Law Blog – Lex et Scientia

Product Liability: Dangerous Toys

Product Liability: Dangerous Toys

Thousands of children are injured every year by toys with small parts, dangerous materials, or faulty designs. Toy-related injuries can bring significant medical bills, fear, and trauma to victims' families. When injuries result from a toy manufacturer's negligence, the manufacturer may be held liable for the family's harm in a product liability lawsuit. Injuries from Dangerous Toys In 2018 alone, the Consumer Product Safety Commission (CPSC) reported over 225,000 toy-related injuries in the United States....
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Police Pursuit Injuries

Police Pursuit Injuries

Police pursuits are a popular topic for crime dramas and action movies. In real life, however, there are a number of safety concerns posed by police chases. The goal of most police pursuits is to halt individuals whose conduct may injure themselves or others. Some officers use special intervention tactics, such as TIVs or PIT maneuvers, to stop drivers who may be drunk or otherwise dangerous. Unfortunately, not all officers use police pursuit tactics correctly....
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Fortune: Allergan BIA-ALCL lawsuit “suggests systemic failure”

Fortune: Allergan BIA-ALCL lawsuit “suggests systemic failure”

Breast implant manufacturer Allergan faces national scrutiny amidst growing awareness of BIA-ALCL, a cancer of the lymph nodes. BIA-ALCL is specifically linked to certain types of silicone implants, particularly the ones Allergan manufactures. A recent article from Fortune magazine exposes the growing BIA-ALCL crisis, noting the increasing diagnoses and continued denial by Allergan. The article asserts that the BIA-ALCL crisis, and resulting lawsuits against Allergan, suggest "systemic failure in a global industry that [has] never...
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Dismissal denied in Operation Candy Crush case

Dismissal denied in Operation Candy Crush case

The "Operation Candy Crush" lawsuit will move forward in federal court following an appellate decision in the plaintiffs' favor. Defendants argued for dismissal of the suit, which arises from a 2018 sting operation. Both the District Court and Sixth Circuit Court of Appeals denied defendants' motion to dismiss, allowing the suit to continue in litigation. "Operation Candy Crush" The lawsuit centers around a Rutherford County sting operation nicknamed "Operation Candy Crush." In 2018, officers arrested...
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Over 500 TOSHA complaints filed during COVID-19 outbreak

Over 500 TOSHA complaints filed during COVID-19 outbreak

Tennessee saw a sharp increase in workplace complaints as the COVID-19 virus swept across the state. The spike in complaints began when Governor Lee declared a state of emergency on March 12. Through March and April, the Tennessee Occupational Safety and Health Administration (TOSHA) received over 500 complaints of hazardous working conditions. Nearly two thirds of these complaints relate to COVID-19. Many of the TOSHA complaints allege that employers are failing to protect workers from...
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Cookeville nursing home faces COVID-19 fatalities

Cookeville nursing home faces COVID-19 fatalities

A nursing home in Cookeville has lost three residents to COVID-19 following a sudden outbreak this month. The tragedy at Signature HealthCARE of Putnam County adds to growing public concern over outbreaks at Tennessee care facilities, where the state's most vulnerable population is increasingly exposed to the virus. The Nashville Tennessean reported that 33 residents and 15 staff members at Signature HealthCARE tested positive for the virus in April. Three of the infected residents have...
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Tennessee silent on COVID-19 nursing home outbreaks

Tennessee silent on COVID-19 nursing home outbreaks

The Tennessee health commissioner refuses to release statistics on COVID-19 infections in nursing homes across the state, despite growing concerns over recent outbreaks. In an interview with News Channel 5, Dr. Lisa Piercey acknowledged that COVID-19 infections in Tennessee nursing homes are tracked and recorded. "Our contact tracing folks and epidemiologists do know exactly what is in each facility," she stated. But when pressed for the release of such numbers, Dr. Piercey responded, "We do...
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Paragard Lawsuits – Defective IUDs

Paragard Lawsuits – Defective IUDs

Paragard, a popular intrauterine birth control device, faces lawsuits from consumers who claim that the device broke, embedded, or caused metal poisoning by copper toxicity. The experienced defective medical device attorneys at David Randolph Smith are prepared to seek compensation on the behalf of patients who suffer injury from Paragard IUDs. What is Paragard? Paragard is the brand name of a contraceptive intrauterine device (IUD). The Paragard IUD is a copper-wrapped plastic device that intercepts...
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Tennessee nursing home in crisis amid COVID-19 outbreak

Tennessee nursing home in crisis amid COVID-19 outbreak

A nursing home in Gallatin, TN underwent an emergency evacuation on March 27-29 after nearly 100 residents tested positive for COVID-19. Additional testing showed that 33 staff members were also infected with the virus. All infected residents were transported to the Sumner Regional Medical Center for treatment. Infected staff members are reportedly self-isolating at home. Although most of the diagnosed residents were asymptomatic, a recent statement from SRMC revealed that two patients have passed away...
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Belviq Lawsuits – Cancer Risk of Weight Loss Drug

Belviq Lawsuits – Cancer Risk of Weight Loss Drug

Recent statements by the FDA indicate that weight loss drug Belviq puts consumers at a heightened risk of pancreatic, lung, and colorectal cancer. The FDA's conclusions lead Belviq manufacturer Eisai to issue a voluntary recall of the drug in February. Belviq's recall leaves many patients fearful and uncertain of the future as more research is conducted on Belviq's cancer risks. What is Belviq? Belviq is the trade name for the drug lorcaserin, which was originally...
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Truvada Lawsuits: Dangerous side effects

Truvada Lawsuits: Dangerous side effects

Prescription medication Truvada is under scrutiny in light of recent lawsuits alleging that the drug has dangerous side effects. Multiple plaintiffs allege that Truvada can cause serious and sometimes permanent damage to the liver, kidneys, and bones, and that the drug manufacturer failed to adequately warn the public of such dangers or adopt a safer formula for the drug. What is Truvada? Truvada is a prescription medication used to treat the effects of HIV-1. Truvada...
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Nashville attorney David Randolph Smith on Allergan litigation committee

Nashville attorney David Randolph Smith on Allergan litigation committee

A federal judge has appointed Nashville products liability attorney David Randolph Smith to the steering committee in a multi-district litigation against breast implant manufacturer Allergan, amid accusations that Allergan's implants cause a dangerous form of cancer. The litigation arises from numerous lawsuits alleging that Allergan's textured implants can cause BIA-ALCL, a type of lymphoma, in unsuspecting patients. There have been hundreds of reported cases of BIA-ALCL worldwide, and 34 known fatalities caused by the disease....
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Complaint filed in Allergan breast implant lawsuit

Complaint filed in Allergan breast implant lawsuit

In January, the Tennessee products liability firm of David Randolph Smith & Associates filed a wrongful death lawsuit against breast implant manufacturer Allergan. The complaint was filed in Missouri on behalf of plaintiff Calvin Parr and his late wife, Lizabeth. Mr. Parr lost his wife last year to BIA-ALCL, a type of lymphoma associated with breast implants. BIA-ALCL primarily develops in patients who have had textured breast implants at some point in their lives. Although...
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TN CoreCivic prisons face substantial homicide rate

TN CoreCivic prisons face substantial homicide rate

CoreCivic, a private prison corporation, continues to gain notoriety for the high homicide rate within its facilities. The increasing number of fatalities has provoked public outcry against the private prison system in Tennessee, leading many to question the lack of oversight and inadequate responses to inmate deaths. CoreCivic, which operates four prison facilities in Tennessee, houses about a third of the state's inmate population. According to the Tennessean's recent article, however, nearly 63% of prison...
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New law allows medical malpractice claims against military providers

New law allows medical malpractice claims against military providers

Pursuant to a new act, military personnel can now bring medical malpractice claims against the government for injuries caused by negligent military medical providers. The National Defense Authorization Act, which took effect January 1, allows service personnel and their families to file claims against the U.S. government for personal injuries or wrongful death caused by the negligence of a Department of Defense-employed healthcare provider. Claims of medical malpractice will be filed through the Pentagon, which...
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Allergan breast implant lawsuits centralized in New Jersey

Allergan breast implant lawsuits centralized in New Jersey

Four federal lawsuits against breast implant maker Allergan have been centralized to ensure efficiency as the cases proceed. The United States Judicial Panel on Multidistrict Litigation (JPML) has ordered the transfer of multiple Allergan breast implant lawsuits to the District of New Jersey, creating a centralized litigation docket specifically for these claims. These Allergan recall lawsuits reflect an ongoing barrage of litigation against Allergan in relation to its textured breast implants. Some implants have been...
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Judge denies dismissal of Chattanooga police officer rape case

Judge denies dismissal of Chattanooga police officer rape case

A municipal liability suit against the City of Chattanooga will move forward after a federal district judge denied the City's motion to dismiss. The order means that the suit will continue to move forward, bringing the anonymous plaintiff one step closer to obtaining justice. In May of this year, an anonymous victim--represented by David Randolph Smith & Associates--brought suit against the City of Chattanooga, alleging that she was raped by former Chattanooga police officer Desmond...
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Five Things to Know Before Your Deposition

Five Things to Know Before Your Deposition

Depositions allow attorneys to evaluate the strength of a case by questioning each side's witnesses. Your deposition is probably the most important component of your case, next to an in-court appearance. It is vital to present yourself as a polished, coherent witness; you want your opponent to feel as if you could easily sway a judge and jury in your favor. Preparation is key in conducting a successful deposition. Read our five tips below to...
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FDA calls for breast implant warnings following cancer lawsuits

FDA calls for breast implant warnings following cancer lawsuits

In an official statement released Wednesday, the FDA requested that breast implant manufacturers impose strict warning standards on their products. The statement comes after numerous cases of lymphoma, an immune system cancer, have been linked to certain kinds of breast implants. The agency called for breast implant manufacturers to include bold, noticeable warnings on their products to alert customers to possible health risks. The agency recommends that breast implants include a boxed warning, also known...
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Firm files $900,000 lawsuit in Cummins Falls drowning case

Firm files $900,000 lawsuit in Cummins Falls drowning case

On behalf of the family of a toddler who drowned at Cummins Falls this June, our law firm has filed a wrongful death lawsuit against the park. Hannah and Curtis Pierce, parents of 2-year-old victim Steven Pierce, formally filed suit on Monday. The Pierces--represented by the wrongful death attorneys of David Randolph Smith & Associates--allege that the park system's negligence caused the death of their son. CLICK HERE to read the wrongful death lawsuit. Family's...
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