Personal Injury Law

Tennessee Employees Are Often Incorrectly Classified as Independent Contractors

Posted on October 14, 2008
It seems that my office is seeing a bigger trend of employers classifying their workers as "independent contractors" in an effort to avoid providing benefits. We often see these cases when someone is hurt on the job and they are denied Workman's compensation benefits upon the grounds that they are an independent contractor...

Tennessee Sexual Harassment Suit before Supreme Court Expected to Expand Retaliation Protections for All Workers

Posted on October 10, 2008
The U.S. Supreme Court, whose 2008-09 term began last week, announced this week its sympathy for a Nashville, Tennessee employee who filed a Title VII anti-retaliation lawsuit (workplace anti-discrimination protections) when her employer fired her allegedly for testifying about her sexual harassment by her boss...

TN Department of Heath Fines Murfreesboro Nursing Home, 90% of Nursing Homes Nationwide Cited for Violations

Posted on October 03, 2008
A Tennessee nursing home investigation uncovered violations in administration and nursing services for Boulevard Terrace Rehabilitation and Nursing Center, a 100-bed nursing home in Murfreesboro, Tennessee. The Tennessee Department of Health has suspended all new admissions and imposed a $1,500 penalty and recommended a federal penalty of $4,000 a day until the major violations are corrected...

Medtronic Issues Another Class I FDA Recall

Posted on September 29, 2008
A little over a week has passed since the medical device manufacturer Medtronic issued its Class 1 Recall for its automated external defibrillators (AEDs), this AED recall following a number of dangerous Medtronic medical device recalls Tennessee Law Blog has reported...

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5 Years Since Tennessee Nursing Home Fire

Posted on September 27, 2008
It has been five years since 16 people died in a nursing home fire at the NHC home in Nashville. The fire brought to the forefront the need for facilities to have mandatory fire evacuation plans and better systems to get residents to a safe place in case of a fire...

Medtronic Recalls Another Dangerous Medical Device from Market, LIFEPAK CR Plus Automated External Defibrillators

Posted on September 18, 2008
FDA has issued a Class I recall for LIFEPAK CR Plus automated external defibrillators (AEDs) produced by Medtronic?s subsidiary Physio-Control, Inc. This urgent medical device recall was issued for 249 LIFEPAK CR Plus units manufactured between 4/2004 and 8/2007 and distributed until the end of 2007...

Nashville Security Guard Charged with Murder

Posted on September 12, 2008
A Nashville, Tennessee grand jury has issued a second-degree murder indictment against security guard Jeremy Holmes in the death of Adam Villegas. This unfortunate case began when Holmes got into an argument outside the Marathon Sports Bar in Nipper's Corner...

Spinal Injuries from Off-Label Use of Medtronic's Infuse Bone Graft Drowned by Medtronic's Recent Defibrillator Coverage

Posted on September 10, 2008
Medtronic, the medical device giant best known for its heart and diabetes technologies, has recently released a flurry of press releases regarding the FDA?s approval of its software to detect cracks in potential defective Medtronic defibrillator leads...

Teen Suspects in Nursing Home Sexual Abuse Case

Posted on September 02, 2008
Last Friday, Minnesota shocked the world of nursing home abuse with a report of 15 residents who had been sexually and emotionally abused in heinous and humiliating ways by four nursing assistants. While abusive nursing home staff working in collusion is not unknown in nursing home abuse cases, what was most shocking was who these four abusers were: teenage girls...

Doctors Rarely Report Suspected Nursing Home Abuse

Posted on August 26, 2008
Apparently, ?Do no harm,? means keeping a tight lip on suspected nursing home abuse if you?re among the thousands of U.S. doctors who every year fail to report the abuse found to affect an estimated 2.1 million older Americans. This according to the Providence Journal, Rhode Island's most prestigious newspaper in article reviewing the recent failures in the medical community on reporting elder and nursing home abuse...

Concerns about Tennessee security guard companies

Posted on August 24, 2008
Many of Nashville's elderly and disabled citizens have much to fear due to rising crime rates at the apartment complexes where they live. There are seven high-rise public housing towers who's incidents of criminal activity have increased substantially in recent days...

Tennessee Firefighter Awarded $1.5 Million Compensation after Amputation to Madison County Doctor's Malpractice

Posted on August 19, 2008
The Jackson Sun reported this weekend on the conclusion of a Tennessee medical malpractice trial that awarded a former Henderson County volunteer firefighter $1.5 million in compensation for a Tennessee doctor's post-operation negligence that lead to the amputation of his left leg...

Los Abogados del Pueblo

Posted on August 17, 2008
Muchos hispanos vienen a los estados unidos a trabajar y a buscar una mejor vida y a aprovecharse de las oportunidades que se encuentran aqui. Muchos de ellos de dedican a la construccion o a trabajar en una fabrica. De vez en cuando, se pasara un accidente en el trajabo que deja al trabajador en un estado de incapacidad...

FDA Recall of Boston Scientific's Artery Stents

Posted on August 15, 2008
FDA officials and manufacturer Boston Scientific are recalling three types of Boston Scientific's carotid artery stents and delivery systems NexStent Monorail, NexStent Carotid Stent, and Monorail Delivery System for unnecessary and potentially lethal dangers posed to heart surgery patients...

Pill Manufacturing Oversight Recalls Actavis Generic Drugs

Posted on August 13, 2008
Sixty-five different potentially dangerous generic drugs manufactured by Actavis Totowa, LLC, one of the world?s largest generic drug manufacturers, were recalled from market last week. Regulators found that the company?s Little Falls, NJ plant didn't meet safe manufacturing standards for pills...

FDA Review of Recalled Heparin Deaths Conservative, Insults Victims of the Baxter-Chinese Blood Thinner

Posted on July 31, 2008
I?ve been covering the tainted, dangerous Baxter-Chinese heparin recall, in our Tennessee Law Blog since the story broke in February. While dangerous heparin remains, its circulation is finally diminishing. From 1 January to 31 March, 93 heparin-related deaths were reported to the FDA, and yesterday FDA officials stated that they?ve completed their review...

Nursing Home Sexual Abuse Sparks Drive for New Laws

Posted on July 25, 2008
Earlier this month, Tennessee Law Blog reported on a nursing home sexual abuse case just across the Tennessee border in Hopkinsville, KY. There, a male attendant confessed to sexually abusing two nursing home residents, one who was mentally incoherent and the other physically handicapped; this was suspect not to be the only instances of sexual assault...

Over Half A Million Commercial Drivers Keep On Trucking with Commercial Licenses Despite Full Disability

Posted on July 23, 2008
Tennessee big rig truckers know that every two years commercial drivers need a physical to renew their commercial driver?s license or ?CDL?. This CDL examination ensures the driver is in good health--or at least in good enough health to drive a big rig or a school bus...

Evidence Destroyed in Tennessee Railroad Accident

Posted on July 21, 2008
Recent events make it imperative that people who are injured in train wrecks need to act extremely fast to preserve video evidence. Routinely, railroad companies keep surveillance footage of their tracks and trains as they run routes. This surveillance footage can be invaluable to a person attempting to establish what happened in any particular train collision with a vehicle or pedestrian...

Nursing Home Abuse Lawsuits Reveal Corporate Fraud

Posted on July 16, 2008
In various nursing home abuse articles for Tennessee Law Blog and my various appearances on Tennessee Mornings, I have attempted, as a successful nursing home abuse lawyer, to communicate how nursing home lawsuits and fear of lawsuits help deter future cases of abuse and neglect in Tennessee nursing homes...

High Court Upholds Crime Victims' Right to Sue for Damages Caused by Inadequate Premise Security

Posted on June 04, 2008
Just west of Tennessee, down Texas way, an Oklahoma hospital will have to answer for its lack of adequate security on its premises after four years of appealing a crime victim's lawsuit. Last week, the Oklahoma Supreme Court decided 5-4 that St. John Medical Center in Tulsa would have to defend itself in a lawsuit filed by one of its nurses...

Dangerous Contact Lens Solution Recall ? Tennessee Lawyers and Lawsuits

Posted on May 30, 2008
It is estimate that hundreds of contact lens wearers and dozens of Tennesseans injured by ReNu with MoistureLoc and Complete MoisturePlus contact lens solutions remain unaware of the recall of these 1-step lens cleaning solutions and the serious injuries these solutions caused...

Tennessee man shot by security guard

Posted on May 20, 2008
Recently, Adam Villegas, as killed while trying to leave Marathon Sports Bar in Nashville, Tennessee. According to police, a security guard employed by SecurityWise, shot Villegas through the open driver's side window of his Saturn Ion after the men argued in the parking lot...

FDA Proposes New Dangers: Removing the Right to Sue

Posted on May 19, 2008
FDA officials ate crow last week as actor Dennis Quaid spoke before the House Oversight panel. Quaid, whose newborn twins nearly died after being given unsafe heparin, spoke passionately against FDA officials' claims that FDA-approval was the ultimate, end-all proof that a drug?s safe...

ReNu Contact Lens Solution Lawsuits

Posted on May 15, 2008
Expensive, uncomfortable, and potentially debilitating. That?s the cure. The cause is the blinding infection Fusarium keratitis and the culprit is ReNu with MoistureLoc, a contact lens causing eye injury in Tennessee and the other 49 states. FDA and ReNu recalled all ReNu with MoistureLoc products over a year ago, but cases of eye injury continue to arise and Tennesseans in Nashville and throughout Tennessee continue to seek legal aid and representation to recover moneys for corneal transplant surgery (also known as corneal grafting or penetrating keratoplasty)...

Chinese Heparin Recall Continues

Posted on May 15, 2008
Follow-up to Tennessee Law Blog?s 02-05-08 Heparin Recall Article. Concerned that not all health care providers have recalled their medical products containing unsafe Chinese heparin, FDA officials again notify health care professionals about the FDA heparin recall...

FDA Recall: Digitek Medication Puts Nashville, TN Heart Medicine Patients at Risk

Posted on May 08, 2008
FDA officials announced a nationwide recall of the heart drug Digitek (digoxin), last week. Nashville patients with heart problems were made safer by the recall of these generic heart drug tablets used to treat abnormal heart rhythms and heart failure...

New Tennessee Medical Malpractice Law Passed

Posted on May 01, 2008
For years the medical and insurance lobby in Tennessee has been trying to place financial caps on medical malpractice cases. In attempting to sell this legislation the lobbyist argued that it would stop "frivolous" lawsuits. Our legislature, however, realised that a cap would do nothing to prevent frivolous cases...

Tennessee Nursing Home in Trouble

Posted on April 18, 2008
Nursing homes in Tennessee are regulated by the Tennessee Department of Health (TDOH). TDOH takes an active role in investigating complaints made by nursing homes residents and the friends and families of residents. TDOH also performs annual surveys on nursing home facilities to ensure that proper care is being given to residents and to attempt to reduce the risk that residents will suffer from neglect or abusive behavior from staff members at the facility or from other residents within the facility...

Some laid off Tennessee Workers can reopen work comp cases

Posted on April 17, 2008
Aluminum manufacturer Aleris International Inc. announced that it will close its alloy facility in Shelbyville, Tenn. Unfortunately, this is just another plant closing in Tennessee. It is important to note that some of the workers who lost their jobs and have a previous workman's compensation claim may be able to re-open their case...

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