Tennessee Injury Law Center

April 26, 2012

Injuries Arising From Kugel Mesh

Davol, Inc. produced the Kugel mesh patch to be used to repair abdominal hernias. The patch, consisting of two layers of synthetic mesh surrounded by a flexible plastic “memory-recoil ring," is implanted at the site of a hernia. The ring then springs into place, allowing the hernia to heal and regrow around the flattened patch.

Unfortunately, there was a problem with the rings, and the product became the subject of recalls by the FDA in 2005, 2006, and 2007.

Now, there is a problem with the mesh component of the product eroding into the organs of the patients and causing additional physical problems.

April 25, 2012

Doctor Operates on Wrong Body Part

by The Law Offices of John Day, P.C.

Wrong-site surgeries happen with alarming frequency. Wrong-site mistakes can arise several ways, such as mixing up the left and right sides of the body; operating on a patient who was accidentally given test results belonging to someone else; marking the incorrect vertebrae in spinal surgery; neglecting to mark the operative site at all. All of these are errors which can be avoided by reasonable care.

The victim of a wrong-site surgery has a medical negligence claim under Tennessee law. Often, both the surgeon and the facility where the error occurred will have financial responsibility for the mistake.

The challenge in these cases is proving what injuries occurred from the mistake. For instance, in knee cases, sometimes that surgeon will testify that he or she did operate on the wrong knee but that that knee needed the operation, too.

April 23, 2012

What Is a Summons?

by The Law Offices of John Day, P.C.

A summons is a court form that orders the person named in it to appear in court. A summons is usually thought of as the document that accompanies a complaint – the document by which one person describes the basis for a lawsuit against another.

The summons is delivered with the complaint and requires that the person sued answer or otherwise respond to the complaint within thirty days. If no timely response is filed to the lawsuit, the court can determine that the person who filed the lawsuit has won the lawsuit.

A summons of a different type is also used to require people to appear in court to serve on a jury. This is called a juror summons.

April 22, 2012

What Happens at A Deposition?

by The Law Offices of John Day, P.C.

A deposition is a tool used primarily in civil lawsuits for uncovering evidence before an actual trial. In theory and in fact, depositions help resolve cases before trial because each person involved in the case can learn the facts from his or her opponent and from independent witnesses.

Depositions usually take place in a conference room in the office of one of the lawyers involved in the case. One or more lawyers for each party to the lawsuit is present. The parties to the lawsuit are often present, but need not be present unless they are going to testify.

The deposition itself is sworn testimony. The person giving the testimony is called the "deponent." The deponent is asked questions by the lawyers for the parties in the case. The questions and the answers to those questions are recorded by a court reporter and, sometimes, also recorded on video. The deponent has a right to have his or her lawyer present.

April 19, 2012

First Year of Motorcycle Riding is the Most Dangerous

by The Law Offices of John Day, P.C.

The HIghway Data Loss Institute reports that motorcyclists are most at risk when they begin riding.

An analysis of claims data reveals that some 22% of claims studied occurred within the first 30 days after an insurance policy was issued. The rate of claims dropped 1/3rd in the second month and almost 2/3rds after six months. The first 30 days of riding is riskier than the entire second year.

Operating a motorcycle is a complex undertaking. Regardless of your experience, operating motorcycles require your full attention at all times.

April 18, 2012

Personal Watercraft (PWC) Collides With Boat

by The Law Offices of John Day, P.C.

We were on a boat on Old Hickory Lake outside of Nashville, Tennessee. A young man driving a personal watercraft (a jet ski) was jumping our wake real close to the back of the boat. This happened several times. Then the PWC was racing along side of us, and then cut to his right to go close to the back of our boat and hit our wake. At the same time, our boat driver slowed down to try to get the PWC operator to leave us alone. The PWC hit the boat, knocking me off my feet and into the side of the boat, breaking my arm. Is the PWC operator responsible for my injuries?

It is against the law to jump a wake within 100 feet of the back of a boat or to otherwise operate too closely to another boat. So, if the facts shake out as you remember, you will have a claim against the operator for negligently operating the PWC.

Under Tennessee law, any lawsuit you want to file against the PWC operator must be filed within one year of the date of the incident. Failure to file suit on time will result in a loss of your rights.

April 17, 2012

Can Jurors Ask Questions At A Tennessee Auto Accident Trial?

by The Law Offices of John Day, P.C.

I have been summoned to jury duty in civil court. Am I going to be able to ask questions of the witnesses at trial or do I just have to sit there and listen?

Relatively new changes to Tennessee law permit jurors to ask questions under certain circumstances. The judge will instruct you what to do if you want to ask a question.

Do not be offended if the judge refuses to ask the question you want to ask. The law of evidence prohibits a jury from considering some types of information. (For example, you cannot know that the person who is being sued has liability insurance that will pay any money owed. You also are not ordinarily permitted to know about settlement discussions.) In addition, the evidence may be presented at a later time in the trial and judge may want the evidence to be introduced at that time.

April 16, 2012

Holding a Negligent Car Driver Responsible For Payments in Excess of the Insurance Limits

by The Law Offices of John Day, P.C.

The guy that hit me in my Lebanon, Tennessee car accident has limited insurance but I know he has assets. Can I get insurance money and then go after him individually for the difference?

In Tennessee most insurance companies will continue to defend their insured driver even if they have offered insurance policy limits but the injured party refuses to accept them because the value of the case is far more than the insurance available.

So, ordinarily you will have to determine whether you want or need the insurance money (if it is offered to you) or if you are willing to press for more money from the insured at-fault driver individually and thus wait to collect the insurance money.

April 14, 2012

Pharmacy Errors Resulting in Injury or Death

by The Law Offices of John Day, P.C.

I was given a prescription for a drug and took the prescription to my regular pharmacist. I picked up the prescription the next day and started to take the medication as ordered. Two days later I was deathly sick and in the hospital. It turns out I was not given the drug I was prescribed but instead I was given one with a similar name. The drug I was actually given through my heath out of whack and I passed out. I spent one week in the hospital and am still not back to work. My wife talked to the pharmacist and he said that the handwriting on the prescription was confusing. What are my rights?

You may have a claim against the doctor and the pharmacist, however the pharmacist has the obligation to review the prescription and, if he or she cannot read it, to call the doctor’s office to confirm was was actually ordered.

Pharmacists are highly-trained professionals who know that giving the patient the wrong drug can result in very serious problems. If the wrong drug is given not only is the original problem not being treated but the wrong drug can cause problems of its own.

April 13, 2012

Injuries and Deaths of Tennessee Bicyclists

by The Law Offices of John Day, P.C.

This is the season when our streets and highways begin to be filled with bicycles.

Bicycles are treated like vehicles on our roadways and, in general, those operating bicycles have the same duties and responsibilities as those driving cars and trucks.

By the same token, bicyclists enjoy the same rights as other drivers. Thus, all drivers have a duty to exercise a proper lookout for bicyclists and to operate with due care when in the vicinity of a bicyclist.