Newsletter Navigation
- ATLA Conference Update
- Sulzer Recall
- Nursing Home Litigation
- Riverboat Injuries/Jones Act
- Hill Boren Offers Services to Hispanics in Spanish
- Nosotros nos especialisamos en los casos de la comunidad Hispana.
- Hill Boren Welcomes New Staff Members
- Sulzer Orthopedics Recalls Hip Implants
- How Lawsuits Save Lives
- John Hamilton Joins the Firm
ATLA Conference Update
Several of us from Hill Boren recently attended an American Trial Lawyer's Association Conference in New Orleans, Louisiana. Those attending the conference were Ricky Boren, Frankie Wade and myself. We visited several sessions that discussed topics that are beneficial to you, and I wanted to share a few of those with you.
Sulzer Recall
Sulzer Orthopedics has recalled 17,500 hip implants. An oil residue negligently left on the hip implant socket during manufacturing can prevent the bone from bonding with the implant resulting in disability and severe chronic pain. Additional hip replacement surgery has been required in hundreds of cases. For more information, see the article on Page 3.
Nursing Home Litigation
Nearly forty-three percent of the U.S. population now sixty-five or older will reside in nursing homes before they die. Of that forty-three percent, nearly twenty percent will spend more than five years in a nursing home. By the year 2020 it is estimated that approximately 5.8 million Americans will need long-term care. As a result, instances of abuse and neglect are expected to rise. In cases that involve abuse or neglect in nursing homes, it is crucial that everything is properly documented whether it is in writing or with photographs and videotape. Some signs of abuse or neglect include rapid weight loss, development of bedsores, broken bones, or unexplained falls.
Riverboat Injuries/Jones Act
The Jones Act is a federal law that provides for benefits to workers who are injured on seagoing vessels, including those on the Mississippi River. Benefits include daily pay to workers who are unable to work pursuant to doctor's orders and medical expenses. Workers may be entitled to settlements if the owner/operator of the vessel is negligent or the accident was caused by the malfunction of the ship. Injured workers that could be covered under the Jones Act should be careful about making claims under workers' compensation or similar laws. It is possible to lose Jones Act rights if the worker elects benefits under other such laws. A Jones Act claim must generally be brought within three years of the injury. Because filing the claim properly is essential, you should always consult with an attorney first.
We enjoy attending conferences like the recent one in New Orleans. We feel that it gives us a chance to learn from our peers and improve our service to you. Do not hesitate to call on us if you have any additional questions about the topics covered.
Hill Boren Offers Services to Hispanics in Spanish
Recognizing that the Hispanic population is growing in Tennessee, we have established a legal team that specializes in the unique needs of the Hispanic community. Lawyer Paul T. Nicks and Hispanic consultant Lorena Muñoz are currently investigating several potential cases in the West Tennessee area.
Paul Nicks has been with Hill Boren since 1990 and brings extensive legal experience to the Hispanic community. Mr. Nicks is a member of the American Association for Justice, the Tennessee Association for Justice, the American Bar Association, the Jackson-Madison County Bar Association and Who's Who in American Law.
Paul has already successfully represented a Latino in a personal injury case. The client was injured on a construction site and left permanently paralyzed from the waist down. As a result of his injuries, the client was awarded $731,000 in compensation and awarded full disability.
"That case really opened our eyes to the needs of the area's Hispanic population. More and more Hispanics are coming to the area to live and work. Because of the language barrier, they often do not receive fair representation. With Lorena on board, who is fluent in both Spanish and English, we hope to bridge the language and cultural gap," Mr. Nicks stated.
Lorena Muñoz is the youngest of two children of Mexican parents. She has always been active in the Hispanic community. In California, she has worked as a translator and did outreach for the migrant families. She graduated from Tokay High School in Lodi, California and graduated from the University of the Pacific with a degree in International Relations. Her experience with the Hispanic community and her knowledge of International Relations will be an asset to the firm.
We are marketing our services to let the Hispanic people know that legal help is available. We are currently running radio commercials on Hispanic stations in the Jackson area on WNWS-AM 1520 and the Memphis area on WGSF-AM 1030. We also have an advertisement in the Hispanic newspaper La Prensa Latina. A listing in Paginas Amarillos (Yellow Pages) will be available in June and distributed throughout West Tennessee.
Free and confidential legal consultations in Spanish are available by calling toll free at 1-800-727-0622.
Nosotros nos especialisamos en los casos de la comunidad Hispana.
El Sr. Nicks ya a representado con resulatados buenos a un cliente al quien se le gano 731,000 por una lesion de trabajo.
Si Uds. O alguien que usted conoce a sido lesionado en el trabajo o en un accidente autombilistico, llamenos a este numero que es gratìs
1-800-727-0622.
Estan disponsibles las consultas legales en cofidencia y en Español.
Hill Boren Welcomes New Staff Members
Hill Boren has recently added several new employees to the Jackson and Memphis offices. We gladly welcome them.
Christian "Chris" Austin - legal assistant
Mindy Brann - clerical assistant/runner
Jennifer Carter - legal assistant to John D. Hamilton
Amy Cummings - receptionist, Jackson Office
Hazel Gatewood - receptionist, Memphis Office
John D. Hamilton - firm attorney
Rita "Lorena" Muñoz - legal assistant to Paul T. Nicks
Sulzer Orthopedics Recalls Hip Implants
In early December of last year, Sulzer Orthopedics recalled Inter-Op acetabular shell for hip implants. The defective product has been on the market since 1997. Approximately 25,000 products and 17,500 hip implants already in patients are subject to the recall. As a result, some patients will require a second and even a third surgery to replace and correct the defective implant.
The socket portion of the implant was determined to have an oil residue that was improperly sprayed on the hip shells during the manufacturing process. This residue prevents the artificial hip socket from adhering to the patient's bone. Loosening of the joint then occurs causing extreme pain and in over a hundred cases corrective surgery was required. "It is not the fault of the surgeon, nor the fault of the patient. It is ultimately the fault of one of our products," explained Sulzer General Manager Steven Whitlock.
The American Academy of Orthopedic Surgeons reported that around 310,000 people in the United States undergo partial or full hip replacement each year. Sulzer products are used in over one-fifth of all hip replacements.
If you or a family member has had hip replacement since 1997 and have been experiencing pain in your inner thigh or groin and have difficulty rising from a seating position, you need to consult your doctor immediately. Your doctor will be able to determine whether your hip replacement is covered by the recall.
If it is determined that your hip shell was defective, contact Hill Boren immediately. Prompt action is required due to the statute of limitations of one year. We are currently investigating cases involving these defective implants and would like to help you or your family.
How Lawsuits Save Lives
In the previous issue of this newsletter, we discussed the important role trial lawyers played in American history. To continue that theme, we want to explain the important role that trial lawyers play in the lives of everyday Americans.
Lawsuits brought by injured consumers with the help of trial lawyers have saved countless lives and prevented numerous injuries. A recent study conducted by the Center for Justice and Democracy examined over 80 personal injury lawsuits that helped lead to major safety improvements and in turn benefited all Americans.
This study "stands as refutable evidence that . . . lawsuits save lives and we as a society suffer tremendously if our civil justice system were weakened in any significant respect," stated Joanne Doroshow, Executive Director of the Center for Justice and Democracy.
Among the cases examined in the study are the following:
- A 23-month old baby suffered permanent brain damage and paralysis after his shirt twisted on his crib's corner-post knob causing him to choke. As a result of the case, the crib can no longer be made or sold.
- A 79-year old woman was crushed to death by lumber and merchandise from a home improvement store. The case resulted in the chain of stores reevaluating and improving their merchandise stacking policies.
- A 41-year old cancer patient died after receiving a chemotherapy dosage four times the correct amount. Following the case, the hospital enacted new policies monitoring the medication orders by doctors and nurses.
- A running escalator in a Philadelphia subway station tore off the foot of a child. The case caused the transit authority to fix all broken escalators and to change the way it handled its accident investigations.
- A 78-year old woman, admitted to a nursing home for a short-term hip and wrist rehabilitation, died after suffering severe sores, malnourishment and dehydration. As part of the settlement, the company changed its patient monitoring and procedures in each of its 65 nursing homes.
These cases are just a small sample of the true impact lawsuits and the work of trial lawyers have on society. Lawsuits have benefited countless Americans by causing the recall or redesign of a product, establishment of new and improved hospital policies, and the creation of a safer workplace and a cleaner environment.
John Hamilton Joins the Firm
Hill Boren is pleased to welcome John D. Hamilton to our firm. John is familiar with West Tennessee. He was born in Selmer, but later moved to Middle Tennessee. He came back to the area to attend Lambuth University where he played football and graduated in 1990. "Coming back to West Tennessee was a real thrill for me. I loved my years at Lambuth and I am excited about being back in the area, " John affirmed.
He completed law school at the Nashville School of Law in 1997. Following law school, he went on to work with Daniel Fermon in Lawrence County and with Keaton, Turner and Spitzer in Lewis County.
John feels joining Hill Boren was the perfect fit for him. "Hill Boren has always been known for helping working people and I am proud to be a part of their team."
John is a member of the Tennessee Trial Lawyer's Association, the Tennessee Bar Association and the Jackson-Madison County Bar Association. He is also a Tennessee Secondary Schools Athletic Association certified referee in basketball and football and enjoys officiating high school ball games. His other hobbies include reading and supporting Lambuth athletics.
