Tennessee Injury Lawyer Blog

Tennessee residents as well as people all across the country have heard about the Depuy hip recalls. Many of us may have even had a loved one or friend with a defective Depuy hip implant. However, many people may not be aware that many drug companies hire doctors to promote and advertise their drugs and other products. If you or someone you love has recently suffered hip pain or needed a second surgery to replace a failing hip implant, then you should speak to a Tennessee Depuy hip recall and defective product lawyer right away. They will help see to it that you get the compensation you are entitled to for what you have suffered through.

Many drug companies including Johnson and Johnson, Lilly, Cephalon, Merck, Pfizer, and GlaxoSmithKline have paid more than $257.8 million to doctors since 2009. Doctors are hired to organize “educational” seminars or meetings that will mention the benefits and risks of certain drugs and products. However, these physicians are actually using these meetings to advertise a certain drug or product for a certain company. According to research by ProPublica and National Public Radio it has been shown that physicians who are on a drug company’s payroll are not actually specialists. This leads to questions over their role as consultants for the company.

Several state medical boards have also penalized doctors who are receiving payments and many of them are now charged with misconduct. In the past, doctor and company relations were kept quiet but now, patients have access to a database which allows them to see if their physicians have received payment.

Continue reading "Doctors Get Paid by Depuy Company to Promote Drugs and Products" »

In Tennessee and all across the country as well as all across the world, people know about the Depuy hip recalls and all the trouble they have caused millions of people with the failed hip implants. Many people with these implants have had to undergo multiple surgeries to get the problems fixed, not to mention pain and problems in their daily lives due to the failing implants. If you or someone you know has had to suffer due to a failing Depuy hip implant, then you should speak with a Tennessee Depuy recall and defective product lawyer as soon as possible. They will hear your case and work with you to make sure you get the compensation you need for what you have been through.

The Depuy Company is now stating that they will offer compensation for out of pocket expenses for the failure of their XL Acetabular System hip implants. These claims do not mention other costs. Depuy’s statement is they “will “cover reasonable and customary costs of testing and treatment if patients need services, including revision surgery if necessary.” The statement fails to say that patients have to fill out documents and send in evidence proving that they have a failing Depuy implant before even qualifying for these payments. This statement also fails to say that if a patient signs and sends in these documents they are agreeing to give Depuy x-rays, explants, and other medical information after a second surgery is performed. This means that in order to receive payment for a second surgery or other treatment, patients have to give their personal information and failed implant to Depuy. Depuy also says that they pay for patients’ co-pays, travel, and lost wages but then state that “These costs will be more clearly defined shortly and are subject to review on a case-by-case basis.”

Many people have suffered from these hip failures including caregivers who have to help out with loved ones, children whose parents or grandparents may not be able to care for them anymore, and coworkers and employers who have to cover for the person who is out of work due to this failure. Finally, people who suffered from these hip implants failing may need to move to different homes or have homes modified to fit their needs and some may need to be on permanent disability. These out of pocket expenses that Depuy is willing to pay will not cover all these costs.

Continue reading "DePuy Company Offers to Pay Out of Pocket Expenses for Hip Implant Failure" »

Tennessee residents and people all across the United States use and rely on millions of products every day to get them safely to and from their destinations, to protect their loved ones, to talk with friends and to make businesses run smoothly. Unfortunately, sometimes the products we depend on to get us through the day are defective and may result in our loved ones suffering injuries because of it. If you have or someone you care about has suffered an injury because of a defective product, then you should speak to a Tennessee defective product and personal injury lawyer right away. They will work with you and see to it that you get the compensation you are entitled to for the injuries you have suffered.

In this case, Ernesto Torres was driving a Ford F-350 Econoline 15-passenger van on August 16, 2004, when the van flipped over after a Goodyear Load Range E tire on the left rear tire blew after a tread separation. Andrew Torres, Hervetina Bahena and Frank Enriquez, three passengers in the van were killed and Joseph Enriquez suffered from severe brain injuries and six other passengers were also injured.

The injured parties and families of the crash victims claim that the tire and the van were both designed defectively and manufactured with a tire that was prone to tread separation. Ford Motor Company settled before the trial and the amount was not disclosed. Goodyear wanted to argue in 2007 that the tire failure was due to significant road hazard damage that had taken place before the accident.

However, the judge in that trial ruled without holding a full evidentiary hearing struck down Goodyear’s liability issue and allowed the defendants to contest damages only. The jury awarded $14 million in damages to Joseph Enriquez, and a total of $14 million to the three families of the crash victims.

In July 2010, the state Supreme Court upheld the decision and stated, hen a sanction is “non-case concluding,” an evidentiary hearing is not mandatory.” Then Goodyear, supported by several associations and the U.S. Chamber of Commerce sought a rehearing. In its most recent ruling the state high court, however denied the petition but addressed issues to justify its 2010 decision. The court stated that, “A January 2007 hearing attended by counsel for both sides was sufficient for the trial judge to ask questions on the discovery dispute without the necessity of cross-examination.”

“Although Goodyear requested an evidentiary hearing, it did not make an offer of proof to the district court as to what evidence should be considered in addition to the representations of counsel,” the Supreme Court ruled.

Continue reading "High Court Rules 6 to 1 Against Goodyear in $30 million verdict" »

People in Tennessee as well as people all across the country want the very best for their elderly loved ones. We want to know they are going to be well taken care of and kept safe even though we can no longer care for them by ourselves. This is why many Tennessee residents visit many nursing homes trying to decide on the best one for their loved ones and friends. Unfortunately, sometimes even the nursing homes we think are the good ones face problems, accidents, and malpractice with their patients. If you feel that your loved one has been the victim of abuse or malpractice, then you should talk to a Tennessee nursing home abuse lawyer right away. They will hear your case and make sure you get the compensation you and your loved ones deserve.

In this case, Cynthia King is filing a lawsuit against the Park Manor Humble nursing home claiming negligence and wrongful death. According to the lawsuit, King claims that in November 2008, her mother needed to be hospitalized after her leg was fractured and her shoulder dislocated due to falling out of her wheelchair while under the care of the nursing home. In February 2009, King’s mother had to have surgery because she developed a stage IV pressure sore on her back due to the nursing home failing to turn her in bed regularly. Also, according to the lawsuit, King’s mother died as a result of multiple surgeries and wounds she had to endure because of the nursing home failure to provide her with proper care. Cynthia is seeking damages under the wrongful death statue and court costs.

Continue reading "Nursing Home Named in Malpractice Lawsuit" »

Tennessee residents as well as many people all over the United States have heard plenty of news about the Depuy hip recall and many have even been personally affected by the defective implants and the recall. If you have experienced pain near your hip implant after receiving it and suspect your implant might be defective and part of the recall, then it is important that you contact a Tennessee defective product and Depuy hip implant recall lawyer as soon as possible. They will work with you and other medical professionals to make sure you get the compensation you are entitled to for your pain and suffering.

Many people may know about the recall and even the possible sy
mptoms but many people are probably wondering about how to find out what kind of hip implant they even have and if it is a part of the Depuy recall. Here are some tips you can use to help you figure out what kind of implant you have:

• Contact your surgeon or the hospital where you had your hip replacement surgery. Ask them for your medical records regarding the surgery and the type of hip implant you received.
• Request a copy of your medical records including all documents that list all the components used in your hip replacement system. This will help lawyers and doctors figure out if you have a case and provide you and them with evidence.

• If you find out that you did receive a Depuy hip implant, it is recommended that you contact a Tennessee Depuy hip implant and defective product attorney right away to see what kind of compensation you could receive.

• If you do not have a Depuy hip implant, but are worried that your hip implant may be defective or failing, contact your doctor as soon as possible to discuss the problems and possible treatment options.

• If your doctor determines that your hip implant is failing, it is important to report it to the FDA so an investigation can take place.

• Many people with Depuy hip implants will also be notified by their doctor or hospital by mail or phone and will receive instructions about how to get their hip implant examined for problems.

Continue reading " DePuy Hip Replacement Recall Victims: Tips for Finding out What Kind of Hip Implant you Have" »

In Tennessee and across the country, we have all heard or even witnessed tragic events happening to many people when drivers who are under the influence of alcohol decide to get behind the wheel. Some of us may have friends or family members that we lost because of it or even just a coworker. If you or someone you love has lost someone or been injured due to a driver under the influence of alcohol, you should speak with a Tennessee personal injury lawyer right away. They will hear your case and work with you to make sure you get the compensation you deserve for the pain and suffering that you have been caused.

In this case, Andrew Thomas Gallo had a blood alcohol level of more than twice the legal limit when he sped through a red light and crashed into a car. The crash killed Los Angeles Angel pitcher Nick Adenhart who was just beginning his first full season in the major leagues. He had just pitched his fourth Major League Game hours before. The crash also killed Courtney Stewart a twenty year old student and former cheerleader and law student Henry Pearson, age twenty-five, who was working towards becoming a sports agent. Finally, Jon Wilhite, a former a former baseball player for the Cal State-Fullerton Titans was critically injured and now stable.

Gallo was being drunk while on probation and also was driving with a suspended license when his vehicle going about sixty-five miles per hour crashed into Adenhart’s vehicle at 12:23 a.m. on April 9, 2009. His license had been suspended due to a prior drunk driving conviction in 2006.

Two hours after the crash Gallo’s blood alcohol level was 0.9% which was well above the 0.8% legal limit, according to authorities. Gallo was sentenced on December 22, 2010, to 51 years to life in prison after a jury found in guilty in September of three felony counts of murder, felony drunk driving and two other felonies.

Continue reading "Drunken Driver Gets Sentence of 51 Years for Killing Baseball Pitcher" »