|
Firm News
"Record malpractice judgment awarded in Franklin case". Chattanooga Times Free Press. FindArticles.com. 02 Apr, 2010. "Federal Jury in Chattanooga Awards $22.26 Million in Malpractice Case" DECEMBER 2009: RANDALL L. KINNARD SPEAKS ON THE DANGERS OF TOXIC TOYS.
Support for snowflake 5K anything but chilly DECEMBER 2009. RANDALL L. KINNARD NAMED TO TOP LAWYER LIST BY BUSINESS TENNESSEE. DECEMBER 2009: KINNARD CLAYTON & BEVERIDGE SPONSORS THE 2009 SNOWFLAKE 5K BENEFITTING PREVENT CHILD ABUSE TENNESSEE. If you wish to donate to PCAT, we know that they would greatly appreciate any sum. Make your check payable to Prevent Child Abuse Tennessee and mail it to: Prevent Child Abuse Tennessee, 4751 Trousdale Drive, Suite 201, Nashville, Tn. 37220 or visit their web site at http://www.pcat.org/. Thank you for helping prevent child abuse in Tennessee NOVEMBER 2009: RANDALL L. KINNARD, DANIEL L. CLAYTON AND MARK S. BEVERIDGE NAMED TO MID-SOUTH SUPER LAWYERS LIST. AUGUST 2009: RANDALL L. KINNARD AND DANIEL L. CLAYTON NAMED TO THE BEST LAWYERS IN AMERICA ®.
A Kinnard, Clayton & Beveridge Case involving Trey Jones, pictured below, was recently featured on the Front Page of USA Today
Daniel Clayton comments on Tennessee Plan and how Appellate Judges are selected. "If the legislature does not act by June 30, 2009, we will enter a period of chaos involving our Appellate judges. Our current system allows our Tennessee Supreme Court justices to be judges, not politicians." Read more here. Daniel Clayton has opinion piece on Nursing Home care in Tennessee in Sunday's edition (April 5, 2009) of The Tennessean. Read it here. Lawsuit claims pain med overdose killed wife THE TENNESSEAN March 18, 2009 By Nicole Young Spouse says drug patch defective A Nashville man says too much pain medicine killed his wife after she had a hysterectomy. David Cohen filed a lawsuit in Davidson County Circuit Court against the New Jersey-based drug manufacturer Actavis Inc., alleging that the medication came from a defective prescription patch. He is seeking $20 million in damages. Randy Kinnard, a Nashville attorney representing Cohen and his 5-year-old daughter, said the Cohens have been advised not to speak publicly about the case.Cohen's wife, Amy, died at home two days after her surgery in Summit Medical Center in March 2008. Her daughter found her in bed, unresponsive and not breathing, the suit alleges. The woman had been prescribed a 50-mcg fentanyl patch, which was applied to her thigh after surgery. The patch contains a gel form of fentanyl, an opioid that is up to 100 times stronger than morphine. It is designed to deliver medication at a regulated rate for up to 72 hours. In February 2008, Actavis recalled 14 lots of fentanyl patches because of a possible defect in the product that could cause the pain medicine to leak, resulting in overexposure to the drug, which could lead to death, the suit alleges. The recall was expanded to include all fentanyl patches sold in the United States in early March 2008. The suit claims that the patch applied to Amy Cohen should have been included in the recall. Mindy Noonan, a spokeswoman for Actavis Inc., said the company has not been served with the lawsuit. She declined to comment on the case. View this story on The Tennessean Two National Groups Rate TN Nursing Home Care Substandard Public News Service-TN March 18, 2009 Two National Groups Rate TN Nursing Home Care Substandard Nashville, TN - Improving Tennessee's dismal track record for nursing home care should be a top priority for state lawmakers - and now, there are two national studies to confirm it. The latest was done by the Lewin Group, a Virginia-based health care policy and consulting firm commissioned by AARP. It is the second such report in recent months. Last year, the Centers for Medicare and Medicaid Services rank Tennessee's nursing homes 47th in the nation, giving 30 percent of them the worst possible rating. Daniel Clayton, president of the Tennessee Association for Justice (TAJ), calls the new AARP report significant. "We agree with the AARP that quality of care must be improved in Tennessee nursing homes." The TAJ is in favor of AARP-supported legislation that would address both staffing and oversight of nursing homes. His group does not approve of another piece of pending legislation, that caps the amount for which a nursing home can be sued. Some lawmakers contend lawsuit limits would improve care by discouraging frivolous suits, but a system is already in place to do that, says Clayton. "There are mechanisms in place, called 'Rule 11' sanctions, that punish lawyers if they file frivolous lawsuits." On Tuesday, the Tennessee Department of Health suspended admissions to a nursing home in Winchester. Golden Living Center Mountain View has been ordered to admit no new residents, after state inspectors found numerous violations. The broadcaster version of the story can be viewed here. Daniel Clayton continues fight against Bill which limits the rights of Nursing Home residents Yesterday, the AARP released an independent report which showed the problem in Tennessee nursing homes is directly related to poor staffing, and that limiting the rights of nursing home residents who have been abused is not the answer to improving care in Tennessee nursing homes. "The nursing home industry continues to focus on limiting rights instead of improving care through increased staffing," says Daniel Clayton. "A recent case against NHC showed that the nursing home resident, and I quote, 'would be left to sit in his own urine and feces so long that it would dry to his body and the bed linens.' This gentleman went on to develop sores which devoured his skin and muscle tissue, exposing the bone. NHC and the nursing home corporations want to restrict the rights of families claiming these lawsuits are frivolous. We need laws to protect our nursing home residents, not the corporations which are making millions of dollars a year in housing them. Read more from NewsChannel 5 and from The Tennessean. Public News Service-TNNS story for March 02, 2009 Nursing Home Accountability Public News Service-TN March 02, 2009 Nursing Home Accountability Nashville, TN - Tennessee nursing homes rank 47th in the nation when it comes to quality of care, according to national ranking by the federal Centers for Medicare and Medicaid Services. That's one reason patient advocates are concerned about a new federal rule, as well as legislation pending in the state Senate. The federal rule change came in the waning days of the Bush administration and was only publicized last week. It classifies state nursing home inspectors as federal employees, meaning their reports cannot be released without the approval of the chief of the Centers for Medicare and Medicaid Services. Daniel Clayton, president of the Tennessee Association for Justice, says the move makes it very difficult for families to get information about abuse and neglect when seeking to hold nursing homes accountable in court. "The question that should be asked is, 'Does this rule do anything to improve the quality of care for our most vulnerable citizens?' The answer is a resounding, 'No!' In fact, it does just the opposite." Supporters of the rule change say it will help avoid frivolous lawsuits. "It's trying to make it harder to hold the nursing homes accountable here in Tennessee." Those in favor of the bill say multi-million-dollar jury awards have raised malpractice insurance to levels high enough to force some doctors and companies out of business. The broadcaster version of the story can be viewed here Tennessee Bar Journal Cover Story Highlights Cy Pres Funds for Legal Aid The March 2009 Bar Journal features an article "Class Action Residual Funds Support Pro Bono Efforts" authored by Danny Van Horn and Daniel Clayton. The cover story describes how these funds can add up to meaningful financial support for equal access to justice in Tennessee. Danny Van Horn is a member of Butler Snow O'Mara Stevens & Cannada and is chair of the TBA’s CY Pres pro bono initiative. DANIEL L. CLAYTON is a partner in the law firm of Kinnard Clayton & Beveridge. He is the president of the Tennessee Association for Justice. http://www.tba.org/journal_new/ Daniel Clayton asked to comment on Salmonella outbreak from Georgias Peanut Corporation of America. "In addition to holding these companies accountable, we need to take a look at updating our food safety laws." Read more here. Thousands Of Colonoscopy Patients At Risk WSMV Nashville Channel 4, February 9, 2009 Thousands of Veterans Exposed to Infectious Body Fluids in Tennessee And Georgia We have learned that thousands of patients at a Veterans Administration clinic in Tennessee may have been exposed to the infectious body fluids of other patients when they had colonoscopies in recent years, and now VA medical facilities all over the U.S. are reviewing their own procedures. “This is a very tragic situation,” said West Point graduate and Vietnam veteran Randall L. Kinnard, founder of Kinnard Clayton & Beveridge. “The VA needs to be held accountable for its actions. Procedures need to be put in place to make sure this does not happen again.” Read more about this developing story here. Contact our office to learn more about your legal rights if you, or a family member, have been affected by this. Peanut Corporation of America Files for Bankruptcy This news is fairly predictable. Peanut Corporation of America has filed for bankruptcy hoping that is will slow down the claims which are being brought against it for the salmonella outbreak. However, Hartford Insurance Company does have $12,000,000 per policy period with perhaps as much $40,000,000 total to cover claims of victims of this tragedy. In addition, manufacturers like Kellogg and King Nut should also be investigated to determine its responsibility for the products they manufactured and sold. Salmonella is one of the most common enteric (intestinal) infections in the United States. Salmonellosis (the disease caused by Salmonella) is the second most common foodborne illness after Campylobacter infection. It is estimated that 1.4 million cases of salmonellosis occur each year in the U.S.; 95% of those cases are foodborne-related. Approximately 220 of each 1000 cases result in hospitalization and eight of every 1000 cases result in death. About 500 to 1,000 or 31% of all food-related deaths are caused by Salmonella infections each year. Salmonellosis is more common in the warmer months of the year. Salmonella infection occurs when the bacteria are ingested, typically from food derived from infected food-animals, but it can also occur by ingesting the feces of an infected animal or person. Food sources include raw or undercooked eggs/egg products, raw milk or raw milk products, contaminated water, meat and meat products, and poultry. Raw fruits and vegetables contaminated during slicing have been implicated in several foodborne outbreaks. The salmonella outbreak with the Peanut Corporation of America has caused multiple deaths and hundreds of injuries across the United States. To date, there have been at least 13 known cases of salmonella poisoning in Tennessee that have been linked to the Peanut Corporation of America plant in Georgia. Daniel Clayton was recently interviewed by the Public News Service regarding the salmonella outbreak and the Peanut Corporation of America’s actions. “The findings of the FDA point to acts that are irresponsible and unconscionable. The most vulnerable people are the ones who have been impacted the worst. Young children and our senior citizens. In my 21 years of practice, I have never seen or heard of a situation where a company, like Peanut Corporation of America, shipped out a product that had tested positive for salmonella.” If you, or someone you know, have been affected by the salmonella outbreak from peanut butter, please feel free to contact us. In order to protect your rights as well as the ability to hold those who caused this accountable for its actions, time is of the essence. Nashville Business Journal does a lead story on Tennessee Nursing Homes. Legislators need to understand that this bill has nothing to do with protecting nursing home residents, and has everything to do with a corporate bailout of an industry that is already making millions of dollars a year, and passing out millions of dollars in bonuses. Our nursing home residents voices need to be heard. Instead, the industry is trying to silence them with this incredulous bill, Clayton says. Daniel Clayton speaks on The Tennessee Plan We Must Demand Accountability Lawmakers Delay Judicial Selection Review Daniel Clayton named President of the Tennessee Association of Justice Lawmakers Pass Bill to Require Notice, Expert Testimony in Malpractice Suits Medical Errors Costing U.S. Billions Nursing homes want to limit lawsuits 'Powerful' nursing home lobby helped craft advantageous system, officials say Pharmacy policies can lead to errors Speed, high volume can trigger mistakes Randy Kinnard named as one of the Best 150 Lawyers of 2006 'Trust the Jury - Randall L. Kinnard' Daniel L. Clayton has been selected by Law & Politics Publications as a 2006 Mid-South Super Lawyer
Kinnard, Clayton & Beveridge is listed in the 2005 edition of the Bar Register of Preeminent Lawyers Article on the best 101 lawyers in the state of Tennessee from January 2004 issue of Business TN Nashville Post, "Best Lawyers in Nashville" Decorated Airborne Ranger in Vietnam, "his abilities are best attested to by the fear and hostility exhibited by the less self-assured in the local medical profession."
Family of Woman Who Dies After Skin Fell Off Files Suit... Humphreys County woman sues Nashville hospital Hospital removes wrong kidney from patient Woman Sues Doctor After Wrong Kidney Removed in Surgery... Woman Sues After Wrong Kidney Removed... Nashville doctor being sued for removing wrong kidney from patient Surgeons remove the wrong kidney... Doctors Remove Wrong Kidney; Woman Sues... Dickson Hospital Named in Malpractice Lawsuit... Doctors Sued for Removing Wrong Kidney... Healthy Kidney Removed, Suit Says... Number of Wrong-Site Surgeries Increasing... Woman Awarded $2.5 Million for Medical Test Burns... Randy Kinnard leads Legal Aid Society to record year Randall L. Kinnard has become a board member of Centerstone, a not-for-profit organization Juries, not politicians, deserve right to determine value of a life Medical malpractice took the life of teenager Jesica Santillan at Duke University. Someone got the heart and lungs intended for Jessica mixed up with organs that had blood incompatible with Jesica's. Your doctor made a mistake during surgery We all make mistakes. But when a medical professional makes a mistake while treating a patient, it can have life-altering repercussions. Insurance companies fight paying billions in claims Trial Lawyer - 1988 - How to Use Lay Witnesses to Prove Damages Trial Lawyer - 1986 - Reconsider the Motion to Reconsider Trial Lawyer - 1985 - The Big Chill Trial Lawyer - 1985 Subpoena the Treating Physician to Trial Trial Lawyer - 1984 - Discovery of Expert Opinions Trial Lawyer - 1984 Damages in Children Death Cases Trial Lawyer - 1983 - Is your Action Really Time Barred |
Children's Medicine Manufacturer's Plant Unsafe
The F.D.A. released findings Tuesday that the only plant that makes many popular over-the-counter pediatric medicines lacks sufficient quality control measures and has failed to investigate consumer complaints over contaminated product. Last week, Johnson & Johnson, who owns the plant through a subsidiary, recalled 43 over-the-counter pediatric medicines in the United States, its territories and nine other countries, affecting 70 percent of the market for over-the-counter children's medicine. F.D.A. officials said the plant used raw materials that were contaminated with an unknown bacteria and received 46 customer complaints over contaminated medicines. Federal officials did stress that serious harm from the recalled drugs was "remote." Lyndsey Layton, The Washington Post 05/05/2010
Toy Maker Recalls 200,000 Baby Playpens
Dorel Juvenile Group Inc. announced a voluntary recall last week of over 200,000 baby playpens due to the threat of "suffocation or positional asphyxiation." The company said that the floors of the Safety 1st Disney Care Center Play Yards and Eddie Bauer Complete Care Play Yards could become uneven when jostled, posing unnecessary risks to children. The toys were sold from January 2007 to October 2009 at Babies "R" Us, Kmart, Sears, Target and Walmart. No deaths have been reported involving the playpens. Staff Report, Chicago Tribune 12/30/2009
Read Article: Chicago Tribune
DECEMBER 2009: RANDALL L. KINNARD SPEAKS ON THE DANGERS OF TOXIC TOYS
Toy related injuries sent a staggering 80,000 children under the age of 5 to Emergency Rooms in 2007. Randy Kinnard said that defective and dangerous toys harm children each year. The U.S. Public Interest Research Group (USPIRG) released "The 24th-annual Trouble in Toyland report" recently. The report follows testing of thousands of toys for possible choking hazards, eardrum-damaging noise levels and toxins, and is available at www.uspirg.org. To read more on the article from Public News Service, click here.
KINNARD CLAYTON AND BEVERIDGE IS PROUD SPONSOR OF
More than 70,000 children are poisoned each year by prescription or over-the-counter medicines, more than twice as many as are poisoned by other products, a new study has concluded. Read Article.
A Kinnard Clayton & Beveridge case involving Trey Jones was featured on the front page of the USA Today (Read More)
- $22 million dollar verdict awarded to Kinnard Clayton & Beveridge clients, Bette and Ben Donathan. Read more here.
- Federal Jury in Chattanooga Awards $22.26 Million in Malpractice Case Click here to read the article
- Lawyers Weekly USA, a prominent national law publication, featured Randy Kinnard as a MASTER OF TRIAL ADVOCACY in the article "THE WARRIOR WITHIN". Click here to read the article
- Tennessee Medical Malpractice Laws Change Again [PDF]
127 Woodmont Blvd
Nashville, TN 37205
Toll-free: (866) 387-3920
In Nashville: (615) 686-2501
© 2010 by Kinnard, Clayton & Beveridge. All rights reserved. Disclaimer | Site Map
