Tennessee Injury Lawyer Blog
If your loved one is being cared for in a nursing home facility, you’ll want to pay close attention to recent changes made by The Trump Administration. The implementation of fines against nursing home facilities that have been accused of neglect or wrongdoing, should be scaled back, according to The Trump Administration. This announcement comes as part of a broad relaxation of various regulations. Such a change in the penalty protocols made by Medicare was requested by the nursing home industry and their main trade group The American Health Care Association. The group has made several complaints since 2013 alleging that federal inspectors, under President Barack Obama, focused more on “catching the wrongdoing” rather than encouraging these facilities to make improvements. Continue Reading
Tennessee Lawyer Fighting Back For Stryker Hip Implant Recall Victims
A Tennessee man, with the help of a medical malpractice lawyer, filed a complaint on August 17, 2017 against the medical conglomerate Howmedica Osteonics (d.b.a. Stryker Orthopedics) and Stryker Corporation – one of the world’s foremost medical technology companies. The man claimed he experienced severe injuries after being fitted by a Stryker LFIT femoral head hip implant. His lawyer is currently building the defense and the case is pending in the United States District Court.
The claim details the how the main was implanted with the popular Stryker Accolade TMZF hip stem as well as the LFIT anatomic CoCr V40 femoral head back in March of 2014. The surgery was performed at the well known Centennial Medical Center in Nashville, Tennessee. Continue Reading
$20 Sexual Harassment Settlement for Fox’s Gretchen Carlson
By now, many are familiar with Gretchen Carlson’s sexual harassment lawsuit against Fox News. This popular Cable News Network has reshaped how news has been delivered over the past twenty years. Carlson was a fixture at Fox, yet during her time there, she was repeatedly harassed by both colleges and her boss – Roger Ailes. Her claim included Ailes making comments about how they should have had a sexual relationship and how he would ask her to turn around and show him her backside. These completely inappropriate remarks, she said, where a characterization of the entire culture at Fox – one where women were expected to have sex with their bosses or to at least tolerate their advances and comments. After the suit was filed, many other women from the network came out in support of Carlson, sharing their own stories of sexual harassment. Instead of going to trial, Fox’s parent company decided to settle the case for $20 million.
Defining Sexual Harassment
Whether you are a famous reporter or an everyday employee, the law protects everyone form sexually harassment. If it is happening to you, you have legal options. You do not have to stand for this behavior or tolerate it in any way. Instead, you should call our law firm to discuss your rights and your legal options. In the meantime, here is information that can help you to determine whether or not you are being legally harassed.
One of the Nation’s Largest Senior Living Home Chains Faces Legal Action
Twenty elderly men and women went without their daily medication in a senior living home in Palm Springs, CA because there was not medical technician on duty. In Paso Robles, a senior women fell in her bedroom and waited 22 hours for help even after she pushed the emergency button. These devastating incidents are only some of those reported against one of the nation’s biggest assisted living provide: Brookdale Senior Living.
A class action lawsuit was recently filed in a Northern California federal district court. The claim details these incidents and several other which allegedly took place in Brookdale owned facilities. The lawsuit says that inadequate staffing, improper training, and rising fees are a contributing factor and part of a “callous and profit driven approach”. Multiple residents, from several locations, claim they are not assisted for hours after a fall, are given the wrong medications, and left in their waste .
The California Assisted Living Association, an industry group, has declined to comment on the matter, and so have the relatives of those involved. The spokeswoman for Brookdale Senior Living, based in Tennessee, says the lawsuit has no merit and the company is prepared to “vigorously” defend itself.
A Terrible Health Bill is Pending in Congress Now
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.”
Taxotere Hair Loss Side-Effect Hurting Thousands of Women
Breast cancer is one of the most common cancers amongst women, and according to the American Cancer Society as many as one in eight women will develop breast cancer over the course of their life. The American Cancer Society estimates that in 2017 there will be 252,710 new cases of invasive breast cancer. Fortunately, modern medicine and advanced surgical techniques help hundreds of thousands of these women beat breast cancer.
A widely used medication in the fight against breast cancer is the powerful chemotherapy drug Taxotere. While this medication has been shown to be effective in treating breast cancer, it also comes with the risk of total and permanent hair loss. However, despite the effectiveness of this medication, it has been associated with total and permanent hair loss, which for many women is a constant and unwelcome reminder of their struggle.
Many women who lost their hair after taking Taxotere were not warned of this potential side effect. If you have suffered hair loss due to Taxotere usage, contact a distinguished personal injury attorney about your case. Speaking with an attorney can have a positive effect in the Taxotere hair loss side-effect hurting thousands of women.
Supreme Court Denies GM: Lawsuits For Deadly Ignition Switch Can Pursue
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
Physiomesh Hernia Mesh Lawsuits Exceed 80 Pending Cases in Multidistrict Litigation
Since 2016 lawsuits involving hernia mesh developed by Ethicon, Inc. continue to mount. Sold under Physiomesh, the products have raised concern over their safety and ability to reduce the symptoms of a hernia. Multidistrict litigation, on the Federal level, is now underway at the U.S. District.
On July 17th, the U.S. Judicial Panel on Multidistrict Litigation (JPML) released an update on the number of suits. At that time there were at least 84 pending Physiomesh lawsuits with more expected to come. Eighteen of these were filed within the previous month when 66 suits were reported.
The Physiomesh lawsuit alleges that the hernia patches are flawed in their design and result in irritation, adhesions, extreme pain , perforations, infections, mesh erosions, , and other health complications. The JPML have effectively transferred the federally filed suits against Physiomesh to the Northern District of Georgia. Here they will undergo pretrial proceedings that will include a full discovery. The litigation is scheduled to convene on August 1st at an Initial Conference meeting. All disclosure and discover proceedings are at halt pending the outcome of the Initial Conference.
What Makes a Great Nursing Home and How to Find It
Eventually, many of us will spend time living in a nursing home. This does not need to be a negative or stressful transition. Instead, it can be a rewarding and fulfilling experience that also increases a persons’ safety, improves their health and overall wellbeing. The key is finding a great nursing home to live in since the facility and staff make all the difference in a persons’ quality of life.
What Makes a Great Nursing Home
There are several key factors that make one nursing home better than another. They include –
Johnson & Johnson Ordered to Pay Millions in Damages from Talc-Powder Trial… AGAIN.
A jury in St. Louis just delivered the largest verdict against Johnson & Johnson in the talcum powder trials. There have been around 2,400 lawsuits filed against the company by people claiming that using their talc-powder caused ovarian cancer and other illnesses.
In this recent case, a Virginia woman, Ms. Slemp, sued after developing ovarian cancer. She was using the Johnson & Johnson Baby Powder for feminine hygiene and had for several decades prior to being diagnosed. The St. Louis jury awarded her $110 million. This is the largest verdict to be rendered against J&J for their talc-powder thus far. Four prior trials resulted in verdicts of $197 million in total.
Ms. Slemp was diagnosed with ovarian cancer in 2012 and has undergone chemotherapy. Since then, the cancer has also spread to her liver.
