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Missouri Medical Malpractice Law
 

State of Missouri vs. Sheena Marr

On August 20, 2014, between 8:00 and 10:00 p.m., Higginsville Police Officer Danny
Logan (a K9 unit narcotics officer) received a dispatch indicating that there was a stranded motorist
on Highway 13, just south of I-70. When Officer Logan located the vehicle, he activated his
emergency lights for safety reasons, ran the vehicle’s Kansas license plate, and then approached
the v... More...
   $0 (09-15-2016 - MO)

Jefferson City Apothecary, LLC d/b/a Jefferson City Apothecary and Uldis Pironis, R.Ph. vs. Missouri Board of Pharmacy

Jefferson City Apothecary, LLC (“Apothecary”) and Mr. Uldis Pironis (“Pironis”) appeal
the judgments of the Circuit Court of Cole County (“circuit court”) affirming the joint decisions
of the Administrative Hearing Commission (“AHC”) and the Missouri Board of Pharmacy
(“Board”), which decisions found cause to discipline and imposed discipline on the Apothecary’s
pharmacy permit... More...
   $0 (09-15-2016 - MO)

State of Missouri v. Katie Sprock

Union, MO - Jury Finds Motorist Guilty of Third-Degree Assault

The State of Missouri charged Katie Sprock, age 26, with third-degree assault, a Class A misdemeanors, arising out of a motor vehicle accident involving a MoDot vehicle in a work zone.

Section 565.083 for the Revised States of Missouri (RSMo) provides:

Until December 31, 2016--Assault of a law enforcement of... More...
   $0 (08-21-2016 - MO)

Samantha Jenkins v. City of Jennings, Missouri

St. Louis, MO - Missouri City Settles Debtors' Prison Civil Rights Violation Claims

Samantha Jenkins and others sued The City of Jennings on civil rights violation theories claiming:

1. The Plaintiffs in this case are each impoverished people who were jailed by the City
of Jennings because they were unable to pay a debt owed to the City from traffic tickets or other
minor... More...
   $4700000 (07-17-2016 - MO)

State of Missouri vs. Chad Daniel Terry Jr.

On the evening of October 29, 2013, Erik Schwartz ("Schwartz") was in the
process of moving into his mother's residence in Independence, Missouri. He spent the
evening unloading his belongings from his SUV. At approximately 1:00 a.m. on October
30th, Schwartz's mother went outside her home and asked Schwartz to turn off his SUV
and come into the house. Schwartz responded tha... More...
   $0 (07-12-2016 - MO)

Ronald Malam vs. State of Missouri, Department of Corrections

Mr. Malam was employed by the Missouri Department of Corrections
(employer) as a corrections officer. While at work, Mr. Malam executed a
“takedown” on an uncooperative inmate. Mr. Malam initially experienced only an
adrenaline rush. As he escorted the inmate to his housing unit, Mr. Malam
became short of breath and began spitting up blood. Mr. Malam was taken by
ambul... More...
   $0 (06-28-2016 - MO)

State of Missouri ex rel. Attorney General Chris Koster and the Missouri Petroleum Storage Tank Insurance Fund Board of Directors vs. ConocoPhillips Company and Phillips 66 Company, and Cory Wagoner

On April 23, 2013, the Board filed suit against Phillips alleging that Phillips
improperly obtained reimbursement from the Fund. Wagoner moved to intervene as a
matter of right and, with that motion, Wagoner tendered a motion to dismiss the Board’s
suit for the court’s consideration should intervention be granted. On November 13, 2014,
the trial court entered an interlocutory... More...
   $0 (06-28-2016 - MO)

State of Missouri vs. Jason R. Shell

In January 2012, Defendant and James Eyman (Decedent) were planning to buy heroin.
In text messages, Decedent told Defendant that he had $40 to put toward the purchase.
Combined with Defendant’s $30, the men were able to purchase seven doses of heroin.
Defendant contacted his heroin dealer and purchased all $70 worth of heroin, to be paid back by
Decedent when they met up la... More...
   $0 (05-31-2016 - MO)

State of Missouri vs. Markus Michael A. Patterson

Mr. Markus Michael A. Patterson appeals his conviction for the class D felony
of tampering with physical evidence, for which he was sentenced as a prior and
persistent offender to six years in the Department of Corrections. We affirm.
Viewing the evidence in the light most favorable to the conviction, Marshall,
Missouri, Police Officer Joey Valiquette1 stopped Mr. Patterson o... More...
   $0 (05-12-2016 - MO)

State of Missouri vs. Milas W. Morse

In June 2013, the State charged Morse, as a persistent offender, with one count of first
degree assault, serious injury (§ 565.050, RSMo1) and one count of armed criminal action
("ACA") (§ 571.015.1), for knowingly stabbing Trenton George with a dangerous instrument,
causing serious physical injury. 1Statutory references are to the Re... More...
   $0 (05-12-2016 - MO)

State of Missouri vs. Richard L. Evans

The sufficiency of the evidence to support Evans's conviction is not in
dispute. In the summer of 2011, the victim, a 13-year-old girl, was living with her
mother and Evans, who was her stepfather. One day in July 2011, while the
victim's mother was at work, Evans called the victim into his room so that she
could say good night to him. When she came in, Evans pushed her so t... More...
   $0 (05-04-2016 - MO)

State of Missouri vs. Derek T. Hubbard

On November 11, 2011, 17-year-old Allen Richardson ("Allen")3 was at home
with his father and mother, Carlos Richardson ("Mr. Richardson") and Mary Richardson
("Mrs. Richardson"). Stephanie Brown ("Brown"), Mr. Richardson's cousin, and her
friend Jackie Kincy ("Kincy") came to the Richardsons' home that evening, and the adults
were drinking, dancing, and listening to music. A... More...
   $0 (05-04-2016 - MO)

Gloria Ristesund v. Johnson and Johnson Company

St. Louis, MO - Johnson & Johnson Loses Another Baby Powder Case

Gloria Ristesund, age 61, sued Johnson and Johnson on a products liability theory claiming that the Baby Powder and Shower to Shower products that she purchased and used for years was defective and unreasonably dangerous and caused her to develop ovarian cancer.

Ms. Ristesund, 62, was diagnosed with ovarian cancer i... More...
   $55000000 (05-03-2016 - MO)

State of Missouri vs. David E. Smith

On July 1, 2013, Defendant was charged with the above crimes for his alleged
involvement in an incident involving Florentino Marquez Tellez (“Victim”). Defendant was
tried by a jury on November 3-7, 2014, and he does not challenge the sufficiency of the evidence
to support his convictions.
A. Evidence Presented at Defendant’s Jury Trial
Viewed in the light most favorab... More...
   $0 (04-06-2016 - MO)

Richard D. Davis vs. State of Missouri

In May 2006, police discovered Spicer’s body in a shallow grave in Lafayette
County. Movant was identified as a suspect in that investigation. Search warrants
executed on Movant’s apartment and workplace recovered numerous items, including a
video camera and several videotapes. The videotapes depicted Movant and his girlfriend
repeatedly physically and sexually assaulting Sp... More...
   $0 (04-06-2016 - MO)

State of Missouri vs. Tawanda Kunonga

Kunonga does not challenge the sufficiency of the evidence to support his
convictions of murder in the first degree and armed criminal action. We view the
evidence in the light most favorable to the verdict. State v. Driskill, 459 S.W.3d 412, 423
(Mo. banc 2015).
Latoya Hopkins ("Hopkins") was found dead in her home on June 15, 2010. She
had been brutally beaten and s... More...
   $0 (03-29-2016 - MO)

State of Missouri vs. S.F.

Defendant was told that she tested positive for HIV in 2003. At that time, she
received counseling from her physician regarding the consequences of having HIV.
Several years later, Defendant engaged in sexual intercourse with Victim. She did not
disclose to Victim that she was HIV positive before having sexual intercourse with him.
Defendant was charged with the class A fel... More...
   $0 (03-15-2016 - MO)

Marvin Salter, administrator of the Estate of Jacqueline Fox, deceased, v. Johnson & Johnson

St. Louis, MO - Marvin Slater sued Johnson & Johnson on a products liability wrongful death theory claiming that Defendnt's baby products including baby power and Shower to Shower contain talcum direct caused his Mother, Jackie Fox, age 62, to develop ovarian cancer and die claiming:

Plaintiffs bring this cause of action against Defendants pursuant to Rule 52.05(a)
of the Missouri Ru... More...
   $72000000 (02-24-2016 - MO)

United States of America v. Lynn Jordan

Kansas City, MO - Former Daycare Owner Pleads Guilty to Failing to Pay $891,000 in Taxes

The former owner of two daycare businesses in Parkville, Mo., and Platte City, Mo., pleaded guilty to failing to pay $891,572 in payroll and other taxes to the Internal Revenue Service.

Lynn Jordan, 47, of Parkville, Mo., waived her right to a grand jury and pleaded guilty before U.S. Distric... More...
   $0 (02-22-2016 - MO)

United States of America v. Dr. Michael "Ted" Mimlitz

St. Louis, MO - West County Doctor Pleads Guilty to Distributing Mexican Human Growth Hormone Drugs to Local Patients

DR. MICHAEL "TED" MIMLITZ pled guilty to distributing misbranded Human Growth Hormone (“HGH”) to local patients at his St. Louis County medical clinic between March 2014 and June 2015.

According to court documents, under federal law, doctors can lawfully prescribe... More...
   $0 (01-14-2016 - MO)

United States of America v. Shelby J. Coleman

Springfield, MO - Tulsa Physician Pleads Guilty to Producing Child Porn

A Tulsa, Okla., physician pleaded guilty in federal court today to using a minor to produce child pornography.

Shelby J. Coleman, 38, of Tulsa, pleaded guilty before U.S. Magistrate Judge David P. Rush to the sexual exploitation of a child. Coleman, a medical doctor and partner of Tulsa Women’s Health Center,... More...
   $0 (01-12-2016 - MO)

United States of America v. Rex Yang, Jake Schwartz and Casey Lee Ross

Kansas City, MO - Six Defendants Plead Guilty to $100 Million Software Piracy Scheme

A Seattle, Wash., man has become the sixth defendant convicted in federal court for his role in one of the largest software piracy schemes ever prosecuted by the U.S. Department of Justice.

“An investigation that began in Kansas City, Mo., uncovered one of the largest software piracy schemes ever... More...
   $0 (12-17-2015 - MO)

Natalie R. DePriest vs. State of Missouri

Prior to the events in this case, Movant had been living in a residence with her brother David DePriest ("Brother") for about seventy days. Brother had lived in the residence for about six months, prior to which he had lived in Colorado where he was licensed to legally grow marijuana. In August of 2011, Police executed a search warrant at the residence shared by Movant and Brother. During the se... More...   $0 (11-28-2015 - MO)

Reginald Clemons vs. Steve Larkins

Reginald Clemons was convicted of two counts of first-degree murder and
sentenced to death for the April 5, 1991 murders of sisters, Julie Kerry and Robin Kerry.
Mr. Clemons filed a petition for a writ of habeas corpus in this Court, seeking to vacate
his convictions because he claims that newly discovered evidence shows that he was
prejudiced when the state violated Brady v. ... More...
   $0 (11-24-2015 - MO)

Paul M. Lang and Allison M. Boyer, vs. Dr. Patrick Goldsworthy, et al

Family members (Plaintiffs) filed a wrongful death action alleging that the
negligent chiropractic services of Dr. Patrick Goldsworthy, Dr. Aston Goldsworthy, and
Patrick L. Goldsworthy (Defendants) caused the death of Michael Lang, their relative.
Plaintiffs timely filed an affidavit stating that they obtained the written opinion of a
qualified health care provider in support... More...
   $0 (10-13-2015 - MO)

Vicki Lockwood v. Carolyn Colvin

The ALJ found that Lockwood has severe impairments -- fibromyalgia, diabetes, migraines, Dercum’s disease, and myofascial pain syndrome -- but these impairments in combination do not medically equal the severity of a listed impairment in 20 C.F.R. Part 404, Subpart P, Appendix 1. Considering the entire record, the ALJ then found that Lockwood has the residual functional capacity (RFC) to perform ... More...   $0 (10-11-2015 - MO)

Bruce Smith v. ConocoPhillips Pipe Line Co.

Phillips 66 (Phillips) owns a petroleum products pipeline which runs through
the town of West Alton, Missouri. After a leak in the line was discovered in 1963,
its source was repaired, but the contamination at the leak site was not remediated. In
2002 contaminants from the leak were discovered in a family residence in West
Alton. Phillips purchased and demolished this property as w... More...
   $0 (09-15-2015 - MO)

United States of America v. Dr. Mel E. Lucas and Patterson Medical Clinic, Inc.

St. Louis, MO - Physician and Clinic Sentenced on Health Care Related Charges

DR. MEL E. LUCAS and PATTERSON MEDICAL CLINIC, INC. were sentenced for receipt of misbranded drugs and false statement charges respectively. Both were sentenced to three years of probation.

In addition, Dr. Lucas and Patterson Medical Clinic entered into a civil settlement agreement with the United Sta... More...
   $0 (09-02-2015 - MO)

Danelle Hollingsworth v. City of St. Ann

Danelle Hollingsworth was detained for booking at the police station in St.
Ann, Missouri, after an arrest for stealing wine coolers from a convenience store at
a gas station. When she refused a directive from police and corrections officers to
change from her street clothes into an orange jumpsuit, a police officer stunned her
with a Taser device to encourage compliance.
Holli... More...
   $0 (09-03-2015 - MO)

Renee Sneitzer v. Iowa Department of Education

K.S. was 16 at the time of the proceedings before the ALJ, and in addition to Asperger Syndrome, she has also been diagnosed with obsessive compulsive disorder, mood disorder, adjustment disorder, and Tourette's syndrome. These diagnoses significantly affect K.S.'s communication, socialization, and behavior. K.S. was a freshman and sophomore at Cedar Rapids Kennedy High School during the 2010-11... More...   $0 (08-08-2015 - MO)

David Behlmann v. Century Surety Company

After a car accident, David Behlmann sued his insurer, Century Surety Co., for
underinsured motorist benefits. The jury found for Century. Behlmann requested a
new trial, challenging the evidence on the value of his medical treatment and the
strike of the only African-American venireperson. The district court1 denied a new
trial. Behlmann appeals. Having jurisdiction under 28 U.S.C... More...
   $0 (07-24-2015 - MO)

State of Missouri v. Richard Duane "Rick" Dye

Joplin, MO - The State of Missouri charged Richard "Rick" Dye, age 49, with burglary and assault and battery in as a result of an attack on Marlena Hall, age 36, in 2013. The State claimed that Dye broke Halls neck when he attacked her.

Court docket entries:

07/24/2015 Court Trial Held
Case called for third day of trial by jury July 24, 2015. State appeared by Assist... More...
   $0 (07-25-2015 - MO)

State of Missouri v. Brian Adkison

Boonville, MO - The State of Missouri charged Brian Adkison, age 25, with rape and deviate sexual assault for raping his ex-girlfriend in 2013. The victim testified that she awoke about 5:30 a.m. on May 4, 2013 to find the Defendant in her bedroom and he forcibly raped her. She and the Defendant had dated for a time in 2011 and had intermittent contact with her before May 4, 2013. The victim is a... More...   $0 (07-18-2015 - MO)

Stevon Anzaldua v. Northeast Ambulance and Fire

Stevon Anzaldua worked for the Northeast Ambulance and Fire Protection
District (“Fire District”) as a full-time paramedic and firefighter. After the Fire
District suspended Anzaldua for purportedly failing to respond to a directive issued
by Chief Kenneth Farwell, Anzaldua emailed a newspaper reporter expressing
concerns about the Fire District and about Chief Farwell in particula... More...
   $0 (07-10-2015 - MO)

Phil Rosemann v. Martin Sigillito

Phil Rosemann appeals the district court’s adverse grant of summary judgment
in this diversity action alleging legal malpractice against now-disbarred attorney
Martin Sigillito. We agree with the district court that in negligence cases like this
one, Missouri law requires expert-witness testimony about the duty of care owed.
Without providing an expert, Rosemann’s claim is inva... More...
   $0 (05-04-2015 - MO)

United States of America v. John S. Wayne

KANSAS CITY, MO – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Kansas City, Mo., man who was injured while setting a house on fire and forced to shed his burning pants in the street, pleaded guilty in federal court to his role in a nearly $1.2 million arson and insurance fraud conspiracy.

John S. Wayne, 31, of Kansas City, pleaded guilty... More...
   $0 (03-16-2015 - MO)

Jimmie Lee Taylor v. The Bar Plan Mutual Insurance Company

An attorney advised his client to make loans both to his law firm and to a business from which he received a commission for the referral. The attorney did not make a written disclosure or advise his client to seek independent legal advice, both of which are required by the rules of professional responsibility when entering a self-interested business transaction with a client. The loans were never ... More...   $0 (03-10-2015 - MO)

Sam Prach vs. Darman (Prach) Westberg

Ms. Darman Westberg (“Mother”) appeals the judgment of the Circuit Court of Boone County, Missouri (“trial court”), denying Mother’s motion to modify the judgment of dissolution of marriage between Mother and Mr. Sam Prach (“Father”). Specifically, Mother sought to modify the terms of the parenting plan by changing their children’s residence for mailing and educational purposes fro... More...   $0 (03-03-2015 - MO)

State of Missouri v. Nicholas B. Ibarra

Springfield, Greene County, MO - The State of Missouri charged Nicholas B. Ibarra with unlawful use of a weapon.

Court docket entries for this case:

12/31/2014 Partial Payment
A Payment of -$9.17 was made on receipt 31GR655818, leaving a case total balance of $342.33. /vll

10/09/2014 Partial Payment
A Payment of -$15.00 was made on receipt 31GR6328... More...
   $0 (11-04-2013 - MO)

United States of America v. Phillip Edward Psaltis

SPRINGFIELD, MO – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Kimberling City, Mo., man who worked as an emergency room physician pleaded guilty in federal court today to failing to file tax returns despite earning hundreds of thousands of dollars in income each year.

Phillip Edward Psaltis, 64, of Kimberling City, waived his right to a... More...
   $0 (10-09-2014 - MO)

 
 
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