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Personal Injury Law

Tennessee Law Blog

Personal injury blog by Higgins, Himmelberg & Piliponis, PLLC.

Post Frequency: 1.7/day

Last Entry: March 29, 2011 at 14:18:48

Nursing Home Neglect Begins with Nursing Home Policy - NHC's Latest Disgrace

Posted on December 11, 2009
Nashville, TN?s own Nashville Scene uncovered some startling news about a Bristol, VA nursing home run by Tennessee?s own infamous National Healthcare Corp (NHC). The Murfreesboro, TN nursing home chain has been the subject of previous Tennessee Law Blogs as a means to spread the word about nursing home falls and signs of neglect after a resident died shortly after his one-month stay at NHC McMinnville, TN...

Asbestos Lawsuit Settlement with Smithsonian Sheds Light on a National Workplace Cancer

Posted on December 10, 2009
The Smithsonian settled an asbestos lawsuit with a former employee for $233,000 and health insurance after the museum?s worker was diagnosed last year with asbestosis. The employee, Richard Pullman, 54, worked for 28 years at the museum, installing exhibits...

State of Kentucky Nursing Homes

Posted on December 06, 2009
News last week that Madison Manor in Richmond, KY might lose its Medicare/Medicaid certification drew the attention of nursing home advocates and our KY nursing home abuse lawyers at the Higgins Firm. A year-long study concluded last August by the U...

Nursing Home Falls Covered in Series on Nursing Home Abuse

Posted on December 01, 2009
Readers of the nursing home abuse blogs at our Tennessee Injury Law Blog may be interested in an ongoing series by the Star Tribune entitled ?Deadly Falls?. The Minnesota newspaper article details the dangers of these forms of nursing home neglect, which include permanent injury and life-threatening injuries, as well as the profit-based logic that defines many nursing homes? decisions to have plans to prevent falls that do not include increasing staffing...

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FDA Contaminant Warning for Genzyme Drug Products

Posted on November 21, 2009
Five months after discovery of a virus in one of its medical manufacturing plants, the Maine pharmaceutical company Genzyme faces another set of contamination problems and further potential injury for unsafe drug products on market. Foreign particles including bits of steel, non-latex rubber, and fiber have been identified in five Genzyme drug products used to treat rare genetic disorders...

Asbestos Lawsuit News Military Defense Contractor Faces Class Action Lawsuit

Posted on November 14, 2009
KBR, formerly Kellogg, Brown, and Root and previously a subsidiary of Halliburton, faces injury lawsuits filed by both military and civilian personnel for burning toxic waste, including asbestos, as a cost-saving means of avoiding proper toxic waste disposal...

Memphis, Tennessee Area Nursing Homes well below national standard

Posted on November 12, 2009
According to the Centers for Medicare and Medicaid Services, as outlined in a recent article in Memphis? Commercial Appeal, nearly half of the nursing homes in Shelby County, Tennessee scored well below average. Of the 31 nursing homes in the County, 15 received scores of 1-2 stars out of a possible 5 stars...

Recent Tennessee Workers Comp Trial

Posted on November 02, 2009
http://www.hhpfirm.com/lawyer-attorney-1053037.htmlLast week a had a workmen's compensation trial in Nashville, TN. The issue was whether or not my client was an employee or independent contractor. Unfortunately this is an issue that i am seeing more often throughout Tennessee...

Product Liability Lawsuit Blair Chenille Robes' Wrongful Death Fires

Posted on October 31, 2009
In California, Evelyn Rogoff was fixing herself hot tea on an electric stove when her chenille robe caught fire. Her husband attempted to smother the flames. He would die in the pursuing months from the attempt but not before hearing that his wife had passed...

Insulin Syringe and Catheter Sheath Medical Device Recalls

Posted on October 29, 2009
Yesterday, all Accusure insulin syringes distributed since January 2002 were recalled by device manufacturer Qualitest Pharmaceuticals. The Huntsville, AL-based manufacturer of Accusure estimates the recall affects 250 million insulin syringes. So far, the company has admitted four reports of the needle detaching from the syringe...

How do I get out of a speeding ticket in Tennessee?

Posted on October 25, 2009
Should I pay the ticket or try to fight it? The Government is giving out Speeding Tickets in record numbers. They are also giving out other types of moving violations. Many people who get Speeding Tickets in Tennessee are traveling through the state and are not familiar with the many speed limit changes that occur on Tennessee highways...

Tennessee Asbestos Lawsuits and Injuries Continue, TN Supreme Court Expands Who Can Recover Damages

Posted on October 20, 2009
Last week, a Chattanooga businessman pleaded guilty in federal court on charges of conspiring to violate the Clean Air Act, an offense punishable by up to $250,000 fine and five-year prison sentence. The crime: improper disposal of asbestos. The culprit: Standard Coosa-Thatcher Co...

Device Recall of 5,400 Defective Philips Defibrillators

Posted on October 03, 2009
Philips Electronics, a Dutch company, announced a recall this Tuesday of 5,400 defibrillators for potential defective memory chips. The majority of these defective medical devices being recalled are defibrillators sold in the U.S. These memory chip failures render the device inoperable...

Tennessee Workers are often denied medical treatment under the comp system

Posted on October 03, 2009
There are parts of our workers compensation system that I really like and there are parts that I do not like. One benefit that is wonderful when it works correctly is the right to lifetime medical benefits for your workman's compensation injury. Basically, in Tennessee if you sustain a permanent injury as the result of a work accident you are entitled to medical benefits for that injury for the rest of your life...

Nursing Home Sexual Predators Arrested ? Tennessee Law Blog Follow-Up

Posted on September 24, 2009
SEVIERVILLE, Tennessee ? Tennessee Bureau of Investigation will be pursuing criminal charges against two TN nursing home employees accused of taking pictures of residents in the nude and in degrading situations. Both female former employees of Pigeon Forge nursing home, ages 35 and 50, were arrested yesterday after each being indicted by a grand jury on four counts of health care abuse...

Dangerous Medical Device Recalls ? Medtronic and the FDA

Posted on September 18, 2009
Medtronic, the medical device manufacturer, has had many of its medical products subject to a flurry of Class I recalls and warnings in recent months. These include Medtronic catheters, defibrillators, and pacemakers being issued the FDA most severe warnings for defects that may cause potentially severe injuries...

Limitations on Age Discrimination in Employment in Tennessee

Posted on September 14, 2009
The Higgins firm represents people in Tennessee who have been discriminated against by their employers for protected reasons. Recently, we are seeing many more age discrimination claims. The Age Discrimination in Employment Act, 29 U.S.C. �621 et seq...

New AMA Guidelines Impact TN workers comp cases

Posted on September 10, 2009
I have been handling workmans compensation cases for almost 20 years now. One thing I have seen over the years is that workers seem to get less and less for their permanent injuries. The latest attack on these benefits has come in the form of a impairment guideline known as the The AMA Guides to the Evaluation of Permanent Impairment, Sixth Edition...

Historic Qui Tam Settlement Whistleblowers to Share $102 Million for Revealing Drug Manufacturer Misconduct

Posted on September 09, 2009
Pzifer?s off-label marketing of their anti-inflammatory drug Bextra will cost the pharmaceutical company a record-breaking $2.3 billion, $102 million of which will be split by five qui tam relators (whistleblowers). This most recent whistleblower lawsuit is the fourth illegal marketing lawsuit Pzifer?s settled since 2002...

Minimum Wage Violation - Hooters "Girls" Sue for Uniform Kickbacks and Tip Violations

Posted on September 03, 2009
Over a dozen East Coast Hooters Girls have filed a wage and hour lawsuit suing their employer for violating minimum wage laws. The recognizable orange running shorts and tank top uniforms are part of a wage and hour lawsuit filed by 13 Hooters waitresses (?Hooters Girls,? per company literature)...

Tennessee Speeding Tickets on the Rise

Posted on September 01, 2009
With the Tennessee travel season in full swing, police are out on the highways writing speeding tickets and other traffic violations. People traveling through the State of Tennessee from all over the country are being written speeding tickets, citations, and traffic tickets in record numbers...

Tip Pooling in Vegas Casino Sparks Lawsuit

Posted on August 28, 2009
Tip pooling is the cause of a wage lawsuit between Wynn Las Vegas and its dealers. Disputed is the casino?s policy of sharing dealers tips with their floor supervisors, a pay practice instituted in 2006. According to dealers, the payouts from the tip pool were a way for the casino to pay managers more without having to pay them out-of-pocket, a less-common violation of federal tip pooling law but nevertheless an illegal pay practice if true...

Lowe?s Sexual Harassment Lawsuit Settles for $1.72 Million

Posted on August 27, 2009
Or, to borrow the Equal Employment Opportunity Commission (EEOC)?s less modest description from the title of its press release: RAMPANT SEX HARASSMENT COSTS LOWE?S $1.7 MILLION IN SETTLEMENT OF EEOC LAWSUIT Lowe?s, the nation?s second-largest home improvement retailer, has agreed to pay $1...

Chattanooga Nursing Home Admissions Supended

Posted on August 19, 2009
New patient admissions at Life Care Center of Chattanooga Nursing Home have been suspended by the Tennessee Department of Health. The facility recently underwent a complaint investigation and survey and multiple deficiencies were found to exist that jeopardize and potentially jeopardize the health, safety and welfare of residents...

FDA Dangerous Device Recall ? Hospira Medical Equipment Recall for Defective AC Cords

Posted on August 19, 2009
Hospira, Inc., a Illinois medical device manufacturer, has initiated a product recall for medical devices with defective AC power cords. These cords are manufactured by Electri-Cord Manufacturing Corporation. Click for a defective power cord image courtesy of FDA Recall page...

Franklin, TN settles wrongful termination suit with former employee for $2 Million

Posted on August 18, 2009
The City of Franklin, Tennessee has settled a wrongful termination lawsuit filed against it by Joe Williams, a former City Solid Waste Director, according to an article in the Tennessean. The settlement amount included a payment of $2,000,000.00 and a formal apology to Mr...

Tip Pooling Pay Practicies' Legality under Tenessee's New Minimum Wage Rate

Posted on August 15, 2009
Tennessee wage workers? received what will likely be their final minimum wage increase for a while when the federal minimum wage (including tipped employees') increased last month to $7.25. Tennessee, having no minimum wage statutes of its own, followed this last of three annual minimum wage increases begun in 2006...

Important Change to Tennessee Workers Compensation Law

Posted on August 14, 2009
The TN legislature made an important change to the Tennessee Workman's Compensation Law. Specifically, compensation is limited in work comp cases if the employee returns to work with the pre-injury employer at the same rate of pay. However, the employee can re-open the case for more money if they lose their job within a certain amount of time from the settlement...

Dangerous Steroid Supplements - FDA Public Health Advisory

Posted on July 30, 2009
FDA issued a public health advisory on Tuesday warning consumers to immediate stop using and discard all American Cellular Labs supplements. Many of these dangerous steroid supplements were being labeled as dietary supplements, or as containing ?steroid-like? ingredients, when in fact these supplements contain synthetic steroids...

Tennessee Minimum Wage Increases Today - Additional Unpaid TN Overtime Lawsuits Expected

Posted on July 24, 2009
Federal minimum wage (and Tennessee minimum wage) rose today from $7.25 from $6.55 an hour. This affects 30 states, including Tennessee, who either have minimum wage below the federal rate or, like Tennessee, have no minimum wage provisions of their own...

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