HGD Investigating the Recent Blackbaud Data and Security Breach

July 30, 2020

The law firm of Heninger Garrison Davis, LLC is currently reviewing the data breach and security incident related to Blackbaud.  Any school, non-profit, foundation, fundraising, or financial management firm or organization that ever used Blackbaud to provide cloud computing and/or financial administration may be at risk of serious harm.  Your information, and the information of your donors, is alleged to have been stolen and made available in an illegal manner.  We are investigating all potential claims against Blackbaud and will be happy to give you advice with no cost or obligation.  If you then engage our services, we will represent you and be paid only if we are successful.

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HGD Files Suit on Behalf of 11-Year-Old Girl Shot in Riverchase Galleria

Birmingham, AL

July 27, 2020

Heninger Garrison Davis files suit for 11-year-old girl injured in the Riverchase Galleria Mall shooting incident that took place on July 3, 2020.  The lawsuit filed in Jefferson County Circuit Court names three defendants: Brookfield Properties Retail, Inc (owner/operator of the Mall); Andy Frain Services, Inc ( Security Contractor); and, Mike White ( General Manager of the Mall).

The young girl suffered one bullet passing through her leg and another that caused a laceration on her face requiring many sutures. The complaint alleges negligence in the failure to provide reasonable and necessary security and safety in an environment that was reasonably anticipated to present security risks to patrons at the Galleria.  The suit demands trial by jury.

Understanding Different Types of Sexual Harassment in the Workplace

News agencies have increasingly covered sexual harassment in the workplace in the last few years. If you are an Alabama employee who has been subject to sexual harassment, you may be wondering what you need to do to prove it took place. Unfortunately, sexual harassment happens all over the state of Alabama. If you have experienced harassment at work, you are not alone.

While sexual harassment in the workplace can take many different forms, there are two types of that are illegal in the United States. Understanding these two types of unlawful sexual harassment at work can help you understand your options going forward if you think you might be a victim.

Quid Pro Quo Sexual Harassment

Quid pro quo sexual harassment takes place when an employer or manager threatens to fire or demote an employee if he or she does not engage in specific sexual activities. Quid quo pro sexual harassment can also happen when an employer offers an employee any work-related opportunity in exchange for sexual favors or threatens any adverse employment actions unless ssexual acts are performed.

Examples of Quid Pro Quo Sexual Harassment

Quid pro quo sexual harassment often happens during the hiring process. The employer interviewing the employee could ask personal questions that are not related to the job. The manager may then sit on the edge of his chair, put his hands on the potential employee’s shoulders and say, “if I decide to give you this job, we’ll be spending time after work hours together” in a sexually suggestive tone.

Or, an employer may begin taking a sexual interest in the employee and suggest that they go on a date. When the employee flatly rejects the idea of any romantic relationship, the supervisor may threaten to fire the employee if he or she does not engage in sexual favors.

Many times, employers and managers assume that they will not be found out. They tell employees that they will fire them for a legitimate cause, like showing up late a few times, or not doing a good enough job. When the employee can show that the real reason for the termination of employee was due to sexual harassment, he or she may have a valid compensation claim.

Hostile Work Environment Sexual Harassment

Sexual harassment on the job is illegal, and it negatively impacts an employee’s ability to work effectively. Being subjected to a hostile work environment can make an employee’s life incredibly challenging inside and outside of the workplace. Creating a hostile work environment is prohibited by Title VII of the Civil Rights Act of 1964. Employers cannot create a hostile work environment, and engaging in sexual harassment is one way to create a hostile work environment easily.

Examples of Sexual Harassment Through a Hostile Work Environment

Examples of creating a hostile work environment through sexual harassment include the following:

• Sharing sexually explicit and inappropriate videos or images
• Sending sexually suggestive emails, notes, and letters
• Making sexual gestures
• Inappropriate touching
• Staring at someone in a sexually suggestive or offensive way
• Whistling at an employee
• Making sexual comments about an employee’s clothing, body parts, or appearance
• Asking someone else sexual questions, such as questions about their sexual orientation or history
• Making offensive comments about someone’s gender identity or sexual orientation
• Sharing sexually explicit stories or anecdotes
• Displaying sexually explicit posters or pictures in the workplace
• Inappropriate rubbing, patting, pinching, or brushing up against someone

Any words or actions with a sexual connotation that interferes with another employee’s ability to create an uncomfortable atmosphere or ability to work can be considered sexual harassment. Also, you do not need to be the person at whom the comments or actions are directed to take action against sexual harassment. For example, if you overhear a manager always making sexually explicit comments about a coworker, you may still have a valid claim against your employer.

Bringing a Sexual Harassment Claim Against Your Alabama Employer

When Alabama employees can show that they were subjected to a hostile work harassment, or that their employers have engaged in quid pro quo sexual harassment, they may be entitled to compensation. Specifically, successful plaintiffs can sue for damages for emotional distress, attorney fees, and lost wages. When employers act egregiously, a judge can order them to pay additional punitive damages.

Contact an Experienced Alabama Sexual Harassment Lawyer

At Heninger Garrison Davis, we understand how difficult it is to undergo sexual harassment in the workplace. We advocate fiercely on behalf of clients who have experienced sexual harassment so they can recover restitution and compensation. Contact our law firm today to schedule your free initial consultation.

Has Your Insurance Company Denied Your Business Interruption Claim?

During the COVID-19 pandemic, many businesses depend on recovering funds by filing a business interruption claim with their insurance companies. Businesses have been filing lawsuits against insurance companies throughout the country, claiming that the insurance companies breached contracts with them by not providing coverage for the government-imposed shutdowns.

Business Interruption Claims

If you are a business owner and your business has been shut down due to the coronavirus pandemic, you may have a valid claim to compensation through your insurance policy. Every commercial insurance policy is unique, but many of them provide coverage for business interruptions.

Many insurance companies are contending that they are not legally obligated to cover damages related to viruses. After the Zika outbreak took place during the 2016 Olympics, many insurance companies updated their coverage to eliminate disease-related events.

Businesses Should Consult Their Insurance Policies

All business owners will need to consult their policies to see the terms set forward. Some policies only allow coverage for lost “business income,” “extra expenses,” and “contamination” that kick in if a business has incurred extra expenses due to involuntary business interruption. When an insurance policy does not expressly exclude losses due to pandemics, companies may be able to make a compelling argument that the insurance company should cover lost income due to the coronavirus shut-down orders.

Some Insurance Companies Have Already Paid Business Interruption Claims

Wimbledon has received a payout of approximately $141 million after they had to shut down the world-renown tennis tournament due to the coronavirus. Similarly, the NCAA recovered $270 million. Their insurance policies allow for coverage during a pandemic. As soon as the coronavirus became a pandemic, they became eligible for an insurance payout.

The Houston Rockets Have Sued Their Insurance Company

The Houston Rockets have brought a lawsuit against their insurance company for the denial of their coronavirus-related claim on their business-interruption policy. Some other sports franchises have been able to recover some of their losses. Still, the Rockets are the first National Basketball Association team to file a lawsuit to recover damages for the COVID-19 shutdown.

Specifically, the Houston Rockets have sued Affiliated FM Insurance after the insurance company denied their $400 million claim for business interruption due to the coronavirus outbreak. The owners of the Rockets have paid over $700,000 in annual insurance premiums on the business-interruption policy, which is worth over $400,000.

Many More Businesses Will Likely File Lawsuits

The American Property Casualty Insurance Association (APCIA)to file a claim successfully. As mentioned above, some insurance policies have exclusions for viral infections.

Contact an Experienced Lawyer as Soon as Possible

If you are a business owner or manager, and you are concerned about how your business will survive as coronavirus shutdowns continue, we recommend speaking to an experienced lawyer as soon as possible. Companies often pay extremely high insurance premiums so that they know they will be protected in the event of an emergency.

The sooner you speak to an experienced lawyer, the better. At Heninger Garrison Davis, we have a successful track record of holding insurance companies that act in bad faith accountable. Contact our Alabama law firm as soon as possible to schedule your initial consultation.

Determining the Value of Your Traumatic Brain Injury Lawsuit

Shockingly, nearly 2.8 million people suffer traumatic brain injuries every year in the United States. According to the Centers for Disease Control (CDC), traumatic brain injuries contribute to the deaths of 56,800 people every year, including over 23,000 deaths of children. Additionally, emergency room visits of children age 17 and younger for traumatic brain injuries increased by 54% between 2006 and 2014.

If you have suffered a traumatic brain injury caused by someone else’s negligence, you may be entitled to compensation. For example, if you suffered a traumatic brain injury because a drunk driver collided with your vehicle, the drunk driver is financially responsible for economic damages caused by your traumatic brain injury.

Estimating the Value of Your Traumatic Brain Injury Lawyer

At Heninger Garrison Davis, when we meet with new clients who have suffered traumatic brain injuries, they often initially ask how much their case is worth. While it is impossible to predict the exact amount that a jury might award a plaintiff for a traumatic brain injury, we can estimate the amount of economic damages our clients have suffered as a result of their injuries. The value of the case depends on several factors, including the cause of the accident, the type of traumatic brain injury incurred, and the severity of the client’s symptoms.

Many Traumatic Brain Injuries are Caused by Negligence

Sadly, many traumatic brain injuries are completely preventable and happen because of another person’s negligence, recklessness, or intentionally damaging behavior. Almost half of all traumatic brain injury emergency room visits happened because of falls. Being struck with a blunt object is another common cause of traumatic brain injuries. Other common causes of traumatic brain injuries include the following:

• Car accidents
• Gunshots and other firearm accidents
• Open head injuries in which something penetrates the skull
• Sports-related injuries
• Domestic violence
• Assault

The Extent and Severity of the Traumatic Brain Injuries

The more severe your symptoms, the greater your chances of recovering a significant amount of damages for your traumatic brain injury. The majority of traumatic brain injuries are Mild Traumatic Brain Injuries. Mild concussions often fall into this category of brain injuries. More severe types of brain injuries often carry long term damage or even permanent psychological and physical damage.

Doctors often use the Glasgow Coma Scale, a tool that determines the severity of a person’s neurological abnormalities. The Glasgow Coma Scale uses a 15-point test that involves a person’s eye-opening, verbal response, and motor response abilities. The greater your impairments, the more compensation to which you may be entitled. For example, if your neurological impairment prevents you from working and enjoying your daily activities, you may receive greater compensation.

The Amount of Your Lost Wages and Loss of Potential Income

In many circumstances, victims of severe traumatic brain injuries are unable to return to work for long periods of time. When adjusted for inflation, a 35-year-old who can no longer work may easily lose over two million dollars of lifetime income, or more. When victims of traumatic brain injuries suffer severe neurological injuries, they may not be able to return to work at any job, even one that is less demanding than their previous job.

Disability Care Costs

Victims of severe traumatic brain injuries often need long-term disability care. According to some estimates, the cost of in-home care, nursing home care, rehabilitation expenses, and transportation costs can exceed millions of dollars, especially if the victim is middle-aged or younger. Full-time nursing home care can easily cost $7,000 per month or more in Alabama.

Calculating Damages for Pain and Suffering

Calculating pain and suffering damages is a somewhat subjective process. The exact calculation depends on the jury that hears your case. If you settle your case before going to trial, you will be able to negotiate a satisfactory amount for your pain and suffering. Many victims of traumatic brain injuries do suffer from serious pain and suffering in terms of a loss of mental capacity. One of the most devastating consequences of traumatic brain injuries is the loss of being able to engage in activities you once enjoyed.

Contact an Experienced Personal Injury Lawyer

At Heninger Garrison Davis, we have a proven track record of helping clients recover compensation for their personal injuries. We will evaluate your case and help you determine how much your case is worth, and then we will advocate for your rights. Contact us today to schedule your free initial consultation.

Zantac Cancer Lawsuits: July 2020 Update

Zantac is one of the most popular medications available. Unfortunately, there is a significant link between Zantac and developing cancer. Doctors have been prescribing Zantac, an antacid drug, since the 1980s. Millions of people have used the drug Zantac as well as its generic equivalents every day for years to prevent acid reflux. Recent lab testing of ranitidine, the active ingredient in Zantac, has shown that these medications contain high levels of a chemical known as NDMA. NDMA has been known to cause cancer.

 

The U.S. Food and Drug Administration issued a safety warning in September 2019 warning about the cancer risks associated with taking Zantac. There has now been a Zantac recall. Products with the chemical ranitidine have been recalled abruptly from stores around the country. People who have taken Zantac could have been unknowingly ingesting high levels of NDMA.

 

How Dangerous is NDMA?

 

Currently, over-the-counter Zantac products are no longer on the market while experts investigate how dangerous the NDMA chemical can be to humans. NDMA is an incredibly toxic carcinogen. The primary use of this chemical is to induce tumors experimentally in animals. According to the Food and Drug Administration, the daily limit for NDMA for most people is 96 nanograms. The company Valisure has detected an excess of 3,000,000 nanograms of NDMA per tablet when analyzing products with ranitidine.

 

Legal Experts Predict a Massive Wave of Zantac Class Actions Related to Zantac

 

Most legal experts predict that plaintiffs will begin filing a massive wave of Zantac-related lawsuits. As of March 2020, over 200 cancer Zantac lawsuits have been filed in federal court. These lawsuits are likely the tip of the iceberg of mass-torts related to Zantac. Millions of Americans have used Zantac for years to prevent heartburn.

 

Individual lawsuits regarding Zantac are now consolidated under Judge Robin L. Rosenberg in Florida for consolidated pretrial proceedings. This judge will set the rules for the class action lawsuit as attorneys from around the country try to determine how much drug companies knew about the alleged cancer-causing chemical NDMA that they included in their product.

 

Understanding Multidistrict Litigation in Mass Tort Cases

 

Multidistrict litigation is a special legal procedure that allows judges to bundle their complex and sprawling lawsuits. One judge will handle all of the pretrial matters. The currency multidistrict litigation involving Zantac in Florida is the single largest multidistrict litigation in the history of the United States. One plaintiff’s lawyer has stated that he expects at least 100,000 plaintiffs to join the class-action lawsuit.

 

Holding Drug Manufacturers Accountable

 

It seems as though the manufacturers of the drug Zantac have been more interested in making a profit than with the health of people taking the drug. Plaintiffs allege that drug manufacturers knew about the dangers associated with Zantac as early as the 1980s but failed to disclose the dangers of these products to doctors, the health community, or the public at large.

 

Currently, over 230 plaintiffs have joined the mass tort litigation of MDL 2924 In Re: Zantac (Ranitidine) Products Liability Litigation. The judge presiding over this case has created a Plaintiff’s Steering Committee. This committee is made up of 10 men and 10 women. The judge has also created a Leadership Development Committee, which allows a greater number of lawyers into the mass tort litigation. It remains to be seen how many other plaintiffs will join in the mass tort litigation, but the number could exceed 100,000.

 

What to do if You Have Been Taking Zantac

 

If you have been exposed to Zantac, you are likely understandably concerned about your health. You may wonder what you should do. If you or a loved one have been prescribed with Zantac, or have purchased the drug, and you have suffered adverse side effects, you could be entitled to compensation. If you have been diagnosed with cancer, or you have suffered other serious medical complications, you may be entitled to compensation.

 

Contact Our Experienced Personal Injury Lawyers as Soon as Possible

 

The best thing you can do is to speak with an experienced personal injury lawyer who will represent your best interests. At Heninger Garrison Davis, we have decades of legal experience advocating for victims of dangerous and defective drugs. The sooner you speak with an experienced lawyer, the better. We can help you navigate the process of joining in mass tort litigation. Contact our Alabama personal injury lawyers today to learn how we can help you seek compensation.