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.
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.
We recently finished a wrongful death suit against a Mental Hospital who failed to see any of the warning signs of a suicide risk in one of their patients. The hospital had numerous opportunities to intervene and all of the warning signs were there.
You don’t have to be a doctor to know that if a patient is exhibiting the following traits that you should probably keep a close watch on them. If a patient:
was feeling helpless;
was hearing voices;
stabbed himself in the ear to make the voices stop;
was cheeking his medication.
was walking the streets all night;
bought a gun;
was feeling hopeless;
brought a weapon to the group home;
Hospitals and Mental Health Centers have a legal obligation called the duty of care which requires that they provide reasonable care to the individual. When they do not provide the type of care that similar healthcare providers would have to their patients then they have committed medical negligence or medical malpractice.
Hospitals have been held in several cases to have a duty that is suited to the needs of the patient.
East Mississippi is required by statute to provide patients with mental health care and treatment in accord with contemporary professional standards. Miss. Code Ann. § 41-21-102(6) (Rev. 2005). Adhering to the mandates of this statute is not discretionary, and, therefore, it is ministerial. Dr. Hiatt testified that contemporary professional standards dictate that: (1) the doors to rooms where a patient might be present and unsupervised should be locked; (2) security screens should be placed on windows in rooms where a patient might be present and unsupervised; and (3) patients should be monitored in a way so that any out-of-the-ordinary actions on the part of the patients might be detected.
In that case the patient attempted an escape from a third-story window of a psychiatric hospital. Due to a fall, she suffered severe injuries to her leg and sued because a patient in her mental condition should be monitored more closely than she was being monitored.
If you had a loved one who was in the care of a Mental Hospital, wouldn’t you want the symptoms above to trigger some sort of extra watchfulness or protection of your loved one from themselves. We made the case for our clients that any of these behaviors should be a red flag, and that ignoring them sealed the death warrant for our client.
We have created a Facebook page to provide information to our current, former and potential clients online. If you would like to keep up with the latest happenings at our firm click below to be directed to our Facebook page.
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.
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
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.
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.
Sometimes as members of humanity it falls on us to say something. It falls on us to speak out when something is unjust. It falls on us to make our voices heard, even when it is clear that the people you are speaking to might not hear you.
As attorneys we have the opportunity to be the voice for the people on a day to day basis. The cases we take whether they be: defective products, medical malpractice or an 18-wheeler accident all involve standing up for the individual against large companies.
Recently, John and his family visited Disney World and as he was there John saw several issues with the way things were being run that could cause injuries to his family or other park goers. John had an opportunity to be a voice that would speak to protect the people, to protect those around him and this is the letter he wrote to Disney World’s Risk Manager.
As a citizen and a potential juror you have a voice that our government and large companies can hear clearly. Often the only way a large company will listen to the little guy is when a jury speaks by its verdict.
Below is the actual text of the letter John sent.
Mr. Stephen Wilder, Vice President of Risk Management
Walt Disney Company
500 South Buena Vista Street
Mail Code: 6709
Burbank, CA 91521
Dear Mr. Wilder:
The prompt for this letter is to report an extremely dangerous activity I witnessed at the Kidani pool on the evening of Tuesday, October 11, 2011.
I arrived at the pool with my three (3) children, ages six (6), six (6), and eight (8) and observed a crew of three (3) using a personal lift device/telescoping forklift and what appeared to be adjusting or repairing flood lights suspended above the pool approximately thirty (30) feet.
There were two (2) men in the lift basket apparently harnessed in and another gentleman on a three (3) wheeled bicycle with “electrical” on one of the boxes fastened to the bike.
When I arrived, this piece of machinery was being used approximately two (2) to three (3) feet from the curved edge of the pool. There were approximately twenty-five (25) children and forty (40) adults present in the pool area. The forklift was being driven by the occupant of the basket. It was nighttime with no illumination other than the surrounding pool lights and flood lights. No one was asked to move from the lounge seats and no one was asked to clear the swimming pool.
I immediately moved my kids from the pool area while observing other children swimming up to the wall adjacent to where the forklift was being maneuvered. Children’s bodies (heads) were within two (2) to three (3) feet of the moving wheels of the forklift. The men then maneuvered the lift around the pool and went extremely close to the edge of the hot tub. The forklift’s wheels traveled within two (2) to three (3) feet of the edge of the hot tub.Also, I noticed that there were no lifeguards on duty and had a very difficult time monitoring my three (3) children’s whereabouts given the blind spots in the pool. I actually sat on the bottom rung of the lifeguard stand constantly moving to make sure my kids were in view.
Allow me to suggest the following safety protocols and procedures which may prevent a tragic incident involving this very dangerous piece of machinery:
1. Do not operate any lift device/machineries in or around the pool area while the pool is open. This maintenance/repair was being performed at night and could had been done when the pool was completely closed and/or restricted to all guests/occupants.
2. If maintenance work or repair work is required to be performed, the pool should be cleared and the walkway should be cleared prior to using this equipment. There should be at least a fifty (50) foot barrier between the outermost reaches of the telescoping forklift and the area where guests/children are expected to be.
3. If the pool is open, lifeguards should be on duty, period. The pool’s design leaves blind spots. The location of the slide(s) makes it impossible for multiple children to be supervised by one parent.
I have personal experience with clients who were injured and killed using these types of machines in a variety of settings. There is no need to expose children or unknowing adults to this very serious hazard. I hope that you will implement safety policies and procedures and/or regulations to remedy this situation so that there is not an unnecessary tragedy. We enjoyed our visit to Disneyworld and, in particular, Kidani lodge. Thankfully, nobody was hurt.
If I can provide more details or insight on what I observed or how these hazards can be remediated, I am happy to discuss this matter further.
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.
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.
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.
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.
BILOXI, Miss. – A Hancock County man has been awarded over $1.4 million in damages for injuries he suffered during unnecessary brain surgery.
Surgeon Michael Lowry and radiologist Michael Diaz were accused of causing permanent neurological damage to Charles Connetti.
Connetti and his wife, Carmen, sued the doctors at Memorial Hospital in Gulfport and Charity Hospital in New Orleans in 2001 after Lowry performed brain surgery to remove a 4.5-centimeter cyst. Doctors later learned the cyst was in the brain of another patient, Robert King, who later died.
In Harrison County Circuit Court on Wednesday, a jury held Lowry 45 percent responsible for Connetti’s neurological problems. The judgment against Lowry means he owes $810,000 in damages.
Diaz was held 35 percent responsible, which means he owes $630,000 in damages.
The jury found that Memorial Hospital had a 20 percent responsibility, but the hospital settled out of court for an undisclosed amount.
Lowry had acknowledged that he was looking at King’s MRI film, but believed it belonged to Connetti. Connetti’s lawyer, John Giddens of Jackson, said King’s name was on the film 16 times.
“I don’t think the verdict is out of line with what we proved,” Giddens said. “We feel that we proved … that he was going to need over $1.1 million just in future care and medical expenses.”
Giddens also is representing King’s family in a separate lawsuit. That case is expected to go to trial in 2005.
Paul Delcambre, Lowry’s lawyer, declined to comment. Pete Bloss, who represents Diaz, said he couldn’t comment on information presented at trial.
