THIS IS AN ADVERTISEMENT

Articles Posted in Legal News

Published on:

DePuy Hip Implant recipients need to know their legal rights when it comes to the recalled hip implants they have.

The DePuy Hip Implant Problems:
Loosening Misalignment Fracturing

Common Symptoms of Defective Hip Implant:
Difficulty standing or walking Crunching and popping noises from the hip area Limping or favoring one leg Hip fracture or dislocation Fatigue Tissue inflammation & infection in the hip area Pain in the hip area

Hip Implant Timeline:
In 2003, DePuy began marketing these hip implants as the Rolls Royce of implants.
In 2005, the medical literature began discussing the problems with metal on metal implants.
In 2007 & 2008, DePuy began to recognize the problems with the product in Australia and pulled the product from the Australian markets.
In late 2009 & Early 2010, DePuy began a silent recall to reduce the sale of these implants and remove inventory from the market.
In March 2010, DePuy issued Urgent Field Safety Notices about the hip implants.
In July 2010, the Depuy ASR 100 and ASR 300 Hip Implants were recalled.
In August 2010, physicians were notified of the recalls.
Continue reading →

Published on:

Medtronic%20Infusion%20Pump.jpgThe Medtronic infusion pain pumps are devices implanted in the abdomen of patients to gradually deliver drugs and fluids. These pumps have been known to allow too much of the drugs to be injected and cause overdoses and deaths. These incidents usually involve the refill process. In January 2011, Medtronic sent letters to doctors reminding them of the refill procedures and it has updated its instructions and warning labels.

Even in light of the extra precautions taken by Medtronic, the FDA (U.S. Food & Drug Administration, last month, issued a Class I recall on Medtronic infusion pumps. Class I recalls are the most serious issued by the FDA/U.S. Government. If you or a loved one has a Medtronic infusion pump you should be aware of the dangers involved.
Continue reading →

Published on:

952313_gavel.jpgA Jefferson Circuit Court Judge has ordered the City of St. Matthews, Kentucky to respond to a 2008 complaint filed by a former female police officer with the Kentucky Commission on Human Rights. The Human Rights Commission had sought information and a response from the city for nearly 2 years in regards to the complaint filed by the former police officer. The case has been stalled until this information is received and the investigation can continue.

The ruling this week requires the city to produce the information to the Commission within 30 days. From there the investigation into the complaints can move forward.
Continue reading →

Published on:

875412_balance.jpgA lawsuit has been filed in Boyle County Kentucky regarding a Danville man who was dropped and injured by Boyle County EMS workers. The case involves the Boyle County, Kentucky EMS responding to call at the man’s apartment after he suffered a minor fall, injuring himself. As the EMS workers transported the man from his apartment, they dropped him onto the concrete stairs leading from the apartment building, and caused him even greater injury.

EMS workers can be liable in these situations if they were negligent in transporting the patient. The questions surrounding this case are:

How they transported the patient;
Should they have done something different and been more careful; and Did their negligence cause the patient to be dropped and injured.
Continue reading →

Published on:

Thumbnail image for 1038828_u_s__supreme_court_2.jpg Two lawsuits have been recently filed in Oldham County Kentucky Circuit Court. One is against the former Mayor of LaGrange, Kentucky alleging that the Mayor either removed or caused to be removed, records belonging to the city and pertaining to the city’s business. The second lawsuit alleges that the City of LaGrange improperly sold a home it owned, which was assessed at $85,000.00, to a man for only $14,711.00. Both cases involve active of the former Mayor of the City.

Case which allege or involve potential abuses by government officials can be reported by government employees to proper authorities without the threat of retaliation, even if the allegations prove that no wrong doing existed. Such government employees are protected when making these reports by the Kentucky Whistleblower laws. These laws are designed to encourage people to report suspected abuses or illegal activities which involve government.
Continue reading →

Published on:

Kentucky_state_flag.png
The Kentucky Legislature is presently considering advancing legislation that would create new whistleblower style cases and legal claims. Both the State Senate and State House have their versions of how to address these types of claims. Both legislative bodies are proposing triple damages for various state government fraud claims. The Senate’s version allows for triple damages and fees to the private citizens, who brings the action in cases involving Medicaid frauds. The House’s version allows for triple damages and fees to private citizens, who bring these type cases for any type of fraud upon the government.

The way this would work, is in these types of cases, when a private citizen knows of a fraud against the government and government money payments, the private citizen can file a fraud suit on behalf of the State. The Kentucky Attorney General then has a right to intervene and take over the case. If the Kentucky Attorney General does take over the case, and recovers money then the person who filed the suit will be paid 15% of the judgment. If the Kentucky Attorney General does not take over the case, then the private citizen and his/her lawyer prosecute the case, and the private citizen is paid a fee of 30% of the recovered amount. Both legislative bodies’ versions of the law would allow for a triple recovery of damages, which means that whatever was determined to have been defrauded will be multiplied by 3 to determine how much is owed back to the State. This could equivocate to big money rewards for the State and for the private citizen who files the suit.
Continue reading →

Published on:

837248_traffic_police.jpg
Former Junction City Police Chief Jimmy Gipson has filed a Kentucky whistleblower lawsuit alleges he was fired by Mayor Jim Douglas in retaliation for calling another police agency after the mayor appeared to be drinking on the job. Gipson is seeking reinstatement to his former job, backpay and an unspecified amount of punitive damages for sullying his reputation. Junction City is also named as a defendant. It is alleged that Douglas fired Gipson, longtime police and fire chief in Junction City, on Dec. 29, 2011 without a public explanation. On Dec. 30, Gipson received an official letter signed by the mayor stating he was terminated for “insubordination and continual disregard for city policies.” The lawsuit alleges that Gipson was working inside the city firehouse Dec. 29 when Douglas drove up in a city vehicle and began to yell and act belligerently. Smelling alcohol on the mayor, Gipson called the Boyle County Sheriff’s Office, which passed the matter on to Kentucky State Police.

The Kentucky lawsuit claims that state police arrived and performed a portable Breathalyzer test on the Mayor and found his blood-alcohol content was .04. A person in Kentucky is guilty of a DUI if they operate a motor vehicle with a blood-alcohol content of .08 percent or higher. The suit further alleges that immediately after the incident, Gipson was called in to City Clerk Susan Music’s office and told to sign a resignation later and turn in his police gear. When Gipson refused, Douglas entered the office and fired him on the spot.

This is a classic case example of a Whistleblower lawsuit. The Kentucky Whistleblower statute is KRS 61.100 et seq. and requires that suit be filed within 90 days of the retaliatory action occurring. In cases like this, the Plaintiff is required to prove:
(1) that he was a government employee (as here a police officer);
(2) that he made a good faith report of a suspect legal violation to the proper authorities (as here he suspected drinking and driving, and reported it to law enforcement); and (3) that the report was a contributing and material factor in the decision made against him (the proximity in time between the report and the action taken against him, as is here the same day, will support such a finding).
Continue reading →

Published on:

1036905_gun.jpg
A man in Louisville, Kentucky was charged Wednesday with first-degree wanton endangerment related to an incident involving a young girl being shot when his small caliber firearm accidently discharged. These charges stem even though the police have officially ruled the shooting an accident. The young girl, whose identity is protected because she is a minor, was shot in the cheek and ear. She is expected to survive.

Instance like this prove that guns are not to be taken lightly and are not to be toyed with. Gun ownership is a privilege and responsibility which should not be taken lightly. Because of the risks involved when safety and proper handling procedures are ignored, even accidental shootings are to be prosecuted. In this case, we have a young girl who will be traumatized by the shooting. She has incurred medical bills and pain & suffering. She will likely have physical scars on her face for the rest of her life, and may even need counseling related to the incident. Because the severity of consequences of shootings, even accidental shooting, the law comes down hard on negligent gun owners and hold them both criminally and civilly responsible.

In cases where innocent people become the victims of gun shots, even accidental gun discharges, such individuals have a right to not only have the gun owner criminally charged, but also have the right to seek civil recourse for their injuries and damages. This means that they, or in the case of children being shot their parents, can sue the gun owner and/or the person responsible for the guns discharge for the medical bills, lost wages, pain & suffering, and other related damages from being shot.
Continue reading →

Published on:

904113_army.jpg
A Shelbyville Police Officer wins lawsuit against the Oldham County Police Department, and is awarded $600,000.00 in damages. The lawsuit alleged discrimination in hiring based upon military service. Discrimination and retaliation in Kentucky’s workplace is illegal.
In this case, a Shelbyville Police Officer, who was also an enlisted member of the Kentucky National Guard, applied for a police officer position with the Oldham County Police Department. The Oldham County, Kentucky position paid more than the Shelbyville position. The Officer passed ever test and was told in July 2008 that he would be getting the new position. A start date was assigned to him and a salary specified. Then after the Oldham County Police Department learned that the Shelbyville Officer was also enlisted in the Kentucky National Guard and might be called up for duty, it withdrew its offer and gave the position to another person.

Discrimination based upon military service is a violation of both federal and Kentucky law. Businesses and employers who violate and discriminate against an employee or prospective employee can be sued for damages including punitive damages, if the jury finds the conduct was willful. Kentucky employees who believe that they have been discriminated or retaliated against should seek legal counsel to know their rights.
Continue reading →

Published on:

A Kentucky man was fired in 2003 from a steel plant a month after his bosses learned that his fiancée had filed a discrimination complaint against the company. He sued claiming that they fired him to retaliate against his fiancée. The U.S. Supreme Court has decided that he can sue his employer for retaliation related to his fiancée’s complaint. Justice Scalia wrote: “We think it obvious that a reasonable worker might be dissuaded’ from filing a complaint “if she knew that her fiancée would be fired.” The 8-0 ruling provides important protect for Kentucky workers whose spouses or relatives work at the same company and who might otherwise be afraid to file discrimination or sexual harassment complaints against their employers out of fear that relatives might suffer retaliation from such complaints.

For more information on the rights of Kentucky Workers in the workplace who have suffered from retaliation, sexual harassment, or discrimination, see one of our previous blog posts on these type of claims. (Click here for the link).570502_myself.jpg
Continue reading →