In cooperation with the U.S. Consumer Product Safety Commission (CPSC), Wal-Mart Stores Inc., of Bentonville, Ark. and Toys R Us Inc., of Wayne, NJ are announcing the recall of about 21,000 inflatable Banzai in-ground pool water slides. During use, the slide can deflate, allowing the user to hit the ground underneath the slide and become injured. The slide is also unstable and can topple over in both still and windy conditions and carries inadequate warnings and instructions.

The CPSC is aware that a 29-year-old Colorado mother died in Andover, Mass. after fracturing her neck going down a Banzai in-ground pool water slide which had been placed over the concrete edge of a pool. The victim hit her head at the bottom of the slide because it had partially deflated.

The CPSC and the retailers are aware of two other injuries which have occurred in a similar manner, including a 24-year-old man from Springfield, Mo. who became a quadriplegic and a woman from Allentown, Pa. who fractured her neck.

The recall involves Banzai in-ground pool water slides designed for use with in-ground pools. The vinyl slides have a blue base, yellow sliding mat and an arch going over the top of the slide. By connecting a hose to the top of the slide, water can be sprayed on its downward slope. The words ‘Banzai Splash’ are printed in a circular blue, orange and white logo, shaped like a wave on either side of the slide.

The recalled slides, which were manufactured in China by Manley Toys, Ltd, were sold at Walmart and Toys R Us nationwide from January 2005 through June 2009 for about $250. The recalled slides have the barcode number 2675315734 and model number 15734. Both the barcode and model number appear on the original packaging but are not on the actual slide.

CPSC urges consumers to immediately stop using the product and return it to the nearest Walmart or Toys R Us for a full refund. Consumers can also cut the two safety warning notices out of the slide and just return that portion. For additional information from Walmart, call (800) 925-6278 between 7 a.m. and 9 p.m. CT Monday through Friday, or visit the firm’s website at www.walmartstores.com. For additional information from Toys R Us, call (800) 869-7787 between 9 a.m. and 9 p.m. ET Monday through Saturday and between 10 a.m. and 7 p.m. Sunday, or visit the firm’s website at www.toysrus.com

Read more: http://www.ky3.com/news/wpmt-pool-slides-recalled-after-woman-dies-20120510,0,5960415.story

If you or someone you love has been injured by a Bonzai in-ground pool waterslide, please contact the experienced Springfield product liability attorneys of Strong-Garner-
Bauer, P.C. at 417-887-4300.

Springfield Police are looking for the driver who hit a bicyclist and left the scene of the accident Friday morning.

It happened at National and Grand just after 8:00 AM. A man riding his bike north-bound in the crosswalk was hit by a car making a right turn on red.

The bicyclist was taken to the hospital, where he was treated and released.

As the weather warms, more and more bikers will be on the road. The attorneys at Strong-Garner-Bauer, P.C. urge motorists to keep a look out for bicyclists on the road. If you have been involved in a bicycle accident, please contact the experienced bicycle accident lawyers of Strong-Garner-Bauer, P.C. at 417-887-4300.

Three confirmed cases of salmonella in Greene county, Missouri have prompted the county to issue a warning regarding handling live chickens. The three cases are likely the result of local vendors selling live chickens.

Symptoms of salmonella may include diarrhea, vomiting, fever, and/or abdominal cramps. Severe infections can lead to hospitalization. Infants, elderly persons, and those with weakened immune systems are more likely than others to develop severe illness. Young children are especially at risk for illness because their immune systems are still developing and because they are more likely to put their fingers or other items into their mouths.

The warning provides the following tips for avoiding salmonella:

You can reduce the risk of salmonella infection from live poultry by doing the following:

Do not let children younger than 5 years of age handle or touch chicks, ducklings, or other live poultry without supervision.
Wash your hands thoroughly with soap and water immediately after touching live poultry or anything in the area where they live and roam. Avoid touching your mouth before washing your hands. Use hand sanitizer if soap and water are not readily available.
Adults should supervise hand washing for young children.
Wash hands after removing soiled clothes and shoes.
Do not eat or drink in the area where the birds live or roam.
Do not let live poultry inside the house or in areas where food or drink is prepared, served, or stored, such as kitchens, pantries, or outdoor patios.
If you have free-roaming live poultry, assume that where they live and roam is contaminated.
Clean equipment and materials associated with raising or caring for live poultry, such as cages, feed containers, and water containers, outside the house, not inside.

If you or someone you love have become ill with salmonella, please contact the experienced Springfield Salmonella attorneys of Strong-Garner-Bauer, P.C. at 417-887-4300.

Federal officials Thursday accused a Kansas City grain company of willfully ignoring workplace safety rules, leading to an explosion that killed six workers in Atchison last year.

“The deaths of these six workers could have been prevented had the grain elevator’s operators addressed hazards that are well known in this industry,” U.S. Secretary of Labor Hilda L. Solis said in announcing the citations and $406,000 in proposed fines against Bartlett Grain Co. L.P.
“Bartlett Grain’s disregard for the law led to a catastrophic accident and heartbreaking tragedy for the workers who were injured or killed, their families and the agricultural community,” Solis added.

The Labor Department’s Occupational Safety and Health Administration proposed the penalties after accusing the firm of five willful and eight serious workplace safety violations in the aftermath of the Oct. 29, 2011, explosion.

OSHA defines a “willful” violation as having been committed “with intentional knowing or voluntary disregard for the law’s requirements, or with plain indifference. …”

Specifically, OSHA investigators found that Bartlett allowed grain dust — which is estimated to be nine times as explosive as coal dust — to accumulate; removed dust without shutting down ignition sources; repeatedly started and stopped equipment to free up grain, and used inappropriate electrical equipment in a grain dust environment.

But Bartlett officials issued a strong denial Thursday, calling the federal citations “flawed,” and said that they take “extreme exception to the willful characterization.”

Company president Bob Knief said in a prepared statement that the cause of the accident is still undetermined and “we certainly look forward to proving wrong OSHA’s unfortunate citations and characterization.”

He noted that, while OSHA asserted that accumulated grain dust helped ignite the explosion, “the evidence is clear and incontrovertible that the grain and dust found by OSHA after the incident was deposited by the accident, and could not have been there prior to the accident.”

The explosion killed four Bartlett employees: Ryan Federinko, 21; Curtis Field, 21; and Chad Roberts, 20, all of Atchison; and John Burke, 24, of Denton; and two private grain inspectors, Travis Keil, 34, of Topeka, and Darrek Klahr, 43, of Wetmore.

Working in grain elevators is one of the most dangerous jobs in what has become America’s most hazardous industry: agriculture. And while deaths from grain elevator blasts such as the one in Atchison are rare, grain bin accidents such as suffocations remain all too common.

“This is a substantial fine,” said Ron Hayes, a workplace safety advocate whose son died years ago in a grain elevator suffocation accident. “But if this is a willful violation, OSHA should follow through and seek criminal charges, as they have historically done in cases like this.”

OSHA spokesman Scott Allen said that seeking criminal charges in the case is a matter for the Department of Labor’s Office of the Solicitor, adding “that decision has not been made as of yet.”

In addition to Bartlett Grain, OSHA also cited Topeka-based Kansas Grain Inspection Services Inc., a contractor employed by Bartlett, for one willful, one serious and one other-than-serious violation, and proposed $67,500 in fines against that company.

Officials at the Kansas Grain Inspection Service said Thursday in a statement that the citations “contradict OSHA’s own instructions that have governed our industry for more than 15 years.”

OSHA cited KGIS for failing to provide fall protection, but company officials noted that “the explosion that killed (our employees) didn’t have anything to do with a fall and, in fact, they weren’t even outdoors when the explosion took their lives.”

“We respectfully, but strongly disagree with OSHA and believe its treatment of KGIS is unfair,” they said. “We plan to appeal the citations and trust the OSHA Review Commission or, if necessary, a federal court will set them aside.”

Both companies have 15 business days to contest the proposed fines.

Read more here: http://www.kansascity.com/2012/04/12/3550908/kc-grain-company-fined-406k-for.html#storylink=cpy

Missouri state health officials have confirmed that five people from central Missouri, including two toddlers, have become contaminated with E coli since March. Although the exact cause of the contamination is yet to be known, health officials did say that three of the patients reportedly ingested raw dairy products. The health department says that the two year and seventeen month old remain hospitalized with life-threatening conditions affecting their kidneys. The other cases are from Cooper and Howard counties.

If you or someone you love has become ill from an e coli contaminated product, please contact the experienced Springfield, Missouri e coli lawyers of Strong-Garner-Bauer, P.C. at 417-887-4300.

You may think, if a doctor prescribes a medical treatment, it’s been thoroughly tested. For one type of treatment, however, you would be dead wrong. A Consumer Reports’ investigation found medical devices — like defibrillators, joint replacements, and even surgical mesh used to treat hundreds of thousands of women — may not be clinically tested at all.

Dr. Stephen Tower is an orthopedic surgeon. When the arthritis in his hip became too hard to bear, he opted for a metal-on-metal hip. The new hip, however, caused him so much pain, exhaustion, and depression that he had it removed.

The tissues around the hip had been destroyed, and metal debris was spreading down his thigh. Tower says normal friction in the artificial joint caused cobalt, a toxic metal, to be released into his body, leading to serious tissue, heart, brain, and thyroid problems.

Consumer Reports says this particular type of hip, called the ASR XL, was made of chrome cobalt metal, but it was never clinically tested before the Food and Drug Administration cleared it to be sold. Because of high failure rates and complications like Tower experienced, it’s now off the market.

Read more: http://www.ky3.com/news/ky3-consumer-reports-most-medical-implants-have-never-been-tested-for-safety–20120329,0,5914319.story

While metal-on-metal hips have been widely criticized, a Consumer Reports’ investigation found there are other dangerous devices that are being implanted.

Hundreds of thousands of women have had mesh slings inserted to support internal organs as they age, such as the uterus and bladder. Again, those products were never clinically tested before being marketed for that use.

The FDA’s own database shows thousands of complaints about the mesh, including debilitating infections. Yet it’s still on the market and not even classified as high-risk.

Consumer Reports believes the FDA should require rigorous testing for implantable devices, just as it does for prescription drugs.

Consumer Reports also urges creating a national registry to keep track of implanted medical devices and to be able to alert patients if there is a problem. Currently there is no such tracking in the U.S., and it’s estimated only a fraction of device problems actually do get reported

If you or someone you love has been negatively impacted by an implanted medical device, please contact the experienced Springfield medical device attorneys of Strong-Garner-Bauer, P.C. at 417-887-4300.

When you take out an insurance policy for property, health, or life insurance benefits, you have a right to receive benefits promptly when you file a legitimate claim. The insurance industry has expended a great deal of money and lobbying efforts to ensure that there is no single federal agency that oversees their policy and benefits practices. The result has been that Missouri is required to oversee bad faith insurance practices, which gives the insurance industry lobbyists more personal and direct access and influence. The following case out of California illustrates the risk an insurance company faces in denying your claim:

An elderly Hollywood Hills resident whose home was nearly destroyed when a dump truck crashed into it, rupturing a gas line and causing an explosion, was awarded more than $8 million after jurors found that his insurance company of more than 50 years failed to honor its contract.

The Los Angeles County Superior Court jury last week found that Residence Mutual Insurance Co. not only acted with malice and fraud in failing to fulfill its $220,000 policy with Robert Christopher, who was 86 at the time of the 2008 accident, but noted that its conduct was directed at a senior citizen, who is considered under California law more vulnerable than other members of the population.

“The insurance company did everything possible to try and torpedo this World War II veteran’s case,” said attorney Mark Geragos. “You wouldn’t treat your worst enemy the way this insurance company treated this policyholder of more than 50 years. This should be a message to insurance companies that you never put your interests before the interests of the insured.”

Attorneys for Residence Mutual Insurance, headquartered in Irvine, could not be reached for comment.

Christopher, a longtime Hollywood character actor, and his partner, Patricia Freiling, were inside their Alcyona Drive home in January 2008 when a dump truck hauling dirt away from a nearby construction site failed to negotiate a sharp turn. The truck was turning right at a nearly 90-degree angle from steep Primrose Avenue.

The 33-foot-long truck, which held 15 tons of dirt, toppled over on its side and slammed into their residence. The impact severed a gas line, setting off an explosion. Flames and smoke quickly enveloped the house.

The pair were trapped inside for nearly 20 minutes until they were able to dislodge a sliding door, according to court records. Christopher, a Marine Corps veteran, hurt his back trying to flee, and Freiling chipped a tooth and reinjured a previously broken wrist.

Despite the trauma of the incident, co-counsel Brian S. Kabateck said Christopher believed he could rebuild his home by getting the trucking company to compensate him through its insurance while also collecting on his homeowner’s policy, which he had purchased during the Eisenhower administration.

Residence Mutual not only held back payment, Geragos said, but charged Christopher for work done by an engineering firm as well as another company that charged him $20,000 to pack up his belongings for storage.

Geragos and Kabateck also successfully argued that the insurance company interfered in Christopher’s lawsuit against the construction company and the city.

On Friday, after a day of deliberation and a week of trial arguments, the jury awarded Christopher a combined $8,062,850 in economic, noneconomic and punitive damages.

In addition, Christopher recovered another $450,000 from the city, which settled with him in a lawsuit over the condition of the roadway.

Read More: http://www.ky3.com/mobile/movies/la-me-0318-fire-settlement-20120318,0,6598465.story

If you or a loved one have fallen victim to a denied or partially paid insurance claim, please contact the experienced Springfield bad faith insurance attorneys of Strong-Garner-Bauer, P.C. at 417-887-4300.

Missouri Lawyers Weekly recently published an article recounting the Greene County trial of Lewis v. Busco Inc. The plaintiff, Daniel Lewis was represented by Springfield Lawyer of the Year Steve Garner. The article reads as follows:

A Greene County jury awarded nearly $1 million to a Republic man whose car was hit by a charter tour bus headed to Branson in a 2007 accident.

That Nov. 18, Daniel Lewis, then 37, was driving his 1990 Honda Accord on Route N in southwest Missouri. A charter bus heading the opposite direction on the rural road turned in front of Lewis’ car and struck the driver’s side, according to the plaintiff’s attorneys’ written case description. James P. Mailen of Lawrence, Kan., was driving the bus.

Lewis, a concrete finisher, suffered back and spine injuries that have left him unable to work, said attorney Steve Garner, who took over the case in November, a month before the trial, after Lewis’ first lawyers stepped aside. Neither Mailen nor the bus passengers were injured. The bus driver had made a wrong turn and was trying to get back onto Interstate 44, Garner said.

Lewis sued the bus driver and Busco Inc., which owned the bus, in November 2009. The Norfolk, Neb., company does business as Arrow Stage Lines.

A four-day jury trial began on Dec. 19. In his opening arguments, Garner told the jury of his client’s history of methamphetamine abuse and “petty crimes that go along with people who have substance abuse problems.” Lewis’ rap sheet includes previous convictions for burglary, drug possession and drunken driving, court records show. He was also on probation at the time of the trial.

Lewis’ drug addiction prevented him from being treated with prescription painkillers, Garner said.

“He has chronic pain and can’t take painkillers other than over-the-counter medicine,” he said. “The jury was good to their promises not to consider [his drug abuse]. I think lawyers give it a lot more credence than jurors do.”

Lewis agreed to dismiss Mailen, the bus driver, from the case two weeks before trial.

“I didn’t see any need to drag that guy to court,” Garner said. “Ultimately, insurance is responsible. I didn’t want the jury to feel sorry for this driver.”

On cross-examination, defense attorney Dana Mark Harris elicited testimony from Lewis’ doctor that the accident victim’s injuries could have been “psychologically perpetuated.” The physician also said Lewis was “doctor shopping” in an attempt to obtain prescription narcotics.

“It appeared to me that the complaints went beyond the normal healing course,” Harris said. “His treating doctor agreed with me.”

During jury deliberations, Garner and Harris reached a high-low agreement, calling for a minimum payment to Lewis of $175,000 and a maximum of $1 million. On the trial’s fourth day, the jury returned a plaintiff’s verdict of $941,000.

Harris said he was disappointed in the verdict but didn’t plan to appeal.

Read more: http://molawyersmedia.com/blog/2012/03/12/drug-addicted-plaintiff-wins-southwest-mo-trial/

If you or a loved one have been injured in a car accident, please contact the experienced Springfield car accident attorneys of Strong-Garner-Bauer, P.C. at 417-887-4300.

Goodyear announced this week that it would recall 41,000 of its wrangler silent armor tires. These tires were produced in 2009 and in 2011 at least two people have died as a result of a small tear in the tire

“A small number of tires within this population may experience a partial tread area separation under certain severe usage conditions,” Goodyear said in a February 22 letter to theNational Highway Traffic Safety Administration. “Use of these tires in severe conditions could result in partial tread separation which could lead to vehicle damage or a motor vehicle crash.”

If you or someone you love has been injured by a faulty Goodyear tire, please contact the experienced Springfield product liability attorneys of Strong-Garner-Bauer, P.C. at 417-887-4300.

A Belleville nursing home was sued today for wrongful death by the family of a man who wandered away from the facility last month and was found dead less than a block away.

Aubrey Giles, 75, who had dementia, was reported missing from Midwest Rehab and Respiratory nursing home on January 14. His body was found two days later in a frozen ravine near the nursing home. A preliminary medical investigation determined hypothermia was the cause of death.

The four count lawsuit filed in St. Clair County alleges the nursing home was negligent, violated various state regulations, and failed to provide adequate supervised care. The suit was filed by O’Fallon, Ill., lawyer Staci M. Yandle, on behalf of Terri Dancy and Linda Woods, the administrators of Giles’ estate.

Earlier this month, the incident spurred the Illinois Department of Public Health to issue eight citations against the nursing home.

Read more: http://www.stltoday.com/news/local/illinois/belleville-nursing-home-sued-over-death-of-man-who-wandered/article_6f8acf74-5cc8-11e1-aae7-0019bb30f31a.html#ixzz1n4oPrORp

If you or someone you know has been injured while staying in a nursing home, please contact the experienced personal injury attorneys of Strong-Garner-Bauer, P.C. at 417-887-4300.

One person was killed and two others injured today in a three-vehicle crash on Olive Boulevard, police said.

A black sport utility vehicle eastbound on Olive crossed the center line and struck two westbound vehicles about 11 a.m., said Capt. Steve Lewis of the Chesterfield Police Department.

The crash at Olive Boulevard at Creve Coeur Mill Road shut down the westbound lanes road until about 3:45 p.m., Lewis said. The SUV crossed into the westbound lanes, first struck a white pickup and then hit a four-door silver sedan.

Police late Tuesday did not know what caused the crash.

Police withheld identities of those involved late Tuesday. The person in the silver car died at a hospital, Lewis said. Two people in the SUV were hospitalized. A person in the white pickup was not hurt.

Read more: http://www.stltoday.com/news/local/metro/one-dead-two-injured-in-chesterfield-crash/article_6a71c638-5cb8-11e1-bf0b-0019bb30f31a.html#ixzz1n4mt2QCX

If you or a loved one have been injured in a car accident, please contact the experienced Missouri car accident attorneys of Strong-Garner-Bauer, P.C. at 417-887-4300.

The Greene County Health Director is giving credit to his team in tracing the source for E.coli bacteria that made three folks sick in the Springfield area.

Kevin Gipson says epidemiologists and food safety inspectors were able to isolate bacteria from bad sprouts used in making Jimmy John’s sandwiches. That detective work contributed to a larger investigation by the Centers for Disease.

He also says the risk for further exposure has passed. The infections occurred during the second week in January.

The FDA has identified seeds from a common source used to grow clover sprouts that later made a dozen people sick in five states.

Read more: http://www.ktts.com/news/139479713.html

If you or a loved one have been infected with E. coli, please contact the experienced personal injury attorneys of Strong-Garner-Bauer, P.C. at 417-887-4300.

The Greene County Health Director is giving credit to his team in tracing the source for E.coli bacteria that made three folks sick in the Springfield area.

Kevin Gipson says epidemiologists and food safety inspectors were able to isolate bacteria from bad sprouts used in making Jimmy John’s sandwiches. That detective work contributed to a larger investigation by the Centers for Disease.

He also says the risk for further exposure has passed. The infections occurred during the second week in January.

The FDA has identified seeds from a common source used to grow clover sprouts that later made a dozen people sick in five states.

Read more: http://www.ktts.com/news/139479713.html

If you or a loved one have been infected with E. coli, please contact the experienced personal injury attorneys of Strong-Garner-Bauer, P.C. at 417-887-4300.

The Greene County Health Director is giving credit to his team in tracing the source for E.coli bacteria that made three folks sick in the Springfield area.

Kevin Gipson says epidemiologists and food safety inspectors were able to isolate bacteria from bad sprouts used in making Jimmy John’s sandwiches. That detective work contributed to a larger investigation by the Centers for Disease.

He also says the risk for further exposure has passed. The infections occurred during the second week in January.

The FDA has identified seeds from a common source used to grow clover sprouts that later made a dozen people sick in five states.

Read more: http://www.ktts.com/news/139479713.html

If you or a loved one have been infected with E. coli, please contact the experienced personal injury attorneys of Strong-Garner-Bauer, P.C. at 417-887-4300.

Raw sprouts from the sandwich chain Jimmy John’s have been linked to an outbreak of foodborne illness – again.

The federal Centers for Disease Control and Prevention said Wednesday that 12 cases of E. coli poisoning in five states are linked to raw clover sprouts eaten at Jimmy John’s restaurants. The outbreak comes a year after raw alfalfa sprouts from one of the chain’s suppliers were linked to 140 salmonella illnesses. Sprouts from the chain’s suppliers were also linked to a 2009 salmonella outbreak in several Midwestern states and were suspected in an E. coli outbreak in Boulder, Colo. in 2008.

Illinois-based Jimmy John’s declined to comment on the outbreak. After the salmonella outbreak a year ago, the company said it would switch from using alfalfa sprouts to using clover sprouts because they are easier to clean. But federal regulators warn against eating all raw sprouts, which are one of the most frequent perpetrators of foodborne illness.

Though they are often touted as a health food, sprouts need warm and humid conditions to grow, encouraging bacterial growth. Many restaurants have stopped serving them after multiple outbreaks, and the government recommends that the very young, elderly, pregnant and others with compromised immune systems stay away from raw sprouts completely. Fully cooked sprouts are safe to eat.

According to the CDC, there have been at least 30 outbreaks associated with raw or lightly cooked sprouts in the United States in the last 15 years and even more around the world, including a 1996 outbreak in Japan that sickened thousands of people with E. coli. Fenugreek sprout seeds from Egypt are thought to have caused a major outbreak of E. coli poisoning in Europe last year that killed more than 50 people.

Illnesses in the current outbreak were reported in Iowa, Missouri, Kansas, Arkansas and Wisconsin. The illnesses occurred between Dec. 25 and Jan. 15 and two of the victims were hospitalized.

In most sprout outbreaks the restaurant is not to blame for the contamination itself. Contamination usually happens when the seeds are grown or harvested and is often impossible to wash off.

Food safety lawyer Bill Marler has represented victims in the three previous sprout outbreaks potentially linked to Jimmy John’s. He has pushed the FDA to require warning labels on sprouts and praises restaurants that have taken them off the menu.

“You have to wonder what this company is thinking,” he said.

Read more: http://www.huffingtonpost.com/2012/02/16/jimmy-johns-e-coli_n_1281448.html?ref=food

If you or a loved one have been infected with E. coli, please contact the experienced personal injury attorneys of Strong-Garner-Bauer, P.C. at 417-887-4300.

Raw sprouts from the sandwich chain Jimmy John’s have again been linked to an outbreak of foodborne illness, including three cases in the Springfield, Mo. area.

The federal Centers for Disease Control and Prevention said Wednesday that 12 cases of E. coli poisoning in five states are linked to raw clover sprouts eaten at Jimmy John’s restaurants. The outbreak comes a year after raw alfalfa sprouts from one of the chain’s suppliers were linked to 140 salmonella illnesses. Sprouts from the chain’s suppliers were also linked to a 2009 salmonella outbreak in several Midwestern states and were suspected in an E. coli outbreak in Boulder, Colo. in 2008.

Illinois-based Jimmy John’s declined to comment on the outbreak. Springfield-Greene County health officials said the local restaurants cooperated with the investigation. The infections occurred between Jan. 7 and Jan. 13 and there is not an ongoing health risk to customers, according to the health department.

After the salmonella outbreak a year ago, the company said it would switch from using alfalfa sprouts to using clover sprouts because they are easier to clean. But federal regulators warn against eating all raw sprouts, which are one of the most frequent perpetrators of foodborne illness.

Though they are often touted as a health food, sprouts need warm and humid conditions to grow, encouraging bacterial growth. Many restaurants have stopped serving them after multiple outbreaks, and the government recommends that the very young, elderly, pregnant and others with compromised immune systems stay away from raw sprouts completely. Fully cooked sprouts are safe to eat.

According to the CDC, there have been at least 30 outbreaks associated with raw or lightly cooked sprouts in the United States in the last 15 years and even more around the world, including a 1996 outbreak in Japan that sickened thousands of people with E. coli. Fenugreek sprout seeds from Egypt are thought to have caused a major outbreak of E. coli poisoning in Europe last year that killed more than 50 people.

Illnesses in the current outbreak were reported in Iowa, Missouri, Kansas, Arkansas and Wisconsin. The illnesses occurred between Dec. 25 and Jan. 15 and two of the victims were hospitalized, neither in Missouri.

In most sprout outbreaks the restaurant is not to blame for the contamination itself. Contamination usually happens when the seeds are grown or harvested and is often impossible to wash off.

Food safety lawyer Bill Marler has represented victims in the three previous sprout outbreaks potentially linked to Jimmy John’s. He has pushed the FDA to require warning labels on sprouts and praises restaurants that have taken them off the menu.

“You have to wonder what this company is thinking,” he said.

Read more: http://www.stltoday.com/news/science/tainted-sprouts-again-linked-to-jimmy-john-s/article_b09b0ae9-2f09-52b0-ac7f-0f4376aa9ce1.html#ixzz1mbriduRt

Greene County’s top disease investigator said today that the source of the E. coli outbreak that has sickened people in five states appears to be sprout seeds that were sold to growers.

“It is believed to be the seeds that were the problem,” said Kendra Williams, the county administrator for community health and epidemiology.

Three of the E. coli cases linked to eating raw sprouts that are being investigated by federal health officials were in Greene County, local health officials said.

Williams said three women between the ages of 25 and 49 got sick with cramps and bloody diarrhea. The Springfield- Greene County Health Department investigated and found that each woman had eaten a sandwich with raw clover sprouts from Jimmy John’s.

Williams said three different Jimmy John’s restaurants were involved. She said the restaurants in Springfield had obtained the sprouts from a farm in Kansas, but neither the restaurants or the farm appeared to be the source of the contamination.

When county health inspectors visited the Jimmy John’s restaurants, they didn’t find any contaminated sprouts. Williams said the contaminated spouts had apparently been used.

John Hershberger, the owner of Sweetwater Farms in Inman, Kan., said federal investigators have not conclusively linked the seeds to the outbreak. He said an investigator from the U.S. Department of Food and Drug Administration was at his farm last week but didn’t find any contamination at the farm.

“They don’t know that for a fact,” Hershberger said of a possible link to the seeds.

Hershberger said he had voluntarily withdrawn clover sprouts from the market.

The Centers for Disease Control and Prevention announced Wednesday that it is collaborating with state and local public health officials in multiple states to investigate an outbreak of E. coli linked to eating raw sprouts. Using DNA “fingerprinting” of the E. coli bacteria and cross-referencing it with a national database, public health officials have confirmed that the bacterium is responsible for infection of 12 people in five states.

None of the three local cases resulted in hospitalizations.

Health officials said the local infections occurred between Jan. 7 and Jan. 13. At this point, there is no reason to believe there is an ongoing exposure risk at local restaurants.

“Jimmy John’s has been extremely cooperative and has taken all necessary steps to protect food safety at its locations,” said Health Director Kevin Gipson. “They took our investigation seriously and treated it with prompt attention.”

Read more: http://www.news-leader.com/article/20120216/NEWS01/302160087/Three-cases-ecoli-raw-sprouts-Greene-County?odyssey=tab|topnews|text|FRONTPAGE

If you or a loved one have been infected with E. coli, please contact the experienced personal injury attorneys of Strong-Garner-Bauer, P.C. at 417-887-4300.

Greene County’s top disease investigator said today that the source of the E. coli outbreak that has sickened people in five states appears to be sprout seeds that were sold to growers.

“It is believed to be the seeds that were the problem,” said Kendra Williams, the county administrator for community health and epidemiology.

Three of the E. coli cases linked to eating raw sprouts that are being investigated by federal health officials were in Greene County, local health officials said.

Williams said three women between the ages of 25 and 49 got sick with cramps and bloody diarrhea. The Springfield- Greene County Health Department investigated and found that each woman had eaten a sandwich with raw clover sprouts from Jimmy John’s.

Williams said three different Jimmy John’s restaurants were involved. She said the restaurants in Springfield had obtained the sprouts from a farm in Kansas, but neither the restaurants or the farm appeared to be the source of the contamination.

When county health inspectors visited the Jimmy John’s restaurants, they didn’t find any contaminated sprouts. Williams said the contaminated spouts had apparently been used.

John Hershberger, the owner of Sweetwater Farms in Inman, Kan., said federal investigators have not conclusively linked the seeds to the outbreak. He said an investigator from the U.S. Department of Food and Drug Administration was at his farm last week but didn’t find any contamination at the farm.

“They don’t know that for a fact,” Hershberger said of a possible link to the seeds.

Hershberger said he had voluntarily withdrawn clover sprouts from the market.

The Centers for Disease Control and Prevention announced Wednesday that it is collaborating with state and local public health officials in multiple states to investigate an outbreak of E. coli linked to eating raw sprouts. Using DNA “fingerprinting” of the E. coli bacteria and cross-referencing it with a national database, public health officials have confirmed that the bacterium is responsible for infection of 12 people in five states.

None of the three local cases resulted in hospitalizations.

Health officials said the local infections occurred between Jan. 7 and Jan. 13. At this point, there is no reason to believe there is an ongoing exposure risk at local restaurants.

“Jimmy John’s has been extremely cooperative and has taken all necessary steps to protect food safety at its locations,” said Health Director Kevin Gipson. “They took our investigation seriously and treated it with prompt attention.”

Read more: http://www.news-leader.com/article/20120216/NEWS01/302160087/Three-cases-ecoli-raw-sprouts-Greene-County?odyssey=tab|topnews|text|FRONTPAGE

If you or a loved one have been infected with E. coli, please contact the experienced personal injury attorneys of Strong-Garner-Bauer, P.C. at 417-887-4300.

Authorities in St. Louis say the pedestrian killed along Interstate 55 was a man in his 60s who was trying to help a friend who ran out of gas.

A semi struck the man Wednesday night as he standing on the left shoulder of I-55, trying to fill the gas tank of the disabled car. The victim’s name has not been released.

Investigators say the truck driver stopped. Charges are not expected.

All lanes of southbound I-55 were closed for more than two hours.

Read More: http://www.news-leader.com/article/20120202/NEWS11/302020082/ST-LOUIS-INTERSTATE-PEDESTRIAN-KILLED?odyssey=obinsite

If you or a loved one have been seriously injured in a pedestrian accident, please contact the experienced personal injury attorneys of Strong-Garner-Bauer, P.C. at 417-887-4300.

On the day jury selection was to begin in a wrongful death lawsuit in the case of a 16-year-old St. Joseph boy who died when he was hit by a school bus , a multi-million dollar settlement was reached.

Mason Adams was s truck by a First Student Inc., school bus on Nov. 15, 2010 when walking to school. He was about three-tenths of a mile from Lafayette High School, where he was a junior.

Mason’s mother filed the wrongful death lawsuit against First Student and the bus driver, and were awarded a $5 million judgment on Monday.

In First Student taking responsibility for Mason’s death, his mother, Bridget Blasi, got what she really wanted, according to an email from her attorney.

Blasi spoke with 41 Action News Reporter Beth Vaughn in front of the Buchanan County Courthouse. She said, “I had been waiting on an apology. I had been waiting on them to say ‘We’re responsible for your son’s death.’ Today, they finally said that.”

Blasi is hoping to use the settlement money to build a baseball park in St. Joseph and to continue a scholarship fund in Mason’s name.

She explained tearfully, “Mason was #24. He was a competitive baseball player and he loved baseball.”
Blasi imagined what Mason might say to her now, saying, “You did it Mom. You fought for me and for what’s right and I’m so proud of you.”

We did some checking, and the St. Joseph School District pays First Student about three million dollars per year for its service. The company owns 60,000 buses nation-wide that is uses in 42 states.

Video was released for the first time Monday showing the bus driver, Tracey Jones, entering a fogged and frosted bus. The video shows Jones leaving the bus barn before clearing the windows. Shortly thereafter, Adams was struck and killed.

Attorney Michael Kuckelman explained what he’s argued for the past year, “A bus driver driving a 26,000 pound bus down the streets of St. Joseph with frost or dew on the windows, when she can’t see out, is like a 26,000 pound missile going down St. Joseph Avenue.”

He continued, “I think the amount of the settlement speaks volumes to how bad the case was.”

The St. Joseph School District tells 41 Action News it’s undecided if First Student will provide its transportation next year. The district is in the midst of a bidding process that is slated to end next week.

First Student refused to comment on the settlement.

Read more: http://www.nbcactionnews.com/dpp/news/region_missouri/5-million-settlement-reached-in-fatal-St-Joseph-school-bus-wreck#ixzz1lewML7PZ

If you or someone you know has lost someone they love, please contact the experienced personal injury attorneys of Strong-Garner-Bauer, P.C. at 417-887-4300.

In the state of Missouri, it is legal to talk on the phone while driving a passenger vehicle. But the law regarding cell phone usage while operating a commercial vehicle has changed. Depending on the weight of the truck, a new federal mandate states that those driving a commercial vehicle must use a “one touch” method if they wish to talk on the cell phone while driving.

“It would be a hands free device,” said Sgt. Bernhardt.

“A one touch telephone call can be made utilizing a cell phone only if it can be done while the driver is seat belted in the seat of a commercial vehicle. Commercial motor vehicle drivers can no longer hold the cell phone in their hand to make a call or answer a call, unless it is being used in an emergency or to contact law enforcement to report crashes, or intoxicated drivers.”

Bernhardt said that several months ago, the Department of Transportation set a mandate that it is against the law to text while operating a commercial vehicle. There are also restrictions for young drivers regarding texting and driving.

“In the state of Missouri, it is illegal for anyone 21 or younger to operate a motor vehicle and send or receive a text or use a mobile data device,” Sgt. Bernhardt said.

Bernhardt mentioned that this law also applies to those 21 and younger participating in activities such as reading Facebook feeds on smart phones while driving. Although it is legal for those over 21 to text while driving in the state of Missouri, Sgt. Bernhardt said it is certainly not the safest thing to do while out on the roads.

“Obviously texting or talking on the cell phone is a very unsafe driving practice because when you’re talking on the cell phone, when you’re texting, that takes your eyes off of the roadway and gives you an increased chance of being involved in a traffic crash . ”

Here are the Missouri State Highway Patrol statistics to prove his claim. In 2010, there were 151,353 car crashes in the State of Missouri. Of those crashes, 21 people were killed due to the driver using a cell phone at the the time of crash. 558 were injured. Also, there were 1,772 traffic crashes in 2010 due to driving and using a cell phone. In regards to commercial vehicles, they were involved in nine percent of all traffic crashes in 2010. In those crashes, 105 people were killed and 4,007 were injured.

Read More: http://www.heartlandconnection.com/news/story.aspx?id=711970

If you or a loved one have been involved in a trucking accident, please contact the experienced trucking accident lawyers of Strong-Garner-Bauer, P.C. at 417-887-4300.

In the state of Missouri, it is legal to talk on the phone while driving a passenger vehicle. But the law regarding cell phone usage while operating a commercial vehicle has changed. Depending on the weight of the truck, a new federal mandate states that those driving a commercial vehicle must use a “one touch” method if they wish to talk on the cell phone while driving.

“It would be a hands free device,” said Sgt. Bernhardt.

“A one touch telephone call can be made utilizing a cell phone only if it can be done while the driver is seat belted in the seat of a commercial vehicle. Commercial motor vehicle drivers can no longer hold the cell phone in their hand to make a call or answer a call, unless it is being used in an emergency or to contact law enforcement to report crashes, or intoxicated drivers.”

Bernhardt said that several months ago, the Department of Transportation set a mandate that it is against the law to text while operating a commercial vehicle. There are also restrictions for young drivers regarding texting and driving.

“In the state of Missouri, it is illegal for anyone 21 or younger to operate a motor vehicle and send or receive a text or use a mobile data device,” Sgt. Bernhardt said.

Bernhardt mentioned that this law also applies to those 21 and younger participating in activities such as reading Facebook feeds on smart phones while driving. Although it is legal for those over 21 to text while driving in the state of Missouri, Sgt. Bernhardt said it is certainly not the safest thing to do while out on the roads.

“Obviously texting or talking on the cell phone is a very unsafe driving practice because when you’re talking on the cell phone, when you’re texting, that takes your eyes off of the roadway and gives you an increased chance of being involved in a traffic crash . ”

Here are the Missouri State Highway Patrol statistics to prove his claim. In 2010, there were 151,353 car crashes in the State of Missouri. Of those crashes, 21 people were killed due to the driver using a cell phone at the the time of crash. 558 were injured. Also, there were 1,772 traffic crashes in 2010 due to driving and using a cell phone. In regards to commercial vehicles, they were involved in nine percent of all traffic crashes in 2010. In those crashes, 105 people were killed and 4,007 were injured.

Read More: http://www.heartlandconnection.com/news/story.aspx?id=711970

If you or a loved one have been involved in a trucking accident, please contact the experienced trucking accident lawyers of Strong-Garner-Bauer, P.C. at 417-887-4300.

A second person has died from a crash in Branson Monday (1-16).

The Taney County coroner says 90 year old Lucille Hoegerl, Harrison, AR, died two days after a pickup and car collided on Shepherd of the Hills Expressway in Branson. Coroner Kevin Tweedy tells KSPR News, Hoegerl was a passenger in a car that was hit by a pickup driven by Angus Walker who also died in the crash.

The 42 year old Walker was a Western Taney County Firefighter. Authorities say his pickup crossed the center line and crashed into the car driven by Toni Hoegerl. The 65 year old Harrison, AR woman is recovering in a Springfield hospital.

Read More: http://articles.kspr.com/2012-01-19/ar-woman_30645350

If you or a loved one have been injured in a car accident, please contact the experienced Springfield car accident attorneys of Strong-Garner-Bauer, P.C. at 417-887-4300.

A second person has died from a crash in Branson Monday (1-16).

The Taney County coroner says 90 year old Lucille Hoegerl, Harrison, AR, died two days after a pickup and car collided on Shepherd of the Hills Expressway in Branson. Coroner Kevin Tweedy tells KSPR News, Hoegerl was a passenger in a car that was hit by a pickup driven by Angus Walker who also died in the crash.

The 42 year old Walker was a Western Taney County Firefighter. Authorities say his pickup crossed the center line and crashed into the car driven by Toni Hoegerl. The 65 year old Harrison, AR woman is recovering in a Springfield hospital.

Read More: http://articles.kspr.com/2012-01-19/ar-woman_30645350

If you or a loved one have been injured in a car accident, please contact the experienced Springfield car accident attorneys of Strong-Garner-Bauer, P.C. at 417-887-4300.

According to the National Highway Traffic Safety Administration (NHTSA), 30,797 people died in fatal motor vehicle crashes across the U.S. in 2009. The Missouri Department of Public Safety reported 821 fatal motor vehicle accidents in Missouri alone in 2010.

More people are buckling up these days, but a recent study indicates there is one group that still remains vulnerable to injury in an accident. The bad news is that there may not be much they can do about it. According to a University of Virginia study published in the October edition of the American Journal of Public Health, women are more likely to be injured in car accidents than men. The disparity between genders is due in large part to vehicle safety feature design.

Study results

Researchers examined NHTSA motor vehicle accident data from 1998 through 2008. The women drivers in the study were an average of five and a half inches shorter than the men, an average of 35 pounds lighter, less likely to be overweight and more were driving newer passenger cars at the time of their accidents. Even after controlling for these and other variables, researchers found that women wearing seatbelts were 47 percent more likely to suffer injuries than male drivers wearing seatbelts. Women tended to have more spine and chest injuries than men drivers in crashes that were comparable in severity. Women also suffered more injuries in their lower extremities than men did.

Vehicle Safety Features

Researchers suggest that the reason for the higher risk of injuries for women drivers lies in the fact that safety equipment in vehicles does not take into account the differences in women’s bodies. The way that vehicle manufacturers position seat belts, for example, does not factor in women’s neck strength and musculature, their height or the differences in how women sit in car seats. Engineers usually design car safety features with men’s bodies in mind. Those differences may contribute to greater injuries by women.

Researchers noted that women were more vulnerable to injury in car accidents and that federal regulations need to focus on reducing the gender disparity in vehicle safety standards.

If you or a loved one have been injured in a car accident, please contact the experienced Springfield car accident lawyers of Strong-Garner-Bauer, P.C. at 417-887-4300.