Tennessee Injury Lawyer Blog

According to a recent nursing home neglect lawsuit, a fifty-six year old man who was in a wheelchair, had type I diabetes and early stage dementia who had also suffered from a stroke like condition, was eating in the dining area of the nursing home when he started choking on a golf ball size meatball. His medical condition however, made it clear that he should have not been given that size food because he had problems swallowing.

The lawsuit also states that there was only one staff member in the dining area at the time of incident and that they did not know the Heimlich maneuver. The staff member wheeled the man forty feet to a nurse’s station which made the food get stuck even deeper into the man’s throat. When a nurse tried unsuccessfully to remove the food, an” ambu bag” was used to force air into the man’s lungs. Then the staff finally called 911 twelve minutes later but the man had been deprived of oxygen for too long. He was pronounced dead later at a hospital.

Continue reading "Nursing Home Choking Lawsuit Results in $2.35 Million Awarded to the Estate of Victim " »

In Tennessee and all across the country, when we have to put our loved ones in the care of others, we expect that they will receive proper medical care and treatment. Unfortunately, sometimes nursing homes and other facilities are understaffed and overworked and this can lead to injury or even death of a patient or a family’s loved one. If you or someone you love has been in a nursing home or facility and then been seriously injured as a result, you should speak with a Tennessee nursing home neglect lawyer right away. They will hear your case and make sure you get the compensation you deserve for your loved one.

In this case, a man claims that a nursing assistant from the health center where his mother was staying left a cleaning brush in his mother’s tracheotomy. According to the lawsuit, Josephine Rosario, seventy-four, came into the Lopatcong Center in May of 2010 after receiving treatment for a respiratory problem associated with a chronic obstructive pulmonary disease. Rosario was rehabilitating at the facility before going home. Also the lawsuit claims that in January around one in the morning, a certificated nursing assistant checked on Rosario. An hour later according to records, the staff of the facility found her sitting on the side of her bed and leaning on a table, unresponsive.

The lawsuit goes on to state that a tracheotomy brush was sticking out of the tracheotomy opening in Rosario’s throat and she could not breathe. The brush was removed and the staff attempted to revive her and she was taken to the emergency room. At the hospital, it was determined that Rosario suffered bad brain damage due to a lack of oxygen and on January 28th, the family was told that this condition would most likely be permanent. Rosario was taken to another health facility, where she is staying, completely ventilated and tube-fed.

Continue reading "Lawsuit against Health Facility Seeking $6 Million for Negligence Claims " »

We have litigated Tennessee workers compensation cases for about twenty (20) years now. Over this time period I have tried many different methods to make sure the court understands my client's case. I have found some methods work better than others but more importantly I have learned that there is no exact formula or magic bullet. Every case is different, every client is different and every Judge is different. However, there are a few general rules I recommend. Over the next few weeks I will discuss a few of my rules.

As a starter, we need to pick the witnesses who will best present our client's problems. I have found over time that judges and jury are less receptive to people complaining about their own problems. I believe it is more important for the injured employee to discuss how they have changed their life to beat the limitations of their injury. Even thought that may not be able to perform many of the activities they did before the injury they can discuss how they still try, how they modify their life, that they are not giving up. I believe neighbors, co-workers and relatives are often better equipped to discuss the heartaches and setbacks that the injured worker has endured. I don't know why but it seems that we are more receptive to someone else describing a person's problems than the victim describing their own problems. Finally, if you can have someone in addition to a spouse describe the problem I think you are better off. Everyone expects a husband or wife to support their spouse so the testimony is really no big surprise. However, a co-worker has much more of an impact. They have nothing to gain or loose and in fact it can often be seen as a risk for them to testify.

Continue reading "Preparing for a workers compensation trial" »

According to a recent medical malpractice lawsuit, two year old Malyia Jeffers was brought to the emergency room by her parents, Ryan Jeffers and Leah Yang, in November with a constant fever, skin discoloration, and weakness. The malpractice lawsuit claims that her parents begged for attentions from doctors and nurses as Malyia’s condition worsened. After five hours, Malyia was seen by a doctor and was flown to Stanford University's Lucile Packard Children's Hospital for lifesaving care. Doctors at that facility discovered that Streptococcus A had reached Malyia’s blood and organs and as a result her feet, her left hand and part of right hand had to be amputated.

The doctors at Stanford said that Malyia’s condition could have been related to genetics and they are unsure whether quickness would have saved her limbs. Court documents provide details of the settlement in which emergency room has agreed to pay $9 million and the other $1 million will be paid by the Emergency Physicians Medical Group. The money will be used to repay expenses already paid by the state’s health care plan and for attorney fees. The rest of the money will be used for a “special needs trust” for the girl’s needs.

Continue reading "Family of girl who needed amputations due to ER delay receive $10 million award" »

The people of Tennessee and people all across the United States rely on medications to make them feel better. They also rely on drug companies to properly warn them about the risks that certain medications may have. However, many drug companies fail to provide proper warning labels on medications and this can result in serious injuries or even death. If you or someone you care about has taken a medication and then suffered injuries due to a lack of proper warning labels, then you should speak with a Tennessee dangerous drug lawyer as soon as possible. They will help make sure you get the compensation you need for your injuries.

According to this class action lawsuit against Takeda Pharmaceuticals and Eli Lilly, consumers that use the diabetes drug Actos are seeking compensation and medical monitoring due to the drug companies’ failure to properly warn about the risk of developing bladder cancer from taking Actos. This class action lawsuit was filed last month for two users of Actos who developed bladder cancer, and one of their spouses. The lawsuit is also seeking class certification to include all users of Actos since it was established in 1999.

Actos is a prescription medication approved by the Food and Drug Administration for Type II diabetes treatment. The drug increases the body’s insulin and has generated estimated $4.3 billion in sales in the last year. However, concerns have been brought up recently about the possible risk of bladder cancer from Actos. In June of 2011, the Food and Drug Administration issued warnings which shown that Actos when used for more than one year, has been linked to a risk of bladder cancer. French drug regulators forced a drug recall of Actos and may have recommended that Actos be recalled in the United States as well.

According to the lawsuit’s claims, Takeda had a large financial incentive to suppress, misrepresent and hide the potential dangers linked with Actos in order to maximize their profits at the expense of the health of patients taking the drug. The companies’ failure to properly disclose information about the cancer risk from Actos meant that the consumers did not have enough information about the risks of using the drug and could not avoid exposing themselves to possible injury. The class action lawsuit is seeking money damages as well as medical monitoring and other damages for all the individuals who have taken Actos in the United States since July of 1999.

Continue reading "Actos Drug Class Action Lawsuit Filed Due to Bladder Cancer Risk " »