Tennessee Injury Lawyer Blog

After the past few years the state of Tennessee and my office has seen more age discrimination cases. There is some debate as to why. The most commonly given reason I hear for the rise in job related age discrimination is that the work force is simply getting older. Whatever the reason for the rise in claims it is very unfortunate that it is occurring.

Under the law employers may not discriminate against employees in hiring, firing, or other terms and conditions of employment if they are 40 years of age or older. This law applies to all employers with 20 or more employees. Tennessee has some laws that applies to employers with less than 20 employees.

If you feel that you are being treated differently solely on the basis of you age it is important that you take every step necessary to protect yourself. It is not an easy task to prove age discrimination so it is advisable that you contact an attorney, the EEOC or both if you are uncertain as to what you should do.

There are many considerations in determining the value of a workman's compensation claim. One of the most crucial factors is whether the "cap" applies. The is a limit in Tennessee on an award if the employer goes back to work for the same employer. Basically, if an employee returns to work for the same employer, making the same or greater hourly wage as before the injury, then their permanent disability is limited to no more than 1.5 times your medical impairment rating. This was placed as an incentive to have an employer return the employee to work.

It is important to note, however, that there are many situations where a workers compensation case can be reopened if the employee later losses his job. This is know as a right to reconsideration under the TN comp act. There are time limits to the right. The the right to file for reconsideration of the award must be done within 200 or 400 weeks of the return to work, depending on the type of injury. For instance a back injury there is a 400 week time limit but a leg injury is only 200 weeks.

If you have recently lost your job and had a prior workers compensation settlement you need to check your right to re-open your claim. Feel free to call my office to discuss.

Baxter International Inc. has announced the recall of all remaining, potential lethal doses of its heparin products including its possibly defective:

• Sodium injection multi-dose


• Single-dose vials


• HEP-LOCK heparin flush

This completes the series of heparin recallsTennessee Law Blog has been covering.

The first Baxter heparin recall was made in January when it recalled nine lots of heparin sodium injection multi-dose vials. This came after a number of reports of patient reactions and side-effects.

FDA officials refused to take further action at the time out of fear a total recall would create product shortages of the blood thinner, which is need in operating rooms, dialysis centers, and other areas of critical care.

FDA officials and Baxter now consider the supply of safe heparin sufficient to remove possibly lethal Baxter heparin from market, including all remaining heparin sodium injection and heparin flush products.

Reported adverse reactions include stomach pain and discomfort, burning sensations, nausea, diarrhea, and faintness/shortness of breath. The defective heparin has also been known to to be entirely ineffective, causing serious side-effects. Confirmed cases also show that the defective Baxter heparin has caused death. Most Baxter heparin deaths have come from allergic reactions and occur within minutes of heparin-initiation.

Note: This recall does not involve Baxter's heparin pre-mix IV solutions in bags: heparin sodium in 5% dextrose injection and heparin sodium in 0.9% sodium chloride injection.

If you or a loved one has been seriously injured by Baxter’s defective heparin, contact HHP today to begin the process of forcing Baxter to take responsibly for the injuries it has caused from its defective drugs.

Click for a free consultation with a Nashville dangerous drug attorney.

This week I was interviewed by a local news station, Fox 17, to discuss the sexual assaults which recently occurred on school buses. Unfortunately, my office has handled several inadequate security cases and school liability cases. These cases never come to my office until the damage has been done. As such, I would like to share a little advice to prevent these tragic events before they happen.

I have found that in almost all my school violence cases ofter, there was a lack of communication between the student, parents and school before the accident occurs. Many times this happens in cases where considerable warning signs existed. As such, if you have a child or friend that is dealing with a bully or aggressive student I would suggest you consider the following advice:

Whenever a serious case of bullying occurs, make a personal visit to the teacher, principal and follow up with certified letters or emails to the principal of the school, school board members, and the superintendent. Include the full names of all of the bullies, what the bully or bullies did, and the date the incident occurred. Request a response and a plan of action.

With any serious bullying you should call the police immediately.

You also want to document everything that happens. Write copious notes about every aspect of the bullying. If there are bruises or injuries, take pictures. Use a notebook to write down any doctors visits, calls to the school, visits to the school, letters sent, and also all responses that you receive.

If you have any questions, feel free to call my office.