Author Archives: Brad Burnette
St. Louis Jury Orders Johnson & Johnson to Pay $4.14 Billion to Talcum Powder Victims
Johnson & Johnson continues to rack up defeats–at least with juries–as the pharmaceutical giant recently lost another talcum powder case in Missouri. In mid-July, a jury sitting in St. Louis found Johnson & Johnson’s popular baby powder caused 22 women to develop ovarian cancer. The jury ordered the company to pay $550 million in… Read More »
Custodians’ Neglect Leads to $180,000 Slip-and-Fall Judgment Against TN School District
Perhaps the most common type of slip-and-fall accident involves a person slipping on a wet floor due to a lack of proper warning signs. Such personal injury claims are relatively straightforward. But they may be slightly complicated when the “wet floor” in question belongs to a state or local government entity. Court Rules Teacher… Read More »
Court of Appeals Upholds $7M Wrongful Death Judgment in 2011 Murder Case
Personal injury claims normally involve negligent acts. That is to say, the defendant did not intend to injure the victim. Instead, the defendant was merely reckless or careless in performing some duty owed to the victim. But there are also personal injury lawsuits based on intentional or criminal misconduct. The fact that a defendant… Read More »
Is a Building Owner Liable if a Construction Subcontractor Is Injured?
In Tennessee, property owners are generally liable if they fail to “exercise reasonable care” to prevent personal injury to individuals who are lawfully on the premises. This includes any people who are performing contracted work on the property. Indeed, Tennessee law expressly guarantees employees of independent contractors working on the premises the right to… Read More »
What Happens If My Employer Violates an Agreement to Pay Medical Benefits Under Workers’ Compensation?
Obtaining workers’ compensation benefits is a struggle for many Tennessee employees. Although the law is designed to provide no-fault benefits to injured workers, some employers balk at paying for legitimate medical expenses incurred as the result of on-the-job injuries. When this happens, the employee must make the effort to force the employer’s hand in… Read More »
Is a Store Liable if I Sit on a Broken Chair?
When you enter a store or other public business, the owner has a legal responsibility to ensure the premises are in a reasonably safe condition. But this does not mean a business owner is an absolute insurer of your safety. To the contrary, Tennessee law generally holds an owner liable when it has “superior”… Read More »
West Virginia Judge Refuses to Toss Pradaxa Lawsuit
Even when a drug is approved as safe and effective for sale in the United States, manufacturers must still take steps to ensure their products are accurately labeled. This includes disclosing any known potential side effects or contraindications that would make the drug dangerous–even fatal–for certain patients and treatment situations. Unfortunately, far too many… Read More »
How Do I Prove My Injury Is Job-Related for Purposes of Workers’ Compensation?
Causation is critical to establishing a workers’ compensation claim in Tennessee. In other words, you cannot receive benefits from your employer unless you can prove that your injury is directly related to your employment. A workers’ compensation official will not accept conjecture or speculation that merely suggests the injury could be work-related. Panel Denies… Read More »
New York Court Allows Pradaxa-related Malpractice Lawsuit to Proceed
Defective drug injuries are often difficult to diagnose. After all, most of us do not have advanced medical degrees. We rely on doctors to tell us when there is something wrong and identify the potential causes. And when a doctor’s misdiagnosis or malpractice further compounds the problem, he or she may be liable for… Read More »
Boston Scientific Faces Illinois Lawsuit Over Defective IVC Filter
It is well documented that a malfunctioning IVC filter may cause chest pains and other serious health complications in patients. For this reason, the U.S. Food and Drug Administration (FDA) has warned against the use of permanent IVC filters in favor of “retrievable” models that can be removed. In particular, the FDA has warned… Read More »
