Recent Blog Posts in February 2009

Weeks after Sarah Wentworth's family began their investigation, the circumstances surrounding their mother's death have finally begun to reveal themselves.

The night Wentworth died, an employee at the Arbor of Itasca Nursing Home heard a door alarm sound down the hall.  Seeing nothing by the door, she simply shut off the alarm and continued watching television.  If she had followed the home's official written policy concerning alarms, she would have walked the 90 feet to the door and discovered Sarah Wentworth, standing alone outside in the courtyard.  Instead, Wentworth to freeze to death.

Earlier this month, Wentworth's family filed a wrongful death lawsuit alleging "gross neglect" against Itasca's staff for failing to monitor an elderly dementia patient and follow official safety policy.  According to Police statements, only an extreme level of neglect would allow a patient who wore an ankle monitor and could barely get up on her own to walk out an alarmed door unattended. 

To make matters worse, the family's investigation also uncovered evidence that the staff attempted to cover up her death by putting Wentworth back into bed and changing her clothes.  Currently, up to four employees could face criminal charges and even more are suspended from duty.

According to the Illinois Department of Health, more than 14 complaints were filed against The Arbor of Itasca last year.

When admitting your loved one into a nursing home, you assume that you are providing them with the care and attention they need.  So, when you find out that they have been harmed, injured, or abused, you should not hesitate to file a complaint.  The Nursing Home Abuse Attorneys at Page Cagle are familiar with adult protective services and can lead you through the legal process.

After the Missouri Supreme Court upheld the 2005 changes to the state worker's compensation laws, some attorneys have predicted a resulting rise in civil suit filings against employers from worker's who no longer qualify for injury benefits.

According to an MSNBC report, the Court said that workers excluded from the narrower definition of "accidental injury" could now sue their employers in court, a decision many say will negatively impact businesses.

What are some of the changes?  Among other things, workers now have to show a "specific event during a single work shirt" in order to receive compensation, which eliminated the previous "series of events" qualification that granted benefits for carpal tunnel injuries.  Also, the accident must be the "prevailing factor" in the injury rather than proving employment.

So far, the Missouri Chamber of Commerce and Industry is not worried about an influx of lawsuits, and notes that the important thing about the reformed law is the elimination of cases that should never have qualified for worker's comp to begin with.

If you have been injured during an accident at work and were denied benefits, it is very important to contact a Worker's Compensation Attorney right away.  At Page Cagle, our legal team is available 24/7 to answer any of your questions and help you build your case.

Nicole Lynn Roberts filed suit Wednesday against a Chicago cab driver and the Checker Cab Company after the cab driver hit her father while he crossed the street on February 7.

Minh Pham, 89, had the right of way at an intersection when the driver failed to yield and struck him.  He was hospitalized in the critical care unit but died later that evening from his injuries. 

According to the suit, the driver failed, "to keep a proper lookout, to decrease speed while approaching and crossing an intersection, and to yield the right of way to a pedestrian in a crosswalk."  Police also cited the cabbie for a lack of insurance and failure to exercise due care for a pedestrian in the roadway following a crash.

The three count suit seeks more than $50,000 in damages.

If you have lost a loved one because of the actions or negligence of someone else, you may be entitled to a wrongful death suit. The Wrongful Death Attorneys at Page Cagle in St. Louis have successfully litigated wrongful death suits all across Missouri and Illinois.  Call us today for a consultation.

Chicago plaintiffs finally have closure after losing their son over four years ago in tragic car accident that left three others seriously injured.  This month, a jury awarded the family $13.7 million in damages after concluding that the driver was 98% liable for the victim's death.

In August 2004, the victim was working as a BMW salesman and took the defendant and two of his friends out for a test drive in a BMW 530i sedan.  The defendant was only 20 years old and during the drive, he increased his speed to 90 mph in a 45 mph zone.  The BMW then clipped another vehicle and crashed in a light pole with the brunt of the impact on the passenger side, killing the victim and causing critical injuries in the other passengers.

After recovering from his injuries, the defendant pled guilty to aggravated speeding in 2005, but denied liability for the salesman's death claiming that he was the one who encouraged him to drive faster than the speed limit and never advised him to slow down.  Furthermore, the test drive violated the dealer's policy because they drove the car outside of the established route.

The plaintiffs, however, believed that their son would still be alive if he had used better judgment behind the wheel.

Following a one-week trial, a jury agreed with the plaintiffs and returned a $13.7 million verdict stating that the defendant was 98% responsible for the accident under the Illinois Comparative Negligence statute.

If you have been injured or lost a loved one because of the reckless driving of someone else, call our offices today and speak with an experienced personal injury attorney.  At Page Cagle, we represent clients all over Missouri and Illinois and can help you start building your case today. Contact an Illinois Car Accident Attorney today for a free consultation.

This week, a jury awarded $1.3 million to a Chicago man when a leaky ceiling at the Ogilvie Transportation Center caused him to fall and shatter his kneecap. 

According to Rocco Ditrani's lawyers, since no warning sign was present to indicate a wet spot, the building was liable for the plaintiff's medical bills, rehabilitation therapy, and four months of lost wages. 

Witnesses say that the ceiling had a leaking problem for over 17 years, which meant that the leasing agent responsible for the upkeep of the building bore received of the fault since it had knowledge of the leak.

Jeffery J. Knoll, one of Ditrani's lawyers, stated that the judgment benefits all Metra station passengers because, "the building's caretakers are finally being held accountable for their failure to protect the thousands of commuters that pass through the Metra station every day."

The jury also apportioned some of the liability to the janitorial service company for its failure to clean up the leak and place caution sign around the signs.

Under premises liability law, property owners are responsible for keeping their property safe and hazard-free.  If they don't and a person is injured in an avoidable accident, the property owner is liable for all damages.  Most often, premises liabilty involves slip and fall cases where warning signs were not present to indicate a wet or slippery area, or an employee failed to clean up a spill right away.  If you have been involved in an accident on either private or public property where the owner was at fault, call the Premises Liability Attorneys at Page Cagle today for a free consultation.  Our experienced legal staff can discuss the elements of your case and help you get the compensation you deserve.

Dr. Paul Francel thought he was doing a good thing when he agreed to perform a risky brain stem operation on a teenage boy, David Kurbanov, in October 2006.  The much publicized procedure was Francel's attempt to gain positive publicity after doctors in Moscow discovered a tumor in Kurbanov's brain stem, which interfered with his ability to swallow as well as his appetite and balance.

All hopes for a successful outcome were forgotten when Kurbanov went into a coma following surgery and was subsequently declared brain dead in November.  He died in June 2007 at the age of 16, a death his family blames on Dr. Francel's medical negligence.  They filed a medical malpractice suit against Francel this month alleging that he was more interested in self-promotion rather than the surgery itself and therefore provided care that was below the acceptable medical standard.

For Dr. Francel, this suit is only one of at least twelve pending medical malpractice claims against him since June 2007, according to the Associated Press.  The Oklahoma Board of Medical Licensure and Supervision put him under investigation, and he has agreed to stop practicing until it comes to a conclusion about his medical license.

Although we all like to believe that doctors do not make mistakes, the unfortunate truth is that they do.  Regardless of whether it was an intentional or negligent act, if you have been wrongfully injured by your doctor, you have the right to file a medical malpractice claim and seek compensation.  At Page Cagle, our Medical Malpractice Attorneys can research your medical records, examining every aspect of what went wrong in your treatment in order to prove your case.  Contact us today for a free consultation!

In 2004, when Richard Neal went over to the Johnson's home to watch a movie, he had no idea what was waiting for him.  Upon entering the house, the family's American bulldog attacked, going straight for his face.  Neal's injuries called for 128 sutures and resulted in permanent damage to his face. 

This month, the bulldog- ironically named Prince Charming- attacked another boy as he rode his bike in front of the Johnson home.  According to 10-year-old Jonathon Martinez, the dog bit his arm and prepared to attack again before he escaped and rode home. The unprovoked attack has become the second and final strike for the county's Animal Services who say the dog will most likely be euthanized.

When the incident initially happened, Lisa Johnson went straight to Martinez's home and apologized saying that her dog had never done anything like that before.  It wasn't until after she left that Edwin Martinez learned what happened years ago to Richard Neal.  He immediately called animal control because, fearing the dog would hurt another child.

A spokeswoman for Hillsborough County Animal Services states that the department is pushing for permanent removal of the dog from the Johnson's.  Lisa Johnson was arrested and charged with culpable negligence and reckless disregard of a dog's propensity to bite.

It is the responsibility of every pet owner to take the necessary precautions to prevent an animal attack.  Therefore, if the pet does bite and injure someone, its owner is held responsible and may be required to pay for medical bills.  If you have been injured by someone's pet, call Page Cagle today!  Our legal team is available 24/7 for a free consultation.

While some people took advantage of Black Friday sales with much enthusiasm last November, one family experienced only tragedy when their son was trampled by a mob of Wal-Mart shoppers trying to get Christmas sale items. 

Right around 5 a.m., a group of consumers broke through a glass door and trampled Jdimytai "Jimmy" Damour, a temporary Wal-Mart security guard.  As a result of the accident, his parents filed a notice of claim this month citing wrongful death, pain and suffering, punitive damages and more against Nassau County and its police department for failure to heed previous complaints about dangerous crowd behavior.

Knowing that Black Friday traditionally proved to be a chaotic shopping day, Wal-Mart had hired extra security to deal with the crowds.  Local police had also dispatched about half a dozen officers to help patrol the area, but made it clear that it was the store's responsibility to provide security.

As of right now, Damour's parents have not filed a lawsuit against the county and police department, and are still considering a suit against Wal-Mart, the security company, and the Green Acres Mall.  Their attorney said the notice of claim was simply to protect the family's rights in case they chose to file suit later on.

If you have lost a loved one and feel you have the right to file a wrongful death claim, contact the Wrongful Death Attorneys at Page Cagle today for a free consultation. 

When Nigel Haskett stopped a domestic fight in a McDonald's dining area, the fast food employee was praised as a hero, sustaining multiple gunshots attempting to keep the violent man out of the restaurant.  Now, McDonald's insurance company is denying Haskett worker's compensation benefits, claiming that his injuries fell outside the, "scope of his employment."

As seen on a surveillance video, Perry Kennon, a man with a history of criminal behavior, was smacking a woman in the face when Haskett tackled him, ejecting him from the premises.  Moments later, Haskett stumbled back inside and collapsed after Kennon shot him several times in the stomach.

Haskett, only 21 at the time of the incident, applied for worker's comp after he incurred nearly $300 thousand in medical bills for three abdominal surgeries.  According to McDonalds, employees are told to call police in the event of a robbery or dangerous altercation and not to take matters into their own hands.  Haskett claimed he was never informed of that policy and acted in the spur of the moment to keep the woman safe.

Supporters of Haskett have turned to previous cases where courts have deemed "good Samaritan" acts while on the job within the realm of compensation, especially if it results in good will toward the employer.  So far, McDonald's denial of benefits has negatively impacted public opinion, and the fast food chain has declined comment as the case is still pending before the Workers Compensation Commission.

When an employee is injured on the job because of the actions or negligence of the employer, he or she is entitled to workers compensation benefits covering lost wages, medical bills and even death.  If you have been injured on the job and feel you have been wrongfully denied benefits, call the experienced Workers Compensation Attorneys at Page Cagle today for a free consultation.  We have the experience and know how to build your case and help you get what you deserve.

Two years after the death of their son, an Illinois plaintiff received a settlement for $76,781 in a wrongful death suit against the parties involved in a fatal car crash that took their son's life.

The accident occurred in March 2007 when the victim was killed while riding with a friend, who was street racing with one of the co-defendants.  During the race, the car collided with another vehicle, killing the plaintiff's son and critically injuring another passenger.

According to the defendants' testimony decided to race after drinking at a bar in Bloomington.  

In the suit, the family named the three drivers as defendants, believing their actions directly lead to the victim's death.  The bar was also named under Illinois' dram shop law that holds a bar responsible for selling alcohol to someone who later causes an accident.  The plaintiffs alleged the bar sold alcohol to all three of the other defendants.

The other passenger injured in the crash, has a separate settlement against the same four defendants.

If you have been injured or lost a loved one in an auto accident where the other driver was at fault, you may be entitled to a legal claim against them, especially if he or she was reckless, negligent or under the influence of drugs/alcohol.  Contact our offices today and speak with one of our premiere personal injury attorneys in order to begin building your case.  At Page Cagle, we handle cases in both Missouri and Illinois and are available 24/7 for a free consultation.

Last August, a tragic accident in Portland, Oregon took the lives of nine people when a helicopter crashed in the Siskiyou-Trinity National Forest while attempting to ferry firefighters away from wildfires.  At the time, seven firefighters, a U.S. Forest Service employee, and the pilot were on board.

An initial investigation of the crash revealed evidence that the helicopter's main rotor lost power during takeoff, causing it to hit trees and fall into the forest.  All on board were killed.

This month, the families of two of the firefighters filed lawsuits alleging wrongful death and negligence against all the companies involved, citing a, "failure to perform duties and provide a safe and adequate helicopter."  They each seek $10 million in damages, plus the cost of burial fees. 

Losing a loved one is an extremely emotional and difficult time, especially when the cause is due to the intentional or negligent acts of someone else.  At Page Cagle, we have the skill and knowledge necessary to sift through the facts of your case and determine whether or not you have a wrongful death claim.  Contact a St. Louis Wrongful Death Attorney at Page Cagle today for a free consultation.

Yesterday, a Tippecanoe jury awarded Carol Simonton a $157 million verdict in the wrongful death suit she filed against companies responsible for manufacturing the type of tree stand tied to the death of her husband. 

Timothy Simonton was 42 years old when his stepson found him hanging from a defective tree stand in October 2005.  At the time, he was scouting for deer in the stand; and when he failed to return to his family's campsite that evening, his family went looking for him.

In the suit, Carol Simonton requested damages for funeral expenses and lost wages totaling more than $1.5 million. 

According to newspaper reports, no one showed up to represent the defendants- L & L Enterprises, Ol' Man Tree Stands, and TSR Inc.  Simonton's attorney, Mike Phelps, claims that he will do whatever is necessary to collect the verdict from the defendants, but states that, "No amount of money could replace the love and affection Carol had for Tim."

Whenever a product fails to perform safely or causes injury or death, the manufacturer can be held liable for medical bills, lost wages, or other expenses.  If you have been injured or lost someone because of a defective product, the experienced legal team at Page Cagle Law Firm is here to help.  We can sift through the facts of your case and fight for the compensation you deserve.  Call us today!

The parents of Sierra Wilson received a damages award of $4.4 million this week after a jury ruled that the Piedmont Medical Center in Rock Hill, SC and its staff was negligent during their daughter Sierra's November 2003 birth. 

The medical malpractice suit alleges that baby Sierra suffered a permanent brain injury from a lack of oxygen because a nurse trainee assigned to Sierra's mother did not monitor fetal heart strips.  As a result, she did not realize the baby was in distress until it was too late to avoid brain damage.  Doctors performed immediate emergency intervention for the baby, but the lack of oxygen caused her to develop cerebral palsy, a condition that took her life less than five years later.

Accidents such as this one are unfortunately not uncommon as thousands of patients are either injured or killed because of a preventable medical mistake.  If you have experienced an injury or death of a loved one because of the negligent acts of a health care professional, you may be entitled to a medical malpractice claim.  The Medical Malpractice Lawyers of Page Cagle in St. Louis are available 24 hours a day to discuss your case and your legal options.  Contact us today!

A Dallas man who contracted an MSRA (methicillin-resistant Staphylococcus aureus) infection six years ago, which caused him to lose parts of all his limbs, won a $17.5 million judgment this week. 

David Fitzgerald, 53, was diagnosed in 2003 with MSRA, an extremely dangerous strand of Staph infection that is resistant to several common antibiotics and can be fatal.  He developed the infection after having ulcer surgery, and was treated by an infectious disease specialist, Dr. Meenakshi Prabhakar, who gave him eight different antibiotics but not the one needed to treat MSRA. 

At the time, Dr. Prabhakar was one of seven doctors who saw Fitzgerald, and no one knew what kind of infection he had.  Fitzgerald went into septic shock and developed gangrene in all four of his limbs before doctors finally realized he had MSRA and treated him properly.  He had to have emergency surgery to amputate both his arms under his elbows and both legs under the knee.

The Dallas jury found that Dr. Prabhakar was 100 percent liable for what happened, but agreed he was not guilty of gross-negligence.  RHD Hospital and three other doctors named in the suit settled with Fitzgerald before the trial.

When a physician or a health care provider makes a mistake or fails to take appropriate action to prevent harm, the patient has the right to file a medical malpractice lawsuit.  If you have been injured because of the mistakes of your doctor, call the Medical Malpractice Attorneys at Page Cagle in St. Louis today for a free consultation.

After repeated legal motions and appeals, a California judge recently upheld the largest verdict under the Federal Employer's Liability Act in history- $48 million.  The plaintiff, Eric Doi, was a Union Pacific signalman when he was involved in an auto accident in 2007 that resulted in the paralysis of all four of his limbs. 

At the time of the accident, Doi was a passenger in a company-owned truck when a coworker became distracted and lost control of the vehicle, sending it down an embankment and in front of oncoming traffic. 

Throughout the case, Union Pacific attempted every argument denying liability despite the fact that FELA clearly states that a railway is held liable for the negligence of a co-worker.  Last fall, a jury awarded Doi $48 million in damages, but Union Pacific attorneys pushed for further judicial review.  Even despite the most recent judicial upholding, UP's lawyers indicate they still intend to appeal to a higher court.

Since the accident, Doi's whole life changed dramatically as he now relies on family and professional caretakers to assist with daily tasks.  He needs constant daily care as well as rehabilitation.  He hopes to someday learn how to drive a car again.

Railroad accidents can have devastating and permanent effects on rail workers.  If you have been involved in an accident at work and you feel it was the result of negligence, contact Page Cagle today and speak with a FELA Attorney about your case.  With our help, you could recover damages for injuries, medical bills, lost income, and other financial hardships. Call us today!

Last Saturday, Feb. 7, construction workers and Suffolk University students were shocked when a crane lift toppled over, crashing into the back of a Temple Place apartment building in downtown Boston.  The vehicle fell into the alleyway next to a book shop and across the street from a Suffolk University dormitory.  Two construction workers fell with the lift, one managing to jump onto an apartment balcony, the other suffering fatal wounds after colliding with a metal door still inside the cherry picker.  The surviving worker was treated for injuries at Mass. General Hospital.

At the time of the accident, the vehicle was parked with one set of wheels on the sidewalk and the other atop wood boards for balance.  The reason for this was to ensure the two workers in the cherry picker attachment could reach the roof.  However, something went wrong and the two workers suddenly found themselves falling as the crane tipped over.

In an official statement by the university, officials acknowledged that the vehicle was owned and run by Reliable Roofing and Sheet Metal of Framingham, subcontractors for Tremco Inc.  Suffolk contracted Tremco to do a routine roof inspection.  So far, no new information has been released regarding relations between the University, the contracted companies, and the worker's families.

If you or a family member has been hurt in a construction accident, it is very important to speak with an attorney and know your rights.  The experienced Construction Accident Attorneys at Page Cagle handle accident cases all over Missouri and Illinois and are available 24/7 to answer any of your legal questions.  Contact us today!

This week, the Huntley Project School District reached a settlement with the parents of a 7-year-old girl who died in a bus crash last year.  Sarah Fark, an elementary school student at Huntley, was riding a school bus when it pulled in front of an oncoming pickup truck. 

Tuesday, the school board of trustees voted to approve the settlement, but did not release details to the press.  According to the school's superintendent, trustees did not know the terms of the settlement until it was time to vote at the executive session on Feb 10.

The bus driver pleaded guilty to careless driving and failure to yield.  She received a six-month suspended jail sentence.

If a family member has been killed because of the careless or intentional acts of another, you should immediately seek legal help to organize and assemble your case.  The Wrongful Death Attorneys at Page Cagle understand that losing a loved one is a traumatic time, but we will do everything in our power to smooth the way for you.  Contact us 24/7 for a free consultation! 

Hill Sportswear Inc. has voluntarily recalled 300,000 hooded sweatshirts after a 3-year-old boy from Fresno was strangled by the hood's drawstring when it caught on a playground slide. 

According to the U.S. Consumer Product Safety Commission, two specific styles of the sweatshirts were named in the recall: "kid pullover sweat shirt" and "kid zipper sweat shirt with hood."  The shirts were sold mostly in California, with a small amount in Texas from August 1999 to December 2008. 

This recall is among the largest of children's outerwear due to drawstrings, which has many officials stating that manufacturers should immediately stop making children's clothing with drawstrings.  Also, they advise parents to remove drawstrings in their children's clothes to prevent any accidents.

If your loved one has been injured because of a defective product, you may be entitled to a product liability claim. These types of cases in Missouri and Illinois typically involve products with a dangerous design or manufacturing defect, or they might not have included proper warning labels.  The experienced Defective Product Lawyers at Page Cagle can offer you the legal advice you seek, and the representation you need to ensure your case is taken care of. 

Originally, when trucker Jose Reyes caused a chain reaction collision in the 5 Freeway tunnel in California in 2007- causing three fatalities and 23 injuries- prosecutors did not file vehicular manslaughter charges because a report claimed that Reyes truck had a faulty right-front brake.  The California Highway Patrol investigated the accident and initially stated that the leaking wheel-bearing seal on the steer axle reduced braking efficiency, which could have caused an imbalance when Reyes hit his brakes. 

Since prosecutors found that Reyes' employer was responsible for the truck's maintenance, they did not feel it was necessary to press charges against the truck driver.  However, in a newly released report by the CHP, further investigation uncovered evidence that Reyes was driving in excess of 65 mph on the rain-slick freeway.  The speed limit was 55 mph.  This new finding has the CHP convinced that Reyes' speeding caused the truck's initial loss of control, not the brakes. As a result, the truck crashed into a concrete barrier, causing a multiple car collision, which killed a 6-year-old boy and two adults. 

CHP officials state that the brake system may have been a contributing factor, but not the cause of the accident.  So far, the district attorney's office claims it has not filed any charges against Reyes.

Large trucks can cause some of the worst and most dangerous auto accidents on the roads.  Due to their size and inability to stop quickly, motorists often pay a heavy price for a truck driver's mistakes.  If you have been in an accident where a truck driver or truck company is at fault, do not hesitate to contact a Truck Accident Attorney today!  The legal team at Page Cagle in St. Louis has handled truck accident cases all over Missouri and Illinois, fighting successfully for the compensation our clients deserved.  Contact us today!

Last month, Facundo Gonzalez was killed by a falling concrete wall while he was working on the foundation of a private residence.  After his death, a building inspector concluded that the foundation was constructed according to an unapproved design layout and lacked proper support.  In response, members of local activists groups and friends of Gonzalez gathered on Feb. 8 to protest what they now know was an avoidable accident. 

County Legislator Vivian Viloria-Fisher asserts that the point of the protest was to convey a simple message, "Unless every worker can work safely, then no worker can work safely.  We have to be certain that everyone that goes out...is protected."

After the accident, village officials stated that the accident was one of, "shoddy building practices," and was, "certainly avoidable."  So far, the Gonzalez family has not taken legal action but may be entitled to worker's compensation benefits depending on the state laws.

If you or a loved one was injured in a construction accident, you may be entitled to compensation if your employer was at fault.  The Illinois and Missouri construction accident attorneys at Page Cagle have the experience and know-how to handle your claim, and we will aggressively pursue any compensation you need whether it is for lost wages or medical bills.  Don't hesitate, call us today!

In a series of articles, several women are speaking out about the effects that prescription SSRIs (selective serotonin reuptake inhibitors) have had on their children.  All of the women were told at the time of their pregnancies that although taking antidepressants posed some risks, the benefits outweighed the risks.  They know now that medical professionals were not yet aware of the real possibilities of birth defects among SSRI users.

It wasn't until 2005 that the FDA released public warnings that SSRIs such as Paxil and Zoloft could cause heart defects, pulmonary hypertension of a newborn, lung disorders, and more.  Since then, many women have realized that using anti-depressants was the most likely cause of their children's health problems.

Ellen, a mother of four, took Paxil for depression in the late 1990s while pregnant with her two younger children.  At the time, both her and her doctor believed that the drugs were safe, but unfortunately, both children were born with heart murmurs.  Looking back, Ellen realizes now that Paxil was responsible for the defects.

Like Ellen, April was also taking prescription Paxil during both of her pregnancies.  Her children were born premature, the eldest with a heart murmur.  Her younger son, Jordon, was diagnosed with what doctors initially believed to be tremors, but later they told April they were unable to define his health problems.  Jordon did not start talking until he was 5 years old and has continued to struggle with speech. 

With the evidence of SSRI birth defects becoming more defined in recent years, April has found similar cases of children suffering heart, lung, and speech problems due to SSRI use during pregnancy.  In addition to the public warning, the FDA has put Paxil in its second highest category for birth defects, advising patients not to use while pregnant or if a woman plans to become pregnant.

In a 2008 study published in the British Journal of Clinical Pharmacology, researchers reported that the risk of heart defects during pregnancy was three times the normal percentage if women took Prozac or Paxil during the first trimesters.  The study examined over 800 women, and the results have identified other drugs such as Zoloft, Celexa, and Lexapro. 

As of right now, the internet is the leading source of information on SSRI birth defects, which has proved beneficial to families who have been seeking answers to explain their children's health defects.  Some are seeking legal help, and others are speaking out so that other women will know the potentially lifelong problems associated with SSRI birth defects. 

Every year, about 3% of babies are born with a birth defect.  Unfortunately, some of these cases are the results of medical error or negligence.  If your child's life was forever changed due to an avoidable error or the actions of your doctor, you have a legal right to seek damages from the parties responsible.  The knowledgeable Birth Injury Attorneys at Page Cagle are available 24/7 to help you build a case and fight for the compensation that you and your child deserve.

Former Missouri State Representative Mark Wright issued an official statement this week that he plans to euthanize his family's black Labrador, Charlie, after the dog attacked a 14-year-old boy last week.

When the incident occurred, Wright's three children were leaving for school when Charlie ran out of the house.  Although the oldest child ran after the dog, he was too late as Charlie had already jumped on and bit an eighth grader on the face and arm.  The boy was immediately taken to the hospital where he needed five stitches.

As of right now, the reason for Charlie's behavior is unknown.  Springfield Police Lt. Kirk Manlove stated that the student did not provoke Charlie, but there were some witnesses who claimed a different group of students taunted the dog in recent days.  Charlie was taken to Springfield Animal Shelter for a 10-day observation.

In response to neighborhood complaints over the attack, the Wrights announced that, "to make certain there is never a reoccurrence of this regrettable incident we have made the decision that our family dog Charlie will be euthanized, which has made this unfortunate accident even more difficult for our family to bear." 

So far, the family of the 14-year-old boy has not filed legal action against the Wrights as the family already agreed to take care of any medical expenses. 

As a pet owner, people have the responsibility to ensure that their animal is safe to be around other people, especially children.  Sadly, domestic animal attacks do happen, costing over $1 billion each year in injuries.  If you or a loved one has been attacked or bitten by someone's pet, it is important to contact an experienced Animal Attack Attorney.  At Page Cagle, we know that bite injuries can lead to expensive medical procedures, lost wages, and more.  Contact us today, and we can guide you through the steps necessary to document your injuries.

In a recent wrongful death suit filed in Florida, three families allege that a hospital renovation project exposed their children to mold while being treated for cancer.  As a result, all three of the children died from fungal infections within months after the renovation began.

According to a Florida newspaper, the three children- ages 2, 5, and 9- were being treated for acute lymphoblastic leukemia, which is a cancer of white blood cells.  One of the children was still fighting the disease, the other two were considered in remission, when they all developed fungal infections during their stay at the pediatric oncology ward at the Clyde Perry Cancer Institute of St. Joseph's Hospital.  At the time, the hospital was in the middle of renovations of the outpatient area just one floor below where the three children were treated.

Since the children were already susceptible to infections, the lawsuit claims that the hospital's failure to properly seal off the renovation area to keep dust and airborne fungi out of the air conditioning system put the patients in danger.  All three of the children died within one month.

It is an unfortunate reality that when a hospital is negligent or an organization makes a mistake that causes injury or death, it is inevitably the families of the victim that suffer.  If you have lost a loved one because of the intentional or accidental actions of another, you should not hesitate to seek legal counsel.  The loss of a loved one is painful enough, but the St. Louis Wrongful Death Attorneys of Page Cagle law firm can help you get the attention and compensation you deserve.  Contact us today.

On January 29, Clifford Welch filed a Federal Employer's Liability Act (FELA) complaint against his employers, Norfolk Southern Railway Company and Triple Crown Services Company, after he sustained injuries in 2007 when he attempted to lock a train trailer.  The pin on the railcar was frozen, however, and Welch injured his upper right extremity and right shoulder.

Since the accident, Welch has had surgery to correct his injuries but claims that the, "physical and mental pain and permanent disability of his shoulder," has affected his ability to work and enjoy life.  As a result, he has incurred medical expenses, emotional stress and lost wages.

In the two-count suit, Welch alleges that Norfolk Southern and Triple Crown were negligent because of failure to provide him with safe working conditions and proper maintenance of the railcars, including fixing any frozen pins.  Furthermore, he believes the defendants did not employ enough workers to inspect the cars and failed to provide him with safe equipment.  He currently seeks a judgment of at least $100,000 plus costs.

If you are a railroad worker who was injured on the job, you might have a potential claim against your employer.  The experienced FELA Attorney of Page Cagle have litigated cases in Missouri and Illinois, seeking compensation for clients for medical expenses, lost wages, emotional trauma and more.  The sooner you contact a lawyer, the sooner you can build your case and get the attention you deserve.  Call us today.

After filing dozens of suits last year against GlaxoSmithKline on behalf of clients, a Texas attorney began the year with four more over GSK's diabetes drug Avandia.  The suits allege that the drug is dangerous and defective, risking people's health due to resulting cardiac complications. 

Initially, the drug passed FDA safety regulations and was deemed effective for the treatment of diabetes mellitus type 2.  However, the several complaints against GSK recently state that the pharmaceutical company misrepresented and concealed information from physicians about the drugs potentially harmful side effects.  Since most patients who have diabetes have other health problems such as heart disease, the fact that GSK was aware that Avandia could cause congestive attacks, strokes and other cardiovascular injuries was dangerous, irresponsible and fraudulent.

After several analyses of the drug, the FDA recommended that GSK put a black box warning on Avandia to notify patients and physicians of the cardiovascular risks, especially after Dr. John B. Buse, a diabetes expert, raised concerns about the drug and potential heart problems.  The suits state, however, that GSK, "attempted to silence," Dr. Buse with a $4 million lawsuit, characterizing him as a liar in his testimony before Congress.

Causes of action in the Avandia suits include, but are not limited to, strict products liability defective design, failure to warn and negligent design.  Plaintiffs in the cases seek damages for personal injuries such as pain and suffering, physical impairment, and medical expenses.

When taking a prescription drug, it is presumed that the medicine will work as advertised and expected by your physician.  However, sometimes drugs do not work properly, perhaps because of a dangerous design or a lack of proper warnings.  If you feel that you have a product liability claim, the Defective Product Attorneys of Page Cagle are available 24/7 to answer any and all of your legal questions.  Contact us today.

One year after her death, the family of Karlene Willemsen has filed a wrongful death and product liability suit against several companies associated with a motorized wheelchair that was allegedly defective and caught fire while Willemsen was in her home. The suit was filed Monday against Invacare Corporation of Ohio and other companies responsible for the manufacture, lease, or retail of the chairs.

The plaintiffs claim that the wheelchair malfunctioned and caught on fire, burning Willemsen who was unable to move as she had multiple sclerosis.  At the time of the incident, she was in a motorized hospital bed, which was also built by Invacare Corp., and conscious when the fire started.  The suit states that an autopsy demonstrated that Willemsen, "suffered significant pre-death burns, physical injury, and psychological terror."

For Invacare, this suit is not the first to claim injury or death due to a defective wheelchair.  In 2002, the company settled a $7 million suit when a quadriplegic incurred burns when her wheelchair sparked and caught fire due to defective wiring.  Furthermore, Invacare was sued three other times for fatal fires linked to the chair's battery-charging system. 

If you or a loved one has suffered injury or death due to a defective product, the Page Cagle Defective Products legal team is here to help.  Our experience has lead to several successful litigations in Missouri and Illinois in which consumers suffered injuries directly caused by an error in product design.  Call us today for a free consultation to see if you are entitled to compensation.

In simultaneous proceedings, a former Erie Coke Corp. employee faces criminal charges of vehicular homicide as well as a wrongful death suit in an Erie Court after killing a motorcyclist last August. 

At the time of the crash, Martin P. Allen was on his way home from a meeting of Erie Coke employees at the Huzars Club when he hit Kevin R. Imler with his SUV as he was turning left in front of the motorcycle at an intersection.  Police arrested Allen for driving under the influence with a .248 blood alcohol content, which is three times the legal limit in Pennsylvania.  

In the civil suit, Imler's estate filed against Allen, Erie Coke Corp. and the Huzars Club.  According to the state's Dram Shop Act, taverns can be held liable if servers provide alcohol to a visibly intoxicated consumer who causes harm.  Furthermore, since Allen was driving a company-owned Mercury Mountaineer and leaving an employee meeting when the crash occurred, the corporation can liable for Allen's actions. 

Reports also state that Allen had a previous DUI on his record and that Erie Coke employees bought him drinks at the meeting.  The suit claims that considering Allen's previous driving record, the employees present at the meeting should not have let him leave if he was visibly intoxicated.

If you or a loved one has been injured in a car accident, you should not hesitate to seek immediate legal action against all parties involved.  The Car Accident Attorneys of Page Cagle law firm in St. Louis have the experience and know-how to maximize compensation in your case.  We have handled several suits all across Missouri and Illinois, and we are available 24/7 to answer any of your legal questions.

According to the Associated Press, Wal-Mart, the nation's largest retailer, recently entered into a sealed lawsuit settlement with the family of George Smith.

The plaintiffs filed the suit last year after Smith, age 66, received the wrong medication from a local Wal-Mart pharmacy.  Eight days after taking the medicine, he became very ill and died at Union Hospital in Elkton, Maryland. 

As a result of his sudden passing, his family filed a wrongful death lawsuit against Wal-Mart, asking for $3 million for severe emotional pain and suffering.  A federal judge in Baltimore recently sealed the settlement agreement between Wal-Mart and Smith's family.

Although most people trust a pharmacy to fill prescriptions correctly, mistakes do happen.  Pharmacy errors have increased in recent years, and unfortunately it is the consumer who suffers.  If you have been injured due to pharmacy negligence or lost a loved one because of a prescription mistake, call the attorneys at Page Cagle today as you may have a personal injury or wrongful death claim deserving of compensation.