Kansas City Injury Lawyer Blog

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.

As a Missouri car accident lawyer, I handle many accident cases caused by a teen driver. During the investigation stage of the case, I often find that the teen driver at fault was distracted by a passenger. Now, a new study corroborates this fact that a teen driver's risk of being involved in a collision is substantially increased by a teen passenger.

According to the study, when teenagers who said that they were distracted by something before they were involved in an accident, were surveyed, approximately 71% of male drivers said that the distractions came from their teenage passengers in the car. Among female teen drivers, 47% said that the distractions came from teenage passengers.

Another study by the Children's Hospital of Philadelphia finds certain common characteristics among teen drivers who have teen passengers in their car. According to the researchers, these teen drivers are much more likely to perceive themselves as 'thrill seekers', and perceive their parents as being unable to set rules. These teen drivers are also more likely to have a poor perception of the challenges and risks associated with distracted driving.

To help curb teen driver accidents, the State of Missouri has already enacted a Graduated Driver's License Law. Drivers with an "Intermediate License" must not have more than 1 passenger below the age of 19 in the car for the first 6 months after they receive their Intermediate License. After the first 6 months, there must be no more than 3 passengers in the car below the age of 19.

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.

A woman accused of a hit and run accident that killed a man on a Minneapolis highway is facing both criminal prosecution for vehicular homicide and a civil lawsuit for wrongful death. On the night of August 23, 2011, a car struck and killed 38 year-old Anounsone Phanthavong as he was putting gas in his stalled vehicle on the side of the Interstate 94 westbound entrance ramp. The car then fled the scene. Phanthavong was a popular chef at Minneapolis' Twin Cities Thai restaurant. Prosecutors have charged 45 year-old Amy Senser in Phanthavong's death based in large part on eyewitness accounts placing a vehicle like hers, a 2009 Mercedes ML350 SUV, at the scene of the accident.

The criminal case has generated a flurry of media reports about the evidence and motions presented so far, as well as questions and doubts as to whether Senser knew she had hit someone, whether she should be liable either criminally or civilly, and whether she was even the driver who struck Phanthavong. The case is set for trial to begin April 23, but it appears that the court will have many pretrial motions to consider first.

Witnesses have described a vehicle just like Senser's, but at least one witness described a driver who does not resemble Senser. The witness described a blond woman around 30 years of age, while Senser is a 45 year-old brunette. Police issued an alert that they were looking for a Mercedes SUV. The day after the accident, Senser's attorney directed police to her house, where they found the vehicle with damage to the front right side and a substance that looked like blood on the hood. Senser eventually admitted that she was driving the vehicle, but says she thought she had hit a piece of construction equipment.

To convict Senser of criminal vehiclular homicide, prosecutors must prove that she knew she had hit a person. Without that actual knowledge, her conduct does not fit the legal definition of "criminal" in this situation.

Phanthavong's family has also filed a civil lawsuit for wrongful death against Senser. The case recently resumed after a stay. All discussions related to the case are confidential, but it appears that the civil case will proceed alongside the criminal one. Prosecutors allege that Senser's cell phone records suggest that she was using her phone at the time of the accident. If true, this could benefit the family's lawsuit by supporting a negligence claim.

Continue reading "Alleged Hit and Run Accident Brings Both Criminal and Civil Claims" »

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.