Attorney Blog

Facebook Can Hurt Your Work Injury Case

Fri, 03 Feb 2012 08:00:00 EST

An appeals court has ruled that photos on Facebook and Myspace of a man “drinking and partying” can be used as evidence to deny him further workers compensation claims.
At the center of the suit is Zackery Clement, who suffered a hernia March 12, 2009 after a refrigerator fell on him while on the job at Johnson’s Warehouse Showroom in Pine Bluff, Ark. Clement, who was compensated for medical expenses and received temporary total-disability benefits for more than a year, was seeking an extension of benefits following three surgeries as a result of the injury.
The story was first reported by Courthouse News Service.
An administrative law judge and the Arkansas Compensation Commission denied Clement’s application for additional benefits, and Clement, 27, was hoping the Arkansas Court of Appeals would reverse the ruling. He argued that he needed further medical treatment and disability payments because of “excruciating pain.”
Key to Clement’s appeal was his request that the court ban the party photos. In his appeal, Clement’s legal team argued the photos were unrelated to medical treatment and “a disgrace to the dignity of the workers compensations proceedings and the legal system.”
“Allowing those Facebook photos for the proceeding is an injustice because it takes away from the dignity of the working class,” said Steven McNeely, the attorney for Clement. “That had nothing to do with whether or not he had an hernia. It’s irrelevant, immaterial and prejudicial. It should be about whether Zack needed additional treatment.”
A pdf of some of the images can be found here.
Instead, the appeals court agreed with previous rulings, which denied a request for additional treatment after diagnostic tests showed “no recurrent hernia and surgery to explore the scrotum” and saw no abuse by the courts in allowing the photos.
In denying Clement’s request for additional compensation and treatment, the court ruled in favor of the use of Facebook photos as a evidence.
In an opinion, written by Judge David M. Glover, the Arkansas Court of Appeals states: “We find no abuse of discretion in the allowance of photographs. Clement contended that he was in excruciating pain, but these pictures show him drinking and partying.”
“Certainly these pictures could have a bearing on a Clement’s credibility, albeit a negative effect that Clement might not wish to be demonstrated to the ALJ or the Commission, “ Glover continues. “We hold that there was not an abuse of discretion in allowing the photographs.”
A spokesperson for Johnson’s Warehouse did not immediately

New Way To Learn

Mon, 30 Jan 2012 08:00:00 EST

As an experiment, I have been teaching a spinning CLE (continuing legal education) course once a week that involves mixed lectures and music on spin cycles and then 1 hour in a class room for trial strategy sessions. This way of learning keeps the participant engaged. He or she is forced to listen on the bike versus constantly checking the PDA for messages or reading the paper during a lecuture. The brain also gets rich supplies of oxygen which makes the learner more alert when its time for class work.

This discipline could be applied to practically any type of learning situtation where lectures are part of the process.

Alvin Wolff renamed to Best Lawyers In America 2012

Sat, 21 Jan 2012 08:00:00 EST

I pleased to announce that Ihave been renamed to the list of Best Lawyers In America for 2012 in the areas of medical malpractice and plaintiff's personal injury. This is very humbling since I'm on a list with some excellent lawyers who I have looked up to and whose wisdom I've drawn upon for a very long time!

Pedestrian Cases

Thu, 19 Jan 2012 08:00:00 EST

If you were a pedestrian when you were injured by a negligent vehicle operator, we are able to assist you with your case. The law has different standards for pedestrians as compared to motor vehicle operators. Call Alvin Wolff at 314 584 4109 for your pedestrian injury legal needs.

Goon Squads Atttempt To Chill Expert Testimony In Malpractice Cases

Wed, 18 Jan 2012 08:00:00 EST

Goon Squads in emergency medicine now mirror other specialites putting a chill on expert testimony in malpractice cases.

Procedure for Review of Testimony Regarding Standard of Care in Emergency Medicine
The American College of Emergency Physicians (ACEP) believes that a physician providing testimony as an expert witness clearly has an ethical responsibility to be objective, truthful, and impartial when evaluating a case on the basis of generally accepted standards of practice. It is unethical to overstate one’s opinions or credentials, to misrepresent maloccurence as malpractice, to bear false testimony, or to use the name of the College as prima facie evidence of expertise.¹
ACEP established this procedure to identify and publicize expert witness testimony and or reports that is "false, misleading, or without medical foundation,"² and thus unacceptable according to ACEP's policy statement, "Code of Ethics for Emergency Physicians."
This procedure will be used only to publicize examples of expert witness testimony or reports as to the standard of care that does not meet the ACEP criteria for accuracy. Such testimony or reports, once identified, will be publicized in ACEP communication vehicles without mention of any identifying information. The procedure described herein will not be used as a punitive measure against any individual. There is no prohibition against the affected member filing a subsequent or contemporaneous ethics charge related to the pending matter.

Request for Review
1. This procedure will only address expert witness testimony and or expert witness reports regarding the standard of care in emergency medicine that members believe to include egregious statements and conclusions.
2. A request for review may only be initiated by an ACEP member. No others have standing to present a request.
3. Request must be in writing, specifying the exact testimony that is to be subject to this review, and signed by the requesting ACEP member.
4. Requesting member must include copies of transcripts of sworn testimony to be reviewed including the pleadings by all parties in the case, depositions or court transcript, the medical record from the emergency department encounter and or written reports submitted in medical liability cases.
5. Requesting member must include a brief summary of the case.
6. Material must be delivered to:
  
  American College of Emergency Physicians
  Associate Executive Director, Policy
  1125 Executive Circle
  Irving, TX 75038-2522
7. Receipt of the request will be confirmed in writing within ten (10) business days of the receipt by ACEP staff.
8. The requesting member must sign and submit a statementprovided by ACEP that he/she understands:
  1. The purpose of this review is educational.
  2. The identity of the expert witness coupled with the findings of the review panel cannot be disclosed to any person or in any proceeding or forum that could result in a punitive outcome for that expert witness.
  3. Submitting testimony or reports for review pursuant to this procedure does not preclude the requesting member from filing a complaint pursuant to ACEP’s Procedures for Addressing Charges of Ethical Violations and Other Misconduct.
Medical Expert Standard of Care Review Panel
1. Composed of 12 members appointed by the ACEP President.
2. Requirements for membership:
  1. Individuals must have considerable clinical experience.
  2. Individuals must be in the active practice of emergency medicine defined as a minimum of 500 clinical hours per year for the three years preceding appointment. Some members of the committee should have experience with evidence-based literature review.
3. Term of Service
  1. Three (3) years.
  2. Terms to be staggered - the terms of four (4) panel members will terminate each year.
  3. Members may be reappointed for a maximum of three (3) complete terms.
  4. ACEP President will appoint a current panel member as the panel chair for a two (2) year term.
Processing of Request
1. ACEP staff confirms that the requirements detailed in Section A above are satisfied.
2. Within fourteen (14) business days, ACEP staff notifies the requesting member of any additional information that is needed.
3. Staff notifies chair of the Standard of Care Review Panel that a request has been received.
4. The chair then assigns two panel members to serve as case liaisons for that case. One of the liaisons will be designated by the chair as the lead liaison and will be responsible for writing a summary of the case. These assignments shall be made on a rotating basis.
5. ACEP staff member removes all identifiers from the documents submitted by requesting member and forwards the blinded documents to the case liaisons within forty-five (45) business days of the assignment of the liaisons.
6. The case liaisons review the documents to ensure that all identifiers have been excised from the documents.
7. The lead liaison communicates with ACEP Staff within fourteen (14) business days of receipt of the document regarding the information received, requests additional information that may be needed, and clarifies any issues.
8. Once finalized, the case summary and any pertinent documents as identified by the lead liaison are forwarded to the panel for review.
9. Within one-hundred twenty (120) business days of receipt of the summary and documents, a conference call is conducted with the panel to determine whether:
  1. There is a specific, stand-alone issue of care that can be addressed in this case. If not, the process terminates and a decision not to review is communicated to the requesting member by the lead case liaison.
  2. If it is clear that medical literature contradicts the statement of the expert in question, or if not, that there is a consensus of expert clinician opinion that disagrees with the statement in question, a member of the committee is assigned to develop an article for an ACEP communication vehicle describing the testimony given and why it does not accurately reflect the standard of care in emergency medicine.
10. Case liaisons may participate in deliberations of the committee regarding the case.
11. A majority vote of those participating on the call will determine the final decision.
12. Within fourteen (14) business days of the decision, the lead liaison drafts communication to be sent to the requesting member regarding the disposition of the request without providing any specifics as to the deliberations or the final decision.

Code of Ethics for Emergency Physicians (Approved by the ACEP Board of Directors in 1994; Revised in 1996 and 2001)
Expert Witness Guidelines for the Specialty of Emergency Medicine (Approved by the ACEP Board of Directors in 1990; Revised 1995 and 2000)

Approved, ACEP Board of Directors
Revised January 2008

Alvin Wolff Has Lawyers Exercise Their Bodies and Then Their Brains

Tue, 17 Jan 2012 08:00:00 EST

I have developed a new learning experience for lawyers. First we spend one hour on spin bikes listening to a mix of lectures and music to get a tremendous aerobic workout. Second, after cleaning up, we meet in a classroom and spend time strategizing about the participants cases that are currently in litigation. It's a way to learn and get organized on cases.

Spinning CLE Debuts To The World

Thu, 12 Jan 2012 08:00:00 EST

Today I debuted a new type of Continuing Legal Education Course to the world at the St. Louis Jewish Community Center. 15 Lawyers have signed up to spend an hour on spin bikes getting a workout listening to a combination of lectures and music and then an hour in the class room focusing their cases. The class is led by Alvin Wolff on behalf of the Missouri Association of Trial Lawyers.

Hospital Staff Not Likely to Report Errors

Mon, 09 Jan 2012 08:00:00 EST

     ABC News reports that 80 percent of hospital errors go unreported. The report found no difference between the number of serious errors, like patient deaths, versus smaller errors, like allergic reactions, being reported.
     It is important to remember that when receiving medical care, listening to doctor and medical care provider advice is crucial. But it is also your life and your body, and should you have any concerns or questions, you have every right to ask. Furthermore, if you are not satisfied, press until you receive an answer that you understand.
     For more information on this report, please follow http://abcnews.go.com/Health/Wellness/hospital-staff-report-hospital-errors/story?id=15308019 .

Feds urge ban on cellphone use in cars after Missouri crash

Wed, 14 Dec 2011 08:00:00 EST

    The National Transportation Safety Board has urged a federal ban on nonemergency cellphone use while driving upon completion of its investigation into a crash that occurred near Gray Summit last year. The Board found that the driver of a pickup truck had sent 11 text messages in the previous 11 minutes before slamming into the back of a Volvo that had stopped at a construction zone on Highway I-44. Two busses subsequently crashed into the pickup truck, killing the pickup truck driver, one passenger on a school bus, and injuring 38.
     While the Board has made its recommendation to the state, it has been pointed out that enforcement of any anti-texting law is difficult. Missouri already has a law in place that outlaws people from under 21 from texting while driving, but it is hard to tell how old drivers are, or whether they are texting in the first place.
      It is unfortunate that a deadly accident must occur for attention to be drawn to this issue. Texting while driving, using a cellphone while driving, or any other driving while being distracted is dangerous. Especially with the winter months coming, drivers should be on heightened alert to ensure that they are operating safely on the roadways. This includes watching your speed, avoiding use of a cellphone, and remaining aware of the car in front and around you.
     For more information on this story, please visit   http://www.stltoday.com/news/local/govt-and-politics/feds-want-ban-on-cellphones-while-driving-after-missouri-pileup/article_45bdf5f5-0576-5633-adea-dd76ece9ffad.html

Elliptical Machine Recall

Wed, 07 Dec 2011 08:00:00 EST

10,000 Elliptical Machines Recalled

Nautilus Inc. has announced a recall of approximately 10,000 elliptical workout machines due to a fall risk. The affected products, Schwinn 460 models, were sold between 2008 and 2011 and have foot plates that could potentially detach or break during use. There has been one reported injury. Dow Jones Newswires, Chicago Tribune 12/06/2011

Read Article: Chicago Tribune

Walk To School Day

Wed, 07 Dec 2011 08:00:00 EST

When I was a kid, I walked to school (not always). Sometimes I took the bus, sometimes I hitched (yes hitchhiked), when it was nice out, I rode my bike.

Now statistics are that 10% of school children in Missouri bike or walk to school. This is pathetic. The Missouri Foundation for Bicycling and Walking is trying to reverse this unhealthy trend. You can make a difference by contacting the foundation at MOBikeFed.org/foundation.

This is not healthy for our children. Let them walk or ride but still make sure that they go with a friend and that they don't talk to strangers.

Safe Practices for the Holidays

Wed, 30 Nov 2011 08:00:00 EST

The American Academy of Orthopaedic Surgeons has released a helpful reminder of how to make it through the holiday season by taking necessary precautions. With wet floors, inclement weather, rowdy shoppers, and putting up decorations, there are lots of ways to get injured if certain safety tips are ignored. Please follow http://orthoinfo.aaos.org/topic.cfm?topic=A00367 for more information on how to have a healthy and safe holiday season!

Medical Malpractice Caps Will Hurt Patients

Wed, 30 Nov 2011 08:00:00 EST

     Shirley Svorny, an Economics professor from California State, Northridge, and a member of the CATO Institute has written an article about why medical malpractice caps in the new GOP "Jobs Through Growth Act" in the Senate will not solve any problems in the health care industry, and could ultimately lead to the detriment of consumers.
     Svorny concentrates on how most arguments for caps center on anecdotal stories of frivolous suits receiving huge jury rewards, ignoring the fact that often such cases are remitted by judges, as well as the fact that such cases are in no way typical of the majority of medical malpractice lawsuits filed.
     Medical malpractice lawsuits are a valuable way for society to weed out substandard medical practitioners and compensate those harmed by such substandard care. By placing medical malpractice caps, the Senate proposes a system where risky doctors will be allowed to continue to practice.
     For more information on this story, please follow http://www.huffingtonpost.com/shirley-svorny/medical-malpractice-caps_b_1110097.html.

Georgia Family Awarded nearly $10 million after unsupervised toddler falls in pool and dies

Tue, 22 Nov 2011 08:00:00 EST

According to the Associated Press, a Gwinnett County jury has awarded $9.85 million in damages in a wrongful death lawsuit brought by parents of a 2-year-old who died in a daycare facility in Buford. The child's parents, Kemi Green and Gbolohan Bankolemoh, enrolled their child, Abiola in a daycare run by Tanya and Shawn Moon. Attorneys for the parents said the Moons falsely claimed their operation was licensed. Tanya Moon's father, Terry Moon, was also named a defendant in the lawsuit.

Plaintiffs' attorneys Jeffrey R. Harris and J. Alan Cleveland argued that while Abiola was left unattended, he fell into a pool and drowned on March 19, 2009. Gwinnett County police said Tanya Moon found Abiola lying at the bottom of the pool after being told by another child that Abiola had gone outside.
If you or someone you know has been harmed as a result of negligent supervision resulting in a wrongful death, please contact our office for a free consultation at alvinwolff.com or 314-241-2500.

California teen sentenced in death of toddler

Tue, 22 Nov 2011 08:00:00 EST

     A Sonoma State 19 year old woman was sentenced to five days in jail, 115 days of home confinement, and ordered to perform 200 hours of community service after she struck and killed a toddler and injured the toddler's mother while she was texting and driving.
     Texting and driving has proven itself to be a growing problem across the country. While driving an automobile, it is very important to maintain your attention on the road to avoid accidents, or even worse, injuring or killing someone.
     For more information on this story, please visit http://www.pressdemocrat.com/article/20111116/ARTICLES/111119634/1350?p=1&tc=pg .
     If you or someone you know has been injured by a texting while driving driver, please contact us at alvinwolff.com or call us at 314-241-2500 for a free consultation.

Medical Malpractice Payments Down In Missouri

Thu, 10 Nov 2011 08:00:00 EST

http://insurance.mo.gov/reports/medmal/

Woman in Colorado awarded $10 million in Wal Mart slip and fall

Tue, 08 Nov 2011 08:00:00 EST

     According to The Associated Press, truck driver Holly Averyt was injured after slipping on a grease spill while making a delivery to a Walmart in Greeley, Colorado. The slip led to injuries that required three spinal surgeries. Additionally, Averyt was unable to return to work and subsequently lost her truck.
     The trial court jury awarded Averyt $15 million, after which Walmart appealed to the lower court, claiming the award was not supported by the evidence. The Supreme Court of Colorado heard the case and denied Walmart a new trial, holding that the evidence did support the verdict, but reduced the award to $10 million as a result of the state cap on noneconomic damages.
     This case is a perfect example of how a simple slip and fall can lead to debilitating and life changing injuries. Averyt, through no fault of her own, suffered injuries that changed her life forever. If you or someone you know has been injured as a result of a slip and fall, please contact our office at alvinwolff.com or 314-241-2500 for a free consultation.
     For more information on this story, please visit http://www.google.com/hostednews/ap/article/ALeqM5juntdcHE2aw08_AR5pEWjavd7Ebg?docId=8f3880d7be7545adad69338371d9b031.

Maryland family sues after son's legs are amputated due to undiagnosed strep

Fri, 04 Nov 2011 08:00:00 EST

     In a very sad case out of Baltimore, Maryland, a family is suing Baltimore-Washington Medical Center after doctors failed to diagnose their six year old son's strep throat, ultimately leading to the amputation of his legs. According to a WBALTV.com article, the boy came into the hospital with swollen glands and was sent home with nasal congestion and hip strain without anyone ordering a strep throat test. According to the family attorney Briggs Bedigan, "Despite it being standard safety protocol at all hospitals to do a rapid strep test in such a situation, the doctors never did one." After being sent home, the strep infection entered the boy's bloodstream and caused a severe infection that attacked his other organs. In an effort to save the boy's life, doctors at the hospital had to amputate both of his legs.
     Doctors across the country have a responsibility to their patients to ensure that when they come into a hospital for care, they are properly cared for and not harmed further. When doctors breach their standard of care, patients can be harmed, and in some cases, such a breach can lead to death. Be sure that when you go to a hospital, that you are asking questions, sharing your thoughts, and ensuring that the doctors are doing everything that they should to rule out life-threatening, then less threatening possibilities.
     For more information on this story, please visit http://www.msnbc.msn.com/id/4515769.
     If you or someone you know has been harmed as a result of medical malpractice, feel free to contact our office at 314-241-2500 or on our website at alvinwolff.com for a free consultation.

Missouri Supreme Court hears noneconomic damages cap argument

Thu, 03 Nov 2011 08:00:00 EST

On Wednesday, Nov. 2, 2011, The Missouri Supreme Court heard arguments on whether the legislative cap on noneconomic damages in medical malpractice claims violated the Missouri Constitution. The case argued stemmed from a claim filed in 2005, when Ronald Sanders' wife suffered irreversible brain damage as a result of being given the wrong medicine.

According to the Columbia Missourian, Sanders settled or dismissed his claims against all doctors but neurologist Iftekhar Ahmed. At the end of the trial, the jury awarded Sanders and his daughters nearly $1 million to pay back medical bills as well as $9.2 million in non-economic damages, those that aren't related to medical or monetary costs.

As a result of the Missouri cap on noneconomic damages, Sanders' reward was cut to $1.2 million, after which is attorneys argued that the limiting statute ran contrary to the state Constitution. The case was appealed and cross-appealed to the Missouri Supreme Court.

The attorneys focused on the arguments from the plaintiff's appeal, which said that the reduced damages are unconstitutional because the statute capping the awards denies a legitimate trial by jury and violates the separation of powers between branches of the government.

     Steve Hobson, one of Sanders' attorneys, argued "My client was entitled to $10 million and the legislature, without knowing any of the facts of the case, said, 'Oh no he's not. He's only entitled to this amount.'" Defense attorney Tim Aylward responded that the right to a trial by jury doesn't include a right to have the jury award the damages, a precedent he said was set with a 1992 case against Children's Mercy Hospital that stated the statute doesn't violate the right to trial by jury. Aylward said even with the cap in place, the jury still serves its function of trying the facts of the case and making a judgment. The Supreme Court has not yet ruled on the case.
     The outcome of this case can have major ramifications on medical malpractice litigation across the state and likely the country. In the past five to seven years, states have imposed limitations on the rewards those harmed are entitled to under the guise that such laws would help lower healthcare costs. It has since been shown that not only do such laws have no effect on the cost of healthcare, they also leave taxpayers footing the bill for injured parties who cannot cover their medical bills as a result of their limited rewards.
     For more information on this story, please visit the docket of the Missouri Supreme Court at http://www.courts.mo.gov/SUP/index.nsf/fe8feff4659e0b7b8625699f0079eddf/b81ee737a301b69586257927006647fe?OpenDocument and the Columbia Missourian website at http://www.columbiamissourian.com/stories/2011/11/02/court-hears-arguments-about-legislatures-right-set-awards-malpractice-lawsuits/ .
     If you or someone you know has been harmed as a result of a doctor's negligence, please feel free to contact us for a free consultation at alvinwolff.com or call us at 314-241-2500.

California family awarded $10 million for amputation of daughter's limbs after ER delay

Mon, 31 Oct 2011 08:00:00 EST

The Associated Press reports that the family of a California toddler whose feet, left hand and part of her right hand were amputated because of a lengthy emergency room delay has agreed to a $10 million malpractice settlement.

Malyia Jeffers was 2 years old when her parents took her to Sacramento's Methodist Hospital last November with a fever, skin discoloration and weakness. According to court documents, the family was told to wait.

"While in the waiting room, Malyia grew sicker and weaker," according to the complaint filed in Superior Court in Sacramento on Feb. 14. "The parents of Malyia repeatedly asked and begged (hospital workers) to treat their daughter." The hospital instead told them to continue waiting, and it was five hours before Malyia was first seen by a doctor, the document said.

"Ryan Jeffers and Leah Yang saw their daughter get weaker and sicker hour after hour as (hospital workers) chose to delay treatment," the complaint said. "They saw the bruising on her body increase, affecting her legs, arms and face. They were afraid she would die in the waiting room." Malyia was flown to Stanford University's Lucile Packard Children's Hospital. Doctors there found that Streptococcus A bacteria had invaded her blood and organs, and they performed the amputations.

     Court documents show that most of the money will be placed in a trust for Malyia's current needs and an annuity that will provide her with $16,932 a month when she turns 18. The monthly payment grows over time, so that by the time Malyia is 30, the monthly payout will be nearly double.
     Malyia is still undergoing therapy and will need expensive medications, custom prosthetics, special garments and wheelchairs for the rest of her life.
     Patients who are harmed as a result of delay in treatment deserve compensation for their injuries. This young girl will spend the rest of her life without the ability to walk or the use of her left hand, and will have to cope with the limited use of her right hand. This sort of settlment is not meant to be a windfall for the family, but to help care for their young daughter for the rest of her life. This is the sort of case that exemplifies why there should not be a legislative cap on noneconomic damages. In the state of Missouri, the medical malpractice cap stands at $350,000, which surely would not be a reasonable compensation for a two year old who can no longer walk or use her hands properly.
     If you or someone you know has been harmed as a result of medical malpractice, please contact us at alvinwolff.com or 314-241-2500 for a free consultation.

Check out our new mobile site!

Wed, 26 Oct 2011 08:00:00 EST

Alvin Wolff Jr. & Associates is proud to announce the launch of our new mobile site. Access our blog, news, and other information while on the go on your phone.

Georgia Supreme Court to decide if disabled plaintiff can be excluded from courtroom

Fri, 21 Oct 2011 08:00:00 EST

     The Supreme Court of Georgia has agreed to hear a case that could send ripples across the legal landscape. The case involves a question of whether a disabled 8 year old girl with cerebral palsy can be excluded from the courtroom to avoid the chance that a jury would make a decision based on sympathy rather than on the evidence.
     The lawsuit filed by the 8 year old's parents alleges her medical problems arose because the mother's obstetrician did not perform a c-section soon enough, depriving the baby of oxygen during labor. The party has submitted a lifecare plan asking for $19 million for future medical care and equipment.
     The defense asked to exclude the young child during the liability phase of the trial, and the judge held that the girl could be in the courtroom during jury selection, but not during the liability portion of the trial except at those times that her presence is "essential and relevant to witness testimony releated to her medical conditions."
     Noting the issue was one of first impression for state appellate courts, Ellington wrote that although parties to civil actions in Georgia have the right to be present at all stages at trial, that right is not absolute. The panel decided that a trial judge can exclude a plaintiff from the liability phase of a bifurcated trial if the judge makes the following findings in a written order: "(1) the plaintiff is severely injured; (2) the plaintiff attributes those injuries to the conduct of the defendant(s); (3) there is a substantial likelihood that the plaintiff's presence in the courtroom will cause the jury to be biased toward the plaintiff based on sympathy rather than the evidence such that the jury would be prevented or substantially impaired from performing its duty; (4) the plaintiff is unable to communicate with counsel or to participate in the trial in any meaningful way; and (5) the plaintiff is unable to comprehend the proceedings. "When all of those circumstances exist," Ellington concluded, "the plaintiff's presence is not truly an exercise of his or her right to be present, because the plaintiff is incapable of making such a conscious choice. As in this case, the plaintiff functions almost as an exhibit, as a piece of evidence."
    For more information, please follow http://www.dailyreportonline.com/Editorial/News/singleEdit.asp?l=101399618061 .
     If you or someone you know has been injured as a result of negligent medical care, please feel free to contact our office for a free consultation.

Detroit family awarded $130 million in medical malpractice suit

Wed, 19 Oct 2011 08:00:00 EST

According to an article in the Detroit Free Press, a Detroit, Michicgan jury awarded the family of a quadriplegic 15-year-old girl $130 million in damages Tuesday in what the family's lawyers called the largest medical malpractice jury verdict in Michigan history. In the original complaint, filed by attorney Douglas Raymond of Lafayette, Colo., Halperin and Beaumont were accused of not realizing that Markell's size warranted a C-section and failing to prevent injury to the baby.Attorneys for Markell VanSlembrouck of Macomb Township said the girl was larger than expected at birth because of gestational diabetes in her mother, Kimberly VanSlembrouck.

Rather than deliver by cesarean section, Dr. Andrew Halperin induced VanSlembrouck for a vaginal delivery at Beaumont Hospital in Royal Oak, said attorney Geoffrey Fieger. Fieger said Markell received brain damage and a broken clavicle and now has quadriplegia, requiring around-the-clock care. "They literally crushed the life out of that little baby," Fieger said.
If you or someone you know has been injured as a result of a negligence on the part of a doctor or other healthcare provider, please feel free to contact us at alvinwolff.com or call us at 314-241-2500 to set up a free consultation.

Tort Reform law in Texas does not lower health care costs

Thu, 13 Oct 2011 08:00:00 EST

A recent national study has shown that the tort reform in Texas has not led to lower health care costs. In fact, the results showed that health care spending has gone up. Furthermore, the study showed that the rate of new doctors practicing in the state has slowed down since the law was enacted.
Tort reform, the basic title for laws being enacted across the country to limit the amount that can be awarded by verdicts in medical malpractice suits, has been touted as what needs to be done to lower health care costs and save doctors' jobs. The idea was, and is, that placing caps on malpractice rewards would lead to lower insurance premiums for doctors, a saving that would filter down to the consumer. This simply has not been the case as proven by the law in Texas.

According to an article at http://www.statesman.com, the report comes as Gov. Rick Perry has touted the benefits of the law on the presidential campaign trail, boasting that it has added 21,000 Texas doctors - a claim the report disputes. The 24-page report by Public Citizen, "A Failed Experiment," says that using Texas as a model would benefit doctors and insurers - not residents. The report claims that Medicare spending in Texas has risen faster than the national average, and so have private health insurance premiums. It also says that, contrary to Perry's claims, the per capita increase in the number of doctors practicing in the state has been much slower since the state passed the so-called tort reform law than it was before the law.

The report by Public Citizen, a nonprofit consumer advocacy group, examines the number of direct patient care and primary care doctors in Texas between 1996 and 2010. It says that in the seven years before the lawsuit limits, the per capita number of doctors increased by 9.3 percent. In the seven subsequent years, the increase was 4.2 percent.

Perry's 21,000 figure was disputed by a PolitiFact check, which Public Citizen cited. PolitiFact said that Perry was counting all physicians licensed in Texas - the number actually practicing was 12,788 - since 2003. Experts said most of that increase was due to population growth, not tort reform.
For more information on this story, please visit http://www.statesman.com/news/local/report-texas-tort-law-has-failed-to-reduce-1910690.html?cxtype=ynews_rss.

Woman awarded $1.4 million for delivery of decapitated baby

Mon, 10 Oct 2011 08:00:00 EST

A Louisville, Kentucky woman was recently awarded $1.4 million for watching as her still born baby was decapitated during delivery. The jury found two doctors liable, but not the hospital or nurses involved with the delivery. The jury split responsiblity between the two doctors at 57% for Dr. william Koontz, and 43% for Dr. Joseph Bilotta. Neither the doctors' attorneys nor the jury commented after the verdict was read. Information from www.courier-journal.com
If you or someone you know has been injured due to hospital or doctor negligence while delivering a baby, please contact our office for a free consultation at 314-241-2500.

Grief Support and Counseling

Thu, 06 Oct 2011 08:00:00 EST

These are some tips by Joel Feldman a lawyer in Philadelphia and some comments by Alvin Wolff who has had a lot of experience in working with bereaved family members in wrongful death matters.

1. Don't judge a person's grieving. No one knows how anyone else is feeling.

2. Mention the deceased person's name and tell a nice story about the person.

3. Reach out and be supportive after the funeral and after everyone has gone back to their lives.

4. There are no right things to say but it is wrong to say nothing.

5. It's never to late to send a card, an email or a note.

6. There is nothing inappropirate in suggesting a grief counselor. When somebody dies, all the bereaved individual's relationships have to be remade and remade. It's work and there's nothing wrong with having some help.

Unusual Defensive Posture

Tue, 27 Sep 2011 08:00:00 EST

Case goes to trial October 3. Here's the defense.
1. The accident didn't happen the way the plaintiff said so it's not the defendant's fault
2. If it did happen the way the plaintiff said, she's doesn't have the medical condition she's claiming.
3. If she has the medical condition she's claiming it's not that bad.
4. If you don't believe 1, 2 or 3, the plaintiff is crazy.

Very strange indeed.

Amending Your Medical Record

Wed, 21 Sep 2011 08:00:00 EST

Keys to Patient Safety

Requests to Amend a Medical Record

As the first medical professional liability insurer to establish a patient
safety department, The Doctors Company remains the leader in developing
innovative tools that can help you reduce risk and keep your patients
safe.

Patients have the right to request an amendment to their medical record.
Physicians have the right to determine if the change will be made. The
medical record should contain both the patient's request and the
physician's response.

When a patient requests any kind of amendment to his or her medical
record, follow these guidelines to help ensure clear documentation:

The patient's request must be in writing and he or she must sign and date it.

The request must be directed to the originator of the portion of the
record that the patient wants to amend.

The request must state which portion of the record the patient wants
amended and how he or she wants it to be amended.
The patient's request is then filed in the record with the pertinent entry.

Example 1
During an executive physical examination, a physician asks the patient how
many alcoholic drinks he has in a day. Because the patient does not drink
every day, he responds that he has about five drinks each week. The
physician incorrectly documents "ETOH: 5/day." Subsequent health care
providers who have received copies of this physical examination reference
the patient's "daily" alcohol intake. The patient eventually identifies
the source of the confusion and requests an amendment to the medical
record.

Example 2
A patient returning for follow up of her back strain due to gardening now
insists that the original injury occurred at work and wants the prior
visit note changed.

The provider, who may agree, partially agree, or disagree with the
patient's request, should take the following steps:

He or she indicates that "per the patient's request, the record is amended
as follows" and makes any appropriate changes or writes "I disagree with
the patient's request and the record will not be amended." The provider
then signs and dates the response and places it with the patient's request
in the medical record with the pertinent entry.

The provider must make reasonable efforts to inform other individuals who
received the original medical record and provide them with the amendment
within a reasonable time, especially if the amendment provides information
that may be detrimental to the patient.

The provider must act on the patient's request for an amendment no later
than 60 days after receipt of the request.

The record should clearly display in writing any efforts by the patient to
amend the record and the provider's response to the patient's request.
This documentation then becomes part of the patient's medical record.

By Susan L. Marr, MSA, CPHRM, Patient Safety/Risk Management Account
Executive, Southeast Regional Office, The Doctors Company.

Alex Wolff Passes The Bar and Joins the Firm

Sun, 18 Sep 2011 08:00:00 EST

Alex Wolff, Cornell 2008 and Washington University J.D. 2011, has been admitted to the Missouri Bar and is now at work. He has been to court, attended depositions, helped with focus groups and is a big asset. When you see Alex, be sure to congradulate him on his accomplishment.

Alvin Wolff's Fall Spinning Schedule

Sun, 18 Sep 2011 08:00:00 EST

Come get some exerice and listen to some rock and roll. Remember, all fees earned by me from spin training get donated to a local food bank.

Alex Wolff Passes The Bar

Thu, 15 Sep 2011 08:00:00 EST

I am pleased to announce that Alex Wolff has passed the bar and is now working at the firm. Alex went to undergraduate school at Cornell where he majored in economics and played varsity squash on the nationally ranked #9 team for 4 years. He continued his studies at Washington Univerisity Law School in St. Louis. He will be very busy with court appearances in his first week and then he's going to Napa Valley for a 3 day seminar with internationally known trial consultant Rodney Jew to help me get ready for a case in mid October. If you see Alex, say hi and wish him well on his new journey.

Report on 2011 Multiple Sclerosis Bike Ride

Mon, 12 Sep 2011 08:00:00 EST

I'm happy to report that I finished the MS Ride this year. Our time for the 75 mile route was 4:15. Fundraising was difficult this year due to either the economy or people are tired of hearing me ask for money. On the way to Columbia, I thought that this year would be my last ride. Because I was the number 1 fundraiser last year, the number 2 guy came over to me and thanked me for my efforts because his wife was wheelchair bound with MS and my efforts may make a breakthrough so that she can walk again. Based on that, I'll ride again next year.

It was a beautiful day and training paid off.

Alvin Wolff to Chair 2012 Senior Olympics In St. Louis.

Fri, 26 Aug 2011 08:00:00 EST

I'm pleased to announce that I have agree to chair the 2012 Senior Olympics. I hope to beef up participation and to add a few new sports for the next games. Any suggestions or voluneers would be appreciated.

Don't Tell Tales To The Court

Fri, 26 Aug 2011 08:00:00 EST

Today my opponent asked for a continuance on a case that had been on the docket for a year. He said he had a conflict with another case set in another court. He forgot to tell the court that my case was older, was set for trial first and that he had also filed a motion to continue the other case. Boy was the judge irritated. He denied the motion and I think that lawyer has lost credibility with the court for the rest of the case. We will see.

Medical Malpractices Cases Aren't Any Easier To Win

Mon, 15 Aug 2011 08:00:00 EST

In the August 15, 2011 issue of Missouri Lawyers Weekly, there is an article that discusses 65 malpractice cases reported in the paper over the last two years. Of 65 cases reported, fifteen were settled and of the 50 that went to trial, 76% resulted in verdicts for the doctors or hospitals. These statistics are such because:

1. The really bad cases settle before trial.
2. People like their own doctors, so they tend to believe doctors in court.
3. When a good doctor believes he has given good care, he wants to go to court.

If you think you have a case where:
1. The doctor makes a nice appearance.
2. The doctor has a reasonable explanation for what happened.
3. The doctor acted like he cared.

You will probably lose. If you think you have a case, call for a no charge consultation. 314 584-4109

Notice Requirements For Falls On Municipal Property

Mon, 15 Aug 2011 08:00:00 EST

Today, a client came in with a bicycle accident. He was going about 20 miles an hour when his front tire hit a pothole that was hard to see due to shade over the hole. He fell and broke his pelvis. Before he was hurt, somebody else had notified the city where the fall occured regarding the dangerous condition.

Cities are notorious for saying that they have too many roads to be aware of dangerous conditions because they don't have the resources for inspections. Fortunately, in this case the city was notified in advance of the hazard.

When you are hurt on a city street or sidewalk, besides proving notice, you generally have 90 days to notify the mayor or city manager of the condition, the location and the reason for the fall. Without providing proper notice, your claim can be defeated.

Alvin Wolff to Lead Two Hours of Spinning At Benefitness At JCC Staenberg on August 14, 2011

Wed, 03 Aug 2011 08:00:00 EST

http://www.stljewishlight.com/news/news_schmooze/article_c9e35d8a-b2df-11e0-934a-001cc4c002e0.html

http://www.benefitness4all.org/

This fitness event is for all of us lucky enough to be healthy having an opportunity to give back to the community. I will be teaching spinning at 11:30 and 12:30. Come join me.

Pedal The Cause

Wed, 03 Aug 2011 08:00:00 EST

Pedal the Cause is a fundraiser for the Siteman Cancer Center. I will be working and leading a ride in the spin tent at 11:30 am on 10-2. Check out pedalthecause.org and register for the ride. See you there!

Malpractice In Radiology

Fri, 29 Jul 2011 08:00:00 EST

This is a guest post written by Anderson Hawthorne, a biomedical engineer and contributor at x ray tech, a radiology technology resource site.

Malpractice in Radiology

Radiology is an important branch of diagnostic health care because it has the power to catch illnesses before they become a problem, plain and simple. As a patient, you might get an x-ray at the dentist's office or have a CT scan to help diagnose the source of a migraine. Radiological technology helps guide doctors during intense surgeries and is pivotal to the early detection of many different ailments, including potentially cancerous cell masses. Radiologists of all kinds are usually the first people to know about a given patient's potential problems, so they hold a heavy responsibility for documenting any and all abnormalities, and for reporting those abnormalities to the right physicians.

Radiological equipment itself is purported to cause cancer, since it uses low doses of radiation that can damage healthy cells. There have been many instances of this occurring over time, but it is still heavily disputed. With so much that can go wrong during radiology procedures, they tend to be a hotbed for malpractice claims (whether inadvertent or otherwise). If you undergo frequent radiological treatment, it is important for you to understand where problems can arise that might implicate your rights as a patient.

Aside from the human error involved, medical imaging is a risky procedural business. In 2000 Sue Apsey went to her radiologist after a cyst removal surgery. She claimed that the radiologists had failed to detect (or report) a bowel leak that had occurred as a result of this surgery. The mistake was made worse when the barium used for Aspey's medical imaging procedures leaked into her intestines, causing a slew of infections that required numerous additional surgeries, and even skin grafting. She was awarded $3 million.

Radiology is notorious for its use of x-rays, which, even in low doses, have the potential to be harmful to healthy cells. Fetal cells are especially susceptible to radiological damage, so it's important to never undergo these procedures if you even think you might be pregnant. Two cases clearly involving unaware mothers highlight the potential for harm here. Of course, while exposure radiation is never outrightly recommended by anyone, in low doses it is believed to be harmless to a healthy person. If you think you might be pregnant, always err on the side of caution.

Errors whether large or small affect your longevity, and health care providers are paid a lot of money to make sure they do their job wholly and as painstakingly as possible. Radiologists are trained extensively in how to interpret radiographs of all kinds, but nobody is perfect. Recently a plaintiff in Pennsylvania held a hospital radiologist and a few other providers responsible for a man's death, for failure to note intra-abdominal bleeding. The jury found in favor of the defendants, since the hospital had radiographic evidence that disputed the plaintiff's case. If you are feeling pain that is contrary to your radiographic test results, make sure you take the effort to have your doctor thoroughly explain those results so that you can be absolutely certain you're getting the full details from your physician. And for radiologists -- always take caution and triple-check your results. Malpractice claims in this area are plentiful, so evidentiary support is key.

In the past, radiologists typically communicated their findings to a referring physician, who then wrote a report to the person's caregiver. But with so many instances of inadequacy in reporting and lost information, this practice is rapidly changing. All around the country legislators are deliberating on whether or not radiologists should report their findings directly to the physician in charge or to the patients themselves -- and with good reason. In 2006, a man in Fairfax, Virginia perforated his esophagus while eating a steak dinner. The CT scan performed prior to this man's treatment indicated this exact injury, but the radiology notes that were forwarded to the operating physician told a different story. This man later died of his injury and his family successfully sued the radiologists for misdiagnosis.

Radiology has received a lot of attention recently and the practice has begun to rigorously clean its act. One of the most popular solutions to many of the above problems is direct interaction between patients and radiologic technicians to make absolutely certain that all of the results are understood as thoroughly as possible. Some radiologists still claim that many of the suits filed against the profession as a whole are unfounded and that patients place unrealistic demands on the results, but always be cautious. This is your life, and if you are involved in radiological therapy of any kind, know that you have the right --and the duty-- to speak out if you think something isn't going how it should.

Alvin Wolff Announces Membershhip In The Association of Interstate Trucking Lawyers Of America

Thu, 28 Jul 2011 08:00:00 EST

I am pleased to announce that I have joined APITLA, the largest and most prestigious national trial lawyers' association devoted exclusively to interstate trucking litigation. My friend, John Romano, says: "There is not a single organization on Planet Earth which will help you and your clients more in the handling, litigation, mediation and trial of your trucking cases than APITLA."

I am excited to be a member and this will help in my trucking cases.

New Standards For Women's Mammograms

Tue, 26 Jul 2011 08:00:00 EST

Annual Mammograms Now Recommended for Women Beginning at Age 40

Washington, DC -- Due to the high incidence of breast cancer in the US and the potential to reduce deaths from it when caught early, The American College of Obstetricians and Gynecologists (The College) today issued new breast cancer screening guidelines that recommend mammography screening be offered annually to women beginning at age 40. Previous College guidelines recommended mammograms every one to two years starting at age 40 and annually beginning at age 50.

According to Jennifer Griffin, MD, MPH, who co-authored The College guidelines, the change in mammography screening for women beginning at age 40 is based on three factors: the incidence of breast cancer, the sojourn time for breast cancer growth, and the potential to reduce the number of deaths from it. The time period between when a breast cancer may be detected by a mammogram while it is very small and before it grows big enough to become symptomatic is known as the sojourn time. Although the sojourn time of individual cancers can vary, the greatest predictor is age. Women ages 40-49 have the shortest average sojourn time (2-2.4 years), while women ages 70-74 have the longest average sojourn time (4-4.1 years).

"Although women in their 40s have a lower overall incidence of breast cancer compared with older women, the window to detect tumors before they become symptomatic is shorter, on average," said Dr. Griffin. The five-year survival rate is 98% for women whose breast cancer tumors are discovered at their earliest stage, before they are palpable and when they are small and confined to the breast. "If women in their 40s have annual mammograms, there is a better chance of detecting and treating the cancer before it has time to spread than if they wait two years between mammograms."

The College continues to recommend annual clinical breast exams (CBE) for women ages 40 and older, and every one to three years for women ages 20-39. Additionally, The College encourages "breast self-awareness" for women ages 20 and older. Enhanced breast cancer screening, such as more frequent CBEs, annual MRI (magnetic resonance imaging), or mammograms before age 40, may be recommended for women at high risk of breast cancer. Breast MRI is not recommended for women at average risk of developing breast cancer.

Breast cancer is the second leading cause of all cancer-related deaths among American women. The incidence of breast cancer in the US declined 2% each year between 1999 and 2006, and deaths from breast cancer have also declined steadily over the past two decades. Evidence suggests the drop in breast cancer rates is most likely due to fewer women getting mammograms and therefore not being diagnosed, as well as a significant drop in women using hormone therapy for menopausal symptoms. "The good news is that fewer women are dying from breast cancer because of earlier detection and improved treatments," said Gerald F. Joseph, Jr, MD, Vice President for Practice Activities of The College.

The College's breast cancer screening guidelines also address clinical breast exams and breast self-awareness.

Clinical Breast Exam

Studies on CBEs suggest they can help detect breast cancer early, particularly when used along with mammograms. Thus, The College recommends that women ages 40 and older have an annual CBE performed by their physician. Although the benefit of CBEs isn't clear for those younger than age 40, The College continues to recommend that women ages 20-39 have a CBE every one to three years.

Breast Self-Awareness

The traditional breast self-exam (BSE) has shifted toward a newer concept called "breast self-awareness." BSE is performed in a systematic way on a regular basis, typically monthly. Breast self-awareness, on the other hand, is women understanding the normal appearance and feel of their breasts, but without a specific interval or systematic examination technique. The College endorses educating women ages 20 and older regarding breast self-awareness.

"The goal here is for women to be alert to any changes, no matter how small, in their breasts, and report them to their doctor," said Dr. Griffin. "Although we've moved away from routinely recommending BSEs, some women will want to continue doing them and that's OK."

According to The College, there is no consensus on the upper age limit for mammograms, although the benefits of screening declines with increasing age compared with the harms of overtreatment. Women ages 75 and older should discuss with their doctor whether to continue getting mammograms, said Dr. Griffin.

Practice Bulletin #122 "Breast Cancer Screening" is published in the August 2011 issue of Obstetrics & Gynecology.

# # #

The American College of Obstetricians and Gynecologists (The College), a 501(c)(3) organization, is the nation's leading group of physicians providing health care for women. As a private, voluntary, nonprofit membership organization of approximately 55,000 members, The College strongly advocates for quality health care for women, maintains the highest standards of clinical practice and continuing education of its members, promotes patient education, and increases awareness among its members and the public of the changing issues facing women's health care. The American Congress of Obstetricians and Gynecologists (ACOG), a 501(c)(6) organization, is its companion organization. Follow us on Twitter at www.twitter.com/acognews and at www.acog.org.

New Guidelines For Children's Toys

Tue, 26 Jul 2011 08:00:00 EST

The U.S. Consumer Product Safety Commission (CPSC) voted 5-0 on July 20 to approve new third party testing requirements, through a notice of requirements, to ensure the safety of children's toys. While the toy industry has had to comply with mandatory toy safety requirements for more than two years, the Commission voted to give manufacturers, importers and private labelers additional time to put a third party testing program into place.

(Logo: http://photos.prnewswire.com/prnh/20030904/USCSCLOGO)

CPSC has approved a stay of enforcement on the requirement for third party testing and certification of children's toys until December 31, 2011. The Commission will enforce third party testing and certification of compliance based on the testing for toys manufactured or imported after that date.

In the Consumer Product Safety Improvement Act of 2008 (CPSIA), Congress required that the existing voluntary standard become a mandatory standard and directed CPSC to require testing to that standard. In May 2009, the Commission adopted the updated voluntary ASTM standard known as F 963-08 as the mandatory safety standard for toys and ASTM F 963-07-1 as the mandatory safety standard for toy chests.

Safeguards in the mandatory toy standard strive to eliminate electrical, thermal and mechanical hazards, including cuts from broken wires, strangulations from long cords, burns from heating elements, shocks from electrical circuits and suffocations from hemispherical-shaped objects.

Motorcycle Tip

Tue, 26 Jul 2011 08:00:00 EST

1. watch out for deer
2. careful of grass clippings on curves
3. look out for potholes
4. be wary of rocks and gravel
5. have awareness that a sharp curve can be beyond that hillcrest
6. always cross rails at a 45 degree angle
7. drifting drivers are either drunk or intoxicated by cell phones and texting
8. left turning drivers will not see you
9. half of all motorcylce crashes happen in the first 6 minutes of a ride (The Hurt Study 1961)

Some accidents happen; all are avoidable. If someone else causes the accident, give us a call at 314 584 4109

Fire Extinguisher Guidelines

Mon, 25 Jul 2011 08:00:00 EST

There are three types of fire extinguishers.

A types can put out fuel fires: wood, cloth, paper, rubber and plastics
B tyoes works on liquids like gasoline, kerosene, oil, paint and kitchen grease
C types put out electrical fires.

You should have a multi purpose extinguisher in your house to work on all three types of fires.

Keep an extintuisher in your garage, kitchen and near open flames as well as have one near an exit with an easily indentifiable escape route.

Make sure your extinguisher is current. If it is expired, throw out and replace.

Opposing Experts

Fri, 01 Jul 2011 08:00:00 EST

Sometimes you just get lucky. In a current case I took an experts deposition regarding critical care medicine. She said she spent 10 hours on a case involving 1200 pages of records and nearly 40 depositions. When I aske d her about a critical event invovlving a certain doctor she said: "I'm sorry, I don't know how he fits in here." My son read the depo and got back to me and said "polly want a cracker". That's how I've felt about every expert hired by the defense in this case.

This case will be remembered as the Polly Want A Cracker defense.

Watch Hot Coffee The Video

Tue, 28 Jun 2011 08:00:00 EST

Hot Coffee The Video is a masterpiece. It shows how the Chamber of Commerce and other conspired to villainize ordinary people with good and deserving cases. It is available On Demand or on HBO. Watch and let me know your comments after viewing. Follow this link for the trailer. http://www.youtube.com/watch?v=bBKRjxeQnT4

Facebook

Thu, 23 Jun 2011 08:00:00 EST

Recently I was fortunate enough to have a defendant aplogize to a client's sister about running over my client and leaving the scene. On Facebook! She then went on to say that she left the scene and drank a few beers which is why she was drunk when the police picked her up.

If you do something bad, don't put it on facebook.

Caps In Medical Malpractice Cases Are Wrong

Wed, 08 Jun 2011 08:00:00 EST

I've had several cases this year where the caps of $350,000 clearly are wrong and unfair. One claim involved the death of a 35 year old father of 3 and a husband. The other claim involves a 20 year old man whose future was ahead of him and whose life's path has been unfairly and preventably altered. These caps are such a fiction and they discriminate against those who really deserve more compensation for what has happened to them.

The caps come into play so rarely that their existance is a non issue. If anybody has any ideas on how to make them go away, please advise.

Alex Wolff Graduates From Law School

Fri, 27 May 2011 08:00:00 EST

I am pleased and proud to report that Alex Wolff has graduated from Washington University in St. Louis. He will be taking the Missouri bar examination in July and will begin working with us after the test.

Concussions

Thu, 26 May 2011 08:00:00 EST

Symptoms of a concussion:
1. headache
2. dizziness
3. nausea
4. disturbed balance
5. confusion
6. double vision
7. ears ringing
8. seeing stars

Signs of a concussion
1. loss of consciouness (only 5% of the time)
2. convulsion
3. unsteady gait
4. slow to answer questions
4. poor concentration
5. unusual emotions
6. vomiting
7. glassy eyed
8. slurring
9. decreased coordination

These lists are not complete and other symtoms and signs may exist. If you have a head injury that is not your fault, we'll be happy to talk to you about your rights.

Missouri Law Changes Rules For Going Back Into A Game After A Concussion

Thu, 26 May 2011 08:00:00 EST

The St,.Louis Post Dispatch reported today that a new Missouri law target young athletes with head injuries. A 24 hour waiting period and visit to a specialized doctor are required before going back into the game. This law has been a long time coming and will hopefully prevent more serious complications.

Grief and Loss

Mon, 11 Apr 2011 08:00:00 EST

A new book just came out: GRIEF AND LOSS by Hall and Tecala. Very interesting book in help folks deal with grief and recommendations for therapies. It is published by Trial Guides and is highly recommended.

Rules of The Road - Bicycling

Thu, 07 Apr 2011 08:00:00 EST

Many of us are cleaning off our bikes and beginning to ride. Here are a few tips for having a safe and hassle free spring:

1. Check tires for wear and rot. No one wants a flat on the road.
2. Check chain for rust and wear.
3. Check brakes and make sure they're working
4. Make sure reflectors are still on bike.
5. Check your helmet for cracks. If it is even slightly broken, throw it away and get a new one.

When riding:

1. Don't forget, you own the lane. It's ok to travel to the far right but nobody says you have to go into the gutter and stay off the roadway.
2. Obey traffic signals and signs.
3. Watch out for drivers who are not paying attention.
4. Watch out for drivers who are turning without signaling.
5. Watch out for drivers who may be blinded by the sun and who cannot see you.
6. Watch out for drivers talking and/or texting.

Bike Tips Spring 2011

Thu, 07 Apr 2011 08:00:00 EST

1. get or give your bike a tune up.
2. check out:
   a. tires
   b. chain
   c. brakes
   d. reflectors
   e. helmet
3. If anything is broken or looks bad, get it checked out immediately or before you ride again.

These simple tips can prevent a world of hurt down the road.

Child Proofing Windows

Fri, 01 Apr 2011 08:00:00 EST

A sheriff's office in Minnesota recently sent out a tip for child proofing windows that bears passing on:

1. Have your screens secured
2. Make sure that children can't get up to the windows by having funiture away from the window
3. Have the windows open from the top instead of from the bottom.
4. If feasible put in window guards.

Keeping your home safer will prevent needless injuries to family members you care about.

Diagnosis Errors

Fri, 01 Apr 2011 08:00:00 EST

Diagnosis errors occur in the following ways in health care:

1. Confirmation bias - the health care provider comes to a conclusion early based on what he's thinking about and this causes him to consider all possible diagnosis.
2. Failure to order tests.
3. Failure to follow up on tests.
4. When the health care providers fail to communicate with one another.
5. When the patient omits complete health history when being interviewed by the nurse or doctor.

Ways To Help Your Doctor Prevent Diagnois Errors:

1. Ask what the diagnosis is and why your doctor has come to that conclusion.
2. Ask if there are any other diagnosis that may exist and why those have been ruled out.
3. Make sure you have an advocate in a friend or family memeber.
4. Make a list of your symptoms and record when the symptoms occur, what time of day they occur, and what relieves or exacerbates the symptoms.
5.Write down your medications and the dosage.
6. Be proactive and follow up on your test results. Don't wait for the call. Someone may forget about them.
7. Do your own research.
8. Get a second opinion.
9. Have lab results repeated if necessary.
10. Speak up. Being responsible for yourself is no body's business but your own.

Biking In A Foreign Country

Thu, 24 Mar 2011 08:00:00 EST

This is being written while I'm biking around Southern Vietnam. Scooters outnumber autos probably 10-1. Scooters travel 3 abreast per lane and when you have to cross the street you just step into the street and walk slowly and steadily and hopefully noboy will run you over. If you are coming from a driveway or alley into the street, nobody bothers to look left; they just proceed as if nobody is there and nobody will be hit. People routinely run lights and it's not unusual to have vehicles coming in your direction in your lane. It takes some getting used to. I have been riding my bicycle around cities where there are many roundabouts and thousands of scooter operators. Many are talking on their cell phones while riding. Most people don't have insurance. I don't think I could make a living in Vietnam. The country is beautiful and the people are very friendly. They are hard working and they truly want to please.

Good Morning Vietnam - Nothing to Do With Law

Mon, 21 Mar 2011 08:00:00 EST

I'm writing this from the South China Sea. I've been in Vietnam for 4 days having been to Saigon and Na Trang. I'm seeing this country 35 years after U.S. Forces left and it's a very progressive country that is still poor. The people are friendly and tourism seems to be the wave of the future. We're in a place that is surrounded by two hundred islands. Yesterday we visited 3 of them and we went diving on one of the islands. The reefs look healthy and there are thousands of colorful fish. The Vietnamese are industrious and hard working. There are no fat Vietnamese people and there is no fast food here except for an occasional McDonalds or KFC. Today we start a 5 day bike trip and head to the hills. It's great to take a break. Will give me a new perspective when I return to work.

Individuals Rights On The Line In Jefferson City

Wed, 16 Mar 2011 08:00:00 EST

http://show-mefairness.blogspot.com/

This link is an example of the mischief going on Jefferson City as it pertains to whistleblowers. Others may shortly have their rights curtailed in the worker's compensation area and the ability to make claims against co workers who injure one another.

If you think this is wrong and that your representatives should be taking care of the people who vote for them rather than the corporations who give them money...write your representatives and senators and tell them to vote no on these bills. If the bills pass, urge Governor Nixon to veto these bills.

Many of you who are reading this are defense lawyers. Unless you want to become a bankruptcy lawyer or write wills, you should be against these bills as well. These representatives are the same folks who are trying to turn over the puppy mill law as well. Voters be damned!

Alvin Wolff featured in St. Louis University Law School Magazine

Tue, 08 Mar 2011 08:00:00 EST

I was flattered that an article about me appeared in the St. Louis University Law School Magazine. Anybody who wants to see a copy should should send an email to awolffjr@aol.com and I'll be happy to forward it to you.

Alvin's Spinning Schedule Through March

Tue, 08 Mar 2011 08:00:00 EST

Travel for work is taking me away a lot. My schedule is March 9 4:30
March 12 4:00
March 16 4:30
March 30 4:30

Storyboarding

Thu, 03 Mar 2011 08:00:00 EST

In my office, if I'm working on a case in litigation, your case will be story boarded. That allows me to map out and present in a coherent and cohesive way your case. What the law is; what happened to you; what everybody says about why it happened and what your losses are. Of course this is an oversimplification, but you can't expect me to give up all my secrets on the internet. If you have a serious case, call me and I'll show you by example.

What My Opponent Goes Through

Wed, 02 Mar 2011 08:00:00 EST

http://www.youtube.com/watch?v=x1IyVpBk1EY Hit the link and you will see a very real enactment of what my opponents go through on their cases.

Potholes and Wrecks

Fri, 18 Feb 2011 08:00:00 EST

At this time of year, the roads start to crumble and potholes appear out of nowhere. Despite being more careful, many of us will have blown tires and lost hubcaps. Some of us will be in accidents due to potholes. To sucessfully prosecute a claim, we would have to prove that the pothole was around long enough for the city or municipality or state (depending on who had control of that portion of the roadway) to have either constructive or actual notice of the hazard to have reasonably fixed it. If there are potholes, report them. Many cities have a database where this information is kept. This helps one prove notice. The city of St. Louis has said there are enough streets to drive from St. Louis to San Francisco. They don't patrol the streets. They just wait for a complaint. Many times, the city does nothing about it. The database helps prove notice and a greater liklihood of success. s

Alvin Wolff named to Top Attorneys List In USA for 2011

Wed, 16 Feb 2011 08:00:00 EST

I'm pleased to report that I've been named to the Best Lawyers In America for 2011 in the areas of Medical Malpractice and Personal Injury. This is a very small list of lawyers and it was recently featured in St. Louis Magazine. The magazine incorrectly reported that I am employed by John Wallach. This is incorrect. John works for me. No really, John, a good friend of mine , shares space with me and we collaborate on cases from time to time. A correction should be in the next issue of St. Louis Magazine.

What It's Like To See A Trial Lawyer

Tue, 15 Feb 2011 08:00:00 EST

http://www.facebook.com/#!/profile.php?id=502948104

Check this out. This is what I deal with on a daily basis.

Noted jury consultant Rodney Jew to work with Alvin Wolff

Wed, 09 Feb 2011 08:00:00 EST

Rodney Jew has revolutionized the way juries are picked and how evidence is presented. Alvin Wolff is packing his bags and spending a week with Rodney to learn his ways. Alvin says: "The results Rodney has helped his clients obtain are nothing less than fantastic. He as been consulted on over 35 record verdicts across the United States and I want to get in on the action and see what difference Rodney brings to the case."

Malpractice Bill Proposor"s Motivation Is Called Into Question

Wed, 09 Feb 2011 08:00:00 EST

The congressman who is sponsoring the Federal Medical Malpractice Bill has some lawsuits in the past. It seems like the cases were meritorious from the patient's standpoint. Why does this guy want to keep people from going to court? Why does this guy want to make it so expensive that the little guy has no chance of winning?

Copy and paste this link in your browser bar to read all about it.

http://www.nytimes.com/2011/02/09/health/09malpractice.html?_r=1

Experts and Things I Just Don't Get

Tue, 01 Feb 2011 08:00:00 EST

I fly to Chicago to meet with my critical care doctor. He's working on a fairly complicated medical malpractice case with 18 depostions. He shows up for the deposition with no notes, no medical records and a pretty good memory. He does a good job. Why he fails to bring his records, I don't know but at the rates these guys charge, and they do earn their money, they should bring the records. Anyway, I've seen worse and I've seen better. It's just another thing to turn my hair gray and cause me sleepless nights. I guess I have to remind these guys to bring their homework to the depositions, although this has never happened before. Lesson learned.

If You Have A Serviceman Come To Your House, Make Sure It's Safe

Mon, 31 Jan 2011 08:00:00 EST

This call reminded me about what I should do when it snows. Unless you are a hermit, all kinds of people may come to your house or condominium after a snow. These folks are trying to do their job and they are business invitees. They are coming for their benefit and yours. The caller had been asked by his passenger to help with 6 pieces of luggage for an airport ride. The caller did not want to get out of his cab because the driveway was icy. It had been 4 days since the last snow. The passenger reminded the caller that helping with the bags was part of the job. The caller said ok, one step and crack! Guess what? It's a good thing that the passenger had homeowners insurance. Moral of the story? Clean you walkways that will be used after a snow. The next claim made may be against you if you don't.

Wrongful Death-Suicide Is It Actionable

Thu, 27 Jan 2011 08:00:00 EST

This is kind of cool. One of my first trials almost 30 years ago involved a pig farmer's wife who hung herself after getting a medicare claim in the mail which stated that she had a "brain tumor." My jury was out for 20 minutes and gave a nice award to her 85 year old surviving spouse who said she was the best person with baby pigs that he'd ever saw. The Missouri Supreme Court issued a ruling on January 25, 2011, Kivland vs. Columbia Orthopedic Group which reversed a lower court throwing out a case where the plaintiff's decedent suicided after intractable pain following an operation that went haywire. The court cited my case, Stafford vs. Neurological Medicine Inc. in holding that the trial court made a mistake throwing out the case and therefore the Plaintiff will have her day in court for her husband's wrongful death.

I might add that my opening statement in the Stafford case was listed in the Matthew Bender Book on Opening Statements.

Wrongful Death-"People Can't We All Just Get Along?"

Thu, 27 Jan 2011 08:00:00 EST

I've handled a number of Missouri Wrongful Death Cases both in the Medical Malpractice and Personal Injury Arena. It seems that the less the deceased person is loved, the more the family fights over the money. Alternately, the more the deceased person is loved, the less the family fights over the money. It's a very wierd phenonomen. Have recently resolved three cases in the last month, all of the families were relatively close. All truly loved the departed family member and everything went smoothly even when there were different children from different parents. On the other hand, one of my office mates had a case where nobody had any contact with the dead family member. They're still fighting how to divide the money. One wonders why they're getting any money at all! The lesson is, most wrongful death cases are not about the money, although that is the only measure of retribution. They are about the wrongdoer being held accountable for the harm caused.

Multiple Sclerosis Night of 1000 Stars

Sat, 15 Jan 2011 08:00:00 EST

The Gateway Chapter Multiple Sclerosis Society will honor its top fundraisers on January 27, 2011 at the Sheraton Westport at 6pm. Everyone who raised at least $1 for each person in the St. Louis area with M.S. will be given a mission possible award. I will be getting my third. It's a great cause. Join my team or please be generous and donate to Alvin Wolff as a rider for the 2012 M.S. 150 Ride this September.

Spinning At The JCC

Sat, 15 Jan 2011 08:00:00 EST

Spinning is one of the world's greatest workouts. I teach at the St. Louis JCC Staenberg Facility on Wednesdays at 4:30 and Saturdays at 4 pm. It is great way to kickstart your evening. You burn about 600 calories. I get to tell you what to do and pick the music that you will do it to. It is a great workout.

All of my pay goes to charity which generally is a local food bank.

Please try out my class and make sure I can support local charities while keeping my gut small and petite!

Parkway Central High School

Thu, 13 Jan 2011 08:00:00 EST

Hopefully I made 400 students aware of the hazards of cell phones and driving, texting and driving, inadequate motorcycle helmets, train crossings and stuck elevators. The students appeared engaged and asked good questions. the only diffenece between my presentation and the Final Destination Movies was that my photos were real versus Hollywood.

Boom-Icy Roads Mean Car Wrecks

Wed, 12 Jan 2011 08:00:00 EST

It certainly has been a wild 24 hours since the snow started falling in Missouri. Over 74 crashes were reported. This time of year always brings accidents along with the snowy and icy weather and drivers who simply aren't paying attention to the hazerdous conditions. The safest strategy to avoid weather related accidents is to stay home and avoiddriving. For those of us that can't afford this luxury is to just remember to drive slow and watch carefully for others. After all, an ounce of prevention is worth a pound of cure.

I certainly hope that everyone involved in these accidents has fast recoveries from their injuries. Car accidents can take a great toll on a person both physically and mentally. And often times injuries may not reveal themselves until weeks after an accident is over.

Need Help With Wrongful Death Proceeds Division of Funds-Please Participate!

Wed, 12 Jan 2011 08:00:00 EST

Have 43 year old decedent African American. Leaves behind husband dependant on her for financial support. Grown daughter 28. Not getting any financial support. College son 22. Mom was paying about 1,200 a month for son and has $8,000 left for tuition. Mother and deceased was her only child no financial support given. Ideas for how the pie should be split in terms of percentages? Many thanks. THE MATTER IS RESOLVED. THANKS TO ALL RESPONDERS.

With Tonights Snowstorm Property Owners and Drivers Have More Duties

Mon, 10 Jan 2011 08:00:00 EST

We're expecting 4-8 inches tonight. Property owners have a duty, sometimes, to adquately clear the snow. Drivers have a duty to control their car on slick roads. People get carried away, accidents happen and lives are changed. If you've had a bad accident due to snow and ice and have questions or need legal representation, call Alvin Wolff at 314-584-4109

Power Balance Bracelets Admit Fraud!

Fri, 07 Jan 2011 08:00:00 EST

If you have a power bracelet and it's helped you in sports, you may as well get a ouiji board to communicate with the dead. No offense to those who have communicated with the dead by another medium. These bracelets are a fraud and it had been admitted as such. Call us at 314 584-4109 if you've been a victim of this fraud.

Dog Bite Incidenets Are Up

Thu, 06 Jan 2011 08:00:00 EST

Dog bites are up in the area. We have handled many animal attack cases invovling children and adults. If you'd like a free consulation, please call.

Untimely Anti Coagulation Cessation Wrongful Death Case Resolved

Tue, 04 Jan 2011 08:00:00 EST

Elderly client on Lovenox due to deep vein thrombus. Lovenox is a drug that keeps the blood from clotting. The Lovenox was untimely discontinued and the decedent had a pulmonary embolus. Clients were surviving spouse and three grown children. Claim satisifed to satisfaction of all parties.

Vacaton Give One Time To Reflect and Grow

Tue, 04 Jan 2011 08:00:00 EST

Today is my last day of an almost two week vacation. I've had my whole family around me which doesn't occur too much anymore. These few days have given me time to freshen my approach and take a different look at how I'll attack my pending cases when I get home. This will be a challenging yeaer and I have some major trials on the horizen. I will be spending a week in California with a jury psychologist working on one particular case. I've added another spinning class that I am teaching that will help me stay in top physcial shape. I'm looking forward to whatever the future holds and the exciting challenges that await.

Getting the Police Report-Delays

Mon, 20 Dec 2010 08:00:00 EST

Sometimes a personal injury claim is intertwined with criminal acivity. If the civil defendant is also potentially a criminal defendant, the police investigation can take longer and that can delay the release of your police report. If there is an indictment, the prosecuting attorney can hold off on releasing the report to the victim and the victim's representative. I have found on occasion, that our investigation is sometimes more complete than the authorities.
If you need a civil lawyer, make sure you either hire us or someone who will turn over all the rocks to get the job done. If you think we can help you or just want to find out, give us a call at 314-584-4109.

Bad Weather Driving and Car Wrecks

Thu, 16 Dec 2010 08:00:00 EST

There was an ice storm last night. In a short amount of time, the streets were glazed over and it looked like a winter wonderland. When I retrieved my paper today, boy was it slick! NOW is the time to really be defensive. Give yourself plenty of space between cars in traffic. You never know when you're going hit a patch of black ice and then...boom! Another needless wreck where you may have hurt somebody and you also have to mess around with insurance companies and body shops. Who needs that?

A few tips:
1. Drive below the speed limit.
2. Give yourself plenty of room between cars.
3. Ask yourself if you really need to go out in this weather.

I see parts of town don't get the roads as clean as the other parts so be really careful.

If you've had a personal injury in a car wreck, call our office. We may be able to help you more than you can help yourself.

Are Wrongful Death Damages Non Economic or Economic

Wed, 15 Dec 2010 08:00:00 EST

In a wrongful death case involving a non medical malpractice issue, it doesn't matter how you categorize the damages because there are no caps in Missouri non medical malpractice wrongful death cases.

In a medical malpractice case, the malpractice statute requires the jury to categories items of damages as being economic or non econmic. The wrongful death statute on the other hand requires that the value of the losses to the survivor of the deceased be valued as pecuniary and the reasonable value of the lost elements of damages described below. Pecuniary is defined as being realted to money. Reasonable value requires a correlation to money damages.

The damages are identified in a wrongful death case as follows:

537.090. In every action brought under section 537.080, the trier of the facts may give to the party or parties entitled thereto such damages as the trier of the facts may deem fair and just for the death and loss thus occasioned, having regard to the pecuniary losses suffered by reason of the death, funeral expenses, and the reasonable value of the services, consortium, companionship, comfort, instruction, guidance, counsel, training, and support of which those on whose behalf suit may be brought have been deprived by reason of such death and without limiting such damages to those which would be sustained prior to attaining the age of majority by the deceased or by the person suffering any such loss. In addition, the trier of the facts may award such damages as the deceased may have suffered between the time of injury and the time of death and for the recovery of which the deceased might have maintained an action had death not ensued.

What this means, I don't know. There are no cases on it, but it is something to think about.

What Kind Of Job Does The State Board of Physician Regulators Do

Sun, 12 Dec 2010 08:00:00 EST

Many times the state board on physicians lacks the muscle to discipline a doctor. This article describes the how's and why's of the procedure. Many times the doctor deserves something more than a reprimand. Read the article and let me know what yoiu think.

Valuing A Wrongful Death Claim

Thu, 09 Dec 2010 08:00:00 EST

I'm set for trial on a case in Pike County in January 2011. My client died at the age of 73. She was rehabiltating 4 fractures suffered in a bad car wreck, was quite immobile, but lived with her husband of 55 years and celebrated every holiday with her 3 grown children and their famillies. She had diabetes and was several years free of colon cancer. She lived a full life until she was in the car crash. Because of her fractures, she was on blood thinners (lovenox) to prevent blood clots. While home she ran out of her lovenox and the doctor said she did not need it anymore because he mistakingly thought that she was on another blood thinner, coumadin. She was not on coumadin. She died from a blood clot 3 days later.

What's the case worth? Forgetting about caps. This case is about the loss of a wife and mother. All responses appreciated but please, no wisecracks. This is serious stuff.

Thorough Discovery Reveals Smoking Guns

Sun, 05 Dec 2010 08:00:00 EST

So I'm working on this dog bite case. It doesn't sound very exciting after working on a spinal cord injury or a leg amputation malpractice case. It's not even as sexy as a motorcycle or bicycle accidental injury case...but sometimes getting in with a shovel can uncover some evidence which blows the doors off a case. Here's an example.

My client has a badly injured hand from being bitten 3 times by a dog. The insurance company tells me that the dog has never bitten anyone. A few months fly by and now the insurance company says that the homeowner says the dog has bitten one person. No big deal but it makes the case submissible to a jury. Now the fun starts.

Suit is filed and we exchange interrogatory answers which is called written discovery. I ask for the name of the vet taking care of the dog. I get the name and drive a subpoena over to the vet's office and I get 40 pages of records. Two years before my client's injury the owner takes the dog in and tells the vet that the dog has bitten her, her grandson, and her grandaughter. It gets better. He also tells her of potential legal implications in the future AND that the dog will bite again.

How cool is that?

Most of what I do is not rocket science nor is it brain surgery. You just have to be a ditch digger and keep digging until you hit an oil well or a diamond!

Driver Sues Family Of Deceased Cyclist

Fri, 03 Dec 2010 08:00:00 EST

http://bicycling.com/blogs/roadrights/2010/11/29/252/?cm_mmc=BicyclingNL-_-2010_12_02-_-blog-_-roadrights

Driver sues family of deceased cyclist becaused the decedent was not wearing a helmet. The driver had multiple drunk driving convictions and was going over 80 when he killed a 14 year old. He's suing for his mental distress. Crazy!

Elevator Accidents In Missouri

Tue, 16 Nov 2010 08:00:00 EST

Elevator Accidents in Missouri

Most people fail to realize that elevators are mechanical pieces of equipment. We take for granted when we walk into an elevator and push a button that it is going to take us to our destination without fail. However, that is not always the case. There are instances when the elevator will mislevel causing someone to trip into the elevator or to fall out of the elevator from an elevated platform.

There are instances where an elevator cable has been known to snap causing the elevator car to unexpectedly plunge to the pit below causing traumatic injury and death. There instances where the elevator may not have been maintained properly causing the elevator car to rise or descend without warning. There were also instances of the elevator doors closing unexpectedly trapping its victim and causing significant injury.

There are also rare instances when the elevator doors will open, and an unsuspecting rider, without looking, enters what should have been an elevator car waiting for him. Instead, the elevator doors open and there is no car and the person plunges to their death below.

In many instances of elevator accidents, the attorneys who represent the property owners, the maintenance companies and the property management companies routinely try to put the blame on the person who was entering or exiting the elevator for causing their own injuries. It's the old “We didn't do it, and if you had been more attentive, this never would have happened."

Any time elevator accidents occur, it is extremely important for the attorney to obtain as much information as quickly as possible. This includes obtaining photographs of the elevator as well as the control mechanisms and structures that house the elevator. When a lawsuit is brought, one of the key records that an attorney looks at are the maintenance records for that particular elevator. We look to see when the elevator had last been maintained and serviced and whether there were any complaints or problems that the maintenance company knew about or should have known about.

Elevator accidents usually result in significant injuries or death with extended hospitalizations and surgery should the person survive the fall. A victim of an elevator accident needs to consult with an experienced attorney immediately to preserve evidence and begin an investigation into the root cause of what happened.

New Guidelines For Concussions

Thu, 04 Nov 2010 08:00:00 EST

Neurologists issue new guidelines for concussions

Neurologists issue new guidelines for concussions

Associated Press | Posted: Thursday, November 4, 2010 12:00 am

LOS ANGELES • In an attempt to set a new standard for how amateur sports leagues treat brain injury, the American Academy of Neurology recommended that any athlete suspected of suffering a concussion be removed from play immediately and be seen by a physician specially trained in the evaluation and treatment of brain trauma. Athletes should not return to play, the group said, until they have been cleared by a specialist.

The nation's largest professional association of neurologists also recommended that certified athletic trainers be present at all sporting events — including practices — at which athletes are at risk of concussion.

The position statement, published this week in the journal Neurology, comes two weeks after the National Football League announced tough sanctions against the helmet-to-helmet tackles thought to carry the highest risk of brain injury.

The statement is likely to have its greatest effect on the 4.1 million players in high school and youth football leagues, whose practice sessions and games are rarely monitored by professionals trained to detect and treat brain trauma.

The explosion in youth sports over recent decades has put elementary and middle-school athletes at growing risk for concussion. The number of children seeking emergency care for sports-related concussions more than doubled from 2000 to 2005, according to a study this summer in the journal Pediatrics. That increase was driven largely by a surge in such injuries among children ages eight to 14.

Those numbers are a source of rising concern, experts say, since research suggests that young brains are more vulnerable to a concussion's effects and take longer to heal. The increasingly competitive culture of youth sports, paired with scant expert oversight, suggests that many young athletes are not removed from play quickly enough or long enough to protect their developing brains.

"Our mantra is 'when in doubt, sit them out,'" said Christopher Giza, a UCLA pediatric neurologist who helped draft the position statement. "We should be erring on the side of getting them out of a situation where they could be at risk of additional injury."

Professional sports and college athletic programs typically have trainers and sports-medicine specialists at games and practices. Following new guidelines adopted by the National Federation of State High School Associations, high school programs this fall began removing athletes suspected of having concussions from play and allowing them to return only after they have been cleared by "an appropriate health-care professional."

By contrast, youth leagues generally rely on volunteers and parents to judge whether and how long an athlete should be removed from play. That can be a disaster, said youth sports safety activist Brooke DeLench, since coaches are often untrained and many parents fail to recognize or respond to concussion symptoms such as slurred speech, memory problems or disorientation.

DeLench cited a survey released this summer that found parents of children who participated in sports were woefully uninformed about the symptoms of concussion.

"I think everyone's playing catch-up, including the American Academy of Neurology," said DeLench, who founded MomsTeam after a neurologist urged her to remove one of her three sons from collision sports after his third sports-related concussion in 2000.

The American Academy of Neurology last issued practice guidelines on concussion in 1997. Since then, concussion research has exploded, fueled by activism among professional athletes and the U.S. military's need to address brain injuries among combat veterans from Iraq and Afghanistan.

Brain trauma is more difficult to characterize, care for or recover from than experts had long believed, and as a result the 1997 guidelines are "out of date," said Jeffrey Kutcher, director of the University of Michigan's Neurosport Program and lead author of the academy's statement. Kutcher and 11 other brain injury experts are rewriting those guidelines for an expected release in April 2012.

Getting The Case Early

Wed, 03 Nov 2010 08:00:00 EST

Here's a story about how important it is to get a case early. You may call lawyers who do what I do ambulance chasers or worse. Getting a case early may mean getting crucial evidence before it is gone. A lot of what happens in a case can disappear like footprints in the sand when the tide changes.

I received a call on Saturday from a prospective client who told me her mother died in a car wreck just 12 hours earlier. I thought that this was weird but agreed to meet the family on Sunday. Mom had died when her car was struck by a speeding car being chased by the police and which ran a red light. Several minutes later the car burst into flames and she was burned alive!

Getting the case early helped me contact local businesses in the area and low and behold: there was a surveillance camera that had recorded the whole event. Had there been a delay, the video of the event would have been erased over a period of days.

A video of this tragedy will make the case worth a lot more money to the harmed family members. Thsi may sound crass but all I can do is get money for my clients to fix and make up for the harms suffered.

Early is better than latter in hiring a personal injury lawyer. We know what needs to be done and we can do it while you're taking care of what you need to do.

4 Year Old Can Be Sued For Negligence

Fri, 29 Oct 2010 08:00:00 EST

This court ruling seems silly but I posed it for the humor in the situation. Not for the death of the woman for for the judge who can't see that the negligence is really the mother's for letting the kids race their bikes where pedestrians were at risk for serious injury.

4 Year Old Can Be Sued For Negligence

Fri, 29 Oct 2010 08:00:00 EST

Attorney Wolff adds spinning instruction to his resume.

Fri, 29 Oct 2010 08:00:00 EST

I have recently received my spinning certfication and will be teaching spinning at the JCC beginning November 6 at 4pm, Staenberg Complex.

I did this so that I don't have to listen to any more rap or hip hop music when I exericse on a spin bike.

My music selections will be classic rock. It's the music I used to write about while a music critic in college.

It will be fun. It will be healthy. Come on by and let's work out together.

Bill Introduced To Prohibit Interstate Shipment of Wine

Wed, 20 Oct 2010 08:00:00 EST

The wine wholesalers are trying to get the Congress to ban interstate wine shipments or at least curtail it. Please write your representative as this infringes on our freedom of choic.

What We Do

Thu, 14 Oct 2010 08:00:00 EST

I am sitting in the San Diego Airport after spending 5 hours in a depositon of my expert witness in a leg amputation malpractice case. This traveling is very stressful because its 4 hours here and 4 hours back on a plane. Sleep, eat, go to deposition and go home again.

Sometimes the witnesses are not as prepared as you like but yesterday was not the case. My expert is a very smart orhopedic surgeon and he did a great job.

I have to deal with meaningless objections and, at times, very pissy behavior from my opponents. Sometimes it reminds me of the stuff school playground fights are made of.

However, I am on the right side and we will prevail.

Another Bicyclist Bites The Dust

Mon, 04 Oct 2010 08:00:00 EST

Another bicyclist needlessly was struck by a car operator and died. Folks, please pay attention when you're driving. Besides the money, do you really want to live with the thought that you killed somebody? Think about it.

Death Caused By Cell Phone Usage

Wed, 15 Sep 2010 08:00:00 EST

A young mother and attorney was killed while pumping gas due to an inattentive driver on his cell phone. Link to story.

Sorry Seems To Work In Hospital Malpractice Cases

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

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.

Lawyer's Letter In Post Confirms Difficulty In Malpractice Cases

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

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

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

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

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

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

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

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

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

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

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

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

Thu, 03 Jun 2010 08:00:00 EST

Working Through The Injury

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

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

Sat, 22 May 2010 08:00:00 EST

Distracted Drving Ban Fails (Again) In The Missouri Legislature

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?

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.

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

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

Thu, 29 Apr 2010 08:00:00 EST

Cell Phones Texting Fatal Distractions

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

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

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

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

Sun, 18 Apr 2010 08:00:00 EST

Tips on What To Do After A Bicycle Crash

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

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.

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.

Wed, 14 Apr 2010 08:00:00 EST

Girl killed on bike not wearing helmet.

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.

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

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

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

Thu, 08 Apr 2010 08:00:00 EST

Wrongful Death Case Filed Against Cop For Fatal Push

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Thu, 11 Feb 2010 08:00:00 EST

Day 2 Texas Nurse Whitleblower Trial

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

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?

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

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

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

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

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

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.

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

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

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

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

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

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

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

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

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

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

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

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.

Helmets Save Lives

Sun, 17 Jan 2010 08:00:00 EST

It's usually not yourself that you should be worried about if you are an expert skier. It is the other guy. Sort of like driving a car. Just because you are careful does not mean that the other guy will be paying attention, will not be drunk, go out of control or worse and crash into you. Follow this link for more information. http://www.steamboatpilot.com/news/2010/jan/17/best-web-helmet-use/
Helmets save lives. If you have a sports injury, visit sign up for a free consultation at alvinwolff.com or call us at 314-241-2500.

Alvin Wolff attends Advanced Trial College In Denver In January 2010

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

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

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

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

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

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

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

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

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?

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

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

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.

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

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

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

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

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

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

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

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

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?

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

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

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.

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

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

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

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.

Sat, 19 Dec 2009 08:00:00 EST

Alvin Wolff wants cell phones banned while driving.

Sports Injuries and Assumption of the Risk

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

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.

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

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

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

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

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

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

Mon, 14 Dec 2009 08:00:00 EST