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Personal Injury Law

Tennessee Law Blog Tennessee Law Blog

Personal injury blog by Higgins, Himmelberg & Piliponis, PLLC.

Post Frequency: 1.7/day

Last Entry: March 29, 2011 at 14:18:48

Recent Entries: 253

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Dog Attack Puts Child in Georgia Intensive Care

Posted on July 15, 2009
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...


Recall of Georgia-Based Pharmaceutical Co. Painkiller

Posted on July 15, 2009
Georgia generic drug manufacturer Brookstone Pharmaceuticals issued a drug recall today after FDA officials discovered potential overdose dangers and corresponding dangers for drug-related injury, such as liver injury, from a manufacturing error. Unlike earlier manufacturing-based drug recalls Tennessee Law Blog has reported, Brookstone Pharmaceuticals of Alpharetta, Georgia did not negligently dose its pills or provide an ineffective product...


Nursing Home Sexual Abuse National News

Posted on July 09, 2009
It?s not a been week since I posted ?Nursing Home Sexual Abuse Disturbing Trend in Tennessee, Neighboring States? on Tennessee Law Blog that national news was made again by another sexual predator lurking in a nursing home. This time, the sexual abuser was an unmonitored male nursing home resident...


Nursing Home Sexual Abuse Disturbing Trend in Tennessee, Neighboring States

Posted on July 02, 2009
Yesterday, a KY nursing home nursing assistant was indicted on accounts of video voyeurism and adult abuse for recording nude video of one of the nursing home residents under her care. The western KY nursing home where this occurred was Dawson Pointe in Dawson Springs and had previously be cited by Kentucky state officials...


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Hip Replacement Issues with the Zimmer Durom Cup

Posted on June 10, 2009
Individuals who have had total hip replacement surgery involving the use of a Duron Cup, manufactured and distributed by Zimmer Holdings, Inc. may experience problems due to the failure of the device. The Durom Cup is a metal alloy implant made from a single piece of material...


Tennesseans affected by Fentanyl Patch Recall

Posted on June 07, 2009
On December 31, 2008, a subsidiary of Johnson & Johnson recalled two lots of 50 mcg Duragesic pain patches due to potential tears in the product. If the product has a rip or tear, there is a potential for direct exposure to the powerful drug within the patch, fentanyl...


Eye Injury Victims Compensated by Contact Lens Solution Maker

Posted on June 06, 2009
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 cleaner maker Bausch and Lomb has settle over 600 personal injury lawsuits to the tune of $250 million...


Dog Bite Victim the Toddler Son of Famous Linebacker

Posted on June 02, 2009
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...


Tennessee wage and hour cases on the rise

Posted on May 31, 2009
Over the past few months our office has had an large increase in wage and hour cases throughout Tennessee. I do not know if it is a product of the current economy or people are just tired of being mistreated. Regardless, it is unfortunate but it is often the case the employers try to increase their profit by cheating the people out of their wages...


Unpaid Wages Recovered by TN Carwash Workers in $130K Wage and Hour Settlement

Posted on May 26, 2009
In a follow-up to a Tennessee Law Blog?s wage and hour reporting last July (Unpaid Wages and Unrecorded Hours Subject of Local Nashville, TN Car Wash Lawsuit), I and my fellow TN employment attorneys at the Higgins Firm are glad to announce a $130,000 settlement between Shur-Brite Hi-Speed Car Wash and 120 of its current and former Tennessee wage employees...


Two Major Workplace Lawsuits in News

Posted on May 19, 2009
Costco employees have filed a unpaid wages lawsuit in California stating the company had repeatedly violated the state?s wage and labor law. Costco faces allegations similar to those Tennessee Law Blog reported last year in the nationwide unpaid overtime lawsuits against Wal-Mart stores...


Tennessee consumers may be in danger from recalled Hydoxycut Products

Posted on May 13, 2009
Just a couple of years ago a company called MuscleTech produced dietary supplements with ephedra that was believed to have caused strokes, heart attacks and death. That company went into bankruptcy and put new dietary supplements on the market under known as Hydroxycut...


TN Supreme Court Case Affirms New Cause of Action

Posted on May 09, 2009
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...


Nondiscriminatory Pay ? After Ledbetter, the Next Steps to Stopping Sex-Based Pay Discrimination

Posted on April 28, 2009
Today marks a critical point in the year, a date that should make us as a Tennesseans and as U.S. citizens not simply ashamed but motivated to action. April 28 (known as Equal Pay Day) marks the point into the year a woman would have to work to in order to catch up with her male counterpart's pay in 2008...


Nursing Home Lawsuit Caps Fail TN House of Reps

Posted on April 23, 2009
Following up to earlier Tennessee Law Blogs' call to arms: Victory! Despite the best efforts (and money) of nursing home industry lobbyists, the measure to place limits on nursing home abuse/neglect cases died in the Tennessee House of Representatives today in subcommittee thanks to elected officials like Rep...


Tennessee Burn Victims Not Justly Compensated by Comp Act

Posted on April 19, 2009
I have represented a number of burn victims in my legal career. To no surprise these cases usually involve painful life changing injuries. Among the cases we have handled, I have had burn cases arise in products liability claims, apartment fires and Workman's compensation cases...


Kentucky and Tennessee Nursing Home Deaths Make News

Posted on April 16, 2009
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...


False Claims Act (Qui tam) Law) under Review, Congress to Expand Whistleblower Incentives in Fed Fraud Lawsuits

Posted on April 07, 2009
To ensure stimulus package moneys are properly used, the False Claims Act may see its greatest expansion since the False Claims Act Amendments of 1986. The False Claims Act, also known as Lincoln?s Law for the laws established to reduce the rampant fraudulent billing during the Civil War, was created to punish misuse of government funds and recover lost government moneys by establishing a financial incentive for whistleblowers...


Tennessee Nursing Home Bill in TN House Vote Today

Posted on March 31, 2009
Tennesseans with loved ones in a TN nursing home should be very concerned with a bill pending vote later today in the Tennessee House of Representative. The bill, called the ?ChooseCareTN Act,? threatens to put a price tag on nursing home neglect and abuse in the State of Tennessee...


Medtronic Sprint Fidelis Deaths ? 13 Admitted Fatalities from Defective Heart Device

Posted on March 24, 2009
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...


Tennessee Consumer Protection Act Under Fire

Posted on March 21, 2009
For more than 30 years the TN consumer protection act has been the law in Tennessee. This law protects consumers from fraudulent, deceitful and misleading business tactics. Now the legislature wants to gut the act and take away much of its power. Why the legislature is worried about protecting criminal business and not their citizens is beyond me...


FDA Recalls Two Defective Medical Devices Baxter Infusion Pumps and Covidien Pediatric Trach Tubes

Posted on March 16, 2009
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...


Drug-Injury Lawsuits Supported in 6-3 Supreme Court Decision

Posted on March 09, 2009
Tennessee drug injury liability lawsuits, drug injury lawyers, and those injured by prescription drug side-effects across the U.S. received surprising support with last week?s Supreme Court decision ruling against drug manufacturer Wyeth. The 6-3 decision in Wyeth v...



Tennessee Overtime Cases on the Rise

Posted on February 24, 2009
Our firm has filed several new Tennessee cases over the past few months involving employees who are not being paid overtime. It seems that some employers are cutting corners in these hard economic times. It is too bad that some are doing so illegally and at the workers expense...


Natrecor?s Qui Tam Lawsuit , Latest in Fed's Medicare Fraud Recovery Cases

Posted on February 23, 2009
Johnson & Johnson executives received bad news last week when the U.S. Justice Department (DOJ) stated it would pursue two False Claims Act (whistleblower) lawsuits regarding the heart drug Natrecor. These government fraud whistleblowers' lawsuits claim Natrecor was illegally marketed for off-label use...


Wage, Hour Lawsuits Continued ? Wal-Mart Settles Yet Another Unpaid Wage Lawsuit

Posted on February 20, 2009
Wal-Mart wage employers in South Carolina filing a class action wage and hour lawsuit will find justice for their unpaid wages--justice to the tune of a $49 million settlement. This latest wage and hour lawsuit settlement, by no means the first for Wal-Mart (check out the $352M wage and hour lawsuit settlement last year), Carter v...


Tennessee Overtime Issues

Posted on February 17, 2009
I am not sure if it is the economy or just some strange coincidence but it seems my office is fielding more calls than usual with regard to workers not receiving overtime pay. Most people know that they are to receive overtime pay if they exceed 40 hours in a work week...


Potential Dangerous Prescription Drugs under Federal Safety Investigation Listed on FDA Site

Posted on February 13, 2009
The FDA website recently published names of potentially dangerous drugs under review. Among these potentially dangerous prescription medicine side effects are bleeding caused by a diet drug, suicidal ideationfrom an antipsychotic prescription medicine, and possible birth defects from popular antidepressant drugs...


Tennessee Bouncer Assaults Bar Patron

Posted on February 12, 2009
Our firm has been retained by two men who was violently assaulted by a security guard at a Nashville club. The bar is Cadillac Ranch in downtown and the assault occurred on February 7, 2009. We are looking for witness who may have been at the club when the event occurred or who has witnessed any similar events or fights at the club...


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