Injury Cases

May 8, 2015

Facebook: So Many Ways To Get In Trouble

Last month, a judge was publicly admonished by the Texas Commission on Judicial Conduct because she posted comments on Facebook about a trial she was presiding over. Then, earlier this month, a Michigan prosecutor lost her job due to statements she posted on Facebook related to the looting in Baltimore. And for accident victims, Facebook is just as dangerous.

As soon as an accident victim makes a claim, a claims adjuster or a defense lawyer will likely try to find the person on Facebook to glean as much information as they can. And if your Facebook posts are not consistent with the allegations of your lawsuit, then they start doing a happy dance. Let me give you some examples of how Facebook can be used against an accident victim. Continue reading

May 4, 2015

Water Safety Month: Dock Electrocutions

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

For the past eleven summers, our family has spent as many weekends as possible on Tims Ford Lake. We enjoy swimming, water skiing, jet skiing, grilling out with friends and all of the other fun the lake has to offer. But, in those eleven years, there have been some unspeakable tragedies as a result of electrocutions.

Around the corner from us, two young boys were electrocuted and died when they jumped from their dock and into the water. The electrical work on the newly installed dock had been improperly installed allowing a live charge to enter the water. Then, just two years ago, an adult was electrocuted and died as a result of an improperly grounded dock. Both accidents were preventable. So what can you do to make your dock safe? Continue reading

May 1, 2015

May Is National Water Safety Month

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

I can feel it. Can you? Summer is almost here. The kids have just a few more weeks of school and then it is time for pools, lakes, waterparks, time at the river and more fun in the sun. In an effort to ensure everyone has a safe summer, May is National Water Safety Month, and in March of this year, Governor Bill Haslam signed a proclamation to that effect for the State of Tennessee.

While water can be the ideal spot for summer fun, it can also be a spot for terrible drowning and near-drowning accidents. According to the Centers for Disease Control and Prevention, more than 10 people a day die from drowning accidents. And drowning is the number one cause of death for children 1 to 4.

April 21, 2015

Blue Bell Ice Cream Recall and Food Poisoning

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

Yesterday, Blue Bell Creameries of Texas voluntarily recalled ALL of its products due to potential contamination with listeria monocytogenes. Blue Bell has been experiencing problems with listeria monocytogenes since early March, 2015, and the problem has just continued to grow leading to yesterday’s global recall involving ice cream, sherbet, frozen yogurt and frozen snacks.

February 19, 2015

New Recalls and Warnings for Those With Peanut Allergies

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

Since the beginning of February, the FDA has been busy with recalls related to undeclared peanut allergens. A good number of the recalls are related to tainted cumin but not all. The foods involved are:

Pride of Szeged Sweet Hungarian Paprika (manufactured by Spiceco)
Goya and Kirby – Black Bean Soup and Black Beans with Creole Seasoning (manufactured by Goya)
Whole Foods Market Divine Treasures 100,000 Smooches candy (manufactured by Whole Foods Market)
Whole Foods Market – prepared salads, tacos and seasoned meat items (manufactured by Whole Foods Market)
Village Hearth, Lender’s, L’Oven Fresh and Kroger bagels (all produced by National Choice Bakery). This recall also involves tree nuts.
Pepperidge Farm bagels (manufactured by Pepperidge Farms). This recall also involves tree nuts.
Sara Lee, Thomas and Jewel bagels (all manufactured by Bimbo Bakeries) This recall also involves almonds.
See’s Candies Classic Red Hearts and assorted chocolates (manufactured by See’s Candies). This recall also involves undeclared tree nuts.
The Spice Mill Chef’s Choice Ground Cumin and Cajun Seasoning (manufactured by the Spice Mill)

Even more cumin-related recalls occurred in January. For more details on these and other food recalls, go to http://www.fda.gov/Safety/Recalls/

Food allergies can be life-threatening. In fact, approximately 1,500 Americans die each year because of allergic reactions to food. If you or a loved one has suffered a serious allergic reaction to an undeclared allergen or contaminated food, we can help. Contact one of our award-winning attorneys today for a free, no-obligation consulation. Call us anytime at 866-812-8787.

September 7, 2014

Peanut Plant Faked Lab Results? That’s Just Nuts – and Criminal (If True)

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

The 2008-2009 salmonella outbreak prompted one of the biggest food recalls in this country’s history. 714 people were sickened and 9 people died as a result of tainted food. This month, federal prosecutors are seeking criminal penalties against the corporate management of a peanut company that faked lab results and failed to recall products they knew were contaminated with salmonella.

Peanut Corp. of America supplied peanut paste to companies like Kellogg’s to be used in peanut butter crackers etc., but often had trouble meeting demand. So rather than wait two days for salmonella and other contaminant testing, the company would ship the peanut paste on the same day it was made and use old lab results to attach to the product. Just as bad if not worse, the company failed to recall their product if testing revealed it was tainted.

As evidenced by this case, the effects of food poisoning can go way beyond diarrhea and general malaise. It can cause serious injuries and even death. Individuals and corporations who recklessly expose the consuming public to such injuries should be held accountable for compensatory damages and punitive damages. And, when appropriate, they should face criminal penalties.

August 10, 2014

USDA Hopes to Reduce Foodborne Illnesses in Poultry Plants with New Inspection Rules

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

For more than 50 years, inspections at poultry plants have been largely the same. That fact does not seem terribly remarkable until you think about the technological advancements we have seen in 50 years – from MRIs to DNA fingerprinting to electric cars. When presented in that light, you have to wonder why it took so long to implement changes that could improve food safety.

At any rate, the changes are here and are estimated to prevent as many as 5,000 foodborne illnesses a year. Here are the basics of the new rules:

· Poultry producers are required to perform microbiological testing at two points in their production process to prevent salmonella and campylobacter contamination. According to the Centers for Disease Control and Prevention, salmonella and campylobacter are two of the most common causes of foodborne illnesses. Salmonella alone causes 1.2 million illnesses and 450 deaths in the United States each year.

July 10, 2014

Food Poisoning: Restaurants Present Greater Risk

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

According to a recent report, you are twice as likely to get food poisoning from a restaurant than you are from food prepared at home. According to the Centers for Disease Control and Prevention, food borne illness outbreaks sicken more than 48 million people annually. Of that number, 128,000 require hospitalization and 3,000 will die. Importantly, the Center for Science in the Public Interest believes that these numbers are actually low due to underreporting of outbreaks.

We have more information on food poisoning on our website, including a video by John in which he outlines what you should do if you think you have been the victim of food poisoning from a restaurant. If you would like to discuss a potential food poisoning case, call us at 615-742-4880 or toll-free at 866-812-8787 for a free, no-obligation consultation. We handle all food poisoning cases on a contingency basis so we only get paid if we recover money for you.

April 8, 2014

New Hope for Patients with Paralysis

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

In the United States, over 6 million Americans suffer with paralysis. Some of the injuries were induced by traumatic spinal cord injuries. Others were the result of medical conditions such as stroke or medical malpractice in the form of birth injuries and otherwise.

But, there is new hope in the form of implanted electrical devices. The devices are implanted under the skin of the abdomen and electrodes are then placed at the patient’s spinal cord. Then, the device sends electrical impulses to the spinal cord which basically reboots the neurons and retrains the nerves.

In a recent study, four patients who were all left paralyzed from car accidents and motorcycle accidents have been able to retrain their damaged nerves allowing them to voluntarily move their affected limbs. While none of the patients have learned to walk again, one of them has been able to stand for as long as 27 minutes.

April 6, 2014

Sexual Abuse and the Roman Catholic Church: The Crisis Continues

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

The United States Conference of Catholic Bishops recently released its 2013 audit of 127 dioceses/eparchies and the numbers are staggering. Despite increased awareness and a pledge by Pope Francis for greater accountability and vigilance for sexual abuse, there were still 935 allegations of sexual abuse last year alone. Notably, the report indicates 136 of those claims have been substantiated, which is a large number given that sexual abuse is often a swearing contest between victim and perpetrator. In fact, 472 of the claims were unable to be proven either way. 223 claims are still under investigation, 78 were found to be unsubstantiated and there were 27 "other".

As for the accused, 538 priests and 11 deacons were accused of sexual abuse. 175 others were also accused but their clerical status was unknown. With respect to the victims, 80% were male and only 20% were female. The most victimized were children between the ages of 10 and 14.

According to the report, in the past 11 years, the Catholic Church has spent almost $3 billion on allegations of sexual abuse. The figure includes settlements, therapy for victims, support for offenders, attorneys’ fees and other costs. To review a full copy of the audit, click here.