Injury Cases

April 11, 2016

Pedestrian Accidents Are on the Rise in Middle Tennessee

At The Law Offices of John Day, P.C., we are definitely seeing more accidents involving pedestrians but we are not relying on just our own anecdotal evidence for this post. The Governors Highway Safety Association (GHSA) is projecting, once all the data is in, that 2015 will have the largest year-to-year increase in pedestrian fatalities since national records have been kept. Pedestrians now account for about 15% of all motor vehicle crash-related deaths. So what is to blame for the national increase and what are the statistics for pedestrian accidents in Middle Tennessee? Continue reading

April 4, 2016

New Technology Could Prevent Retained Sponges During Surgery

by The Law Offices of John Day, P.C.

Here is the scenario we often see: a patient goes in for a surgery. The surgery is successful but the patient continues to experience pain and other symptoms without any identifiable source. Often the patients are treated as though they are whiners or malingerers. Finally, at some point, the medical providers realize the source of the patient’s pain and problems: a surgical item has been left inside the patient during the surgery. Of course, this necessitates a second surgery with all the attendant risks, more medical bills and more pain and suffering. Think this is a rare occurrence? Think again. Continue reading

March 15, 2016

As Tay Tay says: “All You Are Ever Going To Be Is Mean”

by The Law Offices of John Day, P.C.

I know you may think this article is about politics and it surely could be. The rhetoric in this election year has been meaner and uglier than I can remember. But, I am talking about lawyers. While mean is not the quality anyone is usually looking for in leaders, family or friends, contrary to a lot of folks popular belief, it is also not the quality you should be seeking in a lawyer. Let me explain. Continue reading

March 2, 2016

Jury Hits Johnson & Johnson with $72 Million Dollar Talcum Powder Verdict

by The Law Offices of John Day, P.C.

In a nutshell, here is the case: Jacqueline Fox had used talcum powder for more than 35 years. After she was diagnosed with ovarian cancer, a pathologist found talc in Fox’s ovaries. Experts believe the talc caused inflammation, which led to cancer and Fox’s death. During a recent trial, a St. Louis jury awarded $72 million dollars to Fox’s family. Continue reading

February 25, 2016

If you see something, say something! (It’s the law)

by The Law Offices of John Day, P.C.

I have been meaning to write about this for days but work and other matters have kept me too busy to do so. But in the days since I first heard about this, I can tell you my anger has not dissipated. Earlier this month, Newsweek ran the following headline on a story: “New Catholic Bishops Told They Don’t Have To Report Sexual Abuse to Police”. French Monsignor Tony Anatrella told bishops they do not have a duty to report abuse to the police because that is the responsibility of the victims and their families. Oh really? Let’s discuss this for a moment. Continue reading

February 1, 2016

Protecting Yourself Against Defective Products

by The Law Offices of John Day, P.C.

Last year was a record year for vehicle recalls. Already this year, Ford has announced a recall of nearly 400,000 Ranger pickups due to faulty airbags. The National Highway Traffic Safety Administration (NHTSA) has just announced a recall of Britax car seats. The Consumer Product Safety Commission issues a new recall virtually every day. As a consumer, how do you know if the products you and your family use are safe? And what do you do if you get hurt by a defective product? Continue reading

January 29, 2016

Xarelto: Convenient But Also Dangerous

by The Law Offices of John Day, P.C.

You may have seen the Xarelto commercials featuring Arnold Palmer, Kevin Nealon, Chris Bosh and Brian Vickers — the ones that tout the convenience of Xarelto. According to the manufacturer, there are two benefits of Xarelto: (1) patients on Xarelto do not have to avoid vitamin K rich foods and (2) patients on Xarelto do not have to undergo frequent blood tests to monitor their INR. Now, if you are a patient on warfarin (Coumadin), the decades-old blood thinner, Xarelto might sound like an attractive option. But, most patients do not know the dangers of Xarelto. Continue reading

January 4, 2016

Need Help with Those New Year’s Resolutions?

by The Law Offices of John Day, P.C.

So, it is January 4^th. How many of your New Year’s resolutions are already busted? If you are like most of us, it is probably at least one. That is the bad news. But, here is the good news: below is a list of 10 easy New Year’s resolutions that are easier than losing 10lbs and will help keep you safe and prepared in 2016. Continue reading

December 2, 2015

Pedestrians in Wheelchairs at Much Greater Risk of Injury and Death

by The Law Offices of John Day, P.C.

Being a pedestrian is dangerous. Each year in the United States roughly 5,000 people are killed in pedestrian accidents and another 76,000 are injured. But recent data shows the risk to pedestrians using wheelchairs is even more profound as those individuals are 36% more likely to die in an accident with a vehicle. The majority of these crashes occur while the wheelchair user is properly within the crosswalk, and about 18% of the crashes occur where no crosswalk was available. Why is this happening? Continue reading

November 24, 2015

Beware Ban the Box

by The Law Offices of John Day, P.C.

Ban the Box is a movement, which seeks to eliminate from job applications any questions about a job applicant’s criminal background. The theory behind the movement is that by “banning the box” prospective employers will not automatically discriminate against and eliminate candidates in the hiring process.

Metro Nashville has adopted a ban-the-box policy that will take effect January 1^st. As it has been reported, under the policy, job applicants will not be asked if they have ever been convicted of a crime unless they are applying for a position in an emergency department or a Metro school position. It also does not prohibit the applicant from being asked about their criminal history during an in-person interview or prevent a criminal background check. Continue reading