Kansas City Injury Lawyer Blog

As hundreds of fans host Super Bowl parties, many partygoers who have partaken of alcohol will be hitting the road. To avoid a bad experience, here are some tips for the party host to help keep everyone safe.

•Encourage your guests who drink alcohol to designate a driver.

•Before kickoff, help arrange a designated driver for those quests who need one.

•Have plenty of non-alcoholic beverages and serve food throughout the game.

•Only serve alcohol to those quests over 21 years of age.

•Just like at the stadium, have a "last call" and stop serving alcoholic
drinks at the beginning of the 4th quarter.

•Keep a watch over guests who are showing signs of having too much to drink.

•Have a list of cab phone numbers or save them in your cell for convenience.

•Make sure you remind your departing guests to drive alert, buckled, and
composed. Stay extra alert for other motorists who appear to be impaired.

•Be prepared to have guests spend the night if an alternative way home
is not available.

Have a Safe Super Bowl Sunday,
Douglas R. Horn

This email is a driver's safety alert from Douglas R. Horn, Lead Attorney of The Horn Law Firm, P.C. Mr. Horn is an injury lawyer who concentrates his law practice on motor vehicle crash cases causing serious injury.

Mr. Horn also devotes a significant part of his work to driver safety issues. His safety organization, Drive By Example, is designed to influence drivers to use the highest degree of care and model the behaviors that protect themselves, their passengers, and other motorists. For more information regarding Horn Law, visit www.hornlaw.com.

Shaniah Rolle needed surgery for some serious intestinal problems. In 1998, doctors at the University of Miami's Miller School of Medicine had to remove the young girl's spleen and several other organs. This addressed her intestinal problems but compromised her ability to fight off infections. The spleen acts as a filter to screen out bacteria and viruses, so without it she needed medication to prevent illness.

Her mother took her to the hospital's pediatrics unit for a follow-up appointment in October 1998. A medical assistant administered an injection of a vaccine specifically designed to help people without spleens avoid infection. The assistant did not realize, apparently, that the vaccine was about five months out of date. As such, the vaccine was not medically effective.

Rolle's mother rushed her to a different hospital eight months later when she fell seriously ill. She had developed a MRSA infection (Methicillin-resistant Staphylococcus aureus) that the vaccine should have prevented. By the time she got treatment, she had blot clots in all four limbs, and the extremities had become gangrenous. Doctors had no choice but to amputate her arms and legs above the joints.

Rolle's mother filed suit against the medical school and several of the physicians who treated her, alleging that they were negligent in failing to provide an effective vaccine to guard against infection. The case went to trial in late 2011. After a five-week trial, the jury deliberated for three days before reaching a verdict finding mostly for the plaintiff.

The jury found the hospital and at least one of the doctors liable for Rolle's injuries and awarded $12.6 million in damages. They also found, however, that Rolle's mother was partly at fault for her injuries. Defense lawyers argued at trial that Rolle would have gotten sick whether she had the vaccine or not because her mother did not properly administer her medication. The jury concluded that the mother was forty percent responsible for her daughter's injuries for failing to give her enough medicine to enable her to fight off the infection. This means that Rolle cannot collect the entire amount of the award, but rather sixty percent of it, or $7.56 million. Any recovery may be delayed, as the hospital is expected to file an appeal.

Continue reading "Teen Who Lost All Four Limbs Due to a Medication Error Wins $12 Million Jury Verdict" »

A tragic auto accident that took the lives of a mother and daughter the morning of July 4, 2011 finally has some closure. The driver accused of causing the accident, 19 year-old Mexican immigrant Felix Solano-Gallardo, pleaded guilty to two counts of involuntary manslaughter on January 4. He also admitted to driving while intoxicated, with a blood alcohol content over twice the legal limit. Solano-Gallardo had given conflicting accounts to police since the accident, even refusing to confirm his real name. He is allegedly an undocumented immigrant from Mexico. He claimed several different names and ages while the criminal case progressed, be he testified in court the day of his plea that Solano-Gallardo is his real name, and that he is in fact 19 years old.

The crash occurred at about 8:30 a.m. on Monday, July 4 on Interstate 435 in Kansas City. 911 operators had already received calls about a vehicle traveling the wrong way on the highway. Solano-Gallardo had been driving south in the northbound lanes for several minutes when his white Mountaineer collided head-on with a black Impala driven by a 44 year-old woman and carrying her 11 year-old daughter. No skid marks were found at the scene, leading investigators to suspect both cars were traveling at highway speeds, around 65 miles per hour. The mother and child reportedly died instantly, and Solano-Gallardo was severely injured. The mother and daughter had been driving from their home in Belton to a Fourth of July parade in Sugar Creek.

Solano-Gallardo was taken to an area hospital. At 10:30 a.m., nearly two hours after the crash, his blood-alcohol content was reportedly .185 percent, more than double Missouri's legal limit of .08 percent. Police reported that he was "evasive" about identifying himself. He invoked his right to an attorney and remained at the hospital in serious condition. Because he was hospitalized, he did not appear before a judge until later. Prosecutors requested a $500,000 cash-only bond.

Solano-Gallardo appeared in court for his plea in a wheelchair, still recovering from his injuries. His sentencing is scheduled for March 9, when the judge could impose as much as thirty years' imprisonment. Given his suspected immigration status, federal immigration authorities will likely place a detainer on Solano-Gallardo, if they have not done so already. This is a request to local law enforcement to hold an inmate past the release date until immigration authorities can take custody of the inmate. This is done when they suspect an inmate of immigration violations. If Solano-Gallardo receives a prison sentence, he may face deportation proceedings once he is released.

Continue reading "Man Pleads Guilty to Drunk Driving in Fatal 4th of July Crash in Kansas City" »

After waiting over two years, the pharmaceutical industry finally has a set of guidelines from the Food and Drug Administration (FDA) about using social media to market their products, although they might not be quite what the industry expected. Rather than a set of comprehensive guidelines, the FDA issued a 15-page document limited to the issue of online requests for information on "off-label" uses of medications. "Off-label" typically refers to uses other than those specifically approved by the FDA. This is far less than what much of the industry, known to many as Big Pharma, expected.

The FDA has regulated marketing and advertising of certain controlled substances since its founding in the early 20th century. In recent years, the technology of marketing and advertising has changed at an ever-increasing rate. The amount that Big Pharma spends marketing its products directly to consumers reportedly went from $579 million in 1996 to over $4 billion in 2008. Social media has played a role in marketing and advertising of pharmaceuticals for years, but the FDA did not specifically address the question of how existing rules apply to social media until recently. Big Pharma reportedly spent $1 billion on social media marketing in 2010, and that number is expected to keep increasing.

In April 2009, the FDA took one of its first major actions in regard to social media, sending warning letters to fourteen drug companies who were allegedly sponsoring search-engine ads for certain pharmaceuticals without including legally-required statements of risks. Drug companies had used what they called the "one-click rule," meaning that information on risk was no more than one mouse click away from any web page containing marketing information. Social media, which allows consumers to post their own information, makes it very difficult to maintain risk information in proximity to drug information.

The FDA held public hearings for two days in November 2009 to discuss social media marketing of pharmaceuticals. It considered how pharmaceutical companies may present information through their own websites, but also how they might support third parties, such as bloggers or Twitter users, who could post information outside of the FDA's normal area of review by offering positive reviews of products or challenging negative information. At the time of the hearings, observers thought the FDA might choose to ban social media marketing of prescription medications entirely, according to the New England Journal of Medicine. The FDA's eventual response, issued in December 2011, is not nearly as far-reaching as many expected and some feared.

Continue reading "FDA Offers Some Guidlines on Social Media Marketing of Pharmaceuticals" »

National Highway Traffic Safety Administration 2010 data shows an increase in trucking accident-related fatalities last year. U.S. traveling related deaths increased by 8.7% in 2010, reversing a trend that had been set into motion a couple of years ago.

A total of 3,675 people were killed in trucking-related accidents across the country in 2010. That was an increase from 3,380 fatalities in 2009. Approximately 64% of trucking accident fatalities were single vehicle accidents.

There was also an increase in the number of people injured in large truck accidents. These injuries increased by 12% in 2010, to a total of 19,000 injuries. In contrast, injuries in passenger car accidents increased by only 2.5%.

The national statistics have great relevance to Douglas R. Horn, a Missouri truck accident lawyer. Missouri has several major truck routes, including I-70 and I-44. Both highways are highly congested, which is a significant factor in causing truck accidents.

The American Trucking Association has responded to this increase in trucking accident fatalities, and is calling for more research and analysis of the statistics to understand the reasons for this increase. The group has constantly boasted about the improving trucking safety record of the industry, and has used the lower trucking accident fatality rates over the past couple of years to support its opposition to reducing trucking work hour rules. According to the trucking industry, the 11-hour rule is working fine and has actually helped reduce trucking accident fatalities.

At least two fatal traffic accidents made for a grim New Year's in Kansas City. A woman who had stopped on the side of the highway was killed when another vehicle struck her car. A toddler heading home from a New Year's Eve party with her family died after a car hit her, possibly because of non-functioning street lights. The Missouri Highway Patrol reported five traffic fatalities statewide over the New Year's holiday weekend, from 6:00 p.m. on December 30 to 11:59 p.m. on January 2. In total, troopers investigated 163 traffic accidents resulting in 75 injuries, plus 114 drunk driving arrests. These numbers are a slight increase over 2010-11's numbers, which had 157 accidents and 70 injuries. Five people died in traffic accidents over last year's holiday as well.

On the afternoon of Monday, January 2, a 40 year-old woman who had stopped her car on the right shoulder of Interstate 470 in Lee's Summit was struck by another vehicle travelling west on the highway. Her car, according to new reports, was disabled. The other vehicle reportedly drove off the road and hit her 2000 Ford. She was pronounced dead at the scene by an investigator for the Jackson County Medical Examiner. A passenger in her car sustained minor injuries. The other driver was treated for moderate injuries. All three people involved were reported to be wearing seat belts. The accident forced the closure of the entrance ramp to the highway for over two hours. Media reports do not indicate if authorities intend to file charges in connection with the case, nor have any reports indicated what factors, if any, may have played a part in the accident.

New Year's turned tragic for a family in Kansas City, Kansas. As they were crossing the street early in the morning of Sunday, January 1, a three year-old girl stopped to look for her mother. She was struck by a car and thrown about twenty feet. She sustained critical injuries and was rushed to the hospital, but she died on Monday. The driver stopped and has reportedly cooperated fully with police, and they are not expected to file charges.

Continue reading "New Year in Kansas City Marred by Traffic Fatalities" »

The family of a Florida man who died after receiving the wrong medication at a Florida hospital has filed a lawsuit against the hospital. In July 2010, 79 year-old Richard Smith went to North Shore Medical Center with shortness of breath and was admitted to the ICU. A doctor prescribed the antacid Pepcid, but the nurse administered Pancuronium by mistake. Pancuronium is a muscle relaxant used while intubating hospital patients, but is also used as part of a mixture of drugs in lethal injections.

The nurse had to get the Pancuronium from a locked drug cart in the ICU, while Pepcid is available over-the-counter. News reports do not indicate if the hospital keeps Pepcid in the same area. The nurse apparently injected the Pancuronium into Smith's IV and left. According to University of Miami anesthesiologist Dr. Keith Candiotti, the drug would not cause a patient to lose consciousness but would render them unable to move or breathe in a large enough dose. Smith lay unattended for half an hour, according to hospital records, before staff noticed that he was unresponsive. Smith's son arrived at the hospital shortly afterwards to find his father unconscious. Although Smith was resuscitated, he never regained consciousness and died almost a month later.

According to news reports by Miami's WPLG, the nurse who administered the incorrect medication to Smith still works at the same hospital. He was reprimanded, paid a $2,800 fine, and had to attend "remediation courses." The hospital reported that he had been "appropriately counseled and re-trained." It has reportedly removed Pancuronium from most areas except the operating rooms themselves, and upgraded the medication's packaging to include additional warnings.

Smith's family filed suit in a Miami court in November against North Shore, claiming damages for wrongful death and the loss of Smith's income and support. They particularly note that, in addition to making a mistake, the hospital did not notice their error for thirty minutes, leaving Smith alone that whole time. Smith's family does not feel the punishment meted out so far is enough. Smith and his wife, Lula, had four children of their own and adopted and raised ten other children. She still has care of two children, ages 2 and 10, that they had taken in when the children's mother died.

Continue reading "Man Dies After Accidentally Receiving Drug Used in Executions" »

According to new statistics released by the National Highway Traffic Safety Administration, traffic accident fatality numbers for the year 2010 fell to record lows, ending at a total of 32,885 fatalities. That was a drop of 2.9% from the previous year, and also the lowest traffic accident fatality numbers on record since 1949. Last year, there was a decline in traffic accident deaths even though Americans drove approximately 46 billion more miles.

Missouri car accident lawyers credit this decline in accident fatalities with a number factors. Many states now have strong anti-drunk driving enforcement campaigns in place, and the numbers of alcohol-related car crashes has been dropping steadily. Additionally, safety campaigns, such as Horn Law's Drive By Example Safety Organization in Kansas City, have helped to increase seat belt use and curb distracted driving.

However, the National Highway Traffic Safety Administration also finds that more than 3,000 people were killed last year in accidents related to cell phone use while driving. Overall, 3,092 people were killed in accidents caused when someone was dialing a cell phone, sending or receiving a text message or performing any other activity related to the use of electronic communication devices while driving. The agency used a new measure to tabulate these deaths last year, so there's no way to compare those numbers with those in previous years.

Deaths caused by intoxicated drivers dropped by 4.9% in 2010. However, the number of people being killed in pedestrian accidents, and the number of motorcycle riders killed in accidents increased last year. The decline in pedestrian accidents is especially shocking, since it comes after 4 straight years of declining pedestrian accident death rates.

A multi-vehicle accident on the morning of August 5, 2010 in Gray Summit, Missouri has led the National Transportation Safety Board (NTSB) to urge states to ban cell phone use while driving. An investigation into the accident by the NTSB concluded that a pickup truck driver's frequent texting while driving, combined with fatigue, led to the accident. Two people lost their lives and thirty-five were injured in a series of collisions involving four vehicles. The pickup truck collided with the back of a semi traveling without a trailer. A school bus going the same direction then struck the pickup truck, and a second school bus struck the lead bus. The pickup truck driver and a passenger on the lead bus died. The NTSB identified multiple factors that led to the crash, but it concluded that distracted driving played a significant role. The pickup truck driver may have sent or received as many as eleven text messages in the eleven minutes preceding the crash.

As a result, the NTSB has recommended that all fifty states and the District of Columbia enact bans on all non-emergency use of portable electronic communications devices, such as cell phones, while driving. It also recommends creating a "high visibility enforcement" campaign consisting of visible and intensive enforcement of the law combined with extensive publicity and outreach. This approach has been very successful with various campaigns by the National Highway Traffic Safety Administration (NHTSA), such as their campaign to publicize and enforce seat belt laws, "Click It or Ticket."

The NTSB and NHTSA are government agencies established to promote transportation safety through research and publicity. The NTSB lacks the legal authority to create laws on its own, but its recommendations command the attention of lawmakers. It has previously supported various bans on specific uses of cell phones and other devices, including texting and driving, but now it urges a total ban on all talking and texting while behind the wheel.

The NTSB's investigation also found that the driver of the lead school bus was likely distracted by another vehicle on the side of the road, and that the driver of the second bus failed to maintain a safe distance from the first bus. It issued recommendations to the Missouri governor's office to revise safety procedures for the operation of school buses, particularly regarding driver distractions, as well as procedures for emergency evacuations of school buses.

As many as 3,092 traffic fatalities resulted from "distracted driving" in 2010, according to NHTSA estimates. Cell phone use while driving, especially texting, appears to be escalating around the country. The NHTSA estimates that one in a hundred drivers are actively using their cell phones while driving, with younger drivers doing so in even greater numbers. Stemming this tide may prove difficult. Even though 35 states and the District of Columbia have banned texting and driving, the practice continues, possibly increasing at alarming rates.

Continue reading "No More Cell Phone Use While Driving, Recommends the National Transportation Safety Board" »

Lawsuits often arise out of car accidents. People sustain injuries in a crash and need to seek compensation from the person or people responsible. Typically the responsible person is the driver at fault in the accident. Sometimes it is the auto manufacturer if the car had some defect or flaw that caused or contributed to the accident. Sometimes, the injured parties decide to sue everyone in sight, with surprising results. This is what happened to 89 year-old Oregon resident George Hinnenkamp, whose car was stolen and crashed, and who then became the subject of a lawsuit over that crash.

In June 2009, Hinnenkamp was returning to his Lorane Valley home after a trip into town, only to find his 1991 Thunderbird was missing. He reported the car stolen and waited. That night, he received a call from Oregon State Police telling him that his car had been wrecked in an accident involving alcohol. He also learned that the car thief, 35 year-old Joseph Dinwiddie, was someone he occasionally tapped for odd jobs. Dinwiddie went to prison, where he remains today, for driving while intoxicated, two counts of third-degree assault for the injuries to his passengers, and several other charges.

Here's where the story gets interesting. This past summer, the now 91 year-old Hinnenkamp learned that the two passengers from the night of his car's joyride had filed suit against both him and the incarcerated car thief, claiming $145,000 and $75,000 in damages, respectively. One plaintiff, Delano Oscar, claims "sprains or strains" in his back, neck, and elsewhere. In addition to $1,000 in medical bills, he is seeking $48,000 in non-economic damages, which usually refers to compensation for a plaintiff's pain and suffering. The other plaintiff, Nicole Cunningham, claims similar injuries as well as pelvic fractures, headaches, and dizziness. She is demanding $20,000 in medical bills plus $125,000 in non-economic damages.

The passengers allege in their lawsuits that, on the night of the crash, Dinwiddie was acting as Hinnenkamp's employee and had Hinnenkamp's permission to use the car. This issue had apparently come up during the criminal investigation and prosecution of the theft and crash. Hinnenkamp had told investigators that he had occasionally allowed Dinwiddie to use the car while performing odd jobs. Even Dinwiddie reportedly told police that night that he did not have permission to use the vehicle. The issue of whether Dinwiddie was performing job duties the night of the accident still does not explain the presence of alcohol.

Continue reading "Car Owner Sued by Passengers of Car Thief After Accident" »

The Springfield News-Leader recently reported on the tragic story of a 34 year-old man who hung himself while hospitalized for depression. Hospitals call this a "never event," a tragedy that normally should not happen in a health care facility. This could also include major medication errors, surgeries performed incorrectly or on the wrong patient, or a death during an otherwise ordinary procedure. The man's father reached a confidential settlement with the hospital over his son's death, but also says he never received an apology from the hospital. His case illustrates the problem of tracking and obtaining information on such "never events" in hospitals in Missouri.

Few states require reporting of adverse events by hospital and other medical providers, with most having a system of voluntary reporting. Few states allow public disclosure of data related to any such reports, making it difficult for people injured due to medication errors and other hospital mishaps to obtain information they may need to protect their rights.

Hospitals and other providers have generally fought efforts to mandate reporting and to make information available to the public. Concerns over liability, and of course litigation, lead the objections. An official with the federal Agency for Healthcare Research and Quality (AHRQ) describes a "no-blame culture" that encourages voluntary reporting of errors by removing the immediate fear of liability. It would seem that any reports or documentation that contain information relevant to a specific patient's claim for damages ought to be subject to discovery by an attorney. Patient privacy laws may hinder error reporting, as medical providers cannot disclose confidential patient information except in specific circumstances. Safeguards exist, however, that would allow reporting without violating such laws.

Both federal and state laws have attempted to address these issues. While they may have made positive steps towards greater patient safety, they still do not allow access to information that could help an injured patient, nor do they help the government analyze broad samples of data. The federal Patient Safety and Quality Improvement Act of 2005 (PSQIA) was intended to provide for widespread sharing of error information by medical providers and government officials. The law allowed the designation of patient safety organizations (PSO's) in each state to collect data from hospitals and other providers on adverse events and unsafe conditions. The PSQIA does not allow disclosure of any of this information to the public, and any disclosure is strictly regulated. It also does not require reporting of errors, instead making all reporting voluntary. The AHRQ is supposed to review data collected by the PSO's, but with only voluntary reporting it cannot perform any sort of meaningful analysis.

Continue reading "Few Resources Available for Tracking Missouri Hospital Errors" »

A head-on collision on U.S. 69 in the early morning of Monday, November 14, 2011 took the lives of a 29 year-old Overland Park woman and her 9 year-old daughter, the Kansas City Star reports. An SUV driven by Heidi Lynn Adams in the southbound lanes of U.S. 69 in Overland Park apparently crossed the 60-foot median just before 6 a.m. and struck two pickup trucks in the northbound lanes. Adams' two other daughters, ages 4 and 7, were also in the vehicle and survived with serious injuries. Drivers of the two trucks are expected to fully recover. Police have not released information as to what caused Adams' vehicle to cross the median.

In a similar accident during the afternoon on November 14, a woman, also 29 years old, died in a three-car crash on U.S. 63 in Oregon County, Missouri, when her vehicle struck an oncoming truck and then another vehicle in her lane of traffic. According to the Springfield News-Leader, the Jeep Grand Cherokee driven by Tiffany Smith on southbound U.S. 63 passed a Mercury Sable in a no-passing zone, hit a northbound Freightliner, then skidded into the Sable. Smith was pronounced dead at the hospital about two hours later.

The accident in Overland Park involved a multi-lane highway with only a grass median separating the north- and southbound lanes, allowing Adams' car to pass into oncoming traffic unobstructed. Kansas officials had already been in the process of reviewing placement of median barriers after several accidents occurred on Kansas 10 between Johnson County and Lawrence. They are looking for "hotspots," areas with a higher number of traffic fatalities than average where placement of cable barriers separating oncoming lanes of traffic could save lives.

The Star reports that the stretch of U.S. 69 where Adams' accident occurred had 215 accidents and 57 injuries over a five-year period, but no fatalities. The overall accident rate for that stretch of road is a fraction higher than the statewide rate. Missouri officials claim cable barriers save up to 45 lives per year, but some traffic experts caution that cables can cause problems as well. A University of Nebraska traffic specialist consulting with the Kansas Department of Transportation states that cables can sometimes cut off car roofs, with the expected risk to the car's passengers. The proper remedy for a given stretch of highway therefore depends highly on the specific conditions of that area.

Continue reading "Head-On Collisions Cause Several Traffic Fatalities on Kansas and Missouri Roads" »

With over 30 million people hitting the road to visit family and friends for Thanksgiving, expect highway traffic volumes to be considerably high. This congestion, coupled with the fact, that many are taking longer than normal trips, creates a heightened highwaysafety risk. While it is difficult to avoid traffic, buckle up, keep driver distractions to a minimum and drive defensively to minimize the chance of a collision.

Here are some reasons why Thanksgiving is traditionally the most dangerous holiday for motorists followed by tips to keep you safe.

1. Aggressive Driving. Holiday celebrations sometimes bring out the worst in us. The stress and ension of Thanksgiving travel cause drivers to speed up, make erratic lane changes, and follow too closely. To ease the pressure, decide upon an arrival time at your destination that will allow you to drive at a slower pace. Enjoy the journey and build in breaks and leisurely meals.

2. Drowsy Drivers. For many, Thanksgiving celebrations start early and end after dark making for a long day. Feasting and holiday activities make you tired and less alert. If you do have travel, prepare by getting restful sleep before your leave and take breaks to refresh. Switching drivers also helps.

3. Impaired Driving. Keep in mind that drunk driving and impaired driving are different. While several drinks may not make you drunk, it will impair your driving abilities, especially after a long day. Alcohol also interacts with your medications to cause you to be less focused. The best advice for drivers is to hold off on a drink until you are safe at your destination.

4. Road Hazards. Road hazards come in many forms. Some common hazards at Thanksgiving include vehicles parked on the shoulder due to mechanical problems or deer crossing the roadway. Drivers who are unfamiliar with the routes of travel also can become a road hazard for other motorists. Drivers should expect hazards and drive steady and alert.

Have a Safe & Happy Thanksgiving,
Douglas R. Horn

This email is a driver's safety alert from Douglas R. Horn, Lead Attorney of The Horn Law Firm, P.C. Mr. Horn is a personal injury lawyer who concentrates his law practice on motor vehicle crash cases causing serious injury.

Mr. Horn also devotes a significant part of his work to driver safety issues. His safety campaign, Drive By Example, is designed to influence drivers to use the highest degree of care and model the behaviors that protect themselves, their passengers, and other motorists.

An Ohio pharmacist received a six-month prison sentence after a medication error caused a two year-old child's death. In February 2006, Emily Jerry went into Rainbow Babies and Children's Hospital in Cleveland with her parents. She was there for her last chemotherapy treatment. A pharmacy technician prepared the medication for her treatment, but used the wrong saline dosage. Instead of the recommended one percent solution, the technician used a solution with twenty-three percent saline. When the treatment was administered to Emily, she reportedly began screaming and quickly fell into a coma. She died several days later.

An investigation into Emily's death found that, although the pharmacy tech claimed to have expressed concerns about the solution she had prepared, the supervising pharmacist, Eric Cropp, signed off on it. Cropp lost his pharmacist license, and prosecutors charged him with involuntary manslaughter in Emily's death. The pharmacy technician did not face any criminal liability. Evidence presented by the defense suggested that the busy and chaotic environment of the hospital, as well as a rush job on Emily's medication, contributed to a tragic accident. Cropp received a six-month prison sentence in 2009. Criminal liability for a pharmacists, or any medical professional, is rather rare, so the case resonated in the pharmacist community. With a felony conviction on his record, Cropp will never work as a pharmacist again, but the case has created benefits for patient safety in Ohio.

Ohio legislators introduced a bill in 2007 inspired by this case. At the time of Emily's death, Ohio did not require any specific educational background or license for pharmacy technicians. While pharmacists bear final responsibility for the technicians they supervise, technicians have a great deal of responsibility for the actual preparation of medications. Supporters of the bill noted the importance of ensuring a minimum level of competence as a means of avoiding future tragedies like Emily Jerry. The bill, known as Emily's Law, took effect when Ohio governor Ted Strickland signed it in January 2009.

Continue reading "Fatal Medication Error Results in Jail Sentence for Supervising Pharmacist, Inspires New Law" »

Many drivers are starting to realize that distracted driving is rising to epidemic levels in Kansas City. While texting while driving used to be limited to teen drivers, the advent of the smart phone has many adults multi-tasking behind the wheel. Many safety experts believe that the driving hazards are only going to get worse as cell phone popularity increases and technological advances expand.

While distracted driving has given rise to more "fender bender" type accidents, the bigger safety concern is on the congested interstates and highways. The statistics show that because of the absence of traffic control devices and the longer commute times, motorists are more likely to become distracted by their cell phones while highway driving. That, coupled with the fact they are driving at higher speeds, is a disaster waiting to happen. Not only are there more crashes, but the impacts tend to be more violent resulting in more serious injury and death.

As a Missouri Crash Lawyer, I am interested in solutions to the distracted driving crisis. In my opinion, the solution starts with changing the Missouri driving culture. To accomplish this we need for Missouri lawmakers to pass a distracted driving law that pertains to all drivers. Presently, Missouri has an anti-texting law that applies only to drivers who are 21 and younger. Second, we need to back up the new distracted driving law with enforcement. If you and I can tell who is distracted while driving, a police officer can as well. Third, safety awareness campaigns and mass media exposure are very helpful in changing driving culture. Not only could laws against distracted driving be publicized, but the campaigns can promote the life-changing consequence of a distracted driving accident. These campaigns could be state-sponsored or privately funded. Finally, teen driver education must emphasize the habits and behavior that lead to dangerous driving. There must be a respect for the other driver and we must teach new drivers that they must set an example.

In 2011, in order to contribute to a solution, I kicked off "Drive By Example". You can learn more about "Drive By Example" at hornlaw.com. Also, we have just gone live with www.hornlawprofile.com. This site capsulizes all of Horn Law's driving safety efforts.

Please email me at dhorn@hornlaw.com if you have a comment regarding any matter regarding driving safety or motor vehicle crash cases.

Stay Buckled & Alert,
Douglas R. Horn
Lead Attorney, Horn Law