Month: January 2017

commercial wind damage

Hotel Owner Files Commercial Wind Damage Lawsuit

Our client, a local hotel owner, was forced to file a lawsuit against Underwriters at Lloyd’s London and Engle Martin & Associates after its commercial wind damage insurance claim was wrongfully denied under Texas law.

March 2016 Windstorm

On March 25th and 26th, 2016, a windstorm swept through Harris County, causing substantial damage to the roof, windows, exteriors, and interiors of the plaintiff’s property. After the storm, the plaintiff immediately filed an insurance claim to cover the damages to the property. In response to the claim, Lloyd’s assigned representatives, adjusters, consultants, and agents to the plaintiff’s claim that were inadequately and improperly trained. Specifically, Lloyd’s assigned the claim to Engle Martin, who in turn assigned it to an employee who was not equipped to handle this type of claim.

The employee failed to complete an adequate inspection and refused to acknowledge all the damages to the property. The employee also failed to prepare an estimate or scope of damages to the property and/or failed to provide the estimate to the plaintiff. To assess the damage, the employee retained consultants from a preferred vendor list who are not registered with the Texas Department of Insurance, and then utilized the preferred vendor’s report to make recommendations to Lloyd’s on what portions of the claim to deny under the Policy.

The plaintiff never received a formal denial letter from Lloyd’s or the Engle Martin employee. However, as a result of the employee’s haphazard inspection, misrepresentations, and inadequate investigation, Lloyd’s denied the plaintiff’s claim for wind damages by sending an engineering report stating there was no damage.

Lloyd’s Violated The Texas Insurance Code

Our client cites numerous violations of the Texas Insurance Code, including failure to effectuate a prompt, fair, and equitable settlement of a claim, failure to implement reasonable standards for the investigation of a claim, and misrepresentation of the insurance policy under which it affords property coverage to the plaintiff.

Raizner Slania: Windstorm Damage Attorneys

If your insurance carrier wrongfully denied a Texas windstorm damage claim, you need an experienced team of insurance lawyers to help you get the compensation you deserve. Call the experienced windstorm damage claim attorneys at Raizner Slania today to schedule a free consultation to discuss your case. We can help you understand your legal options and pursue compensation on your behalf.

NCAA Class Action Settlement

NCAA Class Action Settlement

Many former student athletes are just now receiving a “legal notice” about a proposed class action settlement in a case called “In re National Collegiate Athletic Association Student-Athlete Concussion Injury Litigation” (Case No. 1:13-cv-09116). The notice explains that because the recipient is a “current or former student-athlete who played an NCAA-sanctioned sport,” his or her legal rights may be affected. If you haven’t seen it yet, you can find a copy of the notice here.

What Is The Legal Notice About?

The notice concerns a settlement through which former NCAA athletes may be entitled to receive a free medical evaluation. As a member of the medical monitoring settlement class, all former NCAA athletes have the right to participate in the settlement, object to it, or request exclusion. Former football players and other NCAA athletes with lasting consequences resulting from collegiate playing time may qualify for important medical monitoring benefits under this settlement.

What Does This Mean For Athletes Who Have Already Filed A Lawsuit?

It’s important to understand you can participate in the medical monitoring class action settlement AND pursue a personal injury case with our firm. The class action settlement does NOT settle or impact any personal injury case you may have against the NCAA and others, provided any personal injury case you file is either done individually, or as part of a class action involving a single sport and single school. 

Our Firm’s Representation Is Different Than The Medical Monitoring Class Settlement

Our firm, Raizner Slania, represents former student athletes currently experiencing symptoms and consequences caused by previous concussions sustained during practice or play, and we are pursuing these claims against NCAA and others.  The class action settlement only provides “medical monitoring,” or the right to receive a medical evaluation, for former players who may or may not be having symptoms from their concussions.

We represent hundreds of former student athletes whose lives were forever changed due to serious concussions sustained during their time playing college football.  We have filed dozens of lawsuits asserting personal injury claims for our clients across the country, and these claims have been consolidated into a multi-district litigation in Chicago.  This personal injury litigation against the NCAA, certain conferences, and schools is proceeding without delay, and is not impacted by the class action settlement for medical monitoring.

Contact Raizner Slania To Learn More About Your Rights As A Former NCAA Athlete

Class action settlements can be confusing.  We are happy to talk with you about your options under the settlement or answer any other questions you might have. At this point, it is important to understand  the medical monitoring settlement does not affect your personal injury claims. If you have any questions or want a free evaluation to determine whether you qualify for a personal injury claim against the NCAA and others, contact us today.

Bair Hugger MRSA Infection Lawsuit

Raizner Slania Files Bair Hugger MRSA Infection Lawsuit On Behalf of Ohio Couple

Raizner Slania filed a Bair Hugger MRSA infection lawsuit on behalf of an Ohio couple against 3M Company and Arizant Healthcare after the husband sustained severe infections from the device.

In September 2014, the plaintiff underwent a right total hip revision surgery in which the Bair Hugger warming blanket was used throughout the scope of the procedure. The device caused contaminants to be introduced into the plaintiff’s open surgical wound, which resulted in him developing a deep joint infection (DJI).

The pathogens were identified as pseudomonas aeruginosa and Methicillin-resistant Staphylococcus aureus or MRSA. Pseudomonas aeruginosa, more commonly known as P. aeruginosa, is a bacterium best known for its advanced antibiotic resistance. Like P. aeruginosa, MRSA is also resistant to many antibiotics used to treat infections and is sometimes referred to as a “super bug” because of its resistance. Because P. aeruginosa and MRSA are difficult to treat, they can cause serious and life-threatening side effects.

As a result of plaintiff’s Bair Hugger infections, he was forced to undergo antibiotic therapy, hip aspirations, irrigation and debridements, and additional treatments for the spreading of the infections.

The infections and additional treatments caused the plaintiff to suffer severe physical and emotional pain. Additionally, the plaintiff also suffered substantial economic loss from the extensive medical bills. The plaintiff’s wife suffered from a loss of services and a loss of consortium as a result of her husbands Bair Hugger infections.

The plaintiff believes 3M and Arizant committed consumer fraud and/or unfair and deceptive trade practices under Ohio law by selling defective devices and failing to warn consumers about the devices’ dangers. Additionally, the plaintiff asserts the Bair Hugger is defective in both design and manufacture, and that the companies were grossly negligent in failing to warn consumers of the device’s risks.

Raizner Slania: Bair Hugger MRSA Infection Lawsuit

Patients deserve to understand all risks they face from medical devices. If you underwent a hip or knee replacement surgery and developed an infection, contact the experienced defective medical device attorneys at Raizner Slania today. We can help you understand your legal options and pursue compensation on your behalf. Contact us today to schedule a free consultation.

3M Bair Hugger Infection

Ohio Man Files 3M Bair Hugger Infection Lawsuit

Raizner Slania filed a lawsuit on behalf of an Ohio man against 3M Company and Arizant Healthcare after the man received an infection from the Bair Hugger warming device used during his hip surgery.

In November 2013, the plaintiff underwent a total hip replacement surgery during which the Bair Hugger was used throughout the scope of the procedure. The Bair Hugger caused contaminants to be introduced into the plaintiff’s open surgical wound, which caused him to develop a periprosthetic joint infection (PJI), also known as a deep joint infection (DJI).

Three pathogens were identified as alpha hemolytic streptococcus, streptococcus intermedius, and Methicillin-resistant Staphylococcus aureus (MRSA). Alpha hemolytic streptococcus and streptococcus intermedius, more commonly referred to as “strep,” are bacteria that damage red blood cells. If left untreated, alpha hemolytic streptococcus can cause more serious conditions like pneumonia and meningitis. MRSA is often referred to as a “super bug” because it is resistant to the antibiotics usually used to treat infections. Because of its antibiotic resistance, MRSA can be extremely harmful and even fatal to patients.

As a result of infections caused by the Bair Hugger, the plaintiff had to undergo multi-staged removal and revision arthroplasties, placement of antibiotic spacers, irrigation and debridements, aspirations, placement of wound vac, and extended antibiotic therapy.

The infections and additional treatments caused the plaintiff to suffer severe physical and emotional pain. Additionally, he suffered substantial economic loss from the extensive medical bills.

The plaintiff claims 3M and Arizant were grossly negligent in failing to warn patients of the infection risk associated with the Bair Hugger. He also alleges the Bair Hugger is defective in design and manufacture and 3M and Arizant committed consumer fraud and/or unfair and deceptive trade practices under Ohio law.

3M Bair Hugger Infection Lawyers

Patients who had total hip or knee replacement surgery and developed an infection within the last five years could have a claim against these medical device manufacturers. Call the experienced Bair Hugger infection lawyers at Raizner Slania today to schedule a free consultation to discuss your case. We can analyze your situation and help you understand your legal options.

NCAA Concussion Lawsuit

Former University of Memphis Football Player Files NCAA Concussion Lawsuit

Raizner Slania filed a lawsuit on behalf of a former University of Memphis football player against the National Collegiate Athletic Association (NCAA) for its reckless disregard for the health and wellbeing of student-athletes and its failure to properly educate student-athletes about the long-term consequences of concussions.

During the course of a college football season, athletes can receive more than 1,000 impacts greater than 10g’s (gravitational force). Many of these impacts can even exceed 20g’s, with some approaching as much as 100g’s. While this amount of force might be hard to conceptualize, it is the equivalent force experienced by a person hitting the windshield of a car in a car accident at 25 mph.

The plaintiff played college football for the University of Memphis from 1990 to 1994 as a center and long snapper. He recalls suffering several concussions during his time playing for the university. Specifically, he remembers being hit so hard he was knocked unconscious. Unfortunately, immediately upon regaining consciousness, he was returned to play.

Every time the plaintiff suffered a concussive or sub-concussive hit, he was deprived of the appropriate medical attention that the NCAA knew was required to monitor, manage, and mitigate the long-term consequences of concussions. During his time playing college football for the University of Memphis, the NCAA failed to adopt or implement adequate concussion management safety protocols or return to play guidelines to protect the safety and wellbeing of its players.

As a result of his time playing football for the university, the plaintiff now suffers from memory loss, severe depression, anxiety, and other debilitating issues.

For decades, the NCAA knew about the debilitating long-term dangers of concussions, concussion-related injuries, and sub-concussive injuries resulting from playing college football, but actively concealed this information to protect the very profitable business of “amateur” college football.

Raizner Slania: Concussion Injury Attorneys

The NCAA has an obligation to protect student-athletes, not to be a silent party to their injuries. If you received a concussion while playing for an NCAA regulated team, call the experienced concussion injury attorneys at Raizner Slania today. We can help you understand your legal options and pursue compensation on your behalf. Contact us today to schedule a free and confidential consultation.

ncaa class action

Eastern Michigan University Football Player Files Concussion Injury Lawsuit

Raizner Slania filed a lawsuit on behalf of a former Eastern Michigan University football player against the National Collegiate Athletic Association (NCAA) and the Mid-American Conference (MAC) for failing to provide the appropriate medical treatment to monitor, mitigate, and manage the long-term effects of concussions.

The plaintiff played for Eastern Michigan as an offensive tackle from 1985 to 1989. He specifically remembers suffering from at least five concussions during his time playing football for the university, including twice when he endured multiple head to head hits that made him “see stars” and streaks of light. After each concussive and sub-concussive hit, the plaintiff was quickly returned to play.

As a direct result of his time playing college football for the university, the plaintiff now suffers from depression, fatigue, impulse control problems, irritability, memory loss, sleeping disorders, and other debilitating medical problems.

Although the plaintiff repeatedly sustained concussive and sub-concussive hits in practices and games for their profit and promotion, the NCAA and the MAC failed to adopt or implement adequate concussion management safety protocols or return to play guidelines for student-athletes. The NCAA and the MAC had a duty to provide appropriate and up-to-date guidance and regulations to minimize the risk of injury to football players, but failed to do so despite the growing evidence of the severe long-term effects of brain injuries.

When the head receives repeated impacts, the brain can suffer deformation, twisting, shearing, and stretching of neuronal cells. This can cause damage to the brain and cause the release of small amounts of chemicals within the brain that can cause additional neurological side effects.

NCAA Concussion Injury Lawyers

Many long-term effects of concussions are degenerative, and former players may not begin to experience symptoms for many years after their last game. If you or someone you love sustained a concussion while playing football for an NCAA regulated team, you may be entitled to compensation for your injuries. Call the NCAA concussion injury lawyers at Raizner Slania today to schedule a free consultation to discuss your case. Our attorneys can help you understand your legal options and pursue compensation on your behalf. Contact us today.