BWS IS SAFE AND OPEN FOR BUSINESS

We are happy to report that BWS attorneys and staff are safe following the tornado that devastated Joplin on May 22nd. BWS attorneys and staff escaped the tornado unharmed with only minor damage to homes and property. Our office on 32nd Street in Joplin also escaped mostly undamaged. We were without power for a week, but power has been restored, and we are open for business. We were very, very lucky.

Unfortunately, many in Joplin were not so lucky. We have been part of the Joplin community for 30 years, and many of our attorneys and staff were born and raised in this community. The loss of life and utter devastation experienced by our community is heartbreaking. Our prayers go out to all those impacted by the tornado.

Yet, even with all this devastation, rays of hope shine through. The citizens of Joplin have shown tremendous resolve, and the stories of individual heroism displayed by so many in the face of unthinkable peril are truly inspiring. Joplin is down, but not out (not even close). Joplin has shown the world how to persevere in the face of seemingly overwhelming adversity. We are very proud to be citizens of Joplin.

Much work lies ahead in the coming months and years. There will be ups and downs to this recovery, but we know one thing with certainty: JOPLIN WILL REBUILD BIGGER AND BETTER THAN EVER. We intend to do our part. We will raise money, collect donations, clear brush, plant trees, volunteer legal services, and do whatever else we can to rebuild Joplin. We hope you will too. It will take all our efforts to rebuild Joplin.

STUDY SHOWS MEDICAL MALPRACTICE LAWSUITS NOT THE CAUSE OF HIGH HEALTHCARE COSTS

The civil tort system in our country serves two important purposes. The system (1) compensates injured victims for the harm they have suffered and (2) holds wrongdoers accountable for their actions, which gives them and all others a financial incentive to avoid carelessness. Healthcare is an area in which the civil tort system is particularly important. When healthcare providers are careless, patients can be seriously injured, or even killed.

Tort reform advocates argue that medical malpractice lawsuits, and the cost of insurance doctors carry cover these claims, are major contributors to out of control healthcare costs. Tort reform advocates typically argue for arbitrary damage caps that severely limit the damages paid to injured victims of medical error. A recent Harvard study shows that tort reform advocates are wrong. Medical malpractice lawsuits are not the cause of high healthcare costs.

According to the Harvard study, which was published in the Health Affairs Journal, the medical malpractice system only makes up 2.4% of the total amount spent on healthcare in America. This includes settlements paid to victims, malpractice insurance, and all the legal costs associated with the process.

While reforming healthcare in America is a complicated issue, including tort reform is a mistake. Tort reform will benefit only insurance companies without any significant reduction in the cost of health care. Even if you could eliminate all the costs associated with medical malpractice cases, which is impossible even with the most aggressive tort reform measures, you are barely making a dent in the overall cost of healthcare. This is certainly not the massive cost controlling tool that tort reformers claim and it comes with an incredible human cost. Many people that are seriously injured by medical errors would have their settlements or verdicts limited arbitrarily, perhaps leaving them unable to pay for their recovery.

Keep this in mind the next time you hear commercials or politicians talking about tort reform.

HIP IMPLANT RECALL

Johnson & Johnson’s artificial joint company DePuy Orthopaedics Inc. has issued a GLOBAL RECALL of two of its metal-on-metal hip replacement systems: the ASR Hip Resurfacing System and the ASR XL Acetabular System. DePuy sold approximately 93,000 of these systems.

DePuy Orthopedics Press Release on the recall is as follows:

"Data recently received by the company shows that more people than expected who received the ASR Hip System experienced pain and other symptoms that led to a second hip replacement surgery, called a revision surgery. For this reason, DePuy Orthopedics is voluntarily recalling its 'ASR XL Acetabular System and DePuy ASR Hip Resurfacing System'. This recall means additional testing and treatment may be necessary to ensure the hip is functioning well. In some cases, patients may need additional surgery."

Unfortunately, many patients have had to endure hip replacement surgeries within 12 to 24 months of the hip implants. The hip implants failed after just a few years. Common Symptoms include the following:

1. Constant hip pain
2. Thigh and/or groin pain
3. Pain while walking
4. Weight-bearing pain
5. Pain rising from a seated position

Please contact us at 1-800-371-8220 if you’re experiencing hip pain, loosening of the hip or device, had a replacement surgery or any additional hip surgery after your DePuy hip replacement.

TOYOTA ANNOUNCES ANOTHER VEHICLE RECALL

Toyota has been known for years as a car maker that produces economical, safe and reliable vehicles. This reputation has been seriously damaged over the past year by a series of recalls announced for Toyota vehicles. Toyota’s problems continue. Toyota has announced yet another recall of several hundred thousand vehicles. This recall was necessary because of steering problems on certain models. Specifically, the models that are being recalled have a defective steering lock bar that could break under certain conditions. This defect could cause drivers to lose control of their vehicles leading to serious auto accidents. This recall comes on the heels of at least 8 million other vehicles being affected by Toyota recalls in the past year, and it also comes just days after the company was served with a subpoena from a federal grand jury that is looking into other steering problems with Toyota vehicles.

If you or a family member has been injured by a defective Toyota vehicle, contact Buchanan Williams & Stilley today 1-800-371-8220 to schedule a free initial consultation.

DEADLY HIGHWAY ACCIDENTS INVOLVING TRACTOR TRAILERS DOWN

The Missouri Department of Transportation (MoDOT) recently reported that deadly crashes involving semi trucks have decreased by almost half since 2005, from 173 to 88. MoDOT released a report about the decrease in fatal semi truck accidents in honor of National Truck Driver Appreciation Week, Sept. 19 through 25.

MoDOT cites several reasons for this decline. MoDOT itself deserves some credit for engineering efforts like visibility improvements and rumble stripes that keep drivers in their own lanes. Fatal crashes caused by lane departure fell by more than half in the period under study -- from 136 to 62. There was a particularly steep decline in fatal crashes caused by vehicles crossing the median of a divided highway and veering into oncoming traffic. Those crashes declined by 85 percent, from 20 to 3.

The bad economy has also reduced deadly accidents involving tractor trailers because both passenger cars and commercial trucks are traveling less. When accidents do occur, emergency response personnel are doing a better job of responding to them. MoDOT says emergency response time has improved in both Kansas City and St. Louis. Tom Crawford, president of the Missouri Trucking Association, added that some of the credit also belongs to professional truck drivers who practice defensive driving and pay attention.

Whatever the reasons for the decrease in deadly accidents, let's hope this encouraging trend continues.

TESTING TRUCKERS FOR SLEEP APNEA

The Federal Motor Carrier Safety Administration is engaged in ongoing talks focused on combating trucker health issues like sleep apnea, a major problem contributing to tractor trailer accidents.

Sleep apnea is a condition in which a narrowing or closure of the upper airway during sleep causes repeated sleep disturbances, and possible complete awakenings, leading to poor sleep quality and excessive daytime sleepiness.

This fatigue can lead to very serious truck accident injuries once the driver gets behind the wheel. Fatigue is a significant contributing factor in as many as one out of every seven tractor trailer crashes.

Sleep apnea is closely associated with being overweight. Truck drivers are particularly susceptible to being overweight because of the nature of their job. Trucking requires a driver to sit for eight hours or more each day with limited opportunities for exercise. As a result, as many as 40 percent of truck drivers are classified as significantly overweight.

Truck drivers receive medical exams every couple years, but it has never been required that they be tested for sleep apnea as part of the exam. That may change. The Medical Review Board of the FMCSA has recommended that CDL holders with a body mass index (BMI) of 30 or higher be tested for sleep apnea. A BMI of 30 or greater – 220 pounds for a 6-foot-tall person – puts people at risk for developing obesity-related medical conditions such as sleep apnea. Nearly a third of Americans are clinically obese.

CONTINGENCY FEE ARRANGEMENTS PROTECT THOSE THAT HAVE BEEN INJURED

Large corporations and insurance companies have the resources to pay attorneys $250 to $500 per hour to defend claims brought by injured people. However, most injured people do not have the resources to pay an attorney such an hourly rate to recover the compensation they are owed. For this reason, BWS, and most other injury attorneys, will handle cases for injured people on a contingency fee basis. This means the attorney is paid only if he or she recovers compensation for the injured person. The attorney will be paid a percentage of the amount recovered. A contingency of 33% is customary. A 40% contingency percentage is sometimes used in more complex cases. If the attorney does not recover compensation for the injured person, the attorney does not get paid for the time spent on the case, which can be substantial.

While many accident victims understand that the attorneys’ fee is contingent on winning the case, most do not fully grasp the extent to which a contingency fee can insure full compensation for medical expenses and property damage or loss. Imagine you are involved in an accident. Your injuries prevent you from working, and your savings are insufficient to cover your exorbitant medical bills, let alone pay an attorney $250-$500 dollars an hour to represent you. The contingency-fee arrangement protects you, deferring legal expenses until you recover the compensation you are owed.

Additionally, a contingency fee ensures that your interests are aligned with your attorney’s interests. While an attorney working on an hourly basis gets paid whether or not his client wins the case, an injury attorney working on a contingency fee basis only gets paid if you win the case. An injury attorney working under a contingency fee is also motivated to maximize your recovery because the higher your recovery, the more the attorney gets paid.

Many critics of attorneys claim contingency fees cause frivolous lawsuits. The opposite is true. Personal injury lawsuits require much effort and expense. An injury attorney must hire experts to help build the case, which can cost the attorney $30,000 to $100,000 in some cases. Attorneys are not reimbursed for these expenses if they lose the case. It is not unusual for the attorney and staff to put more than 200 hours into a case. Too many lost cases can cause an attorney to go out of business. Consequently, smart injury attorney only take cases that have merit and are likely to lead to a favorable verdict if the case goes to trial.