Attorney Blog

Are energy drinks a threat to your Missouri teenager?

heather@roswoldlawgroup.com (Blog Author)28052 — Thu, 11 Mar 2010 08:00:00 EST

A Missouri teen is lucky to be alive after drinking energy drinks

Parents worry about their teenage children consuming alcohol or illegal drugs, but here’s a new fear for parents –popular energy drinks sold at Kansas City convenience stores may put your child’s life at risk.

Seventeen-year-old Dakota Sailor is lucky to be alive. He drank a few energy drinks after school. He seemed ok, but when his mother found him the next morning, he was blue and in the midst of a seizure. The young man was given CPR and rushed to the hospital.

After numerous tests, the doctors at St, John’s Regional Hospital determined that the high levels of caffeine still in his system were to blame for the seizures.

The teen did not think the drinks could be harmful, after all anyone can buy them.

For most adults, 5 to 10 grams of caffeine (about 80 cups of coffee) is enough for a caffeine overdose. But, even one gram may be enough to cause serious medical consequences. Children are at risk from smaller amounts of caffeine. Energy drinks contain caffeine levels ranging from 80 to 400 milligrams of caffeine, a few drinks may be enough to reach that level.

Energy drinks are marketed to young people as a quick pick-me-up. There is little mention of the health risks except in tiny print on the can. If you have suffered from serious health risks related to the consumption of energy drinks, you may have a defective product or product liability case. Contact the personal injury attorneys at Roswold Law Group to learn more.

Semi Loses Control on Missouri Highway - Three People Injured

james@schmidroswold.com (Blog Author)28004 — Wed, 10 Mar 2010 08:00:00 EST

Three people were injured, one seriously, on Tuesday evening following an accident on 71 Highway near Belton. A semi, traveling southbound on 71 Highway near Highway 58, lost control of his truck striking several vehicles. One car was pinned beneath the semi and was carried across the median into the northbound lanes of 71 Highway. Both northbound and southbound lanes were shut down while crews cleared the highway.

A life flight helicopter was called to the scene. Three people were transported to area hospitals.

Kansas and Missouri Trucking accidents are far too common on our Kansas and Missouri highways. Hours on the road and driver fatigue are often to blame. At Roswold Law Group, as Kansas City tractor trailer collision attorneys, we want to keep our roadways safe for all travelers because we have seen the significant impact that Missouri and Kansas semi-truck accidents have on injury victims. Tractor-trailers are different than from other vehicles. They can cause significantly more damage and injuries because they are difficult to maneuver, large and heavy.

We can all do our part to make traveling safer. Professional drivers should avoid driving while fatigued as that is a common cause of trucking accidents and use good judgement before getting behind the wheel. Additionally, other motorists should respect the size of these tractor-trailers and understand the difficulties associated with driving such a large vehicle.

Missouri semi truck crash: hazardous loads may endanger the public

james@schmidroswold.com (Blog Author)27981 — Wed, 10 Mar 2010 08:00:00 EST

A semi truck carrying a load of ammunition overturned on westbound I-44 near Hazelgreen, Missouri.

The large truck crash occurred shortly before 6am on Friday, March 5. The cause of the wreck has not been determined. The westbound big rig went off the road, struck a guard rail, and careened at least 25 feet up an embankment. It knocked down several trees, tearing them out of the ground. The truck then slid down the embankment and rolled on to the driver’s side landing in a ditch.

The driver, Ronald D. Walden, 53, of Hermann, had to be extricated from the truck. He was taken to the hospital for treatment of minor injuries.

The truck was carrying a load of small-arms ammunition. One of the fuel tanks had ruptured, but firefighters disconnected the trucks electrical systems to prevent a danger to the public.

Fortunately, in this case, only the truck was involved in the accident.

Our roadways are full of trucks carrying dangerous cargo. Truck drivers must follow strict regulations to ensure they deliver their loads safely. However, with strict timelines, it is tempting for drivers to skimp on sleep and drive at higher speeds. This poses a danger to everyone on the road.

If you have lost a loved one in a large truck accident, the Roswold Law Group can help. Contact our Kansas City personal injury attorneys and learn how we can deal with the trucking and insurance companies and get you a fair settlement.

Southbound I-35 Closed Following Tractor-Trailer Accident

james@schmidroswold.com (Blog Author)27956 — Tue, 09 Mar 2010 08:00:00 EST

The southbound lanes of Interstate 35 were shut down for two hours on Tuesday following an accident between a car and a tractor-trailer. The accident, which occured around 11:45 Tuesday monring, left the car pinned beneath the truck. According to rescue officials two adults and one child were treated for non-life threatening injuries.

Thankfully, it appears the injuries from the accident are minor. The Kansas City Personal Injury attorneys at Roswold Law Group know serious injuries can be sustained when a passenger vehicle is involved in a motor vehicle crash with a semi truck. Kansas and Missouri trucking accidents are different from other accidents because the tremendous difference in size and weight of the two types of vehicles often leave accident victims with devastating injuries. Kansas and Missouri drivers should use extra caution when sharing the road with tractor-trailers.

Common causes of trucking accidents include fatigue, weight and size of the tractor-trailer, and maneuvering difficulties. The Insurance Institute for Highway Safety has reported that in 2008 there were 4,008 fatal injuries arising out of semi truck accidents and 69% of those deaths involved the occupants of passenger vehicles as semi trucks often have extra protection. What accounts for these differences? Trucks, which have an 80,000 pound legal weight limit are much larger than the average car, which generally only reaches 5,000 pounds. For more information on this topic, read "Commercial Trucking Accidents."

Wild HIgh Speed Car Chase Ends in Two Arrests

james@schmidroswold.com (Blog Author)27945 — Tue, 09 Mar 2010 08:00:00 EST

A wild high speed car chase ended in two arrests Monday evening during rush hour. Police were attempting to stop a red Jeep on a routine traffic violation when the Jeep fled from the officers. The driver, wanted on felony warrants in both Kansas and Missouri, led police on a chase during rush hour traffic on interstate highways and residential neighborhoods.

The chase began around 5:15 Monday, but police quickly determined the pursuit was too dangerous because of traffic congestion and decided to follow the vehicle by way of police helicopter. Police attempted to stop the Jeep using stop sticks, but the driver was able to avoid these blocks. In his attempt to avoid police, the driver plowed through fenced yards in residential neighborhoods and even drove the wrong way on an area interstate highway, narrowly avoiding the oncoming traffic.

The driver eventually crossed the state line and stopped his vehicle in Kansas City, KS, where the passenger was immediately arrested. The driver, fled to a burned out building nearby where he was also arrested.

At Roswold Law Group, we applaud the actions of police in dealing with these dangerous conditions. Often a police chase ends in disaster, with innocent victims being hurt or killed during such pursuits. In this case, however, police quickly determined a car chase was not appropriate and took other measures to carefully end this situation.

Three Area Crashes Leave 2 Dead, 2 Injured Sunday

james@schmidroswold.com (Blog Author)27887 — Mon, 08 Mar 2010 08:00:00 EST

Three Kansas City area auto accidents occurred in the early morning hours of Sunday. The first accident was a single car wreck along I-70 at the I-435 exit. The crash caused the vehicle to catch fire and I-70 was forced to shut down until crews could clean up the accident. The driver, whose name has not been released, was killed in the accident. It is unclear at this time what caused the wreck.

A second crash, along I-70 and Adams Dairy Parkway, involved a pickup truck that lost control and turned on its side, seriously injuring the driver. A witness to the accident, Jessica Shull, left her vehicle to assist the pickup truck driver when she was struck by another vehicle. She also sustained serious injuries. Although we applaude the attempt to help another driver facing serious injuries, sometimes the best course of action is to stay in your vehicle in an emergency situation. Even if your car is struck, the car itself offers the driver and passengers a tremendous amount of protection. This is the time to utilize a cell phone to call for emergency personnel.

The last accident occurred near Turner High School in Kansas City, KS when a car crashed and overturned, throwing a passenger from the vehicle. That passenger was killed. The driver of the vehicle and other passengers were taken to an area hospital for non-life threatening injuries.

Although there has been no confirmation, we often find that people that are thrown from vehicles are not wearing seat belts. The Kansas and Missouri Personal Injury Attorneys at Roswold Law Group want to remind all drivers and passengers to wear their seat belts. They do save lives and keep our roads safe.

Your safety is of significant importance, and we encourage you to browse through our site for safety tips and information regarding steps you can take after being involved in an accident. Please read "What to do Immediately Following a Car Accident." It will provide you with steps you can take to prevent additional accidents and injuries. You should also read "Warning: Accident Emergency Kits...Why You Should Keep One in Your Car." These are just a few examples of the wealth of information that you can find on our site that will help you be prepared in the event of an emergency, prevent further injury, and aid you in the process to recovery. If you live in Missouri or Kansas, and you still have questions after browsing through our site, please feel free to contact the Kansas City accident injury attorneys at Roswold Law Group.

Surgery leaves woman with 4 breasts: could this happen in Kansas City?

heather@roswoldlawgroup.com (Blog Author)27801 — Sat, 06 Mar 2010 08:00:00 EST

A New York mother is seeking five million dollars in damages after breast augmentation surgery left her with the appearance of four breasts.

Maria Alaimo, now 47, was left with deformed breasts that caused pain, loss of self-esteem, humiliation and embarrassment after she underwent breast enlargement surgery in 2003. Photographs show that the “double bubble” deformity has left Alaimo’s breasts with heavy scarring and swells the size of softballs at the top.

Alaimo says the botched surgery also led to her divorce after she refused to undress for her husband because of embarrassment about her deformity.

The victim is suing the surgeon, Dr, Kieth Berman for five million dollars in damages. Alaimo found the surgeon’s ad online and paid $7,000 cash for the surgery.

Nearly half of medical malpractice lawsuits involve complaints against surgeons. If you have been left with a deformity or injury after surgery, you have rights. The best way to learn about those rights is to speak to a Kansas City medical malpractice attorney.

The attorneys at The Roswold Law Group have written a free book to help you out. Request your copy of The Truth About Medical Malpractice Claims – The Ultimate Guide To Medical Malpractice Cases in Missouri and Kansas. If you have any questions or need help, contact our personal injury lawyers at 888-348-2616.

Olathe Teenager Struck by Pickup Truck While Riding Bike

james@schmidroswold.com (Blog Author)27789 — Fri, 05 Mar 2010 08:00:00 EST

An Olathe teen was riding his bike when he was struck by a pickup truck at the intersection of Blackbob Road and 139th Street in Olathe on Thursday morning. The 13-year-old boy was crossing Blackbob road when the driver of the pickup truck, turning right onto Blackbob, hit the child. The boy was taken to an area hospital and treated for cuts and bruises. The driver of the pickup truck was not ticketed according to police, because he was unable to see the teen because the sun was in the driver's eyes.

The intersection was previously monitored by crossing guards provided by the Olathe School District. This year, the crossing guards at this intersection were removed due to budget constraints.

Unfortunately, bicycle accidents are common occurrences and claim numerous lives each year. In 2008, 716 bicyclists sustained fatal injuries nationwide and there were 52,000 reported bicyclist injuries. Since 1932, more than 50,000 bicyclists have lost their lives in motor vehicle accidents. We encourage you to share the road with bicyclists and remember bicycle safety and encourage your children to do the same.

At Roswold Law Group, the safety of our local children is of significant importance. It is fortunate that the injuries to the Olathe teen were not more severe. To prevent further injuries of these types, our website features important safety articles such as "Bicycle Tips for Sharing the Road," "Bicycle Safety Tips," and "Bicycle Accident: Dos and Don'ts If You Are Involved." These resources offer Missouri and Kansas auto and bicycle injury victims a place to turn for helpful information including frequently asked questions and FREE downloadable books for Missouri and Kansas personal injury victims.

Kansas City Kansas 9-Year-Old Struck and Killed in School Bus Accident

james@schmidroswold.com (Blog Author)27785 — Fri, 05 Mar 2010 08:00:00 EST

Unfortunately, too many young lives are claimed annually and even more are effected by significant injuries arising out of pedestrian versus school bus accidents.

The National Safety Counsel has reported that 83% of pedestrians that were killed in school bus transportation collisions were actually struck by a bus. Approximately 11,000 injuries were sustained nationwide in 2005 following an accident involving school bus transportation.

According to the National Highway Transportation Safety Administration, there have been 104 lives claimed amongst young pedestrians after being struck by a school bus. About 50 of those child pedestrians were between the ages of 5 and 7.

A 9-year-old Kansas City, Kansas girl waiting for a school bus with her younger sister was struck and killed Thursday morning. According to witnesses a school bus approaching the intersection collided with a stop sign and was continuing on when a child on the bus alerted the driver that a child had been hit. The 9-year-old, whose name has not been released, attended John F. Kennedy Elementary School. Kansas City Kansas School District officials have provided a crisis team to assist the children.

Witnesses to this accident reported that the streets in the area are too narrow and there are no sidewalks that provide a safe place for children to wait. School bus safety is of the utmost concern to parents and school districts. Most accidents involving school buses occur during the loading and unloading process. Unfortunately, the National Safety Counsel advises that children cannot count on drivers to stop even though they are required to do so when a school bus stops for the loading and unloading process.

At Roswold Law Group Kansas City Accident & Injury Attorneys, our sympathies go out to the family of the victim as well as all the children at John F. Kennedy Elementary School who must deal with the loss of a child, student, and friend. In light of this heartbreaking story, we want to provide our Kansas City Community with some basic bus safety tips and information that can help your child avoid the all too common bus transportation accident.

Semi Truck Accident in Springfield Leaves One Man Dead, Twin Brother Critically Injured

james@schmidroswold.com (Blog Author)27765 — Fri, 05 Mar 2010 08:00:00 EST

Twin brothers Edwin and Edward Kropf were involved in an accident at the busy intersection of Division Street and Kansas Expressway/Route 13 in Springfield, Missouri. The accident occurred when Edwin Kropf, 42, ran a red light and headed directly in the path of the oncoming tractor trailer operated by Christopher M. Doyle. Mr. Doyle tried to avoid the crash, but did not have enough space or time to manuever out of the way.

The passenger of the Dodge pickup truck, Edward Kropf was killed at the scene, while his twin brother, Edwin, was critically injured. Neither of the Kropf brothers were wearing their seat belts.

Accidents involving tractor trailers often end in disaster. The shear size of a loaded semi truck makes quick turns and instant stopping almost impossible. At Roswold Law Group, we see the unfortunate results of these types of collisions every day and extend our sympathies to the families of the victims. Additionally, we encourage everyone to wear their seat belts.

Liquid Detergent Capsules Can Cause Child Eye Injuries

heather@roswoldlawgroup.com (Blog Author)27761 — Fri, 05 Mar 2010 08:00:00 EST

The simple solution to messy liquid fabric detergent can be found in a cleaner plastic-coated capsule form. But the problem with these little capsules is that they are very appealing, small, toy-like items that young children like to play with. Eye doctors are now expressing a sobering amount of concern over this household item. Why? Because it has the potential to inflict irreversible damage to the human eye.

The capsules consist of at least four chemicals that are considered alkaline. Alkaline chemicals pose the greatest threat of injury to the human eye. While some may just suffer from temporary burns, others will experience irreversible damage such as, scarring, lifetime discomfort, and development of a "lazy eye".

These capsules typically do not contain warning labels, although some producers are considering manufacturing the product with warning labels in order to better inform parents and insist that they keep the capsules out of the reach of children.

One poison control center reports that in 2006 & 2007 the number of corneal injuries as a result of children (aged five and younger) playing with these capsules numbered well into the hundreds.

At Roswold Law Group, we provide a wealth of child injury information for Missouri and Kansas residents, and we can help the victims of child injuries and their families because we understand the tremendous difficulties presented by these situations. We are dedicated to helping child injury victims get back on their feet and get the justice and compensation they deserve.

Accidental Firearm Death in Florida

heather@roswoldlawgroup.com (Blog Author)27757 — Fri, 05 Mar 2010 08:00:00 EST

Another child was killed as a result of an accidental firearm death in Deerfield Beach, Florida last week. The adolescent boy was shot and killed by his younger, 10-year old brother. The two boys were told to retrieve their father's coat from inside his pickup truck as the father waited inside of his apartment for him to return. The circumstances surrounding this case are still unclear, but the child welfare service has good faith to believe that this was entirely accidental, that the father is not at fault, and that he should continue to live with his other two children for the time being.

Although children getting into and playing with guns is news in the South, it is also an important issue in the Midwest. The Missouri Department of Social Services reported that in 2007, six Missouri children died as a result of a firearm accident. The majority of victims from these accidental deaths are young boys whose parents' keep firearms within the home. Nationwide, about 500 children die every year as a result of an accidental shooting.

It is crucial to educate your child on how to handle a situation where a gun is present. You should sit your child down and explain to them the difference between the television and video game shootings that they may be exposed to and the reality of firearm deaths. Children who are made aware of what guns are and allowed to ask questions about them, and who understand the fatal effects of firearms feel more comfortable when placed in situations where a firearm is present, and as a direct result, they will be less likely to develop a dangerous curiousity towards firearms. Also, if guns are present in the home, it is very important to keep them unloaded, locked away, and out of children's reach.

Most accidents occur at home, but it is also important to be aware that other parents may own guns. If your child is going to a friend's house, you should make it a point to talk to the other parent about their firearm situation and what they are going to do to protect your child. Don't let your child be the victim of a preventable accidental shooting!

The Kansas City child injury attorneys at Roswold Law Group know the difficulties that child injury cases present. We are here to answer your questions. You can also find answers to questions about your child's injuries in this website through our articles in our Missouri and Kansas personal injury legal library and frequently asked questions.

Dog Attacks: What Parents Need to Know

heather@roswoldlawgroup.com (Blog Author)27751 — Fri, 05 Mar 2010 08:00:00 EST

There has been much debate over whether dangerous dogs are the product of nature or nurture. As legislation is deliberated on in Florida on whether or not to ban pit bulls from the state, some residents are claiming that certain breeds of dogs-such as the pit bull-are dangerous because their genes program them to be aggressive dogs. Other residents firmly believe that all dogs are a product of their environment, and can become dangerous only when mistreated by owners or raised to be aggressive.

In 2007, thirty-three people were killed after being attacked by dogs and the primary victims were young children. It is also estimated that every American has a 1 in 50 chance of being bitten by a dog every year. To learn more about dog bite statistics, read the "Dog Bite Epidemic."

How can you protect your child from a dog attack? It is very important to educate your child on how to keep a safe distance from all unfamiliar dogs. Here are some tips:

-Tell your child to always ask permission before approaching or petting a dog.
-Explain to your child that when dogs are napping, eating, or nursing their pups they may be more likely to bite.
-Give your child warning signs! Explain that snarling, growling, or barking dogs could attack.
-Teach them how to handle an angry dog. They can prevent an attack by keeping a distance between themselves and the dog. If approached by a dog, they should know to stand still, don't make eye contact, speak calmly and friendly to the dog, and when it is safe, slowly begin to walk away.
-If a dog is attacking them, teach them to yell for help, place any object they can (for example, a backpack) inbetween them and the dog, because no one can outrun a dog. But if the dog is overpowering them, they should know to drop to the ground, curl up in a ball, and cover their neck, face, and head (Just like in a tornado drill at school).

At Roswold Law Group we help the victims of child injurty and we know the tremendous difficulties presented by this situation. We want to see children get back on their feet after a child injury and get the justice and compensation they deserve. We pride ourselves on a proven track record of results. At Roswold Law Group, children come FIRST.

Are Kansas City residents at risk from pharmacy error?

james@schmidroswold.com (Blog Author)27662 — Wed, 03 Mar 2010 08:00:00 EST

Medication errors and prescription mistakes are a leading form of medical malpractice. More than 1.5 million American are harmed by prescription mistakes each year.

A Florida appeals court has upheld a $25.8 million dollar judgment against Walgreens over an error made by a teenage pharmacy technician. The technician made a mistake that resulted in a mother of three receiving a prescription for blood thinner pills with a dosage ten times greater than prescribed. The pills led to her early death.

In 2002, Beth Hippley of Lakeland, Florida was taking the blood-thinning drug Warfarin as part of her treatment for breast cancer. The drug is very dangerous at high doses and Ms. Hippley suffered a massive, debilitating stroke. The stroke forced her to discontinue the treatment for early stage breast cancer. Until the stroke, Ms. Hippley had a positive prognosis.

Miss Hippley died in 2007, before the case went to trial.

The teenage pharmacy technician admitted that she had typed in 10 mg when the prescription read 1 mg. The 19-year-old technician had no previous pharmacy experience or formal training. There is currently no minimum national standard for the training of pharmacy technicians who are supposed to be closely supervised by licensed pharmacists.

If you have lost a loved one or have been injured due to a pharmacy error, contact the Kansas City medical malpractice attorneys at the Roswold Law Group. And, read our tips for making sure your prescription drugs are safe.

Kansas City High Speed Car Chase Ends in Arrest

heather@roswoldlawgroup.com (Blog Author)27580 — Tue, 02 Mar 2010 08:00:00 EST

A high speed car chase ended with the arrest of the driver early Monday morning at I-670 and Genessee Street. Police initially tried to pull over the vehicle at 41st Street and Wayne, but were led on a car chase with speeds over 70 mph that crossed the state line into Kansas City, Kansas. The car was stopped by police utilizing "stop sticks" that flattened the tires of the vehicle in question. The driver was arrested, but the two passengers in the vehicle were released. It is not known why the police were trying to stop the car.

High speed car chases are a danger to all motorists on the roads because of the potential to cause motor vehicle accidents. There has been a great deal of debate over whether police should engage in these chases due to the dangers presented to other drivers and pedestrians. Time of day, traffic conditions, road conditions and location of the incident can all be additional factors for police to consider.

High speed police pursuits are often required to get criminals in custody, but the safety of other drivers must also be considered. At Roswold Law Group we support the efforts of the police department in keeping our streets safe and preventing auto accidents in Missouri and Kansas. We also encourage drivers to be aware of the traffic around them and to quickly pull over at the sound of oncoming emergency vehicles.

Top 20 Crash Sites in Kansas City, Missouri

heather@roswoldlawgroup.com (Blog Author)27556 — Tue, 02 Mar 2010 08:00:00 EST

The Board of Police Commissioners was presented with 2009 statistics of crashes in the Kansas City MIssouri metro area. The top 20 crash sites involved areas all over the Kansas City Missouri metro area , but the clear leader was I-435 and I-70 with 107 crashes last year. Of the top 20 crash sites, only the intersection of 5th and Broadway did not involve a highway.

Everyone needs to take great care when entering or exiting a highway, especially at those areas. Merging traffic, rapidly increasing and decreasing speeds and switching lanes all require a driver's complete attention and also provide a greater chance of a Kansas or Missouri auto accident. At Roswold Law Group, we feel it is important to keep drivers informed of these dangerous locations so extra precautions can be taken.

See the complete list here.

Law Enforcement Agencies Work Together on Click It or Ticket Campaign

james@schmidroswold.com (Blog Author)27401 — Fri, 26 Feb 2010 08:00:00 EST

Seat Belts Save Lives. Click It or Ticket. The messages are clear and Missouri law enforcement agencies along with the National Highway Traffic Safety Administration (NHTSA) are working together to get Missouri drivers to buckle up. The statistics speak for themselves and most everyone seems to realize that wearing a seat belt is important, but one in four Missouri drivers still do not wear a seat belt and only 77 percent of Missourians wear a seat belt regularly.

This week three children were ejected from a vehicle in the metro area during a weather-related traffic accident. One of those children, only 8 years old, was fatally injured. The other children were taken to local hospitals with significant injuries. None of the three children ejected from the vehicle were wearing seat belts.

At Roswold Law Group we represent many Kansas and Missouri accident injury victims and know the importance of wearing seat belts. Please take the time to protect yourself and the passengers in your car by wearing your seat belts.

Wornall Road Named Worst Street by City Manager

james@schmidroswold.com (Blog Author)27368 — Fri, 26 Feb 2010 08:00:00 EST

At City Budget Hearings held Thursday, Kansas City road repairs were a topic of discussion. City Manager, Troy Schulte, stated that Wornall Road was one of the worst roads in town. Unfortunately, it appears that may not change any time soon.

This seasons harsh winter weather has wreaked havoc on our local roadways. Potholes are a very real and present danger to Kansas City Drivers. Potholes can cause many different types of damage to vehicles such as flat tires, bent wheels, lost hubcaps and alignment problems. Additionally, swerving to miss potholes can cause accidents on our local streets and highways.

The city has plans to repair 115 miles of roads this summer, but that number is less than half of the necessary road work to keep our streets in good operating condition.

At Roswold Law Group, we are concerned about the condition of our city streets. Drivers have many considerations when operating a motor vehicle and Kansas City street conditions should be at their best to help protect our motorists. Preventing Kansas and Missouri auto accidents should be a top concern for everyone whether it is driving safer, repairing roads, or raising awareness.

Hot Dogs as a Choking Hazard

james@schmidroswold.com (Blog Author)27351 — Fri, 26 Feb 2010 08:00:00 EST

The American Academy of Pediatrics announced it's recommendation to hot dog manufacturers to place warning labels on hot dog packages. Statistics suggest that dozens of children die every year in the United States due to choking accidents. Of those choking accidents, most are food-related, and the majority of the food related accidents arise when children inadequately chew hot dogs. In fact, some sources suggest that one American child dies every five days just from hot dog related choking accidents.

This has sparked a lot of discussion on how parents should act to prevent these dangerous accidents from occurring. Recently, TIME magazine interviewed Dr. Gary Smith, who also supports the idea of labeling hot dog packages. Dr. Smith also believes that the solution may only be solved by redesigning the hot dog. As of right now, the hot dog could not be more perfect for getting stuck in the back of a child's throat. Perhaps there is some other shape or even texture that could prevent this life-threatening hazard from occurring in the first place.

But chances are change is not going to come about anytime soon, seeing as how the hot dog has remained true to it's form for decades now. According to the Hot Dog and Sausage Council, Americans consume about twenty billion hot dogs annually! As a prevalent part of American culture, the hot dog does not appear to be going anywhere any time soon. Yet, parents must be aware that this problem exists and watch for the telling signs that their child may be choking by constantly being on their guard.

At Roswold Law Group, we help the victims of child injury and child abuse and we know the enormous difficulties presented by this situation. We want to see children get back on their feet after a child injury or child abuse situation and get the justice and compensation they deserve. Contact our experienced Kansas City-based attorneys who are dedicated to fighting for the rights of children. We pride ourselves on a proven track record of results in child injury cases. At Roswold Law Group, children come FIRST.

"Facts Are Stubborn Things"

james@schmidroswold.com (Blog Author)27310 — Thu, 25 Feb 2010 08:00:00 EST

“Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence.” John Adams

In our world today, it is all too common for people to make a snap judgment about a person or an event without knowing all of the facts. A great example of this occurred this week in connection with a news story in the Kansas City Star about a lawsuit filed in the Jackson County Circuit Court.

It was reported earlier this week that a local man has filed suit against the Kansas City Royals, alleging that he suffered serious injuries to his eye as a result of being hit by a hot dog thrown into the stands by the Royals’ mascot, Sluggerrr.

The Petition filed alleges that Sluggerrr initially was blasting hot dogs into the stands using an air gun. After using the air gun, he then began tossing them to fans. He threw one behind his back and this hot dog apparently hit the plaintiff in the eye allegedly causing a detached retina. The plaintiff alleges that he has undergone two surgeries on his eye and has permanent damage to his vision.

Predictably, there has been a lot of public comment in connection with this story. As a trial lawyer, I am disappointed, but not shocked, that the majority of it is negative.

At this point there is much we don’t know about what took place here. The facts of the case will be developed by the attorneys through the legal process and will tell the tale.

Whether the suit has merit is yet to be determined and I would hope that we all could keep an open mind and not make an uninformed judgment one way or the other.

The Tragedy of Drunk Driving

james@schmidroswold.com (Blog Author)27269 — Wed, 24 Feb 2010 08:00:00 EST

Two articles appearing in the Kansas City Star within the last week once again remind us of the unnecessary tragedy caused by drunk driving.

On February 19, 1010, the Star reported on a local man being sentenced in Oklahoma to 150 years in prison as a result of a drunk driving accident that left three members of one family dead. His pickup truck crossed the centerline of an Oklahoma highway in October of 2008 and crashed into an oncoming pickup. A father and his two adult sons were killed.

On February 23, 2010, the Star reported that a local man has been charged in Jackson County Circuit Court with drunk driving, involuntary manslaughter and second-degree assault arising from a crash that killed two and seriously injured a third passenger in his vehicle last September.

Two of the deceased victims were thrown from vehicle when it hit a utility pole at Independence Avenue and Bales. The third victim suffered a fractured spine.

The driver was found to have a blood alcohol level of .14. The legal limit in both Missouri and Kansas is .08.
Here are two examples of drunk driving ruining many lives. Five people are dead. One has been seriously injured. Two drunk drivers are in some serious legal trouble. All of their families are victims too.

Although the criminal justice system has pursed the drivers and civil damage claims are most certainly being made, no one will ever be the same after these unnecessary accidents.

We all need to think before driving or riding with someone after drinking. No one intends for accidents like this to happen, but they do.

Distracted Jogging In Overland Park

james@schmidroswold.com (Blog Author)27267 — Wed, 24 Feb 2010 08:00:00 EST

The Kansas City Star reported that a pedestrian was seriously injured last night at approximately 7:30 p.m. while jogging in Overland Park, Kansas near Corporate Woods.

It was reported that two men were running north on Indian Creek Parkway and attempted to cross College Boulevard on a red light. A westbound vehicle with a green light drove through the intersection and struck one of them, injuring him seriously.

The Overland Park Police are investigating, but witnesses have indicated that the westbound vehicle was proceeding on a green light.

The jogger was taken to a local hospital and was reported to be in stable condition.

This accident is a good reminder to pedestrians and drivers that everyone needs to be paying attention when they are on or about our local roads. Distractions are everywhere and lead to accidents of all kinds.

Here, it appears that for some reason, the joggers were distracted and did not see the oncoming car. They are lucky to be alive.

As for drivers, this accident reminds us of the need to be aware of what is going on around us as we drive and be alert for unexpected events such as these joggers running out in front of us.

Growing Concerns: Will Toyota Solve the Problem?

heather@roswoldlawgroup.com (Blog Author)27239 — Wed, 24 Feb 2010 08:00:00 EST

For Toyota and Lexus owners, concerns continue to grow. As a new 2010 Toyota Camry purchaser, I can attest to that. As posted in another blog I was previously advised that I would be notified in writing once parts came in to fix my gas pedal. However, to date, I still have not received anything from Toyota, written or otherwise, advising me that parts are in, which is concerning since we continue to drive our car around with our two children.

After reading the news about yesterday's hearing before Congress, it is apparent that even if I do finally get contacted to bring my car in that may not even resolve any potential accelerator issues. Although I have been fortunate enough in that I have not had an accelerator issues yet, I do not want to be in the car with my children if it does ever happen. For now I guess I just continue to drive my car hoping that Toyota soon figures out whether the problem is electrical, a gas pedal problem or something else sooner rather than later.

It has been reported that 34 deaths have already been linked to the issue, which is 34 too many. It appears that Toyota could have and probably should have addressed the issue sooner according to Congress as Toyota is being scrutinized for their delayed response to the problem. Recalls were not issued in the U.S. until 2007, which did not even address the actual acceleration problem but dealt with floor mats, even though NHTSA knew of potential problems since 2003.

For additional information on Toyota stories over the past couple of months, click on any one of the following links:

TOYOTA COROLLA POWER STEERING

Toyota Prius Brake Recall Announced

Toyota recalls Camry: what does this mean for Kansas City Drivers?

When It Rains, It Pours! More Shocking News From Toyota Involving Prius and Lexus Brakes

There are many more on our site so feel free to browse.

If you do own a Lexus or Toyota like I do, I hope that your concerns and mine will be addressed and all issues will be resolved soon. Hopefully Toyota will quickly identify whether the problem is electrical. Until then, Roswold Law Group encourages you to drive cautiously.

One Child Killed, Others Injured in I-70 Crash During Inclement Weather

Mon, 22 Feb 2010 08:00:00 EST

Sunday's inclement weather caused an accident along I-70 at I-635 just after 2:00 p.m. Sadly, an eight-year-old died from injuries she recieved when she and two other children, ages 10 and 12, were ejected from the vehicle. The three children ejected were not wearing seat belts. These children, plus, two other children, ages 2 and 5, and the 34-year-old wife of the driver were all transported to area hospitals for medical treatment. The driver was not injured.

Weather conditions continue to plague our area with hazardous roadways and defensive driving is a must, especially when road conditions are not ideal. Seat belts provide the best protection for anyone travelling in a motor vehicle. Seat Belts Save Lives!

At Roswold Law Group, our deepest sympathies go out to the family of the young girl and the others who were injured in this accident. To protect your life and those around you, please take the time to buckle up.

Fairway day care closed after safety violations found

Sun, 21 Feb 2010 08:00:00 EST

The Kansas Department of Health and Environment has reported that they have closed a Fairway day care center in order to protect children’s health and safety.

The Little Friends Day Care Home on Buena Vista in Fairway is operated by Lynde Ann Price. During an inspection on Thursday, February 18, investigators found two more infants in the day care than the three allowed. One of those children was being kept in a bathroom. Another infant was in a car seat inside a pack and play. The three-month-old was completely covered in blankets, including the child’s head. Price said she had forgotten the child was there.

In 2007, ten children in Kansas died because of abuse or neglect. In Missouri, that number was 50. Missouri ranks fifth in the United States for child abuse deaths.

It is important that every parent know the signs of day care abuse and neglect. If you suspect that a day care provider is abusing or neglecting your child, do not return the child to that day care. Instead, see your pediatrician immediately and contact a lawyer immediately to learn about your child’s legal rights.

Call the Kansas City child injury attorneys at The Roswold Law Group at 1-888-348-2616 for more information.

Hughesville man dies, family injured in Missouri wreck

heather@roswoldlawgroup.com (Blog Author)27032 — Sun, 21 Feb 2010 08:00:00 EST

An 83-year-old Hughesville man died Friday night after causing a traffic accident that left a family of four injured.

John P. Tevis died in the accident which occurred at 6:20 pm on February 19. He was driving his car eastbound on Hughesville Road near Sedalia. He failed to yield to a car driving south on U.S. 65. The car struck Tevis’ vehicle on the drivers’ side.

His passenger, 84-year-old Kathryn Tevis, sustained serious injuries. She was taken to Bothwell Regional Health Center in Sedalia for treatment.

Four members of a family were travelling in the second car. Brian and Jane Butt of Columbia, MO suffered moderate injuries. Their daughters, a two-year-old and a not-quite one-year-old sustained minor injuries. The family was also taken to the hospital for treatment.

Have you been injured because of a negligent driver? You have rights. If you have been seriously injured in a Montana or Kansas car crash, you are entitled to compensation for your injuries, medical costs, pain and suffering and other damages.

The Roswold Law Group represents those who are injured in traffic accidents throughout Missouri and Kansas. Request our free book, 10 Essential Steps You Must Take to Protect Your Injury Claim – How You Can Escape the Personal Injury Trap. This book is full of advice to help you get started on your personal injury claim. If you have questions, call a kansas City personal injury attorneys at 888-348-2616.

Distracted Driving???

Fri, 19 Feb 2010 08:00:00 EST

The Kansas City Star reported yesterday that a 58 year old man was killed in a one car accident near the intersection of Northeast Pleasant Valley Road and North Brighton Avenue in North Kansas City, Missouri. The car was eastbound on Northeast Pleasant Valley at approximately 2:50 p.m. and ran off the road and into a tree.

Although there could be a variety of reasons for the car leaving the roadway, distracted driving is certainly one of the potential causes of this tragic accident. The weather was great yesterday and the driver was not looking into the sun as he was traveling eastbound. Northeast Pleasant Valley Road in that area is a two-lane road with a 35 mph speed limit in what used to be a rural area that is now seeing some residential development. There is a very small shoulder and drop offs on each side of the road in some areas. If one is not paying attention, it is easy to catch a tire on the gravel shoulder and be steered off the road. Once a tire is pulled off the road, over correction can also occur.

Distracted driving is a huge problem today. Cell phones, texting, car radios and CD players all can cause us to momentarily lose our focus. All too often this can have deadly consequences.

Whatever the cause of this tragedy, it is an important reminder that we all need to keep our minds on the task at hand – driving.

In the words of the Doors song, Roadhouse Blues, “Keep your eyes on the road and your hands upon the wheel.” Interestingly, Jim Morrison came up with this line after riding with his girlfriend to a house they owned outside Los Angeles and she was driving erratically.

TOYOTA COROLLA POWER STEERING

Thu, 18 Feb 2010 08:00:00 EST

I feel like a broken record! Once again there are news stories about problem Toyotas, this time involving the 2009-2010 Toyota Corolla.

It appears that the U.S. Department of Transportation will be opening an investigation into complaints over potential problems with the car’s power steering. Toyota itself has announced that it is considering a Corolla recall following numerous complaints of problems with the power steering system.

Driver complaints state that they have felt they were losing control over the steering, particularly at highway speeds. Thankfully, there are no reported accidents as of yet involving this reported problem.

The Corolla is the world’s top selling vehicle and Toyota sold approximately 300,000 in the United States last year.

All of this again is a reminder to Toyota owners to keep up on the recall situation and get any recalled vehicle into their dealer as soon as possible.

CPSC Commissioner Warns Children's Products Manufacturers

heather@roswoldlawgroup.com (Blog Author)26908 — Thu, 18 Feb 2010 08:00:00 EST

As a parent, my greatest concern is my children's safety. However, there have been a significant number of children's prouduct recalls in the news lately. From Discovery Lamps to Britax "Blink" umbrella strollers and Generation 2 Cribs to Disney jewelry, and more. Risks include combustion, finger amputation, suffocation and more. Hopefully that will change, though. Inez Tenenbaum, chairman for the US Consumer Product Safety Commission (CPSC) is making an effort to improve child safety by issuing a firm warning to manufacturers of children's products that safety better be a number one priority or they could face penalties including fines, lawsuits and more. She stated, "If you resist our efforts to recall children's products, be forewarned: This commission stands ready to be creative in the use of our enforcement authorities."

Tenenbaum is looking impose new crib safety rules before the end of this year, which is good because the same rules have been in effect for about 28 years.

Child safety is crucial and as parents we need to know that our purchases will not cause our children to suffer injuries.

Latest infant/child recalls (not including toys)

Latest infant/child toy recalls

Kansas Working to Ban Texting While Driving

Wed, 17 Feb 2010 08:00:00 EST

The Kansas state senate is attempting to help protect Kansas drivers. The senate approved a bill to make it a traffic infraction to text while driving. The bill would also include a ban on the use of Personal Digital Assistants (PDAs), texting devices, cell phones and laptop computers.

Texting while driving and cell phone use are the leading cause of distracted driving accidents. The split second drivers take to look at their handheld devices can mean the difference between life and death for themselves and other motorists. The state of Missouri also has pending legislation that will strengthen Missouri laws regarding texting while driving.

Ensuring Kansas and Missouri highways are safe for all drivers should always be a top priority, not only for state governments, but also for individual drivers. At Roswold Law Group we applaud measures that are taken to protect motorists in both Kansas and Missouri.

Teen Arrested In Rock Throwing Incident Along Highway 71 Near Harrisonville

Wed, 17 Feb 2010 08:00:00 EST

Driving down a highway most people do not think of potential hazards lurking above their vehicles. Unfortunately, along 71 Highway near Harrisonville, those hazards were very real. Police arrested a Harrisonville teen and are investigating five other teens in regards to a rock throwing incident that took place on January 23, 2010. The teens were reported to have taken rocks and pieces of concrete and thrown them from a bridge onto vehicles travelling along 71 Highway. Six vehicles were damaged during this incident and police reported that there could have been deaths associated with the teens actions.

At Roswold Law Group, we are particularly aware of the catastrophic injuries and damages that can occur as a result of unexpected developments on the highway,whether unintended or intended such as in this instance, and we are thankful that there were no injuries reported as a result of this prank. We hope that as a result of the legal ramifications arising out of the Highway 71 rock throwing incident the teens involved come to understand the serious dangers involved in their actions, and we hope that the publicity of this matter will serve to discourage such dangerous and irresponsible behavior in the future.

Blue Springs Resident Crashes Motorcycle, Suffers Serious Injuries

heather@roswoldlawgroup.com (Blog Author)26852 — Wed, 17 Feb 2010 08:00:00 EST

The Kansas City Star reported that Blue Springs, Missouri resident Zachary Reznak was traveling southbound on I-470. Authorities reported that while weaving in and out of traffic, he lost control of his motorcycle when he tried to exit off of the interstate and was thrown from his motorcycle. He suffered serious injuries and was taken to Centerpoint Medical Center for treatment of those injuries.

Although riding a motorcycle can be exciting, it also comes with risks because driving a motorcycle does not afford as much protection as driving a car. Being thrown off the bike is always an inherent danger. A motorcyclist has to be extra cautious of his/her surroundings because unfortunately other motorists may have difficulty seeing a motorcycle.

Roswold Law Group hopes Mr. Reznak has a full and speedy recovery. As the weather starts to warm up and more motorcyclists are on the road, we remind everyone to be cautious and travel safely.

If you have been involved in a motorcycle accident and want more information on how to protect your claim, download our FREE Book, "10 Essential Steps You Must Take to Protect Your Injury Claim."

Laparoscopic gallbladder surgery complications - Congressman John Murtha's death Raises Medical Mistake Questions

james@schmidroswold.com (Blog Author)26775 — Mon, 15 Feb 2010 08:00:00 EST

Unfortunately, complications from gallbaldder surgery are not as uncommon as one might think. In the midst of pursuing medical malpractice claims on behalf of injury victims, we have handled gallbladder surgeries gone awry on more than one occasion and we have gained considerable experience in this area while recovering significant compensation for our clients. We have seen instances of negligence resulting in catastrophic injury. It is disconcerting to us when a high profile death occurs in connection with one of these surgeries.

Earlier this month, Congressman John Murtha died as a result of complications from gallbladder surgery. As many are aware, Mr. Murtha was a very distinguised and influential congressman. Sadly, he may now be distinguished for another reason, being one of nearly one hundred thousand individuals who suffer a fatality every year in American hospitals due to medical errors.

Mr. Murtha's death shines a spotlight on the complications that can occur in connection with gallbladder surgery. With the death of Mr. Murtha, it is appropriate to place attention not just on healthcare reform in general but more specifically on preventing medical mistakes.

As reported in The Washington Post, Mr. Murtha had an elective surgery called laparoscopic gallbladder surgery. This procedure was performed at Bethesda Naval Hospital. He got sick almost immediately thereater in connection with a severe infection that is known to occur in connection with such procedures.

The death rate in connection with gallbladder surgery is very low, even with elderly patients, so an issue arises as to Mr. Murtha's situation. There are those who believe that a short checklist can reduce the death rate significantly. Checklists have been implemented in many medical settings and have resulted in dramatic increases in surgical success and mortality rates. It is unknown whether Bethesda has such a checklist.

Roswold Law Group has been a supporter of medical checklists and we have observed situations in which such checklists may have prevented a disappointing and even catastrophic outcome. Communication between hospital staffers has been shown to be essential and procedures at some institutions leave a lot to be desired, to the detriment of the patient who needs coordinated care in order to have the best outcome at surgery. Hospital checklists are an important step that can be implemented to reduce the mortality rate year after year from medical mistakes.

If you or a loved one is a victim of a medical mistake due to the negligence of another, you can find answers on this website. The experiened medical malpractice attorneys at Roswold Law Group have designed this site to be THE source of information for Missouri and Kansas citizens injured by medical negligence. You can also download our FREE book on medical malpractice. Call Roswold Law Group at 816-471-5111 for a FREE consultation with no obligation.

You can read more here about the devastating loss of Congressman Murtha.

New study: obese men are less likely to die in a Kansas City car wreck

heather@roswoldlawgroup.com (Blog Author)26733 — Mon, 15 Feb 2010 08:00:00 EST

A new study found that overweight men 22% more likely to survive a car crash than skinny men – as long as they are wearing seatbelts.

The University of Michigan Transportation Research Institute analyzed traffic accident data for 300,000 drivers involved in fatal collisions between 1998 and 2008. Fifty-one percent of the drivers in the study were killed in the accidents.

The study also found that overweight men who are not wearing a seat belt have a 10% greater risk of dying than underweight men. This may be because higher weights overload the airbags when no seat belt is used.

The study also found that women drivers are 1.1 times more likely to die in a car crash than male drivers and all drivers, regardless of weight or gender, are 2.1 times more likely to die in a car crash than drivers if they do not wear a seat belt. The study emphasized that all drivers are safest when wearing a seat belt.

Based on this research, it seems that that the designs of seat belts, air bags, knee restraints, seats and other automobile safety devices could be improved in order to offer better protection for a larger range of drivers.

If you have been in a car wreck in Kansas or Missouri, the Roswold Law Group can help. If you have any questions about your rights, your injuries, insurance compensation or who is at fault, give us a call at 888-348-2616 at no obligation.

Multiple Car Pileups Across Kansas City Metro - Valentine's Day Weather Blast

james@schmidroswold.com (Blog Author)26719 — Sun, 14 Feb 2010 08:00:00 EST

A Valentine's Day weather blast caused havoc on freeways throughout the Kansas City Metro area. Northbound I-35 was shut down early this afternoon due to a multiple car pileup near 87th Street. We witnessed this collision scene personally, and after being rerouted from the freeway and getting back on we came upon two more collisions, both involving multiple vehicles as well, all within a mile of one another. The number of cars and emergency personnel involved in these three incidents was nothing short of amazing. The underpasses were particularly treacherous, with sheets of ice. Surprisingly but thankfully, no reports of serious injury have yet to materialize from these collisions. According to news reports, the worst freeway pileup occurred on I-70 in Kansas City, Kansas, near the K-7 interchange. More than 40 cars were involved in this particular crash and the highway was closed down for several hours as firemen attempted to unpile the wrecked and disabled vehicles.

One collision was reported as a chain reaction, with drivers unable to stop when they saw it. Crews worked for hours to extricate people, including some young children, trapped inside cars. In some cases, emergency personnel broke windows to extricate people. Drivers were helpless, but in the end many were amazed that the injuries were not greater considering the number of cars involved and the severity of the collisions.

"We suddenly saw the pileup and when we put the brakes on and we just kept going, no stopping," said one driver caught in the accident. "There was no traction whatsoever."

Indeed, that is what we witnessed as we drove northbound on I-35 this Valentine's Day and came upon the multiple car wrecks at 87th Street. Just before this, we were on seemingly dry roads when suddenly there was a small ice patch on which we momentarily lost traction. It was a bit unsettling and surprising given the seemingly clear road surfaces up until that point. From our experience, it appears that whoever came upon that particular stretch of highway at just the wrong time was destined to be a part of these pileups. In the end, its another vivid reminder to always drive conservatively in winter weather. Likewise, be certain to always wear seat belts as you can never be absolutely certain you will not become part of the car wreck news of the day and it is well known that seat belts save lives.

An official count of the number of serious injuries has not yet been reported, but the hope is that everyone involved escaped without severe injury.

Child Drowning: Are Swimming Lessons Making Parents Too Comfortable?

Sun, 14 Feb 2010 08:00:00 EST

In recent news, swimming lesson advocates and teachers are debating potential negative affects of swimming lessons that parents may have overlooked or never expected.

Researchers now believe that swimming lessons for very young children could prove both hazardous to the child. When parents enroll their children in swimming safety classes, they may feel relieved to know that their child may know how to handle an emergency situation. However, some research is indicating that swimming lessons may cause some parents to be more inclined to let their guard down and place their children in a less than fully attended situation.

Even when ultra cautious parents enroll their children in swimming lessons, the actual lessons still may actually have adverse effects on the children. Namely, the children may lose a healthy fear of the dangers of the water. Just like when a newly-licensed teenage driver operates a car too recklessly, so too may young children forget to consider the dangers of drowning.

This concern is especially relevant as swimming lessons begin to reach out to children as early as the age of one. Are these children really ready? Most swimming safety advocates believe they are, and that lessons are vital to child safety. However, no number of lessons can account for constant parental supervision and caution. Preventing child injury is of paramount importance, and swimming is a wonderful and widespread but potentially dangerous activity. Therefore, this research is a welcomed spotlight upon the pros and cons of swimming lessons for small children.

At Roswold Law Group, we help victims of child injury and child abuse and we know the enormous difficulties presented by this situation. We want to see children get back on their feet after a child injury or child abuse situation and get the justice and compensation they deserve. Contact our experienced, Kansas City-based lawyers who are dedicated to fighting for the rights of children. We pride ourselves on a proven track record of results in child injury cases. At Roswold Law Group, children come FIRST.

Chicago Babysitter Suspected of Fracturing the Skull of a Nine-Month Old Infant

Sun, 14 Feb 2010 08:00:00 EST

In late January, a nine-month old girl was physically harmed by her babysitter. It has been reported that the young infant has suffered severe injuries consistent with child abuse. The infant's skull was fractured, and the young infant also experienced "blood on the brain." Still no word out on her current condition.

At first, medical officials were not able to determine the cause of the trauma, but now medical findings are indicative of foul play. The babysitter was twenty-four year old Abagail Cihak. On Thursday February 11th, Cihak was formally charged with Aggravated Battery of a child. Currently, Calumet police officials and detectives are continuing to investigate.

Unfortunately, abuse by caretakers and loved ones is not uncommon. It is very important to know and trust your babysitter.

At Roswold Law Group, we help the victims of child injury and child abuse and we know the enormous difficulties presented by this situation. We want to see children get back on their feet after a child injury or child abuse situation and get the justice and compensation they deserve. Contact our experienced Kansas City based lawyers who are dedicated to fighting for the rights of children. We pride ourselves on a proven track record of results in child injury cases. At Roswold Law Group, children come FIRST!

Discovery Kids Recall of Marine Lamps and Safari Lamps

Sun, 14 Feb 2010 08:00:00 EST

On February 9th, Discovery Kids did a recall of their Discovery Kids Animated Marine Lamp (model no. 1627121) and their Discovery Kids Animated Safari Lamps (model no. 1627124 & 1628626). An overlooked defect on the circuit board of the lamp puts it at risk for potential combustion, and over 350,000 lamps have been recalled.

Already, seven families have reported incidents of the lamp bursting into flames. Of those families, three have reported damage to property, and one has reported child injury. A young child suffered from smoke inhalation as a direct result of the lamp combusting.

The lamps are rectangular in shape and consist of a silver base and a silver top-covering. The center of the lamp inolves a rotating background, and stationary animal figures. In the upper left-hand corner of the lamp is the logo Discovery Kids.

The United States CPSC urges owners of this lamp to take immediate action and discontinue use of the lamp immediately. Innovage is willing to submit to a full refund, and you can contact the company at www.lamprecall.org.

At Roswold Law Group, we help the victims of child injury and child abuse and we know the enormous difficulties presented by this situation. We want to see children get back on their feet after a child injury or child abuse situation and get the justice and compensation they deserve. Contact our experienced Kansas City based lawyers who are dedicated to fighting for the rights of children. We pride ourselves on a proven track record of results in child injury cases. At Roswold Law Group, children come FIRST.

Proposed Missouri law to protect Kansas City youth from brain injuries

heather@roswoldlawgroup.com (Blog Author)26630 — Fri, 12 Feb 2010 08:00:00 EST

The Missouri legislature is considering a new law that would prevent young athletes who suffer concussions from returning to practice or playing games until they have been cleared by a health care provider.

There is a high risk of brain injury after a concussion even for professional athletes. Repeated concussions can result in permanent brain injury. The effects are worse in young athletes. Children and teenagers need more time than adults to recover from concussions and there is a risk of serious brain damage if a child returns to the activity too soon.

The new legislation is modeled after a Washington state law that is named for a child whose life threatened by a traumatic brain injury sustained after returning to a football game too soon after a concussion. At least six states now have mandatory restrictions on young athletes with concussions.

The Missouri legislation would also require that athletes and their parents receive information packets about concussions at the beginning of each year.

Brain injuries affect more than a million children each year. Many of these injuries lead to permanent brain damage requiring long term treatment and rehabilitation. If your child is a victim of traumatic brain injury due to the negligence of a driver, teacher, babysitter or coach, the Roswold Law Group can help. Our Kansas City personal injury lawyers have experience with child injury cases and getting full insurance compensation for the victims of brain injury. Contact us at 888-348-2616.

Toyota recalls Camry: what does this mean for Kansas City Drivers?

heather@roswoldlawgroup.com (Blog Author)26627 — Fri, 12 Feb 2010 08:00:00 EST

Toyota has launched yet another recall. This time more than 7,300 early-production, four-cylinder 2010 Camrys are being recalled because they may have been fitted with the wrong-sized power hose.

The wrong-sized hose may come into contact with the front brake tube. This contact could lead to a hole in the brake tube leading to a brake fluid leak, increased brake pedal stroke, greater vehicle stopping distance and other braking problems.

The problem was found during a routine inspection. No car crashes have been attributed to this possible defect.

Kansas City drivers who own 2010 Camrys can expect a letter from Toyota asking them to bring in their cars for a free repair. Camrys are the most popular car in the U.S. market.

Toyota is also investigating reports of a steering issue with 2009-2010 Corollas.

If you have been in an accident and you believe it was caused by a defect in your vehicle, you have rights. Contact the Kansas City auto accident attorneys at the Roswold Law Group. Our lawyers have expertise in both Missouri and Kansas car crashes and in defective products. We would be happy to schedule a free consultation to hear your story and let you know how we can help. Call 1-888-348-2616.

Missouri Autism bill would require coverage for autism treatment

mieke@roswoldlawgroup.com (Blog Author)26623 — Fri, 12 Feb 2010 08:00:00 EST

The Missouri senate has tentatively approved a bill that would require insurance companies to pay for some behavioral treatments of autistic children. Under the measure, insurance providers would pay up to $55,000 dollars a year for behavioral treatment until the child turns 21. This is great news for parents who are currently paying for these treatments out of pocket, and it would mean that many children who have not received treatment or therapy will be able to receive critical early intervention services.

The House health committee passed a similar bill; however, it only mandates $36,000 a year of coverage for children up to age nine. Children ages 10 to 21 would be eligible for $20,000 worth of services.

Critics say that many children will not be covered as businesses with 24 or fewer employees will not be required to offer the additional insurance coverage. Others argue that this coverage will increase insurance premiums for everyone. However, early intervention has been shown to be very effective in helping autistic children acquire communication and adaptive skills so that they require less services and less care as they grow.

A similar law is being considered by the Kansas senate.

Fifteen states currently require some level of insurance coverage for the treatment of autism.

Coverage for early intervention services would keep many autistic children out of long term care. Because they tend to be trusting and may have difficulty communicating, autistic children are especially likely to be abused by caregivers. If you have concerns that your autistic child was abused call the Roswold Law Group today.

Toyota Prius Brake Recall Announced

james@schmidroswold.com (Blog Author)26472 — Tue, 09 Feb 2010 08:00:00 EST

You may recall last week we discussed new issues that have surfaced with regard to the braking system on 2010 Toyota Prius and Lexus Hybrid models.

Complaints from Prius owners describe the problem as occurring on uneven surfaces like a bumpy road. The driver steps on the brake and does not get the feeling of braking taking place as expected. One U.S. driver complained that when braking on an uneven surface, the car seemingly accelerates for a split second before braking takes place.

Toyota described the problem as a software problem that causes a "disconnect" of less than one second of the vehicles anti-lock braking system. At 60 mph, the delay causes a vehicle to travel an additional 90 feet before the brakes engage. Obviously the faster one is driving the further one will travel before the brakes engage. This could create a serious problem.

Toyota has now announced that it will conduct a recall of 133,000 Prius and 14,500 Lexus vehicles due to this problem. Toyota will update the software in the anti-lock braking system in order to apparently remedy the problem.

Although Toyota is limiting the recall to 2010 model year vehicles, there are reports that similar problems have been reported to the National Highway Traffic Safety Administration. It is unclear at this time whether any additional model years will ultimately be affected.

Notice of the recall will start going out next week to let owners know when to take their vehicles to a dealership for repair. In the meantime, BE CAREFULL PRIUS/LEXUS 250h owners!!!!!

Big Step Against Tort Reform?

Tue, 09 Feb 2010 08:00:00 EST

On Thursday, The Illinois Supreme Court found that placing a cap on non-economic damages in medical malpractice cases is unconstitutional. The same issue is currently in front of the Missouri Supreme Court giving it the opportunity to put patients first.

Tort reform has a devastating impact on medical malpractice victims because placing caps on damages automatically reduces recoveries without considering each claim on a case by case basis even if a jury feels the victim deserves more. Tort reform protects hospitals and doctors but not the patients who have suffered a significant and debilitating injuries at the hands of those hospitals and doctors.

Tort reform was aimed at reducing the cost of health care but over the years that goal has not been reached. It is time to end tort reform so as the tort reform battle wages on, visit www.98000reasons.org and sign the petition - fight tort reform.

Immediate Help For Families of Wrongful Death Victims

james@schmidroswold.com (Blog Author)26312 — Sun, 07 Feb 2010 08:00:00 EST

The loss of a loved one can be devastating. Families who have lost a loved one due to the negligence of another often do not know where to turn. Easy access to information for these families is desperately needed. Easy access is now available.

Those who have lost a loved one due to the negligence of another can now find immediate answers: Roswold Law Group has created a website designed to be THE source of information for families of wrongful death victims in Missouri and Kansas, with articles, videos, books, written question submission, live chat, and consultation, all FREE and at your fingertips.

Some of the questions families of wrongful death need answers to:

Who can recover for wrongful death in Missouri and Kansas?

Recoverable damages in Missouri and Kansas

What is a survival action and what are survival damages?

In addition to basic information, there is also specific wrongful death information available such as articles on motorcycle accident deaths.

Toyota tells Kansas City dealers, "Parts are on the way!"

Sun, 07 Feb 2010 08:00:00 EST

Toyota Motor Corporation has told Kansas City area dealers that parts to fix sticking gas pedals are on the way and should arrive by the end of the week. However, the more than 4.2 million customers affected by the recall may have to wait for repairs. While the parts available, technicians will need to be trained in how to use them.

Toyota has recalled more than 4.2 million vehicles because the gas pedals may stick. The eight models recalled include 2009-2010 RAV4 crossover SUV’s, 2009-2010 Corolla sedans, 2009-2010 Matrix wagons. 2009-2010 Avalon sedans, some 2007-2010 Camry sedans, 2010 Highlander SUV’s, 2007-2010 Tundra pick-up trucks, and 2008-2010 Sequoia SUV’s.

Safety Research and Strategies, the Massachusetts-based car safety investigation and advocacy group, has identified 2,274 incidents of sudden unintended acceleration in Toyota vehicles leading to 275 crashes and 18 deaths since 1999.

It is believed that a sudden acceleration was responsible for the death of a 40-year-old woman at a Grandview, MO carwash last November. The woman was sitting on a bench waiting for her car to be washed when she was struck by a Toyota SUV.

If you have injured in or have lost a loved one to an accident that you believe was caused by the sudden acceleration of a Toyota in Kansas or Missouri, you may be eligible for compensation from Toyota. Contact the Roswold Law Group for a free consultation and to learn more.

Herbal supplements and heart drugs a dangerous mix for Kansas City heart patients

Sun, 07 Feb 2010 08:00:00 EST

Herbs and natural supplements are become commonplace as people search for natural remedies for their health problems. However, it is important to remember that natural is not always safe. Popular over-the-counter herbal remedies such as St. John’s wort, ginseng, gingko, garlic, black cohosh, ginger, and echinacea can be dangerous when combined with blood thinners or cholesterol-lowering statins. The herbs may dilute the drug, intensify its effect, or exacerbate side effects.

The Mayo clinic recently listed more than 25 products that should be avoided by those on heart medications. These include garlic, saw palmetto, ginkgo, echinacea, St. John’s wort, green tea, alfalfa, ginger, billberry, fenugreek, ginseng, grapefruit juice, aloe vera, black cohosh, hawthorn, yohimbe, licorice root, butcher’s broom, angelica, capsicum, gossypol, Irish moss, kelp, khella, lily of the valley, ephedra, night-blooming cereus, oleander and strophantus.

Always tell your doctor AND pharmacist if you are taking any natural remedy, herbal supplement or vitamin – even if those remedies were suggested by a medical professional. Many doctors are not aware of these dangerous interactions. Remember all drugs are potentially dangerous!

If you are a resident of Missouri or Kansas and you believe that you have been injured by a dangerous drug, vitamin or herbal supplement, contact the Roswold Law Group. You may have a claim for any injuries or damages that occurred from taking the dangerous drug. An attorney will set up a free consultation and we’ll tell you if you have a case. Call 888-348-2616 at any time.

Distracted truckers pose a danger to Missouri motorists

Sun, 07 Feb 2010 08:00:00 EST

A 2008 study by the Virginia Tech Transportation Institute (VTTI) showed that driver distraction and cell phone use were major factors increasing the risk of truck accidents. Drivers of heavy vehicles were twice as likely as a non-distracted driver to be involved in an accident while talking on a cell phone, they were 5.9 times more likely to be in an accident when dialing a cell phone, 6.7 times more likely to cause an accident when using or reaching for an electronic device and 23.2 times more likely to be in an accident while texting. Obviously distractions are a risk factor for truck accidents.

But, who would have thought to study the effects of watching porn on a laptop?

New York State Police report that a truck driver watching porn on his laptop caused an accident when the 18-wheeler hit a disabled car on the New York State Freeway in December.

The trucker, Thomas Wallace of Brook Park, Ohio is charged with second-degree manslaughter for the wrongful death of 33-year-old Julie Stratton. Ms. Stratton was the mother of two young children.

In addition to driving while distracted, Wallace also violated rules governing the amount of sleep a driver must get.

Distracted drivers are a problem in Missouri and Kansas as well. If you’ve been injured in a trucking accident, contact the Roswold Law Group immediately. We have experience dealing with the trucking companies and insurance agencies and we will get you the compensation you deserve.

Medicaid cuts may endanger Kansas nursing home residents

Sun, 07 Feb 2010 08:00:00 EST

A ten percent cut in Kansas state Medicaid funding went into effect last month. This cut directly affects nursing homes and the services they are able to provide.

Medicaid is funded by a combination of state and federal money. In Kansas, 30 percent of Medicaid funding comes from the state, and 70% of funding from the federal government. So for every dollar that Kansas reduces Medicaid spending, an additional $2.31 of federal money is lost. Experts worry that these cuts will affect nursing home care and that our elderly, some of the most vulnerable members of our society, will suffer.

Nursing homes are struggling to make up for the cuts. The largest expenses of nursing homes include food, medical supplies and staffing. Many homes will have to cut staff or reduce hours to stay within budget. These cuts may directly impact the care and services that are offered to residents. Advocates for the elderly worry that the cuts will lead to the neglect and even abuse of nursing home residents.

However, budget cuts are not an excuse for the mistreatment or neglect of the elderly. There is no valid reason for the abuse and neglect of our parents and grandparents. If your loved one has been neglected or abused in any way while in a Kansas or Missouri nursing home, contact the Roswold Law Group. Legal action is the best way to ensure that such problems are investigated and addressed.

When It Rains, It Pours! More Shocking News From Toyota Involving Prius and Lexus Brakes

Fri, 05 Feb 2010 08:00:00 EST

The news keeps getting worse from Toyota. Now there appears to be an issue with the brakes on the Toyota Prius and Lexus hybrid models with the same braking system.

As of Wednesday, February 3, 2010, the National Highway Traffic Safety Administration had received 124 complaints about brake problems with the 2010 Toyota Prius. Four crashes have been attributed to poor brake performance and two of these have involved injuries.

In Japan, there have been multiple complaints that have led the Japanese government to call for an investigation of the problem.

Brakes in hybrid vehicles like the Prius operate differently from those in conventional vehicles. In hybrids, electric motors in addition to the standard brakes help slow the vehicle down. The braking process also generates electricity to help recharge the batteries. The software is required to coordinate the separate braking systems in order to provide smooth braking.

Toyota describes the problem as a software problem that causes a “disconnect” of less than one second of the vehicles anti-lock braking system. At 60 mph, the delay causes a vehicle to travel an additional 90 feet before the brakes engage.

Complaints from Prius owners describe the problem as occurring on uneven surfaces like a bumpy road. The driver steps on the brake and does not get the feeling of braking taking place as expected. One U.S. driver complained that when braking on an uneven surface, the car seemingly accelerates for a split second before braking takes place.

Here’s the crazy part of all of this: Toyota has known of the problem for some time and has taken steps to introduce new braking system software in cars now being produced. Unfortunately, Toyota has not indicated what its plans are for remedying the problem with those vehicles already on the road!

I don’t know about you, but the more I hear, the more concerned I am about what has been taking place at Toyota. Various accounts suggest that the accelerator pedal issue has been involved in as many as 19 deaths and 243 injuries. While it is impossible to know at this time the actual relationship between the pedal issue and each death or injury, the impression conveyed here is that Toyota has sacrificed quality for quantity. Hopefully, these events will help refocus Toyota.

Toyota Problems Are A Big Deal, but....

Fri, 05 Feb 2010 08:00:00 EST

Without question, the ongoing Toyota saga involving defective floor mats, defective gas pedals and now defective brakes is a big deal. In its effort to become the worlds largest motor vehicle manufacturer there appears to have been an emphasis on quantity over quality.

There can be no question that all of the deaths associated with any of these defects is tragic and needless.

There can be no question that Toyota’s actions in possibly stonewalling on these problems show a typical corporate mentality that places profit over people.

And yet…

It is an undeniable fact that driver behavior is the number one factor in relation to deaths caused in traffic accidents. National Highway Traffic Safety Administration 2008 statistics indicate that in 2008, almost 6,000 deaths and 515,000 injuries were caused or contributed to by distracted driving.

Talking on the cell phone; texting; using your handheld device; eating; adjusting the radio, cd or ipod; or looking at your GPS device all while driving are activities that pose a much greater risk of immediate harm to the public at large than the issues faced by Toyota drivers.

While mandating safer vehicles and remedying vehicle defects is certainly part of the solution, the focus on cutting traffic injuries and deaths should be on increased education and enforcement. As Kansas City lawyers who see the first hand effect of injuries and deaths caused in car and truck accidents, we believe that this is a far more effective long term solution to these problems than an undue emphasis on vehicle defects.

Will the Toyota Fix Work? Federal Investigators Looking at Other Possible Causes of Sudden Unintended Acceleration

Wed, 03 Feb 2010 08:00:00 EST

It was reported today by CNN that Federal investigators with the National Highway Transportation Safety Administration are looking into whether Toyota’s electronic throttle control systems might be responsible for the numerous reported incidents of sudden unintended acceleration. Although Toyota has announced a “fix” for what has been described as an accelerator pedal problem, other safety experts appear to believe that electromagnetic interference may be causing Toyota's electronic throttle control systems to malfunction.

Toyota claims that it has fully tested the throttle control systems in an effort to determine the cause of the acceleration problems and that there is no evidence that the electronic throttle control mechanism is responsible.

Meanwhile, Department of Transportation Secretary Ray LaHood seemed suggest to Toyota owners that the need to repair the gas pedal problem identified by Toyota was more urgent than previously stated. In a statement to a House of Representatives committee investigating the Toyota problems, Secretary LaHood stated that Toyota drivers should “stop driving” and take affected cars back to the company. He later referred to that as a “misstatement” and said he only meant that owners should take their cars into the dealer for the announced repair.

All of this suggests that the powers that be are not totally convinced yet by Toyota’s announced fix. Needless to say, Toyota owners are somewhat confused and frustrated. Stay tuned.

Toyota Fix to Begin Next Week

james@schmidroswold.com (Blog Author)26123 — Wed, 03 Feb 2010 08:00:00 EST

Toyota announced Monday that it will be sending out letters to owners of the affected vehicles announcing the details of the recall and repair program by the end of this week. Replacement parts are being sent out and Kansas City area dealers will be in a position to begin installing the redesigned accelerator pedal next week.

It is expected that the repair will take approximately 30 to 45 minutes and customers’ cars will take priority over new and used dealer inventory. The Kansas City Star reports that many Toyota dealers will keep their service area open extended hours to handle the demand for the recall work.

Toyota believes that its engineers have traced the problem with the accelerator pedals to a friction device in the accelerator pedal assembly that is supposed to provide proper pedal “feel” by adding resistance. Over time, wear and environmental conditions can cause the pedals to stick and hesitate or stick and remain open.

Although the National Highway Traffic Safety Administration appears to be satisfied with the repair plan, other safety experts are taking a wait and see attitude, noting that Toyota is additionally adding new computer control software on some models that prevents the accelerator from being pushed at the same time as the brake. There have been 19 deaths reported that are apparently related to the defective accelerator pedals.

At present, Toyota indicates that because a stuck pedal is rare, drivers who have not experienced a sticky accelerator pedal can continue using their cars until they receive their repair notice.

In the event that you experience a sticking or stuck accelerator pedal and sudden unintended acceleration, you should take the steps set out in our article What to Do If You Experience Sudden Unintended Acceleration.

$7.2 Million Dollar Jury Award & Settlement In Deadly Helicopter Crash Involving Lenexa, Kansas Man

james@schmidroswold.com (Blog Author)25929 — Sat, 30 Jan 2010 08:00:00 EST

A confidential mediated settlement has been reached for the wife of a Lenexa, Kansas man following a $7.2 million dollar jury verdict in a civil case arising out of a deadly helicopter crash that occurred while filming "The Final Season," a movie about Norway High School's 1991 baseball championships.

In 2006, Lenexa, Kansas cameraman Roland Schlotzhauer was killed when the helicopter he was in struck overhead utility lines and crashed in an Iowa cornfield near highway 151 in Des Moines. Following a jury trial in 2009, a Polk County jury concluded that pilot error of Richard Green was the primary cause of the fatal helicopter crash and awarded Schlotzberger's wife $7,200,000. The award also included $4,160,000 for injuries to co-producer Tony Wilson who was seriously injured in the crash.

There were actually four lawsuits involved in these complicated legal proceedings and the result was one of the largest civil damage awards in Iowa history following a trial that lasted a full five weeks. The jury found that Green of Ritel Copter Service, the company "The Final Season," and two of the movie's producers were responsible for the deadly helicopter crash. No fault was assessed to co-producer Tony Wilson or Bristol Aerospace, manufacturer of a wire-strike protection system that was mounted on the helicopter. Green declined to comment on the resolution.

Every single day someone somewhere in the world is seriously injured or killed in a helicopter crash or an aviation accident. Extensive investigation is usually required and often reveals that the helicopter pilot or its charter company are at fault in these cases. The causes are often defective helicopter parts, badly maintained crafts, defective helicopter design, or the result of rebuilt and worn out helicopter parts. To prevail in a helicopter crash case, or an aviation crash case, it must be proven who was at fault, who caused or contributed to causing the helicopter or plane crash. Typically, aviation experts are required, including aviation engineers, helicopter crash experts, aviation accident investigators, who are hired by the plaintiff's personal injury attorneys to closely examine the facts of the helicopter or plane crash case and interview multiple witnesses to help determine who caused or contributed to the crash.

Aviation crashes involve both products liability and negligence theories and remedies. Since the injuries are typically severe and the product involved is so complex, plaintiff's attorneys must often assemble teams of legal experts and engineering experts to move the case forward to trial or settlement in order to obtain fair compensation on behalf of the injured or deceased and his or her family. In the case of the death of Lenexa, Kansas man Roland Schlotzhauer, justice was served three years later following both trial and subsequent mediation.

Civil War Averted (JACO to drop lawsuit against KC)

james@schmidroswold.com (Blog Author)25927 — Sat, 30 Jan 2010 08:00:00 EST

In response to the lawsuit filed by Jackson County against Kansas City, the city council has passed an ordinance that gives KC TIF members full voting rights. Previously, Kansas City was unresponsive to requests by the county to have a larger voice concerning the distribution and expenditure of TIF money. Council member John Sharp was quoted as recognizing that all members of the TIF commission should have an equal voice in light of the fact that the tax dollars are both city and county. County executive Mike Sanders, who brought the Jackson County lawsuit, praised the TIF reform development as making the TIF process transparent and accountable to the public and issued a statement advising of the county's intention to drop its lawsuit as soon as the new Kansas City ordinance becomes effective.

It would seem that the parties are in agreement that those who provide tax dollars should have a say in the way those tax dollars are spent. In any event, civil war averted is good for Kansas City development.

Toyota's Problems Are A Reminder to All To Check Their Floor Mats

Fri, 29 Jan 2010 08:00:00 EST

Back in October of 2007, Toyota recalled 55,000 all-weather driver’s side floor mats that were an option on 2007 and early 2008 Toyota Camry and Lexus ES350 models. There was apparently a problem with the retention hooks such that the mats could slide forward and cause the vehicle to potentially accelerate uncontrollably.

Fast forward to August 28, 2009. An off duty California Highway Patrolman and three family members were killed horrifically when the 2009 Lexus ES in which they were riding sped out of control, crashed into another vehicle, rolled over and burned.

The police report initially indicated that the driver’s side floor mat had interfered with the accelerator pedal. Later, it was reported that the car may have been fitted by the dealer with an optional all-weather floor mat that was too big for the car and could not be secured to the floor hook. It is thought that the loose mat may have become entangled in the cars pedals and caused the accelerator to stick while preventing the brake from being applied. The crash is obviously still being investigated.

As a result of this accident, Toyota launched a recall of many of its vehicles in October of 2009 due to the potential danger of floor mat entrapment. As of January 27, 2010 this recall was expanded to include additional vehicles. Toyota has also issued a massive recall of vehicles due to an accelerator pedal defect.

Regardless of whether the floor mat or the accelerator pedal caused the horrible accident in California, it is clear that having a loose mat or other loose items in the driver’s side foot well is a danger that needs to be addressed.

If your car has floor mats, make sure that they are hooked to the floor appropriately. If your floor mats are aftermarket or accessory items, make sure that they are not able to move around and interfere with the brake and accelerator pedal. Likewise, never stack your mats, as this might also cause unnecessary interference. Finally, keep loose items such as trash out of the foot well.

More Reasons Why Being Overweight Isn't Healthy!

Wed, 27 Jan 2010 08:00:00 EST

At this time of year we all are focused on what we can to get in better shape and shed unnecessary pounds. The news is full of stories with weight loss tips and the reality TV series “Biggest Loser” is a hit.

Aside from the obvious health reasons, a recent story from Health.Com highlights a sad reality: women who are more than 20 pounds overweight are at risk of getting poor medical care. The author refers to recent studies that have found that women who are overweight are at risk of being misdiagnosed and disrespected and discriminated against.

Initially, there are practical reasons that must be considered. Due a woman’s weight, physical examinations and diagnostic studies become tougher to perform.

An example given was of a woman who went to a physician with complaints of pelvic pain. Her doctor performed a pelvic exam and palpated her uterus but did not feel anything. Unfortunately the pain continued and the woman was found to have a fibroid cyst that had grown substantially by the time the woman was able to be seen by a specialist.

Likewise, diagnostic testing is harder to perform. Large women may not fit into CT and MRI diagnostic machines. Ultrasound, a particularly common test used to diagnose uterine tumors, ovarian cysts and to evaluate the health of the mother and baby during pregnancy is substantially compromised, as ultrasound beams cannot penetrate more than 8 centimeters of subcutaneous fat.

Sometimes, the necessary equipment to treat large women is unavailable. Electronic stethoscopes are often necessary in order to appropriately hear heart and lung sounds. Unfortunately, not all doctors have them. Heavy people may also require special surgical tables that will support their weight. Again, not all hospitals have this equipment.

On the other hand, the problem also involves disrespect and discrimination. In one study, it was found that 17% of the physicians contacted indicated that they were reluctant to do pelvic exams on obese women.

Similarly, some doctors are reluctant to perform surgery on very overweight patients due to the fact that the operations are more difficult and time consuming.
In many instances, doctors’ are dismissive and judgmental based on a patient’s weight.

While the studies referred to deal specifically to problems encountered by women, it seems obvious that very heavy men are encountering the same issues.

Toyota Recall: Suspension of Sales and Production Suggests The Problem Really Is Serious

Wed, 27 Jan 2010 08:00:00 EST

Wow, the news just keeps getting worse for Toyota. On top of recalls previously announced by Toyota involving floor mats and accelerator pedals, it yesterday took the drastic step of announcing that it was suspending sales and production of the affected models.

Although there have been relatively few reports of accelerator pedals sticking, the massive nature of the recall coupled with the suspension of sales and production suggests that there is in fact a serious problem that has been identified and that a fix is in the works.

On the other hand, there is an indication from some who have experienced sudden unintended acceleration in their Toyota do not believe that a sticking accelerator pedal describes what has happened to them. Because of this, some safety experts believe that the problems may be a combination of floor mat problems, accelerator pedal issues and electronic throttle controls.

All of this is eerily reminiscent of unintended acceleration claims made against Audi in the late 1980s. The claims hounded Audi for years and nearly caused it to go bankrupt. Toyota seems to have learned from Audi’s experience, in light of the recall, suspension of sales and production. Audi steadfastly blamed the problems on drivers and although Toyota has done this to some extent, the current actions suggest that it realizes that there is indeed a problem that needs to be addressed.

98000 Reasons: The Fight Against Tort Reform

Tue, 26 Jan 2010 08:00:00 EST

The American Association for Justice ("AAJ") has launched a new website, http://www.98000reasons.org, in an effort to fight tort reform and raise patient safety awareness by pointing out the significant impact medical errors have on patients' lives. The website urges visitors to use the site to tell Congress to "put patients first."

The website reports that preventable medical errors claim 98,000 lives every year and is the number 6 leading cause of death.

They point out that in order to prevent medical malpractice litigation we have to prevent medical errors. The website features videos of injured patients and individuals who have lost loved ones due to medical negligence.

The website gives visitors the opportunity to sign an electronic petition and sends it directly to the Senate. The petition urges the Senate not to use "medical tribunals" or special medical malpractice courts as that would prevent litigants from exercising their 7th Amendment right to a jury trial and argues that attempting to limit "an injured patient's right to their day in court should be voted down," and we should focus on patient safety.

The petition includes the line, "Under NO circumstance, does medical malpractice tort reform belong in the health care reform bill." If you or a loved one has been the victim of medical malpractice, visit http://www.98000reasons.org and raise your voice.

To protect your medical malpractice claim, download our FREE book!

Missouri highway deaths lowest in 60 years

Sun, 24 Jan 2010 08:00:00 EST

Fewer people are dying on Missouri roadways. Data released this week shows that Missouri recoded 871 highway deaths in 2009; this is the lowest number since 1949, when there were fewer than 850 traffic fatalities recorded. Highway deaths in Missouri have been declining for several years. In 2003, 1,232 highway fatalities were recorded.

In the 12-county Missouri-Kansas bi-state area, there were 192 highway deaths. This is down from 228 in 2008.

The new numbers may fluctuate as some year-end auto accidents may have not yet been recorded.

This is good news! Although, the Roswold Law Group represents car accident victims, it is always sad for us to hear of a highway death, especially when it is a preventable death. That’s why we’re here, to help those who have experienced severe injury or loss.

If you or a family member has been seriously injured or you lost a loved one to a vehicle accident, you may have questions. You may be wondering how you are going to pay for hospital bills, on-going treatment and burial costs.
You may also be wondering what to do about missed work and lost wages. Insurance adjustors may be calling asking you to sign things, or, perhaps, they can’t be reached.

The Roswold Law Group can help. Our personal injury attorneys can answer your questions and provide legal advice. We can negotiate with the insurance company on your behalf and get you a better settlement. To get started, contact our Kansas City office at 1-888-348-2616 to schedule a free initial consultation.

Civil War in KC? (County vs. City)

james@schmidroswold.com (Blog Author)25522 — Sat, 23 Jan 2010 08:00:00 EST

On Friday, Jackson County filed a lawsuit against Kansas City over TIF (tax increment financing). JACO Exec Mike Sanders claims KC mayor Funkhauser and the TIF Commission have effectively shut JACO out of TIF Commission decisions and denied the county a voice in spending tax money. Sanders further claims this has resulted in an unfair distribution of millions of TIF dollars, that there has been a diversion of tax dollars away from basic public services, and that county public services have taken a hit. The county's suit seeks a restraining order to halt all TIF projects until the process is reformed. The hope is that the dispute can be resolved quickly and amicably. Whether or not Crosby Kemper is correct that "nothing could be worse for economic development" in Kansas City than a JACO vs. KC civil war between tax entities, it's probably fair to say it won't encourage development.

FDA warns obesity drug Meridia increases risk of heart attack

Sat, 23 Jan 2010 08:00:00 EST

A study came out this week that shows that the obesity drug Meridia is likely to cause heart attacks, strokes and other cardiovascular problems in people with certain health problems. The purpose of the study was to see if a weight loss drug would reduce health problems such as heart disease. Instead, it brought up questions about the safety of Meridia and other weight loss drugs.

The European Medicines Agency advised that pharmacies and doctors in Europe stop dispensing the drug immediately. In the U.S., a stronger warning will be put on the label.

The new warning will say that the drug should not be used by patients who have a history of heart attacks or strokes, or who have uncontrolled high blood pressure. Some doctors believe that the European agency reacted more responsibly. They are concerned about effects of Meridia in patients that have undiagnosed problems.

If you are taking Meridia and have high blood pressure or other cardiovascular problems, call your doctor.

If you live in Kansas or Missouri and someone you love has had a heart attack or stroke after taking Meridia, contact the Roswold Law Group. Our personal injury attorneys can answer any questions you have about your dangerous or defective drug injury situation. And if you are eligible for compensation, our lawyers can help. The initial consultation is free.

Grandview Company fined in floor collapse that injured employees

Sat, 23 Jan 2010 08:00:00 EST

The federal Occupational Safety & Health Administration (OSHA) fined a Grandview, Missouri business $50,000 for a floor collapse that put three employees in the hospital.

The accident occurred at Kenny’s Tile & Floor’s building at 3303 Main Street on September 23. An employee was manning a forklift carrying a large load of Thinset when the floor underneath him gave way and collapsed into the basement. The forklift, employee, steel, concrete and pallets crashed into the basement work area.

Fortunately, no one was killed in the accident.

OSHA cited Kenny’s Tile & Floor with three violations, including exceeding weight limits. The signs on the building specified 125 pounds per square foot loading capacity. That load was exceeded the weight limit. Building loads are determined by the architect.

When employees are injured on-the-job, they are eligible for workers' compensation to help with the costs of medical care and lost wages. If the injuries are caused by the company’s negligence, you may be entitled to other damages.

The worker’s compensation process in Missouri and Kansas can be confusing. If you have been hurt and you aren’t sure how to get compensation, contact the Roswold Law Group. Our experienced worker’s compensation attorneys understand the process and can get you the compensation that you deserve after being hurt at work.

Have you been injured at work? Order our FREE book, The Workers’ Compensation Survival Guide – How To Avoid Becoming a Work Injury Horror Story.

Child death spurs recall of Dorel Asia cribs

Sat, 23 Jan 2010 08:00:00 EST

The Consumer product Safety Commission (CPSC) announced the recall of approximately 635,000 cribs after the death of a six-month-old infant and dozens of reports of safety hazards.

The cribs are recalled after one death and ten injuries. The CPSC received 31 reports of incidents where the drop side detached. When the drop-side detaches, it creates a space in which an infant or toddler can become trapped and suffocate or strangle. In one of these incidents, a 6-month-old from Cedar Rapids Iowa became trapped and died in the crib. There have also been 36 reports of slat breakage and six reports of entrapment.

Several models of the cribs will be discontinued. The cribs were manufactured in China and Vietnam and sold at Wal-Mart, Kmart and Sears stores nationwide from January 2005 to December 2009 from $120 to $700. You can click here to determine if your crib is being recalled. If you own one of the recalled cribs, stop using It immediately and call Dorel Asia at 866-762-2304.

Graco announced a recall of 1.5 million strollers today. Learn more here.

Products designed for children should be safe. In the event that your child is injured by a Dorel Asia crib or any children’s product, you should contact the product liability lawyers at the Roswold Law Group immediately. Our Kansas City attorneys can determine whether you are eligible for compensation for any injuries and damages suffered.

Recalled Graco strollers may cause child injuries

Sat, 23 Jan 2010 08:00:00 EST

The CPSC announced today that about 1.5 million strollers sold at Walmart, Target and other big retailers are being recalled after some children had their fingertips severed by hinges on the product.

The recall includes models of the Passage, Alano and Spree Strollers and Travel Systems. The strollers were manufactured between October 2004 and December 2009. The model number and date of manufacture are located on the lower inside portion of the stroller frame, just above the rear wheel. You can click here to determine if your stroller has been recalled.

The recall comes after the company received reports of injury that occurred when children put their fingers in the canopy hinge as the canopy was being opened or closed. Five children had their fingertips severed and two received cuts.

The CPSC advises that parents stop using the strollers immediately and contact Graco for a free set of protective hinge covers.

In November, Maclaren announced a similar recall of its popular umbrella strollers. The CPSC has expanded their investigation to include other stroller brands.

Child products should be safe. In the event that your child is injured by any stroller, you should contact the product liability attorneys at Roswold Law Group immediately to determine whether you are eligible for compensation for any injuries and damages suffered. Schedule a free consultation with a Kansas or Missouri lawyer today.

Driving In The Fog

Tue, 19 Jan 2010 08:00:00 EST

This weekend, there was a massive pile up on I-35 South bound in Franklin County, Kansas involving at least thirty vehicles. One person was killed and many were injured. Major contributing factors included dense fog and black ice that formed as a result of the heavy fog.

Although fog is a common weather occurrence, it seems that drivers do not know what causes it and they often fail to take practical steps that can help them drive safely in the fog.

In a nutshell, fog is a cloud formed at ground level made up of tiny water droplets suspended in the air. It forms when the air temperature drops to the dew point and the water vapor condenses to form suspended droplets of water.

Heavy fog can reduce visibility substantially. A Dense Fog Advisory means that fog has reduced visibility to less than ¼ of a mile and obviously this creates very hazardous driving conditions.

The best advice for driving in fog is DON’T. If you can’t postpone your trip, here are some tips for driving in heavy fog:

Slow down and watch your speedometer. Fog creates an illusion of traveling in slow motion when you might really be speeding;
Drive at a slow, constant speed. Do not speed up and slow down;
Drive with your lights on low beam;
Use fog lights if your car is equipped with them;
Turn on your safety flashers;
Use your wipers and defroster as necessary;
Increase your following distance between vehicles
Listen for traffic you may not be able to see;
Use the right edge of the road, other painted road markings and reflectors as a guide;
Be patient, do not pass other vehicles;
Be ready for emergency stops due to vehicles ahead;
Watch out for slow moving or parked vehicles;
Signal early and avoid sudden stops;
Do not stop on an interstate or freeway. If you become disabled, be sure your flashers are on. Move away from the vehicle to avoid injury.

Above all, relax and focus on driving safely. Ultimately, it may be wise to simply stop in a safe location and let the fog clear.

Is It Time To Increase Your Auto Insurance Coverage?

Tue, 19 Jan 2010 08:00:00 EST

A recent study by the Insurance Research Council estimates that the economic downturn will trigger a sharp rise in the uninsured motorist rate.

According to the study, about one in seven drivers on a nationwide basis may be without auto insurance. On a state by state basis, it is estimated that about one in seven drivers in Missouri are without auto insurance and in Kansas, about one in ten drivers might be uninsured.

Not surprisingly, the IRC report found a strong relationship between the unemployment rate and the percentage of uninsured motorists. Statistically, an increase in the unemployment rate of one percentage point was found to cause an increase in the uninsured motorist rate of approximately three-quarters of a percentage point.

In light of this trend, it is important that we all reassess our insurance needs in order to be certain that we are protected as fully as possible.

Research shows prescription mistakes are common

Mon, 18 Jan 2010 08:00:00 EST

According to recent study, one in ten prescriptions written in hospitals may contain mistakes.

A study of nearly 125,000 prescriptions written over one week at 19 different hospitals in northwest England found that 11,000 (or nearly 9%) of the prescriptions contained errors. And, almost 2% of these errors could have been lethal for patients if they were not caught.

The study was originally designed to test whether medical residents were more likely to make mistakes than more experienced doctors. Surprisingly, the mistakes were spread out. Even specialists and consultants were likely to make errors. Fortunately, many mistakes were caught before they reached patients and caused injury.

The research reflected the findings of a 2006 study done in the United States that found about 1.5 million Americans a year are harmed or killed by medication errors. These mistakes cost American nearly $3.5 billion each year.

Medical experts urge that patients understand what medications they are taking, what the drugs are for, and how they are supposed to be taken. Click here to learn how you can help prevent prescription errors.

If you are a Kansas or Missouri resident and were injured or endangered by a medication error or a pharmacy mistake, you may be entitled to compensation. Call the medical malpractice and dangerous drug attorneys at the Roswold Law Group to set up a free consultation.

Tylenol recall expanded to cover 27 products including Rolaids

Sat, 16 Jan 2010 08:00:00 EST

McNeil Healthcare, the makers of Tylenol, announced this week that it is recalling some of the most popular over-the-counter medications due to chemical contamination.

The Kansas City attorneys at The Roswold Law Group have compiled this listing of the products recalled. To determine if you have a drug that has been recalled, go to the McNeil Healthcare website and scroll down until you see a picture of your medication. Check the NDC code number, the UPC number, and especially the lot number. These numbers are on both the external packaging and on the bottle itself.

If you need help determining if your product has been recalled, call McNeil Healthcare’s Consumer Care Center at 1-888-222-6036.

If you own one of these products, stop using it immediately. Call McNeil to learn how to get a free replacement or refund.

If you have taken the medicine, don’t panic. The contamination is not life threatening to consumers, but it may cause stomach illness.

BENADRYL ALLERGY TABLET

TYLENOL EXTRA STRENGTH CAPLETS

TYLENOL EXTRA STRENGTH COOL CAPLET

TYLENOL EXTRA STRENGTH

TYLENOL EXTRA STRENGTH RAPID RELEASE GELCAP

TYLENOL EXTRA STRENGTH TABLET

TYLENOL REGULAR STRENGTH TABLET

TYLENOL 8 HOUR CAPLET

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ST. JOSEPH CHEWABLE ORANGE TABLET

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"Big Rex and Friends" baby books recalled due to lead hazard

Fri, 15 Jan 2010 08:00:00 EST

The U.S. Consumer Product Safety Commission announced a recall of about 204,000 “Big Rex and Friends” cloth books. A red plastic dot sewn into these books contains high levels of lead. Lead is toxic if ingested by children and can cause serious health effects including brain damage.

The books are published by the Priddy Books division of St, Martin’s Press. They were sold from May 2004 until October 2009 by Toys “R” Us, Amazon, Borders, Barnes & Noble, and other bookstores and toy stores nationwide. The books sold for approximately $9.00.

If you own one of these books, take it away from your children immediately. Contact St. Martins press at 1-800-347-9411 or go to their website for instructions on how to return the book for a full refund.

Lead in children’s products is illegal in most cases. If your child has tested as having high lead levels due to lead in toys or any other household product, contact the Kansas City personal injury attorneys Roswold Law Group immediately. Our experts on child injury and product liability will determine if you have a case and are entitled to compensation for your child’s injuries, pain and suffering and for any other damages suffered. Call us at 888-348-2616 to schedule a free consultation.

Acer recalls Aspire laptops due to burn risk

Fri, 15 Jan 2010 08:00:00 EST

The computer company Acer issued a recall of approximately 22,000 Aspire laptops after consumer reports of overheating.

According the U.S. Consumer Product Safety Commission, the microphone wire, which is located under the notebook computer’s palm rest, can short circuit and overheat. The recall was initiated after three customers reported “light melting of the external casing.”

Acer first notified its European customers of the problem in October. They were given the warning, “microphone cable may overheat when extreme pressure is applied repeatedly to the left palm rest.” American consumers were not given this warning until the recall on January 14.

The recalled notebooks include Acer models AS3410, AS3410T, AS3810T, AS3810TG, AS3810TZ, and AS3810TZG. The affected units were sold between June and October 2009. If you believe that you own a recalled laptop, stop using it immediately and call 1-800-571-2237. Acer is offering consumers a free repair.

If you have been burned by an overheating lap top or any other consumer product, contact the product liability attorneys Roswold Law Group in Kansas City immediately. We can help you determine if you are entitled to compensation for your injuries and for the damages you've suffered. Call 888-348-2616 to schedule a free consultation with an injury lawyer.

Cadmium: Is Your Child's Jewelry Safe?

Thu, 14 Jan 2010 08:00:00 EST

High levels of cadmium were recently found in some children's jewelry manufactured in China and sold to United States retailers. Cadmium is a highly toxic metal and known carcinogen. Research shows it is linked to developmental problems in children including learning disabilities.

With the banning of lead based toys were banned in 2008, toy manufacturers have started using cadmium instead. According to Associated Press reports, cadmium can be more dangerous than lead causing cancer, kidney problems, and brittle bones with direct exposure. Exposure can occur if children suck, bite, or swallow the jewelry.

Bruce A. Fowler with the U.S. Centers for Disease Control and Prevention equates the toxic metal to poison.

How can you protect your child from cadmium poisoning? Parents are urged not to buy cheap metal jewelry and to safely discard any dangerous jewelry you already have. Wal-Mart and Claire's have already taken down the dangerous jewelry from their shelves.

If your child has been injured due to cadmium consumption, you can find answers to many of your most pressing questions on our website. You can also protect yourself by downloading our FREE book, "10 Essential Steps You Must Take To Protect Your Injury Claim, How You Can Escape The Personal Injury Trap, The Ultimate Guide to Personal Injury Cases in Missouri and Kansas." For more information, use our "Just Ask" feature, live chat, or call for your FREE consultation with no obligation. Contact Roswold Law Group at 816-471-5111.

Tell Them What Happened and What Hurts!

Wed, 13 Jan 2010 08:00:00 EST

An experience this week with a client’s workers’ compensation claim has reminded me of the need to stress to clients that it is vitally important for them to provide complete and accurate information about how their injury occurred and what physical complaints they have from the injury.

In a nutshell, a client was injured when a co-worker ran over the back of her foot with a cart weighing approximately 250 pounds. The impact caused the client to fall forward onto her knee and caused her to have a severely sprained ankle.

When providing an account of the accident to the employer, the client did not report falling onto her knee and only reported that the cart had run over the back of her foot. Similarly, when she was referred to the company doctor for treatment, she did not fully explain what had taken place.

At the time, this was not an issue, as it seemed that the injury was isolated to her ankle. As her ankle pain began to get a little better, the client became aware of knee pain. She reported this to the doctor, but did not place any emphasis on it. No examination or treatment was ever provided for the knee, even though it continued to be painful.

Ultimately, the client was released from care and was advised to return to work without restrictions. At the time she was released, she continued to have some pain in both her ankle and knee.

Upon returning to work, the client found that her knee was becoming more and more painful because she had to use it to do her job. When she requested treatment for the knee, her company refused, stating that they had no record of her knee having been injured. They questioned the relationship between the accident and the knee pain she was having.

Although I believe we will be successful in getting this client the care she needs for her knee as a result of her
having mentioned her knee pain, this experience reinforces the need to be detailed when describing an accident and when describing the injuries suffered due to the accident. It is important to tell the medical providers of every complaint you have following the accident so that there is no issue about whether the accident caused a certain complaint.

For more specific information about how you should deal with doctors and medical providers that are treating you, please see our "Dealing With Doctors and Other Healthcare Providers" library article.

Q: Should An Injury Victim Give A Recorded Statement? A: No! arm Yourself ...

james@schmidroswold.com (Blog Author)24751 — Sat, 09 Jan 2010 08:00:00 EST

INJURY VICTIMS BE WARNED ...

ITS THIS SIMPLE: Do do one thing, do a lot of it, get REALLY good at it!!!
Insurance company adjusters and their attorneys minimize and destroy claims, every minute, every hour, every day, every week, every month ... well, you get the point. The insurance company adjusters and their attorneys are professional claim minimizers and destroyers and their tactics are almost unlimited, starting with the recorded statement.

How do you protect yourself? Arm yourself with the information in this series of articles and videos ...

Car Crash Injury Victim: The Reality Of The Situation
Car Accident Victims: What You Don't Know CAN Hurt You
Delay Deny & Defend: Are These Truly Insurance Co. Tactics?
Should I Give A Recorded Statement To The Automobile Insurance Company?
What To Do Immediately Following A Motor Vehicle Accident

Carbon Monoxide Detectors: They May Save Your Child's Life!

heather@roswoldlawgroup.com (Blog Author)24599 — Wed, 06 Jan 2010 08:00:00 EST

After responding to a 911 call in which 3 victims were taken to an Overland Park hospital with carbon monoxide poisoning, firefighters urged individuals to use carbon monoxide detectors in their homes.

Carbon monoxide detectors can warn homeowners when carbon monoxide starts to build up in the air. These simple, affordable devices can save your family's life. Carbon monoxide poisoning can be dangerous, especially to infants and children who may experience more severe symptoms than adults.

Installing carbon monoxide detectors is just one step you can take to prevent carbon monoxide poisoning. Learn what other precautions you can take to prevent carbon monoxide poisoning in your home and keep your children safe.

You should also be aware of the symptoms of carbon monoxide poisoning and seek immediate treatment if you suspect carbon monoxide poisoning. Unfortunately, carbon monoxide poisoning can often be confused with the flu because the symptoms are similar including nausea and vomiting.

New Years Excitement: Underage Drinking

mark@schmidroswold.com (Blog Author)24591 — Wed, 06 Jan 2010 08:00:00 EST

After a very quiet New Years eve celebration with friends, the new year got off to an unexpected start as I learned from a family friend that their teenager had been detained by the police at a party and had received a minor in possession/consumption of alcohol ticket.
The details of how this all transpired were very typical:

Teenagers were having a New Year’s Eve party;
Kids brought alcohol to the party in pop or water bottles;
The homeowner where the party was held apparently did not take steps to prevent the teenage party goers from drinking;
Neighbors apparently called the police when party goers began shooting off fireworks;
The police responded to the home and observed a young person run back into the home in response to their arrival;
The police were let into the home by the homeowner and the police began questioning kids and handing out tickets to those they believed had consumed alcohol;
Questionable techniques and tests were used by the police in conducting their investigation.

Underage drinking is a huge health problem today in our high schools and colleges. Kids who drink are more likely to be involved in alcohol related auto accidents, to have serious school related problems; to have future problems with alcohol abuse and to be victims of crime. In addition, the legal consequences and costs of an alcohol related conviction are significant, including a loss of driving privileges.
The scope of the underage drinking problem, the considerations involved in hosting a party for your teenager and the legal consequences of a minor in possession/consumption conviction are all discussed in the child injury section of our website. Please take a look for more information.

ICE COVERED ROADS IN THE KANSAS CITY METRO AREA LEAD TO NUMEROUS RUSH HOUR CRASHES

heather@roswoldlawgroup.com (Blog Author)24434 — Mon, 04 Jan 2010 08:00:00 EST

This morning, the Kansas City Star reported that icy, snow-packed road conditions led to multiple car accidents during rush hour. There was a multi-vehicle collision on S I-435 involving at least four cars. Other accidents were also reported on S I-35 at I-635, S I-35 past W 95th Street, W I-435 to US 69, N US 69 past I-435, and W I-70 past MO-7 involving lane closings and requiring traveling vehicles to stop.

Inclement weather often brings about headaches for motorists. Rush hour causes its own problems. Combined, inclement weather and rush hour can be very dangerous and drivers should be extra cautious on their way to and from work.

It is important to be prepared if you are involved in a motor vehicle accident or get stranded in bad weather. You should keep a winter weather survival kit in your vehicle at all times. Ice and snow make driving difficult and often dangerous. Simple precautions can be taken to ensure safer traveling, though, such as allowing extra time to get to your destination and waiting for the snow plows and ice trucks to make their rounds.

If you or a loved one has been seriously injured in a motor vehicle collision, you can find answers to many of your most pressing questions on our website. You can also protect yourself by downloading our FREE book, "10 Essential Steps You Must Take To Protect Your Injury Claim, How You Can Escape The Personal Injury Trap, The Ultimate Guide to Personal Injury Cases in Missouri and Kansas." For more information, use our "Just Ask" feature, live chat, or call for your FREE consultation with no obligation. Contact Roswold Law Group at 816-471-5111.

CONCUSSIONS ARE SERIOUS INJURIES

Wed, 30 Dec 2009 08:00:00 EST

Why Is It So Hard For People To Understand That Concussions Are Serious Injuries?

At the outset, let me say that we do not know whether the allegations made this week against Texas Tech football coach, Mike Leach regarding his treatment of player Adam James, following James suffering a concussion in practice. Having said that, regardless of the details of this situation, there continues to be the troubling indication that coaches are still having a hard time accepting that concussions are serious injuries.

By definition, a concussion results from a blow to the head causing an alteration in brain function, including a change of mental status and level of consciousness. Although concussions involving a brief loss of consciousness with a quick return to normal alertness may typically be referred to as “minor” head injuries, such “minor” head injuries have the very real potential to result in serious consequences.

One of the most common consequences of a “minor” traumatic brain injury is postconcussion syndrome. The symptoms of postconcussion syndrome are dizziness, headache, faulty memory, irritability, impaired concentration, and lack of energy. These symptoms may be present at the time of the injury or show up even weeks later. A young person who returns to play too soon risks developing or aggravating postconcussion syndrome.

Similarly, a young person who returns to activity too soon and receives a second concussion before symptoms from the other have healed, may be at risk for developing a condition called second impact syndrome in which the brain swells catastrophically after even a mild blow, with debilitating or deadly results.

Coaches, parents and others in authority need to get with it and understand that there is really nothing “minor” about concussions.

Tort Reform's Devastating Impact On Injury Victims

james@schmidroswold.com (Blog Author)24191 — Tue, 29 Dec 2009 08:00:00 EST

WHICH HURTS WORSE, THE MEDICAL MALPRACTICE INJURY OR THE TORT REFORM THAT DAMAGES YOUR RIGHT OT RECOVER FOR YOUR INJURIES???

Medical malpractice victims are victimized twice. First, when they incur a serious injury due to medical negligence and second, when they find out they have been thrown into a combat zone and their entitlement to recover for their injuries and damages has been severely restricted due to tort reform! Tort reform has a devastating impact on victims of serious injury due to medical negligence. Tort reform is the war being waged, with millions spent by the insurance industry to prejudice people against those who pursue a claim for their injuries. The purpose is to limit an injury victim's ability be fairly compensated. This propaganda battle has poisoning jurors, leading insurance companies to refuse to offer fair compensation until you prove you are ready, willing and able to go to trial. This battle can still be won! Download our FREE book, The Truth About Medical Malpractice Claims - The Ultimate Guide to Medical Malpractice Cases In Missouri and Kansas, which exposes the incredible amount of false information out there and provides medical malpractice victims with important information about medical malpractice claims before they hire an attorney.

Post Traumatic Stress Disorder Linked to Motor Vehicle Accidents

heather@roswoldlawgroup.com (Blog Author)24149 — Tue, 29 Dec 2009 08:00:00 EST

Automobile accidents found to be the leading cause of post traumatic stress disorder (PTSD) according to “After the Crash: Assessment and Treatment of Motor Vehicle Accident Survivors.” That may come as a surprise because we generally focus on the physical damages we sustain following a motor vehicle collision such as broken bones, cuts, and concussions. However, PTSD is a serious condition. It can arise after experiencing a traumatic event involving serious physical injuries or the threat of serious injuries.

The problem with PTSD is that it may be difficult to diagnose. Symptoms often do not appear right away. In fact, research has shown that PTSD was common in individuals examined a year after a experiencing a traumatic injury. Unfortunately, serious injuries can have life long consequences on an individual’s mental health.

It is important to recognize the symptoms of PTSD and the dangers of letting the condition go untreated, please read our article to get better educated on this disorder.

Expansion of Texting While Driving Ban

james@schmidroswold.com (Blog Author)24138 — Tue, 29 Dec 2009 08:00:00 EST

As of earlier this year texting while driving is illegal for anyone under the age of 21. A new bill has now been introduced in response to controversy over the unfair and difficult to enforce aspect of a law banning only younger drivers from texting. New research clearly shows that the texting while driving ban implemented elsewhere appears to be reducing texting by drivers, studies have shown a 70% overall decrease in texting while driving.

In an effort to improve safety on our roadways, national legislative and communications campaigns are being launched to reduce distracted driving, including texting while driving. Texting while driving has become an epidemic and is causing an outbreak of tragic injuries due to auto accidents, not just in the younger population. Therefore, expansion of the texting while driving ban will be an improvement for the safety and welfare of all. Read the entire article on our website: http://www.kansascityaccidentinjuryattorneys.com/library/missouri-kansas-city-texting-while-driving-accident-injury-lawyers.cfm.

Roswold Law Group is passionate about educating the public about the dangers of texting while driving. We are equally passionate about recovering compensation for those injured due to the negligence of distracted drivers. For more information call out office at 816-471-5111.

Fatality Car Crashes Are Down in Missouri

heather@roswoldlawgroup.com (Blog Author)24058 — Mon, 28 Dec 2009 08:00:00 EST

The holidays bring families together and that often requires traveling. Bad weather, trying to drive that extra one hour without stopping for a nap, and drinking may all contribute to less than ideal traveling conditions. As such, the holidays also bring about a high number of fatality auto accidents.

There is good news, though. Although there was no shortage in fatal car wrecks this holiday season, according to the Associated Press the total number of fatality accidents in Missouri has declined significantly in 2009. In fact, Missouri saw a 10 percent decrease in fatality crashes this year. The Missouri Department of Transportation has reported that fatality accidents have decreased every year since 2006.

Although we do not know what has contributed to the steady decline in statewide accidents in Missouri, it is speculated that road construction and stricter seat-belt laws have contributed to the decline. Whatever the reason, it is important to note that good driving habits should be practiced all year long, especially over the holidays when more people are on the road and in the winter when snow and ice cause additional problems for travelers.

If you've been seriously injured, protect your well being first and then your rights. The experienced attorneys at Roswold Law Group bring decades of personal injury experience successfully fighting for clients against major corporations and insurance companies. Let us handle all of the details while you concentrate on what is most important - your recovery. For more information or for your FREE consultation with no obligation, please contact Roswold Law Group at 816-471-5111 or by clicking "Just Ask".

Semi Loses Control on 71 Highway, Three Injured

Thu, 11 Mar 2010 08:00:00 EST

71 Highway near Belton, Missouri was the scene of an accident involving a semi truck and several cars on Tuesday afternoon. The truck driver, traveling southbound on 71 Highway, lost control of his tractor-trailer crossing over to the northbound lanes and hitting several vehicles. One car was pinned beneath the trailer and was pushed across the median.

Rescue crews were called to the scene to help extricate people from their vehicles. Both northbound and southbound lanes of 71 Highway near Highway 58 were closed while crews removed debris from the area. A life flight helicopter was also called to the scene. Three people were taken to area hospitals, one with moderate to serious injuries and two with minor to moderate injuries.

There has been no determination as to why the truck driver lost control of his vehicle.

If you would like more information on Missouri and Kansas trucking accidents including common causes and an understanding of why semi truck accidents are different from other vehicles, please feel free to browse through our Kansas City tractor trailer accident library and frequently asked questions.

HIgh Speed Chase Ends in Two Arrests and Vast Property Damage

Wed, 10 Mar 2010 08:00:00 EST

Around 5:00 p.m. Monday, police, making a stop for a routine traffic violation, were led on a high speed car chase. The chase began at Barry Road and Indiana Avenue. The driver was in a stolen red Jeep and was also wanted for felony warrants in Kansas and Missouri. The chase led police along 153 highway, travelling in both the eastbound and westbound lanes. The driver then cut through several residential neighborhoods, driving through yards and plowing down fences in an effort to elude police.

Because of the time of day and traffic congestion, police stopped their pursuit by car and followed the Jeep by police helicopter. The driver fled on I-29 and I-635, at times heading straight through oncoming traffic on the wrong side of the interstates at speeds in excess of 90 mph. Film footage of the incident shows items being thrown from the Jeep. A witness later found a make-up bag containing what she believed to be drugs and drug paraphernalia.

The driver made his way into Kansas and eventually abandoned his vehicle at 30th and Brown in Kansas City, KS. The woman was immediately arrested and the driver ran into a burned out building where he was later arrested.

The Kansas City auto accident attorneys at Roswold Law Group is grateful that no injuries were reported. Hopefully we won't hear of any similar news stories in the near future.

Crash Shuts Down Southbound I-35 Near Downtown Kansas City

Wed, 10 Mar 2010 08:00:00 EST

A crash on southbound I-35 at 20th Street shut down traffic for about 2 hours Tuesday morning around 11:45. A car and a tractor-trailer collided pinning the car under the truck. Officials at the scene reported that there were non-life threatening injuries to two adults and a child.

To learn more about what contributes to tractor-trailer accidents, browse our site. You will find Kansas and Missouri trucking accident library articles and answers to frequently asked questions regarding Kansas City tractor-trailer accidents.

The Kansas City trucking accident attorneys at Roswold Law Group want to keep you informed about the dangers presented with semi truck accidents due to factors such as their size and weight.

Several crashes make a deadly weekend on Kansas City's I-70

Mon, 08 Mar 2010 08:00:00 EST

Two people were killed and two more were seriously injured in a series of car crashes that took place on Kansas City’s I-70.

The accidents occurred early on the morning of March 7.

One person died around 3:30 a.m. when a car crashed and burst into flames on eastbound I-70 near the I-435 exit. The victim was pronounced dead at the scene.

A second crash occurred at about the same time on I-70 and Adams Dairy Parkway. A driver lost control pick-up truck that was pulling a trailer. The truck turned on its side and the driver sustained serious injuries.

A 25-year-old woman stopped to help the victim, but she was hit by another vehicle. She was also seriously injured. Both victims were taken to a local hospital.

A third crash occurred around 4am near Turner High School. A car overturned and a female passenger was thrown from the vehicle. She was pronounced dead at the scene. The driver and several other passengers were taken to the hospital for treatment of their injuries. The injuries were not life-threatening.

On Saturday morning, three people including a child were injured when a 2002 Jeep went off the roadway and hit a guard rail.

The Roswold Law Group represents victims of traffic accidents in Missouri and Kansas. Contact us to learn how we can help you get fair compensation for your injuries.

Overnight Auto Accidents Kill 2, Injure 2

Mon, 08 Mar 2010 08:00:00 EST

I-70 was the scene of two accidents in the early morning hours on Sunday. Around 3:00 a.m. a crash along eastbound I-70 near the I-435 exit shut down I-70 while clean-up crews attended to the collision. The crash caused the vehicle to catch fire and left the driver dead at the scene. The driver's name has not been released, nor has there been a report as to what caused the accident.

Around that same time, a driver of a pickup truck pulling a trailer along I-70 and Adams Dairy Parkway lost control causing the truck and trailer to flip on its side seriously injuring the driver. A woman, Jessica Shull, 25, who witnessed the accident, left her vehicle to help the driver and was struck by another vehicle in the process. She was also seriously injured at the scene and taken to an area hospital.

In Kansas City Kansas a third wreck occurred near Turner High School when a car crashed and overturned. One person, a woman, was thrown from the vehicle and sustained fatal injuries. The driver and other passengers were taken to an area hospital for non-life threatening injuries.

The Kansas City Auto Accident Attorneys at Roswold Law Group express our deepest sympathies for all involved and the families that were left behind.

Missouri Area Man is Killed in Tractor Trailer Accident

Sat, 06 Mar 2010 08:00:00 EST

At the busy intersection of Division and Kansas Expressway in north Springfield, a 42-year-old man, Edward Kropf, was killed after colliding with a tractor trailer. Mr. Kropf's twin brother Edwin, the driver of the vehicle, was critically injured in the accident. Neither brother was wearing a seat belt.

Edwin Kropf was driving east on Division when he ran through a red light at the intersection of the Kansas Expressway. The driver of the 1997 Volvo tractor trailer, Mr. Christopher M. Doyle, was traveling north on Kansas Expressway/Route 13 when the accident occurred. Mr. Doyle tried to avoid the collision, but was unable to do so and struck the Dodge pickup pinning it between the semi and a delivery truck carrying windows. The right side of the Dodge pickup was completely caved in during the impact.

With the pickup sandwiched between the semi truck and the delivery truck and fuel leaking, rescue efforts were extremely difficult. Rescuers eventually were able to extract both victims from the pickup. Broken glass, fuel and debris littering the highway caused the intersection to be closed until after 6:00 p.m.

Another car was clipped during the incident, but there were no other injuries.

The Kansas City Trucking Accident Attorneys at Roswold Law Group understand the tremendous difficulties associated with trucking accident cases. Trucking accidents are different than other motor vehicle accident s . If you live in Missouri and Kansas, find out what you should do after being involved in a trucking accident.

9-Year-Old Girl Killed by School Bus in Kansas City Kansas

Sat, 06 Mar 2010 08:00:00 EST

Thursday morning a tragic accident occurred in Kansas City, Kansas at the intersection of 66th Street and Parkview Avenue. A 9-year-old girl and her younger sister were waiting for the school bus when the 9-year-old was struck and killed. According to witnesses the bus driver hit a stop sign at the intersection, was continuing on, not realizing he had hit the child, until another child riding on the bus alerted the driver. Students were moved to another bus and taken to school following the accident. The driver is on paid leave pending an investigation into the incident.

The victim's mother was nearby when the accident occurred. The 9-year-old attended John F. Kennedy Elementary School where the Kansas City Kansas School District has put a crisis team in place to help the children.

Residents reported that the area has always been ripe for an accident as the streets are narrow, with no sidewalks and buses come through the area too fast.

Olathe Teen on Bicycle Struck by Truck

Sat, 06 Mar 2010 08:00:00 EST

A 13-year-old Olathe boy was riding his bike early Thursday morning when he was struck by a pickup truck. The boy was riding his bike across Blackbob Road at 139th Street when the driver of a pickup truck turning right from 139th Street hit the boy. According to police, the driver was not ticketed because he was unable to see the boy due to the sun being in the driver's eyes.

The child was taken to an area hospital and treated for cuts and bruises.

The intersection was formerly monitored by crossing guards provided by the Olathe School District. Those crossing guards, however, were removed this year due to budget constraints.

Firearms In The Homes of Children

Fri, 05 Mar 2010 08:00:00 EST

Tragically, another child was killed by an accidental gun shooting. In Deerfield Beach, Florida, an 11-year old boy was accidentally shot and killed by his brother who was only 10 years old.

The two boys were asked by their father to go fetch his coat from his pickup truck. Upon entering the vehicle, the younger brother stumbled across a gun, and the little boy accidentally fired the gun at his older brother's face.

When the shooting occurred, the father was nearby inside his apartment. The father had passed the necessary background checks to be registered with a concealed weapons permit. Child protection services have investigated and determined that the father should not be held negligient for the death of his son, and the Department of Child & Family Services deemed it safe for his other two children to continue living with him; however, investigation is still pending.

Missouri officials stress the importance of educating children on how to handle an incident where a gun is present, and understand the fatal effects of mishandling guns. Here are some steps for parents to follow:

Keep firearms and ammunition locked up.
Keep firearms unloaded & out of children's reach.
Use the lock feature on your gun.
Explain to your child the difference between a toy gun and a real gun. The NRA reports that children may not distinguish the difference between real life death by firearm, and death by firearms in television, movies or in video games.

Consider enrolling your child in firearm safety lessons.
Allow your child to ask questions about guns to remove any dangerous curiousity from their minds.
If your child wants to go to another home to visit with friends, talk to the parents first about their firearms situation & make sure there are safety measures in place to protect your own child.

The Missouri Department of Social Services reports that about 500 children perish annually from accidental shootings. The majority of those incidents were caused by handguns. Also the majority of those deaths were of boys, not girls. Parents should be aware that most deaths occur at home, unsupervised, and when school is not in session.

At Roswold Law Group, we help the victims of child injury and we know the tremendous difficulties presented by this situation. We are committed to helping children who have experienced a child injury get back on their feet and get the justice and compensation they deserve. Contact our Kansas City based lawyers who are dedicated to fighting for the rights of children. We pride ourselves on a proven track record of results. At Roswold Law Group, children come FIRST.

Liquid Detergent Capsules Could Cause Permanent Eye Injury

Fri, 05 Mar 2010 08:00:00 EST

The seemingly unimportant liquid capsules that contain fabric detergents are now being identified and considered dangerous by eye doctors from several different nations. When young children get ahold of these capsules and play with them, they run the risk of accidentally breaking one and squirting the liquid in their eyes.

What's in this liquid that is so dangerous? The liquid detergent contains a water-soluble solution known as polyvinyl alcohol membrane, anionic detergetns, non-ionic detergents, and a cationic surfactant (which dissolves in water to make the solution more alkaline). All of these solutions have the power to cause damage to the human eye, especially when combined. Alkaline laced solutions are the most dangerous types of chemicals to the eye, and can even result in irreversible damage and a lifetime of discomfort, scar tissue, and even amblyopia (commonly called lazy eye).

Here are the facts. Last year it was estimated that these liquid capsules accounted for up to 40% of chemical burns to the eye in children under the age of five(5). One poison unit, "Guy's and St. Thomas'" reported that in 2006, they received 225 emergency calls regarding misuse of the capsules. In 2007, that same unit received approximately 192 emergency calls.

Manufacturers are considering placing warning labels on this detergent, but it should still be kept well out of the reach of young children in order to prevent irreversible injury.

For the most part, recent corneal burns have not proven to be severe; however, one was actually reported to have caused a child severe burning that necessitated "occular irrigation" or considerable flushing of the eye in order to wash out the chemical. This technique can only be performed in emergency room settings, and the actual burning sensation results in painful burns on the cornea.

At Roswold Law Group, Kansas City Child Injury Attorneys can help the victims of child injury and we know the tremendous difficulties that a situation like this can present. We are committed to helping the victims of child injury get back on their feet and get the justice and compensation they deserve. Contact our Kansas City based lawyers who are dedicated to fighting for the rights of children. We pride ourselves on a proven track record of results. At Roswold Law Group, children come FIRST.

Kansas City girl killed by school bus

Thu, 04 Mar 2010 08:00:00 EST

A young girl was fatally injured when she was struck by a school bus while she was waiting at the bus stop to go to school.

The accident occurred at 8:30 am on Thursday, March 4. The nine-year-old was waiting at the bus stop in a northern Kansas City, Kansas neighborhood when she was struck by a bus bound for John F. Kennedy Elementary School. According to police, the girl died at the scene. Her sister witnessed the accident.

The children were put on another bus and taken to school. No further details have been released. The accident is under investigation.

Last year, 17 children died nationwide while waiting to board a school bus or while getting on or off a bus. There have been six such deaths in Missouri since 2002. Drivers are trained to stop at least ten feet from waiting children.

Every child death is a tragedy for the families involved. The pain parents go through is unimaginable. The attorneys at the Roswold Law Group understand that it takes time for parents to cope with the loss of a child. However, depending on circumstances, there may be time limitations for seeking damages. Insurance companies will take advantage of these limitations.

If you have lost a loved, the Roswold Law Group can help. We represent your interests and can deal with the insurance companies on your behalf so your family can focus in recovering. Contact our child injury lawyers at 888-348-2616 for a free consultation.

Top 20 Kansas City Missouri Crash Sites

Wed, 03 Mar 2010 08:00:00 EST

The Kansas City, Missouri Police department recently released a list of the top 20 crash sites in 2009 for the Kansas City Missouri metro area. At the top of the list is the intersection of I-435 and I-70 with 107 crashes, followed by I-435 and Front Street with 75 Kansas City auto accidents. Of the twenty listed areas in Kansas City, Missouri only one crash site, 5th and Broadway, did not involve a highway.

High Speed Car Chase Ends in Arrest

Wed, 03 Mar 2010 08:00:00 EST

Kansas City Missouri police attempted to pull over a driver at 41st Street and Wayne early Monday morning. The driver took police on a high speed car chase trying to elude the officers. The chase crossed over the state line into Kansas City Kansas where the driver and two passengers were eventually caught. The police used "stop sticks" to flatten the drivers tires, ending the chase at Genessee Street and I-670. The driver was arrested and the two passengers were released. No one was hurt in the incident.

Indictment...As Many as 100 Children Molested By Delaware Pediatrician

Sun, 28 Feb 2010 08:00:00 EST

On February 20th, a Delaware grand jury indicted a pediatrician accused of serial child molestation. The grand jury charges Dr. Earl Bradley with more than 400 counts of criminal conduct. Bradley was arrested in December and initially charged with 29 felony counts involving the abuse of 9 children, but prosecutors say there could be as many as 100 victims of child molestation. Investigators say Bradley videotaped some of his attacks and, some occurring in examination rooms that are decorated with Disney themes. Some of the alleged victims of child molestation are as young as 6 months of age. Bail has been set at $2.9 million and his medical license has been permanently revoked.

The indictment was preceded by years of suspicion by parents and questions of odd behavior by associates. Bradley was finally arrested after a 2-year-old female child told her mother that Bradley in December took her to a basement room following her exam and hurt her.The case has come as a shock to Lewes, a small coastal town, and the inland Delaware town of Milford. Bradley closed his office in 2005 following a police investigation.Reviews have been ordered to investigate whether doctors, hospitals, state agencies or law enforcement authorities were negligent in failing to comply with a state law 30 day in writing reporting requirement of all such entities to the medical licensing board if they believe a doctor is or "may be" guilty of unprofessional conduct.

City Manager Names Wost Street in Kansas City, Missouri

Sat, 27 Feb 2010 08:00:00 EST

City Manager of Kansas City, Missouri, Troy Schulte names Wornall Road as one of the worst roads in the city. The good news? Wornall Road is slated for a major repair project that will start this summer. The bad news? The project may be delayed indefintely due to pothole repairs that are needed on Kansas City's streets due to the harsh winter.

During City budget hearings on Thursday, KMBC News reported that budget chief, Mark Thoma-Perry, said when asked about the pothole situation in Kansas City, "The winter has had a devastating effect us. Some streets are so bad, we have to shift funds."

The condition of Wornall road is simply frighteneing. Curbs are deteriorating with large chunks of concrete littering the roadway. The foundation of the road has worn out due to the heavy traffic and many utility cuts. Unfortunately, this type of street is very prone to Kansas City automobile accidents. Drivers trying to avoid pothole and debris in the roadway are much more likely be involved in an accident.

The city plans to do around 115 miles of road repair this summer, but during the budget hearings officials indicated that this is less than half of the road work that needs to be done by the city.

Kansas City, Missouri Fires Up Click It or Ticket Campaign

Sat, 27 Feb 2010 08:00:00 EST

Starting Thursday, February 25th, Kansas City, Missouri will fire up the "Click It or Ticket" campaign to encourage seat belt use to prevent devastating injuries to Missouri motorists. Around one in four Missouri drivers do not wear seat belts and only 77% of Missourians buckle up regularly - 7% less than the national average.

The statistics are startling. Of the 40 drivers and passengers that were killed in Kansas City traffic accidents only 7 were wearing seat belts and 10 of the 40 were ejected from the vehicle during the crash. Statewide, the statistics do not improve. In 2008, 489 Missourians killed in traffic accidents were not buckled up.

The Click It or Ticket campaign is sponsored by the National Highway Traffic Safety Administration (NHTSA) and since 1991, observed seat belt use has risen to 82% nationally. Local law enforcement agencies are teaming up hoping to increase the number of motorists using seat belts in Missouri. It is also extremely important to buckle up your children and to use the proper restraint for their size and age.

Hot Dogs As Choking Hazards: Its Not a Joke

Thu, 25 Feb 2010 08:00:00 EST

It's a well-known fact and common household hazard that is overlooked far too often. Hot dogs are a easy fix for kids, but do you remind your child to be careful and to chew completely before swallowing? Every year, The American Hot Dog and Sausage Council reports that Americans will consume 20 billion hot dogs. But this year, a lot of Americans did not want to take the American Academy of Pediatrics seriously when they took it upon the organization to recommend to hot dog producers a warning label.

A warning label on hot dogs would serve as a reminder to parents before serving. They could talk to their children about how to chew fully. Explain why one cannot swallow food and breath at the same time. And even remind their children that the slippery nature of this lunchmeat could quickly slide into and lodge itself in the esophagus.

Nancy Shute, a U.S. News Contributor, has also taken this proposition seriously and considers it an important preventive measure. Shute believes that it is more likely than not that the majority of parents have experienced that moment of terror when they watch their child turn a little blue and signal that something has gone down the "wrong pipe."

Present statistics on causes to child injury and death suggest that choking is actually a major factor influencing children. Shockingly, about 17,000 children will be rushed to the emergency room every year for choking accidents. Of those 17,000 accidents, approximately sixty-percent of choking was actually attributed to food-related causes.

What's worse, as many as seventy-seven and as little as sixty-six children, all under the age of ten, will die this year due to choking accidents. It is not uncommon to hear of hot dogs being associated with those choking accidents, and unfortunately, it makes sense. The round shape and slick texture of the hot dog make it dangerously easy for it to become stuck in the back of a throat.

At Roswold Law Group, we help the victims of child injury and child abuse and we know the enormous difficulties presented by this situation. We want to see children get back on their feet after a child injury situation and get the justice and compensation they deserve. Contact our experienced Kansas City-based lawyers who are dedicated to fighting for the rights of children. We pride ourselves on a proven track record of results in child injury cases. At Roswold Law Group, childre come FIRST.

Toyota President to Speak Before Congress

Wed, 24 Feb 2010 08:00:00 EST

Toyota president, Akio Toyoda will speak before Congress today. He will discuss the safety issues plaguing Toyota vehicles. Yesterday, a hearing occurred between Congress and James Lentz, head of sales for Toyota in which he advised Congress that he is not certain whether the current recalls would solve the safety problems.

Toyoda plans to read from a prepared speech that address quality control, the reason for the recalls, and a public apology.

Congress members think Toyota should consider whether there are electronic glitches contributing to Toyota and Lexus acceleration problems. The vehicles are being referred to as "runaway," which justifiably creates safety concerns for any Toyota or Lexus owner.

Ray LaHood, Transportation Secretary, testified that the National Highway Transporation Safety Assocation will "do a complete review of the electronics" and will discover whether problems with the electronic systems are causing the accelerator problems.

Read more on the story.

Child Killed in I-70 Crash

Mon, 22 Feb 2010 08:00:00 EST

Poor weather conditions contributed to an accident on I-70 near I-635 on Sunday just after 2:00 p.m. Authorities say the 40-year-old driver lost control of his SUV on slick roads and struck a guard rail.

Three children, ages 8, 10 and 12 were all ejected from the vehicle while two other children remained inside the 2003 Ford Expedition. All five children were taken to Children's Mercy Hospital for treatment. The 8-year-old child later died at Children's Mercy Hospital from her injuries.

None of the three children ejected from the vehicle were wearing seat belts. The 34-year-old wife of the driver was also transported. Injury updates were unavailable Monday morning.

Diabetes drug Avandia linked to Kansas City heart attacks

Sun, 21 Feb 2010 08:00:00 EST

A new report by the Senate Finance Committee states that the diabetes drug Avandia has been linked with tens of thousands of heart attacks and that its maker, GlaxoSmithKline, knew of the danger but has worked to keep this information from the public.

The 344-page report also criticized the Food and Drug Administration (FDA) for overriding safety concerns found by staff members.

GlaxoSmithKline denies that there is any danger from the drug.

The Senate report was developed over two years by investigators who looked at documents from GlaxoSmithKline, the FDA and anonymous whistle blowers. According to the report, FDA scientists estimated that as of July 2007, Avandia was associated with approximately 83,000 heart attacks.

Committee investigators say that an outside study existed that showed the risk, but GlaxoSmithKline publically denounced these findings as false. FDA researchers also wrote “There is strong evidence that rosiglitazone [Avandia] confers an increased risk of [heart attacks] and heart failure compared to pioglitazone [a rival drug].”

Avandia has been under scrutiny by the medical community for several years. Both The New England Journal of Medicine and The Journal of the American Medical Association have questioned the safety of Avandia.

The Senate report did not make a recommendation about whether Avandia should stay on the market.

If you have suffered a heart attack after taking Avandia, call the Kansas City dangerous drugs and medical malpractice attorneys at the Roswold Law Group.

Kansas Texting While Driving Ban

Thu, 18 Feb 2010 08:00:00 EST

The Kansas State Senate has approved a bill that would make texting while driving a crime in Kansas. The bill would make it a traffic infraction for the first offense for drivers caught texting while driving. The bill would also prevent the use of Personal Digital Assistants (PDAs), cell phones, laptop computers and other similar devices while driving.

Exceptions would be made for reporting criminal activity or checking for weather conditions or traffic hazards. The bill has been sent to the floor for debate.

The Kansas Highway Patrol supports this bill.

CPSC Warns Children's Products Manufacturers

Thu, 18 Feb 2010 08:00:00 EST

Inez Tenenbaum, chairman for the US Consumer Product Safety Commission (CPSC) issued a strong warning to children's products manufacturers advising them that they need to make safety a number one priority or face consequences. She stated, "If you resist our efforts to recall children's products, be forewarned: This commission stands ready to be creative in the use of our enforcement authorities."

According to the Kansas City Star, it was her strongest warning since taking over as chairman. She went on to say that the CPSC was given new powers in 2008, "and we are not afraid to use them." Congress had recently questioned delays in public awareness involving recalls including the 6 month delay in recalling over 2 million Stork Craft drop-side cribs. A defect in the crib could cause the drop-side to become detached creating a space between the drop-side and the mattress causing suffocation, which has been linked to four infant deaths.

Tenenbaum promised to impose new crib safety rules, which she hopes to accomplish by the end of 2010. The crib safety guidelines have not been amended in more than 25 years.

Click the links for a list of the most recent infant and child product recalls and infant and child toy recalls.

If your child has suffered an injury due to an unsafe product, call the experienced attorneys at Roswold Law Group. If you have questions, please feel free to contact us.

Review of Surgical Care Provided to the Late Congressman John Murtha

Thu, 18 Feb 2010 08:00:00 EST

The National Naval Medical Center Opens a Review of the
Surgical Care Provided to the Late Congressman John Murtha

CNN reported on February 17, 2010 that the National Naval Medical Center has opened an inquiry into the surgical care provided to the late Congressman John Murtha in connection with a laparoscopic gallbladder surgery performed on January 28, 2010. Three days after his surgery, Murtha was admitted to the intensive care unit of the hospital and he died there on February 8, 2010.

It is widely believed that during the laparoscopic gallbladder procedure, Murtha’s intestine was nicked causing a leakage of bowel contents and a resulting infection.

The review being performed is typical in cases of an unexpected death like this and is to determine if Murtha died as a result of a preventable surgical error. Typically, this would include a “mortality and morbidity conference” involving caregivers and other hospital officials to review exactly what happened; a “quality assurance investigation” by medical experts not involved in the matter and a review by the hospital’s patient safety committee.

It is reported that as many as 500,000 laparoscopic minimally invasive gallbladder surgeries are performed each year in the United States, with relatively few complications. Injury to the bowel is thought to be rare and the American College of Surgeons indicates that death as a result of such surgery occurs in approximately 1 out of every 1,000 patients.

Blue Springs Man Sustains Serious Injuries After Wrecking Motorcycle

Wed, 17 Feb 2010 08:00:00 EST

The Kansas City Star reported that Blue Springs resident, Zachary Reznak, 22 years old, lost control of his motorcylce on southbound I-470. Authorities stated that he was weaving in and out of traffic ultimately losing control of his bike wen he attempted to exit off of the interstate.

Reznak was thrown from his motorcycle landing off the road causing him to suffer serious injuries. He was transported to Centerpoint Medical Center for treatment of his injuries.

Motorcyle accidents can be devastating. We wish Mr. Reznak a speedy recovery. If you have been involved in a motorcycle accident and have questions such as who is responsible for your medical bills, browse through our frequently asked questions for answers.

Teen Arrested After Rock Throwing Incident

Wed, 17 Feb 2010 08:00:00 EST

A Harrisonville teenager is arrested and five other teenagers may be involved in a case that caused damage to six vehicles on 71 Highway near Harrisonville. Police said the teens were throwing rocks and pieces of concrete from a bridge at motorists driving on the highway.

The actions of the teenagers caused damage to six vehicles during the January 23, 2010 incident. No injuries were reported. Investigators are also following leads to see if these incidents are related to other vandalism crimes in Harrisonville.

Five Missouri nursing homes admit to fraud and inadequate care

Mon, 15 Feb 2010 08:00:00 EST

Last month, federal prosecutors announced that Cathedral Rock, a Texas corporation that operates five Missouri nursing homes, had pled guilty to charges felony health care fraud for the corporations "failure to provide adequate care to the Medicare and Medicaid residents living in those homes."

C. Kent Harrington, the majority owner of Cathedral Rock, and the five nursing homes will pay one million dollars in criminal fines and penalties and an additional $628,000 to resolve civil allegations of submitting false and fraudulent claims to Medicare and Medicaid.

The nursing homes admitted:

• Staffing at the homes was not sufficient to provide adequate patient care.

• Wound care was not always provided at the homes.

• The residents often did not receive medication as prescribed.

• Medical records were falsified. A "charting party" was held at one of the homes to fill in medical records and make it appear that medications had been given.

• The nursing homes provided fraudulent claims to Medicare and Medicaid for services that were not provided.

Other allegations include:

• Lack of adequate and properly trained staff

• Widespread falsification of patients' medical records

• Numerous residents suffered from malnutrition, dehydration, preventable pressure sores, and side effects from not receiving medication

The nursing homes include SpringPlace Care Center, McLaran Care Center, and Cathedral Gardens Care Center in St. Louis, Oak Forest Skilled Care in Ballwin, and Blanchette Place Care Center in St. Charles.

The case was brought to the attention of the inspector general by two employees.

Discovery Kids Recall of Combustible Lamps

Sun, 14 Feb 2010 08:00:00 EST

On February 9th the United States CPSC made public the urgent recall of over 350,000 Discovery Kids Animated Marine & Safari Lamps.

The product was recalled for more than one reason. First, the lamp was reported on seven different occasions to combust. In addition to sparking and production of an open flame, the smoke that followed also posed a potential threat to personal property. Three different families have come forward with instances of damage to personal property. In one case, a young child was actually injured as a result of inhaling smoke.

To date, every fire has been traced back to the inner, printed circuit board of the lamp. The circuit board was manufactured with a defect that has the ability to cause an electrical shortage at any given moment.

These lamps are rectangular in shape and consist of a silver base and top cover along with rotating backgrounds and stationary animal figures on the front. The model number for the defective Marine Lamp is 1627121, and the model numbers for the defective Safari Lamps are 1627124 & 1628626. Another way to identify these lamps is by the logo that reads “Discovery Kids” and can be found in the upper left-hand corner of the lamp.

These lamps were made available for purchase between the months of July 2009 and January 2010. Most stores' retail price ran about ten dollars and were sold online and in-stores by a tremendous number of retailers ranging from neighborhood drug stores to very large department stores. These lamps were produced in China.

The U.S. Consumer Product Safety Commission is urging owners of this lamp to discontinue use immediately and contact the manufacturer’s website www.lamprecall.org for a complete reimbursement.

At Roswold Law Group, we help the victims of child injury and child neglect and abuse and we know the enormous difficulties presented by this situation. We want to see children get back on their feet after a child injury or child abuse situation and get the justice and compensation they deserve. Contact our experienced Kansas City based lawyers who are dedicated to fighting for the rights of children. We pride ourselves on a proven track record of results in child injury cases. At Roswold law Group, children come FIRST.

Babysitter in Chicago Fractures Nine-Month Old Infant's Skull

Sun, 14 Feb 2010 08:00:00 EST

Every parent's worst nightmare came true in Chicago on January 26th. A nine-month old little girl was found in critical condition. It is suspected that her babysitter may have harmed her to the point of fracturing her skull. As as result of this trauma, the young infant also suffered from "blood on the brain." Both medical conditions could potentially result in severe damage and developmental stunting of the young child's brain. The baby girl was immediately transported to Advocate Christ Medical Center in Oak Lawn, California. However, there is no word on her current condition.

Calumet Area detectives are pursuing the babysitter. Twenty-four year old Abagail Cihak is the primary suspect. Later in the day on Thursday, Cihak was found and charged with aggravated battery to a child.

At first, it was not clear how the infant's injury had occurred, but later officials were able to determine a probable cause of injury.

According to the American Academy of Pediatrics, 93% of infant homicides are committed by caretakers, and are typically occur as a result of irrational behavior and reactions.

At Roswold Law Group, we help the victims of child injury and child neglect and abuse and we know the enormous difficulties presented by this situation. We want to see children get back on their feet after a child injury or child abuse situation and get the justice and compensation they deserve. Contact our experienced Kansas City based lawyers who are dedicated to fighting for the rights of children. We pride ourselves on a proven track record of results in child injury cases. At Roswold Law Group, children come FIRST.

Are Swimming Lessons for Young Children Really Safe?

Sun, 14 Feb 2010 08:00:00 EST

Critics question whether or not swimming lessons for children are actually a good preventive measure or not.

Currently, many critics are concerned that parents who enroll their children in swimming lessons may actually be more inclined to drop there guard concerning the safety of their child, thereby unwittingly risking the child's safety. The question is being raised because some researchers believe that there is a chance that swimming lessons can actually serve to distance child safety from the mind of a parent, whether present at the pool or not.

How young is too young? The question primarily concerns younger children, infants and toddlers, that are being exposed to swimming techniques at an exceptionally young age because swimming lessons could actually prove counterproductive to child safety measures. Just as some teenagers have not fully developed a respect and understanding of the dangers of driving a car, it is believed that young children may also be unaware of the dangers that lurk in the deep end. Could overexposure to water make children too comfortable?

Many advocates and teachers of swimming classes disagree. They believe that communication between a young swimmer and teacher should involve extensive education of the dangers of drowning and that this can serve to make the overall situation a positive one.

At the same time, some teachers and advocates of early childhood swimming lessons do believe that parents should be more cautious around the pool, and not forget that swimming lessons by no means make a child an expert. Or as swimming safety advocate Laurie Lawrence explains, "No one is immune to drowning."

One lifeguard website, Poseidon-Tech.com, informed the public that in the year 2004 over one-fourth of children aged one to four years of age died as a result of drowning.

At Roswold Law Group, we help victims of child injury and child neglect and abuse, and we know the enormous difficulties presented by this situation. We want to see children get back on their feet after a child injury or child abuse situation and get the justice and compensation they deserve. Contact our experienced Kansas City-based child injury lawyers who are dedicated to fighting for the rights of children. We pride ourselves on a proven track record of results in child injury cases. At Roswold Law Group, children come FIRST.

Michael Jackson's Doctor Charged

Wed, 10 Feb 2010 08:00:00 EST

Dr. Conrad Murray has been charged with involuntary manslaughter in connection with administering propofol to Michael Jackson on the day he died. Propofol is a powerful sedative that is commonly used as an anesthetic.

Dr. Murray was the last doctor to treat Jackson and it is believed that there is sufficient evidence to find Murray responsible for Jackson's death. Since Murray's administration of the drug didn't break the law, the case is more complicated than one in which the drugs were administered improperly or illegally. However, there may have been a toxic mixture of drugs.

Court documents disclose that Murray told police he was gave Jackson 50 mg of Propofol nightly through an IV to help him sleep. They also indicate Murray suspected Jackson developed an addicition to propofol, and he attempted to wean him off of the drug. The documents further suggest the doctor was untruthful about the extent of his administration of the anesthetic.

"This is absolutely a slam-dunk malpractice case simply because of the alleged use of propofol," says Bill Newkirk, an L.A. medical malpractice attorney. "If the drug was indeed in his system, no competent doctor could justify why it was used. You can bet the Jackson family will be filing a civil claim soon against any doctors implicated in Jackson's medical care."

Prosecuting doctors for patient deaths can be a complicated task because it must be proven that a doctor was not only negligent, which would warrant state medical board action, potential loss of license, and a medical malpractice claim, but also that he acted well beyond the standard of care, with a high degree of negligence.

Two semi-trailers crash near Dearborn, MO

Tue, 09 Feb 2010 08:00:00 EST

The Missouri Highway Patrol reports that Interstate 29 was reduced to one lane in each direction after two tractor trailers crashed in the early morning hours of Tuesday, February 9.

The Missouri truck accident occurred at about 5:15am near mile marker 31.6 in the southbound lanes of Interstate 29. Sixty-four year old Larry Haberman of Lesterville, South Dakota was driving a 2004 Peterbilt big rig full of soda southbound when he pulled over to the side of the road to get something from his truck.

John D. Romines, 40, of Sabetha, Kansas was driving southbound in a 2007 Kenworth tanker truck full of milk. He drove onto the shoulder of the road and struck the trailer of Haberman's parked soda truck.

The tanker truck continued down the side of the parked truck and off the right side of the roadway. The truck struck a guard rail, continued down the embankment and overturned. Romine was ejected from the truck. He was taken to the hospital for treatment of moderate injuries.

Haberman felt a jolt, but he told reporters that he did not know what happened until another trucker pulled up and asked if he was ok. He was not injured. His truck spilled its load of soda across both sides of the interstate.

Neither driver was wearing a seatbelt. The cause of the semi-truck accident is under investigation.

Prius brakes: more Toyota danger to Kansas City motorists

Sun, 07 Feb 2010 08:00:00 EST

The National Highway Traffic Safety Administration (NHTSA) that will be launching a formal investigation into problems with the brakes on the Toyota Prius based on numerous customer complaints.

Over 124 complaints regarding brake problems in Toyota’s popular Prius hybrid have been filed with the NHTSA. Prius owners in Japan have also lodged complaints.

As of now, four crashes have been attributed to brake problems in the Prius. Two crashes involved injuries.

Drivers have noticed a momentarily loss in braking ability while travelling over uneven road surfaces, potholes or bumps on the roadway.

Toyota officials describe the issue as a “disconnect” in the vehicle’s complex anti-lock braking system that causes a less than one second lag. However, if a car is travelling at 60 mph, the vehicle will have travelled 90 feet before the brakes begin to work.

Toyota has known about the problem, but did not mention it to consumers until the Japanese government called for an investigation. The problem was fixed in new production vehicles and in vehicles coming off the assembly line since January.

There is no fix available to consumers at this time.

This issue is a separate problem from the sticking gas pedal recall that affected 4.2 million Toyota cars and trucks.

Kansas City drivers who have noticed a problem are urged to contact the NHTSA . If you believe that a braking problem in your vehicle caused an accident, call the Roswold Law Group for more information.

$7.5M Settlement For Wrongful Rape Conviction

Sun, 07 Feb 2010 08:00:00 EST

After being convicted for rape, spending a decade of his life in the Kansas State Penitentiary, being paroled in 1991, and living most of that decade in Kansas City as a registered sex offender, Eddie Lowery has reached a $7.5M settlement.

Lowery was exhonerated in 2002 when DNA tests showed the semen from the rape victim was not his. Last month, after a 6 year legal fight, he settled a lawsuit against the agencies involved in his arrest. Last week, a NY man was arrested and charged with the crime. Lowery's lawyers said Lowery's conviction was based solely upon a false confession. The Innocence Project, a not for profit organization that assisted in his case, says that 25% of the 225 wrongful convictions that it has documented are based based upon false confessions.

The cime
On the night of the crime, Lowery had had a party and had gone out in the early morning hours and had crashed into a parked Cadillac. Just a few blocks away, a 74 year old woman had been held a knifepoint and raped in her home. She could not provide a description of her attacker.

The interrogation
The next afternoon, Lowery was called in for questioning by the Riley Co unty police, he thought for questioning about the accident but it was about the rape. He kept telling them he was not involved, but one of the officers was convinced he was the rapist and told him he had 10 years on the force and it if took him 10 more he would prove Lowery committed the crime. He signed a waiver to search his car and home and was then questioned most of the next day as well. "I finally told them what they wanted to hear. I just repeated everything they said. They acted like they weren't going to let me go until they got something out of me," said Lowery.

Court
Lowery stood trial twice in Riley County District Court. The first ended November 1981 with a hung jury. In the second he was convicted. He was sentenced to 11 years to life in prison.

Parole
Paroled in October 1991, his past followed him to his new home in Kansas City where he now lives with his wife and children. A registered sex offender, he had to drive to the sheriff's department four times a year to have his photo taken. A local newspaper published his name and address along with other area sex offenders. He put a large plant in his yard to hide his address.

The exoneration
After he was released from prison, he began to read about DNA technology advances, seeking a way to prove his innocence. Lowery found an advocate, who was able to obtain the "rape kit" from his case in the back of an evidence vault. The Kansas Bureau of Investigation still had cloth cuttings from the victim's clothing and bedding. Tests showed that Lowery wasn't the one who left his DNA at the scene of the crime. In April 2002, Lowery was absolved of all charges in the 1981 crime.

The damages
The incarceration wrecked Lowery's relationship with his 3-year old daughter. He was dishonorably discharged from the military. After his arrest, he was only able to see his mother only twice before she died. His father died not knowing he had been exonerated for the crime. It destroyed much of his personal life.

The civil lawsuit
Lowery filed a lawsuit for lost income, humiliation, indignity, embarrassment, degradation and injury to reputation. The Innocence Project lawyers filed the case and it was settled 6 years later through mediation. Riley County Law Enforcement acknowledged that if DNA technology had been available in 1981 he might not have served a single day in prison. Now al Riley County police interrogations are videotaped. Lowery's satisfaction came when he proved his innocence. "Lowery said, "I guess my satisfaction also comes in doing my part to see that it's not happening to somebody else."

Wrongful death case filed in police shooting of Kansas City woman

Fri, 05 Feb 2010 08:00:00 EST

The son of a mentally disabled woman shot in her home by police officers has filed a wrongful death suit against the officers and the Board of Police Commissioners.

Linda Friday was fatally shot inside her Kansas City home on February 12, 2007. The suit alleges that on that day, two officers were dispatched to the home after Linda Friday called 911 and asked for an ambulance. She then hung up.

When the officers arrived, they were greeted by Mrs. Friday’s son, Jason Friday, who told the officers that she did not need an ambulance. The officers went into Linda Friday’s bedroom and she asked them to leave.

After an officer turned off her stereo, Mrs. Friday became agitated and pulled out a firearm. The officers drew their weapons and fired three times killing Mrs. Friday.

The wrongful death suit was filed in Jackson County Circuit Court on behalf of Jason Friday. The suit alleges that officers knew from previous experience that Linda Frady had mental problems, and that one of the officers had been present at an earlier incident. The suit claims that the officers were negligent in handling the situation appropriately and because of the negligence, it escalated into a shooting. It accuses the officers of assault, battery and trespass and states that the officers should have called in officers especially trained in dealing with the mentally ill.

Small Smiles made to pay $24 Million settlement

Sat, 23 Jan 2010 08:00:00 EST

Forba, the dental management company that operates Small Smiles dental clinics, will pay $24 million to reimburse state and federal government agencies after accusations that it provided unnecessary and substandard services.

An investigation revealed that Small Smiles pressured dentists to perform unnecessary procedures on children, including crowns, root canals, and tooth extractions. The work was often performed without the parents’ permission. Children were subjected to pain and restrained during the procedures. One child had 16 root canals performed in one sitting. The procedures were billed to Medicaid.

Small Smiles operates 69 clinics around the country, including clinics in Jefferson City, Missouri and Wichita, Kansas. A local investigation found more than 100 parents in Kansas who believe their children were subjected to unnecessary dental work.

Small Smiles advertises that it works to ensure that “Children from low-income families have access to quality dental care provided in a compassionate, kid-friendly environment.”

The Department of Justice and the Kansas Dental Board are continuing their investigation.

If you believe your child is a victim of dental malpractice, contact the Roswold Law Group to schedule a free consultation with a medical malpractice attorney. You may be eligible for damages, compensation for your child’s pain and suffering. If our lawyers can’t help you, you don’t pay.

Day care worker charged in abuse of 8-month-old baby

Fri, 22 Jan 2010 08:00:00 EST

Jackson County prosecutors have charged a former Kansas City day care worker with third-degree assault for her alleged abuse of an eight-month-old baby.

Jacqueline Rogers is accused of hitting the baby on his ears last September because the child would not stop crying. The boy suffered swelling and bruising to his ears, causing the appearance of “cauliflower ear”, a condition most often seen in boxers and wrestlers.

Doctors told police that it appeared someone had grabbed or hit the boy’s ears causing blunt force trauma. The injuries occurred on September 18, 2009 at the Brown’s Christian Academy and Preschool at 22 East 32nd Street. It was the boys second day of care at the preschool.

According to court records, Ms. Rogers denied causing the injuries; however, prosecutors charged the 49-year-old woman with third degree assault, a class A misdemeanor.

Entrusting a child into the care of another is always difficult for parents. No matter how much care and research one puts into choosing a daycare, there is always a risk of child abuse. Every parent should know the signs of day care abuse.

If you suspect or have evidence that your child is being abused by a babysitter or child care provider, contact the Roswald Law Group at 888-348-2616 to learn about your child’s rights.

Weather to blame for 30-car pileup: one death and many injured.

Sat, 16 Jan 2010 08:00:00 EST

Thick morning fog and slippery roads are to blame for a series of car crashes involving about 30 vehicles on Interstate 35 southwest of Kansas City.

The accidents occurred around 7:40 am on Saturday, January 16 covering more than a mile of I-35 near Wellsville in Franklin County, Kansas. Cars, pick-up trucks, minivans and tractor-trailers collided in four separate wrecks. The largest crash involved 19 vehicles in the southbound lane of I-35 at the 194 mile marker, just south of the junction with Kansas 33. Another accident involved six vehicles.

A young child and at least six others sustained critical wounds or head injuries. A bus from Johnson County was sent to handle 24 crash victims with minor injuries. The injured were sent to at least four area hospitals.

The Kansas Highway Patrol believes the pileup began with an accident involving a tow truck. Temperatures were near freezing and fog blanketed the road. One accident victim claimed that he slid after hitting a patch of black ice.

Seventeen Kansas Highway Patrol officers and emergency crews from Franklin, Miami, Johnson and Anderson counties worked to help the injured and clear the wreckage. The roads reopened around 9:30 pm.

Fog and icy weather are the major cause of large pileups. No one is at fault in these accidents, yet insurance companies will still try to get out of paying benefits. If you are having difficulty getting fair compensation for your injuries, we can help. Contact the Roswold Law Group to learn more.

Three adults killed, two children injured in head-on crash

Fri, 15 Jan 2010 08:00:00 EST

Three adults were killed after a late night head-on car crash in Lincoln County. Two children were seriously injured.

At about 11 p.m. on Thursday, January 14, 24-year-old Kenneth R. Brawley of Old Monroe, Missouri was driving west on Highway 47. He was about a mile west of Route W in Lincoln County when Brawley’s 1999 GMC Sonoma crossed the center line and collided with a 1999 Suzuki Vitara.

The Vitara was being driven by 43-year-old Mildred Baker of Elsberry. She had three passengers: Keith R. Ramsour, 41, of Winfield and two children. All three adults died at the scene. They were pronounced dead by the Lincoln County Coroner.

Debris from the accident hit a third vehicle, a 2005 Mustang. That driver was uninjured.

The children were seriously injured. Both seven-year-old Charles A. Whitford and his two-year-old brother, Daniel H. Whitford, were taken to St. Louis Children’s Hospital. Daniel has a briken pelvis and Charles has a neck injury.

Ms. Baker was babysitting the children at the time.

The adults involved in the accident were not wearing seat belts. The children were buckled up. Wearing seatbelts saved their lives.

In Missouri, children aged 8-18 must wear a seat belt while in a vehicle. Children under age 8 should use an appropriate safety seat.

The accident remains under investigation.

FDA reprimands Tylenol manufacturer for delayed recall

Fri, 15 Jan 2010 08:00:00 EST

The U.S. Food and Drug administration scolded McNeil Healthcare LLC for its slow response to problems at a manufacturing facility that caused consumers to become ill from tainted pills.

McNeil recalled the popular Tylenol Arthritis Relief Caplet last month, but expanded the recall today to include more 60 million bottles of medication belonging to more than 2 dozen different medications, including the brands Tylenol, Motrin, St. Joseph’s and Rolaids. For a complete list of the medications and to find out what you can do if you have one the recalled drugs, click here.

The arthritis caplets were recalled at the end of December 2009 after consumers complained of stomach problems. The complaints were linked to contamination by a chemical called 2,4,6 tribromoanisole (TBA). The TBA resulted from the breakdown of a chemical in the wooden pallets used to transport and store the packing material for the drugs.

McNeil Consumer Healthcare claims it is investigating the incident and it will no longer use the pallets that caused the contamination.

The contamination gives the medication an unusual musty smell. The FDA says McNeil first received reports of the musty smell in 2008, and that testing by the company showed the presence in TBA in September 2008. However, a report was not filed with the FDA until a year later.

WARNING: Dangers of Cadmium Found in Children's Jewelry

Thu, 14 Jan 2010 08:00:00 EST

An investigation published Sunday by the Associated Press indicates dangerous levels of cadmium have been found in children’s jewelry imported from China and sold at several U.S. retail stores, including Wal-Mart, Claire’s and dollar stores, additionally children’s jewelry made by Disney have also been found to contain cadmium. Cadmium is a carcinogen that has been linked to hindering brain development in young children. Recent research indicates that exposure to cadmium can cause learning disabilities and permanent loss of I.Q. Children are exposed to the cadmium by biting, chewing, sucking or accidental ingestion of jewelry containing cadmium.

Because Congress banned lead-laden toys in 2008, toy manufacturers have substituted cadmium for lead. Cadmium is banned in painted toys but not other products. This loophole in the law makes it legal to make and sale products containing cadmium as long as they are not painted toys. Unfortunately, AP reports indicate that exposure to cadmium is more dangerous than lead exposure and are linked to "cancer, kidneys that leak vital protein and bones that spontaneously snap."

The AP has also reported that cadmium is so toxic that if cadmium-laden jewelry were "if the charms were waste from manufacturing" it would qualify as hazardous waste. It is recommended that parent’s get rid of inexpensive children’s jewelry made in China.

Cadmium has been found in the following children’s jewelry pieces:

Princess and the Frog bracelet sold at Wal-Mart;
Three flip-flop bracelet charms sold at Wal-Mart in 2008;
Two charms on a "Best Friends" bracelet sold at Claire's; and
Rudolph the Red Nosed Reindeer charm bracelet sold at Dollar N More stores.

The Consumer Products Safety Commission has launched a formal investigation in addition to warning Chinese manufacturers substituting cadmium for lead. If you are unsure about your children’s jewelry, cadmium testing kits can be bought online.

Parents of KU student sue fraternity over drinking death

Wed, 13 Jan 2010 08:00:00 EST

Parents of a University of Kansas freshman who died while at the Sigma Alpha Epsilon house last March have filed a wrongful death lawsuit against the fraternity.

The parents are seeking $75,000 in damages and have pledged to use a percentage of the award to educate KU students about the dangers of alcohol and hazing.

Nineteen-year-old Jay Wren was a resident at the fraternity house when he died in his bed on March 8, 2009. Wren had started drinking pitchers of margaritas at dinner and continued binge drinking beer and whiskey until the morning hours. An autopsy found that he had died of alcohol poisoning.

The lawsuit alleges that at least ten people are responsible for Wren’s death. It also alleges that:

• The fraternity violated an agreement made with Wren’s parents stating that underage drinking was not permitted in the house and that drinking games were banned.

• On the night before Wren’s death “beer pong games were set up and made available to underage individuals.”

• Pledges were challenged to “man up” and drink large quantities as part of the games.

• Wren suffered a head injury.

• Fraternity members failed to assist with medical attention despite an obvious need for medical help.

• Nineteen chapters of Sigma Alpha Epsilon have been disciplined for alcohol-related violations.

KU does not allow underage drinking, but because the fraternity is off-campus, KU officials had jurisdiction over alcohol violations.

Kansas City, Kansas Injury Accident on I-435

Wed, 06 Jan 2010 08:00:00 EST

According to the Kansas City Star, Jerry Ruby, a 45 year old Kansas City resident, sustained injuries late Tuesday night when he lost control of his vehicle on I-435 near Donahoo Road causing it to overturn on the interstate.

The Kansas Highway Patrol reported that the car accident occurred at 10:10 pm when Mr. Ruby's vehicle struck the guardrail. His injuries are unknown, but he he was taken to a nearby hospital.

Unfortunately, auto accidents often result in injury. Roswold Law Group wishes Mr. Ruby a speedy recovery.

Firefighters Urge People to Use Carbon Monoxide Detectors

Wed, 06 Jan 2010 08:00:00 EST

The Kansas City Star reported that three Overland Park, Kansas residents were taken to a nearby hospital this morning with carbon monoxide poisoning after a relative who was visiting the Overland Park, Kansas home called 911. The home did not have a carbon monoxide detector. Firefighters are urging individuals to use carbon monoxide detectors.

Carbon monoxide detectors can warn homeowners when carbon monoxide is present in the home, which is crucial since carbon monoxide gas has no color, odor or taste.

It is important to know the symptoms of carbon monoxide poisoning, which can be confused with the flu.