Chattanooga Personal Injury Lawyer - All Topics - Most Popular

Woman Dies After Falling Off Trunk of Moving Vehicle

Christina Cole — Fri, 20 Apr 2007 23:33:47 GMT

A woman was killed in a car accident when she fell off the trunk of a moving car. The district attorney is getting help from the Tennessee Bureau of Investigation to help figure out what caused the accident.

The woman struck her head on the road, Tuesday, while driving on the trunk. McMinn County investigators were working the accident. The District Attorney General asked the TBI to help assist the investigation.

The woman was transported by helicopter to University of Tennessee Medical Center. A friend said he and Smith were hitched to a ride with a driver in a black Honda, but the woman was riding on the trunk. When she fell, the driver sped off and is still unidentified.

Originally posted at InjuryBoard by Christina Cole

Fatal Drag-Racing Accident in Tennessee

Staff Writer — Tue, 19 Jun 2007 09:45:30 GMT

On Saturday, June 16, there was a drag-racing accident that killed 6 people and injured over a dozen more. The list of fatalities includes four teenagers and two people in their early twenties. Eighteen people who were injured in the accident are still being treated at local hospitals.

The accident occurred when a driver lost control of his vehicle and drove into the crowd.

The driver of the vehicle, who was a 20-year veteran of drag racing, was identified as Troy Critchley. He only sustained minor injuries.

The police say it is still to early to tell if charges will be filed against the driver. Investigators will release their report in about one week.

For more information on this subject, please refer to our section on injuries related to Automobile and Motorcycle Accidents

Originally posted at InjuryBoard by Staff Writer

Gastric Bypass Lawsuit

John Rice — Tue, 27 Mar 2007 13:20:24 GMT

Houston Community Hospital of Texas and one of its surgeons face a medical malpractice lawsuit for the death of a gastric bypass patient. The patient's mother claims the hospital failed to appropriately warn her daughter of the risks involved in the gastric bypass surgery. The same surgeon has been named in another lawsuit.

Originally posted at InjuryBoard by John Rice

Trial lawyers, Physicians and Hospitals

John Rice — Tue, 13 Mar 2007 11:57:59 GMT

The annual battle between trial lawyers on one side and physicians, hospitals and insurance companies on the other is now under way. Lawyers say it's about medical malpractice. Health-care professionals say it's tort reform. (A tort is a wrong inflicted on someone).

Doctors claim greedy trial lawyers and their clients are flooding the courts with frivolous litigation, sending insurance premiums skyrocketing and forcing physicians out of practice or out of state. They use terms such as "crisis," "jackpot" and "lottery" for malpractice awards.

Lawyers respond that lawsuits are the only way for grievously injured ordinary citizens to be compensated for careless or incompetent medical care that can ruin a life.

Both sides pour tens of thousands of dollars into legislative campaigns, and, yes, it is partisan. While there are some exceptions, Republicans -- who now control the Senate -- are on the doctors' side; Democrats -- who still control the House -- side with the lawyers.

It's easy to shrug off the complexities of a doctor-lawyer, Democrat-Republican shouting match. But something fundamental is at stake: citizen access to the courts, one of the oldest of democratic principles.

For years, the centerpiece of tort reform -- both in Tennessee and nationally -- has been a cap on punitive damages. Those are the legal awards on top of actual damages, such as medicine and hospital bills, doled out as punishment for reckless behavior. In Tennessee, the suggested cap has been $250,000.

The problem is that no one is sure that caps will solve the problem and reduce insurance premiums and lawsuits.

During 2004, there were 2,360 medical malpractice lawsuits in Tennessee. There were only six that resulted in final court verdicts, for $6.7 million in damages, and 444 claims were settled out of court.

In 2005, there were only five final judgments totaling $6 million. Of 2,366 lawsuits filed, 83 percent resulted in no payment of damages.

Tennessee doesn't really regulate insurance companies. The emerging figures suggest maybe it should.

The largest medical malpractice insurance company in Tennessee is owned by doctors and covers about 11,000 of the 14,000 practicing physicians in the state. It has been so successful it has branched out to six other states.

During 2004, insurance companies collected $327 million in premiums and paid out $116 million in claims and expenses in the state. Company reserves stood at $730 million.

In 2005, companies collected $341 million in premiums and paid out $186 million. Reserves increased to $822 million.

Clearly, there is a lot of money in the system, but it isn't being doled out from the jury box. Doctors may well be paying high premiums, but they need to look at their insurance company for explanations.

Sponsors of the tort reform legislation seem to be on the verge of dumping the idea of a cap on malpractice awards. Instead, they are working toward a compromise that would penalize lawyers who file frivolous lawsuits. Someone also needs to look at frivolous insurance premiums as part of any agreement.

Originally posted at InjuryBoard by John Rice

Nicaraguan Farmworkers Receive Reward from Dole

Jenny Albano — Thu, 08 Nov 2007 23:58:58 GMT

Dole Foods has just been told, by a Los Angeles jury, that they are being held liable for civil punishment for not informing Nicaraguan plantation workers of potential health dangers from a pesticide.

The decision clears the way for punitive damages in addition to the $3.2 million that jurors awarded the workers earlier this week to compensate them for their injuries. The workers alleged they had been rendered sterile by the pesticide DBCP -- now banned in the United States -- which was used on Dole plantations

The six plantation workers involved in the suit also received a total of $754,000form the maker of the pesticide, Dow Chemical. The workers are to return to court on November 14 to begin the hearing for the punitive damages against Dole Foods. The jurors have already labeled the pesticide as a defective product, which may make the punitive damages higher.

So far, courts in Nicaragua have levied over $600 million in damages against Dole and other companies using the pesticide. This verdict has been the first were foreign farmworkers have won in a U.S. court against Dole Foods and Dow Chemical about the DBCP harm. Right now there are four more lawsuits pending in L.A. about health damage due to DBCP. Thousands of workers from Costa Rica, Honduras, Guatemala, and Panama are involved in the suits.

For more information on this subject, please refer to our section on Workplace Injuries and Discrimination.

Originally posted at InjuryBoard by Jenny Albano

High School Volleyball Coach Killed In Chattanooga Crash

Chrissie Cole — Wed, 16 Sep 2009 12:28:00 GMT

Police suspect excessive speed and alcohol as contributing factors in a fatal wreck that claimed the life of a Central High School assistant volleyball coach.

The accident happened Wednesday at 3:00 a.m. when Jessica Stoker, 21, was traveling north in Interstate 75 near the I24 interchange when she lost control of her vehicle, said Sgt. Jerri Weary, police spokeswoman.

Stoker was ejected from the vehicle, Sgt. Weary said. She was transported to Erlanger Hospital where she was pronounced dead.

Alcohol-related car crashes kill someone every 30 minutes and injure someone every two minutes. In 2008, 1,035 people died in alcohol related crashes in the state of Tennessee.

Originally posted at InjuryBoard by Chrissie Cole

Medical Data Missing

John Rice — Thu, 22 Mar 2007 13:04:56 GMT

Wellpoint has begun informing 75,000 Empire Blue Cross and Blue Shield members that a CD holding their personal data is missing. The CD was lost after being sent to a behavioral services company in Connecticut. An Empire spokeswoman said the data was not encrypted.

Originally posted at InjuryBoard by John Rice

Malpractice Laws Face Changes and Debate

John Rice — Tue, 20 Feb 2007 11:11:09 GMT

As state lawmakers decide whether to pass medical malpractice caps as a means of tort "reform," the Knox News Business Journal offers a debate between a doctor and an attorney who argue both sides of the issue. Lawyer Sid Gilreath argues for defensive medicine, and I must say that I agree:

I want my doctor to use defensive medicine. I want them to use anything available to make sure they are on the right track. When you are talking about a member of your family, your child, you don't want a doctor taking shortcuts on some diagnostic test. It's just like a recent case where a patient went into the hospital because he had a fall and hurt his neck and they didn't X-ray. The next morning he woke up paralyzed from the neck down. They saved the cost of that X-ray, but the result is catastrophic because that person is paralyzed for the rest of his life.

As we all know, the insurance industry has convinced Doctors that lawsuits are pushing their malpractice insurance premiums to new heights. To their credit, it has been quite a successful campaign. Unfortunately, their assertions just aren't accurate.

Originally posted at InjuryBoard by John Rice

Plane Crash in Tennessee Kills 5 Ministers

Jenny Albano — Mon, 03 Sep 2007 22:51:01 GMT

A plane crash the morning of Saturday, September 1 killed all five passengers. The plane crashed in the Cherokee National Forest on Holston Mountain and the crash sight was not discovered for at least eight hours after the accident, when another pilot spotted the wreck. All five passengers were ministers, one was thought to be the pilot of the small plane.

The single-engine Beech Bonanza crashed after leaving the Elizabethton Municipal Airport, officials said. The aircraft had taken off from Hamblen County and landed in Elizabethton to pick up two passengers. It was destined for Virginia Highlands Airport near Abingdon, Va., about 40 miles from Elizabethton.

Rescuers said that the reason it took so long to find the plane crash is because the area is very remote and the trees can disguise the wreckage.

The Jehovah's ministers were all from East Tennessee and were on their way to Abingdon to meet with congregation members to talk about building a new church. The names of the ministers have not been released to the public.

For more information on this subject, please refer to our section on Airlines, Cruises, Buses, and Other Mass Transit Accidents.

Originally posted at InjuryBoard by Jenny Albano

Recall on Robbie Ducky Watering Cans - Lead Paint Contamination

Courtney Mills — Tue, 28 Aug 2007 10:44:09 GMT

The Consumer Product Safety Commission in conjunction with Jo-Ann Stores of Hudson, Ohio, is recalling some 6,000 due to lead paint contamination. According to the CPSC, parts of the watering cans are painted with lead-based paint.

Lead is a heavy metal and can cause serious brain damage to children. Lead is highly toxic and tends to accumulate in the developing brains of children, causing overall reduced I.Q., learning disabilities, and a variety of behavioral problems.

The Robbie Ducky Kids Watering Can is yellow and has an orange beak and is about 10 inches high by 6 inches wide. The children's garden implements were sold at Jo-Ann Fabric and Craft Stores nationwide from February 2007 through August 2007.

All the watering cans were made in China.

For more information on this subject matter, please refer to the section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Courtney Mills