Tennessee Injury Lawyer Blog

In California, Evelyn Rogoff was fixing herself hot tea on an electric stove when her chenille robe caught fire. Her husband attempted to smother the flames. He would die in the pursuing months from the attempt but not before hearing that his wife had passed. She had survived breast cancer; she could not survive the unsafe product that caused her third-degree burns and took her and her husband’s life. That product was a Blair chenille robe.

Meanwhile, survivors of a mother whose Blair chenille robe likewise caught fire leading to her injury and subsequent death have filed a wrongful death lawsuit and product liability claim against the manufacturer. The late Atwilda Brown was in her kitchen, presumably cooking, when her Blair robe caught fire and killed her in 2005. Ms. Brown is one of six persons to suffer fatal burns from a chenille robe, the majority of whom are elderly women who died while cooking and wearing the dangerous product.

The recalled Blair robes were manufactured in Pakistan by A-One Textile & Towel and distributed by Blair online, through Blair Catalogs, and at the Blair company’s Pennsylvania and Delaware stores. Blair has issued two recalls since April this year for roughly 300,000 flammable chenille products it sells. These include chenille full-length robes, chenille jackets, and chenille tops. The initial recall in April mentioned three reports of robes catching fire, one of which caused to second-degree burn injuries.

The recalled clothing does not meet federal flammability standards, according to the U.S. Consumer Product Safety Commission (CPSC).

Ms. Brown had purchased her robe three weeks prior to her death from what the death certificate lists as fatal injury “from clothing catching on fire.” With her product liability lawsuit, her daughter seeks to garner public attention to this hazardous product that may still be being worn unknowing by loved ones.

If you have been injured by a defective product that a seller or manufacturer knew or should have known was defective or dangerous, I encourage you to speak with one of Higgins Law Firm’s personal injury attorneys. Our Nashville, TN law offices pursue claims throughout Tennessee, as well as select product liability and wrongful death cases in Kentucky and Georgia.

Yesterday, all Accusure insulin syringes distributed since January 2002 were recalled by device manufacturer Qualitest Pharmaceuticals. The Huntsville, AL-based manufacturer of Accusure estimates the recall affects 250 million insulin syringes. So far, the company has admitted four reports of the needle detaching from the syringe. These recalled Accusure insulin syringes were distributed wholesale and at retail pharmacies throughout the U.S., including Tennessee.

Previously, Qualitest Pharmaceuticals recalled two lots of syringes distributed in 2007 and 2008. This week's recall expands the range of potentially unsafe insulin syringes back to those Qualitest has distributed since January 2002. These recalled medical products have the following descriptions and national drug codes:

Continue reading "Insulin Syringe and Catheter Sheath Medical Device Recalls" »

Should I pay the ticket or try to fight it?

The Government is giving out Speeding Tickets in record numbers. They are also giving out other types of moving violations. Many people who get Speeding Tickets in Tennessee are traveling through the state and are not familiar with the many speed limit changes that occur on Tennessee highways. Tennessee Speeding ticket police are there waiting to get you when the posted speed changes. Speeding tickets in Tennessee get reported to your home state as soon as you mail in your money and plead guilty.

The effect that a Tennessee Speeding ticket has on your insurance premiums is shocking. The Speeding ticket fine and court fees are just the tip of an iceberg. Your insurance is what matters. Your points will stay on your driving record for at least a year. Points on you record can have a dramatic impact on your insurance premiums. When or if you ever try to get coverage on a new policy, a TN speeding ticket can preclude you from obtaining insurance coverage. If the speed is extremely high, your premiums may be the least of your worries. Many judges in the State of Tennessee will actually require you to do jail time if he speed is excessive. You should not pay your Tennessee speeding/traffic ticket fines without a fight. If A Tennessee Traffic Ticket Lawyer can often appear for you if you are out of state, get the fines reduced, and give you a chance of getting the speeding ticket dismissed altogether.
The speeding ticket laws in Tennessee are complex, and they vary from city to city. Even though you may have been told by a Tennessee Speeding Ticket police officer that you can go to traffic school and it will be dismissed, this is not altogether true. Call the Higgins Firm and get our traffic ticket experts to handle the Tennessee speeding/traffic ticket for you. We will give you an assessment of your ticket based on your particular set of facts. We are here to help.

Last week, a Chattanooga businessman pleaded guilty in federal court on charges of conspiring to violate the Clean Air Act, an offense punishable by up to $250,000 fine and five-year prison sentence. The crime: improper disposal of asbestos. The culprit: Standard Coosa-Thatcher Co.’s Chattanooga, Tennessee mill.

Yes, asbestos is still with us, as are its fibers’ dangerous health effects.

Just last month, Tennesseans Doug and Donna Satterfield won the judgment of the Tennessee Supreme Court after a long series of asbestos court battles against the aluminum manufacturer Alcoa. The Satterfields claim workplace asbestos took the life of their daughter by mesothelioma, an asbestos-caused cancer. Alcoa apparently avoided OSHA regulations by allowing employees exposed to asbestos to take home their exposed work clothes and, according to the lawsuit, Alcoa employees were never told they were working with asbestos. It wasn’t until years later when his daughter at age 23 was dying of the rare asbestos cancer was that Mr. Satterfield realized he’d exposed his newborn daughter’s delicate lungs and digestive system to asbestos whenever he rocked her in his arms after work.

The Satterfields’ daughter filed suit against Alcoa for exposing her to the asbestos that would eventually kill her. After her passing, Mr. and Mrs. Satterfield pursued the asbestos lawsuits on their daughter’s behalf. Initially, a Tennessee judge dismissed the case, but justice was found through the Tennessee Court of Appeals and, last month on their daughter’s birthday, the Tennessee Supreme Court ruled in the Satterfields’ favor.

This Tennessee Supreme Court decision expands Tennessee employee protections against asbestos exposure. It provides incentives to employers to follow Tennessee and federal workplace law by holding them accountable for subsequent injuries caused by their workplace hazardous materials. It also expands liability to allow those not in direct asbestos contact to pursue claims for the injuries these companies have caused.

Asbestos exposure can cause cancer and serious respiratory diseases. Treatment for mesothelioma includes chemo and radiation, but there is no known cure. Because asbestos injury can take decades from first exposure to asbestos fibers to manifest, not all Tennessee employers are forthcoming in providing protection and/or information about asbestos-related workplace hazards.

The dangers of asbestos fiber exposure have been known for decades, yet simple preventative measures to reduce workplace exposure, and the exposure of other innocent persons who may not be on the company payroll, are too often not implemented by Tennessee companies. If you believe asbestos exposure has caused your, or a loved one's, injuries, call 1.800.705.2121 or complete our asbestos lawyer injury form. Our injury lawyers accept asbestos cases throughout Tennessee and select cases in Georgia and Kentucky.

Philips Electronics, a Dutch company, announced a recall this Tuesday of 5,400 defibrillators for potential defective memory chips. The majority of these defective medical devices being recalled are defibrillators sold in the U.S. These memory chip failures render the device inoperable.

Affected defibrillators are Select HeartStart FR2+ Automated External Defibrillators (AED) (models M3860A and M3861A, distributed by Philips; and models M3840A and M3841A, distributed by Laerdal Medical). These medical devices were manufactured between 5/2007 – 1/2008.

Downplaying the seriousness of this recall of these medical devices on market for over two years, a Philips spokesperson stated that his company sells so many defibrillators worldwide that “the recall [of 650,000 potentially defective defibrillators] represents less than 1 percent [sold].”

Defibrillators are used by response teams to respond to sudden cardiac arrest by helping restart a patient's heart. Other device manufacturers have recently recalled their defective AEDs for software flaws, inability to function in humid conditions, and other potentially fatal manufacturing errors. AEDs affected by the Phillips' medical device recall will impact hospitals, first responders (fire departments and EMS), and other emergency and health organizations.

Philips is one of the world’s top three hospital equipment companies. So far no reports of injury due to product failure have been reported in Tennessee. Customers who have questions about the recall or wish to report product problems may contact HeartStart Customer Service at 1-800-263-3342.

If a Philips or another brand of defective defibrillator has caused harm to you or a loved one, contact Higgins Firm to explore your legal options with a defective medical device lawyer. Call 1.800.705.2121 or complete our defective medical device injury form. Our injury lawyers accept cases throughout Tennessee and select cases in Georgia and Kentucky.

There are parts of our workers compensation system that I really like and there are parts that I do not like. One benefit that is wonderful when it works correctly is the right to lifetime medical benefits for your workman's compensation injury. Basically, in Tennessee if you sustain a permanent injury as the result of a work accident you are entitled to medical benefits for that injury for the rest of your life. Unfortunately, the insurance carriers will often deny these benefits by claiming the needed medical treatment is not related to the original injury.

If you had a TN comp injury and now need medical treatment for that injury it is very important that you have good communication with your doctor. The approval of these medical claims will usual rise and fall based upon your doctor's opinion as to whether the need for treatment is related to the original injury. As such, if you are anticipating future treatment do not wait until the last minute to see your work comp doctor. Be sure to visit when needed and discuss any progression in symptoms and build your relationship. If you are honest and straight forward with your doctor they will usually stand by you if the insurance company turns down your claim. So much if your case will rest in their hands so keep that relationship strong.

It is also important to note that if the workmen compensation insurance company denies the medical benefits and a court finds the denial to be in error then you will be awarded attorney fees. As such, our office is able to take these cases without charging the client. We only get paid if we win the case. Of course, that also means we need to feel good about being able to win a case before we accept them. These cases can be expensive to try and very time consuming so most attorneys want good medical documentation supporting the need for treatment and relating the need to the original comp injury. Without that medical support they are hard to win. So again, do your best to create a strong working relationship with your doctor. It will help you, your lawyer and the Court will have a better understanding of your medical needs.

If you have any questions, please feel free to contact my law office.