Judge removed from $322 million Asbestos Case due to Family History

October 27, 2011 by Nicole Barto

In Tennessee and all across the country, people that are exposed to asbestos over a long period of time can develop serious injuries or Mesothelioma, a cancer that can attack the bodies’ internal organs. If you or someone you love has developed a serious injury or illness such as Mesothelioma or asbestosis due to long term exposure to asbestos, then you should talk to a Tennessee asbestos lawyer right away. They will hear your case and make sure that you receive the compensation you deserve for your serious injury or illness.

In this case, Judge Eddie Bowen was removed from a major asbestos case in which he award $322 million to the asbestos victim. The judge was removed after one of the defendants in the case claimed that Bowen should have never presided over the case due to his family’s history with asbestos. According to the defendant, Bowen’s father suffers from asbestosis as well and has filed two asbestos lawsuits, one which is still pending.

The state Supreme Court determined that these reasons justified removing Judge Bowen from the case. The $322 million asbestos verdict is the largest ever given in an asbestos lawsuit, according to the defendant.

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Jury Reached Verdict of $48.2 Million against Johnson & Johnson, Makers of Motrin

October 27, 2011 by Nicole Barto

When Christopher Trejo was sixteen he suffered from reaction known as Toxic Epidermal Necrolysis after taking Motrin as directed for less than one week. This reaction caused severe inside-out exfoliating damage affecting all of his mucosal membranes, which are like second- and third-degree burns over one hundred percent of his body. This reaction also caused severe pulmonary damage, near-blindness, infertility, whole-body scarring and hypoxic brain injury. Trejo's abilities to hear, smell, see, taste, and touch have been severely reduced. This case was recently the subject of a dangerous drug lawsuit.

During the trial, the jury heard evidence that Motrin lacked adequate warnings about Stevens - Johnson syndrome and Toxic Epidermal Necrolysis, which have caused deaths and severe and permanent injuries to a several people who had used Motrin products. The jury also Motrin has been improperly labeled and should have been changed years ago to warn consumers about these and other severe reactions and side effects. The jury’s verdict of $48.2 million for general, special, and punitive damages against Johnson & Johnson as well as its fully owned subsidiary McNeil Consumer Healthcare is record setting.

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Nursing Home Case Spotlights Malpractice Damages Cap

October 20, 2011 by Nicole Barto

In Tennessee and all across the country, our loved ones sometimes need more care than we can provide for them. This usually means that they have to enter a nursing home. However, when we choose a nursing home for our loved ones we expect that they will be properly cared for. Unfortunately, many nursing home patients can be seriously injured or die due to the nursing home neglect. This may be because many nursing homes are understaffed or improperly trained. Whatever the reason, if you or one of your loved ones has been seriously injured or died as a result of nursing home medical malpractice then you should talk to a Tennessee nursing home and medical malpractice lawyer as soon as possible. They will hear your case and make sure you get the compensation you are entitled to.

According to this case, a jury awarded Dorothy Douglas’ family $11.5 million in compensatory damages and $80 million in punitive damages after finding the nursing home indirectly responsible for causing the woman’s death. The family claims that Douglas died from complications from dehydration after being transferred to the nursing home three weeks before her death. During the trial, the lawsuit claimed that the nursing home did not have enough staff members and this claim was confirmed by former employees that stated because of the poor working conditions, they could not properly care for patients.

The lawyers for the nursing home are claiming that the $11.5 million in compensatory and punitive damages should be reduced according to the state’s medical malpractice law. In 2003, the state amended the law to place a cap of $500,000 plus inflationary adjustments, on non-economic damages for medical negligence. The Supreme Court ruled that the cap was constitutional. The lawyers for the nursing home also state that the $80 million in compensatory damages far exceeds what the facts justify in the case.

The lawyers for Douglas family claim that the law does not apply to nursing homes and nursing home aides.

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Pool Side Fatality Leads to $20 Million Verdict

October 20, 2011 by Nicole Barto

A jury recently awarded a $20.6 million verdict in a defective product lawsuit when a woman was killed in a backyard pool accident. According to the lawsuit, the 29 year old woman suffered a spinal cord injury after the woman slid head first into the pool. When she reached the bottom of the pool slide sold by Toys R Us, it compressed and bottomed out under her weight causing her to hit the pool’s edge beneath the slide. As a result of this accident she broke her neck and was pulled unconscious from the pool. She died the following day in the hospital.

The lawsuit also claimed that federal regulations left no doubt that the slide was not only supposed to be safe for kids but for adults as well. The regulations also assume that the user of the slide may slide head first. Also according to the regulations the slide was required to hold up to three hundred and fifty pounds of weight. The Toys R Us Company at first claimed that these regulations did not apply to inflatable slides. However, the Toys R Us Company did admit its Chinese partner was not asked to perform safety tests to see if the slide met federal regulations. The award included $18 million in punitive damages against Toys R US.

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Cab Company Hit with $1.5 million Verdict after Blind Man’s Death

October 11, 2011 by Nicole Barto

A jury recently decided to award the estate of James Lafayette Taylor $1.5 million after he was struck by a cabbie four years ago and died in 2008 as a result from his injuries. The lawsuit claims that the cab driver who hit Taylor was partially blind and had a club foot which made him incompetent as a driver. Taylor’s attorneys stated that the cab driver’s disabilities were confirmed last month.

Defendant Rodney Charles Garrett was driving for the Cab Company and the lawsuit also named defendants Subhan Chaudhary, owner of the Cab Company, Shaukat Ali, owner of the taxi Garrett was driving when he hit Taylor, and the Cab Company. Garret who was driving the cab at the time of the accident is blind in one eye and required corrective surgery or lenses in the other eye and also had a club foot according to the lawsuit complaint. The lawsuit also states that Chaudhary knew when he hired Garrett the man had disabilities and a suspended license, which Garret had regained at the time of the accident.

The lawsuit against the driver, cab owner, and cab company owner also claims that Ali allowed his car to be used by the Cab Company without a background check or assurance from Chaudhary that the drivers were competent. Finally, the lawsuit claims that Garret was traveling at an excessive speed and negligently hitting Taylor. The civil lawsuit did not accuse the defendants of criminal acts but of negligence in causing Taylor’s injuries and death. Taylor suffered brain injuries that left him in severe pain and ultimately caused his wrongful death eight months after the accident which occurred on June 15, 2007.

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Teva, Baxter to Pay $14 Million over Anesthetic Drug Propofol

October 11, 2011 by Nicole Barto

In Tennessee and all across the country, people put their trust in drug companies to help make them better. They count on these companies to give their doctors and other medical staff the proper dosage of medications and the proper instructions on how to use the medications. Unfortunately, however, sometimes these drug companies sell improper doses of medicine to doctor’s offices and hospitals and this can lead to serious injury or even death. If you or someone you care about feels like you were given the improper amount of a medication and have suffered an injury because of it, you should speak to a Tennessee dangerous drug and personal injury lawyer right away. They will hear your case and make sure you receive the compensation you deserve.

In this case, Teva Pharmaceutical Industries Ltd. and Baxter International Inc. have been ordered by a jury to pay $14 million over the sale of reusable vials of the anesthetic drug Propofol which colonoscopy patient Michael Washington claims is to blame for his diagnoses of Hepatitis C. According to this lawsuit, the jury concluded that Teva Parenteral Medicines Inc. and Baxter Healthcare Corp. improperly sold Propofol in large vials to be used on multiple patients.

It is third verdict for Teva Pharmaceutical Industries Ltd. and Baxter International Inc. over a hepatitis outbreak related to Propofol. The jury in this case awarded Washington and his wife $7 million each in compensatory damages for him developing hepatitis. Punitive damages will be decided at a later date.

A spokesman for Teva stated, “We believe that the allegations against Teva are without merit and we plan to appeal this decision.” The medication Propofol is the same medication involved in the involuntary manslaughter trial of Chad Murray, who was Michael Jackson’s doctor.

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