Tennessee Injury Law Center

October 3, 2012

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

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.

October 2, 2012

Latest Update on the Meningitis Outbreak Linked to Epidural Steriod Injections

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

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.

October 2, 2012

Meningitis Outbreak Related to Lumbar Epidural Steroid Injections Spreads to Crossville, Tennessee

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

Two patients from the Specialty Surgery Center in Crossville, Tennessee have contracted fungal meningitis, according to a recent report of the Tennessee Department of Health as reported by Channel 2 News.

The facility has stopped performing lumbar steroid injections but has not been closed.

Earlier news reports indicated that the outbreak was limited to three facilities in Tennessee, with the Saint Thomas Outpatient Neurosurgery Center identified as first facility. Two patients from Saint Thomas have died because of the infection. The third facility has not been identified.

October 2, 2012

Why Has My Health Insurance Company Sent Me A Form Asking Me About Whether I Was in An Accident?

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

Health insurance companies know that certain types of injuries are often caused by trauma, and that trauma many times is caused by the negligence of one or more people other than the person who has hurt.

So, when a health insurance company is presented with a claim that involves an injury that it believes may be related to trauma, it sends out a questionaire trying to figure out the circumstances giving rise to the claim and whether a personal injury claim will be made.

And why do insurance companies do that? Because most health insurance policies have a contractual provision called "subrogation" or "reimbursement" that gives them the right to be repaid in the event that a liability settlement is reached for the injury that required payment of health insurance benefits.

October 1, 2012

Meningitis Outbreak at Saint Thomas Hospital in Nashville

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

Local news outlets are reporting that some eleven patients who had lumbar epidural steroid injections at Nashville’s Saint Hospital have contracted meningitis.

Meningitis is an inflammation of the meninges, which is the membrane surrounding your brain and spinal cord. Usually meningitis is caused by a viral infection, but it can also be caused by bacterial or fungal infections. Meningitis can be deadly, and news reports indicate that two people have died from meningitis contracted at the Saint Thomas Outpatient Neurosurgery Center.

The Center was voluntarily closed on September 20, 2012. A total of 737 patients who had lumbar epidural steroid injections between July 30, 2012 and September 20, 2012 have been notified .

October 1, 2012

More Information on Meningitis Outbreak at Saint Thomas Hospital in Nashville

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

An updated article in The Tennessean reveals that the meningitis outbreak at the Saint Thomas Outpatient Neurosurgery Clinic was caused by a fungus.

Some eleven patients have contracted a strain of fungal meningitis – all of them received epidural steroid injections at the Outpatient Neurosurgery Clinic between July 30 and September 20, 2012.

There is some evidence that pain-relieving injections themselves may be to blame in this case. The Tennessee Department of Health has indicated that the injections have been recalled and that patients in more than a dozen other states could be affected. One patient in another state allegedly contracted meningitis after receiving a epidural steroid injection.

October 1, 2012

Liability When Dogs Attack Bicyclists in Tennessee

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

A dog presents a real hazard to bicyclists. A dog can attack the bicyclist, or the bicycle, and cause a crash. An attacking dog can cause the bicyclist to swerve, running off the road into a ditch or into the road and a passing car. And, when you fall on a bicycle, particularly if you are traveling at a high speed, you will be very fortunate if you avoid serious injuries. (Clink on the link for more information about Tennessee dog bite or dog attack cases.)

Tennessee law provides that a dog owner has the responsibility to keep that dog under reasonable control at all times and to keep that dog from running at large. "Running at large" specifically includes a dog going uncontrolled on a public highway or street.

A dog owner who does not keep the dog from running at large is responsible for any damages suffered by a person who is injured by the dog if the dog is in a public place or lawfully in or on the private property of someone else. Liability is imposed in these circumstances even if the dog has never shown any dangerous propensities or whether the dog’s owner knew or should have known of the dog’s dangerous propensities.

September 30, 2012

Why Tennessee Auto Accident Victims Have to Repay Health Insurers Who Paid Medical Bills For Injuries

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

One question frequently asked by our Tennessee automobile accident clients is why they have to repay their health insurance company out of any settlement they receive in their automobile accident claim. The clients feel that they have paid for the health insurance for many years and, when they have to use it to pay medical bills arising from a car accident, the health insurance company wants its money back. It seems unfair.

The reason that repayment of some amount is often necessary is because the health insurance contract has a “subrogation” or “reimbursement” provision that requires repayment if you get a settlement of a personal injury case and the bills were incurred because of the injury covered by the settlement. The power your insurance company has to enforce this provision depends on how it is written, whether it is governed by state or federal law, and other factors.

These provisions in health insurance contracts are now commonplace. Indeed, it is the rare health insurance contract that does not have such a provision. The laws that govern Medicare and Tenncare have similar provisions.

September 29, 2012

Can A Tennessee Landlord Be Held Liable When a Tenant’s Dog Attacks and Injures Another?

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

Under Tennessee law the responsibility of a landlord for dog bites or other attacks by dogs owned by the landlord’s tenant depends on the facts of the case.

The landlord is responsible only if he, she or it knew or had notice of the vicious propensity of the tenant’s dog and the landlord had sufficient control of the leased premises to require the tenant to remove the dog or safety restrain it.

Control can be demonstrated by provisions in leases that give the landlord the right to evict if the tenant engages in "dangerous" activities or "inappropriate" activities. Control can also be demonstrated in the lease gives the landlord the right to allow or disallow the keeping of a pet.