Tennessee Injury Lawyer Blog

Many people here in Tennessee and across the country have a loved one or a friend that suffers from or has diabetes. Many people also know about the medications that are out there to help people better control and manage their diabetes and health. All medications have risks, but some medications like Avandia for people with type 2 diabetes may pose dangerous and even life threatening risks to many people here in Tennessee and across the country. If you or a loved one takes Avandia, you might want to consult a Tennessee defective product and dangerous drug attorney right away to get the help you need.

Avandia is a type 2 diabetes medication that helps the body to be able to produce more of its own insulin and help people with this type of diabetes to manage their condition more easily. However, two times in 2007, the Food and Drug Administration gave this medication a black box warning because of its dangerous and even life alternating or life threatening side effects. These side effects may include but are not limited to:
• Heart attack
• Cardiovascular death
• Primary pulmonary hypertension
• Heart valve disease and other heart valve effects
• Liver problems
• Low blood sugar
• Low red cell count
• Increased chance of pregnancy among older women

It is believed that people taking Avandia were found to be forty-three percent more likely to suffer from a heart attack and sixty-four percent more likely to suffer from cardiovascular disease than people taking another type of diabetes medication.

The FDA recommends that people taking this medication consult with their doctors about these risks and the chances of developing these problems and if you are at risk, you may want to consider another medication.

Continue reading "Diabetes Drug Avandia May Have Serious Heart Related Side Effects" »

Under the Tennessee Workers Compensation Act an employees recovery for a work injury is limited to 1.5 times their impairment rating if the employee returns to their pre-injury employer at the same rate of pay. I will admit that I do have mixed feelings with regard to this law. I do appreciate the fact that it encourages an employer to rehire the injured employee. Unfortuanlty, the compensation available under the comp act is already so limited it leaves an employee with such a nominal monetary award for a permenant injury that it is simply not equitable.

The law also has a safety provision that allows the employee to reopen the case if they loose their job within a certain period of time. For example, if a person has a shoulder or back injury and their compensation is capped becuase they return to work they may reopen the case if they loose the job within 400 weeks of the return to work date. Well the legislature just enacted an exception to this reconsideration right.

Specfically, if the employer reduces the injured employee's pay that employee may not reopen the case if it is the result of an economic downturn. To ensure that this is truly a pay reduction because of an economic downtown and not a punishment for filing a work comp claim the law states that atleast 50% of the employees working for the company must also have ad a pay reductions. It will be interesting to see how this turns out.

Continue reading "New Workers Compensation Law Limits Tennessean's Right to Reconsideration" »

Many of us across the country and even the residents here in Tennessee expect our counties and states to live up to certain safety expectations. We expect our roads to be easily accessible, our parks to be family friendly and our drinking water to be safe. Unfortunately for one couple in Benton County this was not the case. High levels of mercury were found in their well and it injured them both.

The Gibsons had their ground and well tested for high mercury levels after having severe blisters and sickness after using the water and taking a shower. The state tested the water and found that the mercury was six times the normal drinkable level. In March of 2009, the state shut down the Gibson’s well.

The Gibson’s are pretty positive that the high mercury levels come from the landfill behind their home that has coal ash in it from TVA’s New Johnsonville steam plant. Trucks brought 100 tons of coal ash to the landfill every day and the Gibson’s claim they were not told about what might happen to them because of it. Reports into this case found that this landfill has had other problems including 2,000 tons of ash dumped on an unlined area of the landfill site. The state gave the company Trans-Ash the ones that run the landfill a fine of $160,000. The spokesperson for the landfill says that this is part of the process for dumping ash and they call it a “wet to dry process”. 1,200 pounds of mercury were found to be put in the landfill by TVA in the last year, some of that was before the new regulations to prevent it from seeping into the ground and in the water. These levels are dangerous and can result in significant injury.

The EPA is reviewing new rules to deal with the proper disposable of coal ash and the Gibsons have hired an environmental attorney to sue Trans-Ash and TVA. The state has made sure they have received safe drinking water from the City of Camden’s water supply.

Continue reading "Coal Ash Landfill and Sickness Lead to Lawsuit" »

We all take over the counter medicines and prescriptions for our illnesses, aches, and pains, or health problems, even here in Tennessee. When we take these medicines we expect that they will make us feel better and not worse. We all know that every medicine has some risks of side effects or allergic reaction, but we expect that the drug companies will put the health of the consumer, before their sales and warn us about these side effects. However, this is unfortunately not always the case.

Accutane is a drug prescribed for acne and other inflammatory problems or pain issues. However, many people have discovered that this medicine can have some severe and very serious and even dangerous long term effects. The minor side effects may include but are not limited to:
• Dry skin and lips
• Nose bleeds
• Rash
• Irritation of the eyes
• Blurred vision
• Nausea
• Mood changes
• Severe stomach pain
• Joint and muscle pains
• Yellowing of the skin
• Hair loss

Some more serious and possibly life alternating side effects may include but are not limited to:
• Depression and suicidal thoughts
• Birth defects
• Permanent loss of vision
• Arthritis
• Stevens Johnson Syndrome

Some of these side effects may seem worse than others, but one of the more serious ones is Stevens Johnson Syndrome. This is a severe allergic reaction to over the counter and prescription drugs that can lead to severe rashes and burning of the skin from the inside out. It is seen mostly in people that are sensitive to medicines and are between twenty to forty years old. However, it can be seen in infants as well as anyone who takes medicine. The Food and Drug Administration have started putting warning labels on medicines that at a higher risk for this kind of reaction.

Continue reading "Accutane Medication has dangerous side effects leading to lawsuit" »

Many of us here in Tennessee and across the country may have read reports or seen the news about foul smelling Chinese drywall and the problems it can cause for many homeowners and people across the country and right here to the residents of Tennessee. However, this is the first trial about the drywall reports.

Armin and Lisa Seifart, a Florida couple left their dream home because of the foul smelling Chinese drywall and was awarded 2.4 million in damages in the nation’s first trial over the defective drywall that will come up in many lawsuits in the future. The jury felt that the couple deserved more than just compensation for gutting and renovation and awarded damages for the loss of enjoyment of their 1.6 million home and damages for the loss of resale value caused by the drywall stigma. This case is only the beginning of what some people may be able to seek in Chinese drywall damages.

The Seifarts were not told of the drywall problem when they moved in, in March of 2008. They accuse the Banner Supply Company, of concealing knowledge it had as early as 2006 of the drywall problems including recommendations from the manufacturer Knauf Plasterboard Tianjian that they think the wallboards should not be used.

Banner’s attorney Todd Ehrenreich only acknowledged some of the blame and only wanted to pay the couple direct expenses, arguing that the “hidden and undetectable” and that the problem may not become clear until years later. The jury held Banner fifty-five percent responsible and felt that and that Knauf and two related entities were responsible for the rest.

This case follows one in Louisiana where a federal judge awarded 2.6 million in damages to seven families in Virginia for bad Chinese drywall. The Consumer Product Safety Commission has recommended removing any bad drywall, affected wiring, fire alarm systems, and gas pipes.

Continue reading "2.4 million Awarded in first Chinese drywall lawsuit " »

Against our parents wishes, many of us may have played the game “ding dong ditch” when we were younger. It is a prank game where you go around to houses and ring doorbells and then leave. However, sometimes this game can turn into much more than just a simple prank and some fun, and people wind up getting hurt, which is actually what did happened in Clarksville, Tennessee on Memorial day weekend.

The Clarksville police said that four teenagers ages fifteen to seventeen were playing the game on Saturday May 29th when Joseph Robinson, one of the boys playing the game, got shot in the leg by Carl Jerome Edmonds one of the homeowners whose door they knocked on. Jeff and Sherri Robinson, Joseph’s parents have filed a lawsuit in the amount of 2.5 million against Edmonds.

The attorney for the Robinsons, Mark Olson accuses Edmonds of acting reckless and in a negligent manner, because Edmonds was not threatened and his property was not in danger. The parents of Joseph Robinson are also claiming that the use a gun was excessive and not a legal use for the weapon.

The bullet is still embedded in Joseph’s leg and the lawsuit claims he will have a permanent disability and have more medical bills as a result of being shot. Punitive damages and the costs for civil action are being asked for, for a total of 2.5 million. A court date has been set for July 2, 2010 and no criminal charges have been filed against Edmonds.

Continue reading "Game of Ding Dong Ditch Ends in 2.5 million Lawsuit" »

Flooding and tropical storms have caused sinkholes and sinkhole damage in many areas across the country from Guatemala City to right here in Tennessee. We have all unfortunately experienced the damages flooding can cause and many of us are still picking up the pieces from the recent flooding. Before all this flooding and storms, many of us may never have experienced a sinkhole or the damage it can cause. This is why many sinkhole victims are probably wondering what exactly a sinkhole is and how much damage it can truly cause.

Sinkholes can occur naturally in the landscape in many places in Florida and in Tennessee. Sinkholes are becoming more common in these areas because of new developments in ground water and other land resources. Many sinkholes are usually just an annoyance but as many of us here in Tennessee now know they can also cause substantial or even devastating damage to buildings, roads, and other structures and they can even cause more flood damage when they are plugged up because they can capture surface water and create new lakes and wetlands in areas where they may not have been water before.

There are three types of sinkholes. These include: dissolution sinkholes, cover-subsidence sinkholes, and cover-collapse sinkholes. A dissolution sinkhole is when water comes in contact with rock or with openings in the rock. This can be anywhere from slight like a minor rainfall or aggressive like with the recent flooding. Cover-subsidence sinkholes develop more slowly and cover areas that are easy to break or pass through and may contain sand. Finally, cover-collapse sinkholes can cause catastrophic damages like the ones in Tennessee and across the country and can develop abruptly in a short amount of time. They usually occur in areas containing clay.

Many people may also be wondering if the damage they have experienced is actually from a sinkhole. There are many other things that can cause soil problems and damage to structures that are actually not a sinkhole. These things may include but are not limited to:
• Shrink-Swell Clay (i.e. rainfall amounts causing the soil to absorb large amounts of water and either swell or shrink)
• Buried debris (i.e. foundation damage caused by a builder or people burring materials in the area)
• Vegetation damage (i.e. growing plants)
• Foundation pressure
• High groundwater levels

These things can cause soil or other structure damage and may not be as serious as a sinkhole but can be just as damaging.

Continue reading "Sinkhole Victims May Be Wondering What Exactly It Is?" »

Many of us across the country and even right here in Tennessee have been experiencing sinkholes and sinkhole damage due to recent storms and flooding. This has left many residents of Tennessee sad, scared, and confused not knowing where to turn or what to do next. Well, if you have sinkhole damage, you may be entitled to compensation if your case is heard by an experienced and caring sinkhole damage attorney at the Higgins Firm, but first there are some steps that needed to be taken before a case can be made.

First, it is important to know what sinkhole damage looks like because many other things can cause soil and structure damage besides just sinkholes. The most common signs of sinkhole damage include but are not limited to:
• Cracks in windows or doors
• Cracks in exterior blocks or to the foundation
• Windows and doors are harder to close
• Depressions or soft spots in your yard or nearby yards
• Deep cracks in the pavement
• Dying plants in circular patterns
• Actual signs of a cavity opening in the ground

Once you have determined that you most likely are suffering from damages due to a sinkhole, you should contact your insurance company and they will see if further investigation is needed. If an actual sinkhole starts to form, it is recommended that you close off the area with rope and contact your insurance company right away. After your insurance company determines that you do have sinkhole damage, a professional will be called to do testing for the sinkhole and its damage. This may take a few days to complete. After the testing is completed, your insurance company will provide you with a report about the findings. If this is sinkhole activity, then it is the insurance company’s job to determine what they will do and how they will handle your claim. Finally, if you do not agree with the report or the insurance company about your sinkhole claim, then you can hire an experienced and caring Tennessee sinkhole damage attorney to help you.

Continue reading "Sinkhole Damage for Tennessee Residents: What to Do Now?" »

Many of the residents here in Tennessee and people across the country, have been experiencing sinkhole damage because of large amounts of rainfall and constant flowing. Many residents have experienced damage to their homes, schools, and businesses and many people have turned to their insurance companies for help only to unfortunately find out that their insurance does not cover sinkhole damage to their property. This has left many people scared, confused, and not knowing what to do next. If the insurance company has denied your claim of sinkhole damage or failed to handle it properly, then you may want to seriously considering hiring a local Tennessee sinkhole damage attorney to hear your case. Here are some tips on how to do just that.

If you have had your property tested for sinkhole damage and it has been determined that you do have sinkhole activity, you may be entitled to compensation by your insurance company for your claim.
By now, you may be wondering what attorney can do about my sinkhole claim. Well, this is very good question. An attorney will go back and read the results from the report that the insurance company gave to you. If they feel that you have a valid claim, then may contact their own experts and specialists to re-exam your property, then they will help you to file an appeal about the denied insurance claim.

One of the experienced Tennessee sinkhole claim attorneys at the Higgins Firm will be able to make sure that your insurance company does not just pay the maximum amount on your home but also pays for the repairs to it as well. If the sinkhole damage to your property is extensive then an attorney can help make sure you are fairly compensated for the damages. They will also be able to help you find the best contactors to get the repairs completed properly.

Continue reading "How Hiring a Tennessee Sinkhole Damage Attorney Can Help You" »

The Tennessee Dog at Large statute was drafted generally to protect people who are bitten by a dog that was allowed to run at large. The statute states as follows:

Section 44-8-413. (a) (1) The owner of a dog has a duty to keep that dog under reasonable control at all times, and to keep that dog from running at large. A person who breaches that duty is subject to civil liability for any damages suffered by a person who is injured by the dog while in a public place or lawfully in or on the private property of another.

I recently litigated a case where my client was struck by a car while trying to rescue a dog who was in the road. This created an unusual legal questions. Does the statute apply to the injuries sustained by my client since she was injured by the car and not the dog? In an effort to keep the jury from being instructed that the dog owner's violation of the statute caused the injury the defendant filed a motion to limit the evidence at trial. We responded to the motion arguing the statute did apply to the case and we argued our position to the judge. Unfortunately, cases interpreting the law are few and far between. The cases that applied to our case were old and were drafted when Nashville was a small community. The trial court, however, felt he had to follow these cases until the court of appeals or the legislature changes the law. In so doing, trial court ruled that the statutes only applied to injuries actually caused by contact with the dog. This left us with a simple negligence case and not the additional claim that the dog owner's violation of the statute caused my clients critical injuries.

Although, I did understand the reasoning I believe the statute protects people from any injuries which were caused by the dog running at large. In other words, none of the injuries would have occurred but for the direct event of the dog owner failing to restrain the dog. We no longer live in a day where dogs can safely run free. There is too much traffic and congestion on our cities.

Fortunately for our client we were able to resolve the case just before trial based upon the strength of the remaining negligence case. I now have a similar case where this issue will arise again. I am hopeful that in our new case we can successfully address this issue in the appellate courts.

Many of us have seen commercials about the over the counter weight loss drug, Alli. Some of us have maybe even tried it or are still taking it. The Alli pill and program is supposed to change the way people think and feel about eating and dieting. It is has personalized plans and steps for each person and it is supposed to make burning calories even easier. Many of us across the country and even right here in Tennessee know about this pill, but many of us may not know the new problems it seems to be causing.

As of today, May 27, 2010, the Food and Drug Administration has revised the label for this drug so that includes new safety information about rare cases of severe liver injuries and damages. The FDA has not determined if Alli is actually causing the liver problems but wants the public to be aware because a condition like this is very serious.

This new warning is based on a complete review by the FDA of all data available from preclinical and clinical trials, as well as post marketing studies and the drug usage from April 1999 to August 7, 2009. The FDA has also identified thirteen post marketing cases of severe liver injury, twelve of them foreign cases involving another weight loss drug known as Xenical and one case involving Alli. In three of these cases, people needed liver transplants and two people died.

Even though cases like these are rare with this drug, it is unfortunate and sad when things like this happen, across the country and even right here in Tennessee. The FDA reported that about 40 million people worldwide use drugs like Xenical or Alli, which means that some of these cases could have been a friend or family member.

Continue reading "Popular Alli Weight Loss Pill Gets New FDA Warning Label" »

After the recent flooding all across the area and right here in Nashville, Tennessee, many people are struggling to deal with damages to their homes, property damage, personal items being loss or destroyed and much more. After something like this happens, it is very emotional and many people can be very confused about what to do or who to turn to for help. If you call your insurance company, you may unfortunately find out that you are not covered by flood insurance or that the insurance only covers part of the damage. This can make the confusion and emotional process of it that much harder. Here at the Higgins Firm, we are a local firm located right here in Nashville and we understand what flooding can do to your home, property and lives because we were recently affected by the flooding as well. We care about you and your property and want to help you get the answers you seek and the help you need.

Many people tend to think that when you buy insurance that it covers everything, your home and all the property inside of your home as well. Unfortunately, this is not necessarily the case. Most insurance agents may not explain to their customers as well as they should, that they may need additional flood coverage to cover the home and items lost or damaged during a flood. People get insurance for a reason, and it is to make sure they are covered and can feel protected when things like floods occur. Therefore, if an insurance agent fails to properly explain about flood coverage then the agent should be the one at fault when it comes to misleading or not explaining things properly to their customers. In Tennessee, insurance agents have a duty to explain to their clients about their coverage and the importance of it, including flood coverage. They should not just assume that their clients know that they are not covered.

Here are some facts about flood insurance from Floodsmart.gov that every customer should know:
• Homeowners insurance usually does not cover floods
• Just an inch of water can cause damage to your property
• New land development and construction may increase a flood risk
• It may take 30 days after purchasing for a policy to go into effect
• If you live in a moderate to low risk flooding area, you may still be eligible for flood insurance

References and for more information about flooding and flood insurance tips, you may visit:

http://www.floodsmart.gov/floodsmart/pages/flood_facts.jsp

Continue reading "Flood Insurance: Are you really covered?" »