Author Archives: John Willis
What Happens When Medical Malpractice Is Not Discovered Until After the Patient Dies?
There are always legal deadlines that must be complied with in personal injury cases. When the clock starts to run on these deadlines, however, varies depending on the facts of a particular case. When it comes to something like medical malpractice, there is a one-year statute of limitations that starts to run on the… Read More »
Can the Defendant in a Personal Injury Case Demand to See My Private Facebook Account?
We live in a culture where it is now common practice to share every aspect of our lives on social media. Many of us have online-exclusive “friends” who follow us on Facebook, Twitter, Instagram, and similar platforms. But if you are involved in a car accident or another event that leads to a serious… Read More »
Senator Proposes Bill to Mandate Underride Guards in Tractor-Trailers
Cars are at a decided disadvantage in a collision with a tractor trailer. Indeed, truck accidents often prove fatal to the occupants of the smaller vehicle. One reason for this is that the car may slide underneath the larger commercial truck. These so-called underride crashes lead to hundreds of fatalities every year, according to… Read More »
Congress Seeks Explanation for West Virginia “Pill Dumping”
The scope of the national opioid epidemic continues to unravel in the face of lawsuits and legislative intervention. On January 30, the U.S. House of Representatives Committee on Energy and Commerce sent formal letters to two of the largest distributors of prescription opioids, seeking an explanation for why they sold millions of pills to… Read More »
Distracted Driving Continues to Drive Up Car Accident Reports
Distracted driving is one of the leading causes of car accidents in Tennessee. According to a recent report published by Slate, there has been a 14 percent “spike in roadway fatalities” nationally over the past two years, and many experts attribute this to distracted activities such as texting while driving. Slate pointed to one… Read More »
What Happens If the Defendant in My Personal Injury Case Dies Before I Can Sue?
All Tennessee personal injury cases, such as lawsuits arising from car accidents must be filed within a certain time period. This is commonly known as the statute of limitations. For most personal injury claims, the statute of limitations is one year from the date of the underlying accident. But there are a number of… Read More »
IVC Filter Manufacturer Cordis Faces Florida Lawsuits
Personal injury claims related to IVC filters continue to mount throughout the country. We previously discussed the thousands of complaints pending against C.R. Bard before a federal court in Arizona. But Bard is not the only IVC filter manufacturer facing scrutiny over its products. OptEase, TrapEase Filters Allegedly “Fail at Alarming Rates” Florida-based Cordis… Read More »
Tennessee Supreme Court Reaffirms “Collateral Source Rule” in Personal Injury Cases
If you are in a car accident and the other driver is later determined to be negligent, does the fact you have health insurance reduce the amount of damages you can receive for your injuries? The answer to this is basically “no.” A defendant cannot escape liability by simply because a third party may… Read More »
Judge Schedules “Bellwether” IVC Filter Case for Trial in March 2018
There are currently over 3,000 product liability lawsuits pending against the manufacturers of inferior vena cava (IVC) filters. IVC filters are metallic devices used to prevent blood clots from traveling from the lower body to the heart and lungs, i.e. causing a pulmonary embolism. While IVC filters were originally designed as permanent implants, the… Read More »
First “Bellwether” Taxotere Trials to Begin in 2018-2019
One of the most common side effects of chemotherapy is temporary hair loss. Unfortunately, the manufacturers of certain chemotherapy drugs like docetaxel–marketed by Sanofi-Aventis under the brand name Taxotere–failed to disclose their products may actually cause permanent hair loss. In 2015, the U.S. Food and Drug Administration required Sanofi-Aventis to amend its labeling for… Read More »