Introduction: Environmental activist Erin Brockovich, of the award-winning Julia Roberts’ movie fame, comes to the aid of a group of northwest Missouri citizens. Learn about the class-action lawsuit filed against the Prime Tanning Corp of St. Joseph that’s making national headlines.

Question 1: What exactly is this lawsuit about and who’s involved?

Several personal injury lawsuits have been filed against Prime Tanning Corp. of St. Joseph re: the distribution of toxic sludge as fertilizer. The most significant being a class-action lawsuit on behalf of all residents in Andrew, Buchanan, Clinton and DeKalb counties. Kansas City-based National beef Packing Co. acquired Prime Tanning in April, and renamed it National Beef Leathers, is also named in the suit.

The suit claims that Prime Tanning gave contaminated sludge from its plant to farmers in those four northwest Missouri counties to use on their fields as fertilizer. The suit alleges that the sludge contained high levels of hexavalent cromium, a known carcinogen, and the same carcinogen that prompted a $333 million settlement from Pacific Gas & Energy for exposing a California town to the chemical, the basis for the 2000 film “Erin Brockovich” starring Julia Roberts.

According to the lawsuit, Prime Tanning used hexavalent chromium to remove hair from hides in the tanning process and the resulting waste product was collected as sludge. Prime Tanning denies the sludge contained the chemical, but the lawsuit contends that they gave it to the farmers for decades (1983 to early 2009) to in order to avoid paying for disposing of it in a landfill.

Plaintiffs in the lawsuits are alleging that the hexavalent chromium, or chromium 6, caused an outbreak of brain tumors in the Cameron, Mo. area.

Rick Ream who oversaw the land applications of sludge is also named in the lawsuit.

Question 2: What is Erin Brockovich’s involvement?

1)    Hexavalent cromium is the same carcinogen that was involved in the California case on which the movie was based on.
2)    The investigator who did work for the Brockovich case lead this investigation as well. Also Attorney Thomas V. Girardi of LA, who worked on behalf of the plaintiffs in the California case, is helping with this case.
3)    Brockovich, attorneys and the investigators held a meeting in Cameron April 22nd to discuss the lawsuit and results of the investigation with the community.

Question 3: What did the investigation reveal and what was the Tannery’s response?

For a year now, the Environmental Protection Agency, Missouri Department of Natural Resources, Missouri Department of Health and a state epidemiologist have been investigating what residents believe are a high number of brain tumors in the area — more than 70 since 1996. The epidemiologist has said those numbers don’t seem abnormally high.

Investigators took numerous soil samples, and the results of those showed high levels of hexavalent chromium.

Representatives for National Beef said its available records indicate that it used only trivalent chromium, a non-carcinogen, in the tanning process since acquiring the facility. National Beef Leathers has stopped giving away the sludge as fertilizer.
The original tanner owners told the state the sludge did not contain the hexavalent chromium, according to the lawsuit.
Question 4: What is happening now with the personal injury lawsuit?
Missouri Attorney General Chris Koster’s office said that tests will be done on land in Northwest Missouri where a farmer had spread the sludge before the company said it would stop giving it away.

The latest turn of events is that a Motion for Temporary Restraining order was issued days after the lawsuit was filed by the plaintiffs after they discovered that National Beef Leathers was planning to destroy 80 pallets of old documents they identified as no longer needed following the purchase of Prime Tanning.
Clinton County Judge Brent Elliot, ordered that all past and present papers related to the sludge be preserved, and a hearing on the injunction is scheduled for July 14.
Also, a prior lawsuit filed involving the brain tumors alleged that the Rockwool Insulation facility near Cameron was responsible for the brain tumors by releasing chemicals and contaminants. The Environmental Protection Agency and Missouri Department of Natural Resources plan to examine the soil at the Rockwool Insulation as well.

Springfield, MO
July 21, 2009

It started with a simple email from Loree Quinn, the person in charge of Community Relations with the Springfield-Greene County Library. The email was directed to Aaron Sachs, a personal-injury attorney from Springfield, MO.

The purpose of Loree’s email was to inquire if Aaron’s firm, Aaron Sachs & Associates, was still making bicycle helmets available to younger Springfield County residents, and if they were, would the firm consider being part of the Grand Opening ceremonies for the new Willard branch library by running a helmet-awareness and donation program?

Helping support helmet safety for kids to protect them from head injuries from bicycle, skateboard or rollerblade accidents is a community service project the firm has been involved in for ten years now. Over this ten year period, Aaron Sachs & Associates has helped make it possible for 18,000 helmets to be provided for young Missourians in the Springfield, Joplin and Columbia areas.

Expecting quite a few youngsters for the opening of the new library branch– which is located right next to the Frisco Highland Trail — Loree requested 35 to 50 helmets for pre-kindergarteners up to 3rd graders.

Knowing from his experience as a personal injury lawyer that there are far too many preventable injuries that helmets could avoid, Aaron’s reply was an immediate and enthusiastic “yes!” So on Saturday, July 18th, Aaron Sachs & Associates Springfield Personal Injury Law Firm happily gave away 50 free bicycle helmets at the library opening.

“Most bicycle accident injuries are preventable with a little care and attention,” Aaron assets. “Part of that habit of care is having young family members habitually use a helmet.” He laments how quickly the mix of sunshine, children and bicycles can turn alarming. “Spring and summer hold unexpected dangers for kids, though it’s a season when they deserve to be out and about, having fun, getting exercise and fresh air.”

“Most child and adolescent bicycle crashes occur between May and August and most often between the hours of 3 p.m. and 6 p.m. This is a time of day when kids are usually done playing with friends and heading home. Maybe it’s because they’re no longer in a big group or maybe they’re distracted and paying less attention, but whatever the reason, it’s up to the adults to keep them from getting hurt.

“One good way we can protect our kids is to have them wear a helmet whenever they are out with their bikes, and make sure they wear it constantly, but particularly remind them to wear it to ride home.”

Sachs is right. The majority of bicycle-related fatal crashes (80 percent as the statistics show) occur among children and adolescents ages 14 and under, because of the bicyclist’s behavior,
such as riding into the street without stopping, swerving into traffic, running stop signs, or riding against traffic-flow.

Children 14 and younger are five times more likely to sustain injuries in a bicycle-related crash than any other age group. More disturbing, nearly 50 percent of children in this age group hospitalized for bicycle-related injuries are diagnosed with a brain injury.

That’s a statistic Sachs says he personally finds hard to live with. “It pains me that, on average, only 5 percent of children routinely wear a helmet,” he says. “In other words, 19 children out of 20 leave home without one, and are immediately exposed to a risk they wouldn’t have to encounter with just a bit of forethought. It doesn’t have to be that way, and we try to do our part as a community business to try to avoid it. That’s why we have made a point over the last ten years, of making sure every kid in the Springfield area, as well as Joplin and Columbia, can get a helmet from us and play more safely,”

More details about the personal injury firm’s helmet safety program, as well as their other community efforts can be found under the Community Service tab on the Aaron Sachs’ website at www.autoinjury.com.

It is with much relief and satisfaction that we report to our readers that Governor Nixon heard the concerned citizens of Missouri and vetoed the repeal of the motorcycle helmet law last week.

Thank you to all of you who responded to our pleas and either called, wrote or e-mailed the governor’s office to express your concerns about motorcycle accident injuries and the costs to the state if motorcycle riders were not required to wear helmets.

In line with my own concerns as a Missouri motorcycle accident lawyer and as a native and citizen of Missouri, Governor Nixon cited his reasons for vetoing the repeal as being the potentially burdensome health care costs and rider safety.

“In terms of lives and of dollars, the cost of repealing Missouri’s helmet law simply would have been too high,” Gov. Nixon said. “By keeping Missouri’s helmet law intact, we will save numerous lives, while also saving Missouri taxpayers millions of dollars in increased health care costs. Keeping our helmet law in place was the safe and cost-effective choice for Missouri.”
The proposed bill – Senate Bill 202 (SB202) — would have repealed the existing law that requires all motorcycles riders to wear helmets and would have amended it to a law that would have allowed any rider over 20 to choose whether or not to wear a helmet, except on interstate highways on which helmets would still be required.

As a Missouri personal injury attorney with offices in Springfield, Joplin and Columbia, MO, — and soon to be opening an office in Cape Girardeau, MO — I was fearful about the increase in catastrophic and brain damage injuries we might have seen if the helmet law were repealed.The potential costs and consequences of that repeal are concisely set out in the Springfield Missouri News-Leader in an article entitled “Nixon Vetoes Repeal of Helmet Law” – dateline: July 2- Jefferson City, MO.
I am much relieved by Governor Nixon’s decision and I applaud him for protecting the citizens of Missouri from the consequences of repeal. I also applaud all the citizens who spoke out and made their voices heard.

This is the first blog in a series of four that will discuss the topic of Teens and Texting.

Introduction: Even in this economy, sales of Smart Phones such as iPhones, Blackberries and the new Palm Pre were way up, making it easier than ever for people to avoid speaking – and just communicate via text. And for teenagers, it’s almost out of control. Learn why teens and texting and, especially, driving is a bad mix.

Question 1: Why is texting getting such a bad rap?

Answer: More and more people are texting, first of all. Studies show that people send and receive texts more often than they make phone calls these days. Driving while texting (DWT) is becoming more popular as a result, and subsequently causing more accidents. Although it seems to be common sense – if you’re texting you’re not paying attention to the road – there have been numerous studies to back this obvious fact up. Yet, people still do it all the time. I know I have, and I’ll bet you have, too.

One study showed that while 60% of teens and 26% of all users survey admitted to DWT, 83% of them thought it should be illegal to do so.

According to a recent study by the American Automobile Association, the risk of a car accident increases by 50% for people who text message while driving

Another study shows that driving while text messaging or fiddling with an MP3 player is even more hazardous than talking on a cell phone.

The dangers of DWT are most prevalent among teens, but we’re all at risk if we’re on the road with them.

Question 2: Why is it most prevalent among teens?

Answer: It’s a generational thing. Teenagers are early adopters of the technology, plus they’ve grown up with it. For example, American teenagers sent and received an average of 2,272 text messages per month in the fourth quarter of 2008, according to the Nielsen Company — almost 80 messages a day, more than double the average of a year earlier and three times the overall average for all mobile phone subscribers.

Also, teens do not always recognize that their behavior may be risky or dangerous. According to the National Safety Council, “the area of the brain that weighs consequences, suppresses impulses and organizes thoughts does not fully mature until about age 25.” So new or younger drivers might not realize that they are distracted.

Inexperienced drivers are much more accident-prone when distracted, and many inexperienced teens don’t recognize the dangers cell phones pose.

Motor vehicle accidents are leading cause of death for people between 16 and 20, accounting for more than 5,000 deaths each year, according to the Centers for Disease Control and Prevention. Teens are four times more likely than older drivers to be involved in a crash.

And it’s not just DWT that can cause harm. And it’s not just drivers that can be distracted by texting; pedestrians, cyclists, and rollerbladers all face risks when they let their thumbs lead the way. According to the American College of Emergency Physicians (ACEP), the nation’s emergency room doctors have reported anecdotal evidence of increasing serious and sometimes fatal injuries among teens and young adults due to accidents that resulted from texting at inappropriate times.

Additionally, texting or talking have been known to result in facial injuries from tripping while using a cell phone; collision injuries involving bikers, rollerbladers and pedestrians; and walking into traffic. Not to mention increased reports of repetitive stress injuries.

Question 3: What can be done about this? It sounds like people are aware of the problem, but not doing anything about it?

Answer: So far 13 states and the District of Columbia have laws against DWT and 17 states (and DC) restrict or ban cell phone use for young people or inexperienced drivers. But that’s not enough. Experts are calling for a federal ban.

In January, the National Safety Council called on state and federal lawmakers to ban the use of cell phones and text-messaging devices while driving and also urged businesses to prohibit it.

Question 4: What can parents do to discourage their children from the dangers of texting while driving or walking?

Answer: It might be impossible to revoke a cell phone at this stage of the game, considering that’s how teens primarily communicate with each other, but you can set limits and boundaries. No texting at the dinner table, for example, is a good place to start.

Recommend that they don’t text or use a cell phone while engaged in any physical activities that require sustained attention, such as when walking, biking, boating, and rollerblading. Also don’t use the phone or text during intermittent-contact sports such as baseball, football or soccer.

If your state doesn’t ban DWT, become a dictator and set down your own law.

Advise them to keep their cell phone in an easy to find pocket or place in the car so that they don’t become distracted by rummaging through their purse or backback, while driving – or walking.

Let them know it’s ok to turn your cell phone off or – god forbid—ignore a call or not respond to a text message immediately. The world will not end.
The law firm of Aaron Sachs and Associates is supports education and community efforts to support safe driving.

The 2009 James River “I Love America” Independence Day celebration, sponsored by Springfield, MO personal injury and accident attorney Aaron Sachs, set an all-time-high attendance record with 120,000 attendees.

Hosted by the James River Assembly church on July 3rd, this was the 13th year for the festival, which has seen turnouts in past years as high as 80,000. “This year the event grew to a population larger than the fourth largest city in the state of Missouri and all on just 16 acres,” said Aaron Sachs, a Springfield attorney who helps people hurt or disabled in Missouri accidents. “It was a great day for celebrating God, the great country of America and for celebrating summer.”

The day-long event featured an air show, live music, food booths, picnic areas, and, as always, a spectacular fireworks show to cap off the celebration. With no admission fee and free watermelon, it was the family-friendly party of the summer!

And it wasn’t just the 120,000 who came to the field above the Springfield Underground who enjoyed the event. Many Springfield area neighbors set up in their own yards or neighborhoods to enjoy the fireworks. There, they celebrated not just Independence Day but their own good luck in living so close to the dazzling display!

Helmet Law Repeal Deadline Looming

With less than 10 days before the helmet law repeal deadline on July 10th, I am writing to ask our Missouri personal injury blog readers one more time to please make their voices heard on this important matter.

Senate Bill 202 (SB202) calls for a repeal of the law requiring Missouri motorcycle riders to wear helmets. I am asking you to encourage Governor Jay Nixon to VETO this bill.

Although in the week where we celebrate freedom with the July 4th Independence Day holiday, you might feel that this request is a bit of an irony, the bottom line issue is that, in the case of a Missouri motorcycle accident, motorcycle helmets save lives and mitigate serious head injuries.

The Governor’s Office has received phone calls, letters, e-mails and petitions to veto Missouri SB202.of the completed Veto SB202, however, the fight is not yet won.

Please: THIS WEEK!!!! :

1. Call the governor’s office at 573-751-3222. Let the receptionist know you are calling about SB202 and you are requesting Gov. Jay Nixon to VETO SB202.
2. Send an email to the governor at . You can paste the following message in the message box of the online form associated with this link to the governor’s website: Please VETO SB202. As a citizen of Missouri I am asking you to maintain Missouri’s all-rider motorcycle helmet law.
3. Or, you can mail a letter to Gov. Jay Nixon at PO Box 720, Jefferson City, MO 65102. The letter can simply state that you are asking the Governor to VETO SB202 in order to save lives on Missouri roadways.

I make this request as a concerned citizen and as a Missouri personal injury attorney who has seen his share of motorcycle accident cases and the difference a helmet can make.

I love our country and the freedoms it grants us. In fact, my firm is sponsoring a big July 4th I Love America celebration in Springfield,MO,which we invite all Missouri citizens to attend. But 202 is a law—that if it passes— will unquestionably increase Missouri road deaths. Please let’s not let that happen.