Mississippi Injury Lawyer Blog

Seventy-five former NFL players would answer this question with a resounding "Yes!" These players, along with many of their wives, filed a lawsuit alleging negligence, fraud, failure to warn, loss of consortium, and design and manufacturing defect against the National Football League and Riddell, Inc., the maker of the NFL's helmets. The crux of the former players' complaint, which was filed in the Los Angeles County Superior Court on July 19, 2011, was that the NFL failed to protect and educate the players about the risks and long term effects of concussion injuries and Chronic Traumatic Encephalopathy (CTE). According to the complaint, "For decades defendants have known that multiple blows to the head can lead to long-term brain injuries, including memory loss, dementia, depression and CTE [Chronic Traumatic Encephalopathy] and its related symptoms." The players contend that the League has possessed this knowledge since as far back as 1920.

According to Sports MD, "CTE is a degenerative brain disease that results in behaviors similar to Alzheimer's disease." Research shows that that cause of CTE is clear, repeated brain trauma. The 75 former players who are filing suit, which include former Miami Dolphins receiver Mark Duper, former New York Giants and Arizona Cardinals running back Ottis Anderson, and former New York Giants running back Rodney Hampton, claim that the NFL knew of the danger repeated concussions and CTE presented, but was negligent because it did nothing to inform or protect players.

The former players base their allegations on the fact that in 1994, The NFL commissioned a study called the "NFL Committee on Mild Traumatic Brain Injury." This study, which was completed in 2004, concluded that there was no evidence to show that multiple concussions caused worsening injury or cumulative effects on players. However, the former players' complaint alleges that in 2002 Dr. Bennet Omalu, a forensic pathologist and neuropathologist, linked CTE to the deaths of four former NFL players, including Hall of Famer Mike Webster. The former players allege that despite being aware of the dangerous effects multiple concussions and CTE may have on players, the NFL waited until 2010 to come out publically and state that there may be risks for players.

In their complaint, the NFL players specifically allege that the NFL breached several duties that the owed them regarding this issue. Some of these duties include:

• Protecting players on the playing field
• Educating players about CTE or concussion injuries
• Educating trainers, physicians, and coaches about CTE or concussion injuries
• Formulating complete and comprehensive return to play guidelines for players who have suffered concussions.

The former players contend that because the NFL did not protect and educate them about the risks of concussions or promote research regarding CTE and its effects and possible cures, the NFL is liable to them, as former NFL players, for damages. The former players did not list a specific amount of damages that they are seeking to recover in their complaint. However they are seeking to recover compensatory, special, incidental and punitive damages, along with court costs.

Continue reading "Is the NFL Responsible for Former Players' Brain Injuries? " »

We have all seen the tragic headlines of young athletes whose futures were cut short by catastrophic injury or sudden death while playing one of the many contact sports we as a nation love to watch. Fortunately these instances are rare. But what about the other injuries? The injuries common to the players participating in our national pastimes. Is anyone responsible for the torn rotator cuff or career- ending knee injuries or the broken ankle from a herkie gone wrong?

Former Mississippi State University pitcher Forrest Moore filed a lawsuit against MSU Coach John Cohen, which alleges overuse and negligence by the coaching staff contributed to his elbow injury. Coach Cohen attorney filed a Motion to Dismiss the lawsuit claiming that he is not liable under Mississippi Torts Claim Act.

The MS Torts Claim Act is a collection of statues that sets forth how to sue a governmental entity and when it is appropriate to do so. Public schools are governmental entities and fall under these statues, as do public school employees. The statutes include complicated issues which may arise, such as what constitutes a dangerous condition, adequate facilities, personnel and equipment, and discretionary immunity. Mississippi personal injury attorneys can interpret these statutes differently and how they impact the facts of a given situation involving a governmental entity in Mississippi.

What is the legal responsibility of my child's coach?

Coaching is a profession like any other. Coaches have education and training requirements, professional organizations and guidelines to follow. According to an informative paper entitled "Legal and Ethical Responsibilities of a Coach by Rich Engelhorn at Iowa State University, coaches "...have important legal and ethical obligations to their schools and their athletes." The legal obligations are set by "state athletic associations, departments of education and other government organizations. A very important source of additional expectations for a coach is found in the accepted state and national standards for coaching published by professional organizations."

Continue reading "Former Mississippi State University Baseball Player Blames Coach for Injury, Negligence" »

It is a well established principle that those who have been accused of crimes should be afforded legal counsel, at the State's expense, if that person is economically unable to secure counsel on their own. But, the question of whether an individual, accused of drunk driving, may be granted state funds to hire an expert to aid in her defense may have been settled by a Circuit Court Judge in Jackson, MS. Circuit Court Judge Jeff Weill set aside $2,000 of public funds, and ruled that those funds can be spent, by a defendant in a DUI case, on an expert in accident reconstruction.

Jeanette Sterling, a Jackson, MS woman, was charged with aggravated DUI as a result of an auto accident she was involved in with a motorcycle in October 2009. The accident took place in South Jackson. Although Sterling stood trial in June, the trial ended with a deadlocked jury. A retrial has been scheduled for September 12, 2011.

Timothy Jackson is the motorcyclist who was injured when he collided with Sterling as she was attempting to make a left turn. Sterling was found to be at fault for the accident. It was determined that she failed to yield. Sterling had no prior traffic offenses. However, according to police, Jackson, the motorcyclist, had two prior DUI's.

Continue reading "Judge rules that public funds will be used to fight DUI charge in Jackson, Mississippi" »

Whenever there is a report of an auto accident, it is to be expected that police will arrive on the scene to afford any assistance that may be necessary to those involved. However, in the case of a auto accident that occurred on July 13 in Hinds County, MS, not only did local authorities arrive to administer aid, but the two vehicles involved in the accident were squad cars driven by local law enforcement personnel.

A Hinds County Sherriff's Department squad car collided with a City of Raymond Police squad car as the city officer was attempting to turn left on a highway around 20 miles Southwest of Raymond. The Sherriff's Deputy, who was attempting to pass the officer's car while in a no pass zone, collided with the city officer's vehicle. Although both officers sustained injuries, the injuries were minor.

Issues between the two agencies, stemming from this collision, were discussed in a meeting held on July 15 between Raymond Police Chief Jason Crotwell and Sheriff Malcolm McMillin. The primary issue discussed was the way in which the Sherriff's deputies drive through the city of Raymond, especially the high rates of speed deputies use while traveling through the city's main streets. Chief Jason Crotwell had received complaints in the past regarding the Sherriff's Deputies and the way they drive through the city.

Continue reading "City v. County: Whose Insurance Company Will Pay for a Police Car Collision in Hinds County, MS?" »

The National Institute of Environmental Health Sciences may soon be on the receiving end of a marked increase in the power to regulate chemical use in products. A new bill designed to reduce human exposure to endocrine-disrupting chemicals would "give the director of the National Institute of Environmental Health Sciences, and a panel of experts selected by the director, the power to ban up to 10 chemicals from commerce each year by categorizing them as being of high concern," reports CNN . Given this regulatory oversight and the increased risk of product liability lawsuits, this hopefully will have an impact on chemical manufacturer's decisions about what chemicals to produce and the warning that need to be given.

An early draft of the bill indicates that 24 months after being categorized, the chemicals would become unlawful to use. Products liability attorneys know the proposed legislation is a big deal -especially in light of the recent controversy surrounding the chemical bisphenol A (BPA), a hormone-disrupting substance widely used in shatterproof plastics including eyeglass lenses, electronics, thermal paper, metal water bottles, car dashboards, microwaveable food containers and baby bottles.

BPA exposure has also been linked to cancer, heart disease, diabetes, and obesity in adults. Research has suggested that exposure to BPA can cause developmental abnormalities over time in infants and young children, a statistic which prompted the FDA to issue a recommendation that parents take measures to reduce children's exposure to the agent.

How exactly are children being exposed? The polycarbonate looks and feels like glass but is light and difficult to break, leading bottle-makers to use it in their products. Over time and after repeated use, however, BPA can leak into the liquid contents of a plastic container. Washing the containers in dishwashers and heating them in microwaves increases the risk of a leak, reported the New York Times in 2009.

Continue reading "Chemicals Potentially Dangerous to Health Would Be Banned with New Bill" »

A defendant in Covington County says his lack of training in dealing with combative patients was to blame for an incident that took place in the facility where he worked as a nurse. The Hattiesburg man has been found guilty of one count of abuse toward a vulnerable adult involving a resident at the Veterans Home in Collins. The combative Navy veteran and Alzheimer patient the nurse was trying to move to bed suffered a broken femur during the ordeal, reports Jackson's Clarion Ledger.

During the trial, the defendant maintained his lack of intent and described his handling of the situation as defensive. "I've received training, but not to that degree - not what we were handling in that wing," he said. While a female nursing assistant corroborated his claims, the home's administrator, testified that training to deal with combative or resistant patients was given, and defendant simply did not follow the principles and policies taught.

Despite the administrator's claims, as a personal injury lawyer in Mississippi, I know that more often than not inadequate training is at the root of many abuse claims. In fact, often nursing home employees may receive very limited training regarding working with disabled and/or unruly patients and in properly documenting their conditions, which only results in more confusion. Additionally, the pay for assistants is often low, resulting in a rapid occurrence of job burnout and stress. This, in turn, often results in desensitization and a loss of empathy for patients. A high job turnover rate within the nursing care field coupled with a small staff dealing with a much larger group of patients further curbs staff members' ability to develop strong relationships with patients.

Unfortunately, the high turnover rate has resulted in lax hiring and supervision standards at times among some nursing homes. There are several things a good nursing home does to screen job applicants. First, a complete and thorough application should be completed. It should list each and every address of the person for the last 15 years as well as every place of employment. Second, a comprehensive criminal background check should be run on the person in each state where they resided. Third, prior employers should be contacted to determine the reason they were discharged. Fourth, a polygraph test should be administered prior to the person starting employment to identify prior misconduct and misstatements on their application.

Continue reading "Defendant Cites Inadequate Training in Mississippi Nursing Home Abuse Case" »

The very drug some advanced breast cancer patients credit for making them cancer free, is now facing possible approval withdrawal by the FDA. Patricia Howard says Avastin saved her life and dramatically improved her standard of living. However, four clinical studies showed that the drug did not actually make patients live longer. It has also been cited for its dangerous side effects, which include increased risks of internal bleeding and high blood pressure. Given the results of these studies and the negative side effects of the medication, it appears that Avastin may disappear as a treatment for breast cancer.

According to CNN, recommendations for withdrawal were heeded in December of last year when the FDA's Center for Drug Evaluation and Research (CDER) proposed that Avastin's approval to treat metastatic breast cancer be taken away. While the decision is not yet final, personal injury attorneys very much understand why this proposal is being made. The primary problem, it seems, is that the risks associated with the drug far outweigh the benefits. "The overall ratio... [is] out of whack," Dr. Joanne Mortimer, a breast cancer specialist who served on the FDA's advisory panel, told CNN. This is one of the primary manners in which product liability lawyers attack a drug manufacturer when a medication has resulted in serious injuries to a patient.

Nevertheless, the proposal has been met with a great deal of strong opposition - and surprisingly, that opposition has come from patients themselves. "If it's working, why force us to try something else?" asks Howard. I very much understand and respect the strong opinions held by patients who feel they were greatly helped by this medication. Still, despite patient support, many doctors veered away from prescribing Avastin even before the final decision came down, with approximately only 20-25 percent of patients receiving Avastin prescriptions in stark contrast to the previous 60 percent. Insurance companies also tend to shy away from shelling out large sums of money (often upwards of $90,000) to finance treatments that are not approved by the FDA. I think this does not bode well for Avastin, even though it may still be prescribed as a treatment for other diseases.

Even some breast cancer advocates, like the National Breast Cancer Coalition, agree with the proposal to withdraw approval, testifying that the drug bolsters false hopes when scientists should be expending their efforts on finding "more effective and life-saving drugs." Looks like this very well may be one case where resistance is futile.

Continue reading "Breast Cancer Patients Advocate Cancer Drug Avastin despite Risks" »

English author Gilbert K. Chesterton once described fireworks as a nocturnal art. Despite the history behind the holiday, the Fourth of July has now become wholly synonymous with fireworks. Or maybe it is the history behind the holiday (I could swear there's something in our national anthem about "the rockets' red glare"). Either way, the barbeques, picnics and festivals that take place earlier in the day are only the primer for the real thing.

I've often seen toddlers riveted by a sparkler in their hand and, while as a father I can understand a parent's desire to give their child his first fireworks experience, as a Mississippi personal injury attorney this gives me cause for concern. Sparklers can burn at nearly 2,000 degrees Fahrenheit, which is hot enough to cause a third-degree burn, says the American Academy of Ophthalmology. In fact, children are the most common victims of firework accidents, with those fifteen years old or younger accounting for half of all fireworks eye injuries in the United States. For children under the age of five, seemingly innocent sparklers account for one-third of all fireworks injuries.

From sparklers to rockets, from the legal to the illegal those colorful sparks in the sky are what it's all about and, unfortunately, injury statistics reflect American's unbridled enthusiasm for incendiary devices. According to the U.S. Consumer Product Safety Commission, more than 9,000 fireworks-related injuries happen each year. Of these, nearly half are head-related injuries with nearly 30 percent of these injuries to the eyes. One-fourth of fireworks eye injuries result in permanent vision loss or blindness. As the statistics above indicate, even innocuous sparklers can be dangerous, especially in the hands of small children.

Dry conditions also increase the likelihood of accidents. In previous years, the state of Mississippi enacted a ban on fireworks as a drought pervaded many of its cities. This year, some areas like the Jackson County Board of Supervisors have proactively decided to ban the use of fireworks by individuals in unincorporated areas, even though there are no restrictions on purchases or sales. People in those areas will have to do a little travelling for legal enjoyment.

Other parts of Mississippi still have celebrations lined up for the holiday weekend. Jackson, Meridian and Laurel, Mississippi are all advertising fireworks displays and I encourage everyone to go out, even if just to reinforce the idea that fireworks should be left to the professionals. However, if you must incorporate them into your ritual, avoid allowing small children to handle fireworks of any type. Keep a bucket of water nearby and make sure to take advantage of open areas that are nowhere near foliage or buildings. For more safety tips, see the US Consumer Product Safety Commission's Web page on firework safety.

In the end, every parent must make their own decision about whether to allow their child around fireworks. The most important thing is to understand the risks and to make an informed decision.

Happy Fourth of July, everyone!