HGD’s Gayle Douglas Featured in Attorney at Law Magazine 2018 Women in Law special edition

Raised in blue-collar south Florida, Gayle Douglas admits to an early fascination with being in the courtroom. “I knew that from the time I was in high school I wanted to be a lawyer. There was never any doubt. It’s a job where I can write, think and argue. I get the opportunity to help people who desperately need help. I get to be a problem solver.”

Following college at Florida State University, she made her way to law school at the University of Alabama. After five years as a defense attorney, Douglas realized that she was drawn to the other side. “I picked up a lot of skills doing defense work that are helpful to me now. I’m glad I experienced the law from that perspective … but, I have to admit, I have always been a plaintiff ’s attorney at heart.”

Today, as a partner of Heninger Garrison Davis, LLC, the talented litigator represents a broad array of clients in personal injury and death cases. She handles product liability, negligence and medical malpractice claims, as well as complex commercial disputes and class action litigation.

She joined Heninger Garrison Davis in 2007. “They were good about sending me to court right away. It felt like I was always in a courtroom or on a plane those first few years! These were cases involving trucking, medical malpractice, class actions, and pharmaceuticals. Pretty heady stuff for a young attorney.”

She played a major supporting role to Steve Heninger in an electronic bingo case that resulted in a $64 million jury verdict, a verdict selected by the National Law Journal as one of the Top 100 Verdicts in 2012. “I think everyone should experience a three-week trial in federal court. But hopefully only once!”

She is proud of that verdict but prefers to talk more about recent accomplishments. Last year she won a $400,000 verdict representing a young man in a tractor-trailer case. Her client, a printing press operator, was forced off the road when the truck driver crossed the yellow line on a two-lane highway. “My client tried to get back on to the roadway, but started spinning. He was sure he would die. The truck driver said my client must have fallen asleep at the wheel, but the jury didn’t buy that story.”

Another recent case involved a woman hit by a car while jaywalking in downtown Birmingham. “In Alabama, we have to contend with contributory negligence, which means that if a plaintiff is even 1 percent negligent herself, she doesn’t recover. It’s always a hurdle at trial. But I’m proud of the fact that I was able to get past that defense and secure her a verdict for her injuries. If you empower a jury to act, they tend to do the right thing.”

And Douglas’ work doesn’t stop at 5 o’clock. She has taken an active role in several causes. “I’m on the Birmingham Bar Association’s diversity and inclusion committee. The mission is to promote diversity, equality and cultural understanding within the profession and the Birmingham Bar. Right now, I’m working with some other members to put together a guide on how law firms can attract, recruit and retain minority candidates. I’m proud of this committee because it is taking concrete steps to effect real change.”

And of course, her work at home is every bit as challenging and rewarding as that in the office. She has a 3-year-old daughter, Emma, and 1-year-old son, Nicholas. “I’ve realized the true value of time since having children. There is no time to waste in a day.” Tough litigator, passionate fighter and devoted mother – Gayle Douglas manages to fill all three roles. “I like showing up every day knowing that I have someone to fight for.”

Original Attorney at Law magazine article here

 

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Six HGD Attorneys Named to B-Metro 2018 Top Women Attorneys

HGD congratulates our six attorneys who have been named to B-Metro Magazine’s 2018 Top Women Attorneys in Birmingham.  The criteria for selection include education, community service and professionalism. Congratulations to Gayle Douglas, Kathryn Harrington, Caroline Hollingsworth, Brandy Robertson, and Amanda Williamson.

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HGD’s 2nd Annual “Red, White and Brew” Raises $15,000 for Birmingham Education Foundation!

HGD team presents $15,000 check to Birmingham Education Foundation. L-R: Cheryl Thomas, Erik Heninger, KC Dada, Steve Heninger, Whitney Williams, JW Carpenter and Tzena Gauldin

15,000 Reasons to Love HGD’s 2nd Annual “Red White and Brew” Community Food Truck Fest and Fundraiser

On Tuesday, July 3, Heninger Garrison Davis held their 2nd Annual “Red, White, and Brew” Food Truck Fest and community fundraiser at Avondale Brewing Company. Over 3000 guests attended the all ages event which included the best food trucks in town, live music from bands Legal Limit and Heath Green and the Makeshifters, Avondale’s fabulous cold craft beer, and a multitude of fun activities. The best part of the event: $15,000 was raised and donated to Birmingham Education Foundation (Ed) to support their mission of “increasing the number of students in the in Birmingham City Schools that are on the path to college, career and life-readiness.”

Heninger, Garrison, Davis is honored to have helped pull the community together for a second year in conjunction with the Birmingham Food Trucks and GoPro Events for such a worthy cause and thrilled to present the donation to J.W. Carpenter, Executive Director, Whitney Williams, Development Manager, and KC Dada, Programs Director, for the foundation.

“Our HGD team set out to create a community event that would bring families and friends together to celebrate our country’s birthday while raising money to support our amazing Birmingham students,” said Tzena Gauldin, Firm Administrator for HGD. “Because our home office is in beautiful downtown Birmingham, it was also very important to us to make this event all about supporting the greatness of Birmingham:  local students, local Food Trucks, local bands. Great things are happening in Birmingham, and “Red, White, and Brew” proves that our community is going to come out to support local initiatives and events.”

A part of The Community Foundation of Greater Birmingham, Ed is creating opportunities for Birmingham students to take advantage of the wealth of resources the city has to offer. “Education is supposed to be the great equalizer, offering every person an opportunity to receive a strong educational foundation so that they may pursue their dreams,” said Erik Heninger, partner at Heninger Garrison Davis, LLC. “Ed maintains a dedication to helping students foster individual skills for future accomplishments. Their resources help ensure our local students achieve academic, professional, and personal successes that build confidence and create a better future for us all as a community.”

HGD is excited to announce that “Red, White and Brew” 2019 is already on the calendar! Save the date as this is one event you will not want to miss!

View Red, White and Brew Photos here!

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SALE OF ESSURE Birth Control TO BE DISCONTINUED WORLDWIDE BY END OF 2018

By Amanda Williamson

July 20, 2018

Essure manufacturer, Bayer AG, has announced that it is pulling Essure off the U.S. market by the end of 2018. This announcement follows a series of earlier actions taken by the FDA to address the reports of serious complications associated with Essure use and the filing of over 16,000 lawsuits by women alleging injury caused by Essure. Bayer discontinued the sale of Essure in all countries outside of the United States last year. Essure will now be effectively pulled from markets worldwide.

What is Essure?

Essure is a minimally invasive permanent birth control procedure for women. It is a type of tubal sterilization. A soft, flexible insert is placed into each fallopian tube. The Essure insert is made of materials that include polyester fibers, nickel, titanium, platinum, silver-tin and stainless steel. Over three months after insertion, a barrier forms around the inserts. This barrier, which is made of scar tissue, helps keep sperm from reaching the eggs so pregnancy cannot occur.

Essure was approved by the FDA in 2002. The device was developed by Conceptues Inc. a subsidiary of Bayer AG. Over 750,000 women and their doctors have chosen Essure for permanent birth control.

Reported Complications

Reports of severe complications following the Essure procedure include:

• Additional surgeries, including hysterectomy to remove the device and repair internal organs
• Autoimmune response to the device, including fatigue, rashes, hair loss and weight gain
• Chronic pelvic pain
• Migration of the device or a device component
• Perforation or tear of pelvic organs, including uterus or colon
• Severe migraines and allergic reactions to the device or device components.
• Fetal Death
• Life-threatening Ectopic Pregnancy

FDA Recent Action

• September 2015: The FDA convened a panel of experts to get their input on how we should investigate patient complaints that included abdominal pain, abnormal uterine bleeding and device migration.
• February 2016: The FDA ordered Bayer to conduct a postmarket (522) study to better evaluate the safety profile of the device when used in the real world. The agency announced that it intended to require labeling changes to help patients better understand the potential risks of the device.
• October 2016: The FDA issued the final guidance, “Labeling for Permanent Hysteroscopically-Placed Tubal Implants Intended for Sterilization” and in November 2016, the FDA approved updated labeling for Essure consistent with the guidance that added a boxed warning and a Patient Decision Checklist.
• February 2018: FDA officials met with women implanted with Essure and patient advocates to listen to their concerns and experiences with the device.
• March 2018: The FDA reported on a rise in new medical device reports submitted to the agency’s public database in 2017 with more than 90 percent of the reports involving potential device removal.
• April 2018: In order to address concerns that not every patient was receiving adequate risk information, the FDA restricted the sale and distribution of the Essure device.

Contact Us

If you or a loved one has experienced complications after implantation of Essure, please contact us to discuss your options. Even if you feel you are not ready to file a suit, consult one of our qualified lawyers as soon as possible so that you will know your options. We do not charge any fees upfront. In fact, we will only charge attorney’s fees if we obtain a financial settlement for you. If you don’t win, we won’t get paid a legal fee. Call or email us today for your free case evaluation: 1.800.241.9779, Amanda Williamson, or Bill Bross.

 

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Tim Davis and Erik Heninger are guest speakers at 2018 American Association of Justice Annual Convention

HGD’s Tim Davis and Erik Heninger were guest Continuing Legal Education (CLE) speakers at the American Association of Justice Annual Convention held in Denver, Colorado July 7 – 10. Designed by plaintiff lawyers, for plaintiff lawyers, AAJ’s CLE programs are an unmatched resource for staying ahead of the curve and enhancing your practice. AAJ Education programs feature nationally renowned faculty, updates in a wide range of practice areas, and the latest in trial advocacy topics.

Tim Davis

 

Tim Davis was a part of the Business Tort Section/Antitrust Litigation discussion. His topic of discussion was “How the Changing Winds of Patent Law May Impact the Landscape of Your Business Torts Practice.” A substantial portion of Tim’s legal practice is in the area of business litigation and in protecting the rights of intellectual property owners. Tim is a 1981 graduate of Florida State University with a degree in Business Administration and a 1984 graduate of Cumberland School of Law.  He currently serves as the firm’s managing partner. Tim has authored numerous articles and has been a frequent speaker at continuing legal education seminars.

 

 

 

 

Erik Heninger

Erik Heninger was part of the teaching team on Using Critical Thinking to Develop Your Discovery Plan. Erik led the discussion on “Plot a Discovery Plan and Establish Witness Goals.” The majority of Erik’s legal practice is devoted to representing individuals and businesses in civil litigation. While civil litigation is the vehicle through which he works, Erik’s passion is helping people who suffer from catastrophic injuries such as severe brain and spine damage. Erik attended Birmingham-Southern College where he received a Bachelor of Arts in English and he graduated from Cumberland School of Law with his Juris Doctor degree in 2001. Currently, Erik represents the 10th Judicial Circuit (Birmingham) as an elected member of the Board of Bar Commissioners for the Alabama State Bar. As part of his Commissioner responsibilities, Erik sits on the Alabama State Bar Character & Fitness Committee and the Disciplinary Rules & Enforcement Committee. Erik has also been a member of the Birmingham Bar Executive Committee since 2016. 

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HGD Blog: Elder Abuse is a Reality for Many in the Country

Date:  July 9, 2018

Author:  HGD Staff

According to the Alabama Department of Human Resources, the fastest growing segment of the state’s population are the elderly. These are NaNas and Pop-Pops, mothers and fathers, WWII vets, grocers, bankers, and former boardroom wonders. Despite myriad backgrounds and life stories, one thing all elderly individuals have in common is a susceptibility to abuse.

While we often think of neglect, exploitation, and physical and sexual abuse as grievances enacted upon the very young, a recent expose from the Minnesota StarTribune shows that elder abuse is on the rise—particularly within state care facilities. And while state regulations and treatments standards are in place, state regulators lack the staff and expertise to effectively and appropriately investigate, leading to investigations that drag on for years with penalties never enforced. Many state prosecutors allege that they are not notified of these investigations until months after the abuse has occurred, creating overall difficulty in bringing about criminal charges at all.

Closer still to our state, in Georgia charges have been brought against elderly care facilities with scathing incidents like one in Atlanta where nurses laughed at a WWII veteran as he lay dying, gasping for air and crying out for help. In this instance, it took the nursing staff responsible for caring for him an hour to contact 911. Despite video evidence of the nurses’ cruelty, it took three years to bring the family of that veteran justice—with the damage, of course, already done.

Whether physical, mental, sexual, or neglectful in nature, abuse against the elderly robs them of their dignity, comfort, and basic human rights. The elderly individuals living in care facilities in our state and others exist there under the expectation that they will not only be cared for, but that they will be treated with respect and kindness. The Alabama Department of Human Resources describes elder abuse as a grievous mistreatment not limited to any one race, ethnic group, or socioeconomic status. Even within their own homes, the elderly can be vulnerable to manipulation, exploitation, and abuse by family members and friends—those claiming to love them.

We must be vigilant about the safekeeping and care of our treasured older friends and family members. Not all abuse is physical, so not all abuse is obvious. Here are red flags of which to be aware:

• Bruises, wounds, cigarette burns, signs of physical restraint like lacerations and scraping around near the wrists and ankles (from rope or handcuffs)
• Torn or blood undergarments
• Lack of physical grooming; dirty, uncombed hair; unwashed clothing; body odor
• Lack of medical aid necessities like eyeglasses, dentures, hearing aids, walkers, etc.
• Bedsores, malnutrition, dehydration
• Unexplained, uncharacteristic changes in behavior such as acting withdrawn or tense, anxious, edgy, and/or fearful
• Unexplained financial changes (such as changing over Power of Attorney or paying excessive fees for care) that the elderly individual cannot explain or comprehend

The dedicated attorneys at Heninger Garrison Davis, LLC understand the unique changes that accompany the aging process and believe that our elderly population deserves the utmost respect and regard. Heninger Garrison Davis attorneys can and will serve as skillful advocates in the event that abuse has occurred to an elderly individual in your life. Contact our compassionate injury attorneys today if you suspect something is wrong with a senior you love.

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