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May 14, 2020May 14, 2020

Wyoming Student Sues for Multiple Year Sexual Assault by Track Coach/Teacher

A student in Wyoming has sued the School District after she was subjected to over three years of sexual assault by Joseph “Joe” Meza, who is incarcerated until at least 2038 for his crimes. You can read more about the lawsuit in the Casper Star Tribune.

The suit alleges that Laramie County School District No. 1 officials, including administrators at Johnson Junior High, were aware that teacher Joseph Meza’s relationship with the victim was inappropriate and that it violated district and professional standards. It alleges that administrators spoke with Meza repeatedly but never investigated or disciplined him for his personal relationship with the victim, which manifested in close contact at the school and drew the attention of staff and students.

We have seen this before – schools turn a blind eye to actions by teachers and coaches to lure students to their rooms and private locations. Teachers have been accused of:

Placing locks on their doors
Covering classroom windows with paper
Signing notes to teachers to ask for students to come to their rooms during free period for extra help
Planning overnight trips and arranging the student to have his or her own room in the hotel
Texting, Snapping and other messaging with the student

The suit involving Mr. Meza alleges that district officials were aware of his tendency to have “too close relationships” with female students. It cites a a fall 2013 incident, in which Meza was seen with his arm around a seventh-grade girl. John Cunningham, the middle school’s principal, “counseled Meza that such conduct was inappropriate and (about) the need for boundaries and personal space with these students,” according to the lawsuit. A letter about the incident was placed in Meza’s personnel file.

If you have been subjected to student/teacher or student/coach sexual assault and have questions, would like to talk or desire a free case evaluation, please contact us today.

May 9, 2020May 9, 2020

COVID-related Nursing Home Injuries

COVID-19, aka the Coronavirus, is a highly infectious virus that can be fatal for individuals 65 years or older. Nursing homes and long-term care facilities are particularly at risk for outbreaks due to the compromised immune symptoms of residents and the constant coming and goings of staff and visitors.

Families in Tennessee, Arkansas, Mississippi and Kentucky are certainly worried about their loved ones and whether they will be exposed to this dangerous virus. While it is still early to say how the courts will respond to COVID-19 lawsuits against nursing homes, there is a basis for personal injury claims and wrongful death suits based on negligence.

Guidelines for Nursing Homes During an Outbreak

Nursing homes are required to abide by state and federal laws regarding the treatment of residents, which includes creating a safe, healthy environment. When they fail to do so, they create dangerous conditions for viruses to spread and harm residents. As such, the CDC has outlined instructions for long-term care facilities and COVID-19 to help limit the spread of the disease and prevent against the tragic loss of life. These protocols and measures include the following:

Reinforcing hygiene policies for respiratory illnesses and hand hygiene
Reminding staff of sick leave policies and to avoid coming into work if they have a fever or feel ill
Expanding access to protective gear, including masks and gloves, and the disposal of said gear
Adding hand-sanitizer solution in every resident’s room and educating residents on hygiene policies with regards to COVID-19
Restrict all visitation except for end of life matters, which are judged on a case by case basis
Restrict all volunteers
Limit or cancel community events and dinners
Regularly screen and test residents for respiratory illnesses
Regularly screen staff at the beginning and end of shifts for respiratory illnesses
If a resident tests positive for COVID-19, they should be placed in a private room with a bathroom or be transferred to a hospital or facility that can handle the infection
Communicate all restrictions, developments, and changes to procedures to residents’ families

The CDC also notes that these guidelines will be updated as more information and best policies come to light. Many of these policies overlap with the procedures nursing homes should follow for the seasonal flu, including sanitizing and cleaning the facility and enforcing sick leave and quarantine procedures to limit its spread.

Nursing homes must also have sufficient staff to care for patients and keep facilities clean.

Liability in Cases of Neglect and Infection

During the initial outbreak of COVID-19, a nursing home in Seattle was described as “ground zero” because of management’s failure to implement proper sanitary policies, social distancing rules, and screenings, as reported by the CDC. As a result, 23 individuals died. The report went on to detail many of the policies and guidelines listed above as effective measures against future outbreaks and losses. Over $600,000 in fines have been levied against that nursing home – and the federal government has given the nursing home until September 2020 to fix the problems or lose their funding.

Nursing homes have a duty to provide a standard of care for residents and protect them against future illnesses. When they fail to do this, they can be cited as being neglectful to residents. Neglect can take many forms in a nursing home, from the failure to provide adequate treatment to unsanitary conditions. If the nursing home management or staff failed to implement proper procedures, either by performing screenings, refusing visitation, implementing social distancing and quarantine, and enacting strict cleaning policies, they can be held liable for any injuries suffered by the residents, including death.

In addition, nursing homes are required to abide by physicians’ orders. If they fail to provide proper treatment for COVID-19, either through proper sanitation, hygiene, or medication, they can also be liable for not following proper procedures.

Filing a Claim Against a Nursing Home

If you would like to discuss an injury to your loved one as a result of COVID, please call us today or fill out the form for a free case evaluation.

May 9, 2020May 9, 2020

My Loved One Was Exposed to COVID in a Nursing Home.

During a pandemic, proper planning can be the difference between life and death, especially for vulnerable populations who live in close quarters, such as nursing homes. To keep your loved one safe, caregivers must follow the latest state and federal guidelines governing their type of facility. Guidelines, which may change by the day, can typically be found by reviewing the CMS and CDC websites, among other official sources.

Read the CMS guidelines for long-term care facilities dated April 2, 2020.

Nursing homes must have proper plans and protocols in place to prevent harm to patients:

Details on their quarantine policy
Steps they’re taking to reduce infection
Screening policies for staff and visitors
The staff’s use of appropriate personal protective equipment (PPE)
The ease of transfer to local hospitals
The facility’s use of separate staffing to avoid cross-exposure between neighboring facilities

If you suspect your loved one is in danger or that their facility isn’t following best practices, try talking with the Administrator or Director of Nursing about your concerns. If they fail to resolve the issue, consider reporting your concerns to the agency that oversees nursing homes in your state or to the CMS.

You can also reach out to us to discuss injuries to your loved one.

May 9, 2020May 9, 2020

COVID Injuries in a Nursing Home

COVID-19 has changed the way we care for our loved ones living in nursing home and assisted living facilities. If you’re in this situation, then there’s probably no end to your list of questions or the depth of your worry and concern. Will my loved one be safe? When will I get to see my family member again? Do the employees caring for my family have what they need to keep them well? While there is little within our control, there are steps that you can take and questions that you can ask to help ease your fears and provide you further insight on your loved one’s care and needs during this troubling time.

Monitor news in their area

If you live far away from your loved one, news reports will most likely be the quickest and easiest way to gather information about the pandemic’s toll in their area, nursing home visitor restrictions, shelter-in-place orders and other issues that may affect your ability to care for your family member.

For example, it wasn’t long ago that Washington State was identified as one of the earliest COVID-19 clusters in the country. As the situation unfolded, news reportsquickly zeroed in on heartbreaking events at one nursing home in particular, Life Care Center in the city of Kirkland, north of Seattle. Poignant images of families reduced to gazing at their loved ones from the other side of a windowpane spoke volumes at a time when the pandemic’s true severity was still hypothetical for much of the country. By March 18, a CDC report linked 129 cases to the facility, including 81 residents, 34 workers and 14 visitors. Sadly, the total cases recorded at the time included at least 37 deaths.

While Life Care Center of Kirkland was the first nursing home thrust under the national spotlight during this pandemic, it is far from the only one providing skilled nursing care for the very demographic that authorities have deemed most susceptible to COVID-19. The situation did, however, serve as a case study on the devastating effects when shortcomings occur at long-term care facilities.

The Centers for Medicare and Medicaid Services issued more than $600,000 in finesafter an inspection at Life Care Center of Kirkland found, “serious deficiencies to be widespread and constituting in Immediate Jeopardy to resident health or safety.” Points of concern included the lack of an infection control surveillance program at the facility and the failure to report to the State Department of Health in a timely manner. The facility has until September to address the agency’s concerns or risk losing federal funding, according to news reports.

Other facilities may be the same. If you fear your loved one has been injured because of COVID as a result of a defective facility, then call us today for help.

Visit Medicare.gov for more information on how to compare nursing homes, including the quality of care and staff at your loved one’s facility.

Then please call us or fill out the form to the right for a free case evaluation.

May 9, 2020May 9, 2020

Bayer Stops Sale of Essure by December 31, 2019

Bayer voluntarily stopped selling Essure in the U.S. at the end of December 2018, and health care professionals are required to implant the devices within one year from the date of purchase. As a result, the window on new implantations is expected to close in the U.S., by the end of 2019. All devices that have not been implanted should be returned to Bayer by the end of the year, the FDA said in its latest update on Essure on November 4.

Additionally, according to the FDA 1,002 patients are enrolled in its postmarket surveillance (522) study on Essure as of September 1. The agency previously instructed Bayer to extend the study from three years to five to better understand long-term patient complications associated with the device.

Single Mother of Two Suffers Severe Bard G2 IVC Side Effects

A New York woman, who is a single mother of two children, has filed a Bard G2 IVC lawsuit against manufacturer C.R. Bard, seeking $75,000 in damages. The plaintiff alleges that she suffered severe Bard G2 IVC side effects due to the defective design of inferior vena cava (IVC) filters. Accusing the manufacturer of introducing a defective design filter in the market, the complainant alleges that the device fractures and breaks in the body, resulting in serious injuries for the patient. In some patients, the device even moves from its position to travel to the lungs or heart, causing extreme complications for the patient. Unfortunately, the complications have even caused death of some patients.

The plaintiff, who had a history of deep vein thrombosis, had got the device implanted to prevent the blood clots from traveling through the inferior vena cava to the lungs or heart. Inferior vena cava is the vein that carries de-oxygenated blood from the lower body to the heart. The bard G2 IVC filter was designed to obstruct the clot and prevent it from traveling to or entering the lungs in order to prevent pulmonary embolism – a life-threatening condition.

Unfortunately, the plaintiff did not get the filter removed within a month or two of its implantation, as she was unaware that the Bard G2 IVC filters must be retrieved within 29-52 days. As a result, the device stayed in her body for several years until she started experiencing severe abdominal pain and went for imaging tests. The doctors discovered that the IVC filter had broken and pieces of the device migrated to and punctured her inferior vena cava, with struts of the device jutting toward the lumbar spine.

The plaintiff’s surgeon advised that the removal procedure was riskier than leaving the displaced device pieces in her body. As a result, the complainant, who is the sole source of support for her two kids, continues to experience pain and suffering, undergoing constant stress that an imminent danger was hanging large that could even cause her death. The plaintiff seeks damages from C.R. Bard for negligence, failure to warn, defective design, and breach of warranties.

Other Similar Lawsuits

The mounting number of Bard G2 IVC lawsuits indicates that not all is well with the Bard filters that were marketed extensively by its manufacturer, claiming that the device could successfully prevent movement of blood clots to the heart or lungs. Unfortunately, around 27 people have died from the injuries sustained from the device’s displacement within the body. The families of the victims have sued C.R. Bard for promoting a product with potentially fatal flaws.

The son of a woman accuses C.R. Bard of distributing a defective product in the market. His mother Gloria Adams had got a filter implanted after a brain aneurysm in 2004. Unfortunately, the woman died a week later, as her autopsy showed that the filter was rendered incapable and a clot pushed the filter into her heart and punctured it.

Contact Us Today

If you or a loved one has suffered C.R. Bard G2 IVC side effects, you have a potential claim against C.R. Bard. Consult our experienced Bard G2 IVC attorneys to investigate your case. Please call us today at (800) 632-1404 for a free case evaluation, especially for a Tennessee IVC injury.

May 9, 2017

An Analysis of Sexual Abuse Complaints Against Teachers in Tennessee

The rising incidents of Tennessee sexual abuse complaints against teachers expose the vulnerability of students in the state. Young and minor students are made victims of sexual assault, rape, consensual or non-consensual sex, psychological distress, physical problems and emotional scar leading to disturbances in their studies. A majority of plaintiffs filing Tennessee sexual abuse lawsuits against schools admit of living a life far from normal for years following teacher sex abuse.

More than three-fourth victims consult a Tennessee sexual abuse attorney years after they subject to sex crimes. The delay in reporting student sex abuse incidents deeply rooted in our parental, institutional and social failures and distress such crimes commit. As a result, perpetrator teachers remain largely scot free for years and continue their sexual harassment.

The legal provisions include both criminal and civil filing of teacher sexual abuse lawsuits. While the criminal action following positive investigations results in imprisonment, a civil Tennessee sexual abuse lawsuit ensures the victim is duly compensated for losses, emotional scar and distress he or she experienced.

If you have experienced a Memphis sexual assault in a Memphis school, please call us today.

Tennessee Student Victims of Sexual abuse at Receiving End

Teacher sexual abuse of students in Tennessee leaves a permanent scar in the minds of victims. This is discernible from the following signs.

About 70 percent of students sexually abused or harassed by teachers suffers from emotional distress and study problems
Students feel isolated, prefer to lead a secluded life beaten by a fear psychosis and embarrassment
Emotional scar remains forever impacting normal life
Victims become prone to violence, self-injury and mental problems
Sexual abuse of students by teacher may lead to defamation of character
Forced relocation, drop out from school or sports teams, public scrutiny, stress, humiliation
Feeling of being violated, loss of trust and traumatic experience
Post-complaint retaliation and backlash

Incidents of Sexual Abuse of Students in Tennessee

In February 2015, sexual abuse complaints rocked three of Tennessee’s universities. The federal administration launched an investigation in June into the “handling of sexual assault allegations against student athletes” by the University of Tennessee officials. Female athletes accused six football players of sexual assault. Students of Vanderbilt University were also indicted for aggravated rape of fellow students.

A Tennessee sex abuse class action lawsuit has been filed following a 2012 confession by a former Shelby County teacher of having sex with girl students. Daniel Acker was briefly placed on sexual offender registry in 1992 before reinstated by the Shelby County School Board of Education. A decade later, the teacher admitted of having “sexual abused other female students during his 17 year tenure for his sexual gratification.” His victims included an 11-year-old girl.

In November 2015, a Knoxville middle school teacher was arrested for sexual exploitation of a minor student. Tennessee authorities charged Serena Rae Milan on 29 counts, including statutory rape, based on her sexual activity with the student.

The 2005 arrest of Pamela Rogers Turner was one of the most famous student sexual abuse incidents involving a Tennessee teacher. The convict had sexual relationship with her 13-year-old student of McMinnville-based Centertown Elementary School. Even during the suspended sentence, the teacher tried to seduce the student by sending the victim her nude pictures and videos.

If you or a loved one has ever been subject to sexual abuse, contact us or call on 1-800-632-1404 for punitive action. Our Tennessee sexual abuse attorney offers free consultation for victims of teacher sex abuse, statutory rape, sexual assault, sexual exploitation and harassment.

May 9, 2017

Essure Lawsuit: An Analysis of Recent Product Liability Claims Against Bayer

The FDA nod for Essure black box warning and persistent campaign by advocacy groups seeking the birth control device recall have led to a surge in Essure lawsuit filing. Thousands of women who had complications of varying degrees following the contraceptive coil implant have been consulting Essure injury lawyers to evaluate and file product liability claims.

Essure Lawsuit Filed Claiming Hysterectomy

A Connecticut woman has filed an Essure lawsuit seeking product liability compensation on the ground that she required to have a hysterectomy or uterus removal surgery to remove the contraceptive coil. The plaintiff underwent the birth control device implant in March 2012. Soon after, she experienced a number of complications associated with Essure side effects, such as pelvic pain, bleeding, depression, and discomfort while having sex.

According to the Essure injury lawyer representing the woman, she was forced to seek the removal of the birth control coil within a year, as complications adversely affected her life. But there was no other way than to perform a hysterectomy to remove the contraceptive coil. The Essure lawsuit alleges that “had defendants properly warned or reported the adverse events to the FDA as required under federal law, the warnings would have reached Plaintiff’s implanting physician in time to prevent Plaintiff’s injuries.” Manufacturer Bayer is being blamed for withholding complaints about the safety and efficacy of the contraceptive and causing thousands of unsuspicious users to suffer from Essure side effects.

32 Women File Essure Lawsuit Filed Claiming Debilitating Injuries

Within weeks of FDA black box warning announcement, 32 women filed an Essure lawsuit in St. Louis Circuit Court seeking product liability against Bayer. These women reportedly had permanent and debilitating injuries after undergoing Essure sterilization. According to the Essure injury lawyer representing the plaintiffs, the manufacturer was aware of potential risks associated with the birth control device, but did not disclose the same to warn consumers and medical professionals for the sake of commercial interest.

All 32 women suffered from various Essure side effects, such as uterus and fallopian tube perforation, device migration, continued pain and infection, allergic reaction, and other complications. In Canada, a potential Essure class action lawsuit has already been initiated.

25 Women File Essure Lawsuit Claiming Devastating Complications

A recent Essure lawsuit filed jointly by 25 women seeks compensation for each plaintiff for severe and debilitating injury she had after using the birth control device. Submitted at the Pennsylvania Eastern District Court, the product liability litigation highlights “severe pelvic pain, infection, incontinence, tingling in the extremities, blurred vision, device migration, and hysterectomy” in plaintiffs following the contraceptive coil implant.

“Defendants ‘handed out’ this equipment to unqualified physicians, including plaintiffs’ implanting physician, in an effort to sell its product; defendants knew or failed to recognize that the implanting physician was not qualified to use such specialized equipment yet provided the equipment to the unqualified implanting physician in order to capture the market,” the Essure lawsuit claims.

According to their Essure injury lawyer, many plaintiffs were forced to undergo partial or complete hysterectomy following injuries or during the device removal. The implant, in many cases, slips out of its original place and migrate to other areas. This migration leads to perforation of pelvic and reproduction organs.

All Essure lawsuits filed accuse Bayer of introducing faulty device, breach of warranty, failure to inform side effects, and fraudulent concealment. The manufacturer is expected to be sued by hundreds of such claims seeking product liability in the coming months. Contact our Essure injury lawyer or call on 1-800-632-1404 for an evaluation of your product liability claim.

May 9, 2017May 9, 2017

Nursing Home Diabetic Care Negligence Put Residents at Risk of More Health Hazards

A Kentucky woman has filed a nursing home diabetic care negligence lawsuit against Symphony Crestwood, alleging that her insulin-dependent diabetic mother, who required skilled nursing care, was not properly cared for. The lawsuit claims that inadequate monitoring of blood glucose levels caused the plaintiff’s mother to go into coma, resulting in her death. The plaintiff seeks more than $50,000 in damages from the Kentucky nursing facility for negligent care.

Diabetes and the Elderly

Being elderly and diabetic raises a person’s risk of suffering from different ailments, requiring diligent & consistent care. Elderly diabetics are at an increased risk of mental and physical disabilities, heart ailments, stroke, extreme blood pressure changes, and premature death.

Besides, some health issues are more prevalent in aging and elderly diabetics, who are also at high risk of mental illnesses, depression, urinary incontinence, persistent pain, and reduced mental functioning. Bed sores only aggravate with diabetes.

Nursing Home Elderly Diabetic Care

Diabetes management is critical to the health & wellbeing of elderly patients affected by the disease. It requires ongoing evaluation and treatment, with constant monitoring of blood glucose levels and dietary intake. Elderly are at a higher risk of complications from diabetes. It is the responsibility of nursing homes to provide diabetes patients with a high level of care and constantly monitor changes in blood sugar levels.

The Kentucky nursing home negligence lawsuit accuses the nursing home of negligence and failure to constantly monitor blood sugar levels of the patient. As a result, she lapsed into a coma and consequently died. The plaintiff claims that this condition could have been avoided had the nursing home staff been diligent in monitoring the patient’s blood glucose levels and providing preemptive treatment in the case any changes were detected.

Skilled Nursing Homes

A higher level of care is expected of skilled nursing facilities for residents, as the latter are fighting different medical and health conditions and have increased medical and care needs. Loved ones of residents expect the nursing homes to ensure that all medical & care needs of the residents would be attended to. Lack of proper care and negligence in such facilities often has devastating results, leading to injury to or even death of the resident, as cited by Kentucky nursing home abuse lawsuits.

The prime causes of nursing home abuse include:

Understaffing: Mistakes and neglects often become commonplace in nursing homes with a shortage of staff. The rising cost of labor is often blamed for the understaffing of care homes. As a result, residents do not get adequate personal attention, often resulting in their abuse from the overstressed and overworked staff. Studies show that residents in understaffed long-term care facilities are at a high risk of abuse, infections, malnutrition, severe weight loss, pneumonia, dehydration, and bedsores.
Exhaustion & overtime: The lack of adequate staff puts excessive pressure on existing staff. An exhausted & overworked staff that has to work overtime may make mistakes and fail to monitor changes in patient’s health condition.

Staff is required to supervise residents and ensure that their basic care needs are met, including going to the bathroom, administering medicines, maintaining hygiene & cleanliness, and providing right diet. Without enough staff, nursing home diabetic care isn’t possible. Rather, these set stage for dehydration, unhygienic setting, lack of direct care and health issues.

Thus often Kentucky nursing homes tend to be negligent in providing care to residents. If a loved one has suffered or died due to nursing home diabetic care negligence or abuse you may be entitled to compensation for pain and suffering and medical expenses, besides other costs associated with the neglectful act.

Get in touch with us at 1-800-632-1404 to speak with our expert nursing home abuse attorney in Kentucky for legal consultation. Contact us to review your case and get back to you.

July 11, 2016

Essure Lawsuit: Woman Claims Perforation of Reproductive Organs

As a Tennessee, Arkansas and Kentucky lawyer looking at Essure injury claims, I wanted to provide the following information. New Essure lawsuit claims continue to be filed, as the call for market withdrawal of the birth control device is growing louder. A South Carolina woman, in one of the latest litigations, has sought product liability against the transvaginal device maker Bayer. According to the Essure attorney representing the lawsuit, the coil-shaped contraceptive broke inside the plaintiff’s body and damaged her fallopian tube beyond repair.

Filed in a California federal court, the Essure lawsuit claims of persistent pain and bleeding following the transvaginal birth control device implant. Tanya De La Paz, the plaintiff, was told by her doctor that the contraceptive coil implanted had “broken or stretched” inside her body. The injury so severe that she underwent removal surgery and her fallopian tube was resected.

The plaintiff had severe bleeding when she went for her first Essure implant that was unsuccessful. She had the perforation during the second implant and side effects, including severe pain, were visible within three months. It was removed two months later.

Essure Lawsuit and Recall Demands Continue

With large number of Essure injury reports going public and lawyers continue to file claims across the United States, the clamor for FDA recall is getting strong. The transvaginal contraceptive, a bendable coil, is implanted into the fallopian tube in an outpatient procedure. It has to be inserted through the vagina and uterus. Many women have complained of scar tissue formation and damage to cervix during the implant. Vaginal bleeding and uterus perforation are other most-occurred injuries cited by Essure lawsuit plaintiffs.

Until May 2015, The FDA had received at least 5,000 Essure side effect reports and a large number of such injuries point out the need for the removal surgery. The large volume of claims and prospective lawsuits every Essure attorney flooded with lends credence to the demand for safety reassessment of the birth control device.

A recent study reported in the British Medical Journal warns that an Essure birth control implant put women 10-fold higher risk of surgery and secondary surgical complications compared to tubal ligation. Attributed to scholars from New York’s Weill Medical College, the study took into account the history of over 50,000 women, who had either of the two sterilization processes, monitored over a one-year period.

Those with Essure birth control had “pelvic inflammatory disease, major abdominal surgery, or cesarean section,” the study found. Women suffered from Essure injuries and side effects forcing them to undergo removal and other surgeries. The incidence is 21 in every 1,000 women who received the transvaginal implant.

A large number of women, including those who have filed Essure product liability lawsuits claiming injuries, attended the FDA hearing on the birth control safety. They demanded the revocation of approval given to the transvaginal contraceptive. The review was a foregone conclusion after a Facebook group relentlessly campaign highlighting Essure side effects and encouraging women to report side effects and file Essure lawsuit claiming product liability.

Contact our Essure injury attorney or call on 1-800-632-1404 to explore options for filing Essure injury lawsuit and seek compensation and damages for suffering from complications associated with the birth control device.