Springfield, MO May 26, 2009 — In the United States, there are about 28 million individuals with hearing impairments, ranging from mild to severe deafness. Missouri is home to several world-class facilities serving this population, such as the St. Joseph Institute in University City and the Central Institute for the Deaf in St. Louis. Our state is a destination.
What this figure means is that 1 in 12 of us has some sort of difficulty hearing or understanding speech or other sounds. This difficulty increases in many cases, where the sound is being reproduced electronically, for example when watching television.
So an activity that most of us see as a relaxing, daily pursuit can become a frustrating one for some of us. Such people have a special need that can make enjoyment of TV programming difficult, in many situations. Sounds may be difficult to discern, speech interpretation may be problematic, the blend of frequencies within the broadcast spectrum may cause differing levels of sound to be either imperceptible or difficult to decode, depending on the type and severity of the impairment. In social or domestic situations this possibly means the need to have the volume very high, or to have special hearing help, to enjoy the programming. This can also be an irritant for others in the environment.
However, since the 1980s, help has been available with most television broadcast programming, in the form of closed-captioning. It began, in that decade, as a feature available only for those in possession of a decoder. But since the early 90’s, when President Bush Sr. signed legislation mandating the feature as a standard option to be incorporated in all TV sets of over 13” picture-tube size to be manufactured after 1993, the capability has been widely available as a simple push-button choice for those who need it. There is now even a bilingual capability available, within the feature.
Attorney Aaron Sachs, whose principal office is in Springfield, with local offices in Joplin and Columbia, takes pride in being the exclusive sponsor of the closed-captioning feature on three local TV stations KOLR-10, Ozarks Fox and KY3, which operate in and around the Springfield, Mo area. He previously sponsored similar services for KSN, the NBC affiliate in Joplin, Mo. On the first two stations, the captions appear in real time, making use of sophisticated voice-recognition software to transcribe the speech. However, in the case of KY3, the process goes through a human interface, in the form of a person who types the information from the sound signal, as it is broadcast during the 5 pm, 6 pm and 10 pm news. Though this process may seem more cumbersome and certainly is more expensive to operate, it is more accurate, since it avoids many problems and pitfalls inherent in the mechanical process, an example being the mistranscription of homonyms; words that sound alike, but which have different meanings. The results may otherwise be confusing.
Sachs is dedicated to community service. His law practice deals with a great many clients who have been injured or disabled in serious accidents. The human impact of a catastrophic injury can be tremendous. Sachs also has spent time reading to hearing impaired elementary-school children at the Holland School, Springfield, in conjunction with station KY3. It’s Sachs’ express opinion that “serving citizens with all forms of injury or disability is a real need in our community. It’s important to make things a little easier for a population who, through injury, illness or genetics, wouldn’t otherwise have access to the simple enjoyment of what most of us take for granted. The benefits are priceless to those people who need them. We who can use all our senses unimpaired don’t necessarily comprehend just what a difference those white letters on the black background at the bottom of the screen make, in the lives of people with hearing impairments.”
“Our intention and desire is to give everyone, all across the Ozarks, the opportunity and the capability to stay informed about events and news that affects them,” Sachs adds. “As corporate citizens, we are committed to community service: it’s a small price to pay to show our gratitude to the folks served by both our law offices and the TV stations in our area. Our firm’s dedication to preventing members of our community started over a decade ago, when we began to distribute safety helmets for children in the community. And we’re still at it. To date we have given away over 18,000 safety helmets.”
The Aaron Sachs Associates law firm’s offices are located in Springfield, Columbia and Joplin, Missouri. Their community-service outreach program is detailed on their website: www.autoinjury.com under the “community service” header.
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Have you heard about the latest FDA warning against the dietary pill Hydroxycut? I am attorney, Aaron Sachs. We will discuss why the product is being recalled and why potentially dangerous dietary supplements like it are still being sold at healthfood stores nationwide in this week’s Legally Speaking.

Question 1: I think we’ve all seen ads for Hydroxycut, but what is exactly is it and why is it being recalled?
Hydroxycut was one of the most popular weight loss supplements available. Commonly found in national chains such as Vitamin Cottage and GNC, the makers claimed it boosted your metabolism and energy while curbing your appetite. It was marketed as “all natural,” which many consumers take to mean “healthy” and regulated in some way.
The FDA issued a warning against using the product on May 1 after receiving 23 reports of Hydroxycut-related adverse effects, including liver damage requiring a liver transplant, seizures, cardiovascular disorders, elevated liver enzymes (an indicator of potential liver injury), and jaundice. In 2007, a 19-year-old man died of liver failure after using Hydroxycut.
The makers on Hydroxycut, Iovate Health Sciences of Oakville, Ontario, has voluntarily recalled 14 of its products.
More than 9 million units of the brand were sold last year.
Question 2: This product has been around for a while, how did it get on the market if it can cause health problems?
This warning highlights one of the problems within the FDA concerning supplements. Dietary supplements aren’t as tightly regulated by the government as medications.
In fact, manufacturers don’t need to prove to the FDA that their products are safe and effective before they can sell them to consumers. Manufacturers of dietary supplements are themselves responsible for ensuring and documenting the safety and efficacy claims of their products. The FDA’s role regarding supplements only comes into play after the product has been released. The FDA then relies on voluntary reports to detect problems. Unfortunately, many cases are never reported leaving consumers at risk for potentially unsafe products.
A dietary supplement is defined in part as products taken by mouth that contain a “dietary ingredient.” Dietary ingredients include vitamins, minerals, amino acids, and herbs or botanicals, as well as other substances that can be used to supplement the diet.
Question 3: How often do these types of warnings occur?
The FDA issues warnings on products and ingredients almost daily but most are not widely used products. The last warning to garner a lot of attention was for the stimulant ephedra, an ingredient that used to be in many supplements, which was taken off the market in 2004 after causing the death in 2003 of Baltimore Orioles pitcher Steve Bechler, and adverse health effects in thousands of others.
Question 4: What can be done to insure that this doesn’t happen again?
With the recall of such a popular dietary supplement such as Hydroxycut, many groups are calling for congress to reform how dietary supplements are regulated. One group, Reality Coalition, argues that the Dietary Supplement Health and Education Act, or DSHEA, does little to protect consumers from unsafe supplements like Hydroxycut until it’s too late. They say their needs to be an FDA review process for all over-the-counter weight loss products before they are available to consumers.
Bottomline: Always consult with a healthcare professional before taking any dietary supplements. If you experience any adverse effects after taking a dietary supplement, immediately report them to your physician and the FDA.

Legally speaking is written to inform the public of current issues brought to you from the law offices of Aaron Sachs Associatesserving the areas of Springfield, Joplin and Columbia MO.

Recently the Columbia Tribune reported that four Columbia teenagers were injured in a car accident on a Sunday. “The car traveled across the highway, slid sideways and struck a tree,” the newspaper reports, and then, most upsetting of all it goes on to report, “None of the teens was wearing a seat belt, the highway patrol said.”
Why can’t we get teens to wear seatbelts? We make every effort with driver education and with laws, but still teenagers don’t wear their seatbelts.
Is there something inherently “uncool” about not wanting to die, suffer permanent disability, brain damage paralysis or other horrific personal injury from a car accident?
Why can’t we get teenagers to consistently wear their seatbelts?
The more important question is How can we get teen drivers and passengers to do so?
We’ve got to figure out a way to reach them. How many more kids have to get injured and die before kids get it?
These are the questions troubling my mind today.

Aaron Sachs and Associates was pleased to have been the the Host Sponsor of the Brain Injury Association of Missouri’s Survivor and Family Seminar which was held on Saturday, April 4, 2009 at the Catherine McAuley Conference Center at St. John’s Mercy Medical Center, 1234 E. Cherokee, Springfield, Missouri.

Here is a card that was received by Sachs:

Springfield, MO May 1, 2009 — Southern Gospel legend Dottie Rambo was killed in an accident last Mother’s day, Sunday, May 11, 2008, when her tour bus ran off the highway and struck an embankment near Springfield, Missouri. She was pronounced dead at the scene. Dottie, age 74 at the time of the accident was on her way to North Richland Hills, Texas to perform a Mother’s Day show with Lulu Roman & Naomi Sego. Dottie’s following was significant in terms of both her fans and other performers, some of legendary status themselves. Her musical legacy had been adopted and recorded by artists from Elvis Presley to Dolly Parton. Her death was seen as a tragedy for gospel-music lovers all over America. The wounds are still open for many of her fans, especially those in southwest Missouri, where she died.

Seven other people on the bus, including her manager Larry Ferguson and his wife and two children, were injured in the accident. At the time, Gene Higgins, President of the Christian Country Music Awards, stated: “We miss you, Dottie… Now our prayers and concerns must turn to the others that were injured in the accident. Larry Ferguson is a dear friend of ours and our prayers are with him and his family at this time.” The Fergusons were hospitalized in Springfield, and are still dealing with the impact of their serious injuries. The family, who were devoted friends and helpers of Dottie Rambo, are now seeking legal redress from the driver of the bus used for the singer’s transportation, as well as the company that held the lease for the vehicle. The suit names James R. Meadows, who was driving the coach at the time of the accident; Pyramid Coach, Inc; D. C. Investments Leasing LLC; Obsidian Enterprises Inc and Reba Rambo McGuire, administrator of Rambo’s estate. “Some earlier press reports stated that weather played a part in causing this accident,” said Aaron Sachs, Springfield, MO attorney for the Ferguson family. “That’s just not so; it was due to operator error.”

The Ferguson family was an instrumental part of Dottie Rambo’s ministry. As well as being friends, they also assisted as her authorized care givers and in the operation of the widely-loved gospel singer’s ministry. Larry Ferguson served as her road manager, setting up for each show. Judy, his wife, also injured in the crash, served as Dottie’s personal assistant. Their children also rode along, often taking the stage to perform with Dottie as she traveled the country spreading the gospel in her own highly popular style. Dolly Parton, after the crash, stated, ” I also want to send my prayers and thoughts to her manager, Larry Ferguson, the children, families and everyone involved in this terrible tragedy.”

The suit was filed May 1, 2009 in Lawrence County (case number 09LW-CC00043 Larry Ferguson et al v. James R. Meadows et al) on behalf of Larry & Judy Ferguson and children Joseph and Pierce, who have chosen Aaron Sachs and Associates, a southwest Missouri personal injury law firm with offices in Springfield, Joplin and Columbia, Missouri to represent them. For more information on the Aaron Sachs & Associates, P.C. firm visit their website, autoinjury.com.

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In our February 29th blog, we wrote about a personal injury trial taking place in federal court alleging that a big chemical company knowingly dumped asbestos-contaminated dirt from their in the town of Libby Montana, causing 400 deaths and 1200 injuries to town residents.

Now a similar case has hit much closer to home.

On April 23rd, the Associated Press reported that a lawsuit had been filed against Prime Tanning Corp of St. Joseph, Missouri alleging that the company had knowingly sold sludge contaminated with a toxic carcinogenic chemical (hexavalent cromium) to farmers in the Missouri counties of Andrew, Buchanan, Clinton and DeKalb.

The case was filed in Clinton County Circuit Court in Cameron, MO on behalf of just two plaintiffs, but given the sudden proliferation of malignant tumors in the areas where the contaminated sludge was used on farms, more plaintiffs are expected to come forward.

The original plaintiffs are William Kemper of Cameron, Mo and Janet Lasher of Gallatin, Mo. Mr. Kemper’s wife died at age 44 from a brain tumor, and Ms. Lasher is suffering from lung cancer that has spread to her brain.

Hexavalent cromium is the same cancer-causing chemical that Erin Brockovich – of Hollywood movie fame – fought against on behalf of the townspeople of Hinkley, California, eventually winning a $333 million settlement from Pacific Gas & Electric Company for contaminating the town’s water.

Recently, Clinton County Circuit Court Judge Brent Eilliot issued a temporary restraining order in an effort to prevent the defendants from destroying documents relevant to sludge given to farmers.

As a personal injury law firm with offices in Springfield, Joplin and Columbia, Missouri, we at Aaron Sachs & Associates are interested in pending cases focused on bringing justice to individuals who suffer from personal injuries. We will be closely following the Missouri case, and hope that if Prime Tanning (recently renamed National Beef Leathers Co.) knowingly sold contaminated sludge to Missouri farmers – and lied about it as the lawsuit alleges – they will be held responsible for the deaths, illnesses, injury and suffering that resulted from their actions.