Recent changes to Tennessee law substantially limit the liability of those who sell dangerous or defective products.
The manufacturer of the product is the one that is primarily responsible if a dangerous or defective product kills or injures a person. The seller of the product is only responsible for the product if
There were only four personal injury trials in Nashville (Davidson County) Tennessee in August 2012.
All of the cases were automobile wreck cases. The plaintiff "won" three of the cases – the amounts awarded by the jury were $2995, $12,249 and $5000. In the remaining case the jury returned a verdict for the defendant.
There was also a jury trial in a wrongful termination from employment case. The jury awarded the plaintiff $117,000.
Here is the latest on the fungal meningitis outbreak first discovered in Nashville and now spreading to other states:
There are still many unanswered questions about this entire tragedy and the answers to some of those questions will not be known for months and months.
The lawyer you hire in personal injury and wrongful death litigation – or in any legal matter – makes a difference. The simple fact of the matter is not every lawyer has the experience, ability and knowledge to handle a complex case, or even a simple case for that matter. Not every lawyer has the financial wherewithal to fund contingency fee cases. And, if a lawyer lacks the experience, ability, knowledge or financial ability to handle your case, the value of your case and, indeed, the ability to win it at all, can be impacted.
So how do you know who to hire as your lawyer in a personal injury or wrongful death case? The Law Offices of John Day, P.C. recommends that you read our Legal Guide titled "Understanding How to Hire a Lawyer in a Personal Injury or Wrongful Death Case" to understand what factors you should consider in this important decision.
You need to be warned this is Legal Guide is not short – it will require ten or fifteen minutes to read it. But the decision you make on which lawyer is an important one, and we suggest that you read it completely. We are confident that you will find it helpful in determining who will be your legal advocate.
The reports of fungal meningitis linked to a steroid methylprednisolone acetate injected into back pain patients continue to increase.
It now appears that some 47 patients in seven states have contracted the disease but it is almost certain that the number infected patients will increase. The public health officials of some 23 states have recovered potentially tainted steroid vials and are in the process of notifying patients that they may have received contaminated steroids. Seventy-five different facilities were shipped the steroid solution.
To date, the deaths of five people have been linked to the substance.
The fungal meningitis outbreak first discovered in Tennessee has been traced to a specialized compounding pharmacy in Massachusetts.
The New England Compounding Center produced the injections that are linked to at least 26 cases of fungal meningitis in five states – Tennessee, North Carolina, Virginia, Maryland and Florida.
New England Compounding Center is one of approximately 3000 compounding pharmacies in the United States. These pharmacies blend, liquefy or combine medications and supply them to hospitals or hospital clinics.
The Tennessee business community is looking at dramatically reducing the rights of Tennessee workers who get killed or injured on the job. There is a certainty that legislation will be introduced at the next legislative session that will make it more difficult for Tennesseans who are hurt at work to recover money for their losses.
It is interesting that this discussion is underway at the very same time that the United States Bureau of Labor Statistics has produced a report telling us how many people are killed at work. Here are a few of the shocking figures from 2011"
All Tennesseans are urged to keep up with proposals that will make it more difficult for Tennessee workers and their families to receive worker’s compensation benefits and to speak out against these efforts by contacting legislators.
In Tennessee personal injury and wrongful death cases there are two new classification of damages that cause some confusion. The phrases, "economic damages" and "non-economic damages," were added to the law by the Tennessee General Assembly in 2011 and are applicable to all Tennessee personal injury and wrongful death cases that arose on or after October 1, 2011.
"Economic damages" are damages that can be readily measured in money. They include damages like medical bills and lost income.
‘Non-economic damages" are damages for pain, suffering, loss of the right to enjoy life, disfigurement, and other types of intangible losses that are not readily measurable in money. In wrongful death cases, this classification of damages includes the loss of a parent, spouse or child.
The fungal meningitis outbreak has expanded to 26 people in five states, each of whom received steroid injections. Four people have died, including two Tennesseans.
Tennessee has the most victims (18) followed by Virginia (3), Maryland (2), Florida (2) and North Carolina (1). In addition to the two deaths in Tennessee one person died in Virginia and another died in Maryland.
Meningitis is a infection of the membrane that surrounds the brain and spinal court. Media reports indicate that Aspergillus, a mold commonly found outdoors, is the infectious organism impacting these patients. This type of meningitis is not spread by person-to-person contact.
The maker of the steroid solution that was used at Saint Thomas Outpatient Neurosurgery Center has voluntarily recalled the product. However, theTennessean reports that there has been no definitive link between the steroid solution and the fungal meningitis infections that have injured nine people and killed two. The company that manufactured the solution has not been identified.
All of the infected patients received lumbar epidural steroid injections at the Saint Thomas Outpatient Neurosurgery Center between July 30, 2012 and September 20, 2012. All 737 patients who received the injections during this period have been contacted by the facility. The Center has now been voluntarily closed.
Meningitis is a infection of the membrane that surrounds the brain and spinal court. Media reports indicate that Aspergillus, a mold commonly found outdoors, is the infectious organism impacting the Saint Thomas patients. This type of meningitis is not spread by person-to-person contact.
