Law Blog – Lex et Scientia

Zofran Birth Defect Lawsuits

Zofran Birth Defect Lawsuits

Nausea medication linked to birth defects GlaxoSmithKline (GSK), the manufacturer of anti-nausea drug Zofran, is facing numerous birth defect lawsuits in connection with Zofran. The suits allege that GSK engaged in fraudulent marketing practices to encourage pregnant woman to use Zofran, although the drug was never officially tested and approved for use during pregnancy.The lawsuits allege that Zofran creates significant risks of severe birth defects when taken by pregnant patients. Zofran is a prescription medication...
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Stryker hip implant lawsuits

Stryker hip implant lawsuits

Stryker Corporation, a medical technology manufacturer, has come under fire in recent lawsuits alleging manufacturing defects in Stryker hip implants. Many implant patients allege that Stryker’s hip implants fail prematurely, leading to a host of medical complications. Between 2009 and 2016, Stryker issued a series of voluntary recalls for numerous hip implant devices, including the Rejuvenate Modular and ABG II Modular hip stems. The FDA published notices of the recall and supported Stryker’s efforts to...
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Cummins Falls remains closed, no new safety measures implemented

Cummins Falls remains closed, no new safety measures implemented

Cummins Falls remains inaccessible following the June 10 drowning of 2-year-old Steven Pierce. Although the park itself is not closed, the access trails leading to the falls (the park's main attraction) have not reopened. The following message is posted on the state park's website: "The gorge and the trail to the gorge at Cummins Falls is CLOSED. This means there is no access to the water. The overlook is open. We will remove this alert...
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Tennessee Dram Shop Laws

Tennessee Dram Shop Laws

If an intoxicated customer leaves a bar and causes a wreck which injures several others, who is liable? Only the drunk driver, or also the bar that sold him alcohol? Tennessee "dram shop" laws address this question by outlining when a business is responsible for off-premise harm caused by intoxicated customers. Read below to find out when a restaurant, bar, or retailer is responsible for harm caused by drunk patrons. General rule: Consumer responsibility The...
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Cancer link triggers breast implant recall

Cancer link triggers breast implant recall

Allergan, a major breast implant manufacturer, issued a worldwide recall on its textured implants in light of recent studies tying the implants to a rare form of cancer. The July 24 recall came shortly after the FDA asked the company to take its textured implant devices off the shelves. Recent studies by the FDA have corroborated the link between BIA-ALCL, a lymphatic cancer, and textured breast implants. Allergan, one of the leading breast implant manufacturers,...
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6 Reasons Why Lawyers Won’t Take Your Case

6 Reasons Why Lawyers Won’t Take Your Case

Without a doubt, case rejections are one of the most frustrating challenges of starting a case. It's not uncommon for clients to consult with several lawyers before finding one who will take their case. Some attorneys openly discuss their reason for rejecting a case, while others offer more vague explanations to avoid discouraging potential litigants. If you have experienced a case rejection--or maybe several--you may want more information about why an attorney won't take your...
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How to Request Medical Records: Three Steps

How to Request Medical Records: Three Steps

If you or a loved one are involved in a personal injury, wrongful death, or auto accident lawsuit, you'll need to request medical records. If you have already retained an attorney, he or she may be able to obtain these records on your behalf. However, you may wish to obtain your records yourself if you have not yet retained an attorney, or if you are unsure of the extent of your injuries. Although the process...
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What is mediation? Five things you need to know

What is mediation? Five things you need to know

What is mediation? If your attorney suggests a mediation session between you and your opponent, you'll likely feel some apprehension. Most people have only a vague idea of the purpose and process of mediation, and may wish to proceed directly to trial. However, it is estimated that 90-95% of civil cases settle before going to trial, and many settlement agreements are reached during mediation. To maximize your chances of settling, read below for the five...
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Family claims $900,000 for toddler death at Cummins Falls

Family claims $900,000 for toddler death at Cummins Falls

The family of a 2-year-old drowning victim has filed a claim against the Tennessee Department of Environment and Conservation for their child’s death. The toddler's death occurred at Cummins Falls State Park in early June, when a sudden flash flood engulfed the area near the falls. David Randolph Smith & Associates represents the family. The child's parents, Curtis and Hannah Pierce, allege that their son's death was a direct result of state's failure to install...
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Four new Tennessee laws to know

Four new Tennessee laws to know

July 1 saw the passage of several dozen new Tennessee laws, including e-scooter regulations, school bus cameras, and the hot-button cell phone bill. Below, we've compiled and explained four new laws that every Tennessean should be know. For a complete list of the newly-passed bills, including links to their full text, click here. Ban on holding phone while driving Senate Bill 173 (House Bill 164) makes it a Class C misdemeanor to physically hold or...
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TN Supreme Court will hear challenge to non-economic damage caps

TN Supreme Court will hear challenge to non-economic damage caps

The Tennessee Supreme Court decided this week to hear a case challenging the caps on non-economic damages in Tennessee. The court's opinion may influence a federal judge's decision on whether to declare the state damage caps unconstitutional. The state currently caps jury awards for noneconomic damages at $750,000, or $1 million in exceptional situations. If a jury awards a plaintiff more than the allowed amount, the judge will reduce the plaintiff's damages to meet the...
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Nashville scooter injuries: little legal recourse

Nashville scooter injuries: little legal recourse

Nashville scooter injuries are a growing concern for local residents. Ask any Nashvillian for their biggest pet peeves about the growing city, and chances are good that “scooters” will top the list. Electric scooters, or “e-scooters”, are quickly replacing bicycles as the latest urban transportation craze. With thousands scattered across urban Nashville, they’re easy to find and simple to use: just download an app, add your credit card, and scan the scooter to activate it....
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Nashville driver flips car during severe allergy attack, rescued by golfers in bizarre car accident

Nashville driver flips car during severe allergy attack, rescued by golfers in bizarre car accident

Bizarre car accident: A Nashville driver flipped his car on Monday afternoon in Belle Meade after suffering a severe allergy attack. In a sudden fit of uncontrollable sneezing, the unidentified driver lost control of his SUV and ran off the road, hitting a culvert. The impact launched his vehicle and flipped it back into the street. The SUV skidded down the road on its side before coming to rest near a traffic camera, which captured...
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Police Brutality Lawsuits

Police Brutality Lawsuits

Increase in Police Brutality Lawsuits Police brutality lawsuits, also known as excessive force lawsuits, are attracting the attention of many plaintiffs lawyers, according to a post in the National Law Journal . The article notes "more plaintiffs lawyers across the country are taking on cases of police brutality." In bringing a police brutality lawsuit, our Nashville excessive force and police brutality lawyers are motivated by a sense of social justice and fairness for innocent victims...
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Crane injury lawsuit likely after fatal crane collapse in Dallas

Crane injury lawsuit likely after fatal crane collapse in Dallas

A crane injury lawsuit is likely after a fatal crane collapse in Dallas, Texas. Sizable storms and high-speed winds caused a construction-site crane to crash into a Dallas apartment complex on Sunday, killing one resident and injuring at least five others. The crane demolished multiple apartment units and smashed through all five stories of the complex’s garage. The region saw significant winds on Sunday afternoon, with gusts reaching over 70 mph at the peak of...
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Chattanooga police misconduct lawsuit against  police officer amended, alleges department cover-up

Chattanooga police misconduct lawsuit against police officer amended, alleges department cover-up

A Chattanooga police misconduct lawsuit alleging rape against Desmond Logan, a former police officer, was amended on Wednesday to add allegations against two of Logan’s former coworkers, retired Assistant Chief Edwin McPherson and retired Captain Pedro Bacon. The original police misconduct suit claimed that the plaintiff--who has chosen to remain anonymous--was raped by former Chattanooga police officer Desmond Logan while in his custody. In June 2018, Logan allegedly coerced the plaintiff into his police car,...
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Medical Malpractice in Tennessee: Five Things to Know

Medical Malpractice in Tennessee: Five Things to Know

Read below for the top five things to know about bringing a medical malpractice case in Tennessee. In spite of advancing medical technology, many patients still suffer unforeseen consequences from their procedures, such as injury, infection, or even death. Sometimes, these consequences are unavoidable effects of the procedures themselves. Other times, however, they are the tragic results of a physician’s negligence or substandard care. If you’ve experienced an injury as a result of subpar medical...
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Fatal motorcycle accident in Tennessee

Fatal motorcycle accident in Tennessee

A fatal motorcycle accident in Tennessee occurred when the driver of a SUV pulled out in front of a motorcycle driven by 22-year-old Jacob Mathis. A fatal motorcyclist was killed in Nashville on May 27, 2019, at the intersection of Murfreesboro Pike and Hobson Pike. The victim, 22-year-old Jacob Mathis from Fairview, was traveling south on Murfreesboro Pike when an SUV, driven by 36-year-old Gilbreto Diaz, pulled out in front of him suddenly. Mathis’ motorcycle crashed into the passenger side...
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Firm files police misconduct lawsuit for alleged rape by police officer

Firm files police misconduct lawsuit for alleged rape by police officer

A woman is suing the City of Chattanooga after alleging that she was raped by a former city police officer, Desmond Logan. The lawsuit (PDF) claims that Logan had a history of sexual misconduct and that the city was well aware of his recurring behavior but failed to properly investigate or discipline him. Police misconduct lawsuit filed in federal court The plaintiff, who is co-represented by David Randolph Smith & Associates and Sutherland & Belk,...
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Tennessee Motorcycle Accident Attorneys

Tennessee Motorcycle Accident Attorneys

Motorcycle accidents occur in an instant, but the aftermath of a serious accident is often prolonged, overwhelming, and frustrating. It’s difficult to untangle the split-second events leading up to the crash, and dealing with insurance companies, witnesses, and healthcare providers is exhausting. If you or a loved one has been injured in a recent motorcycle accident, you may need a Tennessee motorcycle accident attorney to help you navigate this difficult time. This article will help...
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