an employee at work and a third party recovery was obtained. Call Alvin Wolff Jr. and Associates at 314-241-2500 to see if you have a third party claim.

All Driver's Duties When They Drive

AWolffjr@aol.com (Blog Author)23508 — Wed, 16 Dec 2009 08:00:00 EST

All drivers in all states have a duty to use the highest degree of care while operating a motor vehicle. Be it a truck, car or motorcycle, the right to drive is a privilege. If someone is eating, drinking, talking on their phone, texting, or putting on makeup that person has breached their contract with the citizens of the state in failing to use the highest degree of care. If you've been hurt because of somebody's carelessness, call Alvin Wolff Jr. and Associates at 314-241-2500. We have 30 + years of getting the job done for our clients.

Southbutt sued by Northface

AWolffjr@aol.com (Blog Author)23456 — Tue, 15 Dec 2009 08:00:00 EST

A recent case filing pits giant Northface against tiny Southbutt. This is a classic trademark infringement case where a large company is suing a small one. This is similar to a personal injury case where it's you versus a large insurance company. Think about it. How many buildings are named after you? How many buildings are named after the insurance company. Consider evening the playing field. The office of Alvin Wolff Jr. and Associates, with more than 30 years of experience will help you get the compensation you deserve. No recovery no fee. Call Alvin Wolff Jr. at 314-241-2500 and see if he and his office can help.

Caps Being Argued In Missouri Supreme Court On January 14, 2010

AWolffjr@aol.com (Blog Author)23455 — Tue, 15 Dec 2009 08:00:00 EST

Early in 2010, the Missouri Supreme Court will hear arguements in a case where the non economic damage cap of $350,000 will be at issue. It is my hope that this arbitrary limit will be stricken as unconstitutional. These limits which came into being at the beginning of the Blunt administration have severely restricted the ability of many Missouri citizens to get lawyers in Missouri medical malpractice cases. If you've been injured by a careless doctor, nurse or other health care provider, call Alvin Wolff Jr. at 314-241-2500. With more than 30 years of experience, they will help you determine if you have a case or not and help you get the compensation you deserve.

Car / Auto / Motorcycle Insurance

AWolffjr@aol.com (Blog Author)23348 — Mon, 14 Dec 2009 08:00:00 EST

Woman Sues For Surgery To Wrong Part Of Body

awolffjr@aol.com (News Author)13212 — Wed, 03 Mar 2010 08:00:00 EST

The amazing part of this whole story is that these insurance companies really don't appear to care at all about the doctor they insure or the people that are hurt. I gave these folks over 2 months to get their act together on this one and make a reasonable settlement offer. Mistakes happen. With one's like this, the insurance company should be over with a blank check but that did not occur here. Finally my client was offered $10,000 after suit was filed. A press release about the case was sent and I was accused of trying to blackmail the doctor. My opponent should have read the report which did not name the doctor at all.

I was trying to highlight the fact that these insurance companies do very little or nothing at all, even when they owe something on the case. The offer was less than the doctor will lose in revenue for two days of trial even though it is a condition that my client will live with forever! The news report is listed below.

KSDK -- A Ballwin woman has filed suit against a surgeon who she says operated on the wrong part of her elbow.

Barbara Grace says she has mobility problems with her elbow since the procedure on May 1, 2008.

Grace said she had significant problems with the inside of her left elbow and for some time was treated by her orthopedic surgeon and had physical therapy. When surgery was performed nearly two years ago, Grace's suit alleges that despite his knowledge of her condition, the physician operated on the outer portion of her elbow, not the inside of the elbow (medial epicondyle) surgery that was ordered.

Her lawyer, Alvin Wolff, Jr. said the defendants, Mid-County Orthopedic Surgery and Sports Medicine and Creve Coeur Surgery Center, LLC, had over two months to resolve the matter. A deadline was set for March 1 before a suit would be filed.

The suit alleges that employees of the surgery center stood by as the doctor performed the wrong operation and did nothing to prevent it. It also claims the wrong type of surgery was put on the surgery schedule by employees at the center.

Wolff did say the surgeon issued an apology to Grace about the mistake soon after it was realized.

Grace's suit seeks $25,000 together with costs and interest.

Click here to read the lawsuit

Tad Eckenrode is the attorney representing the physician. He tells NewsChannel 5 that since the suit was filed today, he is still looking it over. He said he had anticipated the suit was coming.

KSDK

Alvin Wolff Appears On Channel 5 News To Discuss Book

awolffjr@aol.com (News Author)13189 — Tue, 02 Mar 2010 08:00:00 EST

St. Louis Accident Lawyer Alvin Wolff jr. was interviewed on KSDK on 3-2-2010 on the noon news. He was interviewed about cycling and rights of the riders. He also discussed his new consumer protection book.

Dannon Yogurt Settlement

awolffjr@aol.com (News Author)13071 — Thu, 25 Feb 2010 08:00:00 EST

Dannon Settles Class-Action Suit Over Yogurt Benefits

Dannon agreed to settle a class-action lawsuit earlier this week brought by consumers over claims that Dannon falsely advertised the health benefits of its yogurt. The $45 million settlement will be available to consumers as rebate checks up to $100. As part of the settlement, Dannon agreed to remove the words "clinically" and "scientifically proven" from labels and advertisements of Activia yogurt. James F. McCarty, Cleveland Plain Dealer 02/23/2010

Read Article: Cleveland Plain Dealer

Representative Murtha Dead From Gallbladder Surgery Complications

awolffjr@aol.com (News Author)12724 — Tue, 09 Feb 2010 08:00:00 EST

Maybe Congress will take a different look at tort reform now that one of their own is dead at the hands of a surgeon. The leading and longest ranking member from Pennsylvania is dead following a cut intestine that occurred during a gall bladder surgery. He was sent home and was back to the hospital two days later from an infection. Something like this should not have occured. It is not negligence to cut the intestine; these things happen. But, to not recognize it for two days may be a horse of a diffenent color.

Alvin Wolff Jr. To Speak At St. Louis Bike Swap

awolffjr@aol.com (News Author)12471 — Fri, 29 Jan 2010 08:00:00 EST

The St. Louis Bike Swap is on 1-31-2010 at 10:15 in Collinsville, IL. I will be speaking there on a variety of topics ranging from what to do when you're in an accident to protect your rights and how to go about hiring a lawyer. You will also have an opportunity to pick up some new gear or a bike at some pretty good prices. Hope to see you there!

Alvin Wolff Attends Advanced Deposition College In Denver

awolffjr@aol.com (News Author)12141 — Sun, 10 Jan 2010 08:00:00 EST

Alvin Wolff Jr. is attending the National College of Advocacy for 4 days of intensive training in taking depositions. This will be cutting edge techniques that have become necessary in this increasingly convervative courtroom environment.

The key to a deposition of a defendant is getting the defendant to admit guilt. This course is designed to assist the attorney in getting this crucial information which makes gettting settlements less difficult.

Ambitious Plan For New Trails In St. Louis Area

awolffjr@aol.com (News Author)11906 — Sat, 26 Dec 2009 08:00:00 EST

We can look forward to many new bike trails in the future. This article gives you the description. Hopefully you will be safe and won't need a St. Louis Accident Lawyer.

What can happen when your lawyer doesn't know what he's doing.

awolffjr@aol.com (News Author)11874 — Wed, 23 Dec 2009 08:00:00 EST

The court can always question a witness. Here the court of appeals thought it went a little too far. The judge took over the questioning of the plaintiff's expert in a wrongful death case, but never asked questions about whether the negligence was the "proximate cause" of the death. The moral of the story is make sure you have a qualified lawyer handle your case. If we can help you with your wrongful death case, call us at 314-241-2500.

Attorney Alvin Wolff suggests a ban of cell phones on roads.

awolffjr@aol.com (News Author)11777 — Sat, 19 Dec 2009 08:00:00 EST

Alvin Wolff wants cell phones banned while driving.