March 2010

Product Recall 101
Pending Litigation: Are You Having Unexplained Symptoms?
New Legislation May Speed Up Settlement Payout
Texting While Driving – Put the Phone Down!
Denial Letters – Don’t Always Take No for an Answer
Recent Settlements
Dangerous Products

Product Recall 101
By: Jeff Boyd

Auto recalls, infant product recalls, medication recalls – we hear about it on TV and read the news stories weekly. Often times we don’t think much of the news. That is, until a product recall hits home and affects us, our lives and our families. A great example is the recall of drugs like Vioxx.

In many cases, a product or auto recall can be managed through simple part replacements or product exchanges – but how do you know what to do and when? US Recall News has assembled this easy-to-follow guide for product recalls that consumers can use to help them through the process. Always vested in the safety of the public, we’re happy to share this step-by-step list with you on how to handle a product recall should you find yourself in that situation.

A vehicle or product I own has been recalled – what do I need to do?
Whether you heard it on the news or read it online, step one is to stop using the product immediately. When product recalls are issued, it is for the safety of the consumer public. Often, injuries have already been reported, and if you don’t stop using a recalled product, you could be next.

I stopped using the product – what’s my next step?
You need more information on the product recall directly from the source, if possible. When a major recall is issued, it’s going to be all over the news, and the information about the recall may be unclear or confusing. What you need as a consumer is definitive information that can help you resolve your product issue and feel at ease. To find information about recalls that don’t make it into the mainstream media, check out sites such as USRecallNews.com. Below are the three best ways to get the information you need once you’ve found out about a recall that affects you:

Visit the manufacturer’s website. If you don’t see anything on their home page, look for a search box and type in “recall.” Our alerts will usually provide a link to the manufacturer’s website as well as a phone number for customer support.
Contact the manufacturer directly offline. Don’t have internet access? You can always call information (1411) for a corporate headquarters number.
Ask the appropriate recall agency. For more information about which government agency to contact for any given recall and for the contact details for each organization, visit USRecallNews.com.

What do I ask the manufacturer about my product that’s been recalled?
First and foremost, ask the manufacturer if you can continue using the product safely. Next, ask them what solutions are being offered to take care of the recall issue. In the case of cars, it is often as simple as calling the brand’s local dealership and scheduling to have the recall work performed. In other cases, such as consumer products like car seats and cribs, many manufacturers will have you return the product directly to them for a replacement.

What do I do if no one is responding to my request for help with my recalled product?
First step: don’t panic. Usually the lines are flooded after a big recall, and it’s not like companies can keep extra call center staff on the payroll “just in case” they ever have a recall. Give them seven business days to respond to an inquiry placed with a product manufacturer. If they haven’t gotten back to you by then, there are other options available to you. We recommend a few different tactics for getting help:

Contact the location of purchase: Whether an online outlet or retail location, reaching out to the place where you bought the product could yield results.
Switch contact methods: If you’ve been emailing, try a phone call or vice versa.
Conduct a web search: If you’re having problems getting your questions answered, it’s likely you’re not the only one. A few minutes with a keyboard and an Internet connection may be able to connect you with other consumers facing the same recall and help you share information on the issue.

If you or a loved one has been negatively affected by a recalled product or medication, contact Hill-Boren today for a free case evaluation. We’re here to help and we know how.

Pending Litigation: Are You Having Unexplained Symptoms?
By: Tamara Hill

Do you find that your arms, legs, feet or hands move when you don’t want them to? Have you developed twitching of the mouth or eyes? If you answered yes to any of the these questions, we have one more for you: Are you currently taking Reglan, otherwise known as Metoclopramide, and/or have taken it for more than twelve weeks, even if you are no longer taking it?

In 2004, a study found that older women treated with Reglan (Metoclopramide) were at an increased risk for developing symptoms of a disease called Tardive Dyskensia. Dyskinesia refers to involuntary movement. Tardive means that the symptoms continue or appear even after the drugs are no longer taken. Tardive Dyskensia is characterized by involuntary, repetitive tic-like movements, primarily in the facial muscles and less commonly in the limbs, fingers and toes. The hips and torso may also be affected. In 2009, the FDA saw fit to issue a warning about Reglan (Metoclopramide) based on research that indicates that its use is the most common cause of drug induced movement disorders. Older patients and women are at higher risk of developing Tardive Dyskensia or Tardive Dystonia (over 100 cases), a related condition, when taking the drug for more than three months.

Hill-Boren is currently reviewing over 100 cases involving Reglan. Many people are suffering with involuntary movements such as those described above. Others suffer from a related movement disorder called Tardive Dystonia. Dystonia means an involuntary contraction of a muscle that causes an uncontrollable twisting of the affected body part. As in Tardive Dyskensia, Tardive simply means that the symptoms continue or appear after the drugs are no longer taken. In Tardive Dystonia, the movements are involuntary but at a much slower pace than with Tardive Dyskensia. They are often painful and cause certain body parts to move into unnatural positions.

If you or a loved one has taken the drug REGLAN, aka Metoclopramide, for more than twelve weeks and are having any of the symptoms listed above, call Hill-Boren for a case evaluation. At Hill-Boren, we’re here to help, and we know how.

New Legislation May Speed Up Settlement Payouts
By: James Krenis

For the past few years, federal regulations have severely slowed how quickly settlement money can be given to injured people. Medicare/Medicaid recipients have to send written proof of any amount they are claiming (even proof that NO amount is claimed by them). This is a time-consuming process involving sending different forms and letters back and forth to the government, and the process can take months. As a member of state and national personal injury lawyers’ organizations, I have learned that there is legislation pending that would hold the parties involved in these transactions responsible if too much time elapses with no response. As an active member of the Madison County, Tennessee and National Civil Justice Lawyers, I try to stay on top of the latest news affecting our current, past and future clients. We fight for your rights at Hill-Boren. As always, we are here to help and we know how.

Texting While Driving – Put the Phone Down!

The U.S . Department of Transportation is concerned about a disturbing new trend - serious accidents and fatalities caused by drivers who are sending text messages while driving. Distracted drivers cause nearly 6,000 deaths and a half million injuries on the roadways every year. According to the Department of Transportation, there are three types of distractions that cause accidents:

Visual: taking your eyes off the road
Manual: taking your hands off the wheel
Cognitive: taking your mind off what you are doing

Texting is extremely dangerous because it involves all three distractions. A survey conducted by Vlingo Corporation, a cell phone software company, showed that 26% of cell phone users text while behind the wheel of a car. As you might imagine, the statistics vary according to age. Sixty percent of those ages 16 to 18 admit to texting while driving. That number drops to 13% of those in their fifties. In other words, our most inexperienced drivers are texting the most!

Studies show that texting drivers tend to swerve, change speeds, and have slowed reaction times. Some authorities believe that texting while driving can be just as dangerous as driving under the influence of alcohol. Also, the distractions of texting prevent you from being a good defensive driver. If another driver makes a mistake, you may not respond quickly enough to avoid a serious collision.

About nineteen states, including Tennessee, have banned texting while driving. Tennessee’s ban became effective on July 1, 2009. The U.S. Department of Transportation recently banned texting by commercial truck drivers.

If you are the victim of an accident involving a distracted driver, contact Hill-Boren to discuss the facts of your case. We have experience handling all types of automobile cases, and the initial consultation is free.

Denial Letters – Don’t Always Take No for an Answer

The language of the denial letter is all too familiar to me. “We find that your condition prevents you from performing your past work, but we also find that there is other work that you can perform.”

Really? What is that other work? Where do those jobs exist? Why can’t I find the jobs that will accommodate my disability? If I could, I would certainly rather work than not.

Did you know that when Social Security decides you are not disabled because they find that you can perform work, other than what you have done in the past, they have the burden of identifying such jobs and the amount of those jobs that exist in the national economy? Believe it or not, this can be much more difficult for the Administration to demonstrate than their denial letters make it seem.

Very often, winning a Social Security disability case depends on whether there are a significant number of jobs that will accommodate a claimant’s impairments and limitations. These “vocational issues” are complex and require a thorough understanding of the Regulations and Social Security Rulings to disprove the Administration’s presumption that you can adjust to other work. Often vocational expert testimony and cross-examination are necessary in such cases. Chances are, if you are not represented by a knowledgeable attorney, you won’t have the ability to address these issues on your own.

Just because a denial letter says there is other work that you can perform, doesn’t make it so. It may be the basis for a successful appeal. If you or a loved one has received a denial letter and you believe your disability is too great to work, call Hill-Boren today for a free case evaluation.

Settlements

Greg Petrinjak

Attorney Greg Petrinjak represented a Trenton, Tennessee man who injured his back while shoveling gravel. He was diagnosed with a herniated disc in his lower back, but doctors felt that surgery was not recommended. Nevertheless, the client could not do heavy lifting, ultimately lost his job and had to find lighter work. The case was settled for $37,250, plus lifetime future medical benefits.

Mr. Petrinjak represented another client who was denied life insurance benefits that she was entitled to receive. The insurance company delayed payment, saying that they were “investigating” the matter. Hill-Boren filed a lawsuit to establish the client’s right of recovery, and the case was ultimately settled for the full policy benefits.

Attorney Petrinjak represented a woman from Trenton, Tennessee who had worked for eleven years stacking bundles of magazines and developed gradually occurring problems with her shoulder. After the client had undergone shoulder surgery, the plant closed down, and our client lost her job. The case was settled for $44,192, along with future medical care related to the shoulder injury.

Mr. Petrinjak represented a lady from Lexington, Tennessee, who suffered an injury to her thumb. The thumb injury was not serious, but the doctor placed her on restrictions of “no use of the arm.” Instead of allowing the employee to rest and heal her thumb, the employer forced her to wash the walls of the factory using her opposite arm with a brush attached to a long pole. This “light duty” activity caused a serious injury to the opposite shoulder, and she required surgery. The cases were recently settled for $35,000.

Jeff Boyd

Attorney Jeff Boyd represented an employee who received a neck injury when a coworker dropped his end of a heavy pipe, jerking the client’s arms down suddenly. The client initially reported to his work that he had sustained a shoulder injury. However, after checking his shoulder, doctors ruled out a rotator cuff tear and investigated the cause of his pain further. After an MRI of his neck, doctors confirmed that he’d sustained a herniated disc in his neck, which was pressing on the nerves to his arm causing his symptoms. The client had surgery and was making a full recovery when he was involved in a non work related car wreck. The car wreck left the client permanently and totally disabled. Even though his car wreck was unrelated, we were able to settle his work related injury for $91,500 with open future medical benefits.

Mr. Boyd recently represented a client who was drawing social security disability benefits for a host of medical conditions at the time he was injured as a passenger in a car driven by his wife. Just before the wreck, the client had undergone a right hand surgery and was well on his way to recovery when his car was rearended by a van. The wreck caused him to re-injure his surgically repaired hand and caused him to undergo a complete revision of that surgery. He incurred approximately $30,000 in medicals, and the case was settled for $90,000.

Mr. Jeff Boyd represented a client who was a route driver for a national courier service. He was on his route one afternoon when a vehicle crossed the centerline and hit his delivery truck head on. The horrible crash caused the death of the other driver and resulted in an anterior cruciate ligament injury to the client’s knee. The client underwent surgery to repair his ACL and after a period of recovery was able to return to full duty at his job. We settled his workers’ compensation case for lifetime medical benefits for his knee, and we recently settled the case against the driver that caused the wreck for $95,000.

James Krenis

Attorney James Krenis represented a worker in a workers’ comp trial in Chester County. A large Memphis defense firm argued that the worker was not injured on the job. Based only on the testimony of the treating doctor, the worker and the company supervisor, the judge found the worker was entitled to future medical treatment for life and a permanent partial disability monetary award of almost $25,000.

Mr. Krenis recently represented a Jackson resident who was hit from behind at a red light. Fortunately, the victim did not need surgery and had no broken bones. She was treated for pain and muscle soreness by a chiropractor and physical therapists in conjunction with her family doctor after the initial emergency room treatment. Her case settled for $21,000.

A Savannah man fell from a roof while on the job and was unable to continue working in the same type of employment because of his back injury. He sought out James Krenis of Hill-Boren for representation, and his case settled at the Department of Labor mediation for $66,000.

Shannon Toon

Attorney Shannon L. Toon represented a 58 year old CNA for a work related injury to her left knee while transferring a patient from a bed to a chair. She was diagnosed with a medial meniscus tear, flap tear and chrondromalcia. Arthroscopic surgery was performed on the left knee. Despite surgery, she continued to have reduced range of motion. Mr. Toon settled the workers’ compensation claim for $50,000 along with payment for all future medical care.

Shannon L. Toon represented a 46 year old warehouse employee for an injury to his left leg and back. He was wrapping a pallet. He was diagnosed with a blood clot in the left calf, which caused pulmonary complications and a herniated disk. Despite the employer initially disputing the claim, Mr. Toon settled the workers’ compensation claim for $119,244 along with open future medical care for all injuries and payment of the originally disputed medical expenses.

Shannon L. Toon represented a 57 year old gentleman who was attacked by his neighbor’s dog. As a result of the attack, he sustained an avulsion to his right ear and multiple puncture wounds and lacerations. Mr. Toon settled the personal injury claim for $16,905.

Shannon L. Toon represented a 72 year old female who was attacked by a dog that was allowed to run at large by his owners. As a result of the attack, she sustained a gouged out, full thickness injury to her left forearm and bruises on her right arm. She was treated conservatively for several weeks allowing the wound to heal prior to final closure. Mr. Toon settled the personal injury claim for $35,000.

Shannon L. Toon represented a 17 year old male for injuries he sustained during an automobile accident while a passenger in an automobile with a negligent driver. He was diagnosed with rib fractures, a pneumothora, lung laceration and distal clavicle fracture. Mr. Toon settled the personal injury claim with a settlement of $50,000 with the negligent drivers’ carrier and the underinsured motorist carrier.

Ricky Boren

Attorney Ricky Boren recently represented a man who badly injured his arm when he was riding his motorcycle and a car pulled out in front of him. The case settled for the payment of $270,000.

Chris Taylor

Attorney Chris Taylor recently represented an Ohio man who was driving a tractortrailer when he was struck by another truck. The client was treated for lumbar strains, went through extensive physical therapy, multiple injections and additional conservative treatment. Following the filing of his lawsuit, but before trial, the case settled for $250,000.

Mr. Taylor represented a client who had suffered multiple work injuries to her back, developed carpal tunnel syndrome to her right hand, hearing loss and a right shoulder injury. All of her claims were denied by her employer. After her suit was filed, however, before trial, the defendant settled the plaintiff’s case for $87,500. Mr. Taylor’s client was also awarded lifetime future medicals.

Mr. Taylor represented a client who was delivering mail in the course and scope of his employment when he was struck by another truck. The client sustained a back strain and shoulder injury. Before trial, the case settled for $65,000. The client also has a pending workers’ compensation case and will be entitled to more benefits.

Attorney Chris Taylor represented a client who was injured in the course and scope of his employment while lifting at work. Surgery was performed by the company doctor, who determined that the plaintiff had 1% impairment. Mr. Taylor sent the client to a doctor, who determined the client had 19% impairment. Before trial, the case settled for $42,310. The client will also have lifetime future medicals.

Mr. Taylor represented a Florida woman who suffered an injury to her leg in the course and scope of her employment. The plaintiff underwent two surgeries for her injuries. After being released, the case settled for $69,000.

Attorney Chris Taylor represented a client who suffered an injury to his right arm in the course and scope of his employment. Surgery was performed by the company doctor, who determined that the plaintiff had 1% impairment. Mr. Taylor sent his client to a doctor who determined that the client had 17% impairment. Mr. Taylor was able to settle the case for $22,828 with future medicals.

Dangerous Products

Yamaha Recalls ATVs
Yamaha Motor Corporation is currently recalling about 20,000 ATV’s that were sold through Yamaha dealers nationwide from October 2007 through March 2010. This recall involves the non-power steering models. The steering column support assembly can crack, causing the rider to lose steering control and pos-ing a risk of injury or death to riders. Consum-ers should immediately stop using the recalled ATV’s and contact their local Yamaha dealer to schedule a free repair. For additional information, contact Yamaha at 800.962.7926. If you or a loved one have been injured while operating a recalled Yamaha ATV, contact Hill-Boren today for a case evaluation.

Graco Recalls 217,000 Cribs
Graco is currently recalling about 217,000 cribs nationwide. The cribs were manufactured with faulty hardware that can cause the recalled drop-side crib to detach, creating a gap in which infants and tod-dlers can become wedged or entrapped, posing a risk of suffocation and strangulation. More informa-tion on the recalled cribs can be found at GracoBaby.com. This recall joins several others that have been made by Graco over the last few years. If you or a loved one have been injured while using a Graco crib or other recalled Graco prod-uct, call Hill-Boren today for a free case evaluation.

Over-the-Counter Infants’ and Children’s Products Recalled
McNeil Consumer Healthcare is recalling certain over-the-counter (OTC) Children’s and Infants’ liquid products manufactured in the United States. Some of the products included in the recall may contain an higher concentration of active ingredient than is specified; others may contain inactive ingredients that may not meet internal testing requirements; and others may contain tiny particles. For more information on the recalled products, including Tylenol, Motrin, Zyrtec and Benadryl, consumers can contact the company at 1.888.222.6036. If you or a loved one have become ill after taking a recalled OTC medication, contact Hill-Boren today for a free case evaluation.