Articles Posted in Personal Injury

In Tennessee and all across the United States, people put their loved ones in nursing homes every day, expecting that they will be well cared for. However, many patients suffer from abuse, negligent, and in some cases patients even die as a result of medical malpractice and negligence. Tennessee Wrongful Death lawsuits can be filed for a variety of reasons, including but not limited to: motorcycle or car accidents, defective products, an occupational hazard or medical malpractice or negligence. Medical malpractice is one of the most common causes for wrongful death in the United States. About 98, 000 Americans have died a wrongful death due to medical malpractice and 90, 000 of these cases filed for wrongful death claims.

According to this Nursing Home Neglect lawsuit, on December 13, 2011, a woman died after suffering a subdural and subarachnoid hematoma. Although devastated at her loss, it was a situation the family could understand. Sadly, this family was lied to, although the real facts were not revealed until they were watching the evening news. The newscaster announced that the coroner’s office ruled the cause of death a homicide because she was assaulted by an Alzheimer’s patient.
The family went to the nursing home seeking answers following the news report. They were avoided by staff members. The victim’s son doesn’t blame the other resident, but he was shocked by the lies and could not believe the lack of supervision provided by the nursing home staff. The altercation happened in the dining room, where no supervision was present.

According to the case, the family originally sought an apology and $30,000 to cover the woman’s hospital bills; however the nursing home refused to accept accountability. Now the facility is facing a wrongful death lawsuit. An inspection in January 2011 cited the nursing home for failure to provide adequate supervision to prevent a fall in the Alzheimer’s unit. In response the nursing home submitted a plan of correction and promised not to leave Alzheimer’s residents unsupervised in the dining room. The plan was never effectively implemented.
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According to the Centers for Disease Control and Prevention, the average rate that a pedestrian is killed in an accident is one pedestrian related death every two hours. The rate a pedestrian is injured is every eight minutes. Also, pedestrians are 1.5 times more likely than passenger vehicle occupants to be killed in a car crash on each trip. If you or someone you know has been involved in a pedestrian related car accident and been injured or died, then you should speak to a Tennessee pedestrian car accident and personal injury lawyer as soon as possible. They will hear your case and see to it that you receive the compensation you need for what you have suffered.

In this case, comedian Russell Brand is being sued for running over a pedestrian with his car in an accident that took place in January 2012. The victim Victor Sneed is asking for $185,000 in damages in a new lawsuit filed against the actor, citing bodily injuries to his hand, arm and hip after a run-in with Brand. Snide previously sued Russell in October 2012 for $25,000 in the same accident, but appears to have upped his claim since then. In January, Brand shot back at Sneed, stating that injuries incurred from the accident were the “direct, proximate and sole result” of his own “physical bodily condition and constitutional composition,” according to court documents.

The CDC also reports that, pedestrians can help prevent injuries and even death from car accidents if they are especially careful at intersections, where drivers may fail to yield the right-of-way to pedestrians while turning onto another street, if they crease their visibility at night by carrying a flashlight when walking and by wearing retro-reflective clothing, and finally if whenever it is possible, pedestrians should cross the street at a designated crosswalk. It is much safer to walk on a sidewalk, but if pedestrians must walk in the street, they should walk facing traffic.
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In Tennessee and all across the country and even the world, we have all heard reports about the Depuy hip implant recall and metal on metal hip recalls. The original Depuy hip recall occured in August of 2010. Since then, many people have experienced pain and problems and even needed additional surgery to fix or replace their implants. If you or someone you love have had pain or hip problems since your implant and think you may have a Depuy hip implant, you should talk to a Tennessee hip implant recall lawyer right away. They will hear your case and work with you to make sure you get the compensation you deserve.

In the first hip recall case to go to trial, a jury on Friday, March 8th, 2013, found that the hip implants were defective, but that DePuy did not act with fraud or malice. DePuy was ordered to pay more than $338,000 in medical costs and $8 million for pain and suffering to plaintiff Loren Kransky. No punitive damages were awarded. Another case involving a lawsuit filed by a retired prison guard suffering from kidney cancer and other ailments, states that this verdict bodes well for this case as well as other cases, while DePuy said it would appeal.

Jeff Jonas, an analyst for Gabelli & Co, stated that Johnson & Johnson unit will eventually offer a national settlement, under which thousands of hip plaintiffs would likely take what is offered rather than face years of litigation and appeals. The recall of the Depuy hip implants began in 2010, prompted by recognition that the devices were failing at higher-than-expected rates. Some 93,000 ASR hips were sold prior to the recall.

Loire Gawreluk, a spokeswoman for DePuy stated that, “We believe ASR XL was properly designed, and that Deputy’s actions concerning the product were appropriate and responsible.” She also stated that, the planned appeal will be based on grounds including the fact that the court did not allow the company to tell the jury that the U.S. Food and Drug Administration had reviewed the device and cleared it for sale.

In Loren Kransky case, it has been stated that, “the jury’s decision is the first day of reckoning for DePuy and Johnson & Johnson … We expect to get punitive damages in the next trial.” The case claimed that the ASR hip resulted in elevated levels of cobalt and chromium in Kransky, causing him pain that required the hip to be replaced. The J&J lawyers that there is no medical consensus on what levels of the metals may cause harm to patients and said Kransky’s other medical problems, including diabetes, heart disease, and kidney cancer, were the source of his pain and suffering.

Another hip implant trial in Illinois state court starts on Monday March 11, 2013. Two cases in federal multi district litigation are set for trial in May and July in Ohio.
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By now you have probably heard about the employee’s failure to perform CPR on a resident because it was against the company’s policy. Shocking to say the least. We know that families place their elderly loved ones in nursing homes each year. When doing so, they expect that their loved ones will be properly taken care of and looked after. Unfortunately, many nursing homes are understaffed, overworked, and improperly trained. This can and unfortunately often leads to nursing home abuse and neglect for many patients. If you feel that someone you love has been injured or died as a result of nursing home abuse or neglect, then you should talk to a Tennessee nursing home neglect lawyer as soon as possible.

According to this case, a nurse at Glenwood Gardens which is operated by Brentwood-based Brookdale Senior Living Inc, refused to give CPR to Lorraine Bayless following her collapse last Tuesday in the dining room. She was barely breathing. The woman called 911, stating that it was against the facility’s policy for the staff to perform CPR.

Tracey Halvorson, the dispatcher who received the call, stated that, “I understand if your boss is telling you, you can’t do it,” but … as a human being … you know, is there anybody that’s willing to help this lady and not let her die?” The woman replied “Not at this time.” Bayless was declared dead at Mercy Southwest Hospital later Tuesday.

State officials said they did not know whether the woman who talked to the 911 dispatcher was actually a nurse, or if she just identified herself as one during the call. Russ Heimerich, spokesman for the Board of Registered Nursing, the agency that licenses health care providers, stated that, the consensus is if they are a nurse and if they are at work as a nurse, then they should be offering the appropriate medical care.”

According to the case, Bayless did not have a “do not resuscitate” order on file. Jeffrey Toomer, the executive director of Glenwood Gardens, stated that, the woman did indeed follow policy. He also stated that, “In the event of a health emergency at this independent living community our practice is to immediately call emergency medical personnel for assistance and to wait with the individual needing attention until such personnel arrives. That is the protocol we followed.” Toomer stated that a “thorough internal review” of the incident would be conducted. Police are also conducting an investigation. Toomer also stated that, “residents of the home’s independent living community are informed of the “no-CPR” policy and agree to it when they move in.”
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Having a Tennessee Injury Law practice we have seen all types of cases. Of course, the most common injuries involve car accidents but that is not the only type of collision that can occur. According to this case, in August of 2006, Ella Cousins, then sixty-four, was pushing her shopping cart down a main aisle of the Food Lion when her empty car was hit head on by a two hundred pound stocking cart. The collision resulted in Cousins being knocked backwards which caused her to hit her head on the ceramic floor causing a traumatic brain injury as a result. Prior to the personal injury accident, Cousins had normal intelligence and was employed as an attendant for people who couldn’t care for themselves. Now, she is severely mentally impaired and requires around-the-clock care and supervision.

On the day of the accident, female grocery employee, Barbara Hopper, had packed the wheeled stocking cart too high with beauty care items. The totes on the cart were stacked so high that the 5-foot-1 employee couldn’t see over the top of them. Hopper also was pushing the cart rather than pulling it, which was in violation of a store policy to pull the cart to prevent such accidents. Hopper no longer works for Food Lion and stated that she never saw Cousins until she was on the floor.

For approximately seven years, Cousins’ daughter and granddaughter provided her care, which would have cost an estimated $200,000 a year if it was paid for. Also, Cousins’ granddaughter is in her twenties and has put off going to college to care for her grandmother.
The verdict against the grocery store company, reached Thursday following a three-day trial, ties the largest verdict ever recorded in the area. The jury determined that the grocery store company was responsible for the accident.
Food Lion appealed the first verdict and the case was initially tried in January 2010, with an entirely different outcome. According to that trial, Food Lion admitted Hopper was negligent, however the company asserted and the jury agreed that Cousins had “contributory negligence” and should have gotten out of the way of the cart. According to the law in that state, people that contributed to negligence cannot receive damages. This decision was also appealed stating that Food Lion had not properly vouched for the accuracy of a surveillance system that was running the day of the accident.
In January 2012, the state Supreme Court agreed with this statement, reversing the jury’s finding and remanding it for a new trial.
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Do you have a serious medical condition and need some time off from work, but you have been told that your employer does not have to comply with the Family and Medical Leave Act (FMLA)? Don’t despair, because there may be other types of job-protected leave that your employer must grant you to give you time off to heal, recuperate or otherwise attend to your personal medical condition. We begin by asking what type of employer you work for and what kind of medical condition you suffer from.

The FMLA is a federal law that requires certain employers to let an employee take a maximum of twelve weeks of leave from their job for a serious medical condition, and must keep their job open for them upon their return. However, the FMLA has conditions. First, the employer must have at least 50 employees with a 75 mile radius, and you must have worked at least 1,250 hours in the previous twelve month period. Second, your medical ailment must be certified by a medical professional to be a serious health condition, which generally rules out things like viruses that just keep you out of work for a few days.

So perhaps your employer doesn’t have enough employees or you haven’t worked enough hours to qualify for FMLA. Or, perhaps you did qualify for FMLA-protected leave, but your twelve weeks have run out. What then? There might be other ways to get job-protected leave.
Check your employer’s policies. Your employer may offer unpaid medical leave that is available even if the employer is not required to comply with the FMLA or if your FMLA leave has run out. Read your employer’s policies and speak to a human resources representative to find out if your employer offers medical leave. You may also want to find out if other employees were allowed to take medical leave and find out in what circumstances that occurred.
The Americans With Disabilities Act. If your employer has at least 15 employees, it must comply with the Americans with Disabilities Act (ADA). Under that act, if you are a qualified person with a disability, the employer, in most circumstances, must provide you with a reasonable accommodation in order for you to perform the essential functions of your job. Generally what we think of is a special chair for a person with a back injury or perhaps enhanced computer devices for a person who is blind. But a reasonable accommodation may take the form of a leave of absence from a job. Think of a person who has a disease and has been hospitalized and will be released back to work in three weeks, but their FMLA leave will be exhausted in one week. The employer may have to give them an additional two weeks in order to comply with the ADA.
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According to Fox 12 news, Lions defensive tackle Ndamukong Suh has a million dollar lawsuit he was faced with after a December 2011 car accident that occurred while he was serving a two day suspension after a Thanksgiving stomping incident.

he terms of the settlement were not disclosed. Suh’s lawyer owed something to Saadia Van Winkle for the injuries suffered as a result of the car accident; however, the parties did disagree on the extent of the damages.

In Tennessee and all across the country, many people unfortunately get into accidents with cars that result in serious injury for the people involved. These accidents can occur for many reasons including but not limited to the involvement of drugs or alcohol, just not watching the traffic signals, or being distracted by someone else in the car. Whatever the reason for the car crash, if you or someone you know has been injured as a result of any type of auto accident, you should speak with a Tennessee auto accident and personal injury lawyer as soon as possible. They will hear your case and work with you to make sure you receive the compensation you may be entitled to.
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In Tennessee and all across the country, families place their elderly loved ones in nursing homes each year. When doing so, they expect that their loved ones will be properly taken care of and looked after. Unfortunately, many nursing homes are understaffed, overworked, and improperly trained. According to recent reports, a Nashville nursing home has received fines totaling $240,000 in the last year due to violations of state and federal regulations which placed patients in “immediate jeopardy” The citations were given on May 12th for and the other on Dec. 6th for $8,000 following an inspection by surveyors from the Health Department of Crestview Health and Rehabilitation Center. The May citation has been paid according to a spokeswoman for the agency but the $8,000 citation is still pending.

In May, the citations were given for failing to inform a treating physician of the deteriorating condition of one of his patients, who was later found dead. The patient’s physical and mental health had deteriorated with “repeated behaviors, anxiety, agitation, repeatedly low oxygen, symptoms of swelling, dyspnea, coolness, paleness and abnormal lung sounds and elevated temperature.”The report revealed that the failure to inform the physician placed the resident “in immediate jeopardy.”According to the report, the physician told the state inspector that had he known about the patient’s decline, he “would have sent him out,” adding, “He needed to go back to the hospital.”The physician said he also was not informed that his patient was found eating a topical ointment that contained a warning that ingestion of large quantities could be hazardous. The unnamed patient was found not breathing early on the morning of Jan. 19th of last year and was pronounced dead.

The inspection report also cited the nursing home for verbally abusing two incontinent patients and for failing to investigate and report suspected abuse and also for failing to treat a pressure sore that caused harm to a patient. They were also cited for failing to develop patient care plans. Robert Jordan, spokesman for Vanguard Healthcare, which owns Crestview, said all the deficiencies have been corrected and new management put in place at the nursing home. He also stated that, “We are restoring our high standards for quality care at Crestview.” As a Nashville Nursing Home Negligence Lawyer I truly hope Crestview will do as promised.
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According to the report from the Judicial Panel on MultiDistrict Litigation the number of Pradaxa cases filed in federal court involving internal bleeding has increased from an estimated one hundred to one hundred and fifty-one. This most recent report was issued on November 14, 2012.

The report comes during a time when researchers have been disagreeing about the drug’s safety. According to The Journal for The American Medical Association warning on September 3, 2012, the association feels that the Food and Drug Administration may have rushed the approval of Pradaxa and overlooked major side effects such as internal bleeding. However, in a study performed by Food and Drug Administration on November 4, 2012, they state that for now Pradaxa has the same risks as other blood thinning medications.

A report released by the Institute for Safe Medicine Practices’ QuarterWatch on October 3, 2012 estimates that the complaints to the Food and Drug Administration concerning Pradaxa have increased by ninety percent in four years. The concern over Pradaxa internal bleeding risk is that once the bleeding starts there is little that can be done to stop it, according to doctors’ on November 6, 2012.

If you or someone you care about has suffered from dangerous and even life-threatening side effects while on Pradaxa, then you should speak to a Tennessee defective drug Pradaxa and personal injury lawyer right away about your claim. They will hear your case and work with you to make sure you get the compensation you need for what you have been through.
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In Tennessee as well as all across the country, people expect that when they buy products especially for use by their babies and infants that these products will be sturdy and safe to use. Unfortunately, however, some products have defective parts that can cause serious injury or in death when used. If you or someone you love has experienced personal injury or died after using a defective consumer product, then you should speak to a Tennessee product liability lawyer right away.

According to the Consumer Product Safety Commission, four national retailers have recalled over 150,000 Nap Nanny Baby recliners following the deaths of five infants and reports of children nearly falling out of the recliners. This recall includes Nap Nanny Generations One and Two, and the Chill model infant recliners sold between 2009 and 2012. The Nap Nanny was originally designed to mimic the curves of a baby car seat. It elevated the head slightly to help reduce reflux, gas, stuffiness and other problems.

The Consumer Product Safety Commission warned parents and caregivers that the Nap Nanny contains defects in its design, warning, and directions. They stated that the product poses a substantial risk of personal injury and death to infants. Amazon.com, Buy Buy Baby, Diapers.com and Toys R Us and Babies R Us agreed to voluntarily participate in the recall of the Nap Nanny because its manufacturer is unable or unwilling to participate. The maker of the product, Baby Matters LLC has gone out of business but before it did, the company stated that they did not believe the complaint had merit and its product was safe if the instructions were followed.
The first two versions of the foam recliner were recalled in July of 2010 after the Consumer Product Safety Commission learned of one death and twenty-two reports of infants hanging out or falling over the side of the Nap Nanny even though most of the infants had been placed in the recliner’s harness. Following these recalls, the agency learned of four more deaths. Four of the deaths were connected to the first versions of the recliner, and one to the newer model.
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