Kansas City Injury Lawyer Blog

A pharmacy error that mixed up two very different drugs with similar names sent a six year-old child to the hospital after he took the recommended dosage of the wrong medication, which turned out to cause an overdose. The child had to be admitted to the hospital, and his prognosis was unclear for some time. Media reports indicate that he fully recovered. The state's Pharmacy Board reprimanded the pharmacist who made the error, but there is no indication that the child's family has pursued any legal claim for damages against the pharmacy.

The child has a diagnosis of attention deficit disorder (ADHD) with autistic tendencies. His doctor prescribed Methylin, a psychostimulant drug used to treat ADHD and similar conditions. It is also marketed under the more common name Ritalin, or under its generic name, methylphenidate. Methylin has the potential to be habit-forming, so its use is strictly regulated and controlled.

On July 7, 2010, the child's parents picked up what they believed to be his Methylin prescription from the pharmacy in Henrico County, Virginia. His father dropped him off at daycare and gave him his dose of the medicine. He says that he noticed that both the bottle and the medication looked different from what he had seen before. Assuming it was a generic version, he gave it to the child, then called his wife. He told her that the drug name on the prescription bottle was not Methylin, but Methadone.

Continue reading "Medication Error Causes Child to Overdose on Methadone" »

A semi trailer converted for use as a recreational vehicle crashed on a Kansas highway on Sunday, April 1, 2012. Five of the eighteen people on board died in the crash, and the survivors all suffered injuries. The occupants were members of an extended family traveling home to Minnesota after a vacation in Texas. The driver of the semi was a 17 year-old with a restricted Minnesota driver's license. This has led the federal government to seek review of state graduated driver licensing (GDL) laws that would allow a teenage driver to operate such a large vehicle.

The Kerber family was traveling home on Interstate 35 in a Freightliner box truck and Haulmark trailer that had been modified to serve as a recreational vehicle. The vehicle reportedly weighed about 57,000 pounds. Two people, the driver and a 16 year-old, were in the cab of the truck, while the other sixteen rode in the trailer. According to investigators, only the two people in the cab were wearing seatbelts at the time of the crash.

Several of the children were motocross racers, and the family had attended a motocross race in Texas. The trailer had two sections. The front section had living quarters with furnishings and appliances, and the back section stored their motorcycles and equipment. Trailers like this are apparently popular in the motocross community.

Continue reading "Kansas Semi-Trailer Crash that Killed Five People Brings Scrutiny of Graduated Driver Licensing Laws" »

Recently, pharmacies have had a few close calls involving three drugs with very similar names. These incidents underscore the importance of communicating with one's doctor and pharmacist in order to avoid possible medication errors. Mix-ups between the heart medications Pradaxa and Ranexa, as well as the prenatal vitamin Prenexa, have caused several near-misses that could have become serious complications or injuries, according to the Philadelphia Inquirer. People taking medications for heart conditions, and people who are pregnant, cannot afford any significant mix-up in their medications, so education and awareness are very important. These three drugs offer a good example of the need for caution.

Pradaxa is a blood thinner used to prevent blood clots in people with a type of irregular heartbeat known as atrial fibrillation. This condition, left untreated, subjects the person to heightened risk of blood clots that could cause stroke. A possible side effect is excessive bruising or bleeding. It can be risky for pregnant women, since it increases the risk of bleeding during childbirth.

Ranexa treats angina, pressure or pain in the chest resulting from lack of oxygen to the heart. According to the U.S. National Library of Medicine, the precise method by which the drug treats angina remains unknown. It cannot cure angina, nor is it meant for use with sudden angina attacks. Patients prescribed the drug should take it regularly as directed by their doctor, even if they do not feel bad. Patients with irregular heartbeat conditions are advised to use caution when taking the drug.

PreNexa is a prescription-based prenatal vitamin containing plant-based DHA, an omega-3 fatty acid, as well as high levels of vitamin C and calcium. It has no particular side effects, but it contains allergy warnings for ingredients like folic acid. It is possible to overdose on ingredients like DHA, iron, and folic acid.

Taking Pradaxa for angina, when the patient should be taking Ranexa, increases the risk of hemorrhage. Taking Ranexa instead of Pradaxa for an irregular heartbeat has a heightened risk of stroke. Taking PreNexa instead of either drug would leave the heart condition entirely untreated, and taking either drug instead of PreNexa could cause any number of pregnancy complications

A few quick steps can help patients avoid potentially catastrophic medication errors from similarly-named drugs. The U.S. Food and Drug Administration regulates drug brand names, to an extent, and the agency tries to prevent drugs that treat a single condition from having similar names. Asking the doctor to identify the condition being treated on the prescription slip can help a pharmacist understand the purpose of the prescription and dispense the correct medication.

Continue reading "Two Heart Medications and a Vitamin Create Confusion, Some Errors" »

Given the proliferation of the smartphone, distracted driving is reaching epidemic levels and there is growing concern that the problem is only going to get worse. As safety officials debate possible solutions, Kansas City Crash Lawyer Douglas Horn is spearheading driver safety initiatives that he hopes will be adopted throughout the U.S.

Horn, who is devoting a significant part of his time to driver safety, believes that changing driver's behavior is going to have to take a multi-level approach. "First, we need to enact strong driver distraction laws to send a clear message that dangerous driving habits are not going to be tolerated. As it relates to cell phones, driver education and driver safety awareness efforts must reach all segments of the population, including parents. Parents are important targets because they are the model for their children", Horn said.

This past Wednesday Horn lectured trial lawyers from across the nation about distracted driving. Horn stated, "Distracted driving is just as dangerous as drunk driving and trial lawyers should be in the forefront of this issue. If we do our job and hold those distracted drivers accountable for the harm they have inflicted, people will think twice about using their cell phone."

Horn's safety organization, Drive By Example, is doing its part to change the driving culture, especially when it comes to distracted driving. Drive By Example, through its safety partnerships, is working with law enforcement, school districts, community officials, and businesses to encourage drivers to exercise the highest degree of care and model the driving behaviors that protect themselves, their passengers, and others on the roadway.

This week Drive By Example will be at Van Horn High School taking part in a mock crash presentation and looking forward to helping with the high school's Project Grad safety initiative in May.

The month of April has been declared as National Distracted Driving Month, and throughout the month, motorists will face increased crackdowns, and harsher penalties as states around the country, including Missouri, make efforts to reduce the number of distracted driving accidents. The National Distracted Driving Month is a step in the right direction as public awareness is a solution. For more information about Drive By Example, visit www.drivebyexample.com.

The Children's Hospital of Philadelphia conducted a study with the help of State Farm Insurance to examine the risks teenagers face from head trauma in sports, car accidents, and other incidents. The overall rate of fatal car crashes, as compared to the total population, has decreased nationwide in the past five to six years. The rate has also decreased in Missouri but has slightly increased in Kansas, according to statistics compiled by the study's authors. They found car accidents to be the leading cause of head trauma among teens, defined generally as age 15 to 19.

The study authors credit stringently-enforced graduated driver's license (GDL) laws with keeping teen traffic fatality rates low in states like Arizona, Connecticut, and New York. GDL laws allow certain privileges for young drivers, increasing their ability to drive over time and as they reach certain benchmarks. This could include driving safety classes or driving practice supervised by an adult. Curfews and limits on the number of passengers a teen driver may have are common restrictions. GDL laws can also regulate drivers with physical or mental impairments who cannot safely operate a vehicle under certain conditions. Penalties for violating GDL laws typically involve license suspension.

Missouri's GDL law prohibits 16- to 18-year-old drivers, during the first six months, from having more than one passenger who is not an immediate family member, and then restricts the number to three. It also restricts driving privileges between 1:00 and 5:00 a.m.

The GDL law in Kansas is far less stringent. It allows drivers age 15 or older to drive with few restrictions if driving to or from employment or farm work. If a teen driver is not going to or from work, the law generally prevents the driver from driving between 9:00 p.m. and 5:00 a.m., and it restricts them to one non-family minor passenger. It prohibits all cell phone use while driving, except in emergencies.

The study found that the leading cause of death among teens in 2009, nationwide, was car accidents. Car accidents, including both teen drivers and their passengers, accounted for twenty percent of the 11,520 teen fatalities that year, with homicide and suicide accounting for seventeen and fourteen percent, respectively. In 2010, the total number of teen deaths in traffic, which includes teen drivers and their passengers, teen passengers in other vehicles, and teens not riding in passenger vehicles, was 3,413. This was a forty-two percent decrease from 2005's total of 5,889 fatalities.

Continue reading "Kansas and Missouri Car Accidents Are the #1 Cause of Deadly Head Trauma Among Teens, Study Finds" »

Two families have sued a pharmacy in Gig Harbor, Washington for multiple alleged medication errors involving incorrect doses of anti-seizure medication dispensed to two children. Both children reportedly suffered serious adverse reactions to the high doses they received at Olympic Pharmacy.

Kaeley Triller filled a prescription for her three year-old son, Tristan, in January at Olympic. After Tristan took the medication, Triller says that he began to suffer insomnia, convulsions, and hallucinations. She described his behavior as that of a "drunken sailor." She rushed him to the emergency room, where the staff determined that the child had taken an overdose. The medication dosage dispensed by the pharmacy was four times greater than the prescribed amount. Doctors cleared Tristan of any further concerns related to the medication, and Triller was prepared to let the matter drop until she learned about another child who had received two incorrect doses of anti-seizure medicine from the same pharmacy.

In 2009, Laura Carlson went to Olympic to pick up a prescription for her then-11 year-old son, Chad. Chad's doctor had written him a prescription for eight mls. of Lorazepam, a very powerful medication used to treat seizures, anxiety, and other conditions. The pharmacy gave her a single pre-filled syringe of the medication. Chad took the medication and proceeded to spend the next four days in the hospital with hallucinations. At first, the child complained of dizziness, but he gradually became non-responsive. Carlson learned that he had taken eight times more than the prescribed amount of Lorazepam. The prescription said to fill eight syringes with one ml. each, rather than one with all the medication.

By June 2011, Chad, now thirteen years old, had switched from injections to tablets. Carlson picked up his prescription at Olympic, and it caused Chad to become violently ill, featuring near-constant vomiting. The family determined that, rather than the prescribed 300 mg tablets, the pharmacy had given them 600 mg tablets. Chad had therefore taken twice the prescribed dosage.

Both families say that the pharmacy's owners did not follow up on the prescription issues. They have filed two separate lawsuits against Olympic, each alleging that it negligently dispensed a dangerously-high dose of anti-seizure medications, leading to life-threatening situations for both children. This, they claim, caused damages to their children in the form of medical expenses, pain and suffering, and more. Both Triller and Carlson have said that they would like to see that the pharmacy does not make this sort of error again with another family.

Continue reading "Two Lawsuits Accuse Pharmacy of Dispensing Wrong Dosage of Seizure Medication" »

For the first time, the United States Department of Transportation is targeting automakers and their responsibility in making automobiles safer to drive, in the battle against distracted driving.

The federal agency has released a set of guidelines for automakers. The guidelines are not mandatory, but the Department of Transportation and Kansas City car accident lawyers hope that automakers will keep these regulations in mind when they design dashboards.

The federal administration's action comes because of the increasing amount of technology that automakers are making available to motorists. These technologies include voice-activated communication systems, highly sophisticated navigation systems, dashboard computers and other devices that make it possible for drivers to remain in touch throughout his drive.

Dashboard computers are turning into the latest auto craze. These computers come with touchpad screens that allow drivers to surf the Internet, check e-mail and perform dozens of distracting activities on the computer, all while driving.

The Department of Transportation wants automakers to follow certain guidelines while designing these dashboard computers. One of these guidelines recommends that automakers design dashboards that are only activated when the car is in park or stop mode. The risk of an accident involving a person's use of an electronic device would decline if he was unable to use the device while the car is in operation.

The Department of Transportation plans to release an entire set of guidelines for manufacturers of handheld communication devices. Automakers aren't exactly enthusiastic about the Department of Transportation's recommendations. They insist that any technology is introduced in automobiles only after a complete analysis of the safety of the devices, and that these guidelines are therefore, redundant.

In our opinion, auto manufacturers must show greater responsibility in the introduction of communication and entertainment technologies in vehicles. The need to meet increasing consumer demand for fancy gadgetry in automobiles must be tempered with conscientiousness.
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Attorney Douglas Horn, a Missouri car accident lawyer, has deployed "Drive By Example", a driver's safety campaign designed to reduce distracted, impaired, and reckless driving. "Drive By Example" educates driver's on the high level of care, attention, and responsibility associated with driving and analyzes the behaviors and habits that change good drivers into dangerous drivers.

As more and more commerce moves from brick-and-mortar businesses to online retailers, online pharmacies are appearing all over the internet. These services can offer significant cost savings for consumers. They can also offer a certain convenience, sparing patients a trip to the drugstore by delivering their medications right to their door. At the same time, they bring some considerable risks. One risk is the possibility that important medications may be delayed, or even lost, in the mail. Other risks can result in serious medical or even legal trouble for consumers.

An advantage of a brick-and-mortar pharmacy is the ability to speak directly to a licensed pharmacist. This gives the patient the chance to ask questions, but it also affords an opportunity for both the patient and the pharmacist to confirm that the patient has received the correct medication. Pharmacy errors in which a patient receives the wrong medication certainly occur, and conducting a transaction entirely online and by mail makes an error harder to rectify. A California woman, trying to fill a prescription for the cholesterol-lowering drug Zocor, instead received Lipitor in the mail from an online pharmacy. While both drugs treat the same conditions, they work in different ways and are not substitutes for one another. The woman sent the medication back and reported the error to the pharmacy, but received the same wrong medication again. Her only means of contacting the pharmacy was through an 800 number.

While many online pharmacies are legitimate and reputable businesses, some do not maintain high standards of quality control. Some may import prescription drugs from foreign countries that lack regulations protecting the quality of the medications. In that sense, a consumer may receive what appears to be the correct medication, but not the strength or potency of medication that they require. For people with critical medication needs, this can be a grave concern. Legislation that would regulate the sale of prescription medications online, called the Online Pharmacy Safety Act of 2011, is pending in both houses of the U.S. Congress. Organizations like the National Association of Boards of Pharmacy and the Missouri Board of Pharmacy can help determine if an online pharmacy is legitimate.

An additional risk is the inadvertent violation of federal drug laws. Federal law, through the Food, Drug, and Cosmetics Act, bans the importation of controlled substances, including prescription medications, from other countries. With health care costs rising, online pharmacies based in Canada or other countries may present an appealing alternative to domestic pharmacies. While individual purchases of medications for personal use may not immediately attract the attention of law enforcement, it is important to know that it is illegal.

Continue reading "The Risks of Obtaining Medications from Online Pharmacies" »

The family of an elderly Kentucky woman has filed suit against Walgreens pharmacy after an alleged mix-up of her prescription medication led to her death. Mary Moore, a Louisville resident, had just left the hospital after receiving treatment for high blood pressure, kidney failure, and congestive heart failure on November 10, 2010. Her doctor had written her a prescription for the high blood pressure medication Hydralazine. The pharmacy allegedly gave her the antihistamine Hydroxyzine by mistake.

Because of the medication error, Moore's high blood pressure went entirely untreated for about two weeks. The pharmacy reportedly noticed the error and provided Moore with the correct medication, but by then "it was too late," according to the lawsuit. Moore could not tolerate the dosage of the blood pressure medication. Her blood pressure reportedly continued to increase, putting additional strain on her heart. This caused "decompensation" of both her congestive heart failure and her kidney disease. She was hospitalized again, and died on December 6, 2010.

Hydralazine, according to the National Institutes of Health, is a muscle relaxant used to treat high blood pressure. It allows blood to flow more easily by relaxing the muscles in the blood vessels. Hydroxyzine is an antihistamine used to treat allergic reactions such as itching, and to control symptoms of motion sickness. It can also treat anxiety and alcohol withdrawal symptoms. The NIH specifically cautions people over the age of 65 to not use Hydroxyzine, as other medications that treat the same conditions are considered safer for older patients.

Moore's family filed a lawsuit in Jefferson Circuit Court in Louisville on February 15, 2012 against Walgreens and the pharmacist in charge at that particular location. The lawsuit claims negligence and wrongful death, as well as strict liability, negligent failure to warn, and breach of warranty. The pharmacy's error in dispensing the wrong medication, according to the lawsuit, was a "substantial factor" in Moore's injuries, in enhancing her existing injuries, and in causing her death. The suit also alleges that, by not counseling Moore about the drug at the time she filled the prescription, the pharmacy violated state law. Had the pharmacist spoken to Moore at that time, the pharmacist likely would have noticed that the medication was incorrect, the lawsuit says.

Continue reading "Pharmacy Sued Over Fatal Drug Error" »

American rental car companies have about 1.6 million vehicles in their fleets, according to a recent report in USA TODAY. Hundreds of thousands of these vehicles may be subject to a recall at any given time. During a 2010 recall initiated by Toyota because of problems with some vehicles' accelerator pedals, as many as 1 in 5 rental vehicles nationwide were included in the recall. This has given rise to concerns about the safety of rental company customers and others in the event of an accident caused by unrepaired defects in the vehicles. Rental companies have developed guidelines for how to handle recalls, but no consensus exists as to whether the federal government should have regulatory authority over the industry.

A bill introduced in the U.S. Congress last summer, the Raechel and Jacqueline Houck Safe Rental Car Act of 2011, would provide oversight of the rental car industry by the Federal Trade Commission (FTC) and the National Highway Traffic Safety Administration (NHTSA). The law would regulate issues related to safety defects and recalls under federal deceptive trade practice laws. Current law requires manufacturers and dealers selling new cars to fix recalled vehicles before selling them. The NHTSA has authority over manufacturers, but rental companies are not covered at all by existing law.

The bill is named for two sisters, Raechel Houck, age 24, and Jacqueline Houck, age 20, who died in a car crash in California in 2004. They had rented a PT Cruiser from Enterprise Rent-A-Car. The car was subject to a safety recall for a problem with its power-steering fluid, but the car had not been repaired and had been rented to several other consumers before the Houcks. Leaking power-steering fluid caught fire while they were driving, which caused them to lose control and crash into a tractor trailer.

The NHTSA has reportedly been investigating the industry for over a year, based on allegations of renting cars to the public that are part of a recall without first repairing them. Last month, Hertz, the second-largest auto rental company in the country, entered into an agreement with the NHTSA to give the agency oversight of their industry. Several U.S. Senators have said they plan on re-introducing the bill named for the Houck sisters.

The largest and third-largest rental companies, Enterprise and Avis Budget, have not joined Hertz in its agreement with the government. A spokesperson for Enterprise said that regulation is not necessary, as the industry has adopted new and sufficient safety standards in recent years. Avis Budget said that the new law would target rental companies while leaving taxi and limousine services alone.

Continue reading "Rental Car Industry Comes Under Scrutiny of Auto Safety Regulators and Advocates" »

The executive chairman of Ford Motor Company, Bill Ford, has made some extravagant predictions about the future of automobiles, according to a UPI report. He describes a system of automated vehicles that are linked across an electronic network. Sensors would alert individual vehicles to the proximity of other vehicles or obstacles, thus preventing collisions. Ford, the great-grandson of Henry Ford, predicts that automobiles, bicycles, and even pedestrians will share a connected wireless network by the middle of the century. For an attorney who helps people injured in automobile accidents, it raises questions of what would happen when collisions do occur.

Research into wireless technology that allows vehicles to communicate with nearby objects is advancing, gaining the support of the federal Department of Transportation (DOT). Known as V2X technology, it includes devices that allow vehicles to talk to each other (V2V) and those that connect vehicles to infrastructure (V2I) like medians, guardrails, and even buildings. DOT began a series of tests in 2011, called the Connected Vehicle Safety Pilot Program, in which drivers use V2X technology in ordinary road and highway environments. Making this technology widely available would require a tremendous investment in upgrading the existing infrastructure, since V2I technology would need to be nearly ubiquitous to be effective.

The biggest question to arise from this potential technology is how to deal with injuries or deaths when accidents occur. A 2010 study by DOT suggested that V2X technology could address up to eighty percent of the most common types of vehicle crashes. Even with highly-sophisticated sensors, though, accidents will happen. The technology simply cannot control for every conceivable road condition, weather problem, non-networked obstacle, or other unexpected event. The technology can address certain causes of car collisions, such as fatigue, distraction, and intoxication, but problems like software crashes and network overloads could simply replace those causes.

With no driver at the wheel, the principal responsible party in the standard negligence model is not there. Drivers have a duty to obey traffic laws and operate their vehicles in a reasonable and safe manner. When a driver breaches that duty and causes an accident, the law holds the driver responsible for the resulting damages. If an accident occurred due to a network error, or even simply an unexpected object in the road, the model of liability varies from unclear to entirely unprecedented.

Continue reading "Automakers Predict Cars that Drive Themselves: That Presents Some Legal Questions" »

After undergoing a fairly simple eye surgery, Queens, New York resident Smith Maceus went to a Walgreens pharmacy to fill a prescription for eye drops. His doctor had prescribed the eye drops to aid in his recovery. An error at the pharmacy, as alleged in a lawsuit filed by Maceus against Walgreens, led to him receiving a wart remover instead of the eye drops. The pharmacist allegedly gave him Durasal instead of the FDA-approved eye medication Durezol. Maceus' lawsuit claims that he suffered "grievous personal injury" as a result of the error. He is demanding $1 million in damages.

The two drugs have similar names but could not be more different. Durezol is a highly dilute eye drop, consisting of 0.05% solution of ophthalmic chemicals. Durasal is a comparatively concentrated acid solution, containing 26% salicylic acid. It would have an unpleasant effect if placed in the eyes.

Maceus' injury was the result of a conflict between drug names that had caused enough problems to get the attention of the U.S. Food and Drug Administration (FDA). The FDA issued an alert to phamracists and other medical professionals in December 2011 of the potential for confusion between Durezol and Durasal. It specifically called on pharmacists to be "vigilant" when filling Durezol prescriptions.

According to the FDA, Durasal's manufacturer did not submit it to the process of FDA review and approval. It went on the market soon after the FDA gave final approval to Durezol. Therefore, the FDA could not do its usual check for conflicting trade names when it reviewed the application for Durezol, as it was not aware of Durasal at the time. Durasal's manufacturer reportedly has not responded to FDA requests to take Durasal off the market while the FDA reviews the risk to patients.

An article at the Consumerist shows the packaging of the two drugs. The boxes bear a vague resemblance to one another, but the real similarity is in the names. Durasal's box does bear a helpful warning, stating that the medication is "NOT FOR USE IN EYES" with the all-caps in the original. It is important to note that pharmacies sometimes repackage drugs, either omitting the box or even putting the medications into the pharmacy's own containers. There is therefore no way of knowing how many patients actually see this warning.

Continue reading "Man Sues Pharmacy for Confusing Wart Remover for Eye Medication, FDA Deals with Similar Drug Names" »

A 21 year-old Kansas City man died in the early morning of Sunday, February 19 after a series of hit and run accidents. Two others suffered minor to severe injuries. According to police, Leon Grant was driving south on Grand Avenue when he made a U-turn near Pershing Road. He then tried to make a U-turn again, but turned in front of an oncoming SUV. The SUV collided with Grant's vehicle, and Grant sped away, heading north on Grand Avenue. The driver of the SUV called 911 while pursuing Grant's vehicle.

Grant then reportedly ran two red lights at East 19th Street and East 18th Street. While crossing East 18th Street, Grant's car collided with a BMW going east. Grant's car then hit a tow truck and spun into a parking lot. It also hit a building before it came to rest. A woman who said she is friends with the people in the BMW stopped and went to check on Grant. She reported that she found him in the passenger seat of his car, where "he took his last breath." Grant was pronounced dead at the scene.

The driver of the BMW reportedly suffered serious injuries, while a passenger suffered minor injuries. The tow truck driver was not injured. News reports do not indicate if the SUV driver sustained any injuries. Police are investigating the accident, particularly whether alcohol or drugs were involved in any way. They said that this is the eighth fatal crash in Kansas City in 2012. The city had seen five fatal crashes by this time in 2011.

The ninth fatal crash occurred later the same day. Firefighters recovered the body of a man from a burning car Sunday morning. The man apparently veered off the road while heading east on 101st Terrace. The car struck a tree and burst into flames, and the man was unable to escape. Authorities are still attempting to identify him and determine a cause of both the crash and the fire.

Continue reading "Kansas City Man Dies After a Series of Hit and Run Crashes; Another Man Dies in a Car Fire" »

In the past year, federal prosecutors have brought several cases against Kansas nurses for allegedly diluting painkillers prescribed for patients in nursing homes. These cases have demonstrated flaws in the regulation of the nursing profession in Kansas, according to several medical professionals. Tampering with prescribed medications, particularly powerful painkillers, certainly puts patients at risk by depriving patients of needed care and compromising doctors' knowledge of their patients' conditions.

In one case, Wendy Parmenter, a nurse at a Topeka nursing home, was accused of tampering with narcotics and stealing them for her own use on several occasions in 2010. Another nurse reported finding empty morphine bottles, which led the nursing director to order all employees to undergo oral-swab drug tests. Parmenter reportedly failed the test, but then passed two urine tests by substituting another employee's urine for her own. She also allegedly diluted a bottle of morphine with tap water after using some of it. The morphine was intended for a 105 year-old patient suffering from chronic pain and dementia.

Prosecutors charged Parmenter with product tampering and adulteration of a drug. She admitted to addiction to narcotics, saying she would often take painkillers prescribed for patients under her care. She entered into a plea agreement with prosecutors in November 2011. A federal judge in Wichita sentenced her to three years in prison on February 2, although she may qualify for early release if she completes a drug treatment program.

Parmenter, it turned out, had a history of painkiller abuse when the nursing home hired her in June 2010. Two months earlier, while working at a nursing home in Emporia, she had been caught stealing the painkiller hydrocodone from patients. She pleaded guilty to a state charge of drug theft in August 2010 and received probation. This information was not available to the nursing home in Topeka when it hired her. Because of what critics call flaws in Kansas' system of regulations for nurses, the state's Board of Nursing indicated at all times in 2010 that her nursing license was in good standing.

Continue reading "Kansas Nurse Sentenced to Three Years in Prison for Drug Tampering" »

Researchers have developed a video game that has been designed to help educate teenage drivers about the dangers of accidents involving distracted driving. Horn Law, and other Missouri car accident lawyers, encourage more efforts to step up awareness about the dangers of distracted driving among teenagers, and this might be a novel way to drive home the message.

The game is called Distraction Dodger, and it has been developed by the University of SA Minnesota's Intelligent Transportation Systems Institute. In the video game, players are required to make pizza deliveries, all the while battling distractions from their smart phones. They are required to use their phones to boost their business, while navigating road obstacles. Researchers unveiled the game at the Teen Safe Driving Summit in Rosemount.

Our firm handles a wide variety of distracted driving cases. Many times, when a teen driver is distracted while driving, they don't even realize that their attention is being taken away from the road. Teen drivers tend to overestimate their capacity to multitask.
Clearly, distracted driving is becoming a national epidemic and it is encouraging that efforts are being made to reach out to teen drivers, who are at the highest risk for distracted driving.

Although much of the distracted driving crisis has centered on teens, in my experience as a Missouri car accident lawyer, adult drivers are just as guilty. Whether it is checking e-mail, browsing the internet, or updating social media, adults are becoming just as dependent as teens on their Smartphones. In fact, one of the primary reasons I started the drivers safety organization Drive By Example was to alert adult drivers to the dangers of distracted drivers.

This blog was authored by Douglas R. Horn, a lawyer with over 20 years of experience in motor vehicle accident law and crash litigation. Mr. Horn is a driver's safety advocate and the founder of "Drive By Example".

Drive By Example is a safety organization with a mission to advance teen driver safety. For more information, visit www.drivebyexample.com.