Author Archives: Jay Butchko
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 »
The Challenges of Establishing Legal Responsibility for a Commercial Trucking Accident
When bringing a personal injury claim following a truck accident, it is critical to conduct a proper pre-suit investigation of the defendants. Commercial trucks often involve multiple owners and other responsible parties. And as the plaintiff, you need to properly identify all of these parties, and establish their potential liability, before taking action. Court… Read More »
Federal Panel Consolidates Juul Lawsuits in California
With each passing day, we learn of new reports of people developing vaping-related illnesses. Health officials still cannot identify the exact cause of the problem, but one thing is clear: More and more people are confronting the fact that e-cigarettes are not as safe as advertised by their manufacturers. Juul Faces at Least Six… Read More »
Tennessee City Found Not Liable for Injuries to Woman Who Tripped on Cracked Sidewalk
Anytime you see owe a property owner in a slip-and-fall accident, it is important to understand a judge or jury will require proof that the owner had either actual or “constructive” knowledge of the hazard that caused your fall. This is often easier said than done. Even when you think that the owner should… Read More »
Vaping Illnesses Prompt New Lawsuits
As of late September 2019, there have been over 800 confirmed cases of individuals suffering from illnesses connected to “vaping”–the use of e-cigarette devices–according to the U.S. Centers for Disease Control and Prevention. The CDC said at least 12 people have died as a result of their illnesses. And while the exact cause of… Read More »
Is a Business Owner Responsible for a Car Accident That Occurs at the Exit to Its Parking Lot?
In any personal injury case, the plaintiff must establish the defendant owed them some “duty” or legal obligation. For instance, drivers on the highway owe a duty to other people on the road not to drive recklessly. But in other cases, the existence of a duty may not be as clear. Court of Appeals:… Read More »