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Personal Injury Law

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

Defective Saw Injuries Client

Posted on February 09, 2009
We represent a client who was injured as a result of what we believe was a defective miter saw. Specifically, our client was using a miter saw when a bolt failed and the blade came free cutting into our client's leg. This appears to be a classic products liability case...

Harrassment Retaliation Lawsuit from Nashville Local in Sexual Harassment Case Will Get Its Day in Court

Posted on February 03, 2009
Discriminated workers and workplace discrimination lawyers in Tennessee and across the U.S. received a boost last week when the Lilly Ledbetter Fair Pay Act became law, allowing discriminated employees facing unequal wages to sue for disparate pay. (Read more in last week?s Tennessee Law Blog?s Pay Discrimination Law Passes Senate)...

When a Tennessee tenant can get their security deposit back

Posted on February 03, 2009
We are currently representing people in Tennessee that have had their apartment security deposits retained by their landlord. We believe some apartments have been keeping security deposits as a matter of routine and fraudulently accusing tenants of damaging the apartments...

Pay Discrimination Bill Passes U.S. Senate

Posted on January 26, 2009
Workplace discrimination lawyers in Tennessee and across the U.S. were expectantly watching coverage or checking our Blackberries for live reports last week as Senate voted 61-36 for the Lilly Ledbetter Fair Pay Act of 2009. This important piece of legislation plugs a two-year hole in workplace pay discrimination law and Tennessee employees' rights put there by a 2007 Supreme Court decision...

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Nursing Homes Attempt to Change Tennessee Law - Put Price Limit on TN Nursing Home Injury, Neglect & Abuse

Posted on January 21, 2009
Nashville Business Journal reports Tennessee nursing home officials are pressuring Tennessee Legislature to limit damages awarded to plaintiffs in courts. Tennessee remains 1 of 16 states without caps on damages on how much abused TN nursing home residents, or their survivors, may recover, leaving such decisions to Tennessee juries and Tennessee judges to determine...

TN Circuit City employees may be able to reopen work comp claims

Posted on January 19, 2009
With the unfortunate news of more layoffs from another large company, Circuit City, it is important for all Tennessee employees to be informed of potential help they may have in these hard times. One benefit many employees are unaware of is the ability to reopen an old workers compensation claim if you are laid off...

Zyprexa (Eli Lilly) Discussing $1.42 Billion Drug Settlement

Posted on January 15, 2009
Atypical antipsychotic drug Zyprexa, after an 18-month drug injury investigation into manufacturer Eli Lilly's unsafe off-label marketing to vulnerable elderly and young patients, is expected pay a $1.42 billion settlement, $362M of which will go to 32 states, including Tennessee, and the District of Columbia...

Tennessee Supreme Court addresses work comp issues

Posted on January 07, 2009
The Tennessee Supreme court recently attempted to clarify an issue we often see in workers compensation cases. This issue arises when someone has a pre-existing problem, such as arthritis, and a work accident causes the condition to become worse. The issue becomes is the now work related pre-existing injury that is not covered under the TN comp act or is it compensable...

Two Big FDA Drug and Device Recalls Extend into New Year

Posted on January 05, 2009
FDA drug and medical device officials are continuing their efforts into 2009 with FDA recalls of two dangerous products: the pain patch Duragesic (fentanyl) and a Class I Recall of the ophthalmic medical device Healon D. In both cases, the FDA recall was limited to specific lots of affected, and dangerous, medical products...

Numerous Wal-Mart Wage-and-Hour Lawsuits Settled

Posted on December 26, 2008
Wal-Mart, in an exciting follow-up to Tennessee Law Blog?s Wal-Mart wage and hour lawsuit story posted earlier this month, said Tuesday that it will settle its numerous unpaid wage lawsuits in Tennessee and across the nation. These unpaid Wal-Mart wage and hour lawsuits? damages amount to at least $352 million and are largely the result of Wal-Mart managers forcing Wal-Mart employees to work off-the-clock...

New National Nursing Home Rating System Confirms Poor State of Tennessee's Nursing Home Care

Posted on December 26, 2008
In the first government effort on a federal level to rate our nation's nursing homes, the Centers for Medicare & Medicaid Services released its evaluation of 16,000 U.S. nursing homes. That same day The Tennessean was quick to jump on what experienced Tennessee nursing home lawyers have known for years: Tennessee nursing homes are some of the worst in the nation...

Tennessee Lawyer John Higgins discusses speeding tickets

Posted on December 23, 2008
Lawyer John Higgins discusses your legal options in relation to speeding tickets in Tennessee. If you have questions regarding a speeding ticket contact John Higgins at TNJUSTICE.COM

Tennessee Nursing Homes Rated Under New System

Posted on December 22, 2008
The federal government has implemented a new nursing home rating system. Ratings on Tennessee Nursing homes has now been released. In the next few days I will submit a blog explaining the new system and how Nursing Homes have been rated in Nashville and throughout the state...

LENDERS WHO MADE BAD LOANS ARE BEING SUED BY THEIR INVESTORS

Posted on December 18, 2008
Subprime loan fraud litigation continues to find new classes of plaintiffs. In the latest class actions, lenders are being sued by their investors. People who bought stock in Countrywide Home Loans and New Century Mortgage have brought class action lawsuits against the lenders for their reckless lending activities, according to an article by Alison Frankel of The American Lawyer...

Alleged Sexual Assault at Tennessee Nursing Home

Posted on December 15, 2008
Tennessee Bureau of Investigation is investigating reports of possible nursing home abuse at a Tullahoma, TN care facility where a condom was allegedly found in a 88-year-old resident?s bed. The female nursing home resident is presently being treated at a local Tennessee hospital for numerous infections...

Wal-Mart May Get Off Easy with a $54.3M Wage and Hour Settlement for Overtime and Break Violations

Posted on December 10, 2008
In an ongoing class action wage and hour lawsuit, Wal-Mart Stores Inc. may be given a break, despite breaking employment law by having its employees work overtime and skip breaks without pay. Filed in Minnesota court in 2002, the lawsuit alleges break and wage violations and represents about 100,000 current and former hourly Wal-Mart employees who claim they were forced to work without pay before and after their shifts so Wal-Mart managers could meet profit and productivity goals...

Tennessee Workers May re-open their work comp claim

Posted on December 06, 2008
This week alone more than 1000 workers in Tennessee have lost their job. Many of my prior workers compensation clients have called to see if there is anything that can be done other than unemployment benefits Sometimes we can give these folks some more financial help...

A Difficult Tennessee Workman's Compensation Case

Posted on December 06, 2008
This week I tried a fairly unique worker's compensation case in Nashville. My client is a strong hard working lady who has been employed in a hospital all of her working life. After years of working in the hospital my client developed a severe latex allergy...

Dietary Supplement Recall ? Undeclared Substances in Recalled Appetite Suppressants

Posted on December 04, 2008
In my years of writing Tennessee Law Blog and warning Tennesseans of dangerous products, I have avoided publicizing dietary supplement recalls, partly because dietary supplement recalls are so common, partly because I prefer to use this pace to warn readers of the far more dangerous and larger betrayal of trust found in Tennessee pharmaceutical drug injuries and recalls...

Knoxville Nursing Home put on Special Focus List

Posted on December 01, 2008
Hillcrest West nursing home in Knoxville, Tennessee has been flagged by the Federal government as a chronically poor performer which recently placed the facility on its Special Focus Facility list. According to a recent article by Scott Barker in the Knoxville News Sentinel, of the 319 nursing homes in Tennessee, Hillcrest West is one of only three that received this designation by the U...

Etowah, TN Nursing Home Abuse Halts Admissions

Posted on November 28, 2008
Etowah Health Care Center, a 120-bed nursing home in Etwoah, TN, has been ordered by Tennessee Department of Health to cease admissions after alleged physical nursing home abuse by one female nursing home staff member. Fines against the nursing home for violating residents? rights have been levied and local investigations into the criminal abuse concluded...

Whistleblowers Help Federal Government Recover $694.5 Million from Drug and Device Manufacturers? Fraud in 2008

Posted on November 17, 2008
The 2008 fiscal year concluded with $694.5 million settlements from medical device manufacturers and drug pharmaceutical companies accused of misusing government moneys. Of this $694.5 million, $644.5 million came from False Claims lawsuits. These qui tam-driven lawsuits are designed as an incentive for whistleblowers to report their employers' abuse of federal moneys, whether through fraudulent billing, outright theft, or other misuse of federal funds by corporations...

Tainted Heparin Seized & Covidien Insulin Syringes Recalled

Posted on November 10, 2008
FDA officials were busy in the final days of last week as U.S. Marshals under FDA orders seized tainted heparin from Celus Labs in Cincinnati on Thursday. Meanwhile, after three months on market, FDA officials stepped in to help healthcare device manufacturer Covidien recall dangerously mislabeled insulin, a potentially lethal packaging error that has already led to at least one injury...

Laid off Tennessee Workers may be able to open old comp cases

Posted on November 09, 2008
As a result of our struggling economy many Tennessee Workers have been laid off from work. In fact, over the past couple of months Whirlpool, GM, and Summit have announced layoffs and closings leaving hundreds of Tennesseans without employment. One benefit that many of these workers may have that they are unaware of is they can often reopen old workmans compensation cases to obtain more money for their injuries...

Chattanooga Nursing Home Wrongful Death Lawsuit

Posted on November 04, 2008
Thirty-three year old cerebral palsy sufferer, Robert A. Young, died while under the care of a Chattanooga health facility, though if you'd asked his family members for the month after his death, they'd say he was doing fine. That's because that's what the Chattanooga facility's staff told with each call, though they knew of Young's death...

Helping your Personal Injury Lawyer

Posted on October 31, 2008
Everyone knows the lawyer's role in a personal injury or wrongful death case. The lawyer However, it is important to remember that the client can play an important role in maximizing the success of the case. When I meet with my client I will explain to them how they can make me a better attorney on their case...

Five Deaths Force Thoratec HeartMate II Heart Pump Recall

Posted on October 27, 2008
Following 5 deaths and 27 confirmed instances in which defective electrical wires in their heart pump implant lead to serious injury and death, Thoratec Corp is requesting all patients with the HeartMate II mechanical heart pump have their implants checked...

Tennessee Highway Patrol Faces Sexual Harassment Lawsuit for Retailiation and Sex Discrimination of Employee

Posted on October 21, 2008
Nashville circuit court received Friday a sexual harassment lawsuit against Tennessee Highway Patrol from Martha Sanders, a woman who conducts sexual harassment training for THP, and her attorney. This harassment lawsuit follows an investigation earlier this year into charges of sexual harassment against the Tennessee agency...

Tennessee Truck Accidents- matters to consider

Posted on October 20, 2008
It seems to me that too often lawyers and the public think of truck accident cases just like in other car wreck case. Unfortunately, this failure to consider a truck accident case as unique often a tragic mistake. In doing so, the trucking company may escape responsibility for putting an unsafe vehicle on the road, pushing a driver to the point of exhaustion and/or putting profits over public safety...

Memphis Tennessee Whistleblower?s False Claims (Qui Tam) Lawsuit Cites Medtronic?s Promotion of Off-Label Usage

Posted on October 16, 2008
Medtronic, the major medical device maker who has appeared numerous times this year in Tennessee Law Blog?s defective drugs and medical device blogs, now finds itself in a whistleblower (False Claims) lawsuit filed by a former Tennessee employee Ami Kelley, a Nashville, TN Medtronic attorney...

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