My father passed away with renal failure after being on granuflo. My mother told me several months ago that she had an attorney and was including my brother and I on the lawsuit for the death of our father. She said it would be split 3 ways, but n...
First, the issue of connecting renal failure and death to exposure to Granuflo is a complicated, science and law-lased analysis. Second, the lawsuit belongs to your mother, as the surviving spouse of your father. While this situation is difficult to handle, the law does provide a process by which legal claims survive death and pass to other family members. Generally, whoever brings the suit does so as a "trustee" for any legally recognized family members who are designated to receive a share of the case proceeds. Keep in mind that, under Tennessee law, the legal decision of who should receive a share of the lawsuit has no bearing on how close or distant the relationship was while your father was alive. Simply put, Tennessee law does not base wrongful death cases on family who had the closest beneficial relationship. Instead, it designates distribution based on who has the closest technical relationship to the deceased. In this case, a surviving spouse is primary. Second would be any surviving children in equal parts, even if certain siblings had a closer relationship to your father than others.
With regard to issues concerning receiving checks: that is a matter that should be directed to the attorney handling the case. There is discussion of settlement of Granuflo cases, but there have not yet been actual settlements. It is still in the stage of discussion, which likely accounts for why you haven't heard anything. please also consider keeping in communication with your mother, who would be in contact with her attorney.See question
I was ordered to have an Ignition Interlock installed in my car. I went through Smart Start. The device has malfunctioned several times while I have been driving and also while I try to start my car. It has caused me to have to pay out of pocket t...
Tennessee has a rule called the Economic Loss Rule. This rule of law says that you may pursue a legal claim for economic loss, or pursue a case for personal injury, but if your harm is for economic loss, you cannot also claim personal injury in the same case. If you did not receive the benefit of what you paid for, you have a legal claim for the property damage, or for breach of warranty, or for a consumer protection claim for not delivering what was promised. It will require proof that the company's installation caused the problems you have suffered. That may result in costing more to prove than you would recover from the case.See question
If a person has been rear ended with neck and back injuries in a auto accident but, there is no body damage to their vehicle, will they have a problem with settling a claim or winning a lawsuit?? Thank you.
When you pursue a bodily injury claim resulting from a collision, you are operating in the realm of insurance companies. Those companies operate on the principle of "seeing is believing." What they can't see, they do not trust to be true. Sometimes jurors behave the same way. The law allows for a recovery when there is no visible damage, but it is often more difficult to prove why that occurred. People tend to assume no body damage to the car means no damage to the person. However, cars like the classic VW Beetle demonstrated that rigid auto frames transfer the force of the collision directly into the body of the occupants in the car. Most cars these days have "crumple zones" or similar structures. It often takes hiring a mechanical or engineering expert to explain why you can be hurt when the car wasn't. It makes bringing a case more expensive. In any event, consider meeting with a reputable personal injury attorney in your area to consider all of the circumstances of your case.See question
I have heard that when collecting benefits in a workers comp case, that if you receive a separate settlement from a private entity regarding the same injury that the workers comp has a right of subrogation. My question is, if a person has private ...
In addition to the other answers, under Tennessee law, if a health insurance company pays for medical care, and it turns out they have a right to be repaid under the law of subrogation, if they send you or your counsel written notice of a subrogation lien, they have asserted a lien under the law, and they must be dealt with. Assuming the health insurance company has paid according to the terms of the applicable plan, it is likely the health insurance company will have a valid right of subrogation. But, the particular circumstances of each case matter, so consider meeting with a reputable attorney in your area to have the entire situation analyzed.
It is also possible that if the employer's workers' compensation carrier should have paid for care that was paid for by health insurance, those payments can be reversed, sending the bills to the workers' compensation carrier, rather than the health insurance company. It takes time for this to occur, but it can be done, and can possibly keep an injured worker from getting stuck with a bill that is rightfully the responsibility of the employer.See question
I had a friend who had what his attorney referred to as a slip and fall accident. And another friend who had a injury due to a malfunctioning elevator. Both of my friends said their attorneys said their type of case tended to be more difficult to...
Yes. Not all cases require the same level of proof. Motor vehicle claims generally are proven by set "rules of the road" which are documented in a police report, or witnesses. The rules of who was in the wrong are fairly clear to use. In the case of injury from a defective product, the law generally requires you to prove what the defect was, how it caused the problem, and that the product was being used properly. This often requires use of expert witnesses with special skills, which can be expensive. Medical malpractice cases are similar, in that the law requires use of experts, to prove all elements of the case, which is often very expensive and complicated. Slip and fall cases require that either 1) the owner had prior knowledge of a dangerous condition and allowed it to exist; or 2) a dangerous condition was allowed to exist for such a duration of time that the owner, being reasonable, should have taken action to stop it. This is often difficult to prove.
In all cases, it matters considerably who you choose to handle your case. Search for a reputable lawyer or firm in your area, and meet with them to discuss all the circumstances of your case.See question
My husband lost his father Jan Jones (a 75yr old very active blind man, in great health, who accomplished many many great things in his life: he was a Sheriffs deputy back in TX where he was from, graduated from Nashville School For the blind, wa...
In Tennessee, there can only be one case for the wrongful death of a loved one. Generally, the next of kin (in this case Mr. Jones' wife) had priority to file the case, as the surviving spouse. Any recovery from the case passes outside of a will, and outside of probate court. Tennessee wrongful death cases are based on the value of the life of the person who died, not the rights of the family left behind. If Mr. Jones' wife successfully completed a legal case and signed agreements on behalf of that case to end the case (including a promise not to sue), then that agreement is most likely going to prevent any other family from being successful with a wrongful death case for Mr. Jones, since his claim has already been handled, based on the information you provided. I would suspect that recovery is likely the only real source of monetary recovery available, but the particular facts of your situation would determine that issue.
It is possible to approach the District Attorney prosecuting the case as a victim and demand restitution from the accused driver, which would happen if the prosecutor was considering a plea deal, as a possible way to recover something from the other driver for your loss. However, in the case where the family are adult relatives who do not live or are not financially dependent on Mr. Jones, the argument for restitution is weaker. Otherwise, you would have to speak to the surviving spouse about her recovery in the case.See question
I had a car accident. I was hurt with airbag injuries. The man that hit me ran a stop sign. He did not have a insurance card but gave me a policy number. The police officer gave him a ticket for running a stop sign and financial responsible. I hav...
Yes. Strongly consider meeting with a reputable personal injury lawyer in your area. It sounds like the adjuster is giving you the run-around. Having a lawyer on your side early can make a big difference in how a motor vehicle claim gets handled. A good attorney can develop strategies to help you manage your situation.See question
Was taking Mononessa, the generic brand of Ortho-Cyclen and developed a DVT. Emergency surgery to install ivc filter that has dislodged side ways and broken. Cant be removed. What can i do?
Medical device cases can be complex. Generally, a good attorney will investigate the details of a situation to determine what really caused the harm, and unravel any complications as best as possible.
In the case of an ivc filter, your medical records hold the best source of information for identifying the manufacturer. Some can be retrieved and/or removed. The actual device used will likely be important to your situation. Removal is not something that just any surgeon will do, given the sensitive nature of the problem. It will likely take finding a particular specialist with specific experience. A good attorney can help you do that.
Concerning the medication you were given, my experience is that, generally, it is extremely difficult to successfully pursue a case against a generic drug manufacturer, for a host of reasons. However, since the ivc filter and the medication are part of your overall situation, the better approach is to analyze the whole situation, and as part of doing that, identify causes of harm and fault. That will give you some pathway to determine which component of your situation is the problem.
Based on the complexity of your situation, and the sensitive nature of it, I recommend contacting a reputable defective product lawyer in your area to discuss all the facts and circumstances of your case.See question
Got blood clot in 2010. Was taking birth control to try and slow up cycles. Surgery for clot was placing a ivc filter in me and not removing it in a timely manner. I hurt constantly. Still have hard heavy bleeding. And have started coming on twice...
Consider speaking with a personal injury attorney who handles medical device failure cases. Sometimes situations like this are less about anything the implanting doctor did, versus a failure in the device itself. Please note that in either case, Tennessee law requires that legal action be started within one year of the date you knew or should have known of a connection between your situation and the source (ivc filter and/or implant operation). Depending on when your surgery took place, time may have already elapsed in Tennessee to bring a case. However, it may be possible to adopt the law of another state with a longer limitations period, depending on your particular circumstances. These matters are complicated, so the more detail you can provide a lawyer the better job he/she can do to analyze your situation.See question
in April 2015, on a Rainey day a big rig backed into the car we were in, it was raining, the street was wet and busy, the driver of the big rig admitted to passing his turn, and said stopped to back up to make the turn, that he did not see us be...
First, you should strongly consider meeting with a reputable attorney who handles tractor trailer litigation. There is no absolute standard for timing to handle a case. Circumstances matter, and they often impact the duration of time the case takes to resolve. You may want an out of court settlement, but trucking companies and their insurance companies are sophisticated in the way they handle claims. They may settle, but they will use any information they see as beneficial to their advantage, which will most likely be contrary to yours. The level of injuries, medical treatment, and the time it takes to actually document all your losses can add to the time it takes to resolve a case. If your situation only involves damage to your car, then that situation usually takes less time to handle, since the damages are all about the value of repairing or replacing the vehicle.See question