Tennessee Injury Law Center

October 10, 2012

How Do You File a Medical Malpractice Claim in Tennessee?

A Tennessee medical malpractice claim, now called a "health care liability action," should only be filed by a lawyer experienced in health care liability litigation. I would never recommend that a non-lawyer file such a case.

There are many, many reasons for this, not the least of which are that way that one files a lawsuit against a health care provider. Health care providers have persuaded the Tennessee General Assembly to erect artificial barriers to lawsuits against them. A couple of those barriers have to do with how the lawsuit is initiated. First, almost always pre-lawsuit notice must be given to the health car provider in a very specific way. Second, when the lawsuit is filed a "certificate of good faith" must be filed. Once again, Tennessee law has very specific requirements for a certificate of good faith.

The failure to strictly comply with Tennessee law on these matters will result in dismissal of the case. Dismissal of the case will result in the imposition of financial sanctions against person who did not comply with the law by initiating the case.

October 9, 2012

Are Sellers of Defective Products Liable for Personal Injuries and Wrongful Death Caused by The Product?

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

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

exercised substantial control over that aspect of the design, testing, manufacture, packaging or labeling of the product that caused harm;

October 8, 2012

Jury Trial Results in Nashville and Davidson County, Tennessee for August 2012 in Personal Injury and Wrongful Death Cases

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

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.

October 7, 2012

Fungal Meningitis From Epidural Steroid Injections – Update

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

Here is the latest on the fungal meningitis outbreak first discovered in Nashville and now spreading to other states:

Seven people have died and 64 have been infected with fungal meningitis, presumably linked to an epidural steroid injection manufactured by a Massachusetts compounding pharmacy.
Cases of fungal meningitis have now been reported in Tennessee, Florida, North Carolina, Indiana, Michigan, Virginia, Maryland, Minnesota and Ohio.
The steroid was sold to health care facilities by New England Compounding Center in Framingham, Mass., a specialty pharmacy that has recalled three lots of the drug and shut down operations.
The steroid was shipped to 23 states and those states are now working with local health care providers to notify patients who received the medication.
A Kentucky judge is thought to be one of the first victims of fungal meningitis originating with contaminated steroids.
Click on the link to read about the potential liability of those involved in the fungal meningitis outbreak.
Click on the link to read about the damages recoverable under Tennessee law in the fungal meningitis cases and how those damages will be impacted by the tort reform legislation.
Click on the link to read the latest from the Centers for Disease Control on the fungal meningitis investigation.
This article from the Wall Street Journal provides some interesting information on compounding pharmacies such as the New England Compounding Center.
Tennessee regulations concerning the duty to maintain a sterile environment when compounding drugs.

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.

October 7, 2012

How to Hire A Tennessee Personal Injury and Wrongful Death Lawyer

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

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.

October 6, 2012

Fungal Meningitis From Steroid Injections – Update

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

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.

October 4, 2012

Fungal Meningitis Outbreak Update

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

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.

October 4, 2012

Deaths At Work and Worker’s Compensation Claims

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

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"

4,609 people were killed while at work.
This is equivalent to 3.5 of every 100,000 workers.
17% of the deaths were caused by violence in the workplace.
deaths in the private truck transportation area were up 14%
Fatal injuries among workers in the 20 – 24 age group were up 18%
143 workers were killed by fire or explosions.
120 Tennessee workers died on the job.
10 Tennessee workers died from fire or explosions

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.

October 3, 2012

The Difference Between “Economic Damages” and “Non-Economic Damages” in Tennessee Personal Injury and Wrongful Death Cases

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

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.

October 3, 2012

Meningitis Outbreak First Discovered in Tennessee Now Includes Virginia, Maryland, Florida and North Carolina

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

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.