March 2009
- From Robert’s Desk: Pending Nursing Home Legislation
- T.Robert Hill Honored
- Respiratory Problems
- Baby Formula
- Plant Closings/Laid Off
- Auto Accident Claims
- Recent Settlements
- Bowflex Settlement
Pending Nursing Home Legislation, "Kill Old People Cheap Bill"
By: T. Robert Hill
The Tennessee Legislature, which is now controlled by pro-business politicians, is committed to destroying the constitutional rights of people who rely on nursing home services. The “Nursing Home Patient Act of 2009 (HB2243/SB2160) would protect the profits of the nursing home industry by:
(1) "capping" (putting a limit of $300,000) on damages that an abused or neglected resident can recover;
(2) forcing elderly nursing home residents to give up their rights to a jury trial of any claim for abuse or neglect; and,
(3) severly limiting punitive damages for intentional or reckless conduct that causes serious injury.
This bill has been nicknamed by AARP as the "Kill Old People Cheap Bill". Some state representatives such as Mike Turner say that the bill would let nursing homes get away with poor treatment. Rep. Turner is also a fireman who pulled patients from the 2003 fire which killed 16 people in a Nashville nursing home.
The "Kill Old People Cheap Bill" is wrong for Tennessee and must be stopped. Tennessee nursing homes already rank 3rd worst in the nation and 22 facilities had to suspend admission of new patients because of violations. The nursing home industry is trying to protect itself and it’s obscene profits.
You can help. Call your state senator and state representative and tell them to vote NO to the Nursing Home Patient Act. Go online to www.hillboren.com for a listing of all State Representatives and Senators.
T. Robert Hill Honored at the
138th FOUNDERS CELEBRATION
The Annual Honors and Awards Banquet hosted by Mother Liberty Church and the CME Church in Jackson has long been a symbol of race-relations and reconciliation. The annual event is dedicated to promoting positive race-relations, harmony and reconciliation while honoring individuals and entities who have demonstrated a commitment to working toward eliminating the barriers of separation, and contributing to the betterment of our community.
On December 18, 2008, attorney T. Robert Hill was recognized as the recipient of this year’s Ronald M. Cunningham Award for Community Service. This award is named in honor of the Fifty-third Bishop of the Christian Methodist Episcopal Church and former pastor of Mother Liberty. Bishop Cunningham has a legacy in community service and advocating issues of human concern. The Ronald M. Cunningham Award is given to a person who has demonstrated a commitment to being a voice and instrument for community development and empowerment.
Chronic Respiratory Problems Could Bring Benefits...
By: Mike Hartup
As Spring approaches, we can anticipate the return of warm days, new foliage, and beautiful flowers. Unfortunately, we can also look forward to the aggravating allergies that play havoc with our respiratory systems. For many of us, though, breathing problems are a constant struggle throughout the year.
If you have been diagnosed with a condition known as COPD or chronic emphysema and bronchitis, you know how debilitating the condition can be. Work environments that require exposure to dust, smoke, and fumes become impossible to tolerate. Even enduring extreme hot or cold temperatures and humidity can become difficult.
Many people don’t realize that if they can no longer do their past work because of their breathing problems, they may be able to receive Social Security Disability Benefits. As with many conditions, the younger you are, the more severe the condition needs to be to draw benefits. But, if you have been diagnosed with COPD or experience shortness of breath that interferes with your ability to do your job, call Hill-Boren for a free evaluation of whether or not you may be eligible for social security benefits.
Did you know... No Powdered Baby Formula is Sterile?
By: James Krenis
No matter what the brand - soy or milk, high end or low end, generic or name brand - all powdered infant formula products contain levels of bacteria that, when ingested, have permanently injured and killed babies. These bacteria include salmonella, e. coli, and, the most dangerous to infants, Enterobacter Sakazakii (now known as Cronobacter). Cronobacter infection has been connected to numerous serious infant injuries and deaths over the last twenty years.
While these incidents do not happen often, the industry has refused to put a simple, factual warning on the label that would alert purchasers of the formula to the small, but potentially deadly, possibility that the use of the unsterile powdered formula could lead to serious injuries or even death. Warning labels are put on many medications for the safety of the public. Yet in the case of powdered infant formula, even doctors and hospitals that prescribe and use the formula are still unaware of the potential danger. Many healthcare providers are in fact unaware that the product is not sterile.
While most healthy, full-term infants have adequate protection from Cronobacter and other bacteria through a fully developed immune system, newborns, immune-compromised infants and low birth-weight babies do not. These infants’ compromised immune systems do not have the ability to defend against these types of bacteria. Many powdered infant formulas are specifically designed, manufactured and marketed for premature and low birth weight children, particularly powdered human breast milk fortifiers. Pre-term or otherwise immune-compromised infants are most at risk for infection.
While labels do show the proper method for mixing powdered formula, manufacturers have refused to place warnings on their labels regarding the possible consequences of unsafe or improper reconstitution of powdered infant formula. Even if Cronobacter is dormant in the can, it can be triggered by improper use of the formula (such as failing to boil the water or sterilize the nipples used to deliver the formula to the baby’s mouth). Practically speaking, very few people, who are not warned of inherent dangers in food products, follow instructions on the label of a commonly used product "to the T," but rarely are the stakes this high, which is why more must be done to warn consumers.
So why is infant formula powder not made commercially sterile? The reason is simple: it is impossible to sterilize powdered formula during the manufacturing process. Powdered infant formula is mixed and spray-dried in open air settings that allow for contamination from the environment. Liquid formula can be boiled or pasteurized prior to packaging, eliminating harmful bacteria. Bacteria ends up in cans of powdered infant formula despite alleged compliance with woefully inadequate FDA oversight and enforcement.
Sadly, this dirty little secret remains so because the number of reported incidents is low. Also, the ability and knowledge available to identify the actual source of the catastrophic injury to the baby is scarce. In all likelihood, the number of confirmed infections is grossly underestimated due to the unavailability of information regarding the bacteria and its link to powdered infant formula. On the other hand, profits derived from marketing these products to hospitals and parents are enormous. While there is only a small number of babies who will get sick from contaminated powdered infant formula, even fewer of them will seek recovery for some of the damages the baby and the family have suffered. Manufacturers have decided that a warning on the label would alarm a majority of physicians, healthcare professionals and parents who use and/or recommend these products on an ever-increasing basis.
Plant Closing? Laid Off?
By: Ricky Boren
You may be entitled to more workers compensation.
A few years ago our state legislature put arbitrary limits on what a judge can award to people who are injured on the job. If an employee was injured after July 1, 2004 and was able to return to work at their previous job making the same income, the court could not award over 1½ times the highest disability rating given by a physician. For injuries that happened prior to 2004 there was a cap in effect of 2½ times the disability rating if the employee returned to the same job.
However, if an employee who tried or settled their case and then went back to work is later laid off, they may be entitled to receive up to 6 times the highest disability rating. This is also true in the case where the employer is bought out by another company – even if the company does not close. The employee may even be entitled to receive total permanent disability, if the judge finds they are no longer able to be employed.
The right to reopen the case applies where the employee loses their job as a result of their prior injuries or they are “let go” through no fault of their own – such as a reduction in force or closing of a plant. The employee also would have a right to have their claim reopened if their employer was bought out by another company or merged with another company.
If you suspect there has been a change in your employer's ownership of any kind, you need to consult an attorney to determine if your old case can be reopened. Following is a partial list of West Tennessee employers that have closed, changed ownership or had significant lay-offs. This list is not meant to be exclusive and your employer may qualify even if not listed.
List of Employers:
Aqua Glass
Basell USA
Bill Sills Sportswear
Burnes Home Accents
Charter Communications
Clayton Homes
Crane Composites
Dana Corporation
Delta Faucets
DHL Express
Excel Polymers/Valspar Coatings
Fechheimer Brothers
Fisher & Company
Food Giant
General Warehousing
Heckethorne Manufacturing
Huttig Building Products
Kellwood
Kim Ro Manufacturing
Liberty Building Systems
Maury City Plastics
Manufacturers Industrial Group (MIG)
Monogram Refrigeration
Nestaway Wire Company
New Generations Furniture
Norandal Aluminum
Parker Hannifin
PML
Reitter & Schefenacker
Selmer Apparel
SR of Tennessee
ThyssenKrupp
Varsity
Volvo Penta Marine Products
Whirlpool
Wingfoot
Automobile Accident Claims...Hill Boren Can Help!
By: Greg Petrinjak
If you are hurt in a car accident, the process of recovering your medical bills and lost wages from an insurance company can be difficult and confusing. Insurance companies may tell you not to worry – just send them your medical bills. Most folks assume that the insurance company will begin paying these bills, right?
Not so. In our experience, the defendant's insurance company will never actually pay any of your lost wages or medical bills until you are willing to settle the entire case and sign a release of liability. But once you sign a release, your case is over. You should never sign a release until you have completed medical treatment and know you are getting a fair settlement.
Hill-Boren has lawyers and staff members who know how to communicate with insurance adjusters. We will investigate your claim, obtain your medical bills, review doctor’s reports, talk with your doctors when necessary, search for available insurance coverage, research the law applicable to your case, and determine a fair settlement value for your claim. Many cases are settled out-of-court, but we will be prepared to take your case to trial if necessary.
If you have questions about your claim, call Hill-Boren. We're here to help, and we know how.
Union City Man Awarded $2.3 Million in Bowflex Settlement
By: Jeffrey Boyd
Attorneys Randall Phillips, formerly with Hill-Boren, and Jeff Boyd represented a Union City man who was permanently injured by his Bowflex weight system. An Obion County jury awarded over $2,300,000.00 to the injured man.
The 58-year old man bought a Bowflex Power Pro weight system in May 2000. Unknown to him, the backboard benches in this machine were made of cheap, thin plywood covered in foam. The company had never done any design or testing on the backboard benches to determine if they could withstand the loads that a person working out on the machine would exert.
In December 2002, the plaintiff was working out as directed on the manual and the backboard bench snapped and threw his head down and forward causing a severe herniated disc in his neck. He underwent surgery but remained with severe nerve damage causing decreased use of his right arm. As a result of his chronic pain, he is going to be on a high dose of narcotic medication for the rest of his life which affects his mental ability and daily activities to the point that he can no longer work.
In trial it was shown that Bowflex was aware for over a year that these benches were failing and causing severe injury. Rather than stopping the sales, they continued to market, manufacture and sell the defective products. Only after this injury did Bowflex attempt to correct their product. Two years later they did a voluntary recall of over 400,000 of these products.
It was further brought out in the trial that the design fix that would have prevented this injury cost $6.90 to make, yet the company chose to keep selling the machines as is. After considering the evidence in a two week trial, the jury awarded the plaintiff $328,000 in compensatory damages. Based on the evidence Mr. Boyd presented showing the misdeeds of Bowflex in selling these products when they knew that they were defective, the jury awarded $2,000,000 in punitive damages.
Recent Settlements
James Krenis recently represented a family in a defective food product case that settled for $1 Million just prior to trial. Details of the case and settlement are confidential to protect the minor plantiff.
Ricky Boren recently represented a truck driver in a workers’ compensation case against his employer. The employee developed peripheral vascular disease from prolonged sitting in a semi-truck, which resulted in the amputation of his right leg below the knee and two toes on his left foot. The case settled right before trial for the payment of $268,298.
Shannon L.Toon represented a 46-year old member of the Local #4 Sheet Metal Union who sustained an injury to his right shoulder when he threw a cable attached to a crane from one side of a truck to the other. After multiple surgeries he still had decreased range of motion and decreased stability in his right shoulder. His physician recommended permanent restrictions of lifting no more than 30 pounds total and lifting no more than ten to fifteen pounds over head. Mr. Toon was able to resolve his workers' compensation claim for $157,360 with open future medical treatment for the injury to the right shoulder.
Greg Petrinjak represented a woman who injured her neck in an automobile accident and had to undergo surgery. The defendant argued that the client had pre-existing arthritis in her neck and that the surgery was due to arthritis, rather than the accident. However, Mr. Pretrinjak successfully argued that the accident had clearly aggravated the arthritis and made the neck worse. The case was settled for $150,000.
Jeff Boyd represented a truck driver who noticed numbness and tingling in his arms and feet after a day of driving. Thinking he was having a stroke or heart attack, he was taken to the emergency room where it was determined that he had experienced a ruptured disc in his neck from the constant bumping and jarring of his neck while driving. He had surgery but continues to have pain and numbness in his feet and hands. Mr. Boyd won a settlement of 100% permanent partial disability for $263,116, with open future medical benefits for his lifetime. Hill-Boren also represented this client on his social security claim and got him disability benefits as well.
Shannon L. Toon represented a 50-year old prison guard who suffered post traumatic stress disorder following an attack by an inmate. Mr. Toon was able to settle the employee's workers' compensation claim for $130,000 with open future medical treatment for his psychological injuries.
Jeff Boyd represented a high school student who was a backseat passenger in a car operated by one of her friends. The group of teenagers was struck by another teen driver who was trying to beat a red light, causing a severe crash. The student received massive facial injuries and incurred more than $70,000 in medical bills. Unfortunately, the defendant in this case only had $100,000 in insurance coverage and no additional assets. Thus, the case settled for $100,000. However, Hill-Boren was able to successfully negotiate down the medical bills so that the majority of this money was paid to the client.
Shannon L. Toon represented a 64-year old retail store employee who injured her right knee while attempting to avoid a customer with a shopping cart. The employee's injury ultimately required a total knee replacement. Following surgery, she continued to experience pain and loss of range of motion. As a result of her ongoing symptoms, she was unable to return to work. Mr. Toon was able to negotiate a settlement of $42,554 based upon her workers' compensation rate at the time of her injury. In addition, her medical care for this injury will remain open for repayment for the remainder of her life.
Shannon L.Toon represented a 55-year old fork lift operator who sustained an injury to her right shoulder and neck in a fork lift accident. She received treatment but ultimately underwent surgery for a rotator cuff repair. She continued to experience pain, decreased range of motion and decreased strength. Permanent restrictions were placed on her by her treating physician. Her employer, being unable or unwilling to accommodate the restrictions, terminated her employment. Mr. Toon was able to settle her workers' compensation claim for $157,370 with open future medical treatment for her injuries.
Chris Taylor represented a Memphis woman who injured her back lifting boxes at work. She had previous back surgeries unrelated to her employment. She had to undergo a spinal fusion for the latest back injury and was not able to return to work with her employer. Employer originally denied the claim as a preexisting condition. Counsel worked to get benefits ordered through the Department of Labor and the Judge. At trial, the Court found the employee was entitled to permanent total disability benefits to be borne 75% by the employer and 25% by the Second Injury Fund. Employee's judgment was in excess of $350,000 with lifetime medicals.
Greg Petrinjak recently represented a young man who suffered injuries in a motorcycle accident when an ATV came out of a wooded area onto the roadway. In an effort to avoid hitting the ATV head on, he lost control of the motorcycle and crashed suffering severe scrapes and bruises. The case settled for $21,000.
Chris Taylor represented a Memphis man who injured his left shoulder. Following surgery, he returned to work and received a settlement for $34,029. Subsequent to his return to work, he suffered an injury to his right shoulder, requiring surgery. Following surgery, he was unable to return to work with the same employer. The case on his left shoulder was reopened and he received an additional $45,500. His right shoulder was resolved with his employer by the Second Injury Fund for $99,500. The employee will have lifetime future medicals.
James Krenis represented a 50-year old CNA that injured her back pushing a food cart while at work. After the injury, she was unable to perform her normal job and was reassigned to activities that allow her to sit. A $77,000 settlement was reach before trial.
Greg Petrinjak represented a woman who was doing repetitive work as a machine operator. She suffered from bi-lateral carpal tunnel syndrome, and required surgery. Her case was settled for $13,500 plus lifetime future medical benefits.
James Krenis represented a man who injured his shoulder in a fall at work and required surgery. He won a settlement of $33,000.
Shannon L. Toon represented a 31-year old factory worker who sustained gradually occurring injuries to both her arms, as well as an injury to her back from lifting a coil off a table and placing it on a cart. She was diagnosed with bilateral carpal tunnel syndrome and an aggravation of degenerative changes in her back. Surgery was performed for the injuries to her arms. However, surgery was not an option for her back. Mr. Toon was able to resolve her workers' compensation claims for $48,763 with open future medical treatment for the injuries to her arms.
Ricky Boren represented a gentleman that was severely injured in an automobile accident involving an area sheriff’s department vehicle. As a result of this accident, the client had significant facial injuries and had to have a total hip replacement. The case was settled at mediation for the payment of $575,000.
Greg Petrinjak represented a young woman who suffered severe contusions to her leg, head, and chest in a collision with a large truck. Fortunately, she had no broken bones or internal injuries but had to be off work for some time to recuperate. The case was settled for $21,000.
Ricky Boren recently settled a workers’ compensation case for a gentleman that sustained injuries to both knees that required multiple surgeries. The client was found to be totally and permanently disabled and his case was settled for the payment of $482,230.
Greg Petrinjak represented a woman injured at work when a tray fell on her injuring her neck, shoulder, and arm. The client had to have surgery. The case settled for $21,000 with future medical treatment.
Shannon L. Toon represented a 35-year old airline pilot who sustained an injury to his lower back. Surgery was required. After surgery, he returned to work with the same employer performing the same duties and making the same or more money than before his injury. Mr. Toon settled the pilot's workers' compensation claim for $32,869 with lifetime future medical treatment for his back injury.
Jeff Boyd represented a high school student who was a backseat passenger in a car operated by one of her friends. The group of teenagers was struck by another teen driver who was trying to beat a red light, causing a severe crash. The student received massive facial injuries and incurred more than $70,000 in medical bills. Unfortunately, the defendant in this case only had $100,000 in insurance coverage and no additional assets. Thus, the case settled for $100,000. However, Hill-Boren was able to successfully negotiate down the medical bills so that the majority of this money was paid to the client.
Greg Petrinjak represented a man who performed continuous repetitive work as a mill worker. He suffered pain in both shoulders and numbness and weakness in both hands. After surgery his case settled for $50,000 with lifetime future medical benefits.
