Kansas City Injury Lawyer Blog

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 The assistant did not realize, apparently, that the vaccine was about five months out of date.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" »