Bliven Law Firm, P.C.

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Serving all of Montana for over 25 years

Bliven Law Firm, P.C. is a Montana personal injury law firm located in Northwest Montana serving all of Montana. A group of experienced, dedicated professionals who care about their clients’ needs. Our Montana personal injury attorneys have over 25 years of experience in aggressively pursuing the goals of our clients.

HISTORIC RECALL OF MILLIONS OF DANGEROUS OVER THE COUNTER MEDICATIONS IN MONTANA, 2 YEAR OLD DIES FROM BAD TYLENOL

BuffHISTORIC RECALL OF 12 MILLION BOTTLES INCLUDING COUNTLESS AMOUNTS OF OVER THE COUNTER MEDICATIONS IN MONTANA / 2 YEAR OLD DEATH BLAMED ON MISLABLED DRUGS

Johnson and Johnson Company stated that is recalled 12 million bottles of Motrin brand painkillers. Other products manufactured by Novartis, including Excedrin, No Doz, Gas-X and Bufferin products were recalled by the FDA today with the explanation that the over the counter OTC’s may contain other products with risks of different or opposite side effects. These drugs are manufactured by Novartis.

The recall effects all of these medications in Montana and at Montana Pharmacies with the expiration dates of 12/20/2014 and sooner and Gas-X and Bufferin products with expirations dates of 12/20/2013. Fox News has reported that some of these medications include powerful prescription painkillers. You should inspect any of these medications for miss-matched color or size of pills.

NodozeThe actual number of pills recalled by Novartis here in Montana or throughout the country has not been disclosed. The company has stated there is no safety issue only that the product may contain other medicine with different side effects. These are common items sold over-the-counter here in Montana Stores, Kalispell, Missoula, Billings, Bozeman, Columbia Falls, Whitefish at outlets such as Walgreens, Wal-Mart, Smiths and other Montana Pharmacies. Any store that sells over the counter (OTC) medications here in Montana are affected.

GasMontana Law provides strict liability for non-confirming over the counter (OTC) medications. A family with a 2 year old son died after being given a batch of the liquid Tylenol. The child died because the medicine was in the highly concentrated form causing liver failure. The family has filed a lawsuit for wrongful death.

Moreover, under Montana Law a pharmacy is strictly liable for dispensing the wrong medication. When purchasing over-the-counter medication (OTC) you should consult with the pharmacist about the medication and whether it is affected by any of the many recalls. The problems resulted from a manufacturing plant in Lincoln Nebraska. This is a nationwide recall, which affects all of us here in Montana.

While the company Novartis claims that no injuries have been “confirmed”, if you believe you have taken a recalled product here in Montana, and you or your child is suffering from side effects you should seek medical attention. “This is a very dangerous situation for Montanans” stated food poisoning and bad drug attorney Bliven from Bliven Law Firm, P.C. Trial Attorneys. Bliven Law Firm, P.C. has provided experienced legal services in the areas of bad drug injuries and food poisoning. Our Attorneys are focused on Montanans. While not “confirmed” one death has already been reported. The number of related illnesses or side effects right here in Montana may be enormous, but not severe enough to result in severe illness.

Excedrin1However in some situations, particularly concerning children who have compromised immune systems or cannot tolerate adult doses of a bad drug can be disastrous. FDA officials warned that some of the medications might contain powerful painkillers including “Percocet, Endocet and Zydone. “ This could be deadly for infants and small children right here in Montana. The danger is increased even more, since there are reports of mislabeling of the concentration levels of these bad drugs, which are sitting on the shelves of Montana Stores around the State.

If you suspect you or a family member have suffered injury as a result of one of these recalled products after seeking medical attention, Bliven Law Firm, P.C., Montana, bad drug attorneys and food poisoning attorneys located right here in Montana can help. We can put you in touch with local health officials and pursue Justice for you and your family.

In these tough economic times a trip to the emergency room could easily run thousands of dollars. We also work with health care providers, including in Kalispell, Whitefish, Great Falls, Billings and other providers throughout Montana to get the bills paid by the drug companies who’s negligence caused illness, death and other economic damages such as the medical bills.

Montana Law also provides an independent cause of action for “serious and severe” emotional distress. Wages v. First National Insurance. Close family members of those who are injured may also have a claim under Montana Law.

Bliven Law Firm, P.C., Montana Injury Attorneys, focuses on obtaining full and fair compensation for victims resulting from the carelessness of the drug companies and large food corporations. Last year Novartis reported over 50 billion dollars in sales. “In my experience as a Montana Products Liability Attorney, this is likely the tip of the iceberg. I would expect further recalls to come.”

The Personal Injury Lawyers at Bliven Law Firm, P.C. care about Montanans. We have been providing legal services right here in Kalispell, Whitefish, Columbia Falls, Billings and all throughout Montana for 18 years. We would prefer to prevent any bad drug injury or damages and therefore issue the following NOTICE:

WARNING: WHEN PURCHASING OVER THE COUNTER MEDICATION, HAVE THE PHARMACIST CHECK THE PACKAGE FOR THE LATEST RECALL INFORMATION. BEFORE TAKING OR GIVING ANY OF THE RECALLED MEDICINES TO ANY FAMILY MEMBER CALL YOUR PHARMACIST.

The above two recalls mentioned in this article involving Montana Bad Drugs, sold Over-the-Counter medications are a part of a string of OTC recalls affecting Montanans. While there are drug recall hotlines, the situation continues to evolve as more drugs and companies become implicated and the number and amount of dangerous products shipped to Montana has yet to be determined. Children in Montana are particularly susceptible in that Montana is a rural area, the bad drugs may be in the medicine cabinet, or the local quick mart, and the concentrations may cause serious injury and death. It is less likely that the quick marts such as the Town Pump in my home town Columbia Falls will have equal information as a store with a pharmacist. While I make no claim that Town Pump or any other gas station quick mart have not taken the recalled items off the shelf, the fact is the pharmacies have up to date computer information from the FDA that can be accessed immediately in the event the recalls either spread or increase in numbers.

The list of recalls as of today, may be found on the FDA website. http://www.fda.gov/drugs/drugsafety/DrugRecalls/default.htm

BUS CRASH OUTSIDE OF MISSOULA LEAVES 2 DEAD AND 33 INJURED

4f09fd3da9b9a.imageTragedy struck outside of Missoula Sunday Morning when a Rimrock Stages bus carrying 35 people, flipped on its side and slid more than 150 feet, causing 2 deaths and injuring 33 people.

The bus was traveling West on I-90 at  7:15 a.m. when the driver lost control of the bus just west of the Clinton exit and the bus crashed on I-90 outside of Missoula.

Montana Highway Patrol Sgt. Scott Hoffman said it was the largest mass injury accident he had ever seen. Everyone on the bus was either injured or killed.

“In 16 years I haven’t seen anything like this,” Hoffman said. “So many people laying on the ground with injuries, writhing in pain. It was a terrible scene.”

Read more: http://missoulian.com/news/local/7dceb91e-3a14-11e1-a5ec-001871e3ce6c.html#ixzz1iydNgzLk

Several passengers were ejected after the bus tipped on the drivers side and slid for more than 150 feet in the median.

“When it went on its side, because of the speed involved, it had a bouncing motion,” Hoffman said. “And as it did people were ejected through those windows.”

Local authorities are investigating whether or not the driver was traveling at a reasonable and prudent speed given the condition of the road at the time.

“The law states you must drive to the conditions, and that’s where our investigation is going on this,” said Hoffman. “We have no other indications of another vehicle being involved. We think he was simply going too fast for the road conditions. We had one passenger state already that they felt the bus driver was going too fast right before the crash.

“We’re pretty sure what happened is the conditions rapidly changed and went from wet to icy.”

Montana law specifically states,   “(3) Subject to the maximum speed limits set forth in subsection (1), a person shall operate a vehicle in a careful and prudent manner and at a reduced rate of speed no greater than is reasonable and prudent under the conditions existing at the point of operation, taking into account the amount and character of traffic, visibility, weather, and roadway conditions.”

In addition, in Montana, every driver is required to operate a motor vehicle including a bus, “ in a careful and prudent manner that does not unduly or unreasonably endanger the life, limb, property, or other rights of a person entitled to the use of the highway. ”

Bliven Law Firm, P.C. is a Montana law firm dedicated to helping injured individuals and families recover from losses likes the Clinton bus crash. We do not represent insurance companies, like other firms. Never have, never will.

Our firm has the legal experience and knowledge you need on your side. Our Montana attorneys sincerely care about helping innocent victims and their families make a complete recovery: emotionally; physically and temporally. We offer FREE CONSULTATIONS and will meet with you at our office, over the phone or wherever is convenient for you.

FOUR BULLDOGS ATTACK 7 YEAR OLD CRESTON GIRL

imagesFour American Bulldogs attacked and extensively injured a 7-year-0ld Creston girl over the weekend according to the Flathead County Sheriff’s Office. The young girl was hospitalized after the attack.

Creston, an area out outside of Kalispell, dog attack took place on Saturday afternoon according to the Flathead Beacon.

Curry says the girl and her father were visiting from out of town and that the girl and a woman were playing outside the residence when the girl was attacked and dragged by the dogs.

“Harboring a vicious dog is in itself a crime. The damage and those injuries that the girl sustained, how exactly those will tie together is going to be determined through collaboration with the County Attorney’s office,” said Flathead Undersheriff Jordan White.

Montana law states that the dog’s owner is liable for damages in an unprovoked dog attack like the one in Creston, outside of Kalispell.

27-1-715. Liability of owner of vicious dog. (1) The owner of a dog that without provocation bites a person while the person is on or in a public place or lawfully on or in a private place, including the property of the owner of the dog, located within an incorporated city or town is liable for damages that may be suffered by the person bitten regardless of the former viciousness of the dog or the owner’s knowledge of the viciousness.

Many people in Montana are unaware that most homeowners insurance policies typically provide coverage for injuries caused by a dog. Every insurance policy is different and actual coverage would depend on the language of the policy.

For over 25 years, the Kalispell lawyers at Bliven Law Firm, P.C., have been helping innocent victims of dog bites in Creston and Kalispell recover damages they are legally entitled to under Montana law. We have Kalispell attorneys who know Montana dog bite law and can help collect funds to pay for the victim’s medical treatment, injuries, pain and suffering, permanent damages and future damages.

In some circumstances, if a child has been harmed by a dog, their parents may be legally entitled to damages as well. If you or someone you know has been injured by a dog, contact Bliven Law Firm, P.C. for a FREE CONSULTATION.

94 YEAR-OLD KALISPELL WOMAN DIES CROSSING CENTER STREET

4ef3b84b8f327.preview-300Our thoughts and prayers go out to the family of Luella B. Scott, a 94 year old Kalispell woman who was the victims of a Pedestrian v. Car accident as she was struck by a Suburban while crossing Center Street in front of Kalispell Center Mall.

The Daily Inter Lake reported Bruce Jones of Kalispell was driving behind the westbound Suburban on Center Street when the collision occurred just before 2 p.m.

“This elderly woman was just crossing the street and the guy ahead of me didn’t see her, I guess,” said Jones, who estimated the woman was thrown about 50 feet. “It was awful. My daughter is 12, and she saw it, too, and she’s all shook up.”

Pedestrian accidents unfortunately happen often in Kalispell and Montana. Bliven Law Firm, P.C. has helped injured pedestrians in other pedestrian accidents near Center Street and downtown Kalispell recover compensation they are legally entitled to under Montana law.

Pedestrians have the right of way while crossing in marked or unmarked crosswalks in Montana.

61-8-502. Pedestrians’ right-of-way in crosswalk — school children. (1) (a) Except as provided in subsection (1)(b), when traffic control signals are not in place or not in operation, the operator of a vehicle shall yield the right-of-way, slowing down or stopping if necessary, to a pedestrian crossing the roadway within a marked crosswalk or within an unmarked crosswalk at an intersection, but a pedestrian may not suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close that it is impossible for the operator to yield. This provision does not apply under the conditions provided in 61-8-503 (2).

While crossing at unmarked crossing, both drivers and pedestrians have duties:

61-8-503. Crossing at other than crosswalks. (1) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.
(2) Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway.
(3) Between adjacent intersections at which traffic control signals are in operation pedestrians shall not cross at any place except in a marked crosswalk.
61-8-504. Operators to exercise due care. Notwithstanding 61-8-501 through 61-8-503, an operator of a vehicle shall exercise due care to avoid colliding with a pedestrian or with a person propelling a human-powered vehicle or using an assistive mobility device upon a roadway, shall give warning by sounding the horn when necessary, and shall exercise proper precaution upon observing a child or an obviously confused, incapacitated, or intoxicated person upon a roadway.

In addition to Montana pedestrian laws, Kalispell has ordinances governing pedestrian crossing near downtown including the Kalispell Center Mall.

17-107 Duty of Drivers of Vehicles to Exercise Due Care.

Every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any confused or incapacitated person upon a roadway. (Ord. 679 § 4)

17-106 When Pedestrian to Yield Right-of-Way; Designation of Streets.

A.    Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk in an intersection shall yield the right-of-way to all vehicles upon the roadway.

B.     No pedestrian shall cross a roadway other than in a crosswalk on the following streets and designated areas thereof:

1.     Main Street, from the Sixth Street intersection to Idaho Street intersection, including the aforesaid intersections.

2.     First Avenue West, from the Fourth Street intersection to the Center Street intersection, including the aforesaid intersections.

3.     First Avenue East, from the Fourth Street intersection to the Center Street intersection, including the aforesaid intersection.

4.     Third Avenue East North, from the Idaho Street intersection to the Montana Street intersection, including the aforesaid intersections.

5.     Idaho Street or U.S. Highway 2, from the Fifth Avenue West intersection, to the Seventh Avenue East intersection, including the aforesaid intersections.

6.     Eighth Street East, at the east side of the intersection with Fifth Avenue East, and the area within four hundred feet (400′) of the crosswalk shall be designated as a “school zone” with a speed limit of fifteen (15) miles per hour.

7.     Ninth Street East, at the east side of the intersection with Fifth Avenue East, and the area within four hundred feet (400′) of the crosswalk shall be designated as a “school zone” with a speed limit of fifteen (15) miles per hour.

8.     Second, Third and Fourth Avenues East, at the south side of the intersection with Ninth Street East, and the area within four hundred feet (400′) of the crosswalk shall be designated as a “school zone” with a speed limit of fifteen (15) miles per hour. (Ord. 679 § 3; amd. Ord. 1514, 10-18-2004)

17-105 Right-of-Way in Crosswalks; Passing Vehicle Stopped in Crosswalk to Permit Pedestrians to Cross.

A.    Yield Right-of-Way: When traffic control signals are not in place or are not in operation, the driver of the vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield to a pedestrian crossing the roadway within a crosswalk when the pedestrian is on the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger, but no pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield. This provision shall not apply under the conditions stated in Section 17-106 of this article.

B.     Overtaking, Passing: Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross a roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle. (Ord. 679 § 2)

If you or a family member has been injured as a pedestrian while crossing a street in Kalispell or elsewhere in Montana, contact our offices for a FREE CONSULTATION.

Bliven Law Firm, P.C., a Kalispell law firm, has helped innocent victims, and their families, receive compensation they are entitled to under Montana law for over 25 years.

3 MILES CITY MEN DIE IN FATAL CAR ACCIDENT IN ROSEBUD COUNTY

Rosebud County Undersherriff Arlan Thingvold said a vehicle carrying four Miles City Men, passed barricades and drove off the Sand Creek bridge and landed in a deep Ravine in Rosebud County.

The Miles City car accident victims were found Monday at approximately 8:00 a.m. with the vehicle upside down.

Authorities are uncertain when the crash occurred.

Autopsies will be performed on the deceased.

For more information, click here

HIGH SPEED CHASE RESULTS IN PASSENGER’S DEATH

Authorities reported that a Hardin man, a passenger in a high-speed chase, died on Friday after the vehicle was in struck a ditch and flipped end over end.

Montana Highway Patrol Trooper Eric Winburn said a deputy tried to pull over a pickup after watching it swerve in Hardin shortly after 11:45 p.m. Thursday.

The driver then commenced a high speed chase and proceed on Secondary Highway 313.

Before the car accident, speeds reached 100 m.p.h.

For more information click here

For over 25 years, the personal injury attorneys at Bliven Law Firm, P.C. have been helping the family members of wrongful death victims. Nothing is harder than trying to grieve the untimely and unfortunate loss of a family member involved in a wrongful death car accident in Montana.

At Bliven Law Firm, P.C., a Montana law firm, with three lawyers, we help the families of wrongful death victims in Montana cities like Billings, Great Falls, Kalispell, Missoula, Helena, Butte, Bozeman and more. We help family members grieve their loss while helping them with the legal system.

We offer FREE CASE EVALUATIONS on Montana Wrongful Death claims and will meet with you when and where it is convenient.

GREAT FALLS PEDESTRIAN INJURED IN HIT AND RUN

imagesA Great Falls Woman was the victim of a Hit and Run in Great Falls on Saturday Morning.

According to police, a White Pontiac Grand-Am struck the woman near 1605 10th Ave. S. in front of Burger King. The car then fled the scene of the hit and run accident in Great Falls.

Police reported that the victim of the hit and run accident was from Helena.

At Bliven Law Firm, P.C., a Montana law firm, we help victims who have suffered personal injuries as a result of the negligence of others including hit and run accidents in places like Kalispell, Great Falls, Helena, Missoula, Billings, Bozeman, Butte and other communities throughout Montana.

Most victims of hit and run accidents in Montana are surprised to learn that if they  purchased Med Pay or Unuinsured Motorists insurance, they may be covered for injuries and damages sustained as a result of a negligent hit and run driver.

If you have been injured in a hit and run accident in Montana, call the law offices of Bliven Law Firm, P.C. for a FREE CASE EVALUATION.

LIBBY MAN INJURED IN IDAHO CRASH

A Libby resident was injured in a head-on car accident Sunday near Cambridge, Idaho.

Lawrence Brand of Libby, was injured when an oncoming driver lost control of his vehicle on ice and collided head-on with Brand’s vehicle.

Two other individuals were also injured in the Idaho car accident and taken to the hospital. For more information click here

For over 25 years, Bliven Law Firm, P.C. a Montana law firm in Kalispell, has helped injured victims of head-on collisions and car accidents in Libby, Troy, Eureka, Columbia Falls, Lakeside, Somers, Kalispell, Whitefish, Columbia Falls and More.

If you or someone you know has been injured in a car accident in Montana, call our offices for a FREE CASE EVALUATION.

RONAN CAR ACCIDENT CAUSES SUV FIRE AND INJURIES

images (1)A head on car accident in Ronan caused multiple injuries and one vehicle to engulf in flames.

A 32 year-old woman was traveling South on Highway 93 in Ronan on Saturday, carrying two passengers a 4 year old and 2 year old child.

While attempting to turn left on Highway 93, the woman was struck by an oncoming pick-up truck pulling an empty trailer.

After quickly exiting her SUV, the woman’s vehicle caught fire.

The woman and her passengers sustained multiple serious injuries including a broken neck in the Ronan car accident and were airlifted to the hospital

For more information click here

For over 25 years, Bliven Law Firm, P.C. has helped injured victims of car accidents in Ronan, Polson, Lakeside, Somers and other Lake County Communities. Our firm has three lawyers who practice personal injury law, in Kalispell, to help victims of Montana Car Accidents.

We offer FREE CASE EVALUATIONS for injured victims of car accidents in Ronan, Lakeside, Kalispell, Libby, Troy, Eureka, and communities throughout Montana.

MISSOULA PEDESTRIAN DIES AFTER HIT BY CAR

A Missoula woman died after crossing the road and being struck by a vehicle on Thursday December 15, 2011.

The woman, and a 91 year-old man were crossing the street near Buffalo Wild Wings in Missoula when they were struck. Both were taken to the hospital.

Betty Ann Schultes, 83, died on Friday from injuries she sustained as a pedestrian crossing the street.

The other man struck remains in critical condition.

For more information click here.

Pursuant to Montana Code Annotated Section 61-8-502: 61-8-502. Pedestrians’ right-of-way in crosswalk — school children. (1) (a) Except as provided in subsection (1)(b), when traffic control signals are not in place or not in operation, the operator of a vehicle shall yield the right-of-way, slowing down or stopping if necessary, to a pedestrian crossing the roadway within a marked crosswalk or within an unmarked crosswalk at an intersection, but a pedestrian may not suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close that it is impossible for the operator to yield. This provision does not apply under the conditions provided in 61-8-503(2).

Pursuant to Montana Code Annotated Section 61-8-504:    61-8-504. Operators to exercise due care. Notwithstanding 61-8-501 through 61-8-503, an operator of a vehicle shall exercise due care to avoid colliding with a pedestrian or with a person propelling a human-powered vehicle or using an assistive mobility device upon a roadway, shall give warning by sounding the horn when necessary, and shall exercise proper precaution upon observing a child or an obviously confused, incapacitated, or intoxicated person upon a roadway.

For over 25 years, Bliven Law Firm, P.C. has represented the families of wrongful death victims in Montana including, Kalispell, Missoula, Helena, Great Falls, Butte and Bozeman.

Bliven Law Firm, P.C. has years of experience representing injured pedestrians in Montana. If you or a family member has suffered injury or death as a pedestrian, call our offices for a FREE CASE EVALUATION.