Attorney Blog

Sorry Seems To Work In Hospital Malpractice Cases

blog@www.stlouismissouriaccidentlawyer.com (news Author)17444 — Thu, 02 Sep 2010 08:00:00 EST

This article discuss statistics that confirm apoligies work; less people sue and if they do settlements are quciker and for less money.

Hip Implant Recall Announced

AWolffjr@aol.com (blog Author)38023 — Fri, 27 Aug 2010 08:00:00 EST

Several hip implants have been recalled due to early failures. The recall involves a hip resurfacing implant and a full implant. If you have any concerns, call your doctor. If there turns out to be a problem requiring a redo, call us for resources and help. Having had a hip implant 11 years ago, I can relate to what you're going through.

Motorcycle - Pothole Lawsuit settled for $270,000

blog@www.stlouismissouriaccidentlawyer.com (news Author)17217 — Tue, 24 Aug 2010 08:00:00 EST

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Lawsuit Over Pot Hole Accident Settled In Missouri

Jackson County, Mo., has agreed to a $270,000 settlement in a lawsuit filed by a motorcyclist who crashed his bike in a pot hole last summer. Derek Jackson was riding his motorcycle in east Jackson County when he pot hole ankle-deep and as wide as his arms, his lawsuit claims, suffering serious injuries. The suit alleges the county was previous aware of the dangerous pot hole but had done nothing to fix it. Michael Mansur, Kansas City Star 08/23/2010

Read Article: Kansas City Star

Lawyer's Letter In Post Confirms Difficulty In Malpractice Cases

blog@www.stlouismissouriaccidentlawyer.com (news Author)16850 — Mon, 09 Aug 2010 08:00:00 EST

Attorney, Alvin Wolff Jr., responds to Post Dispatch, Wrong Sided Surgery article.

New Work Comp Decision Revives Claims Against Co Employees

blog@www.stlouismissouriaccidentlawyer.com (news Author)16766 — Thu, 05 Aug 2010 08:00:00 EST

If you had a Worker's Compensation case in the last 5 years that occurred because of a co employee's negligence, a new case allows you to bring that claim in civil court outside of the worker's compesation claim. So...if your lawyer told you that you could not bring your claim, you may want to have another look. The case is called Robinson v. Hooker and you can read the case on the link that is associated with this notice.

Wrong Sided Surgery-A Problem With Little Accountability

blog@www.stlouismissouriaccidentlawyer.com (news Author)16661 — Sun, 01 Aug 2010 08:00:00 EST

This article highlights the problems a consumer faces when trying to research a doctor. Before surgery, make sure the area operated on is conspicuously marked. Avoidable mistakes happen. They cause serious injuires. Be proactive and prevent being a victim. Remember most health providers are really great. Any quetions about any doctor or facility, call Alvin Wolff at 314 5844109. I may help you find out something you cannot find out for yourself.

New Practice Allows Patients Access of Medical Records

blog@www.stlouismissouriaccidentlawyer.com (news Author)16638 — Fri, 30 Jul 2010 08:00:00 EST

A trial program in Boston is allowing patients access to their medical records. I have seen many situations where the medical chart is just plain wrong with many errors. Some important and some insignificant. This article explains how it will work at Harvard.

Verizon Ampitheatre Raises Water Prices When It's Hot Outside

AWolffjr@aol.com (blog Author)36161 — Fri, 30 Jul 2010 08:00:00 EST

Verizon raising water prices when it is hot outside is like raising hospital prices when there's a health emergency. Something does not seem right, even though it is legal.

Biking

AWolffjr@aol.com (blog Author)35605 — Thu, 22 Jul 2010 08:00:00 EST

The Tour De Steamboat was held in 95 degree heat on 7-17-2010 in Steamboat Springs, Colorado. The ride was 110 miles over 3 mountain passes that included 3 mountain passes. I'm happy to report finishing the ride. The hardest part was Gore Pass which was 6 miles on an 11% grade between mile 49 and mile 55. It was tough.

Download my free guide on bike injuries and laws in Missouri.

With The Gulf Disaster-Tort Reformers Don't Look So Smart

blog@www.stlouismissouriaccidentlawyer.com (news Author)16114 — Mon, 12 Jul 2010 08:00:00 EST

The gulf is imperiled. The marshes are silent. Who is going to pay for this mess. There is a 75 million dollar cap on these catastrophies. Doesn't seem fair does it. Now that your ox is the one gored, it really doesn't seem fair to put caps on damages does it? Maybe the pendulum will swing the other way.

Brachial Plexus Birth Injuries

AWolffjr@aol.com (blog Author)34520 — Fri, 02 Jul 2010 08:00:00 EST

Brachial plexus injuries are sometime caused at birth by the doctor pulling too hard on the baby's head when it is in a position where it is not safe to do so. These cases are vigorously defended in three ways: 1. The injury occured before the doctor was involved in that the natural forces of labor caused the injury ;2. There was no shoulder dystocia which is where the baby was hung up; 3. It was necessary to save the baby's life.

These medical malpractice cases are all winnable if your lawyer takes the time to know the record and the medicine. We have handled these cases sucessfully over the last 30 years. Give us a call at 314-584-4109.

The 4th of July Means Fireworks

AWolffjr@aol.com (blog Author)34484 — Thu, 01 Jul 2010 08:00:00 EST

I'm 55. When I was a kid, firecrackers were fun. Bottle rockets were fun. They probably still are but my reflexes aren't as fast as when I was 12. I get my kicks from fireworks now from a distance. If you or your kids are playing with fireworks over the next few days, make sure that you practice and teach safe handling techniques. No blown off fingers, hearing loss or blindness please. Have a happy and safe 4th.

VA Dental Claims

AWolffjr@aol.com (blog Author)34380 — Wed, 30 Jun 2010 08:00:00 EST

It appears that the VA has confessed to using unsanitary dental equipment. I'm in the unique posiiton of having a wife as a dentist and I have great access to experts in this field. If you are a VA patient and you've been harmed from the dental clinic, give me a call at 314-584-4109. There is responsibility and accountability here.

Making Premises Safer

AWolffjr@aol.com (blog Author)33758 — Sat, 19 Jun 2010 08:00:00 EST

A little over a month ago, I was injured crossing some railroad tracks in Steamboat Springs, Colorado on my bicycle.
The railroad ties were separated by a one inch gap that was a foot long and 8 inches deep. My tire stuck in the gap and I flew off my bike, landing on my shoulder. Having lititgated with the railroad before, I sent pictures to my contact at the railroad and yesterday I was notified that the crossing was being rebuilt to correct the dangerous condition.

If you see something that looks unsafe, it probably is. It is best to report it to whomever has control over its upkeep.

This way, dangerous conditions are documented and more importantly, somebody may do something about it and prevent harm.

Medication Errors

AWolffjr@aol.com (blog Author)33453 — Tue, 15 Jun 2010 08:00:00 EST

I have a client who is paralyzed because a hospital nurse unhooked the blood thinner he was supposed to be getting. The drug that was supposed to prevent him from having a stroke was abruptly discontinued and he had was is called a rebound effect which caused him to have a major stroke. As a result his life's path has been drastically altered. He was being evaluated for a heart transplant...that's out. He was working two jobs...that's out.

Here's where I come in. There was an 1800 page medical record. There was one reference to what occurred. I found it. I obtained experts from Vanderbilt and Harvard. He will get justice although the money is never worth the injury.

If you've had an experience like this, give me a call for a free consultaion. 314-584-4109.

Alvin Wolff to speak at Big Shark Bicycles on June 7, 2010 at 8pm

blog@www.stlouismissouriaccidentlawyer.com (news Author)15333 — Thu, 03 Jun 2010 08:00:00 EST

Working Through The Injury

AWolffjr@aol.com (blog Author)32402 — Fri, 28 May 2010 08:00:00 EST

Last week I wrote about being able to related to my clients due to a shoulder injury. It's now 5 days out. Function returns a little each day although I cannot move my arm to the side without help. On Tuesday I saw an orthopedist who performed range of motion tests on me. He sent me for an MRI arthorgram which was painless but required me to be in a noisy confined tube for about 30 minutes. I have a small rotator cuff tear and I am in physical therapy. I've been given 3 exercises to do 2-4 times a day. I am doing them and it's easier to do them in water. Fortunately I'm back to bike riding but my movement is very tender. There are things I cannot do it is frustrating.
If you're in this situation, I feel your pain. Give me a call at 314 5844109 and let's talk.

when an accident happens

AWolffjr@aol.com (blog Author)32037 — Sat, 22 May 2010 08:00:00 EST

it's 3 am the morning after my bike wreck. the pain medicine has worn off. i'm waiting for the next dose to kick in so i can go back to sleep. the facts of the crash keep repeating in my mind; going over the railroad tracks and my bike wheel goes into a crack parallel to my direction cauing the bike to stop and then causing the bike and me to flip. i land on my left arm and then hear my helmet crack on the road. lying there dazed, i pull myself up and know i'm in pain. three emt attendants see me in the street and start assessing me for head injury. it's not my head, it's my arm. i have plans for my arm, lots of them. i need it to train for my ms 150 ride, i need it for golf, i need it for typing so i can capitalize letters; i feel these plans are dashed. what's going to happen to me? an ambulance takes me to the emergency room. in rapid sequence i see the person who wants to know how they're getting paid. now the adreneline is wearing off and the pain takes over. my fingers are numb and i start crying. i go to another room and see the triage nurse, then the er doctor, then to xray, then the er doctor and the orthopedist. i am told no broken bone...maybe a rotator cuff tear. i think not. it feels lower like a triceps or a deltoid muscle. time will tell. i'm given a pain pill and a tetanus shot. my arm is put in a sling and i go out the door wondering what's next?
if this is happening to you, i may be able to help and...i feel your pain.

will i make a claim? it's too soon to tell. i need more information about the nature and extent of my harm. i do know going to cleveland for depositions on monday with a dead arm will be no picnic.

i know the attorney for the railroad and i put him on notice of the dangerous condition and my accident. i photographed the defect while waiting for the ambulance. it looks like i'll be doing a lot of waiting for the near future.

when the lawyer gets in a bike wreck

AWolffjr@aol.com (blog Author)32038 — Sat, 22 May 2010 08:00:00 EST

Distracted Drving Ban Fails (Again) In The Missouri Legislature

AWolffjr@aol.com (blog Author)31742 — Tue, 18 May 2010 08:00:00 EST

Deaths and injuries are up from distracted drivers. The Missouir Legislature does nothing about it. If you're hurt from a distracted driver, we can help. Give us a call.

Hospital Accountability: Where is it?

AWolffjr@aol.com (blog Author)31669 — Mon, 17 May 2010 08:00:00 EST

A recent story in the St. Louis Post Dispatch recounts how a doctor lost his hospital privileges but managed to keep his record clean. When confronted in the past about a dangeours doctor and asking about why he remains on staff, I was told by the risk manager that:'He makes us a lot of money,"

Money, the driving force behind many health care institutional decisions. Fear of being sued, another driving force.

Consequently, since the institutions won't accept accountablility, lawyers like me have to pull the bus with a lawsuit until something changes. It's hard work; it's frustrating; it's sometimes rewarding, but you'll never get justice on your own.

These institutions are unwilling or unable to just say: "we made a mistake", pay up and move on. They'd rather put up a chinese wall.

Recently, I asked the number two person at the hospital where my client suffered a serious, disabling and disfiguring leg injury if losing the entire anterior calf muscle was a permanent injury. Mind you, this lady had 11 years under her skirt as a critical care nurse. Her sickening and sad reply was: "I don't know."

This is what we deal with and we overcome in representing malpractice clients. If we can help you, call us at 314-584-4109.

Helmets don't do any good unless you fasten them.

AWolffjr@aol.com (blog Author)31243 — Mon, 10 May 2010 08:00:00 EST

Here's a report on KSDK about a man who died after losing control of his motorcycle and his helmet came off before he went down. It is more likely than not that he failed to close his helmet. I hear many excuses about why helmets shouldn't be worn. This guy lost his life probably because his helmet came off. What a waste. If you ride, make sure you have a DOT helmet and make sure you fasten it. Arrive alive.

Show Me St. Louis Features Alvin Wolff

blog@www.stlouismissouriaccidentlawyer.com (news Author)14597 — Sat, 08 May 2010 08:00:00 EST

See St. Louis Accident Attorney Alvin Wolff talk about bicycling and the St. Louis Senior Olympics.

Alvin Wolff podcast

blog@www.stlouismissouriaccidentlawyer.com (news Author)14415 — Thu, 29 Apr 2010 08:00:00 EST

Cell Phones Texting Fatal Distractions

AWolffjr@aol.com (blog Author)30752 — Thu, 29 Apr 2010 08:00:00 EST

The link to this article is good for parents who are concerned about their children texting while driving.

The Top Five Vital Signs To Watch After Surgery

AWolffjr@aol.com (blog Author)30634 — Tue, 27 Apr 2010 08:00:00 EST

Blood pressure-low blood pressure is an indication of internal bleeding.

PT/PTT/INR-helps assess the body's ability to clot or bleed

Intake and output-these are significant in identifying bleeding

sp02-oxygen saturation should be above 90% . O2 deprivation could alert to breathing problems or looming brain damage from inadequate oxygen supply.

creatinine/BUN-tells you how well the kidneys are working. Creatinine measures the amount of waste in blood and urine. BUN measures the amount of nitrogen (which comes from waste) is in the blood. This can indicate how well your kidneys are working , how the heart is functioning or other problems.

Hospitals are notoriously understaffed or staffed with inexperienced workers. Pay attention. The vital signs that you are watching may save your life or somebody elses. Just another set of eyes and ears to watch over and protect yourself and the people you care about.

Missouri Supreme Court Tackles Malpractice Issues

AWolffjr@aol.com (blog Author)30201 — Tue, 20 Apr 2010 08:00:00 EST

Missouri Supreme Court Hearing Arguements about Missouri Medical Malpractice and Tort "Reform" Laws

Ann Spradling, et al. v. SSM Health Care St. Louis, SC90613, has challenged the Missouri medical malpractice provision that requires a plaintiff to a file written opinion from a doctor “practicing substantially the same specialty” as the defendant doctor. This means until a doctor has reviewed all the records and signed an affidavit saying there was negligence, you cannot file a lawsuit because it will be dismissed. Doctors are the only class of defendants who get this special treatment. This requirement sets the bar for getting into court higher than what is needed as evidence in a case to get to a jury. However, the requirement that the expert is from the same specialty puts an extra burden, as many doctors are qualified to give opinions even though they are not denoted as a specialist in a certain area.For the same reason, a nurse, even though he or she can't testify as to causation in court, would have to state causation in the affidavit. It makes no sencse. The Plaintiff in the Spradling case is claiming that the higher standard to maintain Missouri medical malpractice lawsuit interferes with her access to the courts.

The second case, Edith C. Deck v. Delmar Teasley, SC90628, deals with an issue regarding the amount of medical bills admissible as damages at trial; the amount billed by health care providers or the reduced amount an insurer pays to satisfy the bill. Again, this is a constitutional argument of a right to a trial by jury. The Eastern District has already settled the matter in allowing the amount billed to go before the jury, the Western District of Missouri has held otherwise. Hence, the Missouri Supreme Court will probably resolve this issue once and for all.

Feds Consider Gas Funds For Bike Paths

AWolffjr@aol.com (blog Author)30121 — Sun, 18 Apr 2010 08:00:00 EST

There is a movement to increase Federal funding for bicyclists and walkers. As green methods of transportation, more money will be available in the future for the making and maintenance of bicycle lanes. Write your representatives in support of this. For the detractors who say gas tax money shouldn't be used for bikers because bicyclists don't pay the tax, tell them to get a grip. Does gambling money from the boats go to the schools because the children gamble. Does all the cigarette tax money go to medical care because all people smoke? Of course not.

Feds Consider Gas Funds For Bike Paths

AWolffjr@aol.com (blog Author)30122 — Sun, 18 Apr 2010 08:00:00 EST

Tips on What To Do After A Bicycle Crash

AWolffjr@aol.com (blog Author)30140 — Sun, 18 Apr 2010 08:00:00 EST

Here are ten useful tips of advice from a bicycle accident lawyer to follow if you have been in an accident. You can also learn more about how to handle a bicycle accident in St. Louis, or any city, by calling the Law Offices of Alvin Wolff Jr. at any of the numbers which can be found on our website at http://www.alvinwolff.com and learning how we can assist you.

Obviously, if you have had an accident, and you are reading all of this advice, it’s probably been at least a few days since the accident. However, if it’s only been a few hours or if you ever have another accident, here’s what you should do the next time from the start.

First, take a look around and determine if you or anyone, are hurt. If so, taking steps like trying to prevent further injury or loss of blood are the most important thing you can do. Even if some other driver caused you to be injured, it’s just good manners to help the other driver if they are hurt. They may even be so thankful that they admit their fault to you. The worst thing you can do is get angry or start a fight.

Second, make sure everyone is safe from being injured further. If you are in the middle of traffic, and you are dizzy, sit down away from traffic. If your bike is a traffic hazard, get the bike out of the road. Let the police an other emergency personnel investigate the scene with other vehicles in place and move them more safely at a later point.

Third, call the police. Accident reports are extremely helpful if the police will do such a report. Let the police know you are injured immediately. Answer the police questions honestly. But if you are dazed or confused, let them know you need medical treatment and answer only what you feel sure about. Remember, your statements can and will be used against you if you admit fault, and it will be too late and too fishy to later say you didn’t know what you were saying at the scene. Police, insurance companies and juries know that your best recollection is immediately after an accident.

Fourth, get the other driver’s information including their names, addresses, driver’s license numbers, make and model of their vehicles, license plate numbers, and their insurance company name and policy number. If there are witnesses, get their names, addresses and telephone numbers as well. If the other driver makes any admissions of fault, write those down as well.

Fifth, if you have a camera on your cell phone and you aren’t too injured, take some photos of the vehicles and the scene. If you can’t do it right away, do it after you are released from the hospital.

Sixth, if you are hurt, obtain medical treatment. Don’t decline the ambulance or hospital examination to save your insurance company money or to be stoic. Take your valuables off of your bike if you can and get checked out at the hospital. If you are not hurt, don’t get treatment you don’t need. However, remember, after an accident, you may feel a rush of adrenaline that causes you to only start feeling symptoms of pain a few hours later. If you have a health plan that requires you to obtain permission first, call them and find out where you are allowed to seek treatment.

Seventh, call a good bicycle accident lawyer as soon as you have had your initial treatment, so the attorney can gather other important evidence and prevent the insurance company from taking advantage of you and obtaining such things as recorded statements that you feel fine, when many of your symptoms have yet to manifest themselves. A good bicycle accident lawyer can save you from making a great deal of mistakes and can shoulder much of the hassle of knowing what to do about car repairs, car rentals, medical treatment, witness statements and the like. If you think you will save money by not having an attorney, think again. A good motorcycle accident lawyer can almost always obtain much higher settlements, obtain reductions of medical bills and insurance liens and prevent you from making costly mistakes. Also, most bicycle accident attorneys advance costs of obtaining police reports, medical records and the like and are paid and reimbursed for these costs only out of any settlement.

Eight, you will need to report the accident to your insurance company, but since they will want to take a recorded statement from you, just like any other driver’s insurance company, it’s good advice to retain an attorney first. And if the other driver did not have insurance, remember that it is your own insurance company that will be your adversary. You will also need to report the accident to the Department of Motor Vehicles and your lawyer can give you the form for this.

Ninth, do not agree to settle your claim privately with the person at fault for the accident. This almost never works out to your advantage. Don’t agree not to call the police. Police reports that determine the fault for an accident are golden. Your agreement to not involve the police only affords an opportunity for the other driver to change his story and blame you when the police will no longer investigate the accident.

Tenth, don’t pay a traffic ticket without a fight if you weren’t at fault or agree to accept a small payment for your vehicle repairs without knowing that the amount will in fact cover the cost of all the repairs.

If you’ve had a bicycle accident in the St. Louis Metro Area, St. Charles, St. Peters, Jefferson County, Franklin County, Wasington County, Lincoln County, we have the knowledge and resources to be your St. Louis Motorcycle Accident Lawyer and your St. Louis Bicycle Accident Attorney. Be sure to hire a St. Louis law firm with auto, motorcycle, truck, bicycle, pedestrian, car, bus, train, boat and airplane accident experience, wrongful death experience and insurance law expertise who can ensure you are properly represented and get the compensation you deserve.

Big Settlement in Dram Shop Case

blog@www.stlouismissouriaccidentlawyer.com (news Author)14058 — Wed, 14 Apr 2010 08:00:00 EST

A mutimillion dollar settlement was reached in a wrongful death case against a Sunset Hills Police officer and O'Leary's in South St. Louis County. The office was intoxicated and what is significant is that the bar contributed to the settlement as showing some responsibility for the deaths. The plaintiff's have an extremely high burden of proof int these types of cases in that they have to show by clear and convincing evidence that the bar knew or should have know of the patron's intoxication and it either continued to serve alcohol or let her leave and drive when it knew or should have known that she was drunk at the time. Interesting article that you can access by pasting the url into your browser.

Man killed on motorcylce by driver not paying attention.

blog@www.stlouismissouriaccidentlawyer.com (news Author)14059 — Wed, 14 Apr 2010 08:00:00 EST

Another motorcyclist is dead because the driver who ran into him was not paying attention. Paste the link into your browser for more information. We handle these types of cases. Wrongful death and motorcycle accidents.

Man killed on motorcylce by driver not paying attention.

blog@www.stlouismissouriaccidentlawyer.com (news Author)14060 — Wed, 14 Apr 2010 08:00:00 EST

Girl killed on bike not wearing helmet.

blog@www.stlouismissouriaccidentlawyer.com (news Author)14038 — Tue, 13 Apr 2010 08:00:00 EST

This tragic death of a six year old, killed while riding her bicycle is a good reason why all riders should have helmets. This article from the post shows a farily innocent action can result in an unexpected and tragic death.

Girl killed on bike not wearing helmet.

AWolffjr@aol.com (blog Author)29896 — Tue, 13 Apr 2010 08:00:00 EST

Children need to wear helmets when they ride bikes. This article describing the untimely death of a 6 year old, killed in her own neighborhood, says it all. Parents should not assume that just because a child is in the neighborhood playing that the child is safe. Bikes are dangerous. Trucks are dangerous. Things happen. Show some responsiblity for your kids. This is why children have parents. Protect your little ones from personal injury and death.

Tips on What To Do After A Motorcycle Crash

AWolffjr@aol.com (blog Author)29816 — Sun, 11 Apr 2010 08:00:00 EST

Here are ten useful tips of advice from a motorcycle accident lawyer to follow if you have been in an accident. You can also learn more about how to handle a motorcycle accident in St. Louis, or any city, by calling the Law Offices of Alvin Wolff Jr. at any of the numbers which can be found on our website at http://www.alvinwolff.com and learning how we can assist you.

Obviously, if you have had an accident, and you are reading all of this advice, it’s probably been at least a few days since the accident. However, if it’s only been a few hours or if you ever have another accident, here’s what you should do the next time from the start.

First, take a look around and determine if you or anyone, are hurt. If so, taking steps like trying to prevent further injury or loss of blood are the most important thing you can do. Even if some other driver caused you to be injured, it’s just good manners to help the other driver if they are hurt. They may even be so thankful that they admit their fault to you. The worst thing you can do is get angry or start a fight.

Second, make sure everyone is safe from being injured further. If you are in the middle of traffic, and you are dizzy, sit down away from traffic. If your vehicle is a traffic hazard and you have accident warning devices like flares or triangles, put them out on the road to warn other drivers and get away from the car. Let the police an other emergency personnel investigate the scene with the vehicles in place and move them more safely at a later point.

Third, call the police. Accident reports are extremely helpful if the police will do such a report. Let the police know you are injured immediately. Answer the police questions honestly. But if you are dazed or confused, let them know you need medical treatment and answer only what you feel sure about. Remember, your statements can and will be used against you if you admit fault, and it will be too late and too fishy to later say you didn’t know what you were saying at the scene. Police know that your best recollection is immediately after an accident.

Fourth, get the other driver’s information including their names, addresses, driver’s license numbers, make and model of their vehicles, license plate numbers, and their insurance company name and policy number. If there are witnesses, get their names, addresses and telephone numbers as well. If the other driver makes any admissions of fault, write those down as well.

Fifth, if you have a camera on your cell phone or in the car and you aren’t too injured, take some photos of the vehicles and the scene. If you can’t do it right away, do it after you are released from the hospital.

Sixth, if you are hurt, obtain medical treatment. Don’t decline the ambulance or hospital examination to save your insurance company money or to be stoic. Take your valuables out of your car if you can and get checked out at the hospital. If you are not hurt, don’t get treatment you don’t need. However, remember, after an accident, you may feel a rush of adrenaline that causes you to only start feeling symptoms of pain a few hours later. If you have a health plan that requires you to obtain permission first, call them and find out where you are allowed to seek treatment.

Seventh, call a good motorcycle accident lawyer as soon as you have had your initial treatment, so the attorney can gather other important evidence and prevent the insurance company from taking advantage of you and obtaining such things as recorded statements that you feel fine, when many of your symptoms have yet to manifest themselves. A good motorcycle accident lawyer can save you from making a great deal of mistakes and can shoulder much of the hassle of knowing what to do about car repairs, car rentals, medical treatment, witness statements and the like. If you think you will save money by not having an attorney, think again. A good motorcycle accident lawyer can almost always obtain much higher settlements, obtain reductions of medical bills and insurance liens and prevent you from making costly mistakes. Also, most motorcycle accident attorneys advance costs of obtaining police reports, medical records and the like and are paid and reimbursed for these costs only out of any settlement.

Eight, you will need to report the accident to your insurance company, but since they will want to take a recorded statement from you, just like any other driver’s insurance company, it’s good advice to retain an attorney first. And if the other driver did not have insurance, remember that it is your own insurance company that will be your adversary. You will also need to report the accident to the Department of Motor Vehicles and your lawyer can give you the form for this.

Ninth, do not agree to settle your claim privately with the person at fault for the accident. This almost never works out to your advantage. Don’t agree not to call the police. Police reports that determine the fault for an accident are golden. Your agreement to not involve the police only affords an opportunity for the other driver to change his story and blame you when the police will no longer investigate the accident.

Tenth, don’t pay a traffic ticket without a fight if you weren’t at fault or agree to accept a small payment for your vehicle repairs without knowing that the amount will in fact cover the cost of all the repairs.

If you’ve had a motorcycle accident in the St. Louis Metro Area, St. Charles, St. Peters, Jefferson County, Franklin County, Wasington County, Lincoln County, we have the knowledge and resources to be your St. Louis Motorcycle Accident Lawyer and your St. Louis Motorcycle Accident Attorney. Be sure to hire a Missouri law firm with auto, motorcycle, truck, bicycle, pedestrian, car, bus, train, boat and airplane accident experience, wrongful death experience and insurance law expertise who can ensure you are properly represented and get the compensation you deserve.

Bike Riding In The Dark

AWolffjr@aol.com (blog Author)29653 — Thu, 08 Apr 2010 08:00:00 EST

It's very tempting to ride in the early morning before work and after work when it's dusk or dark. Remember that car and truck operators are more distracted with cell phones, pdas and other types of other things taking their attention off of the road. Pay attention to what is in front of you by making sure you make eye contact with the driver. If you can't see their eyes, move over. Also wear reflective clothing and get some lights for your bike as well as reflectors. Do everything you can to show that you are a moving target.

Bike Riding In The Dark

AWolffjr@aol.com (blog Author)29654 — Thu, 08 Apr 2010 08:00:00 EST

Wrongful Death Case Filed Against Cop For Fatal Push

blog@www.stlouismissouriaccidentlawyer.com (news Author)13941 — Wed, 07 Apr 2010 08:00:00 EST

A wrongful death suit was filed against the Overland police officer who shoved a man down a flight of steps and then left the scene. I predict punitive damages will be assessed here which is a rare occurrance.

Make Sure That You Pay Attention In The Hospital

AWolffjr@aol.com (blog Author)29588 — Wed, 07 Apr 2010 08:00:00 EST

When you're in the hospital, many people are taking care of you. There can be no or little communication between them. It is easy for you to be overdosed or miss an important test. That is why it is extremely important for you and your family to be vigilent while you're in the hospital. Things happen that shouldn't; overdoses, wrong sided surgery, wrong medicines given, harmful tests done. All I can say about this is pay attention. If you don't nobody else may either. If you're the victim of medical malpractice call us at 314 584 4109.

Baby Slings Recalled

AWolffjr@aol.com (blog Author)28836 — Wed, 24 Mar 2010 08:00:00 EST

Read the above article about baby slings. This is a safety risk for suffocation and may concern you if you have a newborn.

Missouri Supreme Court Rules on Constitutionality of Tort Reform

AWolffjr@aol.com (blog Author)28799 — Tue, 23 Mar 2010 08:00:00 EST

Damage caps cannot apply to cases that arose before the law changed in August 2005. So says the Missouri Supreme Court. In a 5 judge ruling, not assigned to any judge in particular, the court allows for another day to determine if the caps on non economic damages are constitutional. Some feel that the caps usurp the function of the jury and others feel that the caps discriminate against poor people since there are no caps on economic damages. Call St. Louis Accident lawyer Alvin Wolff if you have any questions about the decision.

Georgia Supreme Court Strikes Down Caps In Medical Malpractice Cases

AWolffjr@aol.com (blog Author)28698 — Mon, 22 Mar 2010 08:00:00 EST

Georgia Malpractice caps are history! Hopefully this will translate well for Missouri Malpractice cases. Check link for opinion of case.

Georgia Supreme Court Strikes Down Caps In Medical Malpractice Cases

AWolffjr@aol.com (blog Author)28699 — Mon, 22 Mar 2010 08:00:00 EST

Georgia Malpractice caps are history! Hopefully this will translate well for Missouri Malpractice cases. Check link for opinion of case.

Actonel, Boniva, Fosamax, Reclast

AWolffjr@aol.com (blog Author)28520 — Wed, 17 Mar 2010 08:00:00 EST

If you have been taking Actonel, Boniva, Fosamax, Reclast for 5 or more years, you should call your doctor and find out if these drugs are causing you harm. Recent studies are demonstrating that after taking these anti bone loss pills for 5 years, bones are becoming brittle and breaking easily. Call St. Louis Accident Lawyer Alvin Wolff at 314-584-4109 if you have any questions about this.

The best protection against aging is a healthy lifestyle, good diet, moderate habits and plenty of sleep. I'm not convinced that these wonder drugs are the answer for anything except for great vacations and lifestyles for the pharmaceutical executives pushing these miracles of chemistry.

Washington Toyota Class Action

blog@www.stlouismissouriaccidentlawyer.com (news Author)13427 — Tue, 16 Mar 2010 08:00:00 EST

Normandy Park couple sue Toyota over vehicle's lost value

A Normandy Park couple have sued Toyota in federal court, demanding that the company either take back the vehicle they just bought or reimburse them for its loss in value since the automaker's sudden-acceleration troubles became news.

By Mike Carter

Seattle Times staff reporter

The lawsuit alleges that the issues plaguing Toyota violate the state's Consumer Protection Act and amount to a breach of contract. The lawsuit is a proposed class action and, if certified by a federal judge, could apply to other Toyota owners in Washington with similar issues.

It claims more than 100 class members exist in Washington and that the damages in question will exceed $5 million.

The complaint alleges that Dana and Douglas Weller bought a 2009 RAV4 in September and a short time later received a recall notice and took the vehicle in for repairs.

"However, based on news reports, plaintiffs do not believe that Toyota knows what is causing acceleration. Plaintiffs tried to sell the car and were told its value is 20 percent less than what it was worth less than six months ago," the lawsuit alleges.

The lawsuit, filed by lawyer Steve Berman, references news stories saying that Toyotas have lost value as a result of the acceleration issues and says that "decrease reflects a real loss of value for used Toyotas."

The action comes as Toyota on Monday challenged the account of a California man, James Sikes, who claims his Prius sped out of control down a Southern California freeway last week.

"While a final report is not yet complete, there are strong indications that the driver's account of the event is inconsistent with the findings of the preliminary analysis," Toyota said in a statement Monday.

Toyota Motors Sales USA in Torrance, Calif., had no comment on the lawsuit filed in Seattle.

Toyota owners have filed at least 89 class-action lawsuits that, if successful, could cost the Japanese auto giant $3 billion or more, according to an Associated Press review of cases, legal precedent and interviews with experts.

Those estimates do not include potential payouts for wrongful-death and injury lawsuits, which could reach into the tens of millions each. Still, the sheer volume of cases involving U.S. Toyota owners claiming lost value — 6 million or more — could prove far more costly if they succeed, adding up to losses in the billions for the automaker.

Such class-action lawsuits "are more scary for Toyota than the cases where people actually got injured," said Tom Baker, a University of Pennsylvania law professor. "A super-big injury case would be $20 million. But you could have millions of individual car owners who could [each] be owed $1,000. If I were Toyota, I'd be more worried about it.
As Toyota continues to deal with the recalls and wavering public confidence in its vehicle safety, its biggest financial fight may be in the courtroom. A key decision could come at a March 25 hearing in San Diego, Calif., where a panel of federal judges will consider whether to consolidate the mushrooming cases into a single jurisdiction.

After that, a judge will decide whether all claims filed by Toyota owners nationwide can be combined in a single legal action — known as "certifying a class" — and whether the claims have enough merit to move toward trial or settlement.

Toyota has recalled millions of vehicles in the U.S. because of floor mats that can snag gas pedals or accelerators that can sometimes stick.

Information from The Associated Press is included in this report.

Devalued Toyotas

AWolffjr@aol.com (blog Author)28392 — Tue, 16 Mar 2010 08:00:00 EST

If you have a Toyota, your car is probably worth 20% less than it was several months ago before the storm. We are handling Toyota cases. Give us a call at 314-584-4109

Patient Safety Issues

AWolffjr@aol.com (blog Author)28195 — Sun, 14 Mar 2010 08:00:00 EST

I'm in the middle of a case right now where my client suffered a significant muscle loss injury while in the hospital. Of the doctors in charge, one was a first year resident and the other was a first year fellow. It appears that neither of these doctors knew that it was not necessary to determine the source and reason of the pain, rather, the only objective was to control the pain. The result, tissue and muscle death. The result, an altered life course for my client. The consequences for these doctors: none. What was learned: nothing.

In a deposition of the hospital 2nd in command who had 10 years of critical nursing experience, who sat on the safety committee; she could not say if muscle loss was a permanent injury.

Until these folks own up to their mistakes and move on, the health care system will remain a mess.

The attached link discusses a NY Times article on patient safety through the eyes of a young doctor. Interesting stuff.

Oklahoma Limits Attorney Fees In Workman's Compensation Cases

AWolffjr@aol.com (blog Author)28103 — Fri, 12 Mar 2010 08:00:00 EST

Most of the time I get hired because the insurance company doesn't do what it is supposed to do...pay benefits that it contracted to pay. I get paid at the end of the case out of the settlement. Generally, even after paying the attorney's fee, my client has more money in his pocket. My representation helps. The intention of Oklahoma is to reduce attorney's fees in injured worker cases. What this will do is provide a disincentive for lawyers to get involved and it will let the consumer fend for himself after the insurance company who has no limit on what it can pay its attornies. This seems to be a denial of due process of law at its worst.

Lady Who Plants Finger In Chili At Wendy's Banned for Life or Phony Claims

AWolffjr@aol.com (blog Author)28136 — Fri, 12 Mar 2010 08:00:00 EST

So this lady is now free from jail after serving 4 years of a 9 year sentance for trying to extort money from Wendy's after alleging a bowl of chili was served to her with a human finger in it. How gross is that?

I have ,in over 30 years, smelled a few phonies. My advice, don't do it. There is too much real pain in the world to fake something and attempt to capitalize off it; beside, you may end up in jail and be forbidden from ever going into a Wendy's again.

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.

Woman Sues For Surgery To Wrong Part Of Body

blog@www.stlouismissouriaccidentlawyer.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

blog@www.stlouismissouriaccidentlawyer.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.

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 St. Louis 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.

Dannon Yogurt Settlement

blog@www.stlouismissouriaccidentlawyer.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

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

St. Louis Accident

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.

Day 3 Texas Nurse Trial

AWolffjr@aol.com (blog Author)26557 — Thu, 11 Feb 2010 08:00:00 EST

Day three in the trial of a former Winkler County Memorial Hospital
nurse included more revealing testimony from key figures in the case.

From Judge Rex warning the audience once again, to testimony from the
Sheriff, the hospital administrator and nurses inside the hospital, day
three of the trial saw heated direct and cross examinations of seven
witnesses with the prosecution and defense getting to the heart of the
issue.

The morning began with Winkler County Sheriff, Robert Roberts, on the
stand. Roberts admitted to defense attorney, John Cook, during
questioning, that nothing disparaging was in the original letter sent by
Anne Mitchell to the Texas Medical Board and that it was not
"non-governmental" in nature. The Sheriff did say he believes the
patient file numbers in the letter were confidential, although they do
not reveal any names, dates of birth or identities. Former Winkler Co.
Nurse, Cendy Antley, shared her thoughts on today's testimony.

"It really concerns me that there is this good old boy system going on
and that my county is suffering because of it", she said.

Next, Winkler Co. Memorial's Doctor Kenneth Winton took the stand and
admitted he's been reprimanded by the Texas Medical Board before. The
defense asked Winton whether the medical mistakes Dr. Arafiles made,
would be made in larger, professional hospital. Winton responded by
asking Attorney Cook, whether he was suggesting Winkler Co. Memorial is
not professionally staffed, to which Cook said, "I think the evidence
has made that much clear".

Ms. Antley believes the case, which has drawn national attention, could
get even bigger.

"One day this could become a book, this could become a movie because
their careers are ruined. That was Anne she kept coming. They didn't
like it. They wanted to shut her up and I think the civil trial will
bring to light a lot of that", she said.

Then, hospital administrator, Stan Wiley, faced a long line of questions
in cross-examination. He explained that the only reprimand handed to Dr.
Arafiles from the hospital was telling him "not to do it again". This
includes improper surgeries, wounding a patient, sending a patient with
appendicitis home without care, and sticking a needle into a patient's bone.

"That is not a standard of care in any E.R. That is ridiculous, we don't
do that in America", said Antley.

Once the prosecution decided to rest, the defense called several former
hospital employees to the stand, including Doctor Naomi Warren, who said
she sent a letter of her own to the TMB regarding her concerns about
patient safety at the hospital. Dr. Pham, a colleague of Dr. Arafiles,
said he's had concerns about Arafiles' conduct. Winkler Co. Judge,
Bonnie Leck, testified that she thinks Anne should not have been fired.
Then former Winkler Co. Rural Health Clinic nurse, Debby Egger, took the
stand.

"Not for harassment. It was for patient safety", she explained to CBS 7
right after her testimony.
Finally, the defense called Lolly Lockhart to testify. Lockhart, a
former Texas Medical Board employee (PhD, RN) stressed that the board
weeds out possible false or harassing complaints from legitimate
complaints: meaning Doctor Arafiles probably had nothing to worry about.

"I've never seen any retaliation like this, ever in my almost 50 years
of nursing practice", said Lockhart.

Prosecuting Attorney, Scott Tidwell continued attempts to establish
harassment by Anne Mitchell directed toward Doctor Arafiles. A handful
of the prosecution's witnesses claim that Mitchell called Arafiles a
"witch doctor" and told them quote "we need to get this SOB out of here".

Just a day ahead of a likely finale to the trial, Ms. Lockhart says
she's holding her breath for nurses everywhere.

"If this case is not won by the nurse, it could virtually shut down all
reporting of all professional boards. Who would want to run the risk of
facing a criminal challenge just because they reported what they were
concerned about".

Doctor Rolando Arafiles, County Attorney Scott Tidwell and
administrator, Stan Wiley, all declined our interview requests.

The trial continues this morning and we're told the jury may have their
ruling by the afternoon.

Thursday, February 11

The State and the Defense have put on their cases and rested. This morning, Anne's attorney has finished her defense.

The State had to prove five elements to prove Anne misused official information: 1) Anne was a public servant (all public employees are), 2) she had access to information because of her employment, 3) that information not public, 4) Anne used the information with the intent to harm another, 5) the information was used for a nongovernmental purpose. The State's evidence focused on the last two elements because the prosecutor told the jury that those were the two most in dispute. The State's main evidence consisted of several witnesses who testified about two to three occasions on which they heard Anne make statements such as "Dr. Arafiles will be gone in a year" "he is not a doctor" "he is a witch doctor." There was also testimony of an ongoing conflict between Anne and Dr. Arafiles. She had refused to sign off on his original credentialing because hospital bylaws required physicians to have unrestricted license. The State also focused on the need to follow the chain of command. In cross examination, Anne's attorney was able to get in good information about substandard care by Dr. Arafiles on cases Anne reported to Texas Medical Board (TMB). The Defense showed that most of the witnesses who testified about Anne's motives had only been contacted within the past couple of weeks and not before Anne was indicted.

On Wednesday, Anne's attorneys began her defense and called several witnesses to testify. The first was a nurse practitioner who had worked at the Winkler County Rural Health Clinic and left because of her concerns that issues relating to the care provided by Dr. Arafiles had not been addressed. She had also filed a complaint against Dr. Arafiles with the TMB at the same time as Anne and Vicki (all worked together). The NP testified that she has subsequently filed a second complaint. She testified that Anne was motivated only by her concern for patients. The second witness was an LVN, who testified about her concerns regarding Dr. Arafiles' work at the clinic. She also left because of those concerns and the stress they were causing her. The Defense called the Winkler County judge (not the trial judge) testified that she knew Anne and Anne had discussed her concerns about Dr. Arafiles. The judge said Anne's motive was patient concern. Lolly Lockhart, RN, testified as an expert witness on a nurse's duty. Dr. Pham, Chief of Staff at Winkler County Memorial Hospital, testified about concerns about Dr. Arafiles' care. He also testified that Anne was concerned about patient care and that Anne is a good nurse.

Thursday morning, the defense called a medical expert, who testified that he had reviewed the five cases cited in the complaint to TMB and found substandard care. The Defense has rested. Next, the charge will be read to the jury, the Prosecution and Defense will give their closing arguments, and the jury will begin deliberation.

The case is no less perplexing as to why Anne was indicted. All witnesses (even the State's) have agreed nurses have a duty to report unsafe care.

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.

Representative Murtha Dead From Gallbladder Surgery Complications

blog@www.stlouismissouriaccidentlawyer.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.

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.

East Texas Nurse Faces Trial for Misuse of Official Information

AWolffjr@aol.com (blog Author)26387 — Mon, 08 Feb 2010 08:00:00 EST

KERMIT, Tex. — It occurred to Anne Mitchell as she was writing the letter that she might lose her job, which is why she chose not to sign it. But it was beyond her conception that she would be indicted and threatened with 10 years in prison for doing what she knew a nurse must: inform state regulators that a doctor at her rural hospital was practicing bad medicine.

Mrs. Mitchell counters that as an administrative nurse, she had a professional obligation to protect patients from what she saw as a pattern of improper prescribing and surgical procedures — including a failed skin graft that Dr. Arafiles performed in the emergency room, without surgical privileges. He also sutured a rubber tip to a patient’s crushed finger for protection, an unconventional remedy that was later flagged as inappropriate by the Texas Department of State Health Services.

Charges against a second nurse, Vickilyn Galle, who helped Mrs. Mitchell write the letter, were dismissed at the prosecutor’s discretion last week.

The case has been infused with the small-town politics of this wind-whipped city of 5,200 in the heart of the Permian Basin, 10 miles from the New Mexico border. The seeming conflicts of interest are as abundant as the cattle grazing among the pump jacks and mesquite.

When the medical board notified Dr. Arafiles of the anonymous complaint, he protested to his friend, the Winkler County sheriff, that he was being harassed. The sheriff, an admiring patient who credits the doctor with saving him after a heart attack, obtained a search warrant to seize the two nurses’ work computers and found the letter.

Both sides acknowledge that the case has polarized the community, and the judge has moved the trial to a neighboring county.

The state and national nurses associations have called the prosecution an outrage and raised $40,000 for the defense. Legal experts argue that in a civil context, Mrs. Mitchell would seem to be protected by Texas whistle-blower laws.

“To me, this is completely over the top,” said Louis A. Clark, president of the Government Accountability Project, a group that promotes the defense of whistle-blowers. “It seems really, really unique.”

Until they were fired without explanation on June 1, Mrs. Mitchell and Mrs. Galle had worked a combined 47 years at Winkler County Memorial Hospital here, most recently as its compliance and quality improvement officers.

The nurses, who are highly regarded even by the administrator who dismissed them, said the case had stained their reputations and drained their savings. With felony charges pending, neither has been able to find work. They said they could feel heads turn when they walked into local lunch spots like El Joey’s Mexican restaurant.

“It has derailed our careers, and we’re probably not going to be able to get them back on track again,” said Mrs. Galle, 54, a grandmother who is depicted around town as the soft-spoken Thelma to Mrs. Mitchell’s straight-shooting Louise. “We’re just in disbelief that you could be arrested for doing something you had been told your whole career was an obligation.”

It was not long after the public hospital hired Dr. Arafiles in 2008 that the nurses said they began to worry. They sounded internal alarms but felt they were not being heeded by administrators.

Frustrated and fearing for patients, they directed the medical board to six cases “of concern” that were identified by file numbers but not by patient names. The letter also mentioned that Dr. Arafiles was sending e-mail messages to patients about an herbal supplement he sold on the side.

Mrs. Mitchell typed the letter and mailed it with a separate complaint signed by a third nurse, who wrote that she had resigned because of similar concerns about Dr. Arafiles. That nurse was not charged.

To convict Mrs. Mitchell, the prosecution must prove that she used her position to disseminate confidential information for a “nongovernmental purpose” with intent to harm Dr. Arafiles.

Mari E. Robinson, executive director of the Texas Medical Board, has warned in a blistering letter to prosecutors that the case will have “a significant chilling effect” on the reporting of malpractice.

The nurses’ lawyers, John H. Cook IV and Brian Carney, have filed a civil lawsuit in federal court charging the county, hospital, sheriff, doctor and prosecutor with vindictive prosecution and denial of the nurses’ First Amendment rights.

Nonetheless, the sheriff, Robert L. Roberts Jr., and the prosecutor, Scott M. Tidwell, express confidence in their case.

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.

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.

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.

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.

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

blog@www.stlouismissouriaccidentlawyer.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!

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.

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.

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.

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.

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.

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.

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.

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)

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.

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.

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.

Alvin Wolff Attends Advanced Deposition College In Denver

blog@www.stlouismissouriaccidentlawyer.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.

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.

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.

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.

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.

Ambitious Plan For New Trails In St. Louis Area

blog@www.stlouismissouriaccidentlawyer.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.

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.

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.

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.

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

blog@www.stlouismissouriaccidentlawyer.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.

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!

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.

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.

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

blog@www.stlouismissouriaccidentlawyer.com (news Author)11777 — Sat, 19 Dec 2009 08:00:00 EST

Alvin Wolff wants cell phones banned while driving.

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.

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.

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.

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?

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.

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.

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.

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.

Car / Auto / Motorcycle Insurance

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