Newsletter Navigation
- The Tennessee Legislature Sold Out To Big Business On Workers’ Compensation
- Ricky Boren Sworn In As TTLA President – Other Hill Boren Attorneys Named TTLA Officers
- Hill Boren Now Accepting Personal Bankruptcy Cases
- Hill Elected Delegate To Democratic National Convention
- TTLA Convention Key Notes
- Assisted Living Facilities – NOT Always What They Appear
- Fen-Phen Update
- Recent Settlements
The Tennessee Legislature Sold Out To Big Business On Workers’ Compensation
– But We’re Still Here For You
On May 20, 2004, the Tennessee legislature, under the direction of Governor Phil Bredesen, voted to severely limit workers’ compensation benefits saying it was good for business. What they didn’t say was that this move was bad for working people throughout Tennessee.Under the previous workers‘ compensation system, a worker who has a permanent medical impairment and who returned to work was able to receive workers’ compensation permanent disability benefits of 2.5 times his/her impairment. Under the new law, the benefits have been cut to 1.5 times the impairment.
This change lowers a worker's benefits by about 40 percent, saving companies an estimated $42 million a year.
The law did not stop at lowering your benefits, it will also force all injured workers to attempt mediation of their case before they are allowed to file a lawsuit to collect. Workers must go before a Department of Labor Workers‘ Compensation Specialist to resolve disputes and try to reach a settlement.
The two Senate Democratic leaders who sponsored the original bill, Joe Haynes and Ward Crutchfield, had problems with it. Senator Haynes, who called the bill in its final form "a poor excuse for workers' comp reform," eventually voted for it. Senator Crutchfield voted against it. He said it was a blow to Tennessee workers. Senator Haynes, a Goodlettsville attorney, also referred to the bill as "my baby, but it sure is ugly."
Hill Boren has been accepting workers’ compensation cases for 37 years and we will continue to do so. These new law changes are extremely confusing. If you have been injured at work and want to know how the new changes apply to you, please give us a call.
You may need a workers’ compensation lawyer now more than ever, and Hill Boren is still here for you.
Ricky Boren Sworn In As TTLA President –
Other Hill Boren Attorneys Named TTLA Officers
Ricky Boren of the Hill Boren Law Firm was sworn in as President of the Tennessee Association for Justice (TTLA) during the group’s 41st annual convention held in Nashville. Ricky is the second Hill Boren attorney to serve as presidenT. Robert Hill served as TTLA President in 1978-1979. Hill Boren attorneys Chris Taylor and Randall Phillips were also elected to key positions. Ricky Boren has previously served in various positions on the TTLA Board of Directors, including Vice President West. This year, in addition to being President, he will also be representing TTLA as a state delegate to the American Association for Justice (ATLA) Annual Convention.
A native of Jackson, Mr. Boren joined Hill Boren in 1979 and became a shareholder in 1982. He received his Bachelor of Arts degree with honors from the University of Tennessee, Knoxville and his Doctor of Jurisprudence from the University of Tennessee College of Law.
In addition to TTLA, Mr. Boren is a member of the American Association for Justice, the Tennessee and Jackson-Madison County Bar Associations and is a graduate of the National College of Trial Advocacy.
“Ricky is an active member in our association, attending national conventions and planning sessions, hosting local membership receptions and promoting our legislative agendas,” stated Suzanne Keith, TTLA Executive Director. “This year promises to be an exciting year with Ricky at the helm.”
Chris Taylor and Randall Phillips were elected to the TTLA Board of Governors. Chris Taylor will also be a TTLA delegate to the ATLA annual convention.
Chris Taylor, a graduate of the University of Tennessee College of Law, has been with Hill Boren since 1996 and became a shareholder in 2002. For the past five years, he has primarily handled cases in the firm’s Memphis office.
Mr. Taylor is a member of the American Association for Justice, the Tennessee Trial Lawyers of America, the Tennessee and Memphis Bar Associations, and the Jackson-Madison County Bar Association.
Randall Phillips has been with the firm for eight years and focuses much of his practice on medical malpractice, product liability and nursing home litigation. He graduated from the University of Tennessee College of Law and has an undergraduate degree from the University of North Carolina at Charlotte in Industrial/Organizational Psychology.
He is a member of the Tennessee Bar Association and the Jackson-Madison County Bar Association.
“It speaks well of our firm to have our lawyers elected to key positions within TTLA and to represent TTLA and our firm at a national level,” stressed Ricky Boren. “We are committed to protecting the rights of injured people through the work of our firm and through our membership in TTLA.”
The Tennessee Association for Justice works to protect the health and safety of families and working people, to enhance consumer protection and to preserve citizens’ right to trial by jury. The association is committed to improving the quality of legal representation for Tennesseans through legal education.
Hill Boren Now Accepting Personal Bankruptcy Cases
Hill Boren has a long, proud history of protecting the rights of working people. For this reason, Hill Boren law firm has now expanded our practice to include personal bankruptcy.Bankruptcy Basics
Federal bankruptcy laws are designed to provide a “fresh start” for individuals who are overburdened by debt. You may be eligible to immediately stop collection activities by your creditors and allow the bankruptcy court to set up a repayment plan or even discharge your debts entirely. Filing for bankruptcy is a drastic measure and should be used only when absolutely necessary. Our lawyers will discuss your situation and help determine whether bankruptcy is your best option.
Three of the most common reasons for filing personal bankruptcy are:
- Loss of employment
- Unexpected illness/excessive medical bills
- Divorce
While dealing with such problems, you may be struggling to make payments on a mortgage, rent, utilities, car loan, credit cards or other consumer debts. Creditors may be garnishing your wages, filing lawsuits against you, hiring collection agencies and making harassing phone calls.
Federal bankruptcy law provides two options which are commonly used by individuals: Chapter 7 (“straight bankruptcy”) or Chapter 13 (“reorganization”).
Chapter 7
Chapter 7 is a liquidation or “straight bankruptcy.” This type of bankruptcy is usually appropriate if you have no source of income and there is no possible way you can keep up with the payments on your debt. Upon filing, you will usually be allowed to keep the property you need for daily living, such as furniture, household goods, clothing, tools of your trade and a small amount of cash. You may be able to keep your house or a financed automobile if you can keep current on the payments. The bankruptcy court will then evaluate your remaining assets and determine if there is anything of value which must be turned over to your creditors. As long as the court finds that you have been honest and reported your property accurately, most debts will be discharged, and you will no longer owe money to those creditors.
Chapter 13
Chapter 13 is a reorganization or “wage earner” bankruptcy. This is available if you have regular income. It usually allows you to keep all of your property, if you are willing to set up a reasonable repayment plan and make regular payments. You will keep enough of your income for regular living expenses, but the remainder goes to the bankruptcy trustee for payment to your creditors. Your creditors will get paid from the bankruptcy court only and cannot contact you directly for money. Once you complete the repayment plan approved by the court, most remaining debts are discharged.
Automatic Stay
When a bankruptcy petition is filed, an “automatic stay” immediately goes into effect. Creditors are required to cease all collection activities. Any lawsuits filed against you will be suspended and creditors will not be allowed to contact you concerning your debt. Any creditor claiming a right to repossess an automobile or foreclose on a mortgage must get permission from the bankruptcy court before taking further action. The automatic stay keeps creditors from harassing you or taking your property while you work through the bankruptcy process.
The Next Step
Contact Hill Boren to discuss your bankruptcy case. Be prepared to provide basic facts and figures, including your current income and expenses, estimated total debt and estimated value of all your property and assets. If we determine that bankruptcy may be appropriate, we will schedule an appointment for you to meet with one of our lawyers. Chapter 7 cases require prepayment of attorney's fees and filing fees. With Chapter 13 cases, the attorney's fees and filing fees can be included in the repayment plan, so prepayment may not be required.
Hill Elected Delegate To Democratic National Convention
T. Robert Hill has been chosen by fellow Democrats to serve as one of Tennessee’s 84 delegates to the Democratic National Convention in Boston, Massachusetts. The convention, which begins July 26, will officially nominate John Kerry as the Democratic Candidate for President and will also help set the political platform for the Democratic Party. Frankie Wade is serving on the platform committee.TTLA Convention Key Notes
The annual convention of the Tennessee Association for Justice offers Hill Boren attorneys a chance to enhance their professional skills to better serve their clients. Robert Hill, Ricky Boren, Jeff Boyd, Randall Phillips, Shannon Toon, James Krenis, Chris Taylor and Greg Petrinjak attended the convention. Speakers included Mark Koseiradzki, a nationally recognized attorney who has served as lead counsel in multimillion dollar cases involving product liability, wrongful death, spinal cord injuries and burns; and, David Ball, President of Jury Watch, Inc who serves as a trial consultant and communications expert.Assisted Living Facilities – NOT Always What They Appear
As more Americans cope with aging, many turn to assisted living facilities as an alternative to nursing homes.Nursing homes have been charged with neglect and abuse for years. For some people, Assisted Living Facilities (ALF’s) offer a more appealing combination of privacy and care. Even though assisted living facilities generally don't provide 24-hour skilled medical care, they increasingly serve seniors who only a decade ago might have been in nursing homes.
In the brochures and marketing materials you see well-groomed, happy people having fun. However, life in these facilities is not always as glossy as the brochure.
These facilities often have overworked and under trained staff caring for residents who need to be in a higher skilled facility.
Because of the understaffing, ALF’s often do not provide the level of care promised by their brochure. Staffing deficiencies can lead to mishandled medications, pressure sores, malnutrition, delayed or misdiagnosis, weight loss, dehydration and even death.
The State of Tennessee regulates who may be admitted to an ALF, and determines when patients must be transferred to a higher skilled facility for more adequate care. Tennessee law clearly provides a list of situations where an ALF “shall not admit nor permit the continued stay” of a patient. Some of the conditions include: 1) requires physical or chemical restraints, 2) person is not able to communicate his/her needs, 3) the person requires intravenous injections or intravenous feedings, 4) the person requires sterile wound care or 5) the person requires extensive treatment of pressure sores.
A USA Today investigation of ALF’s recently uncovered some examples of people who have been injured or killed due to negligence:
- 91-year-old Vincenzia Rinaldi was mistakenly given another resident's prescription medication, leading to her death.
- An 85-year-old man choked to death in Brookside Gables, a now-closed facility in Milton, Fla., where state inspectors said the lone staffer on duty lacked mandatory training in lifesaving.
- Despite warnings from a medical clinic, Donald Maker was overmedicated with Coumadin, a blood-thinning drug. He died as a result.
"The assisted living industry in many ways is a disaster waiting to happen," stated Rick Harris, past president of the Association of Health Facility Survey Agencies, an organization of state regulators.
If one of your loved ones has been seriously injured or has died as a result of negligence in an Assisted Living Facilities do not hesitate to call us. We have the experience and resources to help you in your case.
Fen-Phen Update
Several events have occurred in the last few months that could favorably impact our Fen-Phen cases. Maybe the “doom and gloom” of the past two years is lifting a little.A federal appeals court recently overruled a lower court ruling that had limited the availability of evidence relating to heart valve damage cases. As a result, evidence that Wyeth, the maker of Fen-Phen, destroyed documents, didn’t report heart valve problems to the Food and Drug Administration and fought against warning labels, can now be presented in court subject to the approval of state court judges.
Upon hearing the news of the appeals court ruling, Wyeth quickly settled a case in Gilmer, Texas for an undisclosed amount.
Wyeth has paid out about $1 billion from the $2.7 billion settlement trust set up in 1999 to compensate people who took Pondimin or Redux and to settle the class action lawsuit. Only a few claims have been paid in the last two years as Wyeth viciously attacked every claim filed with the trust and defended all opt out cases.
“Personal Injury lawyers were trying cases with both hands tied behind their back and juries weren’t hearing all the facts,” said Robert Hill. “This decision is great news for our clients.”
In other Fen-Phen related news, a Texas judge upheld a $1 billion jury verdict against the maker of Fen-Phen that found one of the drugs was linked to a woman’s death from a fatal lung disease (PPH). This is the first verdict against the company involving a case that claimed the drug caused lung damage.
Hill Boren will be evaluating each of its open Fen-Phen cases to see how the recent events affect each individual case. We will be meeting with each of our clients over the next few months to prepare their cases for the litigation.
Recent Settlements
Jeff Boyd recently settled a case for $260,000. His client, who was a paraplegic, developed a pressure sore on his hip. The sore became infected and amputation of the leg at the hip was necessary.A 46-year-old Hill Boren client sustained a gradual occurring injury to his back while lifting at work. Prior to the back injury, she had carpal tunnel syndrome that was also work related. Her two subsequent back surgeries resulted in her having to use wheelchair. The client was awarded permanent total disability at trial which resulted in an award over her lifetime equal to approximately $476,000. Jeff Boyd represented the client.
Jeff Boyd represented a 72-year-old pedestrian who was struck by a van while crossing street. The van operator was on his cell phone and did not see the client. The case settled for $65,000.
An employee injured his shoulder at work which required rotator cuff surgery. Jeff Boyd settled the case for $44,986.
John Hamilton represented a 47 year-old man who developed carpel tunnel syndrome in both hands and had surgery on both hands. The treating physician gave him a 20% disability rating to both hands. The workers' compensation insurance carrier requested and was granted an independent medical evaluation. This evaluation also produced a 20% rating. The case settled for $45,000 prior to trial.
A truck driver developed a non-surgical herniated disc in his lower back from a defective seat in the cab of his truck. The treating doctor related the back symptoms to the defective seat. John Hamilton settled the case for $25,000.
James Krenis represented a jailer who had a repetitive injury as a result of his constant locking and unlocking doors. The case was settled for $29,000.
James Krenis also settled a case where a seasonal employee struck his head on a steel tank, suffering vertigo and other brain difficulties. A settlement was reach for 13% impairment to body as a whole, and future medicals related to the injury to be paid for by the employer.
Greg Petrinjak represented a client in the medical profession who injured her finger while lifting a patient. She underwent surgery and later developed a staph infection in her hand. As a result of the infection, the finger was amputated and she suffered a significant loss of function in her hand. The case was recently settled for $28,940, plus lifetime future medical benefits.
Greg Petrinjak represented a cafeteria worker who injured her shoulder at work. The employer refused to provide workers’ compensation benefits. After surgery was performed, two different doctors agreed that the client had permanent residual problems in her shoulder. The employer agreed to settle for $27,000.
Greg Petrinjak represented a young lady who injured her knee in an automobile accident. She underwent surgery and made a fairly good recovery, but had significant medical bills. The case was recently settled for $25,000, the defendant's insurance policy limits.
Greg Petrinjak recently represented a restaurant worker who hurt his shoulder unloading a supply truck at work. The case went to trial and the judge made an award of 35% disability to the body, which represents the highest percentage the court could have awarded on the facts of the case. The employer has appealed this case to the Tennessee Court of Appeals.
