Meningitis Victims in Tennessee have Limited Rights Against Massachusetts Company Due to Unfair Tennessee Law
The nationwide meningitis outbreak is affecting Tennessee citizens the hardest. A total of 61 cases of meningitis have been reported in Tennessee since the outbreak, more than any other state. Federal and state officials have now linked the outbreak to the New England Compounding Center located in Massachusetts. Unfortunately, in additional to incurring medical bills, lost wages, pain and suffering, and in some cases death, the 61 Tennessee victims of this tragic outbreak will have limited rights in our own courts. This is due to a change in Tennessee law pushed through by Gov. Haslem and the GOP majority in the General Assembly.
The ironically titled Civil Justice Act of 2011 strips Tennessee juries of the right to determine the full amount of damages suffered in a personal injury or wrongful death case. Instead, the act imposes an arbitrary cap of $750,000 for non-economic damages. Proponents of the bill say that it will make Tennessee a more pro-business state and will create jobs, although there is no credible empirical data to support this claim.
One thing that is clear about the bill is that it protects out-of-state corporations who send dangerous and defective products to Tennessee. As Tennessee defective drug attorneys, we understand the devastating effects of a defective drug, but this new law protects more than just drug makers. For instance, the bill protects the out-of-state trucking company who hires an incompetent and unqualified driver who later kills a single mother of three.
I have often heard people ask: How do you put a price on pain and suffering or the loss of a spouse? Well for 200 years Tennessee juries were allowed to decide this issue after hearing all the evidence. The founding fathers of our state even included a constitutional provision guaranteeing our citizens the right to have a jury made up of good and honest members of the community decide the extent of damages in a personal injury or wrongful death case. Under the new law, our politicians set the price.
Since graduating magna cum laude in 2005 from the University of Memphis School of Law, Thomas has helped make a difference in the lives of victims of serious personal injury, wrongful death, and professional negligence. Thomas has extensive trial experience in both state and federal court. Among other victories in the courtroom, Thomas obtained several impressive jury verdicts and settlements
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