Author Archives: Jay Butchko
Assessing the Role of Pharmacies in Creating the Opioid Epidemic
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 »
Family of 2-Year-Old Killed in Tennessee Park Files Claim Against the State
When you take your family out to a Tennessee state park, you expect the area will be maintained in a reasonably safe condition. And if there are any known hazards that could threaten your life, you would also expect state officials to mitigate that risk and provide appropriate warnings. Unfortunately, the reality is often… Read More »
Judge Clears Metro Nashville of Liability in Fatal Tow Truck Accident
We have previously discussed a terrible personal injury lawsuit, Bishop v. Metropolitan Government of Nashville and Davidson County, involving the death of a man who was beaten outside a convenience store and left unconscious in the middle of the road, where he was then struck and killed by a tow truck. Back in April,… Read More »
Former Juul Executive Alleges Company Shipped Over 1 Million “Contaminated” Pods
On October 29, a former senior vice president with Juul Labs, Inc., sued the company in San Francisco federal court, alleging he was illegally fired in retaliation for reporting “conduct he reasonably believed to be illegal and unsafe.” Specifically, the former executive said he confronted Juul’s then-chief executive officer, Kevin Burns, about Juul’s plans… Read More »
Federal Law and the Right to Compensation for “Loss of Household Services”
Earlier this year, a federal judge in Nashville rejected a personal injury plaintiff’s claim for loss of household services under Tennessee law. As we explained at the time, the plaintiff was injured after a Southwest Airlines flight ran off the taxiway at Nashville International Airport. The plaintiff subsequently sued Southwest, seeking among other things… Read More »
FDA Issues Class I Recall for Defective Blood Pumps
The U.S. Food and Drug Administration (FDA) recently issued a Class I recall for the CentriMag Acute Circulatory Support System. The CentriMag, produced by Abbott Laboratories, is used to pump blood for a patient during open-heart surgery. It can also provide temporary circulation (up to 30 days) for patients who have suffered a sudden… Read More »
Insurance Broker Faces Lawsuit for Failing to Purchase UM Coverage
Uninsured/underinsured motorist (UM) coverage protects you if you are involved in a car accident and the negligent driver lacks sufficient insurance coverage of their own to fully compensate you. With UM coverage, your own insurance carrier covers any excess losses up to the policy limit. Tennessee law does not require you to carry any… Read More »
Tennessee Man Files Latest Class Action Against Juul Over Vaping Epidemic
On October 2, 2019, a resident of Collierville, Tennessee, filed what is just one of a growing number of class action complaints against e-cigarette giant Juul Labs, Inc., and its part-owners, Altria and Philip Morris. The lawsuit, filed in Memphis federal court, accuses Juul and its co-defendants of multiple violations of Tennessee law for… Read More »
Can an Accident Victim Intervene in a Lawsuit Between the Negligent Driver and His Insurance Company?
When you sue a negligent driver for injuries arising from a car accident, in most cases you are effectively suing that driver’s insurance company, which will likely be on the hook for any judgment you obtain. The problem is that insurance companies are quite adept at denying coverage, particularly in situations where the insured… Read More »
Johnson & Johnson Recalls Baby Powder After FDA Finds Asbestos
Johnson & Johnson continues to face thousands of talcum powder lawsuits related to its popular baby powder products. Most of these lawsuits have focused on scientific evidence connecting the use of talcum powder by women to ovarian cancer. But there are a growing number of cases that also point to the link between baby… Read More »