Proposed Changes to Tennessee Work Comp Laws

March 29, 2011 by Jim Higgins

The Tennessee Legislature is proposing changes to the workers compensation act. Some of the changes include removing repetitive stress injuries from the act. Jim Higgins was recently interviewed regarding these changes. You can watch the interview here:

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Family Used Hidden Camera in Elder Abuse Case

March 22, 2011 by Jim Higgins

Tennessee residents and people all across the United States want to make sure that their elderly loved ones are well taken care of when they have to be placed in a nursing home facility. Unfortunately, many nursing homes across the country suffered from being understaffed, improperly trained and overworked. These conditions can lead to nursing home abuse and elder abuse of many people’s family members and loved ones. If you suspect that your loved one may be suffering from nursing home or elder abuse, then you should talk to a Tennessee nursing home abuse lawyer right away. They will hear your case and make sure that you and your loved ones get the compensation they deserve.

In this case, Gloria Diaz had repeatedly discovered bruises on her eighty-seven year old mother, Modesta Alvarado, and had questioned the nursing home officials several times but nothing was done. Diaz then contacted the Department of Health and Senior Services who came to investigate in her mother’s room followed by the nursing home officials. When the official did not see any injuries that was the end of the investigation, according to Diaz. This led Diaz and her son to buy a hidden camera which could be hidden in clock radio and hide it in her mother’s room. On March 21, 2011, Diaz was shocked to see her mother being slapped and beaten by an aide at the nursing home, an aide who, according to Diaz said was “like a co-worker and friendly.”

The police reported that the video revealed Julia Galvan, a 59-year-old a resident of the nursing home, slapping Alvarado in the head then giving her two more severe blows on January 15th. Galvan is also seen taking off Alvarado’s oxygen mask. Alvarado had suffered from a stroke in the last year and could not defend herself. Alvarado was found dead by the nursing home staff less than twenty-four after the attack claims were made.

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Depuy Pinnacle Hip Problems Lead to Product Liability Lawsuit

March 18, 2011 by Jim Higgins

Tennessee residents as well as many people throughout the country have heard about the problems and suffering that the Depuy hip replacements have caused for millions of people. Many people have required a second surgery to fix the problem and this has led to additional pain and suffering as well as additional medical expenses. If you or someone you love has had problems with your hip implant and you think it may be a Depuy hip implant, then you should speak with a Tennessee Depuy hip recall and defective product lawyer right away. They will hear your case and help make sure you get the compensation you need.

In this case, a Tennessee resident filed a Depuy Pinnacle lawsuit claiming that he had to have revision surgery to remove his implant after he started experiencing problems with metal on metal implant. The lawsuit is considered a product liability complaint and was filed by Ira M. Campbell and his wife Sherry Lynn on March 8th. They claim that the hip was defectively designed and that the manufactures failed to warn them about the possible risks of Depuy Pinnacle implants.

Campbell was given the implant on May 21, 2009, and had it for less than a year before it failed which then required him to have another surgery to remove the implant on April 6, 2010. The hip according to his claims should have lasted for at least ten years. Shortly after Campbell received his implant; it started to loosen due to friction and biologic corrosion which caused him to experience very severe hip pain. Campbell also claims that the problems from the defective Depuy Pinnacle hip implant have left him with permanent injuries including having to use a cane in order to walk.

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Tennessee’s Malpractice Awards are considered fair and Reasonable

March 11, 2011 by Jim Higgins

In Tennessee as well as all across the United States, people expect that when they enter a medical center or hospital for a problem that they will receive the proper care and treatment. However, in many cases, patients leave and still have the same medical problem or different and worse medical problems than they had before. If you or someone you love feels that you have received inadequate care in a hospital or medical center, then you may have a malpractice claim and should speak with a Tennessee malpractice lawyer right away. They will work with you and help to make sure you get the compensation you need.

Justin Owen, of the “Tennessee Center for Policy Research” has recently claimed that “Tennessee needs more jobs, not more lawsuits.” Mr. Owen went on to claim that a $19 million judgment last year represents a growing trend of lawsuits in our civil justice system. However, the number of lawsuits filed in Tennessee last year was lower than any other year over the last five years. Ten years ago, approximately 1,000 lawsuits were tried each year compared to only three hundred and eighty four last year.

Mr. Owen went on to claim that, "a staggering 47 counties do not have an emergency room physician.” However, there are only fifteen counties in Tennessee that do not have emergency rooms and this is because these counties are in rural areas that do not have hospitals. The remaining eighty counties have emergency rooms with a physician and provide twenty-four hour care seven days a week.

In 2008, the Tennessee Association for Justice worked with and the Tennessee Hospital Association and the Tennessee Medical Association to help lower the number of lawsuits against Tennessee health care providers and still hold negligent health care providers accountable for their actions. Since 2008, malpractice lawsuits have been lowered by forty-four percent. Tennessee juries have also proved themselves to be reasonable and trustworthy because they must all agree on the amount of the verdict.

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Potential Delay by Johnson and Johnson in issuing DePuy Hip Recall

March 7, 2011 by Jim Higgins

It has been suggested and argued by plaintiffs in multiple cases involving the DePuy hip recall that the company that manufactured and sold the products was aware of the unusually large number of problems associated with their new product, but failed to act quickly enough in recalling the devices.

Consequently, thousands of people have received faulty hip implants in spite of increasing numbers of problems with hip implants already in place. Compounding the problem was the company’s insistence that there was not an unusually large defect rate.

The implants in question are either the DePuy ASR Hip Resurfacing System or an ASR XL Acetabular System. The problems that have been associated with the hip stem from a breakdown in the metal of the hip implant. This breakdown has caused issues such as weakness, instability, popping, pain and in worst cases, metallosis.

Metallosis is a condition that is caused by the metal particles that are broken free from the hip implant and released into the bloodstream. Simply put, the metal that comes from the hip implant failure may be released into the blood and can cause severe problems in other bodily organs. When metal is released into the body, organs such as the liver and spleen operate to remove the impurity from your system. However, metal is not something the body can easily accommodate or remove. Long term, high levels of metal in the blood can destroy organs and cause significant health issues.

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