Death Decisions: A Lesson from Recent Events

For over 35 years, Hill Boren has been involved in our community. We care about what happens to our family and our friends. Hill Boren does not want anyone to unnecessarily suffer the anxiety that can be associated with end of life decisions.

The Terry Schiavo family endured the agony of a public battle over an end of life decision that could and should have been made by Terry Schiavo.

You can avoid this kind of family tragedy by executing an Advance Care Plan.

The Advance Care Plan is a legal document that expresses your wishes regarding life-prolonging medical treatments. It spells out specific treatments that an individual wants or does not want when suffering from a terminal illness or in a permanent vegetative state.

An Advance Care Plan also designates a friend or family member as your “healthcare agent” in case you are unable to make medical decisions for yourself. Your designee can oversee the wishes you've set out in your Advance Care Plan and make other necessary health care decisions.

No one knows what tomorrow holds but an Advance Care Plan spares family and friends the anguish of having to guess what to do, in a situation where they were already dealing with the pain of the illness and loss.

Faulty Anti-lock Brakes On ‘99 - ’02 GM Trucks And SUVs

The government is investigating more than 1.2 million General Motors Corp. pickup trucks and sport utility vehicles for faulty anti-lock brakes. The National Highway Traffic Safety Administration (NHTSA) has attributed nearly two dozen crashes due to the faulty braking system.

The NHTSA said that a build up of corrosion increases the distance required to stop when the brakes are applied. In some cases, the build up of corrosion led to unwanted activation of the brake system.

The investigation involves GM trucks and SUV’s from the 1999-2002 model years. The vehicles include: GMC Tahoe, GMC Yukon Denali, GMC Yukon XL, GMC Yukon XL Denali, Chevrolet Avalanche, Chevrolet Silverado, Chevrolet Suburban, Cadillac Escalade and Cadillac EXT.

Don’t Be Misled: You Need A Lawyer In A Serious Workers’ Compensation Case

Serious on-the-job injuries such as a heart attack, back injury or loss of an arm or leg mean long-term medical needs and that you may never work again. A lawyer experienced in these types of cases can make sure that your rights are protected and that you get the proper benefits.

Benefits from Workers’ Compensation and Social Security are set up to cover your living and medical expenses if a job ending injury occurs. The process can get complicated, and the insurance companies often do not offer a fair settlement. So if you have been seriously injured at work, get the help of an experienced law firm.

Hill Boren attorneys will:
• Make sure that you don't lose your benefits because
of paperwork errors between the doctor, company and
their insurance.

• Evaluate your case to help determine its worth to
ensure that the insurance company is paying you a
correct and fair amount.

• Help you make decisions such as whether you should
accept future medical (future payment of all injury
related medical expenses) or a cash payment.

• See that you are treated fairly at any "Benefit Review
Conference."

• Advise you of the possible financial implications of a
Tennessee workers' compensation settlement on
social security benefits and other claims and help
process those additional claims.

If you have been seriously injured on the job, it is important that you contact us immediately. If your case is not filed within one year of your injury or one year from the time you knew your injury was permanent, you may lose any right to make a Tennessee workers' compensation claim. Many workers' compensation claims are settled without filing suit, but filing the case may be necessary to protect your claim. Call Hill Boren today, we’re here to help and we know how.

Pressure Sores In Nursing Homes Continue To Be A Problem

In 2002, a new grading system for nursing homes was put into effect in an effort to measure and improve quality. While some areas of care have improved, the frequency of pressure or bed sores has increased over the last two years.

Pressure sores are painful and often deadly problems that are avoidable. These ulcers result when residents,
whose skin is fragile, eat poorly, drink too little water, do not move about, or are left in clothes wet from urine.

On page 5 of this newsletter, we detail three recent cases where patients from area nursing homes suffered from multiple, severe bed sores and died as a result.

Nursing homes and assisted living facilities should be held accountable for their negligence. Pressure sores, malnutrition, dehydration, falls and burns are preventable. If a loved one has pressure sores from malnutrition or shows other signs of neglect, contact Hill Boren for a free consultation.

Tamara Hill is an attorney and a registered nurse. Prior to becoming a lawyer, she served as director of nursing at an area nursing home.

Hill Boren Supports Jackson’s Youth

The Boys & Girls Club of Jackson raised $45,000 at the 21 Annual Steak and Burger Dinner held May 9th. Robert Hill, Frankie Wade and the Hill Boren Law Firm were key sponsors of the event. The money raised will provide after school programming and services for the youth of Jackson. Mike Keith, better known as The Voice of the Titans, was the guest speaker.

Vioxx Update: New Documents Reveal Aggressive Tactics By Merck

Hill Boren has filed 17 Vioxx cases in area courts with more to follow in coming months. The basis of our complaints has been strengthened with the release of hundreds of confidential documents from the manufacturer, Merck & Co.

Since VIOXX was pulled from the market on September 30, 2004, the House Government Reform Committee has been conducting closed door investigation sessions with the executives from Merck in order to determine the dangers of VIOXX.

This week a new twist developed when documents disclosed by the committee revealed that over 3000 of Merck’s trained sales representatives pushed the multibillion-dollar drug on prescribing physicians without disclosing all of the cardiovascular risks. Although the Merck representatives knew that drug regulators were about to increase warnings on the drug labels, they continued to aggressively market VIOXX.

It was disclosed that the sales representatives were compensated with $2,000 bonuses for achieving their sales goals and they were specifically trained to counter any physician concerns by suggesting that VIOXX was safer than any other anti-inflammatory drug on the market when the studies were already showing this claim to be untrue.

If you or someone you know has suffered a stroke or heart attack while taking VIOXX, call the office of Hill Boren for a free VIOXX consultation. We believe the deadline for filing claims is September 30, 2005.

Family Hurt In 18-Wheeler Crash Awarded $1.5 Million

A Madison County Circuit Court jury awarded a Texas family $1.51 million for injuries related to a car crash on Interstate 40. The crash, which occurred near mile marker 86 just outside Jackson in August 2002, involved their vehicle and two semi-trucks, one owned by J.B. Hunt and the other owned by Flannery and Sons. Hill Boren attorney Jeff Boyd handled the case along with co-counsel Jim Morris of Provost & Umphrey Law Firm in Beaumont, Texas.

Family members, Brian Knight, David Dudley and Michael Dudley, were traveling from Virginia back to their home in Alvin, Texas when they entered a construction zone. After slowing to a complete stop, their vehicle was sideswiped by the J.B. Hunt truck and then rear-ended by a truck owned by Flannery and Sons. Both truck drivers were cited by the Tennessee Highway Patrol for following too closely.

Boyd stated the family members were hospitalized with severe injuries and “lucky to be alive.”

Jeff Boyd holds a Bachelors Degree and Masters Degree in Business Administration from the University of Mississippi. Boyd received his Juris Doctorate in 1994 from the Cumberland School of Law at Samford University in Birmingham, Alabama and has been an attorney with Hill Boren since November of 2001.

40 Tons Of Danger - Big Truck Crashes Cause Big Problems

Construction on our interstates and highways is a constant hassle for motorists. Long-haul truckers rushing to meet their deadlines also have to deal with the same dangers and delays. The combination of construction and a 40-ton truck can often be dangerous for other motorists (See article above).

Nearly 500,000 large trucks are involved in traffic accidents in the United States each year. People involved in these accidents often find that they have three times the problems than in less serious car accident cases. They usually have more damage to their vehicle and more serious injuries to themselves. They are also up against large insurance companies and the large corporation that owns the truck.

Having an experienced law firm is critical. You need someone who can stand up to the large corporations and their financial resources.

It may not be the first thing you think about when you or your family is hurt, but contacting a lawyer quickly is important. Evidence and important documents such as the truck driver’s log must be collected right away.

If someone you know is in an accident with an 18-wheeler, advise them to contact a lawyer as soon as possible. With our years of experience in these types of cases, Hill Boren can quickly swing into action.

Recent Settlements

Nursing Home Neglect

Robert Hill and Tamara Hill reached a substantial confidential settlement with a West Tennessee area nursing home involving an Alzheimer’s patient who died as a result of an infected bedsore. Hill Boren was assisted by The Rusk Law Firm of Austin, Texas.

Robert Hill also recently settled a case with a Mid-South nursing home. The case involved a resident who was repeatedly neglected resulting in recurrent, severe dehydration and malnutrition. The resident developed multiple bedsores which eventually led to her death. Tamara Hill assisted with the trial preparation. The Rusk Law Firm assisted with the trial.

Robert Hill reached a large confidential settlement on behalf of the family of a nursing home resident. The facility failed to properly feed a resident who became extremely thin and developed so many bedsores that upon his death, the funeral home documented by videotape the condition in which they received his body. The case settled before trial.

In December 2004, Robert Hill and Tamara Hill reached a substantial confidential settlement with a Tennessee nursing home. The case involved a resident who suffered with scabies (itch mites) for over two months. This resident also suffered an unexplained fracture at the facility and never recovered from the injuries.

Automobile Accident
A minor sustained a serious broken arm in car crash. He endured two surgeries due to the injuries and incurred approximately $19,000 in medical charges. The case was settled for $150,000. Jeff Boyd represented the client.

John Hamilton represented a lady who was struck head-on by a negligent driver. She suffered a fracture to her wrist. The case settled for the defendant driver's policy limit of $50,000.

Greg Petrinjak represented a young lady who broke her foot in a car accident in Henderson County. The crash occurred at a confusing three-way intersection with no stop signs. Mr. Petrinjak argued that proper use of stop signs would have prevented this accident. Ultimately, the county settled the case for $42,500.

An $85,000 settlement was reached by Greg Petrinjak. The client suffered a broken arm when a vehicle backed into her, knocking her to the ground. She underwent surgery to her elbow and missed work during a lengthy recovery period.

Workers’ Compensation
Jeff Boyd recently represented a truck driver who slipped and fell out of his truck sustaining a herniated disc in his neck. Following surgery, he recovered and returned to work. The case settled for 50% to the body as a whole which equated to $107,738.

Jeff Boyd represented an insulation installer who sustained a heart attack while at work. The defense expert witness testified that the heart attack was caused by work and the medical impairment was between 30-49% to the body. The plaintiff's expert testified that medical impairment was between 50-100% to the body. The plaintiff had returned to the same job as an insulation installer. The court found the plaintiff to have 75% medical impairment and a 95% body-as-a-whole vocational disability. The award was $154,517.10.

Greg Petrinjak represented a lady who developed a severe case of carpal tunnel syndrome while working on an assembly line using air tools. Even after surgery, her condition was so bad that the doctors told her she should not return to work. As a result of these injuries, the client has very little use of her hands. The case settled for $141,702.40.

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