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June 21, 2016June 21, 2016

Tennessee False Claims Attorney Explores Medicaid Fraud Reporting by Whistleblowers

Tennessee, 28 other states and the federal government are expected to receive $4.1 million as a result of the actions of a Medicaid fraud whistleblower. Earlier in September 2015, a whistleblower and his Tennessee false claim attorney fought another Medicaid fraud forcing Louisville-based PharMerica Healthcare to pay $1.3 million. It was accused of billing TennCare for more drugs than used. In one of the largest Medicaid fraud recovery, Florida-based Adventist Health System, which also has clinics in Tennessee, settled a 2012 whistleblower Medicaid fraud lawsuit for $118.7 million. Last year, home healthcare agency CareAll made a similar settlement for $25 million after a healthcare false claim lawsuit filed by a whistleblower and his Tennessee false claims attorney.

How To Report Medicaid Fraud?

The Tennessee Medicaid False Claims Act of 1993 allows anyone, a resident of the state or not, to report a Medicaid or healthcare fraud. However, he or she must have ample evidence to showcase embezzlement of funds and claims should not be more than three-year old.

A Medicaid fraud whistleblower should hire a false claims attorney in Tennessee to prepare and file a lawsuit. First, the claim is presented to the court or appropriate authorities “under seal.” The whistleblower may be interviewed by officials empowered to investigate Medicaid fraud and take a decision on joining the lawsuit. The relator is free to continue his or her Tennessee false claim lawsuit even if the state or federal authorities do not back the claim.

What is qui tam lawsuit?

A qui tam lawsuit is the paperwork filed in the court by whistleblowers. A civil lawsuit of this type has been instrumental in recovering more than $16 billion Medicaid funds embezzled through false billing practices. It allows a private individual to sue an entity, individual or business on the behalf of government for Medicaid fraud. The plaintiff’s identity and lawsuit details are kept secret until an investigation by authorities into the genuineness of the claim. If there is a recovery, the “relator” will share in the recovery.

What a whistleblower can report?

Any false claim, action or practice leading to Medicaid fraud
False claims for Medicaid fund payments
Medicaid billing upcoding
Falsifying Medicaid record to seek a higher payment
Conspiracy to defraud Medicaid money
Avoiding payment of Medicaid-related amount to the state
Acting in an ignorant manner despite being aware of false payments
Deliberate ignorance of the false Medicaid payment
Any fraudulent act by individual, entity, trust, business or agency that cause Medicaid fraud

What type of benefits and protection a whistleblower is granted in Tennessee?

A Tennessee Medicaid fraud whistleblower is provided with several incentives and protective measures as a mean of encouragement. There are legal provisions to ensure safety of whistleblowers from ant retaliation, backlash, harm or loss of job.

The financial award for a whistleblower and his Tennessee false claims attorney amounts to 15 to 25 percent of total money recovered, including fines, when state or federal authorities joins the claim. Fighting on your own leads to a higher award, usually between one-third and one-fourth of the recovery. The plaintiff may also claim reimbursement of attorney fees and legal costs.

For free whistleblower case evaluation, please call on 1-800-632-1404 to consult our Medicaid false claims attorney in Tennessee.

June 21, 2016

“Essure Problems” Seek Congressional Probe into FDA Failure To Recall Essure Birth Control Device

As thousands visit Essure injury lawyers to explore possibility of product liability lawsuit over Essure side effects, an advocacy group is seeking a Congressional probe into FDA oversight of the birth control device. The 30,000-strong Facebook group “Essure Problems” with hundreds of women who had harrowing tales to tell about Essure side effects has been vocal against the FDA’s failure to recall the contraceptive. It alleges that the FDA did not take into account the many reports of Essure injuries despite “inadequate and inappropriate clinical trials from the beginning.”

In a letter addressed to Jason Chaffet, who heads the Congressional Committee on Oversight and Government Reform, the group highlighted following potential reasons to believe that the FDA oversight of the Essure birth control is not up to the mark.

Approval Without Sufficient Clinical Trials

The advocacy group claims that the FDA approved Essure without adequate clinical trials. Only two non-randomized, non-blinded studies were conducted. Of the 926 women selected, 181 dropped out and only a fourth subjects were followed for 2 years. There was no control group, which limited an effective assessment of the Essure side effects.

The post-marketing studies were also surrounded with controversies. According an article published in the New England Journal of Medicine, Essure birth control approval is an example of “lack of thorough examination, no well-conducted premarketing clinical trials, and absence of dedicated follow-up in post-marketing studies.” At least 27 women recruited for trials are now part of Essure Problems and openly discuss how the contraceptive forced them to suffer from complications, including post-placement surgery. There were also no trials to assess the side effects of PET fibers in the Essure coil.

No Attention To Essure Side Effect Complaints

The FDA, according to Essure Problems, turned a blind eye to adverse event complaints. Despite 10,000 Essure side effect reports to the regulator and discovery of another 32,000 underreported incidents, it took no action. Making matters worse, the FDA did not comply with the request for a meeting by the advocacy group to discuss Essure injury facts for years.

The group even claims that medical reports of trials were altered and Essure side effect complaints were not acknowledged or reported. In 2016, the FDA admitted an error in reporting the problems associated with the birth control.

Delay in Safety Warning

Despite thousands of Essure side effect complaints, the FDA delayed in issuing safety warnings. It admitted inaccurate reporting and intentional misrepresentation of safety data, but took no action. Even a November 2015 warning about “dangers of Lubricious Coating Separation” was not extended to Essure contraceptive coil.

Essure Problems also cites the FDA’s failure to rein in “highly aggressive marketing tactics” by the manufacturer making certain claims. The group has also highlighted business relationships between some in the top echelon of the FDA and manufacturers. It even questions the FDA’s failure to recall the birth control device after the February 2016 announcement of a required black box warning and more safety studies saying that such action puts “a whole new group of unsuspecting women on a path to being harmed by the device with absolutely no legal recourse.”

A study published in the British Medical Journal suggests that Essure side effects put users at a 10-fold risk of surgical treatment compared to laparoscopic sterilization. In the United States, thousands of women affected by complications linked to the contraceptive are considering the filing of a product liability claim.

Contact our Essure injury lawyer or call on 1-800-632-1404 for an evaluation of your product liability claim.

May 21, 2016

Thrombosis Risk High From Unretrieved IVG filters

There have been increasing reports of complications from IVC (inferior vena cava) filters, which are supposedly designed to prevent blood clots from traveling to the lungs. A recent study links the IVG filters to thrombosis, claiming that there is a high risk of the devices puncturing internal organs. As opposed to the manufacturer’s claims that the retrievable devices are designed to prevent blood clots from traveling to the lungs, the filters have been found to fracture inside the body, thus raising the risk of clots and Bard G2 IVC side effects when they are not retrieved for prolonged periods of time.

The University of Rochester Medical Center researchers, who conducted the study published in JACC Cardiovascular Interventions, warn that unretrieved IVC filter causes 2.6-4% of the total cases of deep vein thrombosis.

What are IVC Filters?

In simple words, these are spider-shaped devices placed in the vena cava. These filters are designed to “catch” clots that may break and move freely in the body, blocking them from traveling to different parts of the body, including lungs, causing pulmonary embolism.

However, problems have been reported with retrievable IVC filters, where the displaced devices resulted in severe and fatal injuries. Some of the most severe repercussions of the displacement is the puncturing of the vein and the device moving to the heart or lungs, resulting in fatal consequences.

There have been increasing reports of migration, perforation, and fracturing caused of these retrievable devices. Retrievable filters are designed for patients at a high risk for pulmonary embolism. Since these are retrievable devices, they are removed once the risk has reduced and the filters are no longer needed.

However, if the devices aren’t removed, there is a severe risk of Bard G2 IVC side effects. Moreover, the longer a device remains within the body, the tougher it is to remove, causing severe complications.

The FDA issued an advisory in May 2014, urging doctors to remove IVC filters once the risk of pulmonary embolism had reduced in a patient, basically in one or two months, as there is a risk of fracture and migration if the device is not retrieved, resulting in serious Bard G2 IVC side effects.

Researchers warn that patients with untreated IVC filter blood clots are at a high risk of post-thrombotic syndrome if the device is not retrieved. This risks causing disabling venous claudication, pulmonary embolism, and venous ulceration.

IVC Filter Lawsuits

Hundreds of Bard G2 IVC lawsuits have been filed on behalf of people that have suffered from the migration, fracturing, or perforation of these retrievable devices.

The first litigation was filed in 2010, when the FDA indicated having received 900 adverse event reports about the Bard G2 IVC side effects, of which 328 were about migration of the device, while 146 were about the disintegration of the components. There were 70 reports of perforation and 56 of fracturing, raising concerns of the safety of the filters.

If you or a loved one has suffered from the side effects of these devices, you may have a potential claim against the manufacturer. Our Bard G2 IVC attorney have been representing individuals who have experienced problems with these filters, where the devices have either broken or fractured or even perforated, causing potentially life-threatening injuries.

The IVG filters are unreasonably dangerous. You may be eligible for financial compensation for the pain and suffering. Our IVC filter injury lawyer is reviewing potential Bard G2 IVC filter lawsuits. Contact us or call on 1-800 632-1404 to evaluate any prospective product liability or personal injury claim for yourself, a friend, or family member.

May 21, 2016

FDA Mandates Black Box Warning To Highlight Essure Side Effects

The U.S. Food and Drug Administration, under pressure from activists and women who suffered from Essure side effects, has finally asked manufacturer Bayer to add a “black box warning” to its controversial birth control device. The step was imminent in the face of large number of adverse events reported in print and social media over the years. A joint Essure lawsuit representing two dozen women has also been filed against Bayer for “actively withholding” information on the contraceptive side effects reported to it.

According to the FDA statement posted on its website, the strongest safety warning label on Essure birth control is “to call attention to serious or life-threatening risks.” It also called for additional studies and trials to address Essure safety concerns. Essure was approved in November 2002 as a permanent sterilization option for women. By May 2015, the FDA received over 5,000 Essure side effect complaints highlighting contraceptive failure, migration, unintended pregnancies, abdominal inflammation and pain, uterus and fallopian tube perforation, severe allergic reaction, and miscarriages. Bayer is accused of hiding thousands of post-marketing reports on the birth control adverse events.

Essure device comprises of two nickel-titanium coils with tiny and flexible polyethylene terephthalate inserts. The coil when inserted into the fallopian tubes using a catheter induces scar tissue growth for a three-month period. This ingrowth turns into a barrier inside the fallopian tubes blocking sperm movement. It is a permanent sterilization method and for those who do not want children in the future.

The FDA Essure warning also accompanies a checklist for doctors to ask patients about their experience and provide inputs about safety and effectiveness of the birth control device. Planed to have a sample of size of at least 2,000, the assessment will go on for three years.

Earlier in July 2015, the FDA went for a review of the birth control. However, it ended with the manufacturer being asked to carry on more safety research. Consumer groups and activists are critical of such FDA action and have been demanding a recall of the birth control device. Bayer is also accused of not reporting Essure side effects to the FDA over the years and this could have led to safety assessment years earlier saving thousands of users.

Essure Perforation Lawsuit

A Texas woman has filed an Essure lawsuit claiming that side effects forced her to undergo hysterectomy surgery. She had severe pain, chronic cervical inflammation, and bleeding soon after she had the birth control device. The contraceptive side effects also resulted in fatigue and uneasiness during intercourse and she also developed ovarian cysts, according to the Essure injury lawyer representing her. She had to undergo a total hysterectomy to take out the contraceptive coil.

The Essure lawsuit claims that the plaintiff selected the birth control device, as the manufacturer failed to provide adequate information about potential adverse events linked to the contraceptive. Bayer has been accused of suppressing side effect complaints and misleadingly advertising the birth control coil as a safer sterilization procedure despite post-marketing reports on adverse events.

In February 2016, the FDA acknowledged at least 294 confirmed fetal deaths linked to Essure migration causing unwanted pregnancies. The figures, previously put at 125, were reviewed after the regulator found discrepancies in Bayer’s reporting of Essure adverse events. While thousands have become members of a Facebook group “Essure Problems” to express their anguish over sufferings due to the birth control side effects.

For filing Essure injury lawsuit seeking compensation and damages for complications associated with the Essure birth control device, contact our Essure attorney or call on 1-800-632-1404.

May 21, 2016

Essure Injury Lawsuits Continue To Rise

essure attorney

Over a million women in America use Essure permanent birth control system to prevent pregnancy. Unfortunately, thousands of women have filed an Essure injury lawsuit against Bayer, alleging that the device, claimed to be 100% effective by the manufacturer, has injured them. The plaintiffs demand monetary compensation from Bayer for the pain & suffering and a complete ban on the defective device.

What is Essure?

Essure is a contraceptive device that consists of two implantable metal coils inserted into a woman’s fallopian tubes via a catheter. Promoted by Bayer as the next generation of contraception, the device allegedly fails and migrates from its position in the woman’s body, causing a range of Essure side effects, including headaches, pain, hemorrhage, weight fluctuations, and menstrual irregularities.

Questioning the device’s safety, some plaintiffs have also complained of nickel allergy. Some women even have had to undergo hysterectomy to remove the metal coils from their fallopian tubes.

Essure Side Effects

Essure injury lawsuits accuse Bayer of misleading users with the warning labels that say possible side effects include: “mild to moderate pain and/or cramping, vaginal bleeding, and pelvic or back discomfort for a few days.” Plaintiffs claim that they have experienced severe nausea, fainting, and/or vomiting. Other symptoms of a complication include:

Excruciating, debilitating pain
Memory loss
Bleeding
Foggy head
Weight explosion
Perforated organs
Exhaustion
Fetal disfiguration from nickel poisoning
Bouts of depression
Metal coils lodged in colon
Suicidal thoughts

Not only patients but also doctors are coming forward to question the Essure birth control system’s effectiveness and safety for women, claiming that the device is at the root of many problems for their patients. Moreover, doctors find that since the device is fragile, physical removal of the coils is a difficult procedure. Some women have even reported injuries and adverse events from the disintegration of the device in their bodies, causing metal pieces to be scattered in different parts. Only a total hysterectomy can ensure complete removal of these foreign objects from the body, which is a costly and painful procedure.

Many complainants assert that some doctors recommend abortion and cannot remove the coils if a woman becomes pregnant, as they aren’t sure what to do next in such situations. This complicates problems for the patient, who had gone for the contraceptive procedure to prevent pregnancy. In such cases, the device not only failed to prevent pregnancy, but also caused severe Essure injuries and complications, such as nickel leaching in the body and the device migrating to and perforating the sac. Additionally, this puts the fetus at risk of nickel poisoning and disfigurement from the device’s movement. There is almost 55% risk of miscarriage in such cases.

Essure Injury Lawsuits

Accusing Bayer of negligence and neglect, plaintiffs claim compensation from the manufacturer for medical bills, pain, suffering and trauma, and loss of quality life. Essure lawsuits allege that Bayer’s negligence in promoting a defective product has left their life in misery and brought immense pain & suffering in their lives. They seek compensation for product liability, fraud, defective product, violation of implied & express warranty, failure to warn potential users of health risks, misrepresenting the device safety, willfully concealing Essure side effects, and improperly training doctors on using and removing the device if it goes wrong.

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.

May 19, 2016

Essure Lawsuit Sues Bayer for Hiding Information About Birth Control Safety, Efficacy

Twenty-four women have come together to file a joint Essure lawsuit citing deception by manufacturer Pfizer in reporting side effects associated with the birth control. The litigation follows a report claiming that Bayer did not report about two-thirds of adverse events linked to the contraceptive to the FDA. Consumer groups, women activists, and other grassroots movements continue to urge the regulator to withdraw Essure birth control device citing perforation injuries and inability of the device to check unwanted pregnancy.

According to the Essure lawsuit filed in a Pennsylvania district court, the failure of Bayer to report unwanted pregnancy, uterus problems, and other risks of Essure side effects led plaintiffs to believe that the birth control was a safer alternative. However, these women experienced painful and debilitating Essure injuries, including fetal deaths, uterus perforations, unwanted pregnancies, and hysterectomies. Their Essure attorney argues that the manufacturer purposefully withheld and did not report “adverse events submitted by women nationwide” to conceal design defects in the birth control coil and further its commercial gains.

The Essure lawsuit pointed out 2013 FDA finding of 16,000 complaints involving the contraceptive on an internal document that was never reached the regulator. A large number of these adverse events highlight migration of the birth control device outside the fallopian tube. Details submitted by the concerned Essure attorney also showcase that though Bayer was aware of at least 144 uterus perforation incidents, only 22 found their way to the FDA. No adverse events involving the contraceptive migration or breaking down was ever reported. Making the matters worse, the manufacturer made no assessment of the quality, safety, or Essure side effects. It defended the non-reporting saying that these are “mere trial damage that does not rise to the level of a serious injury” and most complainants did not experience long-term pain.

An independent analyst has gone a step further and claimed that Bayer “mislabeled” 300 side effect incidents reported to it between August 2015 and February 2016 to keep them concealed. All these Essure injury reports were categorized as “filed by others” instead of medical practitioners to avoid their reporting to the FDA. In March, the federal regulator announced a “black box warning” on Essure contraceptive device to highlight “serious or life-threatening risks.”

Essure Side Effects

The recent surge in the filing of Essure lawsuits across the United States indicate that extent of injuries linked to the birth control device. Between November 2002 and May last year, at least 5,000 Essure injury complaints were reported directly by users through the MedWatch. These figures exclude thousands of adverse events the manufacturer informed of.

The most reported Essure side effects are:

Contraceptive migration
Uterus perforation
Birth control coil breaking down into pieces
Damage to reproductive organs
Unwanted pregnancy
Nickel poisoning
Abdominal pain and cramping
Vaginal bleeding
Pelvic pain and inflammation
Neurological side effects, such as fainting, memory loss, depression, foggy head
Hot flashes
Hair loss
Design defect cause incorrect placement

Essure birth control has also been linked to fetal death traced to nickel poisoning and leaching. The chemical coating on the device releases toxic elements and this causes scar tissue formation, inflammation, and other complications, including postnatal mortality in case of unwanted pregnancy following the implant migration. The lack of training for inserting the complex birth control coil puts users at the risk of device migration and reproductive organ perforation. Those with perforated uterus and fallopian tubes have the greater chance of miscarriage when they conceive unknowingly after Essure migration.

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

May 19, 2016

Xarelto Lawsuits on the Rise in Tennessee; Link Drug With Risk of Internal Bleeding Injuries

A Tennessee resident has filed a wrongful death lawsuit in the Xarelto multidistrict litigation over his father’s death, allegedly due to complications from the use of the anticoagulant. The complainant alleges that his father died from an uncontrollable, irreversible internal bleeding event as a result of Xarelto side effects. Accusing drug manufacturers Bayer AG and Janssen Pharmaceuticals of failure to warn patients of the potential Xarelto bleeding side effects, the lawsuit claims that the deceased was prescribed the blood thinner to treat atrial fibrillation symptoms and prevent the risk of blood clots and stroke.

The plaintiff accuses the drug makers of intentionally misleading the medical community about the serious threats posed by the anticoagulant, which is unreasonably dangerous and defective. Introduced in the market in 2011, Xarelto claims to be a one-size-fits-all medication for deep vein thrombosis, strokes, and pulmonary embolism in patients suffering from atrial fibrillation.

Unfortunately, unlike other anticoagulants, Xarelto blood thinner does not respond to fresh frozen plasma and Vitamin K treatment, which is given as an antidote to allow the patient’s blood to clot in the event of internal bleeding. As a result, the use of Xarelto causes an unstoppable, fatal event of internal bleeding for the patient.

The complaint indicates that Xarelto’s dangerous lack of antidote raises the risk of potentially fatal gastrointestinal bleeding episodes. The lawsuit accuses defendants Bayer and Janssen of pushing direct-to-consumer advertising, claiming that Xarelto was safer than other blood thinners and also required less monitoring and doctor visits, and failing to adequately warn about that its lack of reversal agent or antidote to counteract the drug complications.

The Xarelto injury lawsuit accuses Bayer and Janssen of wrongful death, fraudulent misrepresentation, negligent misrepresentation, strict products liability, negligence, breach of implied and express warranty, fraudulent concealment, and fraud and deceit.

Xarelto Side Effects

Abdominal bleeding
Eye bleeding
Deep vein thrombosis
Gastrointestinal bleeding
Pulmonary embolism
Reduced platelet levels
Abnormal liver function
Brain hemorrhaging
Rectal bleeding
Dizziness
Low blood pressure
Hemorrhaging in the eyes
Nose bleeding
Muscle pain
Headache
Rapid heartbeat
Edema
Bruising

Other Xarelto Lawsuits

A Tennessee family filed a Xarelto lawsuit against Janssen, a Johnson & Johnson subsidiary, on August 14, 2014, seeking $10 million in damages for pain, suffering, personal injuries, wrongful death, and emotional distress. The claimants claim that their father died from the Xarelto complications, suffering irreversible internal bleeding and “was caused to sustain severe and permanent personal injuries, pain, suffering, and emotional distress.”

The ever-growing number of Xarelto side effect lawsuits indicates that the drug was rushed to the market without adequate testing and brazenly promoted without warning of its fatal risks. Lawsuits accuse the drug manufacturers of promoting Xarelto blood thinner as an easy to use and monitor anticoagulant.

Different studies claim that Xarelto side effects may lead to eye bleeding. spontaneous vitreous hemorrhage, stomach or gastrointestinal bleeding.

If you or a loved one has suffered from the drug side effects, you have a potential Xarelto lawsuit arising out of “negligence, concealing of information, misrepresentation, and false advertisement by the manufacturer. Please contact us or call on 1-800-632-1404 for a free consultation with our experienced Xarelto attorney.

May 19, 2016

Bard G2 IVC Lawsuits Mount as Patients Allege Poor Filter Design for Severe Complications

Several individuals nationwide have filed Bard G2 IVC lawsuits against C.R. Bard over problems with the designs of inferior vena cava (IVC) filters. The plaintiffs accuse Bard of introducing defective design product in the market, which allegedly fractures and breaks inside the body, causing severe complications and injuries and death in some cases.

Recently, a widow has filed a product liability and personal injury lawsuit against C.R. Bard, alleging that the Bard G2 retrievable IVC filter failed after it was implanted in her husband’s vena cava. The lawsuit claims that the filter failed and tilted out of its position, puncturing the vein of the plaintiff’s husband and causing the blood clot to move to his heart or lungs. The failure of the device resulted in serious complications and ultimately death of the patient.

All Bard G2 IVC lawsuits share similar allegations, claiming that serious design problems with the filter make them susceptible to migrate to the lungs or heart or tilt out of position or even fracture, eventually failing to prevent heart or pulmonary blood clots. The migration of the metal pieces to the heart or lungs causes severe Bard G2 IVC side effects, resulting in serious injuries and even death.

What is Bard IVC Filter?

Made of metal, the device is designed to prevent blood clots from traveling from deep veins to lungs for people at a risk of suffering pulmonary embolism. Like the first generation G2 filter, the second generation G2 filter is plagued with migration, fracturing, and perforation. The first-generation filter had a very high failure rate, and the speed with which defective device reports are surfacing, it is unlikely that the repackaged Bard G2 IVC filter is any better than its previous version.

Bard G2 IVC lawsuits allege that Bard was aware of the defective IVC filter design, but chose to ignore reports of filter fractures and migration inside the body and continued to market the dangerous devices.

Serious concerns are raised at the potential risk of the spider-like IVC filters. An IVC filter study finds that patients who receive an IVC filter are potentially at a double risk of pulmonary embolism compared to those who take blood thinners alone.

Side Effects

Improper placement of the device leads to chronic pelvic pain, migration
Puncture or breaking of the device
The device may even ‘disappear’ in some cases, becoming undetectable in the body
Severe migraine
Puncture of the uterus
Tear of the colon
Severe allergic reactions to the device or any of its metal components

Studies Link Device to Complications

Another study published in the July 2015 issue of JAMA warned of long-term risks of IVC filters, claiming that the risks outnumber the benefits. The failure of Bard in placing warning labels on the device for users to get the temporary device removed within one to two months of implantation has resulted in severe injuries for patients who failed to get the filter removed despite passage of the ideal device removal time. As a result, thousands of people have been severely injured after suffering Bard G2 IVC side effects. Shockingly the injuries were avoidable had the defendant informed users and doctors regarding the timely and diligent removal of the devices.

In May 2014, the FDA urged doctors to remove the temporary filters within 29-54 days of device implantation after there was no longer a risk of pulmonary embolism. The Federal Drug Administration accepted that the medicine fraternity was not adequately warned about the importance of device retrieval.

If you or a loved one has suffered from C.R. Bard G2 IVC side effects, you have a potential claim against C.R. Bard and can seek compensatory damages for the pain, suffering, and trauma. Get in touch with our experienced Bard G2 IVC attorneys to investigate your case and help you get justice. Please call us today at (800) 632-1404 for a free case evaluation.

May 17, 2016

Teacher Sex Abuse in Tennessee: Things To Know

There have been many high-profile cases of Tennessee sexual abuse in 2015 where teachers are accused of sexual harassment and exploitation of students. According to nationwide statistics available, a significant number of students under-18 years of age are subject to sex abuse by teachers or school employees. About 70 percent of female students experiencing sexual harassment at school or private tuitions in Tennessee feel embarrassed and suffer in studies. However, to utter dismay, only a fraction of such cases come to public glare and perpetrators are punished.

What is Teacher Sex Abuse in Tennessee

Sexual assault allegations against teachers have been on the rise in Tennessee, leaving lifelong consequences for victims of sexual abuse.

Some of the most common examples of teacher sexual abuse include:

Consensual sex by seducing students
Non-consensual sex with students
Emotional and physical abuse following sexual abuse, such as blackmail, intimidation, threats
Violence during sex or aggravated rape
Sexual harassment
Physical intimacy with students
Unwanted sexual advances
Sexual bullying
Intentionally brushing up against the student in a sexual way
Sexual assault
Rape
Sexual touching
Sending lewd messages / Sexting

Sexual relations between teachers and students, whether consensual or non-consensual, raise the concern of abuse of trust, destroying the trust expected in a professional relationship due to such non-professional behavior. There could be issues of conflict of interest emanating from such relationships, wherein a teacher may show favoritism or hostility toward the student.

Which Students Are Most Vulnerable

According to a latest study report issued by the Association of American Universities, 12 percent of students across 27 universities across the United States had allegedly experienced sexual assault by force or incapacitation. The report claims that the number of cases of sexual harassment by teachers is especially high for transgender, gender nonconforming, genderqueer, and female students.

Sexual abusers often target vulnerable or marginal students, since teachers believe such students would be disbelieved if they report sexual harassment or abuse. Most of such students are gratified for attention and teachers do not hesitate to exploit them sexually.

What are the Effects of Teacher Sex Abuse on Students

Tennessee sexual abuse by teachers results in irreparable damage that lasts into adulthood in a majority of children. Such incidents of sexual crime against students leave the victims physically and emotionally weakened. Victims of sex abuse suffer physical, health, emotional, and educational effects, with many dropping out of school, unwilling to attend school or being social, and feeling embarrassed, afraid, and confused about identity.

According to a 2006 “Drawing the Line” report,

57% of sexually abused female students reported feeling embarrassed, self-conscious
55% reported feeling angry
32% reported feeling afraid

Student victims of sexual harassment experience severe impact on their academic development, decreased participation in class, loss of appetite, change schools, avoid group studies, sleeping problems, nightmares, think about changing schools or major, and/or avoid the library.

Legal Recourse & Sex Abuse Lawsuit

There have been stunning reports of Tennessee sexual abuse of students of all ages by K-12 teachers. Tennessee State Board of Education has disciplined 434 teachers since 2004, but the numbers of teacher sex abuse continue to rise. Over 65,000 public school teachers face disciplinary action, but the problem of sexual harassment of students seems to be spreading like epidemic in Tennessee.

Teachers can lose licenses for involvement in sexual abuse, whether engaging in consensual or non-consensual sex with students or sending inappropriate messages.

Please contact us or call on 1-800-632-1404 for a free consultation with our Tennessee sexual abuse attorney.

May 17, 2016

Mirena MDL Update: Bayer Seeks Dismissal of “Time-Barred” Mirena Lawsuit of Georgia Woman

Defendant Bayer has sought dismissal of all “time-barred” lawsuits part of the Mirena MDL. An update posted about the New York Mirena MDL on various legal webcasts claims that the latest petition by the IUD manufacturer came after a recent Mirena lawsuit reportedly filed two years after the injury was first reported. More than 2,500 Mirena injury claims have been filed across the United States. All federal cases are centralized under Judge Cathy Seibel of New York while Bergen County Superior Court Judge Brian R. Martinott heads the New Jersey Mirena IUD MDL comprising about 1,200 Mirena lawsuits.

Shelby Comtois sued Bayer in August 2013 claiming that she suffered from complications, including perforation of internal organs due to Mirena IUD migration, and was forced to have the removal surgery. Originally filed in a state court, the lawsuit now a part of the New York Mirena MDL alleges breach of warranty and fraud by the manufacturer of the IUD. Comtois’s husband has also been a party to the claim against Bayer seeking compensation for the loss of consortium.

In a letter addressed to Judge Seibel, Bayer argues that the Mirena lawsuit claim was time-barred. According to Georgia’s statute of limitations, one has a time limit of two years from the date of discovery of injury to make a product liability claim. Comtois took four years to file the claim. She underwent removal surgery in 2009. The defendant point out that surgical removal is an indication that she was aware of the link between the IUD and injuries by then and wants the dismissal of the claim under Georgia’s discovery rule.

In January, the court dismissed 31 lawsuits from the Mirena MDL for overstepping their respective state statute of limitations. Twelve of these claims were from Louisiana while 17 were filed by women from California. Bayer claims that at least a fifth of all claims centralized in New York are time-barred.

Court Rejects Bayer’s Pleading, Uphold Lawsuit

In August, Judge Seibel dismissed a petition by Bayer to reject a claim filed in Missouri. It claimed that an identical claim filed by her was rejected in California earlier. Ashley Brown, originally from North Carolina, found the Mirean IUD “overlying the pelvis and embedded with omentum” following a medical examination necessitated by pain two year after she went for the implant. She sued Bayer in August 2013 along with 92 others. The plaintiff too was a party to another litigation filed in June 2014 in a California court.

In February, the court rejected the California claim of Brown along with others. Bayer has urged the judge to reject her Missouri Mirena lawsuit citing the principle of res judicata or “claim preclusion for a matter already judged.” The plaintiff defended her dual filing as inadvertent citing that she engaged two Mirena attorneys and both her claims were “timely” under the North Carolina statute of limitations.

The MDL judge upheld her Missouri Mirena lawsuit citing non-application res judicata principle saying that the earlier action has no effect on the present claim, as the merits of two suits differ. Earlier a Kentucky court dismissed a Bayer plea to reject a claim and ruled in favor of the plaintiff.

If you have or any of your relatives has experienced IUD birth control side effects, including migration and perforations, contact our Mirena injury lawyer or call on 1-800-632-1404 to explore options to get financial compensation for physical suffering, trauma, economic losses, and non-economic damages.