Archive for the ‘Law Firm News’ Category

Giddens Law Firm honored as Law Firm of the Month

Tuesday, July 3rd, 2012

In the Premier Issue of Attorney at Law Magazine of Mississippi the Giddens Law Firm was honored as law firm of the month.

Article on the Giddens Firm in Attorney At Law Magazine. Jackson, MS

Click to see a full pdf version of the Attorney at Law Story.

The text of the article written by Lalaena Gonzales-Figueroa is below.

From the onset, conversation with attorney John Giddens
is an easy exchange that winds at a comfortable pace.
An accomplished professional whose personal injury
practice eschews the new trend of high-volume and impersonal
firms, Giddens reveals that his approach is one that consistently
yields results – both inside and outside of courtrooms.

“Our small staff facilitates clear and concise communication,
and I maintain a personal presence in each case I represent,” he
reveals. “I’m hands-on. My clients know that when they work
with my firm, they will receive vigilant and professional care
that is tailored to their cases and their needs.”

Giddens, who earned an undergraduate degree in business
management from the University of Mississippi in Oxford, had
the makings of a successful attorney at an early age. “My brother,
who was in law school, suggested I’d make a good candidate. I
became interested in understanding what the practice of law
was all about,” he recalls. “I was fortunate to test well on the
LSAT and went on from there.”

His humility is unwavering as Giddens details his success
in law school. “It became evident to me that I was able to
easily grasp the concepts that drove our courses,” he says. “I
enjoyed law school and felt that it was a natural fit for me.”
Upon graduation, that natural skillset caught the attention of a
number of regional firms. Giddens became a highly recruited
candidate and went on to clerk at large firms in New Orleans,
Memphis and Jackson.

His early trial experiences could be torn from the pages of a
feel-good novel. A young attorney with a notable courtroom
presence, Giddens was offered the enviable opportunity to act
as lead counsel with the financial support and resources of an
established and accomplished firm. “My first trial was held
at a federal courthouse,” he recalls. “I was introduced to the
information and given the liberty to spend what I needed in
order to build my client’s case.” With an uncommon level of
control over his cases, Giddens thrived. “I started to really take
pleasure in the process of establishing a case and presenting it
–and my clients– to juries,” he says. He facilitated consistently
successful outcomes thanks to his dogged perseverance and his
empathetic courtroom approach.

Those accomplishments were earned, though Giddens often
defers to a sort of luckiness in his professional endeavors.
Trying malpractice cases against seasoned attorneys and
established medical professionals might be a daunting prospect
for some, but Giddens handled each case with a sense of urgency
and dignity, as well as an innate desire to excel. “There were
times when I was arguing cases against attorneys, discussing
procedures that I had never seen,” he says. “Conquering some
of those early cases was like climbing Mount Everest.” And he
earned a spot at the summit of his profession, garnering some
of the largest medical malpractice verdicts of their times in
cases along the Mississippi Coastal region.

Giddens refined his professional focus when he launched his
boutique firm, which today primarily handles personal injury
and mass tort cases. Representing individuals and families
impacted by untimely death and catastrophic injury requires
exceptional knowledge and solid casework, along with an
ability to effectively connect with and share his clients’ stories.
Giddens excels in this arena, and his commitment to doing so
has driven the way his business is run.

Accepting Wreck, Injury and Death cases in Jackson, MS.

Giddens explains, “My practice limits legal representation
to a small number of serious personal injury and death claims
each year. This allows us to better focus on each client’s unique
needs, to provide those clients with immediate attention and to
ensure that each case is attended to with a sense of urgency and
purpose.” When cases have been completed the firm solicits
a rated response from each client, and strives to incorporate
feedback into their practice procedures. “As many of our clients
come to us through attorney referrals, we understand the
critical nature of providing them with a positive, professional
experience,” Giddens remarks. “Our ratings show that clients
are consistently pleased with the service and representation that
we provide.”

John D. Giddens Law Firm is known for its exceptional
case preparedness as well as the utilization of cutting-edge
technology. The investment in time and resources, states
Giddens, is a must when handling high-stakes personal injury
cases. During the course of one notable medical malpractice
trial, his plaintiff ’s brain injury was being questioned by the opposing
counsel, whose surveillance video seemed to show
a plaintiff with all facilities intact. Giddens was resolute in
his efforts to prove the plaintiff ’s very real physical damage.
In addition to garnering expert witness testimonials from
neuropsychologists from New Orleans and Texas, Giddens also
provided the jury with an animated –but very lifelike– video
craniotomy. “The process was incredibly intricate,” he recalls.

“Jurors witnessed firsthand the process of the craniotomy,
including hair removal, the opening of the skull to expose dura
and then brain matter, and the removal of pieces of the brain.”
The animation, he asserts, helped the jury to truly grasp the
magnitude of the plaintiff ’s situation. And the virtual reality
made a tremendous impact. Giddens notes, “One juror actually
raised his hand and asked to be excused, because he was going
to be physically sick from observing the simulated craniotomy.”
In addition to personal injury cases, Giddens and his
associate attorney, Baskin L. Jones, have also become involved
in select mass tort cases. The firm continues to represent oyster
fisherman in cases against BP, and is working with former
players of the National Football League as they embark upon
litigation against the NFL for issues pertaining to head trauma
and brain injury. Though these will become part of a mass tort,
Giddens explains that his clients will benefit from his firm’s
ongoing and attentive care. “We will continue to partner with
larger firms, while maintaining direct communication with our
clients,” he says. “Our relationships with clients are cultivated
and respected, and we ensure that they maintain a connection
with the firm they hired.” This commitment to personalized
representation is critical, explains Giddens, because while
clients may opt to become part of a larger case, they remain
individuals with very distinct stories. “Each player I’ve met is
dealing with a unique spectrum of problems related to head
injuries,” he asserts. “We view everyone as his own person with
his own needs.”

Managing a sense of client individuality within the
parameters of the mass tort process requires diligence and
purpose; Giddens and his firm maintain direct communication
with the appropriate steering committee or subcommittee
members if they aren’t involved on those boards themselves.
Giddens, who is an active member of the American Association
for Justice, has established solid collegial relationships with
leading attorneys across the country. These connections
become invaluable threads in the fabric of complex consumer
litigations, ensuring that his clients are not set adrift in a sea of
anonymity throughout the process.

John D. Giddens Law Firm’s dedication to the long-term
well-being of clients is highly evident in the firm’s commitment
to coordinating structured settlements. “Time and again, we
see clients come into cash amounts that are quickly spent,”
Giddens observes. “This is money that should last them the
rest of their lives, to help them overcome often debilitating
injuries and events. While they make their own decisions
on how to manage their money, we try to work with them to
ensure that their best interests are driving their financial plans.”
Understanding clients’ needs comes from a deeper knowledge
of who each individual is. Giddens and his associate make
home visits, a critical component, he says, of establishing a
case. “Before every trial, whether it’s a small matter or the
largest case you’ve handled, an attorney must spend a few
days with his or her client, looking at photos and learning
how they live. Then you can talk to a jury and say with
confidence, ‘This is who my client is.’”

Giddens, at once enigmatic and unassuming, looks
forward to continuing to work with individuals in need. “I
appreciate the opportunity to assist people who have been
harmed, who require assistance in achieving resolution,”
he says. “Every case, every trial is a chance to make a
positive impact on an individual’s life.” It’s a challenging
profession, but Giddens faces each impasse with polish
and determination, consistently offering skillful and
knowledgeable representation.

NFL Concussion Litigation News Update

Wednesday, June 13th, 2012

Quick updates: John Giddens was featured on America’s Radio News a few days ago discussing these claims. Click here to listen to the interview.

We have launched a new website dealing with all areas of sports law. Prosportlaw.com If you have a legal need of any sort this site will be a great source of information for you.

Claim Updates

A Master Complaint has been filed in the United States Federal District Court in Philadelphia, PA. Short Form Complaints are due next week for former players that have counsel.

The general allegations applicable to all counts against the NFL Defendants are packaged under 9 different discussion points. They are:

1) The NFL’s Influence
2) The NFL Has Mythologized Violence Through the Media
3) The NFL Markets and Glorifies Football’s Violence Through NFL Films
4) Head Injuries, Concussions, and Neurological Damage
5) The NFL Was and Is in a Superior Position of Knowledge and Authority and Owed a Duty to Players
6) The NFL Knew the Dangers and Risks Associated With Repetitive Head Impacts and Concussions
7) The NFL Voluntarily Undertook the Responsibility of Studying Head Impacts in Football, Yet Fraudulently Concealed Their Long-Term Effects
8 The Congressional Inquiry and The NFL’s Acknowledgement of the Concussion Crisis
9) The NFL’s New Committee

There are 13 counts under law against the NFL. They are:

COUNT I: ACTION FOR DECLARATORY RELIEF – LIABILITY
COUNT II: MEDICAL MONITORING
COUNT III: WRONGFUL DEATH AND SURVIVAL ACTIONS
COUNT IV: FRAUDULENT CONCEALMENT
COUNT V: FRAUD
COUNT VI: NEGLIGENT MISREPRESENTATION
COUNT VII: NEGLIGENCE: PRE-1968 CONDUCT OF THE NFL
COUNT VIII: NEGLIGENCE: POST-1968 CONDUCT OF THE NFL
COUNT IX: NEGLIGENCE: CONDUCT OF THE NFL (BETWEEN 1987 AND 1993)
COUNT X: NEGLIGENCE: POST-1994 ONDUCT OF THE NFL
COUNT XI: LOSS OF CONSORTIUM
COUNT XII: NEGLIGENT HIRING
COUNT XIII: NEGLIGENT RETENTION

There are 4 Counts under law against Riddell reagarding the “Duty to Protect Against the Long-Term Risk of Concussions.” They are:

COUNT XIV: STRICT LIABILITY FOR DESIGN DEFECT
COUNT XV: STRICT LIABILITY FOR MANUFACTURING DEFECT
COUNT XVI: FAILURE TO WARN
COUNT XVII: NEGLIGENCE

There is one count against all Defendants. It is:

COUNT XVIII: CIVIL CONSPIRACY/FRAUDULENT CONCEALMENT

If you are a former player, you may contact us for additional information and the latest updates about your rights under this litigation. Our sports legal center may be contacted by visiting prosportlaw.com or by calling our office at 888-335-2022.

NFL Concussion Settlement

Tuesday, April 24th, 2012

The NFL Concussion Settlement is nearing its “Effective Date” the date when the settlement finally begins going into action.

We thought highlighting some of the pitfalls of the Concussion Settlement, and its requirements may help players avoid costly mistakes and seek to provide some of this information in this entry, but will also be happy to discuss the settlement at any time at 888-335-2022 or 601-355-2022.

  • The NFL Settlement process will provide testing by physicians that the NFL had a hand in selecting.
  • The NFL will provide a Baseline neuropsychological testing in the settlement which will show any symptoms as they stand today, but will not monitor progression of diseases after the initial test
  • The NFL testing is for a limited period of time either 2 years (for age 43 and over) or 10 years (for under age 43)
  • The NFL will deny deficient claims in the concussion settlement
  • The NFL will appeal some players’ diagnoses/claims in the settlement
  • The NFL does not pay players travel costs for testing.

For these reasons we have provided additional information about the Players First Program. Read more here. And also are now accepting new NFL concussion claims clients. Read more here.

The Giddens Firm is in no way associated with the National Football League.

A Picture is Worth a Thousand Words

Monday, February 13th, 2012

In many of the cases we work on we try to paint a vivid picture of the negligence that caused the injury, or show what should have been done but was not. In some of our recent personal injury and wrongful death cases illustrations and photographs have made all the difference in the outcome of the case.

An easy entrance or exit to the premises

In one recent wrongful death case we represented a young man who was fatally shot simply going from his car into his apartment. The complex was gated but had a rusty opening that allowed thugs to lurk on the premises. John drove to the property and photographed the gate while several of the thugs approached his car. The photo was part of our strategy which ended up winning the case. This is the kind of representation and personal attention that everyone deserves.

2011 Personal Injury Cases in Review

Wednesday, December 28th, 2011

2011 has been a busy year, and we would like to give you a look into our success over the past year.

18 wheeler litigation.
In one instance we downloaded ECM black box data to determine the speed breaking and other driving factors applicable to an accident causing critical injuries to our clients. Securing the offending 18 wheeler, requiring the Defendant Company to preserve it as evidence, and allowing our team of experts, including the attorneys personally climbing into the cab and finding evidence of speeding tickets and other evidence was extremely useful and obtaining the substantial and well deserved settlement for our client.

Car Wrecks.
You think car wrecks are run of the mill? We handled a disputed liability case where the driver of a company van lied about the way the accident occurred. On January 19, 2012 we were able to obtain a verdict for our client well over three (3) times what was previously offered on the underlying insurance company. We take very seriously our responsibility and duty to obtain justice for accident victims injured in crashes. We are not afraid to take these cases to trial and have a winning track record.

Medical/nursing negligence.
Recently we handled two cases of negligence directed against nurses. In the first a settlement was obtained for this child and the funds preserved for his future education, rehabilitation and care. In the second nursing case involved a nurse who injected a medication intravenously that should have been injected intramuscularly causing our client to slip into a coma. The client recovered, but was never the same. The client later died and the family pursued this case and was able to obtain a modicum of justice for the pain and suffering endured by their loved one.

Inadequate Security.
The firm handled the case of a young man who worked hard with his father in a construction company only to be gunned down in a robbery at his apartment complex. Feet on the ground investigation by the attorneys handling the case uncovered a suspected drug ring operating within the confines of the apartment complex which had an escape hatch – a section of fence missing in the back of the complex. Uncovering and photographing this nuance helped the family secure a substantial settlement from the insurance company for the apartment complex. We are hopeful management took notice and repaired the fence stopping the criminals access to escape.

Bicycle death case.
The firm recently handled a case involving a death of a bicyclist. The firm has been active in lobbying efforts to give bicyclist more rights under Mississippi Law. Currently, under Mississippi Law, bicyclists have an equal right to the road. The firm has extensive experience representing cyclists in bicycle/motor vehicle collisions handling the most significant injuries and death cases throughout the state.

Recall on Tampons which potentially cause toxic shock syndrome

Monday, November 21st, 2011

URGENT–

Recently Kotex Tampons recalled about 1,400 cases of Kotex Tampons do to the risk of infection due to the bacterium Enterobacter sakazakii in the raw materials used in manufacturing the tampons. The bacteria can cause infections and lead to health risks including urinary track infections, septic shock,  pelvic inflammatory disease and other life threatening illnesses.

Recall on Boxes of Kotex Natural Balance Security Tampons

The recall is on 18-count and 32-count boxes of Kotex Natural Balance Security Unscented Tampons of Regular Absorbency. The recalled boxes have a SKU code with 15063 or 15068 as the last five digits of the barcode.

The recalled tampons were sold at Wal-Mart  in Iowa, Kansas, Missouri, New Mexico, Texas and Nebraska and Fry’s stores in Arizona and Smith’s stores in Utah and Arizona.

If you have a box of these tampons in your possession, stop using them immediately and consult a physician. If you believe that you have been injured by these products, contact our Firm at 601-355-2022 for a free consultation about your injuries.

Product Recalls

Thursday, October 27th, 2011

Here at John D. Giddens P.A. we will keep you updated on recent product recalls and provide you with enough information to identify the products even if you don’t remember the exact model number.

This week we have three recalls and reasons:

1. Big Lots Recalls Glider Recliners with Ottomans Due to Entrapment and Finger Crushing Hazards, http://www.cpsc.gov/cpscpub/prerel/prhtml12/12019.html

 

Big Lots Glider Recliner
Recalled

These recliners which were sold at Big Lots have been recalled. If you or a loved one owns these chairs seek out more information on returning them.

An exposed gap between the moving parts of the chair and the base framework can allow access to toddlers and infants, posing an entrapment hazard. In addition, other exposed moving parts on the chair and the ottoman can pose finger pinching and crushing hazards to older children and adults.
2. Evergreen Enterprises Recalls Pourable Gel Fuel Due to Burn and Flash Fire Hazards,http://www.cpsc.gov/cpscpub/prerel/prhtml12/12020.html

Evergreen Enterprise Fireside Pourable Gel Fuel
Recalled

The pourable gel fuel can ignite unexpectedly and splatter onto people and objects nearby when it is poured into a firepot that is still burning. This hazard can occur if the consumer does not see the flame or is not aware that the firepot is still ignited. Gel fuel that splatters and ignites can pose fire and burn risks to consumers that can be fatal.

UPC 746851581199 or 746851581205

3. General Electric Recalls Gas Rangetop with Grill Due to an Explosion Hazard,http://www.cpsc.gov/cpscpub/prerel/prhtml12/12021.html

General Electric Grill Explosion Hazard
General Electric Stovetop Explosion Risk

Burners on Rangetops operating on liquefied petroleum (“LP” or propane) may fail to ignite or light if the gas control knob is left in a position between OFF and LITE, posing a risk of delayed ignition or explosion.

Brand Model Number Begins With: And Serial Number Begins With:
Monogram® LP Model
ZGU364LRP
ZGU484LGP
ZGU486LRP
Natural Gas Model
ZGU364NRP
ZGU484NGP
ZGU486NRP
AS, AT, AV, DS, DT, DV, FS, FT, FV, GS,
GT, GV, HR, HS, HT, HV, LR, LS, LT,
LV, MR, MS, MT, RR, RS, RT, SR, SS, ST,
TR, TS, TT, VR, VS, VT, ZR, ZS, ZT

 

 

Rose Cancer Center

Friday, September 23rd, 2011

Updated

JACKSON, Miss. — A cancer doctor stood shackled before a federal judge Wednesday and pleaded not guilty to charges of stealing millions of dollars from Medicaid and Medicare by diluting chemotherapy drugs and reusing old needles on multiple patients.

Dr. Meera Sachdeva, the 50-year-old founder of Rose Cancer Center in Summit, said little other than to answer the judge’s questions during the brief hearing in U.S. District Court in Jackson.

Read the rest of the story here.

If you or a Family Member were treated by Dr. Meera Sachdeva, in Summit, MS please call our office. There is reason to believe that many of her patients were subjected to medical treatment that was negligent and amounts to Medical Malpractice. John D. Giddens P.A. would be glad to speak with you at 601-355-2022. If a 601 number is long distance for you, feel free to dial our toll-free number 1-888-335-2022. The call is free.

The types of dangers presented to patients who have had their chemotherapy drugs diluted. The most extreme form of treatment for cancer is chemotherapy, and the thought that those patients who are undergoing this life-saving treatment are being shortchanged and injured because a doctor is selling their chemotherapy treatment to another is unconscionable.

Also the thought that these same patients are being administered drugs by their doctor with a shared needle. HIV and Hepatitis B & C are blood borne and could be transferred from patient to patient by sharing needles. This risk of reusing needles is needless and shocking given that hypodermic needles can be obtained for less than a dollar.

Almost as troubling as sharing needles and the dilution of cancer medications at Rose Cancer Center is the fact that there may be other types of medical negligence and malpractice at Rose Cancer Center that we are still unaware of. For this reason we urge you that if you or a family member treated at Rose Cancer Center that you contact us at 601-355-2022. If a 601 number is long distance for you, feel free to dial our toll-free number 1-888-335-2022. The call is free.

Here at John D. Giddens, P.A. we handle complex personal injury cases, and we look to help our clients in their efforts to seek Justice.

How Personal Injury Cases Set the Rules for Our Society

Monday, June 6th, 2011

Many of the cases that we take are a result of businesses not doing the work that is required to protect the people that they serve.

Every business should have proper processes and procedures to protect citizens from foreseeable hazards and personal injury:
18-wheeler companies should have strict policies about what happens when their drivers speed.
Local businesses should keep their premises safe and free from obstacles for their patrons.
Doctors should follow the common sense rules of medicine in order to preserve their patient’s lives.
Manufacturers should make their products well so that they do not break and injure the consumer.
Drivers should keep a proper lookout for bicyclists who share the road with them.

If they do not often the following injuries may sometimes occur:
When drivers of 10 ton 18 wheeler trucks speed, wrecks are more likely to occur.
When places contain obstacles or are not well maintained, trips or slips and falls sometimes occur.
When Doctors do not follow the standard of care in medicine, death of the patient sometimes occurs.
When products are not designed well or fail in use, consumers are injured by defective products.
When drivers fail to keep a proper lookout in their car, bicyclists are involved in an accident with a car.

Unfortunately, it often takes an injury or death to change the way that businesses feel about an “acceptable loss.” Here at John D. Giddens Law Firm we are committed to making our community a safer place by holding companies who break these common sense rules accountable for the personal injury and wrongful death they inflict.

We recently finished a trial on a wrongful death case that occurred in the Jackson area. In the case a patient was in a wheel chair that was strapped down inside of a van.  Some nursing homes and assisted living facilities do not have adequate training or procedures on how to secure wheelchairs in transport vans that are used everyday to move patients. In this particular case the van hit a bump and stopped abruptly catapulting our client forward in her chair and mortally injuring her.

Sometimes it takes a case like this to emphasize the necessity of simple safety precautions. Our community is a safer place for patients being transported in a passenger van. This is as a result of the loss endured by one family and John D. Giddens Law Firm’s efforts in making it strikingly clear to the nursing homes and assisted living facilities that they must make sure that patients are strapped in properly to their wheelchair and that the wheelchair is strapped properly to the Van before they begin a trip.

If you have a loved one who is transported in a passenger van frequently, we would recommend asking about the facilities safety policies and safety procedures for their patients. Often you will find the businesses are happy to oblige, and you can have some peace of mind for the safety of your loved one. Hopefully you will find safety measures and safety procedures in place that will prevent another traumatic accident leading to wrongful death from happening again.

John D. Giddens Law Firm will continue to fight for the little guy, and to make sure that companies follow the standard of care that we as a community expect. Often this takes time and the cases are woeful ones, but we believe in our community and want to see it free of personal injury, wrongful death, broken products, defective products, medical malpractice, and 18 wheeler wrecks.

McBroom v. Massengill Trial

Wednesday, June 1st, 2011

While the jury found that Massengill did not use excessive force when he shot Zeta in the back, through his windshield. The John D. Giddens Law Firm has appealed the findings of the lower court and looks to the 5th Circuit Court to review whether the jury should have been given confusing and prejudicial information. Read on for an account of how this played out at trial, and we will keep you updated with the appeal process.

The jury sent out a note about an hour and a half into deliberations asking for a copy of Zeta’s guilty plea, which had not been introduced into evidence.  It was clear during the course of the trial Zeta had no choice but to plea to whatever deal she was offered or face a potential 20 years in prison for aggravated assault on a police officer.  The district attorney’s office in Harrison County pushed for her to plea to a felony disorderly conduct, a strategy which looked as though helped benefit the county in the civil litigation.  Zeta would have pled to whatever was offered to be able to return home to her kids – whatever the language in the plea.

We are working with our webmaster to bring to you a link to the video showing Zeta being knocked down and dragged around the Harrison County detention center on October 30, 2005.  Check back with us over the next couple of days.  This is the reason why she was scared to pull over for the Harrison County deputies attempting to stop her.  The jury heard none of this information, only that she had been drinking at the time and was scared of the police officers and scared of going to jail.  In our mind, her fear was rational because in February of 2006, these same four jailers who beat Zeta McBroom in October, were involved, and served time in connection with the beating death of Jessie Lee Williams.

We believe the jury should have been told Zeta had a legitimate reason for not pulling over the night she was shot.  The Payne era jail beatings made the public, and Zeta in particular, fearful and distrustful of the police.  She would not allow herself to go back to that jail to be abused and beaten again.  She was told by the same sadistic jailers that if she ever returned, she would surely die.

The people who are most surprised by the jury’s verdict are the people that lived out there on Beulah Church Road and eye-witnessed the entire shooting incident and testified how the police opened fire on Zeta as she was merely trying to back out of a ditch.  This story is completely different than what the police claim to have occurred.  It is always been our contention that Sergeant Massengill opened fire on Zeta after she bumped into his car and was driving away down a dead-end street.  The evidence supported this.

The Sunherald Article and Comments By Concerned Residents

Related Cases


See More Details Here: http://volokh.com/posts/1155052247.shtml