Justice for Roberston County Family

December 20, 2011 by Jim Higgins

A while ago a loving mother honored our firm but allowing us to represent her son. The son had been bullied at school and despite asking for help the school failed to adequately protect the young boy. Eventually, an altercation ensued and the young man was struck in the eye and despite several surgeries his vision was lost.

We recently had a trial in this case and the court found the school was negligent and let the young man down. The court awarded the family $300,000.00 which is the maximum amount allowed under the Tennessee Governmental Tort Liability Act. You can watch a recent news story on the case below:

Continue reading "Justice for Roberston County Family" »

Fraudulent Work Comp Claims Hurt the People that Really Need the Benefits

December 13, 2011 by Jim Higgins

Knock on wood I have never had a client try to pursue a fraudulent Tennessee workers compensation case. I have had people call me that I felt they were trying to game the system and have promptly refused to represent those workers. However, I have represented hundreds of good hard working folks that have been injured on the job. My clients didn't enjoy getting hurt and they had much rather been working than have a good workers compensation case. That is why it makes me so mad when I read about people that pursue fraudulent workers compensation claims. It is nothing more than stealing and it just hurts workers with legitimate claims.

Recently, I read about a few arrest that were made on employees trying to cheat the work comp system. Among the people arrested was a worker that told his girlfriend he was faking an injury so he could take a vacation to Florida. Another, was reportedly working as a coach while getting workman's compensation payments. Yet another continued to collect checks from the work comp insurance company after her husband had died.

Assuming these allegations are true I am pleased that these people have been caught. It is also my hope that the government will investigate that insurance companies that refuse benefits without good reason to people that disparately need them. In fact, based upon my experience it is the insurance carrier that is in the wrong much more often than the injured employee.

Continue reading "Fraudulent Work Comp Claims Hurt the People that Really Need the Benefits" »

Jury Awards $ 2 million in Mesothelioma case

December 13, 2011 by Jim Higgins

Tennessee workers and workers all over the United States expect that when they go to work they will be treated with respect and also have a safe and clean environment to work in. However, many companies and businesses expose their employees to asbestos which can lead to serious medical conditions including the cancer Mesothelioma. If you or someone you love has been diagnosed with Mesothelioma or another serious illness after being exposed to asbestos, then you should speak with a Tennessee asbestos and personal injury lawyer as soon as possible. They will work with you to make sure you get the compensation you deserve.

According to this lawsuit, Gerald Failing worked in the compound department at Durez Plastics since 1996. Durez Plastics produced industrial resins and phenolic molding compounds. As part of his job in the compound department Failing worked in and around raw asbestos fibers in order to make plastic molding compounds which were a base material for the company’s products. Some of the raw asbestos that Failing worked with was given to the company by Hedman Resources Ltd, a mining company out of Canada. As a result of working around this raw asbestos, Failing who is sixty-six was diagnosed with Mesothelioma in 2010. The jury in this case is holding Hedman Resources Ltd completely responsible for damages for causing Failing’s injuries and illness. They jury also discovered that Hedman actions were reckless and disregarded the safety of the workers and others. Failing and his wife were awarded a $2 million dollar verdict.

Continue reading "Jury Awards $ 2 million in Mesothelioma case" »

$72 Million Awarded in Prempro Breast Cancer Case

December 13, 2011 by Jim Higgins

In Tennessee and across the country, people expect that when they take medicine for certain medical conditions or illnesses that it will make them feel better and that it is safe. Unfortunately, sometimes medications that people may take may increase their chances of developing other more serious and even dangerous medical conditions and illnesses. In a recent case, Susan Elfont, Bernadette Kalenkoski and Judy Mulderig claim that they took the drug Prempro developed by the company Pfizer Inc., for menopause and later developed breast cancer. According to the lawsuit, Elfont who is sixty-six and a former teacher, took Premarin and Provera which later were combined the two hormones into the Prempro pill for over two years before being diagnosed with breast cancer in 1997. Kalenkoski who is sixty-eight and a former nursing aide took Prempro for over four years and was diagnosed with breast cancer in 2002. Finally, Mulderig also sixty-eight and a retired teacher took Premarin and Provera for eleven years beginning in 1988.

During the trial, the jury found out that during the tree week trial of the drug, none of three women had a history of breast cancer in their family and it was determined by professionals that their use of the menopause drug was what led them to develop the cancer. Pfizer Inc has faced other lawsuits and settlements in the past due to the drug Prempro. This drug combined Premarin and Provera into the Prempro pill in 1995. The marketing of the drug reached over $2billion before a study in 2002 discovered that Prempro had links to breast cancer. The jury awarded $20 million in compensation to Elfont, $27.85 million to Kalenkoski and $24.75 million to Mulderig.

Continue reading "$72 Million Awarded in Prempro Breast Cancer Case" »