Articles Posted in Personal Injury

In this case, Andrew Yount grew breasts after taking Risperdal since he was five. He was awarded 70 million in damages for physical disfigurement and emotional distress by a jury in Philadelphia. The award is 28 times greater than the highest jury verdict previously decided against Janssen, a Johnson & Johnson subsidiary, in Philadelphia-based Risperdal litigation. That former highest verdict award was $2.5 million.

Austin Pledger, who was prescribed Risperdal in 2002 as a teenager for treatment of mood swings related to his autism, developed size 46 DD breasts, allegedly as a result of taking the drug.

Like Yount, Pledger asserted Janssen did not disclose or properly warn of such side effects before he was prescribed Risperdal. A Philadelphia jury awarded Pledger $2.5 million in February of last year. Only one case thus far, featuring Pennsylvania plaintiff William Cirba, has ended with a ruling in Janssen’s favor.

When we take our families to amusement parks and themed parks like Disney, we expect that the experience will not only be fun and enjoyable but also safe for the ones we love. However, the incident with the incident involving a toddler and an alligator ended in tragedy and may have been preventable.  So now what will Disney do?  What legal rights does this family have to get answers for their horrible loss?

According to reports, the toddler was wading in the shallows of the Seven Seas Lagoon at Disney’s Grand Floridian Resort and Spa around 9:00 p.m. on Tuesday when an alligator grabbed him and pulled him under the water. His father, Matt Graves, rushed into the water and sustained lacerations on his hand in an attempt to fight off the alligator. He then summoned a lifeguard from a nearby pool, who was also unable to rescue the boy. After a 16-hour search, the boy’s deceased body was discovered fully intact – just 15 yards from where he was taken.

Disney, like any hotel operator has a duty to keep their guest safe.  A duty to warn the guest of any known dangers.  We all feel that places like Disney are so secure it is very understandable how a family from outside the area would be oblivious to the dangers lurking in that lake. It appears there were signs that read “no swimming” posted in the area but no signage warning of alligators, a Disney spokesperson confirmed to PEOPLE. Orange County Sheriff, Jerry Demings say that, “The boy was splashing in about 6 inches to one foot of water at the time of the attack. I believe what this 2-year-old was doing was perhaps what any 2-year-old would be doing.”

As the Tennessee grows, tragic accidents between cars and people have dramatically risen.  In fact, there have been one hundred and twenty pedestrians and bicyclists killed as of December 29, 2015.  Six  other pedestrians died in Nashville in November and December raising alarm among advocates and a new round of questions about why some people continue to be injured or killed on infamously dangerous streets, like Harding Place.  Mary-Pat Teague, chairwoman of Metro’s Bike and Pedestrian Advisory Committee was surprised by the high numbers and stated that, “A couple of these recent fatalities, people were crossing the street mid-block, out of a crosswalk , always very dangerous  but they were crossing because that’s where the bus stop was.”

Nashville’s Bike and Pedestrian Advisory Committee or BPAC and the on-profit Walk Bike Nashville, has been considering a move toward a “Vision Zero,” program that strives for zero fatalities. Teague stated that he program, as adopted in other cities, typically includes an education campaign about safe crossings, an analysis of speed limits in known danger areas, and engineering changes that try to anticipate driver errors. Mary-Pat Teague also went on to say that the “Police are doing everything they can to investigate and look at these issues, but they need help with policy changes, I believe.” Metro continues to examine crosswalks and police enforcement while the Tennessee Highway Patrol is also making pedestrian safety a priority in 2016. Lt. Bill Miller said he worries about distraction and not just for drivers. He asks, “Is there something that we can do to better educate the public as to the dangers that are involved with walking and being distracted at the same time?” Miller also went on to state that, “It’s an urgent challenge because 10 percent of roadway fatalities now involve people outside of vehicles. We are, unfortunately, being hit very hard with non-motorized and pedestrian fatalities. That is going to be one of our primary areas of focus in 2016.”

Hiring a personal injury lawyer to help with your case is a crucial step in getting the outcome that is most beneficial to you. Here are some steps you can take to make the process of working with an attorney go as smoothly as possible.

Higgins Law Firm Personal Injury Lawyer

  •  Tell your lawyer everything you know or can remember. Talking about your accident may be embarrassing because you may feel like you did something wrong, but it is important that you be as honest with your lawyer as possible and to tell them everything you know concerning your injury case. You are protected by attorney-client privilege, so your lawyer has to keep everything you share with them confidential. Any information you don’t disclose and comes to light later could be used to undermine your case.
  • Keep all medical appointments and follow your physician’s orders

How hard is it to win a slip and fall case in Tennessee? Very hard! People often think that if they are injured at a business the store will automatically pay for any medical bills or damages. Well that is not the case. Just like if someone fell at your house just because they were clumsy you will not have to pay for their damages. To win a fall case you have to show the business created the danger or knew (should have know) about the danger and did nothing to fix it or worn people about it. Not easy. I was recently interviewed about these cases and how to increase your chances of winning them at trial. You can watch the interview below:

 
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Last week, a Nashville resident filed a lawsuit against Montgomery Bell Academy (MBA) after claiming that she was knocked unconscious by an errant soccer ball from atop an elevated soccer field. According to the suit, she had been out walking near the prestigious all-boys prep school last year when she was hit in the side of the head with a soccer ball that came from an open air soccer field sitting atop a 3-story parking garage. She claims that the ball knocked her unconscious and threw her into the street.

Before being struck by the soccer ball, the plaintiff states that she had been a “vigorous and active person” who often exercised and socialized. However, the suit claims that she now suffers from lingering physical and mental injuries. In addition, the suit claims that the victim’s husband who has cancer also suffered because of his wife’s physical and mental injuries.

In the suit, the injured woman claims that MBA “knew of the unsafe condition caused by its use of the rooftop soccer field and the way in which it was designed and used.” The suit claims that the school failed to provide ample netting or other safety measures to prevent passers from coming into contact with the soccer balls. In addition, the plaintiff contends that the risk caused by a kicked soccer ball off of a roof is indeed foreseeable.

Depending on the outcome, this lawsuit could provide a new threshold of culpability for schools’ sporting facilities throughout the state. If the court determines that MBA is indeed accountable, other individuals struck by errant balls outside the field of play would be able to file suit for sizable damages. It would establish a duty that schools owe to those individuals within the vicinity of sporting facilities. It would also likely force schools to be much more careful about providing safety measures to protect those nearby. Although this lawsuit is still in the early stages, it will certainly be an interesting case to track.
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Our Supreme Court is about to take up an interesting Tennessee premises liability injury case. The law is already fairly clear that a business owner has a duty to provide a safe environment to its customers. Specifically, a busniess has a duty to warn the patron of any known dangers, fix any known dangerous conditions and don’t create any dangerous conditions. I think we can all agree that those are reasonable legal duties but like any law it can sometimes be difficult to know where to draw the line.

In this case, it is alleged that a patron was drunk and causing a seen at a local Wal-mart. A Wal- Mart employee kicked the drunk patron out of the store. Unfortunately, the patron then got in his car and hurt someone while leaving the parking lot. HMMMM. So here is the dilemma. Wal-Mart says we didn’t serve this guy drinks we just wanted him to leave. We didn’t ask him to come and we don’t have a duty to hold someone until police can arrive. On the other hand we have the poor victim in the parking lot who believes that Wal-Mart did what was easiest and most convenient for them and not what was safest for the patrons. If the guy was drunk enough that they didn’t want him in the store then they should have known he was too drunk to drive. However, despite knowing this they sent him to his car and in the middle of their shoppers.

So what will the supreme court do with this case? Who knows but my bet is that they will say when Wal-Mart took the affirmative action to deal with this guy they had a duty to keep their shoppers safe. If he would have come on their property and hurt someone without them having knowledge of the danger that would clearly not be their fault. However, in this case they knew the guy was too drunk to shop so why wasn’t he too drunk to drive in their parking lot? I guarantee if the guy was shoplifting they would have called the police so why didn’t they call the police if it would have made their shoppers safer. We are all aware of people having their life’s destroyed by drunk drivers and it appears that this store may have ignored that basic knowledge and directed the guy towards his car. We all have responsibility and I think this store should help this victim instead of dragging her to the supreme court.
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Tennessee teenagers and teenagers all across the United States are involved in sports such as football each day. According to the Center for Disease Control, there are 300,000 sports-related concussions in the United States each year; most occur in contact sports, such as football, soccer, baseball, boxing and hockey. Also, in football, brain injuries account for sixty-five to eighty-five percent of fatalities. Football related concussions can lead to serious and even life-altering brain injuries or even death for teenagers all across the country. If you or someone you love has suffered a brain injury after playing a contact sport such as football, it is highly recommended that you speak with a Tennessee products liability lawyer as soon as possible. They will work with you and make sure you get the compensation you may be entitled to for the injuries you or your family members have suffered.

In this case, Rhett Ridolfi’s family filed a lawsuit against helmet maker Riddell and several high school administrators and football coaches after Ridolfi suffered a concussion in a Trinidad High School football practice. He wasn’t immediately taken to the hospital and now has severe brain damage, as well as paralysis on his left side. The jury found that Riddell was negligent in failing to warn people wearing its helmets about concussion dangers. The jury assessed twenty-seven percent of the fault for Rhett Ridolfi’s injuries, making the company responsible for paying $3.1 million of the damages.

The jury awarded $11.5 million total in the lawsuit to Ridolfi’s family. The ruling comes as the company faces a similar lawsuit in Los Angeles, plus a complaint by thousands of former NFL players against the league and Riddell. Riddell said it planned to appeal the verdict but was pleased that jurors rejected allegations regarding helmet design defects.”While disappointed in the jury’s decision not to fully exonerate Riddell, we are pleased the jury determined that Riddell’s helmet was not defective in any way,” the company said in a statement. It said it believes it designs and manufactures the most protective football headgear for athletes.

Three people reached confidential settlements before Saturday’s verdict, but two coaches were still defendants at the trial. In October, another jury found Riddell wasn’t responsible for an injury to a high school football player who had suffered a stroke after a practice.
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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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