Tennessee Law Blog

Yesterday Claudia Pinto writing for the Tennessean reported what Nashville personal injury lawyers have known for almost a decade now: toxic mold is a big problem in Tennessee.

Perhaps the reader recalls two years ago the Nashville firefighters who came down with toxic mold-related health problems and were awarded three-quarters of a million dollars for their loss of work and quality of life. If not, it’s time to refresh Tennesseans’ memories like Ms. Pinto did yesterday in her article “Unhealthy Mold Easily Takes Hold in Tennessee Homes.”

The subject of the Tennessean article was a Madison, TN woman suffering from “frequent headaches, sinus infections and bouts of bronchitis” and who did not realize the “black mold” growing in her home was the cause. Toxic mold is a bit of a misnomer as the mold itself is not toxic. Instead, its mycotoxins, certain chemicals the mold has developed to kill other molds and prevent them from growing nearby, that are. The most common toxic mold is black mold, which is a dark green or black-green mold better classified by its Latin name Stachybotrys chartarum (formerly called Stachybotrys atra).

Apparently The Metro Health Department receives “roughly 25 calls a month from people who want guidance on how to rid their homes of the fungus.” Memphis is particularly hard hit by this health hazard. Common culprits promoting mold growth are humidity, leaky pipes, and flooding—all of which we have too much of in Memphis.

Other side effects of toxic mold include fatigue, sinus problems, migranes, nosebleeds, and a persistent cough. According to The Tennessean article, the Madison woman never got sick before moving into her mold-infested house. Her health problems have cost her plenty over the past four years of doctor’s visits and medicine.

Contact us if you suspect your illness is due to toxic mold exposure. HHP accepts clients throughout Tennessee.

Today (9/25) is Nashville’s first observance of the National Day of Remembrance for Murder Victims.

The memorial for murder victims is scheduled for 5:30 p.m. today in Centennial Park in the Children’s Garden. There will be music and shared memories of friends and family of murder victims. A flag commemorating children who have died due to abuse will fly and the garden’s entrance will be decorated with purple and maroon ribbons symbolizing the number of people who were murdered in Nashville this year.

If your loved one was a victim of a murder or violent crime, HHP’s thoughts go out to you today. For crime victims or their survivors still dealing with a wrongful death, our and premise liability attorneys may be able to monetarily help ease some of the financial pain from your loss.
Tennessee law holds property owners liable when they allow violent crime to occur on their premise.

Our attorneys focus on obtaining moneys from insurance companies when violent crime victims are assaulted, raped, or killed while in a business's parking lot, a poorly-managed apartment or hotel, and other places where property owner could have prevented violent crime from occurring. Most times insurance companies settle these inadequate security lawsuits out of court.

Last week the FDA issued a warning letter to the owner of Melanocorp, Inc. based in Hendersonville, Tennessee for its illegal marketing and sale of Melanotan II.
Melanotan II has never received FDA approval. The company alleges in its illegal marketing claims that Melanotan II can prevent skin cancer.

Melanotan II is an injectable drug that is supposed to tan skin, according to its website that both markets and sells the drug (“drug” defined by the Federal Food, Drug, and Cosmetic Act). As a drug, its safety and claims to effectiveness have not been analyzed by FDA scientists. Because it hasn’t been tested, it is illegal to sell online. FDA officials have also cautioned consumers about injecting any substance, especially those without FDA approval, unless under the advice of a certified physician.

As of this writing, available information about Melanotan II appears to be from the company itself, including the article on Melanotan II on Wikipedia (the online, open-source encyclopedia resource). Melanocorp, Inc.’s official site has for the time being removed its website advertising Melanotan II, though FDA spokespeople believe other sites might still sell the potentially dangerous product. Wikipedia editors plan to soon remove the misleading information (considered advertising) about this skin tanning product.

If Melanocorp’s shady marketing schemes and misleading advertisement have led to your or a loved one’s injury, we’d like to help get you the recoveries you deserve. Check out HHP’s dangerous drug law page or contact us immediately at 615.353.0930 or toll free at 800.705.2121.

Another Tennessee nursing home is in hot water. Tennessee Department of Health Commissioner Susan R. Cooper has suspended admissions to yet another Tennessee nursing home. The most recent culprit of providing inadequate facilitated care is Beech Tree Manor, a 110-bed nursing home located in Jellico, Tennessee, north of Knoxville near the Kentucky border.

Last Friday, the nursing home was ordered to suspend admissions and fined $1,500 by the State of Tennessee with a recommended federal penalty of $6,175 a day be imposed until the violations are corrected. This was a result of earlier investigations that found violations in quality of care and nursing service standards.
Nursing homes are at heart businesses, and suspended admissions and levying fines are the main way the state can make sure a nursing home cleans up its act. The order to suspend admissions remains as long as conditions remain below standard. The written order must be posted at the entrance of the nursing home in plain sight as a warning and notification to those whose family members might have suffered nursing home abuse.

HHP attorneys review nursing home neglect and abuse cases throughout the State of Tennessee. If you suspect abuse in your loved one in a Tennessee nursing home, contact us.