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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Celebrate our nation’s freedoms while supporting our city’s youth with Red, White, and Brew!

The Fourth of July is a beloved holiday for many reasons. We celebrate our nation’s birthday and the vast freedoms we are privileged to enjoy as citizens of the United States of America. Fireworks burst in the summer night sky. We adorn ourselves in our boldest red, white, and blue outfits. And many of us even revel in a day off of work! For the second year running, you’re invited to raise a glass to America with Red, White, & Brew on Tuesday, July 3rd—Birmingham’s star-spangled food truck rally at Avondale Brewing. And beyond those proud-to-be-an-American reasons to celebrate, all of the proceeds from this special event benefit the Birmingham Education Foundation.

 

Hosted by Heninger Garrison Davis, LLC, a national trial law firm representing personal injury cases, mass torts, and intellectual property, this year’s Red, White, & Brew will not only celebrate life, liberty, and the pursuit of happiness, it will also fund improved educational opportunities for area youth. All proceeds from admission to the event will go directly to the Birmingham Education Foundation, a local nonprofit organization dedicated to putting Birmingham City Schools students on successful pathways for their journey into college and their careers beyond high school.

“One of the greatest freedoms we enjoy as Americans is the right to an education. At Heninger Garrison Davis, we firmly believe that a strong educational foundation is crucial to success. Just last year, we were able to raise $10,000 for the students in our area through this unique event, and aspire for this year’s celebration to be even bigger,” says Tim Davis, managing partner at Heninger Garrison Davis, LLC. “The Birmingham Education Foundation is dedicated to helping students develop individual skills for future accomplishments. The Foundation’s resources help ensure our local students achieve academic, professional, and personal successes that build confidence and create a better future for us all right here in Birmingham.”

One of the resources the Birmingham Education Foundation offers is their collegiate preparedness initiative—an enterprise that creates college-going pathways for Birmingham City Schools students. The Foundation not only educates area youth on financial assistance programs to assist with attending higher learning institutions, they also facilitate college tours and even provide college-prep coursework for high school students. In addition, the Birmingham Education Foundation partners with various area businesses, like Heninger Garrison Davis, to create a network of skills-development opportunities and professional connections designed to help students realize their unique talents and interests.

Red, White, & Brew will begin at 4pm and last until 9pm at Avondale Brewing. With the change in venue, the all-ages event will be able to accommodate even more people than last year’s breakout success! Live performances from Birmingham musicians Remy Garrison, Legal Limit, and Heath Green & the Makeshifters will serve as the lively soundtrack to this USA-centric event. Children’s activities like inflatables and face painting are certain to keep the little Americans enthralled, and everyone in attendance will have their pick of Birmingham’s very best mobile culinary offerings courtesy of the Birmingham Food Trucks. From fresh-baked donuts glistening with frosting to expertly spiced tacos, gooey gourmet grilled cheese sandwiches to Nashville-style hot chicken and nearly every dish in between—you’ll have a chance to savor your favorites or try something completely new! Throughout the evening, Avondale will serve up their award-winning brews in refreshing summer flavors like the Peach Saison and the Train Hopper Pale Ale to keep your thirst quenched all night long. And be sure to stick around for the custom fireworks show just for Red White and Brew guests!

Tickets for Red, White, & Brew are $5 in advance for adults, $2 for children ages 5 to 12, and FREE for all children under 5. Tickets will also be available the day of the event for $10 at the gate. For more information about the Red, White, & Brew celebration this Fourth of July or to purchase your tickets today, visit the event website here! For more information about Heninger Garrison Davis’ commitment to the future of Birmingham, check out hgdlawfirm.com.

 

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Erik Heninger elected Alabama Bar Commissioner for 10th Judicial Circuit, Place 9

HGD partner, Erik Heninger, has been elected to serve as a Bar Commissioner for the 10th Judicial Circuit, Place 9 for the Alabama State Bar. The Board of Bar Commissioners (BBC) is the governing and policy-making body of the Alabama State Bar. The board is composed of 75 members. Of those 75, there are 65 members who are elected from the 41 judicial circuits and nine at-large members who are selected by the board. Commission terms run for three years beginning at the annual meeting in July following the member’s election or selection. As part of his Commissioner responsibilities, Erik will continue to sit on the Alabama State Bar Character & Fitness Committee and the Disciplinary Rules & Enforcement Committee. He has been a member of the Birmingham Bar Executive Committee since 2016.

The Board of Bar Commissioners has the authority to promulgate and enforce rules relating to admissions, rules of ethics and discipline of its membership. Other responsibilities of the board include determining the qualifications and requirements for admission to the practice of law; investigating and acting on complaints concerning conduct of members and applicants for admission; overseeing the bar examination; assisting local bar associations and more.

Erik is a member of the State Bars of Alabama, Georgia and Mississippi and maintains a consistent presence in each state. The majority of his 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.

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