Doctors Are Telling Patients to Take Time Off from Bisphosphonates

May 19, 2011 by Jim Higgins

Many people in Tennessee and across the United States have been prescribed medications such as Fosamax or other medications for treatment of their osteoporosis. Unfortunately, some of these medications are now showing evidence of femur fractures in postmenopausal women when used over a long period of time. If you or someone you care about has taken Fosamax or another osteoporosis medication and have experienced fractures or other problems, you should speak with a Tennessee dangerous drug lawyer right away. They can help answer any questions you may have and help you get the compensation you deserve.

According to evidence, Fosamax is supposed to make bones stronger but if taken for more than five years; some women could suffer from accidental fractures. This information is not changing many doctors minds about starting these medications, however, they are advising patients to take a break from the medicine after two or three years of taking them.

Sandy Potter, 59, had been taking Fosamax for almost ten years when she was outside jumping rope with the neighborhood kids and her thigh bone snapped. Many doctors have since patients with this problem that are doing low energy exercise such as just walking up steps. Fosamax has also in the past been linked to severe musculoskeletal pain and serious jaw related problems.

Even with these risks, doctors are still advising that patients take the medications because they still seem to prevent most common types of fractures, however, they have recommended that the Food and Drug Administration rewrite the medication labels to warn doctors as well as patients about the risk of possible femur fractures.

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Tennessee Attorney Jim Higgins Discusses Impact of Tort Reform

May 16, 2011 by Jim Higgins

Tennessee Attorney, Jim Higgins, was recently intverviewed with regard to the impact of the Tort Reform Legislation. You can watch the interview here:

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Tennessee Senate Passed Bill Limiting Lawsuit Payouts

May 16, 2011 by Jim Higgins

When Tennessee residents get injured through not fault of their own or because a doctor was negligent, they have the right to file a claim and have their case heard. They also have the right to collect compensation if their case is heard before a court. However, a bill passed on May 12, 2011, in the Tennessee Senate will limit the amount of compensation a person or family is entitled to based on the type of case they have. If you have been injured or have questions about how this new bill will affect your case, then you should speak with a Tennessee personal injury lawyer right away. They can answer any questions you may have and help get you the compensation you are entitled to.

This bill will mean that a $750,000 cap will be placed on damages that are considered non-economic, such as pain and suffering, and there will be a $1million cap for cases that involve serious spinal cord injuries, severe burns, or the death of a parent or child. Punitive damages will be capped at twice the amount compensatory damages or at $500,000 whichever is the greater amount. After the bill was passed, Republican Senate Majority Leader Mark Norris stated that, “Thirty states have done this so it’s a big step for Tennessee. We think it's not only a good thing for competitiveness, but to maintain the strength of our judicial system."

Supporters of the bill think it will help create jobs and people opposed to the bill say that limiting damages will unfairly target victims and free companies and other business from accountability and personal responsibility. Democratic Senator Roy Herron of Dresden stated that, "We are harming the victims and protecting the wrongdoers. You've got non-economic damages, you've got punitive damages, you've got the Consumer Protection Act, you've got security, it's a bunch of bills put together and I thought it ought to be voted on its own merits." Finally, for people that really believe in the system, they believe this a tragedy, and that a jury should decide damages. Mary Mancini, executive director of Tennessee Citizen Action, stated that, "Any legislator that voted for this bill will have to look into the eyes of a victim's family member and tell them: `"This is how little I think your loved one is worth."`

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Jury Awarded $322 Million to Man in Asbestos Lawsuit

May 9, 2011 by Jim Higgins

In Tennessee and all across the United States, residents as well as workers deserve to go into public buildings or places of business without the risk of being exposed to harmful chemicals and substances that may cause them health problems later on in life. Unfortunately, many workers and people inhale fumes from asbestos and other dangerous chemicals all too often. If you are a worker or a person that may have been exposed to asbestos or another harmful chemical while working or visiting a public place, then you should speak with a Tennessee dangerous product and personal injury lawyer right away. They will hear your case and work with you to make sure you get the compensation you deserve.

In this case, Thomas C. Brown claimed to have inhaled asbestos while mixing drilling mud that was sold and manufactured by Chevron Phillips Chemical Company and Union Carbide Corporation. When Brown was sixteen he started going into the oil field from 1979 to the mid-80s and mixed an asbestos drilling additive only to be diagnosed thirty years later with asbestosis and require oxygen twenty-four hours a day.

According to the lawsuit, Chevron Phillips Chemical Company and Union Carbide Corporation knew that asbestos could cause cancer and lung disease, however, they continued to market their almost one hundred percent asbestos products long after they had become aware of the dangers. The jury found the company liable for defectively designing their products and for failing to provide an adequate warning to their workers. The jury awarded Brown $300 million in punitive damages and another $22 million in actual damages.

The company stated, “The credible medical evidence introduced at trial clearly demonstrates that, while Mr. Brown suffers from shortness of breath, such condition is not attributable to asbestos exposure," about the lawsuit’s verdict.

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