JUULing and the teen vaping epidemic

According to the U.S. Department of Health and Human Services, in 2018, only 1 in 25 high school seniors were using tobacco products. Thanks to continued efforts over the past two decades, underage nicotine use had finally reached an all-time low, and the epidemic of teens using tobacco products seemed to be coming to an end – that is until JUUL entered the picture. 

What is JUUL, and why is it an epidemic among teens?

JUUL is a small size vaping device that looks like a computer flash drive and has a variety of appealing flavors. This product is advertised as a safe alternative to cigarettes, but the high levels of nicotine and other chemicals found in their pods are still very dangerous to teens. 

The solution’s design creates and sustains nicotine addiction and uses another chemical to increase nicotine absorption. Teens mistakenly believe that using the JUUL device, also known as “JUULing,” is safe, and find its small size and ease of concealment an appealing form of rebellion.

Another reason this has become an epidemic is how JUUL’s marketing is targeting minors. Internal company documents from JUUL have revealed that they have deliberately focused marketing research efforts toward selling their products to kids. 

Parents must learn the signs of e-cigarette use so that they can know when it is time to step in and talk to their children. 

Signs your teen is “JUULing.”

Unfortunately, it is tough to detect the use of JUUL e-cigarettes because they don’t emit the same odor as cigarettes. However, there are signs you can look for so that you can know when it is time to talk to your teens about “JUULing.” 

• Sweet smell: E-cigarette solutions come in a variety of flavors, so the odor they emit is equally varied. Most of the time, the scent is sweet, like fruit or candy. 
• Bloodshot eyes
• Irritability: Nicotine withdrawal can cause moodiness or a jittery demeanor. 
• Nosebleeds: Vaping dries out the skin inside of the nose, causing nosebleeds, especially in the winter. 
• Frequent thirst: The chemicals in vaping liquids have been found to cause dehydration and increased thirst. 
• Persistent cough: Vaping irritates the lungs and can make breathing difficult. 

In addition to these signs, you might look for strange-looking devices that resemble large USB drives – JUUL’s signature design that makes it easy to conceal. 

What you can do if JUUL has injured your child

The company has come under fire recently in the wake of three lawsuits alleging the devices have caused JUUL users to become addicted to nicotine. One of the JUUL lawsuits filed was by the parents of a 15-year-old boy who they claim is addicted to the vaping device and the nicotine it provides. Also, the Massachusetts Attorney General opened an investigation into JUUL to determine if the company is targeting minors with their products.

Heninger Garrison Davis is currently looking for people who vape who may have experienced any of the following:

• Addiction – with or without treatment.
• Any person, especially high school or college students, who have been diagnosed with hypersensitivity pneumonitis or pneumonia or eosinophilic pneumonia that required medical treatment including hospitalization. JUUL smokers can quickly develop significant pneumonia that may require ICU care, including mechanical ventilation. 
• Any person who has developed COPD or advanced asthma after using JUUL products.
• Any person that has a heart attack (myocardial infarction) after using JUUL products.

Even if you are not ready to file a suit, you may still consult with one of our qualified lawyers for free to learn your options — Call 1-800-222-9657 for a free claim evaluation. A member of our staff will reach out to you to discuss your options. You may be entitled to monetary compensation.

Partner with Heninger Garrison Davis to File a Claim Against JUUL

Heninger Garrison Davis is Alabama’s most prolific civil litigation law firm based in Birmingham, AL. We focus on personal injury, business litigation, mass tort, and class action cases. We possess the sophisticated legal skills, financial resources, and multi-layered support needed to take on the world’s most powerful corporations. Our team works hard to cut through the complexity, get to the heart of the problem, and win what matters the most.

What to Say to an Insurance Adjuster

 

by HGD Staff

So you have been involved in a motor vehicle accident, and you are hurt. You have gotten treatment in the emergency room, and you know your injuries are serious. You will no doubt have to spend months receiving physical therapy, or you may even need surgery. Within 24 hours of your traumatic event, you begin receiving phone calls from a friendly individual who asks about your injuries and expresses deep concern. He or she wants you to know that they will be doing everything they can to make sure you do not have anything to worry about. Maybe they offer to pay your medical bills; maybe they tell you they already have someone taking care of your car so it can be fixed. It can be very easy to see this person as a friendly source of relief.

 

But beware! This is an insurance adjuster. While many of them truly are wonderful people who mean well, it is important to realize their role in the claims process. First and foremost, do not answer any questions until you have spoken to a skilled Alabama injury lawyer. Here is what you should say to an insurance adjuster, if anything at all.

 

“Not Right Now”

 

You have been through a difficult and traumatic event. Whether you were a motorcyclist, pedestrian, driver, or passenger, chances are you are really shaken up. Now is not a reasonable time for you to be giving statements or being interrogated about the event. You need time to receive medical care, gather your wits, and make sure that you understand your rights. If an insurance claims adjuster begins asking you questions, be polite, but respectfully let them know that right now is not a good time. Then get off the phone.

 

“May I Have Your Contacts, So I Can Call Back Later?”

 

Another highly effective way to handle an insurance adjuster is to let them know that it is not a good time, but if they will give you the following information, you will happily be in touch shortly.

 

An adjuster will almost always be happy to provide the following information:

 

• The insurance company name
• The claim number
• The adjuster’s full name
• A direct contact number
• A good working fax number
• An email address, if they use one
• The proper claims mailing address to use if you need to send them something

 

Once you have these things, there is nothing more to say. Politely say good-bye and discontinue the call.

 

But They Offered to Pay for My Car

 

Yes, the adjuster may be asking questions in order to repair your car. However, conversation can quickly deteriorate into questions about your injuries and medical treatment. If the other driver’s insurance company is willing to fix your vehicle now, there is a pretty good chance they will still be willing to once an attorney contacts them. In fact, they are probably more likely to do so, as they know an experienced set of eyes is now watching them. Every state has a comprehensive set of regulations that control the manner in which insurance companies are required to handle claims. In Alabama, the insurance regulations dictate how long the insurance company has to respond to claims, pay valid claims and make property damage arrangements.

 

“I Would Feel More Comfortable if You Spoke with My Attorney”

 

Once you tell an insurance adjuster that you have an attorney, they should discontinue any attempt to speak with you or take your statement. They are legally required to direct their questions to your attorney instead. They will, however, insist that you tell them who your attorney is. Do not bluff or try to “fake” having an attorney. If you claim to have an attorney but do not have one, the insurance company may stop working on your claim until they hear from your attorney. If you do not have one, this can delay your claim and even hurt your case.

 

It is easy to get legal help after an Alabama auto accident or other type of personal injury. If you are getting calls from an adjuster, give Heninger Garrison Davis a call today. Our experienced personal injury attorneys can provide you with a comprehensive free case evaluation. If we agree to represent you, you will not need to call the adjuster back. Our attorneys will handle that for you in order to protect your interests.

JUULING is this century’s big tobacco

The war against Big Tobacco was a pivotal time in our history opening up the floor to take a closer look at the vaping and JUULing industry. For over half a century, countless lawsuits have been filed against tobacco companies involving smokers and their families. However, as the years pass, the lawsuits are evolving to include vape and e-cigarette manufacturers. 

Smoking, evolved

The most notable offender would be the e-cigarette manufacturer, JUUL Labs. The creators of JUUL set out to create a product to help people quit smoking but along the way have attracted the attention of non-smoking minors through targeted advertising and fruity flavors. JUUL is currently under fire for deceptive marketing to minors, creating nicotine addiction and aiding in other illnesses. And like the Big Tobacco lawsuits, people are taking notice.

The facts on beating big tobacco

Early lawsuits

Once evidence emerged on the correlation of smoking to lung cancer in the 1950s, plaintiffs began suing cigarette manufacturers. Most of these smokers, already suffering from lung cancer, came to the stand with multiple theories:

• Faulty Production – That tobacco companies were failing to produce adequate products. 
• Product Liability – That tobacco companies were advertising a product that was unfit for use.
• Negligent Marketing – That tobacco companies failed to warn their consumers about the risk of smoking cigarettes.
• Fraud – That they were sold a product that manufacturers knew would negatively impact their health.
• Violation of Consumer Protection Statutes – That tobacco companies utilized unfair and deceptive business practices.  

However, the tobacco industry fought back with a confident rebuttal – taking on each lawsuit individually and refusing to settle out of court. They too had a few strategies of their own, stating that:

• Tobacco was not harmful to smokers 
• Other unrelated factors contribute to lung cancer
• Smokers accepted any risk when they decided to smoke

Surprisingly, these lawsuits favored the tobacco industry and a great number of plaintiffs were ultimately defeated. 

The Introduction of addiction

In the 1980s, smokers began a new wave of lawsuits that targeted the tobacco industry. The landmark case of the time was Cipollone v. Liggett, where the plaintiff alleged that cigarette manufacturers knowingly concealed the knowledge that smoking caused lung cancer and that cigarettes were addictive. This was the first time that addiction has ever been brought up in a tobacco lawsuit. Around the same time, others came forward with similar suits and were unsuccessful. 

In defending themselves, tobacco companies argued that smokers knowingly accepted the risks of cancer and other health problems upon their decision to smoke cigarettes. 

A slow victory

In the 1990s, people were having some level of succeeding against the tobacco industry lawsuits, primarily because internal documents were leaked revealing that manufacturers were aware of the addictive qualities of tobacco. 

It wasn’t until November 1998 that the attorney generals of 46 states along with four of the largest tobacco companies agreed to settle these cases. This is now referred to as the Master Settlement Agreement. A few of the key highlights of this agreement are that:

• Tobacco companies refrain from certain advertising tactics, in particular ad campaigns that marketed cigarettes to children.
• Tobacco companies pay annual sums of money to the states involved to compensate for the increase of healthcare costs related to smoking.
• The settlement creates and funds the National Public Education Foundation, dedicated to reducing youth smoking and diseases associated with smoking.
• Tobacco companies dissolve three of the biggest tobacco industry organizations.

The first huge win against Big Tobacco was in February 2020, when Philip Morris was ordered to pay $51.5 million to a California smoker with inoperable lung cancer. 

Around the same time, more than 40 states sued tobacco companies under antitrust and consumer protection laws. They stated that their products contributed to a significant increase in health problems that in turn became costly for public health systems. This time, Big Tobacco companies were no longer able to deny that the consumer was aware of the risks – a tactic that worked so well for them in the past. 

The People vs. JUUL

Ongoing lawsuits

Since their inception in 2015, JUUL Labs has quickly become the dominating force in the e-cigarette industry, leading the pack with 70% percent of the nearly $2 billion market. For over a decade, smokers around the globe have been jumping on the e-cig train believing that it’s the “healthier” option compared to cigarettes. 

In April 2018, the Food and Drug Administration (FDA) ordered JUUL to provide them with documentation to help them understand the rates of youth use and the appeal their product has on minors. They also requested documents on JUUL’s design, safety research, and whether or not certain features were appealing to the younger age groups. 

The following month, multiple outlets began coming forward stating that JUULing has become an epidemic in high schools across the nation. The JUUL following was beginning to grow at an alarming rate, with teenagers coming to social media to brag about using the e-cigarette.

Adults began taking notice. JUUL has been under fire ever since for allegedly targeting their marketing efforts to the younger generation. With the growing trend of JUUL cigarettes, was this their intention all along? The investigation is just beginning.

Since the investigation began into the JUUL empire, there have been several measures implemented to keep the product out of the hands of minors, including changing the purchase age to 21, keeping the product off major sites like eBay and Amazon, and their standards for advertising.

How JUUL impacts minors

In addition to nearly double the nicotine and benzoic acid as other e-cigarettes, the consequences on the bodies of underage children are overwhelming. Smoking or vaping early in life kick starts the process of decreasing activity in the prefrontal cortex of the brain. This influences a person’s cognitive behavior, while increasing impulsivity and sensitivity to other drugs. It’s also known to hinder lung development if started during adolescence.

Researchers speculate that JUUL’s high-nicotine pods and marketing have been the culprit in undoing decades of anti-smoking gains. A recent federal survey shows 27.5 percent of high school students have used an e-cigarette in the past 30 days – a huge jump compared to last year’s 20.8 percent. According to the New England Journal of Medicine, one in nine high school seniors vape daily. 

Social changes

With the growing amount of publicity surrounding vape-related illnesses and death, people are taking a closer look at the consequences of e-smoking. Many states have increased the purchase age from 18 to 21, but there are other changes that are going to take some time. To view an updated list of social changes, click here.

How to file a claim against JUUL

If you believe that you or someone you know is a victim of JUUL products, please reach out to us. We are handling JUUL-related personal injury lawsuits at no cost to you. 

What could qualify you to file a claim:

• Addiction – with or without treatment.
• Any person, and especially high school or college students, who have been diagnosed with hypersensitivity pneumonitis, pneumonia or an eosinophilic pneumonia that required medical treatment including hospitalization. JUUL smokers can quickly develop a significant pneumonia that may require ICU care including mechanical ventilation. 
• Any person who has developed COPD or advanced asthma after using JUUL products.
• Any person that has a heart attack (myocardial infarction) after using JUUL products.
• Eligible applicants should have never smoked traditional cigarettes prior to smoking JUUL.

If this sounds like you, please fill out an online claim or call 1-800-222-9657 for a free claim evaluation. A member of our staff will reach out to you to discuss your options. You may be entitled to monetary compensation.

Join the Fight Against JUUL by Partnering with Heninger Garrison Davis

Heninger Garrison Davis is Alabama’s most prolific civil litigation law firm based in Birmingham, AL. We focus on personal injury, business litigation, mass tort and class action cases. We possess the sophisticated legal skills, financial resources and multi-layered support needed to take on the world’s most powerful corporations. Our team works hard to cut through the complexity, get to the heart of the problem and win what matters the most.

How to Protect Your Home During the Holidays

The holidays bring many risksto your home and family, such as winter weather, fire hazards, and theft. Protecting your home during the holidays is, therefore, important. Thiscan be as simple as keeping an eye out for obvious risks, such as icy walkways, taking steps to disguise being away from home, or eliminating or minimizing the risk of fire hazards.

By taking preventative measures to protect your home and those inside it, you will reduce the likelihoodof making insurance claims for losses or being exposed to liability for injuries to visitors.

Protect Your Home from Theft

Thieves or burglars use various techniques to identify target-rich environments. For example, they can peek through your windows or rummage through your trash to determine the value of your Christmas gifts. To reduce the risk of giving thieves a reason to target your home, you can shred store receipts and credit card bills, wait until garbage day to throw out the packaging for your gifts, and keep gifts away from your ground-level windows.

More sophisticated techniques employed by thieves include scouting your home via social media. Thieves will look for posts about travel plans and gifts to assess the risks and rewards of breaking into your home. Resisting the temptation to post about travel and gifts or delaying those posts until after the holidays can thwart attempts to electronically case your home.

When you do travel, you may want to invest in some anti-theft countermeasures such as home alarm systems and electric light timers. If your lights are on and your front window has security stickers of an alarm company, would-be thieves will think twice before breaking in.

Protect Your Home from Winter Hazards

Winter itself can be hazardous to your safety and those of your family, guests, and even your pets. Prepare for emergencies by assembling a disaster kit with a few days of supplies, including food, water, flashlights, and batteries. Remember to address everyone’s needs with your disaster kit by including diapers, pet food, and prescription medications for those who might need them.

Inspecting your home and yard periodically can also protect your home. Overflowing rain gutters can create puddles that freeze on your walkways and driveways. Similarly, tree branches that have been damaged by wind, snow, or freezing rain can break and strike your home, car, or unsuspecting visitors.

Under premises liability principles, you are required to take reasonable steps to discover any hazards and either warn guests or eliminate the hazard. Making a quick walkthrough of your property after a powerful storm can show that you acted reasonably if a hazard originating on your premises causes property damage or personal injury.

Protect Your Home from Fire

According to the National Fire Protection Association, fires originating from Christmas trees and holiday decorationsbetween 2013 and 2017resulted in about six deaths and 50 injuries annually. These fires also caused about $22 million per year in property damage.

To protect your home from fire, invest in smoke alarms and replace the batteries every six months. Moreover, purchase your Christmas tree in December rather than November to ensure that it stays fresh. Inspect your holiday light strands for any worn or broken wires and throw them away when the wires become exposed. Finally, extinguish open flames and candles when you are not at home.

How to Protect Your Home and Yourself

Although financial exposure to many of these hazards can be mitigated through home insurance, once deductibles are considered, prevention is often much less costly than being reimbursed for the loss. Worse yet, insurance claims for personal property may be subject to claim limits, particularly if you lack records to prove the value of the property. Finally, claims against your home insurance can cause your insurance premium rates to skyrocket.

Additionally, it’s worth repeating that you should take reasonable steps to protect your home against theft, fire, and weather-related hazards. This will mitigate the risk that your home will suffer a casualty. And if a dispute were to arise between you and your insurance company or a guest, your reasonable actions will help you to avoid bearing the blame for any personal injury or property damage.

If you have suffered a loss and have not been fully compensated by your insurance company, have been accused of negligence for an injury that occurred on your property, or suffered an injury on someone else’s property, you are welcome to contact us at Heninger Garrison Davis, LLC today to discuss your situation.

When is a Prescription Drug Manufacturer Responsible for Death or Injury?

According to WebMD, as of 2016, approximately 4.5 billion prescriptions are filled annually in the U.S. Likewise, the same source claims that as many as 1.3 million people go to the emergency room each year as a result of adverse reactions. As many as 124,000 people die each year from negative medication reactions, contraindications, and other drug-related problems. With so many injuries and deaths, it may seem like prescription medications are simply dangerous. How do you know when a drug manufacturer is to blame for making a bad drug or dangerous medication that caused harm to the public?

At Heninger Garrison Davis, we are constantly staying up-to-date on the latest in pharmaceutical laws and regulations. It is our goal to make sure all Americans are protected from unscrupulous drug manufacturers who rush products to market without taking the necessary legal precautions.

Recent Drug Lawsuits

 

You have probably heard of lawsuits against major drug companies in recent years. Maybe you even know someone who was injured or killed by a bad drug that had terrible adverse effects. Here are just a few of the recent drugs that have been involved in major litigation over dangerous and deadly effects:

• Actos
• Invokana
• Talcum Powder
• Taxotere
• Xarelto/Pradaxa
• Zofran

What Makes a Bad Drug Case?

 

Like all forms of personal injury, there are basic legal elements that must be proven in order to recover compensation for harm. In car accidents or slip and fall cases, the elements are largely the same as when suing a major drug manufacturer for developing a dangerous medication. However, the evidence and procedures necessary for success are extremely different and usually much more complex in a pharmaceutical injury case. In general, you must prove each of the following:

 

• That the company owed you (the general public) a specific duty
• That the company breached or violated that duty in some way
• That as a direct result of the company breaching its duties, you suffered an injury
• Your injuries resulted in losses, monetary or otherwise

 

Now, these are just the legal elements to prove. There are many things that must be shown in order to prove each. For instance, a drug manufacturer may ignore significant research that shows a risk that its drug could cause ovarian cysts and conceal this information from FDA inspections or skew data to make it look like a lower risk than what it really is. By doing this, it could mean that a dangerous medication hits the market and physicians, as well as patients, may not realize the true risks and dangers associated with taking the medication. While this is just one hypothetical example, scenarios like this happen all the time.

 

Why Would Drug Manufacturers Take Such Huge Risks?

 

Large pharmaceutical companies know that even if they get sued and lose significant verdicts, it is still more profitable to conceal evidence, hide research, and rush dangerous products to market. The profit incentive is just too enormous. Therefore, many drug manufacturers are willing to accept that their products are killing tens of thousands of innocent people because ultimately it makes them a lot of money.

 

But Don’t All Drugs Have Warnings?

 

Yes, but are they accurate and consistent? For many defective drugs, it is not so much the fact that a person was injured due to side effects, but rather, it is the fact that the side effects were known but never disclosed. If you were told that an anxiety medication had a 15% chance of causing minor abdominal bleeding, you may take that calculated risk. But if you were told that it had a 15% chance of causing fatal abdominal tumors, chances are you would be discussing alternative medications with your doctor.

 

Therefore, a “defective drug” lawsuit is not just about the fact that a drug was harmful to a group of people. A defective drug lawsuit is about holding companies accountable for depriving the general public of the information they needed to make informed choices about their own healthcare. Victims and their families are often left with terrible life-altering conditions to endure, including:

 

• Enormous medical expenses
• Pain and agony
• Emotional distress
• Repeated and painful medical procedures and surgeries
• Loss of income
• Permanent disabilities, surgical scars and disabilities

 

How are Defective Drug Cases Settled?

 

Because victims often live all over the country and may have claims against a drug manufacturer located in a different state, many cases are handled through something known as multi-district litigation (MDL). This is when various law firms in different parts of the company work together to represent clients in federal court cases involving claims brought in multiple federal jurisdictions.

 

At Heninger Garrison Davis, our attorneys are experienced with the process and procedure of taking cases before state and federal courts to obtain justice. If you need help fighting for compensation after suffering injuries due to a defective medication, or if you have lost a loved one due to a bad drug, call our firm today to schedule a completely free initial case evaluation with one of our experienced attorneys.

Understanding the Differences Between Car Accidents and Trucking Accidents

by HGD Staff

 Victims of motor vehicle crashes are often dismayed when they receive a denial letter from an insurance company. Worse yet, many victims are even denied by their own insurance companies after years of dutifully paying their insurance premiums. If this is happening to you, or if you have suffered injuries in a motor vehicle crash, you should not

put up with the unfair insurance tactics.

Trust the attorneys of Heninger Garrison Davis, LLC. With offices in New York, New Jersey, Alabama and Georgia, we have the resources and experience to tackle any size case. For those who have been hurt in accidents involving semi tractor-trailers and other large commercial vehicles, it is extremely important to understand the key differences between these large scale claims and your usual car accidents.

Severe Injuries

 

Perhaps the most notable distinction between a typical car wreck and a trucking accident is the extent of the injuries. Motor vehicle crashes in general have been increasing in frequency and are quickly approaching the top 10 leading causes of death among all Americans. As of 2015, the National Highway Traffic Safety Administration (NHTSA) reported that they ranked 13th among all causes of death but ranked seventh among younger Americans.

Over 36,000 people die in motor vehicle crashes each year, of which approximately 4,000 are due to large truck accidents. In 2016, there were 3,986 people killed by large truck collisions, according to the Insurance Information Institute. While trucking collisions make up a small percentage of the total accidents that occur, they result in a disproportionate percentage of the fatal crashes. Therefore, there are rarely “minor” injuries in truck collisions.

Different Defendants

 

A trucking accident will involve numerous potential defendants who may have conflicting interests in the case. In a typical two-car collision, both parties are regular people. They each may have a car insurance policy, they both have roughly the same resources and access to investigative tools. Both will contact their insurance companies, and they may each contact an attorney.

When a trucking company is involved, there may be numerous parties potentially responsible for causing the crash. These may include:

• Lumpers (people the driver hired to load the truck)
• Factories or warehouses where the truck was loaded improperly
• Mechanics who failed to properly fix defective equipment
• Truck or trailer manufacturers who incorrectly designed equipment
• The truck driver
• The trucking company
• Leasing company that supplied a truck or trailer

Complicated Evidence

 

In addition to all the possible parties at fault in causing the crash, there may also be more complicated evidence. In a typical car accident, there is a crash report, maybe some witness statements and photographs, and perhaps some data from the car’s crash recorder. In a trucking case, there can be a lot more information available, and it can be difficult to obtain unless you know where to look.

• Electronic crash data recorder (black box)
• Log books
• GPS data
• Qualcomm data
• Cell phone records
• Maintenance logs
• Bills of lading and shipping records
• Witness statements

 

Likewise, federal motor carrier standards apply to most interstate hauling companies, so there are many cases in which a driver was in violation of the federal standards. These regulations can be a bit complicated unless you are familiar with them.

Fast Action Required

 

Finally, you cannot take your time investigating a truck accident. Trucking companies often immediately launch an investigation. There have been cases in which the company had investigators and engineers on-site at the scene of the crash, already photographing damage, talking to police and witnesses, and trying to clean up debris. This is going on while you, as the injured person, are on your way to the hospital. Therefore, trucking companies already have a distinct advantage.

 

This is why it is important to work with skilled attorneys who can immediately begin investigating and working to preserve crucial evidence before it is destroyed or altered.

 

 

After a collision with a commercial vehicle, your first step should be to get emergency medical attention right away. Go straight to the hospital and let doctors evaluate your injuries. If you are able, contact a loved one and have them call an attorney right away. The attorney can begin quickly moving to gather evidence and preserve your rights. Once your injuries are stabilized, you will need to follow up on your medical care and do as your doctor recommends.

 

The earlier an attorney is involved, the better your chances of obtaining monetary compensation for your injuries. If you or a loved one have been hurt in a trucking accident, call Heninger Garrison Davis, LLC today. We offer private free consultations, and there is never any risk for calling because we do not get paid unless you do.

 

 

Suing for Verbal or Emotional Abuse in a Nursing Home

By HGD Staff

When most people think of nursing home abuse, they think of obvious and catastrophic physical injuries. In reality, there are a lot of different ways that a vulnerable senior living in a nursing home facility can be subjected to abuse. One of the most insidious and frightening ways that abusers can hurt residents is through verbal and emotional abuse.

So, what makes verbal and emotional abuse so terrifying and serious? In short, it is because the victim is trapped in an institutional setting, where the abuser may be their sole source of food, medical care, and even the source of medications necessary for survival. According to a 2000 report, 95% of nursing home residents polled stated that they had either been abused or witnessed abuse.

At Heninger, Garrison & Davis, LLC, our nursing home abuse lawyers are ready to fight to make sure vulnerable seniors are protected. If you believe a loved one is being abused in a nursing home, or you have lost a loved one due to poor medical care or neglect, you have the right to seek compensation for the injuries and loss. Call us today to speak with someone free of charge.

What is Verbal and Emotional Abuse?

Verbal abuse can take many forms, but at its core, it is using threats, hate speech, insults or ridicule in order to embarrass, shame, intimidate, or control another person. Here are a few common examples:

• A staff member gets frustrated at how frequently a senior needs toileting assistance and begins verbally insulting or making fun of the resident
• Out of frustration or just pure cruelty, a nurse threatens to withhold medications just to scare a resident
• A cleaning person uses racial slurs toward an elderly resident

While these are just a few examples, rest assured they have happened. Sadly, it can be difficult to identify the signs of verbal and emotional abuse.

A Nursing Home is Meant to be the Resident’s Home

When it comes to elderly nursing home residents, it is critical to understand that a nursing home is not the same as a hospital. It is called a nursing “home” for a reason. It is not a healthcare facility where the individual will spend a day or two then head home. Instead, nursing homes are also aptly called “long-term skilled nursing” facilities. A person goes to a skilled nursing facility for long-term rehabilitation or possibly a final admission during the end of life. There is an expectation that the facility – in particular the resident’s room – will be treated as a private space akin to a home. In fact, it is more than an expectation; federal law guarantees it.

Nursing Home Resident Rights

Under federal regulations, a resident has a right to privacy in his or her own room and the right to a home-like environment. Many states add additional rights in order to guarantee that a mistreated resident will have adequate legal options if their rights under the law are violated.

How to Recognize the Signs of Verbal and Emotional Abuse

A senior living with constant abuse may act in ways that do not always make sense at first. Here are a few major red flags to watch for:

• Some residents become withdrawn or tell family members not to visit. This can seem counterintuitive because one would expect a resident to want protection and comfort from loved ones. However, feelings of shame, frailty, and embarrassment can cause a senior to avoid contact with loved ones. Likewise, if staff are threatening the senior, he or she may simply seek to avoid situations that seems suspicious to the staff.
• Refusing Food or Medicine. Another strange but common warning sign is a physical manifestation of withdrawal. In addition to avoiding loved ones, the senior may in fact choose to stop medical care or cease eating, socializing, or rehabilitation efforts. In some cases, this is a deliberate form of suicide. In other instances, it is an unconscious attempt to remove the painful stimuli by simply not asking for things. In this resident’s mind, if he or she does not ask for things, the staff will have no reason to continue the abuse.
• Abnormal Behavior Around Certain Staff. If your loved one becomes guarded or visibly disturbed when a specific staff member is around, this could be a sign of abuse.

What to do About Abuse

Ultimately, you have the power to put an end to abuse. If you suspect abuse, you should report it to your state’s elder abuse hotline. It must be posted in the facility. You can report by phone or via e-mail and letter. Here are a few for your reference:

 

New York       Abuse Hotline             (888) 201-4563           (available 24/7)

 

New Jersey   Abuse Hotline               (800) 792-9770           (available 24/7)

 

Georgia           Abuse Hotline             (866) 55-AGING        (M-F 8:00am – 5:00pm)

 

Alabama          Abuse Hotline             (800) 356-9596           (M-F 8:00am – 5:00pm)

Next, call Heninger Garrison Davis to speak with an attorney for free. We can help you better understand your rights and options. In many cases, an abused senior may have a right to compensation. If your loved one has died, and you suspect abuse may have played a role, then his or her estate may be entitled to compensation, as well. Give us a call to discuss your concerns today.