Newsletter Navigation
- Poisoning: Food Safety Role
- Finding the Right Nursing Home
- Worker’s Comp Rights
- Recent Settlements
- Vioxx Settlement
- Falling Merchandise
Poisoning: Food Safety Role
The most important role that Hill Boren attorneys play in our society is that of consumer “guard dog.” Our attorneys fulfill this responsibility when they respond to a risk that endangers people’s lives by filing lawsuits that hold corporate and individual wrongdoers accountable for their negligence.
For example, the pharmaceutical giant Wyeth made billions of dollars from the diet drug, Fen-phen. When medical science found that Fen-phen caused serious heart damage in some patients, Wyeth was forced to pay billions of dollars in compensation to the injured consumers. The maker of the pain medication, Vioxx, has just announced a $4.85 billion dollar settlement for injuries and deaths caused by their drug.
PIZZAS TO PEANUT BUTTER
Now Hill Boren is responding to a rash of recalls involving our food supply. Our office is currently investigating several serious food poisoning cases involving deadly bacteria found in frozen pizza and peanut butter. The illnesses caused by eating food contaminated with salmonella or E. coli can be deadly.
PIZZA RECALL
In late October, almost five million Totino’s and Jeno’s pepperoni pizzas were recalled by General Mills, Inc. because the pepperoni may be contaminated with E. coli. The possible E. coli contamination was uncovered by state and federal authorities investigating 21 E. coli related illnesses in 10 states, including Tennessee.
E. coli 0157:H7 is a potentially deadly bacteria that can cause bloody diarrhea and dehydration. The very young and very old are especially vulnerable to food contaminated with this deadly bacteria.If you purchased a Jeno or Totino’s pepperoni pizza in the last year, throw it away. Do not eat it. It could be contaminated. For more information, go to our website: www.hillboren.com.
PEANUT BUTTER RECALL
Salmonella is one of the most common bacterial infections in the U.S. There are 1.4 million reported cases of salmonellosis in the U.S. every year: 95% are food borne illnesses. It is estimated, that 500 to 1000 salmonella cases a year in the U.S. result in death. The most common source of salmonella food poisoning includes raw or undercooked eggs, contaminated water, meat products and poultry.
Earlier this year, millions of jars of peanut butter produced by ConAgra, a huge corporate conglomerate, were recalled because of salmonella contamination. Many “peanut butter” lovers became extremely ill after eating the contaminated peanut butter. It is believed that some died from the bacteria caused illnesses. The two largest brands affected were Wal-Mart’s Great Value and Peter Pan. For more information, go to www.hillboren.com or www.fda.gov.
Hill Boren lawyers are investigating other food related illnesses involving canned meats and fried chicken. We will investigate any food poisoning case that resulted in lengthy hospitalization or death. Call us. We’re here to help and we know how.
Finding the Right Nursing Home: Where do you start?
By: Tamara Hill
Finding the right nursing home for a parent or loved one who requires 24-hour supervision and care can be a difficult task, but there are several resources that can make it easier. For those with access to the internet, there are several sites that can be of assistance. One such site is www.memberofthefamily.net/usregistry.htm. This site contains a nursing home registry and watch list for all 50 states and gives information regarding survey ratings, complaint information and reports of repeat violations.
The state of Tennessee also has a website that can provide consumers with useful information to aid in the selection of a nursing home for their loved one. It is http://health.state.tn.us/HCF/index.htm. Medicare also offers a website that can be used to compare local area nursing homes at www.medicare.gov/NHCompare.
Armed with the information from one or more of these websites, you should visit any nursing home you are considering. Take care to look at more than just the nice walls, floors and gardens of a facility. The lobby may be pretty, along with the other common areas, but the most important aspect is the level of care that is provided.
Ask to see a typical room. Observe the staff and residents as you walk around the facility. Are residents lined up in wheelchairs in the hall? Are residents cleanly and neatly dressed or are they in hospital gowns? Are linen carts covered? Is there dirty laundry in the floor? Are trays sitting uncovered and untouched? Are there activities going on? Do you see staff in the hallways? Nurses out and about? If there is an odor when you first walk down a hall, is it still there 15 minutes later? Are the floors clean?
As a former Director of Nursing for a nursing home I advise you to carefully investigate the nursing home you choose. In the unfortunate event that your loved one is injured in a nursing home because of abuse or neglect, call me. I can help evaluate your potential claim.
Know your Worker’s Comp Rights
By: Shannon Toon
Almost all employers in Tennessee that have more than five employees are required to carry worker's compensation insurance. If you are injured on the job, you have rights under Tennessee law rights that are often ignored by the employer
Benefits
Under the workers’ compensation laws of the State of Tennessee, you are entitled to three types of benefits:
- Medical benefits
- Temporary disability benefits while your doctor has you off work or on restrictions your employer cannot accommodate
- Permanent disability benefits if the injury causes a perma-nent medical condition
Temporary and permanent disabilities are based to a large degree on your average weekly wage, so it's difficult to figure benefits except on a case by case basis.
Making A Claim
If you are injured on the job and wish to make a worker's compensation claim, you should take the following steps:
- Immediately notify your supervisor of your work-related injury
- Insist that an Employer's First Report of Injury be completed
- Insist that you be provided with a panel of three doctors, from which you have the privilege of choosing your treating physician
- Give no statements to anyone, recorded or otherwise, until speaking with an attorney
- Contact an attorney who specializes in worker's compensation cases
Often, worker's compensation cases can be settled prior to filing a lawsuit. Get an experienced attorney on board early. The attorneys and staff at Hill Boren have decades of experience and success in fighting employers and insurance companies. Please feel free to contact one of our offices for a free consultation and evaluation.
Recent Settlements
Shannon L. Toon represented a 65-year old maintenance man who slipped and fell, fracturing his left ankle. Surgery was performed and he was ultimately returned to work without restrictions. Case settled before trial for $51,619.77.
Slip & fall at dress shop yields $25,000 out of court settlement. James Krenis represented an older woman who stepped up a single step to a dressing room area to help her granddaughter try on a prom dress. She fell coming back down the step, fracturing her shoulder. There was no handrail, warning sign or other marking by the step.
Chris Taylor represented a 51-year old truck driver that was injured while tarping a truck when he lost his balance, falling and suffering an injury to his leg. The driver had to have surgery on his leg. Combined with his preexisting polio and lower back injuries, the driver was unable to return to work driving a truck. At trial, the court held that the driver was permanently and totally disabled, awarding him $553,784. The driver will receive lifetime future medical treatment.
Shannon L. Toon represented a 45-year old woman who slipped and fell on an oily substance in the parking lot of a convenience store, injuring her foot. As a result of the injury, she was diagnosed with an aggravation to a bunion which required surgery. This personal injury claim settled before trial for $22,500.
Jeff Boyd represented a client who was injured while in Knoxville attending UT vs. Florida football game when she was knocked to the ground by an intoxicated University of Florida student. Client sustained fractures to both arms requiring surgical repairs. Case settled for $125,000 before trial.
Greg Petrinjak represented a man who suffered severe injuries to his foot during an automobile accident. The client underwent extensive surgery and made a fairly good recovery. The case was recently settled out of court for $180,000.
Shannon L. Toon represented a 52-year old hotel manager who was physically assaulted by an assailant. As a result of the assault, the client sustained multiple facial fractures which required surgery. Case settled out of court for $48,880.
Jeff Boyd represented an over-the-road driver who was injured unloading cargo when a two-wheel dolly broke causing him to twist his back. The employee was diagnosed with a non-surgical ruptured disc in his low back. After a period of physical therapy he attempted to return to work, but could not handle the physical nature of the job and resigned. Case went to trial and a judgment awarded $109,000.
James Krenis represented a woman who sustained severe neck injuries while driving a company pickup truck. She was told by her company that she could not go back to her old job after surgery. Her employer’s insurance company then tried to claim that since she could work there was a limit on her recovery per the law. A vocational expert testified that she is unlikely to find meaningful employment as a result of the injury. After several postponements of the trial by the defense, the case settled out of court for over $100,000.
Greg Petrinjak represented a client who injured her neck in a multi-car accident. Although this client had neck problems before the accident, her doctor felt that the accident made her neck worse and he recom-mended surgery. The case settled before trial for $110,000.
Jeff Boyd represented a nurse, whose hand was badly mangled by a riding lawn mower. She was purchasing the lawn mower from a homeowner who, in the process of loading the mower onto a trailer, flipped it over onto himself which caused the blade to engage. In an effort to assist the homeowner, the client got her hand into the blade sustaining severe injuries. Case was settled without a trial for the insurance policy limits of $100,000.
Shannon L. Toon represented a 56-year old woman whose car was rear ended while at a stop light. As result of the collision, she was diagnosed with a herniated disc in her back which required surgery. However, the defendant argued that the back complaints were not a result of the accident because the client had been treated for back problems for three years prior to the accident. Despite this argument, the case settled before trial for policy limits of $100,000.
Recent Filings:
James Krenis recently accepted a new salmonella food poisoning case where the health department confirmed numerous code violations involving undercooked chicken, unsanitary food preparation areas and under-cooled storage of meat at a restaurant. The client suffered significant hospital bills, pain and suffering.
Other Settlements of Interest:
Nevada – Three women won $134 million from drug maker Wyeth for hormone replacement therapy. The plaintiffs who took Prempro, Premarin or both for several years argued that the drug maker knew the drugs caused breast cancer but failed to test and instead promoted the drugs by purposefully minimizing the risk.
Texas – A jury awarded $5.25 million to six high school students and their adult chaperon when a charter bus company negligently exposed them to a bus driver with tuberculosis.
Kentucky – A women whose home was struck by an airplane won a $5.1 million settlement from the attorney she retained to file a lawsuit against the pilot of the crashed plane. The attorney neglected to file the necessary paperwork until after the statute of limitations had expired.
Across the State:
Shelby County – A 61-year old man tripped over a footstool while shopping at a large chain bookstore suffering a severe elbow fracture. He was awarded $110,000.
Bedford County – A 54-year man suffered a compression facture and post traumatic stress along with other injures after the truck load he was hired to deliver shifted and crashed into him. He was awarded $360,143.
Shelby County – A long-time machine operator for a railroad was awarded $270,000 after suffering from a cumulative trauma injury to his shoulders and knees and from carpal tunnel damage.
Davidson County – A young mother was awarded $12.4 million after loosing her leg below the knee after being dragged by her Ford minivan when it slipped out of gear.
VIOXX SETTLEMENT
In November 9, 2007 the parties to the VIOXX litigation announced a tentative settle of over 35,000 claims for a record $4.85 Billion. The details of the proposed settlement can be found at www.officialVIOXXsettlement.com.
Hill Boren, a leader in mass tort litigation in Memphis and West Tennessee, represented multiple clients injured or killed by the painkiller VIOXX before it was pulled from the market. More on the settlement can also be found on our website www.hillboren.com. Robert Hill was the representing attorney.
WATCH OUT FOR FALLING PRICES....AND MERCHANDISE
By: Jeff Boyd
In this era of "big box" retailers such as Wal Mart, Sam's, Costco, Home Depot and Lowe's, it should come as no surprise that there are increasing incidents of injuries to the public. As you will notice upon visiting these and similar retailers, instead of warehousing their products in the back, as done in the old days, now the products are simply stacked on racks to the rooftop. The retail space being used by the consumer is also the storage area where the workers are moving, stacking and displaying the merchandise. As a result, it is inevitable that improper storage, mishandling of product and mechanical equipment bumping the racks will cause merchandise to fall onto unsuspecting shoppers. Depending on what falls, the injuries can be significant.
In these situations, it is human nature to be embarrassed. You have just been laid out in the middle of a store in front of complete strangers who may assume that you had something to do with the mishap. Resist this feeling. If you are with someone, stay where you are and have them go for the manager of the store. Be sure to get names of people who are in the vicinity or that provide assistance. Make sure that the manager of the store completes an accident report including the names of all of the people who witnessed the incident.
Identify the product that fell onto you and attempt to identify where it came from. If this product has fallen from a height, powerful testimony can be generated by calculating the force of impact using that data along with the weight of the product. Describe in detail each location on your body that was struck with the object.
As with motor vehicle accident, symptoms of injury often do not manifest themselves until days later and this will be impor-tant to assist in establishing that the falling object was the cause of your injuries and damages. Do no leave the store without a completed copy of the accident report. Finally, if you observe that there are video cameras in use in the store, get this information to your attorney such that efforts can be made to maintain the video as that may be the "smoking gun" of the case.
As always, if you or someone you know has been injured by the negligence of others, please call Hill Boren for a free consultation.