Tennessee Injury Lawyer Blog

Tennessee Wellbutrin Side Effect Cases

Fri, 18 May 2012 16:28:15 -0500

Our office is currently reviewing Tennessee Wellbutrin Cases. Specifically, we are looking at cases where a expecting mother's took Wellbutrin for depression during their pregnancy. It appears that Wellburtin may cause a specific heart defect called a Left Outflow Heart Defect. One of the primary causes of this heart defect is Wellbutrin use during pregnancy. Unfortunately, Wellbutrin can interfere with the growth of the fetus in such a way which could lead to this serious health issue.

Recently, Tennessee Defective Drug Lawyer, Rick Piliponis was interviewed regrading these cases. You can watch the interview below:

Nursing Home Resident’s Family received $3.2 Million in Negligence Lawsuit

Thu, 03 May 2012 09:54:00 -0500

In a recent case, Henry Frazier who had advanced Parkinson’s disease started staying at the nursing home in September of 2010 when he was eighty-eight years old. Henry Frazier got a pressure sore on his bottom and they family stated that they were not told how severe the pressure sore actually was. His family visited Frazier often including his children. When the pressure sore developed an infection, a nursing aide at the facility finally informed his son that he needed to look at the severity of the sore.

The family then asked that Frazier be taken to the hospital and when he got there, he was diagnosed with being septic, dehydrated and malnourished. His pressure sore was also categorized as a Stage IV wound. The family decided to file a lawsuit against the nursing home because, they “just didn’t want this to happen to other people,” the lawsuit stated.
A jury awarded Frazier’s family $3.2 million because they found the nursing home negligent of Frazier’s care.

In Tennessee and all over the United States, people place their trust in nursing homes to care for and protect their loved ones. Unfortunately, many times nursing home facilities have under trained or overworked staff and this can result in the improper care and negligent of many of the residents. If you feel like someone you care about has been improper treated or neglected while in a nursing them, then you should speak with a Tennessee nursing home abuse and neglect lawyer as soon as possible.

Tennessee Cases agains Wellbutrin for Heart Defect

Wed, 02 May 2012 12:28:19 -0500

Recently, Tennessee injury lawyer Rick Piliponis was interviewed about the potential problems with Wellbutrin or bupropioin. Wellbutrin is a prescription drug medication that is used to treat depression. It appears that when this drug is taken during pregnancy it can increase the likelihood of several congenital defects. Specifically, it is believed that the drug can cause malformation of the child's heart. The specific heart defect is known as hypoplastic left heart syndrome.

If you would like to learn more about these case you can watch Rick's interview below:

If you know someone that has a child suffering from hypoplastic left heart syndrome that may be a result of Wellbutrin, please contact our office. We will have the case reviewed by a Tennessee defective drug attorney as soon as possible.

Student Paralyzed by Bullying Receives $4.2 Million Settlement from School

Fri, 20 Apr 2012 10:38:01 -0500

In Tennessee and all across the country, it seems like bullying in schools has become a bigger problem than ever. Many students have unfortunately had to face constant bullying and some of these incidents have even led to severe injuries or even suicide for the student that was bullied. If you or someone you love has been bullied at school or anywhere else and then suffered severe or life changing injuries as a result, you should talk to a Tennessee personal injury lawyer right away. These cases can be very difficult and it is important to gather evidence early.

According to this case, on May 16th of 2006, Sawyer Rosenstein was punched by a bully so hard that he fell to his knees. Then two days later, he screamed out in pain at home and has not walked since. Rosenstein was paralyzed from the waist down as the result of a clot that had been formed after the punch to his stomach resulted in a blow to a major artery. He also suffered scoliosis and other problems due to being paralyzed and had to have nineteen surgeries including a complete spinal fusion. These surgeries were nearly fatal for him.
In 2009, the Rosenstein family filed a lawsuit against the school board, administrators, and the boy who punched Sawyer. The family’s claims in the lawsuit include that school officials knew or should have known about that the boy who attacked Sawyer had a history of violent behavior based on information about him punching others in the past. The family settled with the student two years ago. Six years after the attack, the school board has agreed to a $4.2 million settlement for the Rosenstein family.

$10 Million Verdict for Family of Apartment Murder Victim

Fri, 20 Apr 2012 10:35:49 -0500

In Tennessee and all over the United States, we hear reports about people being abused and killed in their homes, at schools, in parks, and many other places. People should be able to feel safe and secure inside their homes, but sometimes this is unfortunately not the case. If someone you care about has been the victim of a crime in their home or anywhere else, you should talk to a Tennessee personal injury lawyer as soon as possible. They will hear your case and work with you to make sure you get the justice and compensation you need for what you have suffered.

In this case, Melissa Donner, twenty-one, who lived in a studio apartment and worked in two restaurants was raped, beaten, and killed by Roberto Ramirez, a man who lived in another apartment in the same complex, on January 24th of 2005. After committing the crime, Ramirez came back to his apartment covered in blood and told his friends that he had done something really bad. He then fled to Mexico, according to police. He was caught in 2006 and returned to the city after police gained permission from the Donner family who wanted to pursue the death penalty against Ramirez.

Ramirez plead guilty later and is currently serving a fifty year sentence. According to the lawsuit against the management company of the apartment complex, Ramirez had previously assaulted another female two months before Donner got killed and if management had followed their policies for screening their tenants, Ramirez would not have even been in the building.

The jury for this case reached a $10 million verdict for the Donner family.

Tennessee Stand Your Ground Law

Tue, 10 Apr 2012 10:35:45 -0500

Recently Jim Higgins was interviewed about the Tennessee Stand Your Ground Law. It is very similar to the Florida Law. If you want to learn more fell free to watch the interview below:

Tennessee Assisted Living Facility Failed to Report Cane Beating to Police

Wed, 04 Apr 2012 09:19:01 -0500

In Tennessee and all across the country, people place their elderly loved ones in nursing homes and assisted living facilities when they can no longer care for them. People expect that their loved ones will be well cared for and protected from any harm. Unfortunately, this is not always the case. Many nursing homes and other living facilities for the elderly are understaffed and improperly trained. This can result in the abuse or neglect of loved ones. If you feel that your loved one may have been the victim of nursing home abuse or neglect, it is important that you talk to a Tennessee nursing home abuse and personal injury lawyer right away. They can work with you to make sure you get the compensation you deserve.

According to this case, Donald Reeder, eighty-three was beaten on December 24, 2011 by his eighty-nine year old roommate who also suffered from Alzheimer’s disease and dementia like Reeder. Reeder died on January 10, 2011 and it was determined that it was caused by the after effects of the beating. Reeder roommate Orville Hayes was never charged and later died on February 12, 2011. Police found out about the beating when the ambulance driver for Reeder called them on the way to the hospital.

According to the police reports, it was later discovered that the assisted living facility failed to inform the police of the beating and also failed to investigate the incident. It was also discovered that the facility’s employees cleaned up the crime scene and removed the murder weapon before the police got there. The cane which had been broken in two and covered with blood was found near Hayes’ bed, according to police. The staff member that found Reeder told an investigator that when she asked Reeder about what had occurred, he said that Hayes was trying to kill him. According to the state report, Hayes said Reeder had beaten himself.

The facility has been cited with several violations including failing to report the incident to Adult Protective Services and also failing to provide proper care and staff to the facility’s twenty-two current residents. Other violations include permitting improperly trained staff to dispense prescription medications and failing to prevent patients from suffering from several falls which meant emergency hospitalization for some of them.

Heart Birth Defects Related to Wellbutrin Drug

Wed, 28 Mar 2012 16:14:15 -0500

In Tennessee and all over the United States, people have heard about several medications that may have severe or dangerous side effects. The drug Wellbutrin has been added to this list of medications because it has been connected to heart birth defects. If you or someone you love has taken Wellbutrin while pregnant and your child may have or has a heart birth defect as a result, then you should speak to a Tennessee Wellbutrin and personal injury lawyer as soon as possible. They will work with you and make sure you get the compensation you need for what you have been through.

According to research studies and findings, there were more than 12,700 babies born in the U.S. between 1997 to 2004. Mothers who took Wellbutrin or Bupropion in the early part of their pregnancy were at a higher risk of having babies with heart defects during this time period, than babies whose mothers did not take the medication. This defect affects blood flow from the heart’s left chamber to the rest of the body. According to the study, the most common type of this defect was a narrowing of the body’s main artery and this defect needs to be corrected with surgery.

As shown by data from 6,853 infants born with a major heart defect and 5,869 infants with no defect, those born with a heart defect had a 0.5 percent report of their mother having taken Wellbutrin before pregnancy or early in their pregnancy. Ten of those cases were left outflow tract heart defects. Guidelines from 2009 from the American Psychiatric Association and American College of Obstetricians and Gynecologists point out that psychotherapy may be a better form of treatment for depression in pregnant women with mild depression. However, pregnant women with more severe depression may need to continue medication.

Recent reports may show that antidepressant medicines may disrupt breast cancer treatments which can cause patients to get the cancer again and die from it. Also, in October, it was found that women taking some antidepressants during their pregnancy may be at a greater risk of having premature birth and having more babies in the intensive care unit.

Jury Reached $5.2 Million Verdict against Driver and Trucking Broker

Fri, 23 Mar 2012 11:19:52 -0500

In Tennessee and all across the United States, people can get injured by drivers when they are under the influence of drugs or alcohol. When the company that hired those drivers do not insurance and authority to be operating that business then if a person gets injured, the company is likely to be just as responsible for the injury as the driver. According to this case, in 2008, transportation driver, Daniel Clarey, hired by transportation broker Heyl Logistics was driving under the influence of crystal methamphetamine and falling asleep when he plowed into truck driver, Kelly Linhart. Linhart was standing near the highway’s shoulder inspecting his vehicle’s brakes when he was hit. The transportation company that Clarey worked for had been hired by Heyl Logistics to haul a load of bottled water. Later, it was found out that the transportation company did not have insurance and had been hauling without operating authority.

A jury determined that Clarey and Heyl Logistics were to blame and awarded $5.2 million to Linhart’s adult children. The case seems to the first case to impose punitive damages against a transportation broker based a negligent hiring claim. It was stated that Heyl Logistics did not perform due diligence before hiring the transportation company.
The transportation company had their operating authority revoked for failing to perform drug testing on their drivers as well as for other violations.

$4 Million Awarded to Girls in Molestation Case

Fri, 23 Mar 2012 11:17:59 -0500

Parents send their kids to school to receive a good education. They expect that the school will not only teach them but be a safe environment for their kids to learn. Unfortunately, sometimes this is not the case and abuse may occur by a teacher or school administrator. In a recent lawsuit, two girls claimed that they were molested by physical education teacher, Abdol Hossein Mehrdadi. According to the case, the school had policies and training in development for teaching young students as well as their staff how to identify and respond to cases of molestation. However, the school district never followed through with this plan. One juror stated that, "They set the standards, but they didn't spend any money to have those standards met. In particular, they said they were going to do age-appropriate training for kindergarten through third grade on what to do about molestation, and they completely blew it off.”

One of the girls in the case identified by Jane Doe, now fifteen, claimed to have been sexually assaulted four times at school by the physical education teacher, Abdol Hossein Mehrdadi. The abuse was stated to have begun in 2004 and ended in 2007. The other girl identified as Susan Doe, eleven, claimed to have been molested once by Mehrdadi in 2007. Mehrdadi, sixty-three denied the molestation and was never arrested or criminally charged. Jane Doe’s stepfather had been arrested and charged with molesting her. It was argued that his relative coerced Jane Doe into changing her story and implicating “Coach M”. The charges were then dropped against her stepfather.

The jury has awarded both girls a total of $4.025 million and has awarded $3.625 million of it to Jane Doe. Sixty-three percent of the responsibility was placed on the teacher and thirty-seven percent on the school district. The district will only have to pay $1.35 million. The jury awarded Susan Doe, $400,000 and split the responsibility fifty-fifty between the teacher and the school district. City spokesman for the school district, Gabe Ross has said that “the district has empathy and compassion for the terrible ordeal the victims in this case have been through."

Responisbility in Tennesse for Alcohol Related Accidents

Thu, 15 Mar 2012 14:49:26 -0500

There have been several tragic accidents this year in Tennessee as a result of drunk drivers. When this occurs questions arise not only about the driver of the car but also about other potential people that may share responsibility. Specifically, whether a bar or restaurant served a person they knew was drunk or underage. This is known as dram shop cases.

You can watch Tennessee Lawyer, Jim Higgins, on the interview below to learn more about this topic:

Tennessee Legislation Makes Emergency Rooms Accountability-Free

Mon, 12 Mar 2012 16:29:58 -0500

A bill introduced in the Tennessee legislature specifically allows hospitals and doctors to provide negligent medical care in Tennessee emergency rooms. Unless a patient could prove gross negligence, a standard just short of criminal behavior, there would be no accountability or protection. The legislation is sponsored by Rep. Glen Casada and Sen. Jack Johnson, both from College Grove.

“For example, if you go to the ER with chest pains and the doctor carelessly misdiagnoses you with bronchitis and you go home and have a massive heart attack and die, under the proposed legislation there is no recourse for this kind of sloppiness,” stated Keith Williams, President, Tennessee Association for Justice. “In effect, a doctor would have no responsibility for careless errors that could ultimately cost you your life.”

The current standard for medical negligence already affords protections to ER doctors. ER doctors are protected as long as they deliver care consistent with standards set by their peers—other ER doctors. Only if they fail to meet those standards and harm a patient will they rightfully be held accountable under the present law.

The immunity goes one step further and covers doctors in surgery and the OB unit if the patient is admitted through the ER. This means a patient who goes to the ER will have very little, if any protection from negligence during their entire hospital stay.

This legislation has an unfair impact on pregnant women, children and low-income families since they are more likely to use the ER. Kids in sports go to the ER for injuries, pregnant women often go to the ER whey they are in labor, and the elderly frequently rely on the ER for respiratory illnesses. These vulnerable citizens would be without any protection when seeking needed medical care.

HB 174/SB 360 also places a financial burden on the taxpayers. If recipients of TennCare, Medicare and the uninsured are harmed due to carelessness in the ER, Tennesseans will end up paying the bill for a person’s medical care and treatment resulting from the doctor’s careless error. Medical errors cost the Nation approximately $37.6 billion per year, and this legislation would only add to that cost.

“Should a law be passed allowing ER doctors to commit negligent acts on patients in Tennessee? That’s exactly what this bill does.” said Williams. “With 98,000 people dying each year from medical errors, clearly the answer is NO. The focus should be on improving the quality of care – not on lobbyists seeking to pass a license to harm patients.”

Bayer Company Agreed to Settlement Involving Seventy Yaz Side Effect Lawsuits

Mon, 12 Mar 2012 10:41:11 -0500

According to this case, the Bayer Company has agreed to settlements with many plaintiffs who are involved in a lawsuit with the company due to the side effects of Yaz. According to the settlement, as of March 5, 2012, Bayer Healthcare agreed to settle an estimated seventy lawsuits filed for women who claimed they were seriously injured by the Yaz birth control pills.

In 2006, the Yaz birth control pill was approved by the U.S. Food and Drug Administration. The drug contained the primary ingredient drospirenone, which is a form of progrestin which is only in recent oral contraceptives. Drospirenone may be related to serious injuries or problems reported by consumers of Yaz. These problems include: blood clots, deep vein thrombosis, pulmonary embolism and stroke.

After a research study found that women who took Yaz had a higher risk of stroke and blood clots, in 2011, the FDA revealed that women who took Yaz were seventy-five percent more likely to have blood clots. In December 2011, the FDA discussed the safety of Yaz and allowed it to remain on the market but with a stronger warning label. It has been reported that thousands of women have filed state and federal lawsuits about Yaz across the United States.

What is the Status of Yaz Lawsuits?

Mon, 12 Mar 2012 10:40:02 -0500

Many people across the United States and even here in Tennessee know about the drug Yaz and its dangerous side effects. Beginning in 2012, the Yaz lawsuit cases include more than 10,000 injury cases that were filed in state and federal courts across the country for women that have had problems and injuries such as: heart attack, stroke, pulmonary embolism, deep vein thrombosis, gallbladder problems, and sudden death as a result of taking Yaz. All of the federal lawsuits have been consolidated into multidistrict litigation so all federal cases filed throughout the country will be transferred to one judge for pre-trial proceedings.

Multidistrict litigation cases are similar to how a class action Yaz lawsuit would be handled; however, each claim remains an individual case. If the lawsuit is not resolved during pre-trial proceedings, then the case will go back to the federal district court where it was filed to await a trial. In October of 2010, a Case Management Order was started for federal multidistrict litigation holding three Yaz representative trials which will be used to decide how juries will respond to testimony and evidence that is to be heard and seen throughout all the Yaz cases.

New Lawsuit Blames deep vein thrombosis on Yasmin or Yaz

Mon, 12 Mar 2012 10:38:54 -0500

In Tennessee and all across the United States, many people may have experienced serious and dangerous side effects as a result of taking the Yaz or Yasmin birth control pills. If you or someone you know has taken Yaz or Yasmin in the past and are now experiencing dangerous side effects or problems related to it, then it is important that you speak to a Tennessee Yaz lawyer as soon as possible. They will work with you and see to it that you get the compensation you deserve for what you have suffered.

According to a new case, on February 15, 2012, Donna L. Praus filed a lawsuit against Bayer Pharmaceuticals, the company producing Yasmin and Yaz, claiming that she has suffered a possible deep vein thrombosis as a result of taking Yasmin and Yaz. The Yasmin birth control pill has been on the market since 2001. In January of 2012, the Food and Drug Administration stated that the labels on Yasmin and Yaz needed to be stronger and that more information needed to be given about the medication possibly causing blood clots for women.

Donna L. Praus is claiming to have suffered deep vein thrombosis after taking Yasmin and Yaz. This condition is one in which the blood clot forms in the veins deep in the body and possibly gets lodged in an artery in the lungs and blocks blood flow which is a pulmonary embolism. Praus claims she began taking Yasmin and Yaz as directed in 2002. In 2004, she suffered a possible deep vein thrombosis resulting in severe and life-long injuries.