Medical Malpractice Lawsuit Results in $2.5 Million Award

August 29, 2011 by Nicole Barto

According to a recent lawsuit, Lawrence Dixon, 59, died in May of 2007, two days after suffering from a pelvis fracture after a fall. When the lawsuit was first filed it included the Montgomery General Hospital and other medical staff but finally was limited to Dr. David Harding, Dixon’s primary care doctor. The lawsuit claims that Dr. David Harding failed to note Dixon’s internal bleeding during his examination. Dixon’s family who filed the lawsuit claim that if Dr. Harding had noted the internal bleeding that he would have been able to save Dixon’s life and that his failure to diagnose the bleeding led to Dixon dying from multiple organ failure.
The lawsuit also claimed that Dr. Harding should have seen multiple signs that could have made him aware of the problem and one of those signs included that Dixon had failed to produce urine in twenty-four hours. Some of the other signs included a rapid heartbeat, low blood pressure, and a loss of lucidity.

The defense for this case claimed that Dixon died due to a medication called kayexalate. It is a thick drink that causes a reduction to potassium levels. They claimed that Dixon drank the shake and it went into his lungs cutting off his oxygen. However, Dr. Harding failed to state this anywhere on Dixon’s death certificate. The jury awarded Dixon’s estate and his wife each $1 million in non-economic damages and also awarded $250,000 to each of Dixon’s children.

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Drunken Driving Lawsuit Results in $3 Million Award

August 29, 2011 by Nicole Barto

In Tennessee and all across the United States, many people unfortunately get behind the wheel of a vehicle after they have been drinking. Unfortunately, many times this careless action leads to someone being seriously injured or even dying. If you or someone you care about has been injured or affected by a drunken driving accident, then you should talk to a Tennessee personal injury lawyer as soon as possible.

In this case, Charles, “C.J.” McAlhaney, 23, died after a drunken driving car accident in 2006. The defendant in this lawsuit pled guilty to three felony counts which related to McAlhaney’s death in 2010. The defendant received a nine year prison sentence, with three years suspended. This was one of the largest personal injury verdicts awarded in the state in 2011. The case was taken on a pro bono basis after a referral from the Mothers Against Drunk Driving. The judge awarded Robin Chaplin, McAlhaney’s mother, $3 million for the loss of an adult child.

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Tennessee Hip Recall Lawyer, Rick Piliponis, gives an update

August 23, 2011 by Jim Higgins

Tennessee Lawyer, Rick Piliponis, is interviewed with regard to recent developments as to hip recalls. Specifically, thousand of ASR DePuy Hip Implants were recalled. Many people who had the hip installed are now having to undergo hip replacement surgery all over again. To recover their losses medical product liability recall cases have been filed across the Nation. You can watch Mr. Piliponis interview on recent developments below:



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Nashville Lawyer Jim Higgins interviewed on verdict against drug manufacturer

August 18, 2011 by Jim Higgins

Recently a Jury awarded awarded more than $10 million to a young girl from Tennessee after she suffered form a severe skin disease that left her blind in one eye and with skin sloughing off all over her body related to Motrin. You can watch the interview here:

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Botox Injury Results in $212 Million Verdict for Permanently Disabled Man

August 17, 2011 by Nicole Barto

When Tennessee residents and people all over the United States go into a doctor’s office or hospital to have a medical procedure they expect to get better. Unfortunately, sometimes treatments or procedures are given that may be dangerous and harmful to patients and this may result in an injury and the need for additional care or treatment. If you or someone you love has had a procedure or taken medication and then suffered further injury as a result then you should talk to a Tennessee dangerous drug and personal injury attorney right away.

In this case, a man received Botox injections in 2007 as treatment for a hand tremor and writer’s cramp. The first two treatments went well, however after the third treatment the man suffered a rash then metal confusion that led to brain damage which left him disabled and needing twenty-four hour care. The Botox injections have left him unable to walk, talk, feed himself, or go to the bathroom. He has no health insurance and only receives Veteran Administration benefits.

According to the lawsuit which claims that Allergan, the producer of Botox, failed to warn his physician about the possible risks of Botox. According to evidence shown during the case, before July of 2007 Allergan sent letters to European doctors warning about the possible dangers of Botox but fail to disclose these warnings to doctors in the United States. This warnings included that Botox can spread beyond the injected muscle and cause severe auto-immune responses and brain injuries. Allergan instead of warning about these possible dangers stated that Botox was a miracle drug and compared to penicillin.

The Allergan Company in another settlement agreed to pay $600 million to the U.S. Justice Department when it illegally promoted the off-label use of Botox and encouraged doctors to use it for uses not approved by the Food and Drug Administration. In this case, the man was awarded $12 million in compensatory damages and $200 million in punitive damages.

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2.15 Million Settlement Reached in Army Malpractice Claim

August 17, 2011 by Nicole Barto

In Tennessee and all across the country, when people go into doctors’ offices or hospitals, they expect to receive the proper medical tests and treatments in order to make them feel better. Unfortunately, sometimes physicians and other medical staff fail to properly test for certain illnesses or conditions and this may lead to serious injuries or even death. If you or someone you care about feel that you have failed to receive proper medical treatment or care while at the doctor or in the hospital, then you should speak with a Tennessee medical malpractice lawyer as soon as possible. They will hear your case and make sure you receive the compensation you deserve.

According to this lawsuit which claimed that medical professionals at Blanchfield Army Community Hospital at the Tennessee-Kentucky state line, failed to test Staff Sergeant Adam Cloer’s wife for rectal cancer despite constant symptoms. Also, according to the lawsuit her cancer spread and even with multiple surgeries she died in May of 2010 at age fifty-three.

Based on information from the lawsuit, Melodee Cloer went into the Ft. Campbell Hospital with symptoms in 2006 complaining of pain, blood in her stool, and constipation. The lawsuit also stated that she went to the hospital several times with symptoms but received a hemorrhoids diagnosis. A bariatric surgeon recommended that the hospital perform a colonoscopy but the hospital failed to follow up on the recommend or perform any rectal cancer screenings.

In 2007, her husband received orders to move to a New Army Installment in Missouri where his wife learned that her cancer had spread. She received chemotherapy and radiation treatment as well as had multiple surgeries to remove some of her organs. Following her death in 2010, Staff Sergeant Cloer filed an amended complaint claiming that the hospital’s negligence when diagnosing and treating his wife’s cancer resulted in her death.

The federal government denied the malpractice claim and claimed that the lawsuit was filed too late under Tennessee’s medical malpractice statues. Both sides agreed to a settlement of $2.15 million before the July trial was set to begin. This settlement is subject to final approval by the U.S. Attorney General.

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Tennessee Labor Lawyer Jim Higgins discusses impact of federal law on workers comp cases

August 5, 2011 by Jim Higgins

Employment lawyer, Jim Higgins, Discusses how the federal law can impact a Tennessee Work Comp Claim. You can watch the interview below:

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Tennessee Employment lawyer discusses impact of Federal Laws on State Workers Comp Cases

August 2, 2011 by Jim Higgins

Labor lawyer Jim Higgins discusses how Federal employment laws can protect a Tennessee Employee who files a workers compensation case. These laws include the Family Medical Leave Act and the Americans with Disabilities Act. You can watch the interview here:

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Surgical Sponge Left in Patient Results in $525K Award

August 1, 2011 by Nicole Barto

When Tennessee residents and people all across the country go to the doctor or the hospital, they expect that the doctors and other medical staff will do everything they can to make sure they are feeling better by the time they leave. Unfortunately, sometimes mistakes and errors are made and this can cause serious injuries and medical problems for many patients. If you or someone you love feels that you have been the victim of medical malpractice while seeing a physician or in the hospital, then you should speak to a Tennessee medical malpractice lawyer right away. They will hear your case and make sure you receive the compensation you need.

In this case, Erin Webster filed a lawsuit against Lower Bucks Hospital, Dr. Richard Turner and Nurses Megan Blatcher and Laura Tedesco, claiming that the medical staff was negligent when they left a laparotomy sponge inside of her in March of 2004. According to the lawsuit, Webster claims that because of surgical malpractice she suffered from severe abdominal pain, a severe infection, bowel perforation, bowel obstruction as well as digestive problems. The sponge was found two months after the surgery when Webster complained about stomach pain. She had to have additional surgery to remove sixteen itches of her small bowel which still did not eliminate all of her medical problems.

A jury awarded Webster $525,000 and found the hospital as well as Blatcher and Tedesco liable. According to the lawsuit, the two nurses failed to a proper count of medical equipment during and after the procedure. The jury did not find Turner liable. Webster is also seeking an additional quarter million dollars in damages for interest fees since the lawsuit was first filed in 2005.

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