Monthly Archives: January 2019
Reuters: Johnson & Johnson Knew of Asbestos in Talc for Decades
There are two major types of lawsuits pending against Johnson & Johnson over talcum powder. The first type involves claims that the company’s signature baby powder causes ovarian cancer in women. The second set of lawsuits allege Johnson & Johnson knowingly allowed talcum powder contaminated with asbestos–the primary cause of mesothelioma–onto the market. On… Read More »
TN County May Not Impose Lien Against Injured EMT’s Accident Settlement
There is a longstanding rule in Tennessee known as the “made whole” doctrine. This rule often comes up in personal injury cases. Let’s say you are in a car accident. You incur $50,000 in medical bills as a result. Your insurance company only covers half this amount, or $25,000. You then sue the negligent… Read More »
How Far Will a Nursing Home to Cover Up Evidence of Patient Abuse?
Nursing home abuse is often difficult to detect. For one thing, the victims are nursing home residents whose physical or mental condition renders them unable to speak up in their own defense. And many nursing home administrators go to extraordinary lengths to conceal abuses from the patient’s families. Nursing Home Claimed “Privilege” Over Efforts… Read More »
When Is a Tennessee Hotel Liable for a Guest’s Slip-and-Fall Accident?
Millions of people visit Tennessee each year on business or vacation. And when you stay in a local hotel or motel, there is a reasonable expectation your room will be safe and free of significant safety hazards. Of course, that is not always the case, and when someone is injured as the result of… Read More »
Dealing with Hospital Liens Following a Car Accident
If you require medical treatment for injuries sustained in a car accident, you may find yourself on the hook for a substantial hospital bill. And if you later file a personal injury lawsuit against the negligent driver who caused your accident, the hospital may file a lien against any judgment you obtain. Such hospital… Read More »
Are Some Patients Allergic to Essure Birth Control Devices?
Earlier this year, the U.S. Food and Drug Administration (FDA) announced that pharmaceutical giant Bayer would stop selling its Essure permanent birth control devices at the end of 2018. Bayer’s move came after the FDA issued an order in April 2018 restricting the sale of Essure based on thousands of consumer complaints. The FDA… Read More »
When Can an Independent Contractor Sue a Property Owner for Work-Related Injuries?
According to the Tennessee Supreme Court, a property owner in Tennessee normally owes a legal duty to an independent contractor hired to work on the premises to “provide a reasonably safe place in which to work.” But there is a critical exception to this rule: The owner is not liable for any personal injury… Read More »
Can Leaving a Blank Space on a Form Doom My Medical Malpractice Claim?
Medical malpractice cases are among the trickiest type of personal injury claims to pursue in Tennessee, largely because the law requires plaintiffs to comply with substantially more rules before a case may even be heard in court. For example, Tennessee law requires malpractice plaintiffs send a pre-suit notice to any healthcare provider who may… Read More »
How Tennessee’s Agritourism Law Affects the Legal Rights of Accident Victims
There are many car accidents where more than one party may be at fault. This is why Tennessee’s comparative fault rules require a jury to apportion liability among all responsible parties. This can pose a problem for a victim, however, if one or more of these parties are not actually part of the lawsuit–and… Read More »
Should the Owners of Opioid Manufacturers Face Criminal Charges?
There are a growing number of lawsuits against the manufacturers and distributors of prescription opioids. These dangerous drug cases focus on the role these companies played in triggering the current opioid addiction crisis here in Tennessee and around the country. And public official in some municipalities want to go a step further and pursue… Read More »
