Personal Injury

August 4, 2022

UNDERSTANDING THE CAMP LEJEUNE LITIGATION

If you have watched any TV in the past few months you have seen a commercial or new story about Camp Lejuene Lawsuits. So what is it? I thought we could discuss what this litigation is about, why we are hearing so much about it now and what to do if you have been impacted. So here are those questions with a couple of brief answers:

1. WHAT ARE THE CAMP LEJUENE CLAIMS AND LAWS WE ARE HEARING SO MUCH ABOUT?

To understand why it is such a big deal you have to know a little about the history. Basically, between 1953 and 1987, drinking water at Camp Lejeune, military base in North Carolina, was contaminated with dangerous chemicals linked to cancer, Parkinson’s disease, birth defects, and more. Once the impact became know, which took decades, hundreds of families filed lawsuits to get help for these illnesses. Unfortunately, all these lawsuits were dismissed in 2016 based on a law in North Carolina known as a statute of repose. This created outraged and the legislature is in the process of passing a law that will because it meant that thousands of innocent victims (including military veterans and their families) would be denied compensation for serious injuries. In response, a new federal law was proposed in Congress called the Camp Lejeune Justice Act (“CLJA

March 1, 2022

Baby Formula Lawsuits – What You Need To Know

by Jim Higgins

Two major baby formula manufacturers are being sued by parents whose premature infants became very ill or died from flawed baby formula produced by major manufacturers Similac and Enfamil. The lawsuit alleges that these manufacturers knew that the ingredients in the formulas might make premature babies very sick but failed to disclose this information to parents.

Under Tennessee’s product liability laws, failure to post an adequate warning label and failure to notify the parents about possible complications for premature babies violates statute §63.8 Duty to Warn – Time of Sale. The manufacturers are being held liable for the injuries sustained by the babies and pursued in cases of wrongful death.

The Higgins Firm is representing families affected by these defective products.

February 6, 2019

3M Knowingly Sold the U.S. Department of Defense Earplugs, Putting Active Duty Soldiers at Risk for Hearing Loss

by Jim Higgins

In 2018, a judge for the Department of Justice ordered 3M to pay $9.1 million in damages to veterans who were injured after using their dual ended Combat Arms Earplugs (CAEv2).

For a free case review with a 3M defective earplugs lawyer Nashville, TN has to offer, please call The Higgins Firm right away.

According to the U.S. Department of Veterans Affairs, hearing loss, tinnitus, and other hearing problems is the most prevalent “service connected” medical condition among veterans. As of 2017, at least one million U.S. military veterans were receiving disability for hearing loss. Another 1.6 million U.S. military veterans were receiving disability for tinnitus. It is thought that both of these numbers are much higher, but some veterans have not yet noticed, or reported, their symptoms.

August 24, 2018

A Terminally Ill Man Just Won $289 Million from Agricultural Company Monsanto

by Jim Higgins

A San Francisco jury ruled that the most popular weed killer in the world, Roundup, caused a former schoolteacher, husband, and father of two to become terminally ill with cancer.

Dewayne Johnson’s case was the first to go to trial, and was expedited, because doctor’s had said he wasn’t expected to live long. In California, plaintiffs near death can be granted a speedy trial. His victory is likely to set a precedent for thousands of other cases who claim the herbicide made by Monsanto causes a deadly, painful form of cancer known as non-Hodgkin’s lymphoma.

The jury deliberated the case for three days at the San Francisco Superior Court before choosing to award Johnson $250 million in punitive damages and $39 million in compensatory damages. Johnson’s lawyer says he will live the rest of his life in “extreme comfort”, but this won’t change the fact that he will almost certainly lose his life, and very soon, leaving his two sons and wife.

May 15, 2018

Abilify Claimants Recover Settlements, While Others Join the Class Action Lawsuit

by Jim Higgins

Three people who said the antipsychotic drug Abilify caused them to engage in compulsive gambling have reached a settlement for undisclosed amounts. The cases were considered to be bellwether, multidistrict litigation, and scheduled for trial in June. The District Court has ordered the defendants, Bristol-Myers Squibb Co., and Otsuka Pharmaceutical Co. Ltd., to pay the claimant’s within 30 days. In turn, the Plaintiffs must execute a full release which will result in a dismissal of the case trial. Continue Reading

May 7, 2018

Is the Attorney Client Privilege Over? Here’s What You Need to Know

by Jim Higgins

President Trump Tweeted that the “Attorney client privilege is dead” after the FBI conducted a raid at the office of Michael Cohen, a New York lawyer and legal representative of Trump. The President is well known for his Tweets, and later continued to tell his Twitter following that “I have many (too many!) lawyers and they are probably wondering when their offices, and even homes, are going to be raided,”. He added, “All lawyers are deflated and concerned!”

Those who follow Trump, including thousands of lawyers, had plenty of questions after his bold Tweets; namely whether or not what he said had any real truth. Before discussing what the attorney client privilege is, it will be important to understand why the offices of Attorney Michael Cohen were raided. Here’s a few fast facts:

Michael Cohen is one of Trump’s lawyers.

April 2, 2018

Tempe Woman is Struck and Killed by Self Driving Uber Car, Now the Question Remains: Who is Responsible?

by Jim Higgins

On March 18, 2018, Elaine Herzberg, 49, was struck and killed by a self driving Uber car. The Tempe resident had been crossing the road with her bicycle when the automobile driven by a robotic computer failed to stop before hitting her head on.

At first Tempe police said Herzberg was at fault. Their report stated that she had come “from the shadows” stepping off the median and into the road. Herzberg was jaywalking with her bike and ended up in the path of the vehicle. Legal experts monitoring the case have already said that Herzberg will likely be criticized for jaywalking and also for being homeless with a criminal history. They have also been quick to follow up these criticism by explaining that Tempe is not bicycle or pedestrian friendly meaning jaywalking is absolutely necessary to cross the street. Furthermore Herzberg was actively trying to get her life back on track.

The self driving Volvo XC90 Uber car did have a safety driver behind the wheel. Video footage shows Rafaela Vasquez looking down rather than onto the road. Her hands were not on the top sides of the steering wheel as recommended by Uber. Vasquez was also not a professional driver and had a history of driving offenses, although they were not enough to disqualify her from the position. If the case is prosecuted, she is likely to come under intense scrutiny. Vasquez has not been charged.

November 3, 2017

A Terrible Health Bill is Pending in Congress Now

by Jim Higgins

House Bill 1215 is currently pending in congress. The bill has been shadowed by hundreds of more pending bills, and now it’s time to shed some light on it. If passed, house Bill 1215 essentially will create immaculate obstacles for people who seek to hold health care professionals accountable for medical negligence, also known as medical malpractice. Although many states have already imposed certain limits on what damages can be sought, the bill goes beyond these laws and will set forth draconian limits on the lawsuits filed by victims all over the country.

Misleadingly, albeit cleverly, named Protecting Access to Care Act of 2017, would force a maximum limit of $250,000 for non-economic damages such as emotional anguish, stress, or pain and suffering. Supporters of the claim say these limits will prevent frivolous lawsuits. Those against the bill say it affects malpractice victims whose damages exceed the limits; unfortunately these often include those who have suffered the most. Furthermore, the cap could be devastating for children, women, elderly, and people with a disability.

House Bill 1215 also includes a statute of limitations for lawsuits involving medical malpractice. If passed, most patients will have one year from the time of discovery to file a suit. Joanne Doroshow, the executive director of the Center for Justice and Democracy, says “almost no state has a statute of limitations that severe.” During this year period, victims will also have to overcome numerous hurdles including getting an affidavit from expert witnesses who meet very strict requirements. In other words, the bill clearly states that only a doctor practicing or teaching in the same state or neighboring state can act as an expert witness. The court will be able to waive this if witnesses would “otherwise not be available.”

October 18, 2017

Supreme Court Denies GM: Lawsuits For Deadly Ignition Switch Can Pursue

by Jim Higgins

The U.S. Supreme Court has told GM that it will have to face the potentially billions of dollars in multiple legal claims after installing a deadly ignition switch in their cars. GM argues they were ‘free and clear’ of liability and use their 2009 bankruptcy sale as an appeal.

The justices overseeing the issue left no comment in the federal court appeals ruling which stated any accord of bankruptcy would not protect GM from accidents, and any following claims, that happened before the sale. Lawyers of plaintiffs estimate current claims total for nearly $10 billion dollars. This number could increase should there be more lawsuits to follow.

This ruling is another setback for Mary Barra, the GM Chief Executive Officer. She has already experienced woes within the company. In her first year, her role as CEO was heavily occupied by the ignition defect which is directly associated with at least 124 deaths and recalls of 2.59 million cars. One financial analyst says there is a finite risk which will require GM to reconsider buying back stock or paying out its

April 9, 2017

What Happens If Your In An Accident With A Self Driving Car?

by Jim Higgins

The futuristic dream of self driving cars could be a reality sooner than many people realize. In fact self driving cars already exist. Companies like Google and Tesla have cars that are nearly autonomous and lack a steering wheel or foot pedals. They could revolutionize the idea of driving, reduce the number of accidents or decrease traffic jams. That’s if the legal concerns encompassing them don’t slow down their full public release.