Author Archives: Jay Butchko
Can I File a Personal Injury Lawsuit If My Employer Does Not Have Workers’ Compensation Insurance?
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 »
The Dangers of Signing a Relative’s Nursing Home Arbitration Agreement
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 »
New York Judge Allows Defective Hernia Mesh Lawsuit Against Covidien to Proceed
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 »
Sixth Circuit Dismisses TN Lawsuit Brought by Accident Victims Overcharged for Medical Records
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 »
New York City Judge Rules “Second Hand” Talcum Powder Lawsuit May Proceed
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 »
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 »