Sachdeva Sentencing in Rose Cancer Rescheduled

September 27th, 2012

A federal judge has rescheduled the sentencing hearings of Dr. Meera Sachdeva, Brittany McCoskey and Monica Weeks until November 16, 2012. The hearing will be before Judge Jordan in the U.S. District Court in Jackson.

Dr. Sachdeva plead guilty July 13 to one count of health care fraud and two counts of making false statements.

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Mississippi Nursing Home Neglect Attorney John D. Giddens

September 18th, 2012

The Giddens Law Firm has a history of success in nursing home cases. Our firm has recently started investigating Emeritus Senior Living’s Assisted Living and Memory Care Departments at its facilities in Mississippi and other states. Emeritus’ Memory Care Departments care for elderly persons with Alzheimer’s or dementia.

Indications of poor care include falls, injuries, attacks by other residents, chemical sedation, unexplained weight loss and elopement. If a member of your family was not provided the promised care, contact our firm.

We are actively reviewing these cases in Mississippi and across the United States.

More on Emeritus

Emeritus Senior Living (NYSE: ESC) is a corporation which provides nursing home, assisted living, and Alzheimer’s care around the United States. The company was incorporated in Renton, Washington in 1993 and is headquarted in Seattle, Washington. Emeritus became a publicly offered stock on the American Stock Exchange in 2007 and in 2008 moved to the New York Stock Exchange where it is currently traded.

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Outside the Lines: Concussion Litigation Spot

August 15th, 2012

Below is a recent story which appeared on Outside the Lines about Concussions in the NFL. The story deals with undiagnosed concussions and their ongoing repercussions for players, their families and their memory.

We will keep you updated on any and all updates in the NFL Concussion Claims. If you would like more information go to http://prosportlaw.com/ of you can find more information right here on MSverdict.com.

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Battery, Assault and other intentional acts

July 26th, 2012

Mississippi has very good civil case law for cases involving injuries caused by battery and other intentional torts. For instance, in most cases where an injury has occurred and negligence is alleged the case will come down to a final determination by the jury of if the Defendant was negligent but also how much the claimant and other defendants contributed to the injury, but in intentional torts the contribution aspect drops out completely because of the difference between negligent and intentional actions. This is based on a strong line of Mississippi cases summarized in Graves v. Graves, 531 So.2d 817 (Miss. 1988).

The authorities in this state and elsewhere are unanimous in declaring that the defenses of contributory or comparative negligence have no application to cases of intentional tort such as assault and battery. “The doctrine of contributory negligence does not apply to an action to recover damages for an assault and battery.” 6 Am.Jur.2d Assault and Battery § 153 (1964). “Where the defendant’s conduct is actually intended to inflict harm upon the plaintiff, there is a difference, not merely in degree but in the kind of fault; and the defense never has been extended to such intentional torts. Thus [contributory negligence] is no defense to assault or battery.” Prosser & Keeton, The Law Of Torts, 462 (5th ed.1984). See Jackson v. Brantley, 378 So.2d 1109, 1112 (Ala. App. 1979) (“It is elementary that contributory negligence is no defense to an intentional wrong.”).

Graves v. Graves, 531 So. 2d 817, 820 (Miss. 1988)

This brings up interesting questions as to what will be admissible into evidence if there is to be no argument of comparative fault by the Defendant. Evidence of most wrong acts of the claimant up until that point or other bad decisions should be excluded because they would not be relevant under MRE 401 because they do not tend to make a fact that is of consequence more probable or less probable and should be found to be irrelevant and excluded. Even if this evidence is found to be relevant, then it has a high probability of being used in an unfair way by the jury and should be filtered by MRE 403.

There may be times at trial that these issues should be brought up in an intentional tort. These times would include in arguing for a valid defense such as self defense or in the punitive phase of trial, but a court would be well within its power to nip these lines of inquiry in the bud because of MRE 402 and 403.

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Sleeping 18-Wheeler Drivers and Distracted 18-Wheeler Drivers

July 10th, 2012

We see wreck cases at an alarming rate where one of the drivers was distracted or so fatigued that they could barely keep their eyes open. It is scary enough that the average driver is in control of a 2,000 to 4,000 pound vehicle but it is terrifying to think that an 18-wheeler driver is fatigued or looking at his cell phone screen when he is driving an 18-wheeler rig weighing in at 80,000 pounds and traveling 70 miles per hour.

Drivers of 18-wheelers are required to log their hours on the road compared to hours of sleep. This information is very important in any 18-wheeler case to show how long a driver had been up and when or where the last place he got a good nights sleep was. Without this rest these 18-wheeler owner operators become dangerous on the road.

Also many states require that drivers of any sort use hands-free cellular devices or not use cell phones at all while driving. It has been shown that the kind of distraction caused by cell-phones or on-board computers leads to slower reaction times and more crashes.

The video below shows a cbs news story on distracted driving.

New advocacy groups similar to Mothers Against Drunk Driving will seek to raise awareness about the dangers of texting while driving or distracted driving. These activities are especially dangerous when the driver is driving an 18-wheeler. Since the advent of MADD drunk driving related deaths have dropped 50 percent. A similar awareness and change is absolutely necessary in distracted driving and fatigued driving. Some studies have determined that reaction times for drivers take at least a second longer when they are using their cell phone or texting. This can translate to it taking 20 to 40 feet longer to stop, which often causes wrecks.

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Giddens Law Firm honored as Law Firm of the Month

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.

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NFL Concussion Litigation News Update

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.

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Concussion Symptoms

May 10th, 2012

Few injuries need to be considered and watched as carefully as a concussion or impact to the head. Athletes playing Football, Rugby or even Soccer are at increased risk for concussion and the symptoms should be watched very carefully.

According to Mayoclinic.com the following concussion symptoms can last for days, weeks or even longer after a concussive brain injury:

-Headache or a feeling of pressure in the head
-Temporary loss of consciousness
-Confusion or feeling as if in a fog
-Amnesia surrounding the traumatic event
-Dizziness or “seeing stars”
-Ringing in the ears
-Nausea or vomiting
-Slurred speech
-Fatigue

Some of the symptoms of concussions may be immediate or delayed in starting by hours or days after injury:

-Concentration and memory complaints
-Irritability and other personality changes
-Sensitivity to light and noise
-Sleep disturbances
-Psychological adjustment problems and depression
-Disorders of taste and smell
-Symptoms in children

If you or a loved one begins experiencing any of these symptoms after an impact to the head it is important that you seek medical attention and if the symptoms worsen or persist it may be a sign of substantial injury.

In Children

Head trauma is very common in young children. But concussions can be difficult to recognize in infants and toddlers because they can’t readily communicate how they feel. Nonverbal clues of a concussion may include:

-Listlessness, tiring easily
-Irritability, crankiness
-Change in eating or sleeping patterns
-Lack of interest in favorite toys
-Loss of balance, unsteady walking

If a child receives anything more than a light bump it is recommended to get them checked out by a doctor.

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Stroke Information / Emergency Rooms in Mississippi

May 3rd, 2012

Giddens Law Firm wants you to know when you go to the Emergency Room in Mississippi, you should arm yourself with the information that is available about stroke. The below information will help make you and/or your family a patient advocate. Some of the issues that we have come across involve ER physicians and nursing staff failing to respond to the signs and symptoms of stroke. Here are some facts you should know prior to entering the Emergency Room about stoke:

• Not all ER are designated as a certified stroke center. The following hospitals in Mississippi are:
1. Memorial Hospital at Gulfport
2. North Mississippi Medical Center
3. Forrest General Hospital
4. St. Dominic’s Hospital

• There are two types of stoke, hemorrhagic – which involves a bleed and ischemic – which is caused by an occluded or blocked blood vessel.

• You should notify the EMT and the ER physician if you are having any stroke like symptoms.
1. Dizziness
2. Vertigo
3. Nausea
4. Numbness
5. Weakness C
6. Cognition (brain) problems
7. Speech
8. Comprehension
9. Worst headache of your life
10. Stiff neck
11. Decreased consciousness

• Time equals brain. The sooner you receive the clot busting TPA, (Intravenous recumbent tissue plasminogen activator) the better your outcome will be. Generally you will not be a candidate for receiving this clot busting and/or vessel opening medication if it has been more than three (3) hours of the onset of symptoms.

• The exact timing of the onset of any symptoms should be kept up with and reported accurately to the medical care providers.

• Keep track of whether your symptoms have improved or are deteriorating.

• There is no 100% sensitive or specific tests that rules out stroke. Therefore, a doctor must conduct a thorough neurological evaluation.

• Be sure to ask whether the physician is using the national institute of health stroke care for you or your loved one. These forms are available at www.ninds.nih.gov/doctors/NIH_Stroke_Scale.pdf and www.ninds.nih.gov/doctors/NIH_Stroke_Scale_Booklet.pdf

• An MRI is the only way to confirm the location of an ongoing stroke and it will help rule out prior stroke. Note, you should not wait on receiving the clot busting medication (TPA) for this confirmatory diagnostic test.

• An ischemic stroke is four (4) times more likely to occur than a hemorrhagic stroke. You are at a higher risk for stroke if you are overweight, smoke or have other risk factors such as family history of stoke. It is our hope by providing you with this information, it will reduce the number of medical errors and misdiagnosis and may save you or your family’s life and prevent brain loss and unneeded months of rehabilitation.

Bottom line, you should always assume the worst and have your doctor specifically rule out stroke in the emergency room. Be adamant and have your family be adamant prior to discharge. You would be shocked at the number of people who have called our law firm who have been misdiagnosed, discharged only to return within 24 or 48 hours after having a completed stroke.

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NFL Concussion Claims

April 24th, 2012

**BREAKING NEWS**

The Giddens Law Firm has started accepting former NFL players as clients for a Brain injury lawsuit against the National Football League. These players have had information withheld from them by the Football league as well as the Player’s Association.

The following statement was released by the NFL.

“The NFL has long made player safety a priority and continues to do so. Any allegation that the NFL intentionally sought to mislead players has no merit. It stands in contrast to the league’s actions to better protect players and advance the science and medical understanding of the management and treatment of concussions.” — NFL statement, to Outside the Lines

For years, the NFL’s concussion committee seemed to downplay and even dismiss the long-term risks of concussions. Now, lawsuits have been filed accusing the league of negligence on behalf of as many as 500 players, including Hall of Famer Tony Dorsett, former Bears quarterback Jim McMahon, and former running back Jamal Lewis. The NFL now acknowledges that concussions can lead to long-term problems, but the league has promised to rigorously defend the allegations of fraud. Bob Holtzman speaks with Lewis and former Packer Dorsey Levens about the impact these lawsuits may have on the league.

Former Texas Longhorn quarterback Colt McCoy took a vicious hit to the head in his game Thursday night. But he was put back in just two plays later.

It is obvious that something is terribly wrong. We hope to give players a way to make things right.

Many players do not consider the important decision of choosing their attorney in this process but with the Giddens Law Firm you can be confident that you are dealing with attorneys who have taken and won cases covering all aspects of head injury, concussion, head trauma, and long term neurological problems.

 

Injury Questionnaire.

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

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