Author Archives: Jay Butchko
How Legal “Privilege” Can Prevent Disclosure of Evidence in a Personal Injury Case
In personal injury litigation, third parties may possess valuable information that can help prove (or disprove) a plaintiff’s allegations. Under normal circumstances, either party to the case may ask the court to issue a subpoena for such information, assuming it is not protected by some specified legal privilege. For example, the defendant in a… Read More »
Pa. Judge Refuses to Dismiss Defective Knee Replacement Lawsuit Against Arthrex
A knee replacement is major, life-altering surgery. So if something goes wrong due to a defect in the replacement device, it can have a substantial, negative impact on the quality of life for both the patient and their family. And the manufacturer responsible for producing such defective medical devices can be held responsible via… Read More »
Federal Court Returns Essure Lawsuit to State Court
Every state, including Tennessee has its own laws governing product liability. Yet when it comes to lawsuits involving dangerous or defective drugs, such as Bayer’s permanent sterilization device Essure, manufacturers often try to have the cases heard in federal court, as they believe that provides a more favorable forum. “Preemption” Defense Does Not Justify… Read More »
TN Health Club Not Liable for Member’s Sexual Assault
At one time or another, all of us have been asked to sign some sort of “release” or “waiver” holding a property owner harmless for any injury we might suffer while on the premises. Most people sign such waivers without giving it a second thought. Unfortunately, when something does happen to them, that same… Read More »
Oklahoma AG Announces $270 Million Opioid Settlement with Purdue Pharma
The U.S. legal system continues to deal with the fallout of the opioid crisis. It seems like every day there is another lawsuit filed, either by an individual victim or a government agency seeking to recuperate the costs of treating thousands of victims. And while opioid producers and distributors continue to maintain they have… Read More »
The Important Role of Video Evidence in Personal Injury Cases
Many times, a personal injury lawsuit depends entirely on the parties’ personal recollection of events, which may be years after the fact. In some cases, a plaintiff may bolster his or her case if there is video or photographic evidence taken at the time of the accident. Of course, video evidence can also work… Read More »
Tennessee Appeals Court Throws Out $250,000 Auto Accident Verdict
When it comes to personal injury claims arising from car accidents, a Tennessee court requires proof of “causation”–that is, evidence directly linking the accident to the victim’s injuries. In many cases this requires expert medical testimony, particularly when the injuries are more complex than, say, a mere cut or abrasion. And any expert evidence… Read More »
Can You File a Personal Injury Lawsuit Over the Loss of a Pet?
Personal injury claims based on negligence require proof that the defendant breached some “duty of care” owed to the plaintiff–and that said breach actually caused the plaintiff’s injury. The existence of a duty of care is a legal question, while causation is a factual question. Court of Appeals Rules Veterinarian’s Negligence Caused Cat’s Death… Read More »
Indiana Jury Orders Cook Medical to Pay $3 Million Over Defective IVC Filter
There are currently more than 4,000 lawsuits pending throughout the United States against the manufacturers of IVC filters. These devices are supposed to prevent deadly blood clots. Yet in many cases, dangerous and defective IVC filters have actually done more harm than good, causing serious side effects and even death in some patients. First… Read More »
TN Court of Appeals: Secondhand Testimony Is Not Enough to Prove Asbestos Exposure
It has been well-known for decades that even trace amounts of asbestos in the workplace causes mesothelioma and other serious health problems in exposed workers. In thousands of cases, affected employees and their families have received compensation from employers and manufacturers whose negligence caused the asbestos exposure in the first place. Despite this, there… Read More »