June 2008
- From Robert’s Desk
- Speak No Evil
- Professional Check-up
- Disability Hearings Blog
- Settlements
- Critical Illness Insurance Policies
From Robert's Desk
One thing that has always set our law firm apart is how hard we work to keep our clients informed. We use newsletters, advertising, the internet and now blogs and digital billboards to stay in touch.
This newsletter is the 103rd edition; we haven’t missed publishing a quarterly newsletter in over 25 years. Based on what I know of the legal world, it would be rare for another law firm to match that.
The reason that we work so hard to stay in touch is that we believe that it is important
for our clients to know about legal changes that affect them. We alert you to product recalls, changes in the law, insurance company tactics and other safety concerns.
We’ve Been on TV for 25 Years
When legal advertising was first allowed in 1973, our law firm pioneered in TV advertising in West Tennessee. We believe that people have a better understanding of their rights because of our advertising. We have often been complimented for the professionalism of our ads. Other attorneys thank us for maintaining high standards in our ads and for not using the clownish tactics some attorneys have used to attract attention.
Our Web Site Gets Heavy Traffic
We continuously update and upgrade our web site to include the best technology available. Over the past few years we added information so that people can easily find our web site and obtain useful information about the full range of legal issues related to personal injury, medical mistakes, worker’s comp and social security disability.
Our web site receives thousands of visits each month. While most visitors are from the Mid-South area, we get visits from every state in the U.S and most countries around the world. When we ran a TV ad alerting viewers that the drug Trasylol was causing kidney failure and death, the number of visits to our web site from people seeking more information spiked. It is helpful for people to have a place to go where important information is readily available.
Now We Are Blogging
Last month we added a blog on social security disability. Attorney Michael Hartup monitors the blog and provides frequent updates. We’ve been pleased and amazed at the number of people who have participated in the blog. It is a great
way to understand what the current
concerns are among those applying
for social security disability. Visit us at www.hillboren.com.
Have You Seen Our Digital Billboard
Another new addition to our communication abilities is a new digital billboard in front of our Jackson office. We can design and instantly display messages that are seen by the 40,000 cars per day that pass by our office. We’ve displayed product alerts, special notices, holiday greetings and other messages of interest – some for
fun and entertainment – some to
help keep people informed of important legal news.
We Would Like To Email You
When there is important legal news that may affect you or you family we would like to be able to notify our clients by email. If you would like to sign up
to receive these alert emails go towww.hillboren.com and click on e-mail alerts. While you are there take a look
at some of the helpful information we have online – and it is there whenever
you need it.
ALERT: Class I Recall of Heart Medication Containing Twice the Approved Level of Active Ingredient
The FDA recently issued a Class I nationwide recall Digitek (digoxin tablets), a drug used to treat heart failure and abnormal heart rhythms. The products are manufactured by Actavis Totowa and distributed by Mylan Pharmaceuticals Inc., under a “Bertek” label.
Digitek is being recalled due to the possibility that may contain twice the approved level of active ingredient. The existence of double strength tablets poses a risk of digitalis toxicity in patents with renal failure. Digitalis toxicity can cause nausea, vomiting, diarrhea, dizziness, confusion, loss of appetite, low blood pressure, cardiac instability and irregular pulse, heart palpitations, bradycardia and possibly death. (Bradycardia is a slower than normal heartbeat rate.) Vision changes such as halos or light rings around objects, seeing lights and bright colors, experiencing changes in color perception, blind spots in vision, and blurred vision can also occur. Patients can also experience decreased urine output and excessive nighttime urination, overall swelling, decreased consciousness, and difficulty breathing when lying down.
There have been several reports of illness and injuries related to the recalled medication. Many pharmacies have sent letters to patients for whom they have filled prescriptions for Digitek in the past year. If you or a loved one has received a letter or if you took (or are currently taking) this medication, please call us.
You may also find more information about this recall on our website.
Speak No Evil
By: Jeff Boyd
Often, an injury victim’s first outside contact with anyone about their injuries and problems is an insurance company representative. Unfortunately, the injury victim or family members are not aware if this representative is with their insurance company or the company of the at-fault party.
Injury victims often give these insurance company representatives permission to take their statement and to record that statement. Injury victims sometimes give their statement even though they are in pain, are under the influence of pain medications, or have not had time to think about what really happened to them or how they were injured. Sometimes, these statements are taken so early in the process that the impact of one’s injuries and damages has not yet been realized.
Recorded statements given without legal representation can create problems settling the case almost always without fail. These insurance representatives are not asking questions to find out the truth. They are asking questions in a way to get a version of events that they can defend, if and when a jury has to decide about the incident.
As you might expect, an injury victim’s statement that was given under the influence of medication, or one that is wrong will be a problem a couple of years down the road when we are asking a jury to give you a sum of money for the injuries you have suffered. The defendant will simply argue--”Which story do you, the jury, believe?” The one given right after the accident when memories are fresh, or the one being told today when the “victim” is asking for money.” Juries tend to believe the first explanation of events told by an injury victim as being the most truthful.
Bottom line: If you are involved in an incident that you believe to be someone else’s fault, do not speak with anyone other than family members, law enforcement and medical providers. Instruct all members of your family not to talk with insurance company representatives.
When speaking with medical providers, tell them in detail what is bothering you and how specifically it is bothering you. Give the medical providers as much detail as you can about your injuries. Tell medical providers about any other medical problems and injuries you have, no matter what they are---the insurance company will find out anyway. DO NOT EXAGGERATE. It will hurt your case if the doctors and/or jurors do not believe the problems that we say the incident caused were actually caused by the incident.
If you have serious injuries, please contact Hill Boren to have one of our attorneys assist you in negotiating through the litigation process. We’re here to help, and we know how.
Professional Check-up
By: Tamara Hill, R.N. J.D.
What do you really know about your doctor? What do you need to know if you are searching for a new one? There are several ways to gather the information you need:
First, if it’s a specialist you need, ask a physician you trust who they would recommend and why.
Second, check the websites of local hospitals for doctor profiles.
Third, check the website of state medical boards for training,
certifications and disciplinary actions taken against physicians. Some sites to start with are:
www.fsmb.org
www.abms.org
www.health.state.tn.us/licensure/index.htm
There are non-traditional sites that provide comments and ratings from other patients about the doctors in your area. These sites include www.HealthGrades.com and www.Vitals.com. The HealthGrades and Vitals websites offer details on training, experience,
certification and disciplinary history along with patient ratings. These sites also invite physicians to respond. HealthGrades will also allow physicians to add details to their posted profile, but does not allow free-form comments from patients. Both sites block multiple negative or positive postings from the same source.
In this age of “blame the patient,” it is a good idea to be armed with all the information you can gather in order to make an informed decision about not only your treatment, but also your doctor.
Social Security Disability Blog
By: Michael Hartup
As many of you know, Michael Hartup joined the Hill•Boren team to represent our many Social Security Disability clients. In an ongoing effort to keep our current and future clients informed about the Social Security Appeals process, Mr. Hartup has developed an internet blog where he will post regularly to provide education, news, and comment on Social Security Disability laws and issues. We invite you to visit at www.TNsocialsecuritydisability.com, or you can link to the blog through the firm website at www.hillboren.com.
In other Social Security firm news, since joining the Hill•Boren team in December 2007, Mr. Hartup has achieved over a 90% success rate in obtaining benefits for our clients at Social Security disability hearings.
In a recent hearing, he represented a 39 year old client who had suffered severe fractures to both legs in a logging accident. His injuries required major reconstructive surgery that returned only minimal function to his legs.
He did regain the ability to stand and walk, but was unable to do so for extended periods of time. After filing his initial application for benefits in January 2006, the Social Security Administration denied his claim twice on the basis that his conditions were not severe enough to keep him from working. At an administrative law hearing, Mr. Hartup was able to prove that the client’s conditions were so severe that there were no jobs that existed in significant numbers in the national economy that the client could still perform. The judge found him disabled and awarded future benefits, as well as, almost 4 years of back benefits.
If you have applied for benefits and have been denied, or if you have an injury or illness that keeps you from working, give Mr. Hartup a call. He will provide a free evaluation of your case.
Critical Illness Insurance Policies
By: Greg Petrinjak
Critical illness policies are designed to provide immediate benefits when a serious illness strikes. These policies usually cover specific illnesses such as cancer, heart attack, stroke, organ transplant, or end stage renal failure. The insurance company will require proof that a doctor has diagnosed a condition that is covered by the policy.
However, dealing with the insurance company is not always easy. I recently represented a man who was the beneficiary on his father’s critical illness policy. His father died of a sudden heart attack, and the insurance company refused to pay benefits. After reviewing the case, we learned that the insurance company never obtained the medical records needed to properly evaluate the claim. Unfortunately, the death certificate did not accurately describe the cause of death. The client made many phone calls to the insurance company, but finally felt that he was being ignored.
After taking the case, Hill Boren obtained the medical records from a Texas hospital, and then consulted with a Tennessee physician concerning the illness and cause of death. After providing this information to the insurance company, the claim was fully paid.
If you have been denied benefits on a critical illness or other insurance policy, make sure you understand why the claim is being denied. Ask the insurance company for a written explanation. Be sure that you have submitted all forms in a timely manner. Finally, if you feel the insurance company is not handling your claim correctly, contact Hill Boren to see if we can help.
Recent Settlements
Jeff Boyd recently settled a medical mistake case for $300,000 for a client whose orthopedic surgeon negligently severed a nerve in his knee while doing routine arthroscopic surgery. In spite of nerve damage, victim has made a remarkable recovery.
Chris Taylor represented a Memphis man who suffered an injury to his lower back while lifting on the job. After undergoing surgery, he returned to work. His case settled for $39,868. After returning to work, the employer could no longer accommodate his restrictions so his case was reopened and he received an additional $92,500 and received lifetime benefits plus lifetime future medical expenses.
T. Robert and Tamara Hill recently settled a West Tennessee medical malpractice case for $700,000. The case stemmed from a failure to diagnose and treat complications resulting from laparoscopic cholecystectomy (gallbladder surgery) that eventually led to the death of the patient.
James Krenis represented a Dyer County man who was injured while driving as a part of his job when a car pulled out in front of him, causing a collision. The case settled for the $25,000 policy limits of the defendant.
Jeff Boyd recently represented a worker who injured his neck crawling under steel beams at work, requiring cervical disc surgery. The employee recovered and returned to work at the same rate of pay as before the injury. Case went to trial and employee was awarded the maximum recovery under the law of 37.5% to the body which equated to $98,995. If employee loses his job, he may be entitled to additional money as a result of this case.
Greg Petrinjak represented a young man who injured his hand in an automobile accident, requiring surgery to repair a torn tendon. The case recently settled with the negligent driver’s insurance company for policy limits of $50,000.
Chris Taylor represented a Memphis woman who worked at a factory where she sustained an injury and returned to work. Her case was settled for $36,366.
Shannon L. Toon represented a 59 year old forklift operator who sustained injuries to his left elbow and shoulder. He was diagnosed with cubital tunnel syndrome and a rotator cuff tear. The workers’ compensation case was settled for $25,948 and lifetime future medical care.
Ricky Boren recently represented a man who badly injured his arm in a tractor trailer accident while on-the-job. His workers’ compensation case settled for $61,235. He also received a settlement of $570,984 for the automobile portions of his case.
Chris Taylor represented a Mississippi man who worked at a Memphis factory. He injured his back. The company did not offer him any compensation for his injury. At trial he received a judgment and the case was later settled for $40,000 lifetime medical benefits.
Greg Petrinjak recently represented a man who injured both shoulders doing repetitive lifting at work. The case was settled for $55,568, plus lifetime future medical expenses.
Jeff Boyd represented a nurse who sustained injuries to both shoulders at work. As a result of her work related injuries, combined with her preexisting injuries, the employee was unable to return to work with her employer. Case settled for 80% to the body as a whole, or $150,000 with lifetime medicals for the shoulder injuries only.
Greg Petrinjak represented a man who injured his back lifting truck parts while working as a mechanic. He underwent surgery, but was unable to return to work. The case was settled for $57,186 plus lifetime medical expenses.
Chris Taylor recently represented a woman who injured her lower back when she slipped and fell at work. She underwent surgery on her lower back and returned to work for another employer. Prior to trial her case settled for $104,800.
Shannon L. Toon represented a 52 year old truck driver who was injured when his truck rolled over fracturing his right hip and left him with low back pain and right knee pain. He was treated conservatively without surgery and was released from his treating physician with permanent lifting restrictions. The employer contested the extent of the truck driver’s injuries based upon the fact that he had a prior right hip fracture and as a result, his right leg was shorter than his left leg. Despite the employer’s allegations, the case settled for $114,840.
Greg Petrinjak recently represented a young lady who was airlifted to the hospital after a serious car accident. She was badly bruised, but fortunately had no internal injuries. The case was settled for $42,000.
Jeff Boyd represented a 49 year old worker who sustained a hernia and testicular torsion as a result of pushing pallets at work. He underwent successful hernia repair, but chose to forego additional surgery to repair the torsion. He cannot return to work for his former employer. Case settled for 96.5% to the body as a whole, or $118,579 with lifetime medical benefits
