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Monthly Archives: February 2020

Liability3

Ikea Pays Record $46 Million Settlement to Family of Toddler Killed by Defective Dresser

By Fox, Farley, Willis & Burnette |

When a consumer product is found to be dangerous or defective, the manufacturer has a legal and ethical responsibility to issue a recall. But a recall does little to protect those who never received notice, or persons who have already been injured due to some defect in the design or manufacture of the product…. Read More »

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Pills

Reports of Contaminated Zantac Lead to Questions About Link to Childhood Cancer

By Fox, Farley, Willis & Burnette |

In September 2019, the U.S. Food and Drug Administration (FDA) announced that “some products commonly known as the brand-name drug Zantac” were found to contain “low levels” of an “environmental contaminant” called NDMA. The FDA explained that in laboratory testing, NDMA has been identified as a “probable human carcinogen,” i.e., a substance that can… Read More »

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WorkInjury11

Can I File a Personal Injury Lawsuit If My Employer Does Not Have Workers’ Compensation Insurance?

By Fox, Farley, Willis & Burnette |

The normal rule in Tennessee is that a worker injured in the course of their employment may only seek benefits through the workers’ compensation system. That is to say, if you are hurt in an on-the-job accident, you cannot file a personal injury lawsuit against your employer. Instead, you must seek medical and wage… Read More »

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NursingH4

The Dangers of Signing a Relative’s Nursing Home Arbitration Agreement

By Fox, Farley, Willis & Burnette |

Many Tennessee residents find themselves in the position of having to sign paperwork on behalf of an ill or infirm family member. A common example of this is signing admission forms to admit a parent to a nursing home. Unfortunately, many nursing homes and healthcare providers take advantage of this opportunity to get an… Read More »

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MedMalp2

New York Judge Allows Defective Hernia Mesh Lawsuit Against Covidien to Proceed

By Fox, Farley, Willis & Burnette |

Over the past decade, a number of medical device manufacturers have been forced to recall hernia mesh products after patients experienced a number of serious, life-threatening side effects. In response, patients have brought product liability lawsuits in courts throughout the country. A typical hernia mesh lawsuit raises a number of separate legal claims, including… Read More »

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MedRec

Sixth Circuit Dismisses TN Lawsuit Brought by Accident Victims Overcharged for Medical Records

By Fox, Farley, Willis & Burnette |

When you file a personal injury lawsuit following an auto accident, you typically need to access your medical records, which can help provide evidence of your injuries. The hospitals and other companies that maintain your medical records may in turn charge a fee for this access. But there are specific federal and state laws… Read More »

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Talcum4

New York City Judge Rules “Second Hand” Talcum Powder Lawsuit May Proceed

By Fox, Farley, Willis & Burnette |

Talcum powder has been linked to the development of ovarian cancer and mesothelioma. In the latter cases, there is evidence that talcum powder contains asbestos fibers, exposure to which in even trace amounts can lead to mesothelioma. And unlike other forms of cancer, mesothelioma can take years or decades for symptoms to manifest. It… Read More »

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Opioids

Assessing the Role of Pharmacies in Creating the Opioid Epidemic

By Fox, Farley, Willis & Burnette |

Much of the attention in the opioid epidemic has focused on the companies who manufacture these drugs. But the distributors–i.e., pharmacies–are also an important part of this story. Businesses that distribute prescription opioids are required to follow strict Drug Enforcement Administration (DEA) regulations. Yet many commercial pharmacies ignored this responsibility in pursuit of greater… Read More »

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