Tennessee Injury Lawyer Blog

In Tennessee and all over the country, elderly loved ones are placed into nursing homes and facilities when they can no longer take care of themselves at home or when they may suffer with illnesses that leave them unable to remember most things. Some of these homes do a great job, however, some fail to provide protection that a resident needs. I recent case will no doubt warrants an investigation to determine if an unavoidable tragedy occurred or if the incident could have been prevented. This investigation should focus on whether there were prior warnings, appropriate staffing and appropriate care plans in place.

According to the news, Dorothy Reeder’s husband, Donald Reeder’s eighty-three was beaten with a cane by his eighty-nine year old roommate Orville Hayes while living at the Elmcroft at Twin Hills nursing facility. Both of residents involved in the incident suffered from Alzheimer's. According to police, the incident had occurred in Hayes’ room and the room had been found splattered with blood with a cane found nearby. The police believe Hayes used the cane to beat Donald Reeder about the head.

Donald Reeder was too badly injured and after being treated at a hospital was later transferred to a nursing home and finally to a hospice, where he died on January 10th. Metro Police spokesman Don Aaron said,”At present, the investigation shows that Mr. Reeder was struck with what we believe to have been a cane. When he was found he said that he had been beaten.”

According to an interview with the victim’s wife, Dorothy Reeder, she had feared for her husband’s safety when he got a new roommate. She had asked Elmcroft officials to move Donald to another room but was told that no other rooms were available. She stated that her husband’s roommate had arrived about six weeks ago and that the trouble started immediately.
The police spokesman Don Aaron has stated that, “Though the investigation is still ongoing, it was unlikely that any charges will be filed.” He stated that this is because,”The case is unusual and complicated. Both the 83-year-old and the 89-year-old suffered from Alzheimer’s disease and dementia. The police are however looking into Hayes’ medical condition.

Continue reading "Roommate with Alzheimer's fatally injured Tennessee man with cane" »

In Tennessee and all across the country, many people unfortunately get into accidents with cars that result in serious injury for the people involved. However, these accidents can result in even more serious injuries when a car or truck hits pedestrians. According to a recent lawsuit, on March 26, 2008, , Frank Guenther, of Guenther and Sons towing attempted to drive a tow truck around a car that was waiting for a Southern Railroad Company cargo train at the Route 9 railroad , trying to make it over the tracks before the train arrived. Guenther did not make it across in time and the train clipped the back of the tow truck sending it spinning into three pedestrians. Kathleen McWhite one of pedestrians was thirty-two at the time and suffered leg fractures and lacerations. Jerome Seymour, then thirty-three, and Sebrina McWhite, then twenty-eight and the other pedestrians involved, suffered back injuries.

The three pedestrians filed a lawsuit against Guenther who filed a lawsuit against the railroad, claiming that the railroad did not have gates that lowered when the train approached. The lawsuit filed by the pedestrians also states that, the driver of the tow truck always denied responsibility for directly causing the accident. This led to the pedestrians extending their lawsuit to include the railroad.

The representative for the railroad Jon Filorilla stated that, “This case is very unusual because the plaintiffs didn’t initially sue the railroad at all. We really didn’t do anything wrong, but they had to cover themselves for any possible defendants. If they hadn’t done that, it wouldn’t have been good lawyering.” He went on to state that, “The state requires railroad intersections like this one be equipped with flashing lights and bells, which were both present and working at the time of the daytime accident.”

The case was set to go to trial in January but a settlement was reached following mediation. Kathleen McWhite will receive $750,000 for her injuries, and Sebrina McWhite and Seymour will receive $200,000 and $50,000. Guenther will pay ninety percent of that amount and the railroad will pay the balance.

Continue reading "2008 Crash with Tow Truck Results in $1 Million Settlement for three pedestrians" »

A second wrongful death lawsuit has been filed against Sundance Helicopters Inc, a company which operated a sightseeing tour helicopter which crashed, killing five people in December. This lawsuit was filed on of four children of Delwin and Tamara Chapman, who died in the helicopter crash on December 7th while celebrating their 25th wedding anniversary. The Sundance Helicopter Company has offered condolences to the Chapman family but has not commented on the lawsuit’s allegations.

A similar civil wrongful death lawsuit was filed on December 13th against Sundance on behalf of the families of Lovish Bhanot, 28, and Anupama Bhola, a couple on their honeymoon from India that were killed in the same helicopter crash. The pilot, Landon Nield was also killed in the crash.

According to both lawsuits, the radar tracking data made public by the National Transportation Safety Board showed that the six-seat Aerospatiale AS350-B2 aircraft spun into what is called an “erratic and abnormal” flight pattern in the last minute before the crash. It is suspected that the crash was a result of a pilot error or mechanical failure. The helicopter made one test flight and two passenger tours as well as had routine maintenance before the fatal flight. It was reported that the pilot made no emergency call before the crash and a search and rescue team find the charred scene and determined that there were no survivors. The Chapman lawsuit is seeking unspecified damages.

Continue reading "2nd wrongful death lawsuit has been filed in tour helicopter crash that killed 5 people" »

In Tennessee and all over the United States, people can be seriously injured or even die in automobile and ATV accidents, especially if the person driving these vehicles is under the influence of alcohol. According to a recent lawsuit, an ATV crash killed Jonathon Byram, a nineteen year old college student after a 2009 Independence Day party. In the early morning of July 5, 2009, Byram was a passenger on the vehicle which was being driven by Mark Renehan, also a college student. The ATV vehicle flipped over resulting in the fatal crash. Mark Renehan was charged with homicide and involuntary manslaughter. He was later acquitted of the charges by a jury.

Daniel Byram, the victim’s father, filed a federal lawsuit claiming Mark Renehan was intoxicated and driving excessively fast and this caused the death of his son. The lawsuit goes on to claim that Mark Renehan’s family served alcohol to them on a “continuous basis” over several hours leading up to the time of the crash and that Mark Renehan had admitted to the police that he had consumed alcohol.

The criminal investigation and trial were held back due to Mark Renehan invoking his Fifth Amendment rights and also refusing to have a blood alcohol test done. The case has now been settled for $2.7 million.

Continue reading "Fatal ATV Crash Lawsuit Results in a $2.7 million Settlement" »

In Tennessee and all over the country, when employees injury themselves on the job or while performing job related tasks, they can file a workers’ compensation claim and have their medical expenses covered by their employer. In some cases however, it is difficult to determine whether or not certain injuries in specific situations should be compensated by Workers’ Compensation law. In these cases the states’ Supreme Court typically makes a ruling.

In a recent case, David Kirby was performing heating, ventilation, and air conditioning services for Memphis Jewish Nursing Home in September of 2008 and injured his right shoulder while trying to avoid falling down a flight of stairs. He had surgery for the injury in June of 2009 to repair a tendon and cartilage in his arm. Months after his surgery, David Kirby returned home after a medical appointment and found one of his dogs was running loose. He grabbed the dog by the collar and when the dog pulled away, this motion, caused David to reinjure his arm.

When the case was brought before a Tennessee Chancery Court, it was ruled that David Kirby did not act negligently when trying to restrain his dog and the re-injured arm was considered to be “a natural consequence of the original injury.” The court awarded forty percent partial disability benefits to Kirby based on the first injury and the impairment caused by the dog incident.

When the nursing home appealed the decision, the Special Workers’ Compensation Appeals Panel of the Tennessee Supreme Court confirmed the Chancery Court’s decision. It ruled testimony from Kirby’s doctor which encouraged him to push past his limits while recovering from his arm surgery. The doctor’s testimony also stated that Kirby was not restricted from walking his dog after his surgery.

Continue reading "Tennessee Supreme Court Rules Injury Caused by Dog Compensable under Workers’ Compensation Law" »

In Tennessee and in many other states across the country, there is often times where the statute of limitations may have expired on a particular case or crime. In these cases, if the statute of limitations is unclear, then the court may determine if they have expired or not. Sometimes these cases involve old claims of sexual abuse. According to a new case case, two men, one of them forty-three year old Ralph West, made claims to ESPN that Bobby Dodd the former president of the Amateur Athletic Union or AAU abused them in the 1980s when they were players on his youth basketball teams at a YMCA in Memphis. Ralph West claimed that Dodd attempted to fondle him or masturbated in front of him at Dodd’s residence in Memphis and also at AAU events in Indiana, Florida, Louisiana, and Tennessee. Both alleged victims claim to have been encouraged to come forward with their claims after the sexual abuse case at Penn State.

Tennessee state law currently states that adults claiming sexual abuse have one year to file a lawsuit after turning eighteen. The results of a Memphis investigation as well as a pending decision before the Tennessee Supreme Court may determine whether alleged victims are allowed to file a lawsuit decades after their claims of abuse.

The case involving the Tennessee Supreme Court is a lawsuit against the Catholic Diocese of Memphis filed by Norman Redwing in 2008 claiming that he had faced abuse from a priest in the 1970s.

Continue reading "Statute of Limitations may have expired on Old Abuse Claims in Tennessee Courts " »

The people of Tennessee and all across the United States, expect that when they go into the hospital for any kind of treatment or care that they doctors and medical staff will treat them and their family members with the proper medical care and that they will be doing better by the time they leave the hospital. Unfortunately, however, this is not always the case. In a recent lawsuit, Matthew Allen Marlin was born early on June 13, 2009 and suffered irregular breathing and an irregular heart rate. A nurse noticed that he “made a small cry at delivery and had movement of arms and legs.” The baby was considered by this nurse to have been fighting for its life and Dr. John W. O’Donnell III made the decision on his own without first consulting anyone that the baby would have no chance of living. Marlin was then placed in a plastic bin and left on a counter until the family decided what to do with the body. A nurse who was passing by however, noticed the baby was gasping for breath a few hours later.

Marlin then received resuscitation therapy and was transferred to Vanderbilt University Medical Center in Nashville where he stayed for three months in order to receive specialized care. This lawsuit is claiming that Dr. O’Donnell was negligent and that Marlin suffered a brain injury as well as other injuries due to the doctor’s failure to provide timely and appropriate medical care and treatment. According to the case, a pediatrician should have been called immediately to resuscitate the baby, and the baby should have been sent to a neonatal intensive care unit. The lawsuit seeks undetermined compensatory damages.

Continue reading "Robertson County Mother Sues Doctor over Neglecting Newborn Son " »

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" »

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" »

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 " »

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 " »

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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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.

Continue reading "Jury Reached Verdict of $48.2 Million against Johnson & Johnson, Makers of Motrin" »

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.

Continue reading "Pool Side Fatality Leads to $20 Million Verdict " »

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.

Continue reading "Cab Company Hit with $1.5 million Verdict after Blind Man’s Death " »

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.

Continue reading "Teva, Baxter to Pay $14 Million over Anesthetic Drug Propofol " »

In Tennessee and all across the country when people enter any type of medical facility seeking treatment for an illness or problem, they expect to be feeling better by the time they leave. Unfortunately, however, sometimes careless mistakes are made by physicians and other medical staff that can cause additional injury or even lead to the death of a patient. If you or someone you love has received treatment at a medical facility and then suffered serious injury or even death after receiving the treatment, then you should talk to a Tennessee medical malpractice and wrongful death lawyer right away. They will hear your case and help to make sure you get the compensation you deserve for what you have suffered.

In this case, The New Life Lodge Rehabilitation Center faces its second multimillion dollar lawsuit by a woman whose son died last year two days after entering the facility. The rehabilitation center, New Life, and its former lead doctor, Dr. Jonathan W. Butler are being accused of medical malpractice, negligence, and wrongful death in the death of Patrick Bryant who died on his twentieth birthday.

According to the lawsuit, Penny Lynn Bryant claims that her son Patrick was given medications including Phenobarbital, phenergen and suboxone. He was also prescribed the antihistamine vistaril, despite being allergic to other antihistamines. Bryant cause of death was determined as a hypoxic brain injury; however no autopsy was performed at the family’s request. Also according to the lawsuit, Bryant was not on hourly supervision despite the fact that he had been vomiting, was over-sedated and had labored breathing or was asthmatic. Finally, according to the mother, Penny Lynn Bryant’s claims her son was unresponsive for an estimated four hours before he was found by the New Life staff. According to claims by several patients and their family members over medication is a frequent problem for the rehab center. The New Life rehab center claims that Bryant’s medical records would show no malpractice or negligence but that they could not release the records because of patient confidentiality laws.
Patrick Bryant’s mother, Penny Lynn Bryant is seeking a total of $13 million in compensation and damages.

Continue reading "New Life Lodge Rehab Center Faces Lawsuit over Death of Second Patient " »

In Tennessee and all over the country, when people go into the hospital or another medical facility for treatment, they expect to be well taken care of and protected from any further harm. Unfortunately, sometimes incidents happen and can leave patients being harmed by other patients and people who may enter the facility when proper safety measures are not taken or policies for reporting incidents are not properly followed.

According to this lawsuit against HCA, a woman claims that she was sexually assaulted by a male patient who took her out of the shower while she was brushing her teeth, while in the hospital at Skyline Madison Campus, as a psychiatric patient. The lawsuit also states that the hospital failed to report the incident to police or to her family. A 2008 law requires a “certificate of good faith” from a medical expert, typically a doctor, during the first stages of a lawsuit. The HCA was successful in getting the lawsuit dismissed because no certificate was filed.

Now the case is back in court after the Tennessee Court of Appeals determined that the lower court made a mistake when it applied the rules of the Tennessee Medical Malpractice Act, claiming that the issue does not involve treatment given by a medical professional. The Appeals Judge Richard H. Dinkins stated that, “The complaint speaks of supervision that could be provided by a security guard or some other person who does not have a specialized training in medical science or the adoption of other appropriate non-medical safeguards.” The HCA acknowledged in its statements that a male patient was found hiding in the woman’s shower. The hospital has also noted that the facts are in dispute regarding the alleged assault. The woman filed her lawsuit last year seeking $3 million in damages.

Continue reading "Former Skyline’s Patient’s Sexual Assault Lawsuit Gets Second Chance " »

In Tennessee and all across the United States when people and their families go into medical facilities for any kind of treatment, they expect to be well cared for and to be feeling better when they leave. Unfortunately, however, sometimes certain medical facilities do not have the staff they need or the proper training and personal injuries and even death can occur as a result. If you or someone you love has suffered a personal injury or even death after receiving treatment at a medical facility, then you should talk to a Tennessee wrongful death lawyer right away. They will hear your case and make sure you get the compensation you are entitled to.

According to this lawsuit, Lindsey Poteet, 29, from Monterey, Tennessee died on September 1, 2010 after she was transferred to New Life hospital in Nashville. She had checked into the New Life facility on August 4th. Her mother, Kathy Mauk, is suing New Life and its parent company CRC Health, claiming that the crowing and under staffing at the New Life drug treatment center led to the death of her daughter.
Kathy Mauk claims that the New Life employees delayed giving her daughter medication for two days after an antibiotic had been prescribed to her. Also, when a decision was made to send her daughter to the hospital, the New Life employees sent her by van to Nashville which was thirty miles away, instead of to Horizon Medical Center which was only eight miles away from the New Life treatment center. The attorney for Kathy Mauk stated that, "Financial gain was placed ahead of the welfare of New Life Lodge's residents including Lindsey Poteet."

The New Life treatment center will be faced with another lawsuit from another Tennessee family whose son died last year on his twentieth birthday.

Continue reading "Mother Sues Tennessee Drug Treatment Center over Daughter’s Death" »

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.

Continue reading "Medical Malpractice Lawsuit Results in $2.5 Million Award " »

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.

Continue reading "Botox Injury Results in $212 Million Verdict for Permanently Disabled Man" »

In Tennessee and all across the United States, when we go to the doctor we expect that they will make us feel better and not put us in harm’s way. Unfortunately, in some situations this does not happen. If you feel that you or someone you love has been injured due to the carelessness of a medical professional, you should talk to a Tennessee personal injury and wrongful death lawyer right away. They will work with you to make sure you receive the compensation you are entitled to by law.

According to this case, the parents of Riley Russo and Ryan Winter claim that their sons both died last year at age twenty after taking Opana, an addictive narcotic much like oxycodone and other prescription drugs, prescribed to them by Doctor Lisa Tseng. Russo was a former high school football player who began taking Opana and the anti-anxiety medication Xanax when he was sixteen according to his father. Also according to his father, Russo lost interest in sports and began a life of drug abuse. Before his death, Russo had completed a forty day stay in a drug rehabilitation facility.

Also according to this lawsuit, Tseng prescribed high doses of the dangerous narcotics to Russo on several occasions and the lawsuit claims that the prescribing was "reckless” and was a "substantial factor" in his death. Records from the pharmacy also show that Ryan Winter had visited Tseng twice before he died and was given two prescriptions, Opana and Xanax. These cases bring the number to ten in drug deaths linked to Lisa Tseng practice in a mini mall. State officials are moving to revoke her license and a criminal investigation by federal drug authorities continues.

Continue reading "Parents File Lawsuit After Sons Overdose On Prescription Drugs " »

In Tennessee and all over the United States when someone is driving under the influence and they injury someone else they should be accountable for their actions, no matter who that person is. If you or someone you care about has been injured in an accident caused by someone driving under the influence, then you should speak with a Tennessee personal injury lawyer as soon as possible. They will hear your case and work with you to make sure you get the compensation you need for the injuries you have suffered.

In this case, a civil lawsuit was filed on behalf of Fernando Tellez who was permanently disabled and has to have several surgeries and medical procedures after Barron Hilton’s Paris Hilton’s little brother hit Tellez with his Mercedes-Benz when Hilton pulled into a Pacific Coast Highway gas station. Hilton was taken into custody for his DUI after his blood alcohol level was found to be 0.14 well above the legal limit. Witnesses to his driving also claim that he was driving the wrong way down the highway for miles before hitting Tellez.

Barron Hilton was told to pay Tellez $4.9 million to the gas station he hit with his car in 2008. The civil lawsuit award covers pain and suffering, medical expenses, and loss of earnings. Hilton also must pay $225,000 in punitive damages and $71,000 in interest.

Continue reading "Barron Hilton Told to Give Over $5 Million to Gas Station Employee" »

The Tennessee Legislature has passed tort reform. Unfortunately, the new laws do nothing to prevent frivolous lawsuits. Instead the laws limit damages for the most needy cases such as wrongful death and catastrophic injuries.

Tennessee Lawyer Jim Higgins discusses the impact on these cases:

Continue reading "Tennessee Tort Reform " »

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

Continue reading "Tennessee Attorney Jim Higgins Discusses Impact of Tort Reform" »

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."`

Continue reading "Tennessee Senate Passed Bill Limiting Lawsuit Payouts " »

Jim Higgins was recently interviewed with regard to the impact of tort reform on certainTennessee cases. In particular a jury recently returned a 1.5 million dollar wrongful death verdict for the parents of a child that died as a result of negligence. Under the new law the jury would be unable to give the parents this amount and the verdict would be reduced to what the politicians believe is fair. You can watch the interview here:

Continue reading "Tennessee Attorney Jim Higgins Discusses Impact on Tort Reform" »

Tennessee residents and people all across the United States use and rely on millions of products every day to get them safely to and from their destinations, to protect their loved ones, to talk with friends and to make businesses run smoothly. Unfortunately, sometimes the products we depend on to get us through the day are defective and may result in our loved ones suffering injuries because of it. If you have or someone you care about has suffered an injury because of a defective product, then you should speak to a Tennessee defective product and personal injury lawyer right away. They will work with you and see to it that you get the compensation you are entitled to for the injuries you have suffered.

In this case, Ernesto Torres was driving a Ford F-350 Econoline 15-passenger van on August 16, 2004, when the van flipped over after a Goodyear Load Range E tire on the left rear tire blew after a tread separation. Andrew Torres, Hervetina Bahena and Frank Enriquez, three passengers in the van were killed and Joseph Enriquez suffered from severe brain injuries and six other passengers were also injured.

The injured parties and families of the crash victims claim that the tire and the van were both designed defectively and manufactured with a tire that was prone to tread separation. Ford Motor Company settled before the trial and the amount was not disclosed. Goodyear wanted to argue in 2007 that the tire failure was due to significant road hazard damage that had taken place before the accident.

However, the judge in that trial ruled without holding a full evidentiary hearing struck down Goodyear’s liability issue and allowed the defendants to contest damages only. The jury awarded $14 million in damages to Joseph Enriquez, and a total of $14 million to the three families of the crash victims.

In July 2010, the state Supreme Court upheld the decision and stated, hen a sanction is “non-case concluding,” an evidentiary hearing is not mandatory.” Then Goodyear, supported by several associations and the U.S. Chamber of Commerce sought a rehearing. In its most recent ruling the state high court, however denied the petition but addressed issues to justify its 2010 decision. The court stated that, “A January 2007 hearing attended by counsel for both sides was sufficient for the trial judge to ask questions on the discovery dispute without the necessity of cross-examination.”

“Although Goodyear requested an evidentiary hearing, it did not make an offer of proof to the district court as to what evidence should be considered in addition to the representations of counsel,” the Supreme Court ruled.

Continue reading "High Court Rules 6 to 1 Against Goodyear in $30 million verdict" »

People in Tennessee as well as across the country want to feel safe and secure in their homes as well as the homes of their friends. However, sometimes accidents happen and they unfortunately can result in personal injuries or even death. Sometimes though when may find out that the personal injury or death occurred because of a defective product, device, construction or equipment. If you or someone you know has been the victim of a personal injury due to a defective product or device, then you should speak with a Tennessee personal injury and defective product lawyer right away. They will work with you and make sure that you get the compensation you deserve for the suffering you have experienced.

In this case, Michael Doyle, from Cincinnati, was a celebrating New Year’s Eve at a friend’s apartment in 2007 and he and five other people were on the third floor deck at the back of the building. When he got up from sitting on the stairs to walk to a table, he tripped and fell head first through the metal railings to the ground below, according to the lawsuit.

Michael Doyle’s family filed a lawsuit against Kenard Management, which managed the building, because they are claiming that the porch was “defective” based on a city inspection report that columns were rotted and had inadequate bolts. According to the lawsuit, Kenard was told about the large railing gap by its insurance and was also told that it should be closed with wire mesh. Doyle’s family’s attorneys stated that Kenard had received bids for the work but nothing had been done yet and that the work would prevented Doyle from falling to his death.

Continue reading "Death Due to Faulty Lakeview Porch Results in $2.7 Million Settlement" »

In Tennessee and across the United States when we go into stores to shop we except there to be signs to signs to show us to the different departments, to the checkouts, and also to the restrooms. We also expect stores to do all they can to keep us safe while we shop by posting caution signs when the floor is wet because of the weather or a spill. Unfortunately that does not always happen and sometimes people suffer an injury as a result. If you or someone you care about has suffered a personal injury at a public place due to lack of signs or a warning, it is important that you talk to a Tennessee personal lawyer right away. They will listen to your case and make sure you get the compensation you are entitled to for the injury you have suffered.

In this case, Gwendolyn Adams was shopping in the J.C. Penny store on October 10, 2009 and slipped a fell on the wet floor because there were no warning signs to warn her about the hazardous condition of the floor. The lawsuit is claiming that J.C. Penny failed to make sure their premises were maintained in a reasonably safe condition, failing to warn people about a dangerous situation, and failing to warn customers about this condition and failing to place warning signs around the wet floor. The company is also accused of failing to adequately train their employees about where to place warning signs and how to warn customers of a wet floor and failing to tell them to use the proper care measures required for the situation.

The lawsuit is seeking damages for medical bills, physical pain and suffering, mental pain and suffering, loss of wages, loss of earning capacity, loss of enjoyment of life, and interest as well as court costs.

All summer long and even on Labor Day, there were parades, picnics, and amusement park rides such as a super bounce or an inflatable moonwalk ride. Many of us all across the country have played in these as kids and have allowed our children to do the same, even right here in Tennessee. However, unfortunately sometimes tragic accidents happen that result in a serious injury or even death from one of these rides. If your children have been on these rides and have gotten injury as a result, you may be able to speak with a Tennessee personal injury lawyer about your case. They will help you get the compensation you deserve.

In this particular case, Sarah Ruggiero, the mother of Matthew Branham, a five year old boy that was killed on March 22,2010, after falling from an inflatable moonwalk ride and hitting his head on the concrete floor, filed a lawsuit in Sedgwick County District Court against Moonwalks for Fun Inc which is operated by Pure Entertainment. Other names in the lawsuit include Jesse Zogleman, the manager of Pure Entertainment and Tyler Tucker an employee of Pure Entertainment.

Ruggiero is asking for “an amount in excess of 75,000” for personal injury and wrongful death. She alleges that the company operated its equipment in a dangerous manner and also violated the Kansas Consumer Protection Act and so she is also asking for $10,000 for each violation. Her attorney, Todd Shadid said, “Our basis for this lawsuit is that the company takes some responsibility or accountability for what they did. So far they have refused to do so.” According to the details of the lawsuit, Ruggiero had her son’s 5th birthday party at Pure Entertainment on March 18, 2010. One of inflatable rides or units used for the party was called King of the Hill and was a large mattress, flat except for a bulge in the middle and surrounded by a two-inch high inflatable barrier.

At the party, Tucker, the Pure Entertainment employee, told the guests to place a child in the center which caused it to sink in then he jumped to one side of the ride and told the adults to jump to the other, which then caused the child in the center to go up into the air. Four days later, Matthew and his family visited Pure Entertainment again, using passes given to him for his birthday, and followed the same instructions on the King of the Hill ride again, only this time, Matthew flew over the barrier and landed headfirst on the concrete floor.
The lawsuit also claims that the ride was underinflated, and did not follow the manufacturer’s guidelines of allowing only children eight years old and older ride. In May, the city suspended their license for ninety days, claiming that the owner, Duane Zogleman, did not have his rides properly inspected. However, according to their website, the business planned to reopen on September 1. The lawsuit goes on to claim that Jesse Zogleman, “committed deceptive and unconscionable acts” which violate the Kansas Consumer Protection Act.

Continue reading "Inflatable Amusement Company Faces Lawsuit after Child’s Death" »

Here in Tennessee we have laws that protect citizens from overzealous private security guards. Luckily for one woman at the shore, New Jersey appears to have similar laws.

One woman claims she has a scar from a gashed chin she received from an incident involving four private security guards employed by MTV's hit reality show "Jersey Shore". She's suing MTV's parent company Viacom, 495 productions and the cast of the show. The woman claims she was thrown to the ground following a disagreement with Snooki. Interestingly, the incident occurred on the same night that another cast memember knocked out another man. Her lawyer has stated that if she wins the suit it could force "Jersey Shore" off the air.

This lawsuit comes one month after Snooki was arrested for being a public nuisance after becoming quite drunk on the beach one night.

Public figures certainly are entitled to protection from overzealous fans. What they are not entitled to are thugs that act outside of the law. Tennessee law states that an employer of a private security guard could be liable for his actions if the action was taken with the consent of the employer, went beyond the scope of duty of the guard and was with the direction of the employer, or even if it did occur within the scope of the guard's duties.

Continue reading "Security Guards are Tough on the Jersey Shore" »

Many of us across the country and even the residents here in Tennessee expect our counties and states to live up to certain safety expectations. We expect our roads to be easily accessible, our parks to be family friendly and our drinking water to be safe. Unfortunately for one couple in Benton County this was not the case. High levels of mercury were found in their well and it injured them both.

The Gibsons had their ground and well tested for high mercury levels after having severe blisters and sickness after using the water and taking a shower. The state tested the water and found that the mercury was six times the normal drinkable level. In March of 2009, the state shut down the Gibson’s well.

The Gibson’s are pretty positive that the high mercury levels come from the landfill behind their home that has coal ash in it from TVA’s New Johnsonville steam plant. Trucks brought 100 tons of coal ash to the landfill every day and the Gibson’s claim they were not told about what might happen to them because of it. Reports into this case found that this landfill has had other problems including 2,000 tons of ash dumped on an unlined area of the landfill site. The state gave the company Trans-Ash the ones that run the landfill a fine of $160,000. The spokesperson for the landfill says that this is part of the process for dumping ash and they call it a “wet to dry process”. 1,200 pounds of mercury were found to be put in the landfill by TVA in the last year, some of that was before the new regulations to prevent it from seeping into the ground and in the water. These levels are dangerous and can result in significant injury.

The EPA is reviewing new rules to deal with the proper disposable of coal ash and the Gibsons have hired an environmental attorney to sue Trans-Ash and TVA. The state has made sure they have received safe drinking water from the City of Camden’s water supply.

Continue reading "Coal Ash Landfill and Sickness Lead to Lawsuit" »

The Tennessee Dog at Large statute was drafted generally to protect people who are bitten by a dog that was allowed to run at large. The statute states as follows:

Section 44-8-413. (a) (1) The owner of a dog has a duty to keep that dog under reasonable control at all times, and to keep that dog from running at large. A person who breaches that duty is subject to civil liability for any damages suffered by a person who is injured by the dog while in a public place or lawfully in or on the private property of another.

I recently litigated a case where my client was struck by a car while trying to rescue a dog who was in the road. This created an unusual legal questions. Does the statute apply to the injuries sustained by my client since she was injured by the car and not the dog? In an effort to keep the jury from being instructed that the dog owner's violation of the statute caused the injury the defendant filed a motion to limit the evidence at trial. We responded to the motion arguing the statute did apply to the case and we argued our position to the judge. Unfortunately, cases interpreting the law are few and far between. The cases that applied to our case were old and were drafted when Nashville was a small community. The trial court, however, felt he had to follow these cases until the court of appeals or the legislature changes the law. In so doing, trial court ruled that the statutes only applied to injuries actually caused by contact with the dog. This left us with a simple negligence case and not the additional claim that the dog owner's violation of the statute caused my clients critical injuries.

Although, I did understand the reasoning I believe the statute protects people from any injuries which were caused by the dog running at large. In other words, none of the injuries would have occurred but for the direct event of the dog owner failing to restrain the dog. We no longer live in a day where dogs can safely run free. There is too much traffic and congestion on our cities.

Fortunately for our client we were able to resolve the case just before trial based upon the strength of the remaining negligence case. I now have a similar case where this issue will arise again. I am hopeful that in our new case we can successfully address this issue in the appellate courts.

KBR, formerly Kellogg, Brown, and Root and previously a subsidiary of Halliburton, faces injury lawsuits filed by both military and civilian personnel for burning toxic waste, including asbestos, as a cost-saving means of avoiding proper toxic waste disposal. Since 2003, toxic waste was burned in open-air burn pits that produced thick palls of chemically fetid smoke that, according to the class action lawsuit, endangered or caused long-lasting health problems in a minimum of 100,000 people. (See last month’s TN Injury Law Blog asbestos posting for a local lawsuit involving asbestos exposure through illegal disposal.)

Injuries from the illegal burning include chronic asthma, kidney disease, and cancer. Though various toxic chemicals were burned, including lithium batteries, human corpses, paints and solvents, medical supplies, and plastic water bottles, perhaps most alarming in my view as an asbestos lawyer was the quantities of asbestos insulation thrown into the pyres and reports of lung injury. Burning plastic releases dioxins, a known carcinogen. Asbestos inhalation, of course, is a major cause of mesothelioma.

Also alarming is the report that the burn pits are still in operation at Joint Base Balad (formerly Balad Air Base), the largest base in Iraq.

These KBR-operated burn pits were frequently located near soldiers’ and contractors’ quarters and were so thick that visibility through the multi-colored smoke was reduced to only a few meters. Smoke was so bad in some instances that it interfered with our troops’ military mission, compromising base security.

Continue reading "Asbestos Lawsuit News
Military Defense Contractor Faces Class Action Lawsuit" »

Continuing hospital intensive care and an ongoing police investigation are the result of a Augusta, Georgia dog attack of a two-year-old. On July 10, after scaling the chain link fence between his and the neighbor’s house, 4 vicious dogs left the toddler with over 200 stitches and in critical condition after biting him more than 100 times.

County records show that the absentee homeowner had kept up to 15 grown dogs in her backyard in violation of county code restricting this number to 5. (Georgia dog law allows owners eight pets at their residence.) At the time of the dog attacked, six dogs were present at the residence, though only four participated in the dog attack as two dogs were in another fenced area of the house.

Reportedly, the owner of the vicious dogs is in court in a neighboring Georgia county for dogs kept at another her homes. Four leash-law violations are pending against the dogs’ owner. Authorities had previously sized 24 dogs from her Augusta, GA home, some of which were considered too dangerous for adoption.

The adventurous boy may not have scaled the four-foot high fence but been pulled over by the attacking dogs, as the boy never saw anyone climb the fence or had previously attempted the feat. Relatives of the dog-bitten child claim the neighbor’s dogs had escaped on seven different instances and found in their yard.

The boy remains at Medical College of Georgia Hospital, but the boy’s relatives are encouraged that he is moving his arms, legs, and eyes. A local veterinarian is helping officers determine whether the dogs were vaccinated.

No charges are pending related to the attack because the animals were confined to the yard.

While no criminal charges, the Augusta, GA owner of the dogs involved in the dog attack may face civil action.

If a dog bite injury in Georgia or Tennessee has put your child in the hospital or seriously affected his or her life, you may be entitled for compensation of medical bills, including cosmetic surgeries. To learn more, contact the Higgins Firm's Dog Bite Division of our Nashville, TN personal injury law offices.

Tennessee Law Blog is happy to report that, in a follow-up to an earlier TN law blog on defective product eye injuries caused by ReNu with MoistureLoc, the contact lens solution maker Bausch and Lomb has settle over 600 personal injury lawsuits to the tune of $250 million.

As discussed in another previous Tennessee Law Blog, injuries from the tainted contact lens solution were caused by a potentially blinding fungus present in the solution. The potential for fungal infection (Fusarium keratitis) was high, leading to a recall of the product. The CDC had confirmed 180 cases in 35 states as of September 2006. In Tennessee, one Tennessean had to have an eye removed, as did six other people in the U.S. To date, over 700 contact lens wearers have stepped forward with claims to have been exposed to the blinding fungal infection., some of whom have required corneal transplants to preserve vision in one or both eyes.

The culprit, keratitis, is so rare that doctors were at first puzzled by the seeming outbreak, which began in Hong Kong and reached Tennessee and other states by 2006. Eventually, the correlation was made between the potentially blinding infection and the new, multipurpose lens cleaner on the market, MoistureLoc, though the exact mechanics of why this one product caused this particular eye injury remain unclear.

Keratitis sufferers often complain of eye irritation that progresses to sudden searing pain. 2.3 million of our country’s 30 million soft contact lens wearers used MoistureLoc.

In the years since, Bausch & Lomb has marketed its older product, ReNu MultiPlus.

In Kentucky, Georgia, or Tennessee, if you have been injured by a defective consumer or medical product, contact the Higgins Firm for a fair, firm assessment of your legal situation. Contact our Nashville-based product liability lawyers online or toll-free at 800.705.2121.

Child victims of dog bites received national media attention this week with the injury of Steelers linebacker James Harrison. Harrison’s 2-year-old son, James Harrison III, spent six days in a children’s hospital after the family dog, a pit bull, bit the boy on the thigh. There appears to be no permanent muscle or nerve damage from the dog bite.

Also injured were the bitten boy’s mother and Harrison’s massage therapist. The latter’s dog bite injury required a medical visit and stitches.

The dog bite incident reportedly occurred when the dog, outside of its pen, became agitated by the boy’s crying. The mother and massage therapist were injured when attempted to remove the attacking dog from the child. According to Harrison, the pit bull had not attacked before.

The pit bull, named Patron, was taken to Animal Control where the animal will be kept in quarantine for 10 days and then put down. Harrison wishes for the pit bull to instead be spared and find a new home with security sufficient to prevent the dog from attacking.

Harrison, famous for his two Super Bowl wins since being drafted to the Steelers in 2002, made news outside the sports arena when he refused to visit the White House with the rest of his Super Bowl XLIII-winning teammates.

Over 1,000 U.S. emergency room annually are from dog bites. Severe dog bites can require weeks of costly hospital treatment and worked missed. Bites on the face or hands or legs can require sutures (stitches) and can leave scars.

If a dog bite injury has left you facing outrageous medical bills or has affected the quality of life of you or another and would like to seek compensation, contact the Higgins Firm's Dog Bite Division of our Nashville, TN personal injury law offices.

The Tennessee Supreme Court has established that a claim for negligent infliction of emotional distress is a separate stand alone cause of action. Okay, so what does that mean and what is the big deal? Generally, each insurance policy has a limit of coverage for each person. If someone is killed in a car wreck the limit for the death may just be $100,000.00 under the insurance. Obviously, if you have lost the family wage earner the family will need all the financial help they can get. As such, it is important to obtain the full recovery under the insurance policies. This seperate cause of action is often a way to increase the recovery.

One way we have been able to increase the policy coverage is under the now recognized separated claim . Specifically, if a person witnesses a tragedy involving a loved one they may be able to recover additional compensation for seeing that tragic loss. This is obviously not going to make up for any emotional loss but it may help recover some of the financial hardship. I know that if something happened to me i want my family to get all they can to help them through life without me.

I have now had a couple of wrongful death cases where we were able to double the financial recovery under this law. It is not available in every Tennessee wrongful death or serious injury case but it is important to look for it. If you have questions about this newly recognized separate claim feel free to give my Tennessee Law Office a call.

Nursing home deaths from abuse or neglect in Tennessee do not always make the nightly news, especially while an investigation is ongoing. Perhaps the recent reporting of nursing home deaths in this week’s news comes on the crest of TN nursing home industry's anti-lawsuit legislation or maybe, finally, nursing home deaths from negligence are being treated with the importance they deserve.

The Tennessee Bureau of Investigation, acting on a Knox County medical examiner’s opinion that her death was caused by poor nursing home treatment, is investigating the possible homicide of Hillcrest North nursing home resident Linda Darlene Carter. Ms. Carter suffered the horrors of dehydration due to inadequate care.

Ms. Carter had been injured in a car crash and had been transferred from the University of Tennessee Medical Center to Hillcrest Healthcare North to recover. Instead, the nursing home allegedly neglected to provide adequate care, namely, she received insufficient hydration for her to live, much less heal from her injuries.

Continue reading "Kentucky and Tennessee Nursing Home Deaths Make News" »

Deaths from defective Medtronic heart devices continue despite recall in 2007. When Medtronic first announced its recall of Sprint Fidelis leads, the company acknowledged five defective device-caused deaths. This month, Medtronic updated its defective Sprint Fidelis death count to thirteen, nine of which due directly to defibrillator failure from faulty Sprint Fidelis leads.

Despite the Medtronic recall, the device remains in use. Many patients with Medtronic's Sprint Fidelis leads face the difficult decision of to keep the prolific recalled device. One reason the medical device's danger is so widespread is the delay in recalling Sprint Fidelis leads from market. Medtronic waited until 2007 for issuing their Sprint Fidelis recall; this despite FDA officials receiving reports of the device’s defective equipment as early as 2004. By year-end 2005, FDA had received 30 complaints about the device. Whether Medtronic knew of that defects in the Sprint Fidelis posed safety problems remains open to question.

Continue reading "Medtronic Sprint Fidelis Deaths –
13 Admitted Fatalities from Defective Heart Device" »

Recalls, recalls, recalls--FDA officials were busy working with manufacturers of dangerous medical devices last week to inform the public of potentially injurious medical products it has decided must be removed from market. Included in these FDA recalls were Baxter International’s Colleague Volumetric Infusion Pumps and Covidien’s tracheostomy tubes for children. Excluded from these FDA recalls was immediate action to protect patient safety and health.

Serious injury and death have been reported caused by Baxter International’s defective Colleague infusion pumps. These medical devices are used to deliver regular, controlled amounts of medication or other fluids to patients.

Continue reading "FDA Recalls Two Defective Medical Devices
Baxter Infusion Pumps and Covidien Pediatric Trach Tubes" »

Everyone knows the lawyer's role in a personal injury or wrongful death case. However, it is important to remember that the client can play an important role in maximizing the success of the case. When I meet with my client, I will explain to them how they can make me a better attorney on their case.

Here are a few ways my clients help me succeed:

1. Tell me EVERYTHING about your case. Tell me the good and the bad. If I don't know about the weakness of your case (and almost every case has some weakness) than I can't deal with it. Remember, I am your lawyer and what you tell me is privileged.

2. Keep me up to date on your case. Let me know how your injury is progressing, medical treatment is proceeding, etc. I need to know what is going on. A simple email is often enough to keep me up-to-date.

3. Be organized for our meetings. Keep notes to discuss issues, new information, witnesses, etc.

4. LISTEN TO ME. You hired me for a reason. Listen to my advice. You will probably have only one lawsuit in your life and I have had thousands. Take advantage of my experience. We are on the same side, and I will do everything I can for you.

If you have any questions about a serious injury case, you may have feel free to give me a call. We work on cases throughout Tennessee, Kentucky, and Georgia.

Recent events make it imperative that people who are injured in train wrecks need to act extremely fast to preserve video evidence. Routinely, railroad companies keep surveillance footage of their tracks and trains as they run routes. This surveillance footage can be invaluable to a person attempting to establish what happened in any particular train collision with a vehicle or pedestrian. Oftentimes, the event unfolds quickly, the train is big, and moving at a very high rate of speed. Due to these circumstances it is often very difficult for witnesses or individuals on the scene to determine what happened or even for the authorities to recreate the scenario in their investigation of the matter. To further complicate matters, railroads like CSX Transportation have a policy in place that video surveillance footage is taped over 96 hours after it’s initially shot. Further, there is no policy in place by the railroad companies to preserve any footage even if the collision involves a fatality.

This is amply illustrated in the case of a Nashville resident who was found dead on the train tracks in East Nashville on May 31, 2008. According to an article in the Tennessean, Michael Redbear’s body was discovered on the train tracks at 9:00 a.m. when a passing railroad conductor saw the body and called 911. CSX officials reviewed their train logs and determined that potentially five trains passed over the body of Mr. Redbear after he was on the tracks. Unfortunately, CSX failed to act quickly to preserve any footage from the event that lead to the demise of Mr. Redbear. The only video that they were able to salvage and turn over to the authorities showed that at least one train passed over his body after he was already killed. This means that despite the fact that they have video surveillance available, they knew of a fatality where someone was likely killed on their tracks, they were alerted of the fatality on the morning it was discovered, CSX failed to preserve any tapes that could show what happened.

From a practical standpoint, this means that people who are injured at the hands of the railroad need to act quickly to preserve their evidence. 96 hours, or four short days, is all that the railroad company will keep surveillance tapes. Despite this being easily accomplished, railroad companies do not have a policy in place to insure that video surveillance tapes are kept when there is a horrific injury or death involved. They apparently make no effort in the first 96 hours to locate and preserve the tapes. Is it because that would be a burdensome chore or because they do not want people to see what actually happened or if they are at fault? This is a classic exmaple of why we make preserving evidence a priority on all of our cases.

The day before Thanksgiving, and many of us are rushing to write our blogs and last minute correspondences before we board a commercial airline and trust our lives to those tin birds whose wings don’t flap. But I feel safe flying. As Superman says in the movies, “Statistically speaking, it's still the safest way to travel.”

But human error can and does occur.

When this human error leads to aviation accidents that inevitably lead to wrongful death or catastrophic injury, a personal injury attorney can help survivors find a monetary form of compensation for the loss of life or loss of quality of life from an aviation crash.

Personal injury attorneys--such as myself who make our living assisting injured clients recover losses from the negligence of another--rarely use the expression “automobile accidents” except in mixed company. Rather, the more accurate expression plaintiff’s attorneys use is “automobile collisions.” An accident implies an unexpected event or no-fault mistake, something beyond the power to control. Accidents rarely happen. Some entity is usually responsible for the crash. This is especially true in aviation “accidents.”

No two airplane crashes are identical. Various factors from pilot error to defective airplane equipment can be responsible for an airplane tragedy. Determining what factor was responsible--whether it was air traffic controller negligence or improper maintenance or something else responsible for the airplane "accident"--requires skilled legal investigation and knowledge of the aviation industry.

The Nashville Law Offices of Higgins, Himmelberg & Piliponis represents injured clients throughout Tennessee who have suffered serious neck or spinal injuries, disability, or wrongful death from aviation accidents caused by operator error, defective airplane equipment, or other negligence.

The last thing I want is for you to see gremlins out on the wings of your jet.

I wish you the safest of travels during this, the airlines’ busiest, time of the year. But if you have suffered injury from a crash or other aviation accident, HHP has the legal resources to help Tennesseans win damages that will help ease the pain when life is abruptly, permanently changed. Do not accept an insurance company’s settlement without first speaking with me or another Tennessee aviation accident attorney.

For a free consultation, contact Attorney Jim Higgins, Tennessee aviation accident lawyer online or call 615.353.0930.

Next month I will be flying to New York with my client and two witnesses to arbitrate a case that occurred in Tennessee. We have to argue this case out of state and pay thousands of dollars to a private arbitrator chosen by the company that injured my client. We have to arbitrate this case because my client unknowingly entered into an arbitration agreement when he signed up for services with the company. My client gave little thought to the arbitration clause because his needs were urgent and he trusted the company. If he only knew now what he knew then he would have never signed the agreement.

This week congress will be reviewing the laws surrounding arbitration agreements. Arbitrations were originally thought to be a great answer to an overcrowded court system. Unfortunately, big companies are using the agreements to discourage claims and put victims in an unfair positions. Now instead of having a claim resolved by a jury of your peers, people are forced to pay thousands of dollars to arbitrate any claim. This leaves many without any recourse. So be careful next time you are asked to sign an arbitration agreement. If you have questions with regard to an arbitration clause give us a call.

Yesterday Claudia Pinto writing for the Tennessean reported what Nashville personal injury lawyers have known for almost a decade now: toxic mold is a big problem in Tennessee.

Perhaps the reader recalls two years ago the Nashville firefighters who came down with toxic mold-related health problems and were awarded three-quarters of a million dollars for their loss of work and quality of life. If not, it’s time to refresh Tennesseans’ memories like Ms. Pinto did yesterday in her article “Unhealthy Mold Easily Takes Hold in Tennessee Homes.”

The subject of the Tennessean article was a Madison, TN woman suffering from “frequent headaches, sinus infections and bouts of bronchitis” and who did not realize the “black mold” growing in her home was the cause. Toxic mold is a bit of a misnomer as the mold itself is not toxic. Instead, its mycotoxins, certain chemicals the mold has developed to kill other molds and prevent them from growing nearby, that are. The most common toxic mold is black mold, which is a dark green or black-green mold better classified by its Latin name Stachybotrys chartarum (formerly called Stachybotrys atra).

Apparently The Metro Health Department receives “roughly 25 calls a month from people who want guidance on how to rid their homes of the fungus.” Memphis is particularly hard hit by this health hazard. Common culprits promoting mold growth are humidity, leaky pipes, and flooding—all of which we have too much of in Memphis.

Other side effects of toxic mold include fatigue, sinus problems, migranes, nosebleeds, and a persistent cough. According to The Tennessean article, the Madison woman never got sick before moving into her mold-infested house. Her health problems have cost her plenty over the past four years of doctor’s visits and medicine.

Contact us if you suspect your illness is due to toxic mold exposure. HHP accepts clients throughout Tennessee.

Okay, first of all let me be clear. I love dogs. All types and sizes. I have always had dogs and always will. However, I also think it is only fair to society that I be completely responsible for my dogs. Like any animal they can be unpredictable at times. No matter how well we think we know them they may act different around strangers. That is why I support the new proposed tougher dog liability law.

Each year approximate a dozen people nationwide die from dog bites, according to estimates from the Centers for Disease Control and Prevention. Also, according to the State Health Department in 2005 over 7,000 Tennesseans sought treatment for dog bites, and an additional 188 were hospitalized.
Currently under Tennessee law a person must know that there dog is dangerous before they can be held responsible. I think if we are going to have an animal then we are responsible for its actions no matter how unexpected they may be. One of the proposed laws would allow dog owners to be prosecuted for the first time their animals damage property or injure someone, including if the incident happens on their own property. There would be exceptions for dogs protecting owners from real danger.

What do cigarettes, car exhaust, tire-manufacturing plants, and burning buildings all have in common? In addition to smelling awful, the fumes they all emit contain benzene, a common industry chemical that scientists are increasingly implicating as a cause of leukemia and other deadly diseases.

It has long been known that individuals working in factories that use or produce benzene have a high risk of acquiring terminal diseases, but a recent study at the University of Cincinnati reveals a new group of uniformed men and women whose exposure to cancer-causing toxins rivals that of gas station attendants, plastic producers, and detergent manufacturers—our childhood heroes, the firefighters.

An interdisciplinary team of medical researchers at the University of Cincinnati compared cancer rates of firefighters to those of workers in other fields. This review of 32 studies revealed that there are 100% more cases of testicular cancer and 50% more cases of non-Hodgkin's lymphoma and multiple myeloma among firefighters than among employees of other industries, and the soot, formaldehyde, benzene, and other cancer-causing chemicals found in burning buildings are to blame.

The Nashville Fire Department, alone, employs over 1000 personnel, the majority of whom regularly take in these toxins through their skin and lungs. The results of the Cincinnati study make it clear that many of these hundreds of local workers are at risk of developing painful illnesses with poor prognoses.

It is thus imperative that our local and national fire departments develop protective equipment to minimize their employees’ contact with benzene and other harmful chemicals. By doing so, they will not only minimize the possibility of facing a workers’ compensation lawsuit, but avoid the guilt that comes along with passively promoting life-threatening conditions.

Firefighters must play a role in protecting their own health, as well; in addition to washing their skin and uniforms thoroughly and regularly, it may be up to the men and women who put themselves in the line of fire to hold their employers to the highest safety standards possible.