HGD’s Brandy Robertson Honored with BBA Distinguished Service Award

HGD congratulates Brandy Robertson for being honored with a Distinguished Service Award from the Women Lawyers Section of the Birmingham Bar Association for her work as chair of the recognitions committee!

Brandy is an attorney in HGD’s civil litigation department where she represents clients who have been wronged or injured.  Brandy’s practice area includes personal injury, civil sexual abuse, wrongful death, nursing home abuse / negligence, and medical malpractice matters.

During her career as an attorney, Brandy has consistently been recognized for her legal skills and leadership abilities, including the following industry awards:  Alabama Super Lawyers Rising Star 2014 – 2015; Mid-South Super Lawyer Rising Star 2016 – 2017; Best Lawyers in America 2019-2021; B-Metro’s Top Women Lawyers 2015 – 2020; B-Metro Top Lawyers – 2016-2020.

HGD's Chris Hood Appointed to Alabama State Bar's Lawyer Assistance Program Committee

HGD partner, Chris Hood, was recently appointed to Alabama State Bar’s (ASB) Lawyer Assistance Program (ALAP) Committee  for the 2020-2021 year. Members of the ALAP committee are volunteers who assist in the implementation of services provided by the ALAP and serve active roles in the planning and developing of policies and procedures to assist in carrying out its mission. The recognized concepts of intervention, peer support and accountability have proven effective in helping lawyers in need take the necessary steps toward recovery. The value and effectiveness of these techniques, carried out by other lawyers who are themselves in recovery or who have had personal experiences in dealing with these illnesses, is invaluable. Committee members also assist ALAP in providing educational programs to promote awareness about these issues.

During this year, the ALAP will focus primarily on the following areas by preparing and offering educational programs, articles, CLE training, and other presentations as appropriate or needed:

(1) Addiction, depression and discipline among Alabama attorneys;

(2) Stress and how it particularly affects lawyers;

(3) Aging of the lawyer population and the inevitable increase in cognitive decline due

to diseases such as Alzheimer’s and Dementia; and,

(4) The recommendations of The Path to Lawyer Well-Being, a report published by theABA’s National Task Force on Lawyer Well-Being, to promote health and wellness.

Chris focuses his practice on consumer and environmental class actions, fraud and business torts, and personal injury or death caused by dangerous prescription medicines and medical devices.  He also handles appeals in many of our firm’s major cases.

HGD congratulates Chris on this important appointment!

Elementor #8492

HGD Supports "Get Out the Vote" by Providing All Employees with Paid Time Off to Vote

Amazon can be Held Liable for Defective Products Rules a California Appeals Court

A California appeals court has ruled that those injured by defective products purchased on Amazon.com have a right to file a lawsuit against Amazon. The ruling made by the California Fourth District Court of Appeals is somewhat groundbreaking. The Court revised a trial court ruling that held that a plaintiff who suffered severe burns from a defective laptop battery purchased on Amazon could not sue Amazon.

The Case Involved a Defective Laptop Battery Purchased on Amazon

The plaintiff in the lawsuit, Angela Bolger claims that she purchased a replacement laptop battery on Amazon. She purchased the battery from the fictitious company “E-Life,” which was a false name for the company Lenoge Technology Ltd. The company shipped her purchase to her using packaging branded with Amazon’s logo. The battery exploded while she was using her laptop, a few months later. As a result of the explosion, she suffered severe third-degree burns.

 Amazon Has Managed to Escape Liability So Far

The California court’s ruling is notable because up until now, Amazon has always argued that it is only an intermediary between third-party sellers and buyers. Amazon refers to this online store as the “Amazon Marketplace.” However, there is no unique or specific place within the Amazon website for third-party sellers. Amazon itself is a massive seller of goods on the Amazon website. Often, third-party sellers appear in regular listings on the website. There is only a small line of text that shows that a third-party, not Amazon, is not the seller, making it difficult for customers to understand from whom they are purchasing a product.

Amazon is Facing Multiple Lawsuits Regarding Defective Products

California’s ruling may be the first of many different state court rulings regarding Amazon and product liability lawsuits. The company is currently facing multiple other lawsuits over defective products in other courts throughout the United States. An Amazon spokesperson has stated that the company will appeal to the California court’s ruling. They maintain that under California law, and the laws in other states, service providers cannot be held liable for third-party products that they do not sell or make.

Amazon Brings Products to the Consumer

It the Court’s ruling, the justices wrote that “ Whatever term we use to describe Amazon’s role, be it ‘retailer,’ ‘distributor,’ or merely ‘facilitator,’ it was pivotal in bringing the product here to the consumer,” In other words, the Court is not letting Amazon escape liability by claiming that they are not directly involved in the chain of manufacturing, distribution, and retail of products. Ultimately, the court rules that a victim of a defective product purchased on Amazon has the right to use Amazon directly.

The issue, in this case, involved the legal question of whether Amazon was liable for the plaintiff’s injuries under strict product liability, or under negligence. The plaintiff contended that Amazon is the most valuable retail company in the world, earning nearly 50% of all retail dollars within the United States. Amazon has claimed that it is merely a provider of services, not an actual “seller” of the goods.

The plaintiff also relied on a recent Supreme Court case that held that a marketplace operator is essentially the same as a retailer in an antitrust context. Also, California enacted the “Marketplace Facilitator Act,” which labels Amazon as the seller and retailer for every sale that the company facilitates through its marketplace for tax purposes.

What Happens Now?

California courts are not the only courts to have held Amazon liable for purchases made through third-party sellers. An Ohio court made a similar ruling and a South Carolina court recently ruled that for tax purposes, Amazon is a product seller. It will be up to each individual state court system to determine whether they will extend that idea into the area of product liability law. Amazon serves the purposes of both a distributor and a retailer and consumer rights advocates are glad that courts are slowly beginning to rule that Amazon should be held liable, just as any other distributor is under strict liability and negligence rules.

Contact Our Experienced Lawyers as Soon as Possible

If you have suffered an injury from a product that you purchased on Amazon, it is important that you speak to an experienced lawyer as soon as possible. The experienced Alabama personal injury lawyers at Heninger Garrison Davis will evaluate your case and advise you of your best legal options. Contact us today to schedule your initial consultation.

Alabama Neurosurgeon Faces a Wrongful Death Lawsuit

A Mobile, Alabama medical student died in a devastating car accident involving a DUI last month. An Alabama surgeon has been charged with manslaughter for the death of the 24-year-old medical student. She was a passenger in the surgeon’s vehicle. At the time of the accident, the surgeon was speeding and driving while under the influence. Her family has brought a wrongful death lawsuit against the surgeon.

Alcohol Was Involved in The Fatal Accident

According to the wrongful death lawsuit, the neurosurgeon had previously stated that since he had a physician card issued by the police department, he could get out of any legal responsibility for driving while intoxicated or otherwise breaking traffic laws. The surgeon was on staff at the Mobile Infirmary and drove a high-performance Audi convertible at 128 miles-per-hour on a road with a speed limit of 45 miles-per-hour in Mobile.

Another vehicle turned in front of the surgeon’s Audi, and he swerved to avoid a collision. While swerving, he lost control of the vehicle and crashed into a guardrail, then rolled three times before slamming into a light pole and then crashing upside down in a ditch. The young medical student was pronounced dead at the accident scene, and the surgeon was hospitalized with non-life-threatening injuries. Law enforcement noted that his blood-alcohol test revealed that he was over the legal limit when the crash occurred.

The wrongful death lawsuit alleges that the surgeon either negligently and/or wantonly caused the student’s death. The lawsuit claims that the surgeon was liable because of the following:

• He drove carelessly and recklessly
• He was driving while intoxicated
• He was driving at excessive speeds
• He failed to keep a proper lookout while driving
• He failed to maintain control of the car
• He failed to use reasonable care when operating the vehicle

Bringing a Wrongful Death Lawsuit After a DUI Car Accident

Under Alabama law, a deceased individual’s estate can seek compensation on behalf of their loved one. In Alabama, family members of the deceased individual cannot bring a claim themselves. Instead, a representative of the decedent’s estate must file the claim. Wrongful death lawsuits allow the victim’s family members to seek compensation from the defendant whose negligence caused the death of their loved one. Wrongful death claims are essentially personal injury claims, except that the deceased person’s estate steps in to file the lawsuit on behalf of the deceased individual.

Many of our clients are unsure whether they have a right to bring a wrongful death lawsuit if the negligent driver has not faced criminal charges. You can file a wrongful death lawsuit even if the driver has not been charged with the crime of DUI or manslaughter. Wrongful death lawsuits are civil claims, and liability happens in monetary damages, not punishment such as imprisonment.

Successful wrongful death claimants are entitled to compensatory damages that will cover the cost of the deceased individual’s medical bills and other financial losses. Specifically, Alabama’s wrongful death laws allow the estate to request punitive damages that are available to punish a defendant whose negligence caused the death of the deceased individual and deter other people from engaging in such negligent actions in the future.

When to File a Wrongful Death Lawsuits

Under Alabama law, the deceased individual’s estate must file a wrongful death lawsuit within two years of the date of the incident or accident that resulted in the decedent’s death. In some rare cases, the estate may have an extended time frame. If your loved one has been killed in a DUI motor vehicle accident, it is essential to contact an experienced lawyer as soon as possible.

Many times, memories of the witnesses will get fuzzy, any damages will be repaired, and the chance to find video evidence or photographic evidence will become much more difficult. Wrongful death lawsuits often become complex and require a significant amount of investigation. The sooner you reach out to an experienced personal injury law firm, the better.

Contact Our Experienced Personal Injury Lawyers Today

If a drunk driver caused your loved one’s death, you may be entitled to compensation through a wrongful death lawsuit. Contact the experienced lawyers at Heninger Garrison Davis today to schedule your initial consultation.

An Alabama Student Suffered a Traumatic Brain Injury After Falling Out of a Golf Cart

An Alabama student from Chelsea recently spends three months at a local children’s hospital after suffering a traumatic brain injury. The 14-year-old suffered a severe traumatic brain injury after he fell off of a golf cart. The young man now needs to learn how to walk and talk again due to his brain injuries. He is now able to walk with the help of one aid, while immediately after the accident, he needed four people to help him walk. He faces months, if not years, of outpatient physical therapy as he continues to improve.

Recreational Activities are a Major Cause of Traumatic Brain Accidents

The Centers for Disease Control (CDC) reports that between 1.7 to 3.8 million traumatic brain injuries occur every year in the United States. As much as 10% of these traumatic brain injuries are caused by recreational activities and sports, including golf cart accidents. Sports and recreational activities are a significant cause of traumatic brain injuries in children and adolescents. Over 21% of all traumatic brain injuries among young people and children happen due to recreational activities and sports.

Traumatic brain injuries happen due to a blow or jolt to the head, a penetrating head wound, or they can be acquired. Recreational activities such as riding ATVs, or driving a golf cart can cause severe traumatic brain injuries. Many people assume that because ATVs or golf carts are not as big as passenger vehicles, they are not dangerous. Unfortunately, golf carts and ATVs are responsible for many traumatic brain injuries every year.

The CDC reports that transportation-related accidents accounted for over 49% of all traumatic brain injuries. These accidents involve bicycles, pedestrians, recreational vehicles, adn motor vehicles. Young adults, and those over the age of 75 have suffered traumatic brain injuries. When a motor vehicle crashes, the victim’s brain can slam into the dashboard, or the victim can fly out of the vehicle and hit his or her head on the ground or golf cart. Unfortunately, many young people who are involved in recreational vehicle accidents do not wear helmets, leaving them particularly exposed to traumatic brain injuries.

Brain Injuries Caused by Recreational Activities Range in Severity

The severity of injuries caused by traumatic brain injuries depends on the accident. Many people who suffer a brain injury suffer mild concussion symptoms or mild physical trauma including lacerations and scalp contusions. Others suffer severe traumatic brain injuries as well as brain bleeds and comas.

It is essential to recognize when brain injuries have resulted in a hemorrhage or traumatic brain injury, which is why it is so important to seek a thorough medical examination immediately after a recreational or sports accident. Doctors will run tests to rule out severe brain damage. Recurrent minor brain injuries like multiple concussions from sports can result in more severe brain injuries over time.

The Long Term Effects of Traumatic Brain Injuries

Traumatic brain injuries caused by recreational or sports activities can lead to devastating effects. The young man mentioned above lost his ability to speak and find the right words. Many traumatic brain injury victims find it hard to express thoughts and words, or suffer from slurred speech. Additionally, cognition is often negatively affected by traumatic brain injuries. Victims may not become easily distracted, overstimulated by their environment, and unable to follow directions.

These cognitive symptoms can make it extremely difficult for people with traumatic brain injuries to maintain employment. They may feel confused, disoriented, and suffer other types of neuropsychological deficiencies. Additionally, those with traumatic brain injuries often suffer with persistent, or recurring headaches. Motor dysfunction can also happen in which they find it difficult to coordinate their motor functions. They may lose their ability to walk and need 24-hour assistance.

Recovering Compensation After a Traumatic Brain Injury

When another business or individual’s negligence caused your traumatic brain injury, you may be able to recover compensation for your injuries. Brain injuries often affect your ability to provide for yourselves and your loved ones and cause you to need care either part-time or full-time. The best thing you can do after suffering a traumatic brain injury is to contact an experienced personal injury lawyer. At Heninger Garrison Davis, we have helped many clients obtain the compensation they deserve after suffering a traumatic brain injury. Contact our law firm today to schedule your initial consultation.

Bair Hugger Warming Devices

Bair Hugger warming blankets keep patients warm during and after surgery. The use of warm air helps patients’ circulation and can help speed up the healing process. Unfortunately, research has shown us that Bair Hugger warming blankets may stir up dangerous bacteria and contaminants from the floor of the operating room and deposit them into a patient’s surgical site.

Pathogens that spread in this manner can cause deep joint infections and start infections, the need for more surgery, and in severe cases, amputation. When a patient contracts an antibiotic-resistant bacteria, the patient may even die as a result of the infection.

3M Recalled 165,000 Bair Hugger Warming Defects

In January 2018, the company 3M recalled 165,000 Bair Hugger warming blankets due to a design defect. Some of the blankets involved in the recall failed to fully inflate after 3M redesigned the system’s underbody blanket. In the recall letter, 3M warned that the partial inflation of the blankets that could prevent them from properly warming patients.

One report to the FDA claimed that a patient suffered from hypothermia during surgery. The patient used a Bair Hugger warming blanket. The device involved in this lawsuit was not one of the units involved in the 2018 recall. The patient involved in this lawsuit required treatment in an intensive care unit.

Bair Hugger Lawsuit Updates

Bair Hugger lawsuits have become more prevalent. In one case, a woman claimed that she developed a deep joint infection shortly after a knee replacement surgery that used a Bair Hugger warming device. She required multiple procedures to clean the infected area. Due to a large number of similar lawsuits that plaintiffs have filed against 3M, these lawsuits have become centralized in a Minnesota U.S. District Court.

Claims Involved in Bair Hugger Lawsuits

Hundreds of plaintiffs have been filed, claiming that Bair Hugger blankets cause serious injury. These lawsuits allege the following legal claims:

• The defective design of Bair Hugger warming blankets
• Bringing an unreasonably dangerous product to market
• Concealing the risks of using a Bair Hugger warming blanket
• Failing to test the blankets adequately before producing them
• Marketing Bair Hugger blankets aggressively, despite knowing the safety risks
• Misrepresenting the fact that Hair Hugger meets the filtration standards set up by HEPA
• Making intentionally misleading and false statements about the safety of the blankets
• Failing to discontinue, redesign, or warn doctors about dangers associated with Bair Hugger blankets.
• Negligence on the part of doctors and medical staff when using the blanket
• Causing plaintiff injuries based on the acts or omissions mentioned above

Injuries Potentially Caused By Bair Hugger Warming Blankets

Several different serious personal injuries can result from the use of Bair Hugger warming blankets, including the following:

• Sepsis
• Deep joint infections in the knee and the hip, including staph infections, MRSA, and other types of bacteria-resistant infections
• The need for more surgeries to implant a new knee replacement or to clean up the infection
• Limited mobility of the affected knee joint
• Amputation of an affected limb required due to an incurable infection of the joint

Are You Eligible for a Bair Hugger Lawsuit?

The best way to determine whether or not you are eligible for a Bair Hugger warming blanket lawsuit is to speak to an experienced lawyer as soon as possible. You will need to show that you have suffered an injury caused by a Blair Hugger blanket. You will also need to file a personal injury lawsuit before Alabama’s statute of limitations expires. The following are some of the requirements for filing a personal injury lawsuit:

• You underwent a joint replacement surgery or other surgery in which your doctors used a Bair Hugger warming system
• You developed a deep joint infection that was acquired in the hospital within 60 days of the surgery taking place
• You suffered losses as a result of your infection, such as a loss from a prolonged hospitalization, a prolonged or painful recover, additional surgeries, amputation of your affected limb, disability, or physical therapy

Contact Our Alabama Personal Injury Lawyers Today

If you or your loved one have suffered injuries due to the use of a Bair Hugger warming blanket, you could be entitled to damages. Contact the experienced Alabama personal injury lawyers at Heninger Garrison Davis today to learn whether or not you might have a valid personal injury claim. We have the skills and experience needed to advocate effectively for our clients.