By Gilreath & Associates

A lawsuit filed in December 2019 claims a 9-year-old girl in the Sumner County school system suffered from sexual abuse by another student. While specific details such as names of the parties involved and the amount of compensation being demanded are being withheld except in official proceedings and reports, it’s known that the prosecution is insisting the school implement appropriate policies, training and proper observance of Title IX and the Americans with Disabilities Act (ADA).

The lawsuit was filed with the U.S. District Court for the Middle District of Tennessee in Nashville, and the Sumner Board of Education is denying the allegations. According to their statement: “[We are] aware, and disappointed, that this family filed a lawsuit, and [are] prepared to defend the case and will respond more fully in court.”

While this case has yet to be decided, it brings up the issue of when can a school be held liable if injury or harm befalls one of its students?

Negligent supervision at school

The first approach personal injury lawyers will likely take in circumstances similar to the Sumner County case is investigating any evidence of negligent supervision. When a child is injured anywhere on a school’s property during school hours, whether by horseplay, abuse or injuring themselves during recess, the school could be held liable if teachers were distracted or not enforcing safety rules.

Negligent supervision is one of the most common torts in a Tennessee injury case because it can apply to almost any school accident.

Riding the bus

As with teachers and staff, bus drivers and bus monitors are also responsible for student safety in Tennessee. They must make sure students’ behavior isn’t causing any injuries to other students.

Gym class

A Tennessee school can’t be held liable for a gym injury unless negligence caused the accident. Students voluntarily assume the risks of gym class when they participate in class activities.

Crosswalk accidents

Schools assume responsibility for ensuring safety measures while students cross the street by way of crossing guards, and they can be held liable for negligence if the student is injured.

Student fights

A student who is tripped, punched, slapped, beaten up or deliberately harmed by another student can be grounds for filing a lawsuit against the school for several reasons — the biggest being negligent supervision. The school staff has a duty to the students to provide a safe environment, and when they fail to do so, the school can be held liable.

Sporting events

Injuries as a result of a sport, such as a concussion from being tackled in football, can’t be used to file a claim because the student voluntarily agrees to play and assume the risk of injury. However, if the student is injured because of poor supervision, inadequate maintenance or faulty equipment, the school or company that manufactured the equipment could be held liable.

An experienced Tennessee attorney can help

If your child has suffered from a personal injury at school, the personal injury attorneys at Gilreath & Associates will review your case during a free consultation. We will help determine if you have evidence to file a lawsuit. Our commitment and compassion means we will treat your case with the time and attention it deserves so you can have peace of mind.

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By Gilreath & Associates

For a majority of doctors, they pursue a career in medicine not for the money but in order to help people. Their education isn’t cheap, the level of stress is high, and the competitive atmosphere can push some students and professionals over the edge. It’s no secret the medical field is one of the most challenging careers an individual can pursue.

In the United States, it’s also one of the highest paying careers. One reason is due to many incentives offered by medical device and pharmaceutical companies.

It’s no secret that some doctors seek to earn more money by prescribing certain medications and treatments— a concept that doesn’t sit well with most of the public. And yet, nothing seems to have slowed down this incentive-based system, despite the many troubling articles that have linking drug companies to individual doctors.

According to a recent ProPublica analysis:

“More than 2,500 physicians have received at least half a million dollars apiece from drugmakers and medical device companies in the past five years alone.”

Out of that number, more than 700 physicians received a minimum of $1 million from the same companies in meals, gifts, travel expenses to conferences, free samples and even sponsorships to continue their education. “All” they have to do is recommend a particular company’s product (drug, medical device, etc.) and hide the negative side effects.

Top selling drugs in the U.S.

When it comes to the best selling pharmaceutical drugs, Xarelto, a blood thinner, was at the top of the list from 2015 to 2018. It’s closely followed by Invokana (Type II diabetes medication), Eliquis (blood thinner), Latuda (antipsychotic), Humira (immunosuppressive), and Aubagio (multiple sclerosis drug).

How overprescribing harms patients

Over 15 percent of Americans take 5 or more drugs every day. It’s easier to prescribe medications than it is to take patients off them — in part due to the clever advertising strategies by pharmaceutical companies.

Defective medical device companies are guilty too

Medications, pills and pharmaceutical drugs aren’t the only medical products being pushed. Medical device companies are also benefiting from doctors recommending such treatments to patients who don’t actually need it.

The problem with this approach is that this increases the risk that patients will be injured by a defective device or recalled drugs. In fact, patients who are over the age of 65 may be especially susceptible to the negative side effects of drugs and medical devices.

In an industry supposedly committed to human health and well-being, some medical device and pharmaceutical companies seem to have backward views on what they consider “helpful” to patients — or rather beneficial to their bottom line.

Don’t let yourself be a victim of clever marketing tactics. If you, a friend or a family member are suffering from a defective drug or medical device, fight back with an experienced Tennessee attorney at your side.

Gilreath & Associates has a dedicated team of professional product liability lawyers committed to ensuring you don’t become another victim of greedy pharmaceutical and medical device companies.

Contact us today for your free consultation.

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By Gilreath & Associates

Defective medical devices have impacted tens of thousands of Americans in recent years, particularly faulty hip implants, breast implants and transvaginal mesh—the last 2 of which exclusively affect women.

In addition to defective medical devices for only female patients, women also experienced the most negative post-surgery effects of supposedly gender-neutral devices, such as heart and hip implants.

For these reasons, American women are more likely to be harmed by medical devices than men.

Why is this happening?

According to one researcher, there exists gender biases at all stages of design and use of medical implants.

Medical device regulation and clinical trials

Some efforts have already been made to identify loopholes within the regulation system to try and reduce the negative effects experienced by patients. For instance, in May 2019 the FDA ended its alternative summary reporting program.

However, many women still experience pain and suffering after surgery because companies who design, produce and sell their medical products are cutting corners when it comes to testing that allows them to market their products before they’ve met the requirements set forth by the U.S. Food and Drug Administration (FDA).

For example, women aren’t always included in medical trials for gender-neutral devices. Other challenges when it comes to how medical devices impact women include, the consideration of patient activity aren’t and doctor-patient relationships.

Paragard IUD Injury

Product liability lawsuits mount against the Paragard birth control product.

Multidistrict litigation (MDL) for the Paragard IUD has the potential to be a mass tort involving women’s health.

More Information On Paragard Lawsuit

Clinical trials lack proper testing

Data collected during clinical trials is often skewed due to the lack of women participants, and yet the FDA still approves the devices with little to no evidence of how those devices might affect females differently than males.

Daily activities

The patient’s level of activity is also commonly ignored when it comes to medical device testing. Across the board, patients have different tasks and daily performance levels which can vary the stress placed on a medical device.

For example, if one patient enjoys running 5 miles every day, they may require a different joint implant than a patient who doesn’t jog at all. Or, if a woman has an infant or more than one child, she might be using her joints and muscles more than a woman in her 80s with no children or grandchildren.

Medical trials rarely account for these vital lifestyle factors.

Doctor-patient relationships

Having a doctor who listens and takes the patient’s concerns into account has always been important. In recent years, though, there’s been an increasing demand for such doctors — especially for female surgeons since they’re often more knowledgeable when it comes to how gender-neutral medical devices will affect the female body and can inform their patients of these differences.

Across the globe

It’s not just women in the United States who are experiencing difficulties with gender-neutral medical devices. Australia and the U.K. are also facing a higher number of medical device recalls without explanations as to why, as well as devices being approved by officials based on inaccurate data.

If you or a loved one are suffering from a medical device such as a joint or heart implant, our Tennessee medical device lawyers can help you file a claim and receive the benefits you deserve to cover any medical costs caused by a faulty device.

Contact Gilreath & Associates today for your free consultation.

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By Gilreath & Associates

One month it’s lettuce, the next month it’s sushi!

A recall on certain items sold at Trader Joe’s was prompted after an inspection at a Massachusetts food facility that produces Fuji Food Products. The United States Food and Drug Administration (FDA) recommended that anyone who purchased spring rolls, sushi and salads of the Fuji brand at Trader Joe’s (and even a few Walgreens and 7-Eleven locations in Ohio, Indiana, Kentucky and Tennessee) should avoid eating them due to the possibility of listeria contamination.

Listeria is a serious infection that can cause high fever, severe headache, abdominal pain, nausea and diarrhea after eating food that has been contaminated. To date, no illnesses have been reported. But to avoid being held liable in food poisoning lawsuits, Fuji Food Products, Inc. voluntarily recalled their products thought to be contaminated with this harmful bacterium.

But even though the product has been recalled, if one of the contaminated food products have already been purchased by a consumer and they get food poisoning, what are their legal options?

Tennessee product liability lawyers at Gilreath & Associates explain below.

Tennessee Food Safety Act

“To ensure that foods served for public consumption in Tennessee are safe as prepared, served and delivered,” the state government enacted the Tennessee Food Safety Act in 2015. This Act requires grocery stores and restaurants to follow certain guidelines in order to sell their products, from employee health practices to safety permits to food codes.

The preventative steps listed in the Act are also meant to contain any foodborne illnesses from breaking out, should they develop at a food processing plant or production facility, in order to protect public health.

If any of the requirements listed in the Food Safety Act are violated, in addition to the possibility of having their permit revoked, any individual with reasonable evidence has the right to seek out legal counsel for any personal injuries or illnesses endured because of that violation.

Safe Food Act

On October 18, 2019, House Representative Rosa DeLuaro of Connecticut introduced a bill in Congress known as the Safe Food Act, which says that any person who has suffered from food contamination may bring it before their local district court who can then award damages based on the findings of the case.

“Protecting our nation’s food supply from unsafe and contaminated food is an important, extensive, and at times complicated task,” said Congresswoman DeLauro. “I believe it is a primary responsibility of this government. However, nearly a decade since we passed the Food Safety Modernization Act, our food supply is still plagued by large food outbreaks that cause foodborne illness. In the last year, we have seen numerous high-profile outbreaks and recalls, including contaminated romaine lettuce, large ground beef recalls, and the largest egg recall in nearly a decade.”

Tennessee statute of limitations for product liability lawsuits

If a Tennessee resident decides to seek justice after being contaminated by food poisoning, they have just 1 year from the date they consumed the product and fell ill to gather sufficient evidence and file a claim, according to the Tennessee statute of limitations.

In this particular case, even though no one appears to have suffered from any of Fuji’s products, if a buyer who consumed the contaminated food subsequently suffered from listeria, they would have the right to seek justice against the manufacturer. The key is to have sufficient evidence that they became ill because of Fuji’s product — namely by proving that they consumed the Fuji product and that they contracted listeria as a result.

Our team of experts has the experience and legal regiment to fight for your rights. If you or a loved one have suffered from severe food poisoning due to a health safety violation or defective product, the lawyers at Gilreath & Associates are ready to consult with you and discuss your options for moving forward to get the compensation you deserve.

Contact us today for your free consultation.

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By Gilreath & Associates

Medtronic, a medical device company founded in 1949, recalled over 106,000 catheters in November 2019. It was categorized as a Class I recall, which is the most serious type of recall for medical devices, indicating that the product can potentially cause serious harm or even death to the consumers.

The United States Food and Drug Administration (FDA) issued the recall for Medtronic’s 6 French Sherpa NX Active Guide Catheters, and a specific subset of Euphora and Solarice Semi-Compliant Rapid Exchange Balloon Dilatation Catheters manufactured between February 27 and July 31, 2019.

Active guide catheters

These catheters are commonly used by doctors during coronary and peripheral interventional procedures to access veins and arteries inside and outside of the heart. Doctors can implement guidewires and other devices to administer medicine into the blood vessels. The danger is when catheters suddenly lose components into the bloodstream and expose the barbed wire.

Though no serious injuries were reported, at least 5 customers complained of their catheters breaking, which could be potentially fatal.

Balloon dilation catheters

Doctors using these types of catheters reported difficulty removing them from patients, which has been attributed to a slightly wider than normal diameter stylet. Any added pressure applied to the catheters in order to remove them could result in inflation or deflation of the balloon and cause prolonged procedure time, additional intervention and vessel injury.

Defective medical devices in Tennessee

Medtronic notified doctors of the defect immediately and worked with the FDA to remove the catheters from the healthcare system. But for patients who already had the medical devices implemented, it could cause potential harm.

If you or a loved one are suffering from a defective medical product, such as a catheter or other medical device, it’s best to get in touch with your doctor immediately. Then, seek legal counsel as soon as possible so you can receive the financial compensation you deserve.

In the state of Tennessee, according to the statute of limitations, consumers generally have only 1 year from the date of injury (or 1 year from the date the injury should’ve become known) to file a product liability claim. In addition, you can’t file a lawsuit if it has been more than 10 years from the product’s date of sale or within 1 year after its expiration, whichever comes first.

Filing a medical device defect claim

To file an injury claim in Tennessee, you should contact a lawyer with professional experience in defective medical products as soon as possible. Make sure you also secure the product, along with any documentation and proof of purchase. Do NOT give the product to the manufacturer, as this could reduce your chance of receiving fair compensation.

With 35 years of experience in over 12 different states, the lawyers at Gilreath & Associates have successfully represented clients in product liability cases with expert legal advice and a commitment to ensuring the best possible outcome.

Contact our Knoxville, Nashville or Memphis office today for your free consultation.

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By Gilreath & Associates

“Dangerous” isn’t usually a word that’s applied to the act of walking from point A and B.

But did you know that every 8 minutes a pedestrian is injured crossing the street or minding their own business on the corner of a sidewalk? This means every year 70,000 pedestrians are hit by cars, 4,000 of which are fatal.

Simply waiting at the bus stop can even be fatal if the driver is distracted or driving recklessly.

Tragically, the family of a Tennessee GM auto worker knows this fact all-too-personally.

Protest leads to fatality

Just before 6:30 a.m. on October 15, 2019, a Tennessee autoworker was accidentally hit and killed by a motor vehicle. According to Columbia Police Lt. Jeremy Haywood, the worker was on strike at the UAW Spring Hill plant when the accident occurred. Investigators have yet to yield more details.

Even standing off to the side of a road at the wrong place and the wrong time can be dangerous. Spring Hill, Tennessee isn’t considered a particularly bustling city — it isn’t even in the top 10 of most populous cities in the state. But clearly that doesn’t mean pedestrian accidents aren’t a problem.

What this means for Tennessee residents and workers

Walking is becoming more dangerous every year. Pedestrians and bicyclists are at a higher risk of getting hit by a car more than ever before. In the state of Tennessee alone, over 140 pedestrians were hit or killed by cars as they crossed the street in 2019.

By far, Memphis and Nashville are the most common cities where pedestrian accidents occur in the state of Tennessee, according to recent reports from USA Today. A few reasons why this is the case are missing sidewalks, cracked and crumbling concrete, and having several blocks with no crosswalks in between them.

What can be done?

Basic rules of driving apply. Being aware of your surroundings, making sure your lights are on in the dark, checking twice before turning, and adhering to signs and signals will go a long way toward making the streets safer places to walk in Tennessee — whether you’re on strike or just trying to walk to the grocery store.

Likewise, pedestrians should look both ways before crossing any street or intersection, stay as far away from the edge of the road as possible, use the sidewalks, and wear bright clothing that helps them stand out against their surroundings.

If you or someone you love were hit by a car, you might be entitled to seek legal compensation. Filing a negligence lawsuit shouldn’t be taken lightly. Let our experts at Gilreath & Associates utilize our experience, compassion and commitment to give you the best outcome possible.

Contact Gilreath & Associates today to schedule your free consultation.

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By Gilreath & Associates

Often, the only occasion when a recall affects the consumer is for auto parts and vehicle defects. Usually, it has something to do with the key or seatbelt or airbag (all of which are important), but the problem also tends to be easy to remedy.

Food, on the other hand, comes with its own set of problems when it’s recalled.

A grand total of 6,444 lbs. of pork products sold under Walmart’s Great Value brand was recalled in October 2019 due to possible salmonella contamination.

Ready-to-eat sausage patties and turkey sausage patty products that had been processed by George’s Prepared Foods based in Caryville, Tennessee were recalled by the United States Department of Agriculture (USDA).

What is salmonella?

The last thing anyone wants to experience after they’ve consumed an animal byproduct is salmonella. A bacterial foodborne illness, salmonella causes diarrhea, abdominal cramps and fever between 12 and 72 hours of eating the food. These effects can last for 4 to 7 days and be especially harmful to children, infants and the elderly.

Defective product lawsuits for food-related illnesses

When a foodborne pathogen results in serious illness or injury, lawyers and attorneys refer to it as a “defective product.” This means that there is an existing flaw or imperfection in the product that can cause danger to the consumer.

It doesn’t always have to be a food product. Medical devices are some of the most common defective product liability cases because they are often the most hazardous to the patient.

In addition to medical devices and motor vehicles, children’s toys are also prone to recalls. More often than not, it’s due to poor manufacturing that could turn into choking hazards.

However, in 2019, food products like iceberg lettuce and meat seem to be climbing to the top of the defective products list.

Product liability insurance

Among all the recalls, it’s important to note that most, if not all, of these companies are relatively prepared for situations like these. Product liability insurance generally protects the manufacturer, distributor or seller from defects in their products that cause personal injury or damages to property.

But what about consumers?

Typically, they’re not so fortunate.

Many individuals and families are forced to pay for the consequences of defective products and contaminated food out of their own pockets.

Food recalls

This isn’t the first time a defective food product has been recalled, and it certainly won’t be the last. Already, Morris Meat Packing again recalled their pork products in November 2019. Iceberg lettuce is another prime example contaminated food, with E. coli outbreaks happening left and right.

For a complete list of the most recent recalls, visit the United States Consumer Product Safety Commission (CPSC) and the United States Department of Agriculture (USDA).  

Tennessee product liability & food poisoning attorneys

The consequences of a defective product or contaminated food are often serious, and sometimes even fatal. If you or a loved one are the victims of a defective product, be it food or medical-related, our winning team of lawyers have over 30 years of experience behind us to help you get the restitution you deserve.

Contact us today to schedule your free consultation.

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By Gilreath & Associates

Car crashes are responsible for one of the highest fatalities in America. Whether commuting from home to work or on the job, the risk of driving is increasing every year.

According to the Association for Safe International Road Travel, 3,287 fatal car crashes occur every day. This adds up to 1.25 million deaths per year, and that’s just on average.

While smaller transportation vehicles make up the majority of collisions, large trucks aren’t entirely faultless either. In fact, truck accidents are surprisingly common in the Volunteer State.

Nationwide truck accident statistics

According to the Fatality Analysis Reporting System of the National Highway Traffic Safety Administration, 4,889 large trucks and buses were involved in fatal crashes in 2017, an almost 10 percent increase from 2016. These aren’t the most welcoming numbers, but they can provide valuable insight and trends to prevent future crashes and fatalities.

Each year, the number of accidents increases, most often involving smaller passenger vehicles. Of the accidents involving large trucks and other vehicles, 82 percent of the fatalities were the occupants of the smaller vehicles.

Tennessee truck accident data

Rising to the top of the list of worst drivers in the country is Tennessee, which was ranked fourth in 2017 and second the following year.

When it comes to trucks specifically, Tennessee is number 11 for combination truck accidents and 14 for single-unit truck accidents.

Most common types of truck accidents

It’s a universally known fact that 18-wheel trucks need to be respected and given wide berths, whether they’re driving on the highway, the interstate or the backroads. These roadway giants can weigh 80,000 lbs. at maximum capacity, and even a single-vehicle accident can cause severe damage.

Rollovers, unsecured loads, jackknives, underrides, tire blowouts and wide turns are the most common types of truck accidents. A “jackknife” is when the axle brakes lock up and cause the truck to skid. This often results in a rollover, often resulting in catastrophic injuries.

Weather conditions make a big difference

Rain and even shine can affect the way we drive our vehicles. For semi-trucks, hazards such as fog, heavy rains, snow and high-speed winds put them at an even greater risk of being involved in an accident.

On October 26, 2019, 7 semi-trucks overturned on I-40 in Decatur County and Henderson County simply due to straight-line winds.

If you or a loved one are the victims of a semi-truck accident, you want the lawyer with a success record in over 12 states in the Southeast to help you navigate your legal options. Your well-being is our number one priority at Gilreath & Associates. With three locations in Knoxville, Nashville, and Memphis, we’re committed to giving you the best legal service possible.

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By Gilreath & Associates

Bullying is nothing new, but did you know that 160,000 kids skip school each year to avoid being bullied by other students? According to a survey by Youth Truth Student, verbal abuse, physical abuse, social harassment and cyberbullying are the 4 most common types of bullying.

One child in Florida knows this all too well.

It was early in September 2019 when Altamonte Elementary School hosted their “College Colors Day.” All of the students were encouraged to dress in support of their favorite college, and one boy in particular wanted to wear the orange and white colors of the Tennessee Volunteers.

Despite being such a big fan, he didn’t own any Vols gear that he could wear to school. So he used his imagination and creative skills to make a UT T-shirt of his own. He already had an orange shirt on hand, so all that was missing was a logo. After taking pen to paper, he pinned an original design on the front and couldn’t wait to show it off to his teacher, Ms. Snyder.

He wore it proudly on his way to school and walked right up to his teacher when he arrived so she could see it. Ms. Snyder said she was very pleased with his creative ingenuity, and she was happy to see him so excited wearing the Volunteer State colors.

But by the time lunch came around, he wasn’t so pleased with his efforts anymore.

A few students who sat at a table opposite him poked fun at his T-shirt. His teacher, also upset by the bullying, said she planned to purchase an official Vols shirt for him in the hopes of raising his spirits. She had no idea just how well her plan would work.

Reaching out to friends on social media, her post went viral enough to attract the attention of UT administrators, who answered the call to arms in true Vol fashion. The school put together a care package for their newly discovered young fan.

Then, they took it a step further by using his design to make an official Vols logo that is now being sold in their store. The demand was so high for the shirts with his design that the school’s online store crashed from the number of orders. Not only that, a portion of the proceeds from every shirt will go towards @STOMPOutBullying on Twitter, an organization dedicated to ending bullying.

The child’s mom was truly touched, and the student’s confidence has since soared. His mom hopes it will serve as encouragement and inspiration to him for the rest of his life. And to help him find that inspiration, UT offered the young boy a scholarship that will be waiting whenever he is ready to wear his new gear at Neyland Stadium as a full-fledged Vols!

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By Gilreath & Associates

According to a recent survey, Tennessee has been rated one of the friendliest states out of all 50, second only to Minnesota.

The South has long been known for its charm and hospitality, especially, it would seem, in Tennessee. It doesn’t hurt that the music scene is often vibrant and energetic, contributing to the friendly atmosphere.

Tennessee’s nearest neighbors, Kentucky and Georgia, were listed at numbers 19 and 16 respectively. Locals from the Volunteer State were noted for treating tourists and passersby like they were from the same state.

The full results are as follows:

1. Minnesota
2. Tennessee
3. South Carolina
4. Texas
5. Wyoming
6. Indiana
7. Colorado
8. Kansas
9. Oklahoma
10. Hawaii
11. Ohio
12. Louisiana
13. Nebraska
14. Illinois
15. Idaho
16. Georgia
17. New Mexico

18. Pennsylvania
19. Kentucky
20. South Dakota
21. Alabama
22. Missouri
23. Mississippi
24. Oregon
25. North Dakota
26. Wisconsin
27. Maryland
28. Michigan
29. Iowa
30. West Virginia
31. Maine
32. Utah
33. North Carolina
34. Vermont

35. Virginia
36. Montana
37. Alaska
38. Connecticut
39. Arizona
40. California
41. Rhode Island
42. Florida
43. Nevada
44. New Hampshire
45. Washington
46. New Jersey
47. Massachusetts
48. Delaware
49. Arkansas
50. New York

This list of the most friendly states was published by Big 7 Travel, a travel website that produces “city guides aimed towards adventurous travellers looking for authentic experiences, from where to eat and drink to the most unmissable things to do.”

They ranked the states by asking their social media audience of 1.5 million people what they thought the friendliest states in America were.

As true Tennessee locals, the attorneys at Gilreath & Associates are always welcoming and compassionate. Our client focus makes us stand out as one of the best law firms in the state, with successes not just in Tennessee but across the southeast.

If you’re ever in an accident or are suffering from an injury, and need a friendly face in the Tennessee community, Gilreath is here.

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