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Arlington Insurance Lawyers

Arlington, Texas Hotel Owner Files Hail Damage Claim Lawsuit

Posted by Jeff Raizner on

Raizner Law has filed a hail damage claim lawsuit on behalf of an Arlington, Texas hotel owner against Zurich American Insurance Company after its hail damage claim was wrongfully denied under Texas law.

Our client operates a four-story hotel located on 54,537 square feet of land with 45,340 square feet of interior space. In May 2016, our Texas hotel owner client discovered extensive hail damage to the property from a hail storm that swept through Arlington. Substantial portions of the property’s roof, windows, and interiors sustained damage. The plaintiff promptly filed a claim with Zurich, alerting them to the extensive damages and asking that the cost of repairs be covered pursuant to the policy.

Zurich’s retained adjuster performed a cursory investigation of the property in April 2017 and prepared an estimate for payment to the plaintiff. The adjuster documented a minimal amount of damage, and then issued an underpayment based on its own faulty estimates.

In part, due to the significant underpayment, in July 2017, the plaintiff engaged a public adjuster to represent its interests. It was only after the plaintiff notified Zurich that it had hired a public adjuster that Zurich retained also a third-party company to perform an investigation of the property. The third-party determined the damages were the result of “long-term deterioration of the seals,” and recommended an additional, sub-standard payment.

Zurich’s claims-handling process omitted a wealth of facts, physical evidence, obvious damages, and meteorological data supporting the plaintiff’s claim. Zurich unreasonably determined the damage “was the result of long-term deterioration,” ignoring significant evidence to the contrary. The third-party report simply rubber-stamped the underpayment Zurich previously authorized.

Zurich Violated The Texas Insurance Code

Our client alleges Zurich violated numerous aspects of the Texas Insurance Code, including failing to attempt to effectuate the prompt, fair, and equitable settlement of a claim, failure to adopt and implement reasonable standards for prompt investigation of the claim, and misrepresentation of the policy under which it affords coverage to the plaintiff.

Arlington Insurance Lawyers

Policyholders deserve full protection under their policies. Many insurance companies prey upon uninformed policyholders unaware of their legal rights. If your insurance company is denying your claim or misrepresenting the terms of your policy, contact the Arlington insurance lawyers at Raizner Law today to schedule a free consultation to discuss your case.

Raizner Slania LLP

Raizner Slania LLP Attorneys Recognized By Thomson Reuters

Posted by Jeff Raizner on

Raizner Slania is proud to announce Thomson Reuters selected three of its attorneys for inclusion in the 2019 Texas Rising Stars List for Insurance Coverage. Only 33 Texas attorneys were selected for this category, and Raizner Law is elated to have Andrew Slania, Amy Hargis, and Ben Wickert included among them. This recognition by Thomson Reuters illustrates the talent and expertise of our entire team of insurance lawyers.

Our Rising Stars

Andrew Slania was first selected as a Rising Star in 2010 and again in 2018 and 2019. He has substantial trial experience as a veteran of a boutique litigation firm, of a large international law firm, and as a former prosecutor for the City of Houston. He currently handles a nationwide docket of cases involving insurance losses to office buildings, retail centers, hotels, apartment complexes, churches, and other commercial properties.

Amy Hargis was first selected as a Rising Star in 2018 and has also been selected for 2019. She is committed to the firm’s philosophy of achieving the best possible results in the shortest amount of time for the firm’s clients. She focuses her time on bad faith insurance litigation, Hurricane Harvey and Hurricane Maria claims, and other insurance claims issues.

Ben Wickert was first selected as a Rising Star in 2015 and has been selected every year since, including and through 2019. Through working at both boutique and full-service law firms, he has extensive experience with intricate case-by-case analyses. Ben offers keen knowledge to property owners pursuing property damage and commercial insurance claims.

Over the years, the attorneys at Raizner Law have handled a wide variety of lawsuits and claims against national corporations and major insurance providers. If you have experienced commercial property damage, our team of insurance lawyers is equipped to resolve even the most complex insurance claims and get you the compensation you deserve. Contact us today to schedule a free, no obligation consultation. There is no upfront cost for working with us, and we only work on a contingency fee basis, meaning you won’t owe us anything unless we help you recover compensation.

Food From the Bar

Raizner Slania LLP Helps Gather Food For Houston Food Bank During Food From the Bar

Posted by Amy Hargis on

This year Raizner Slania LLP was proud to participate in the Food From the Bar program. Food From the Bar is a month long friendly competition among local law firms and corporate legal departments to raise money, gather food, and donate time to the Houston Food Bank. Because of the devastation of Hurricane Harvey last fall, food from the Houston Food Bank has been even more needed for thousands of Houstonians. Since the inception of the Food From the Bar program in 2016, one of Raizner Slania’s attorneys, Ben Wickert has served on the steering committee. We are very proud of Ben’s involvement, and the firm is honored to help serve our community.

This year marked the 3rd Annual Food From the Bar program, and the legal community of Houston did not disappoint! Law firms and lawyers from across the city came together to help the Houston Food Bank in its mission to feed Houstonians and reduce food waste.

Raizner Slania worked to generate the equivalent of 5,500 meals during the Food From the Bar program, earning the firm a Bronze Partner achievement award. Raizner Slania participated with 37 other legal organizations; and, in total the program raised $200,519, collected 16,196 pounds of food, and donated 2,475 volunteer hours, which generated the equivalent of 763,554 meals for our community.

About The Houston Food Bank

Everything’s bigger in Texas, and the Houston Food Bank is no exception! The Houston Food Bank is the largest food bank in the country, and in 2015 it was nationally recognized as Feeding America’s Food Bank of the Year. The Houston Food Bank distributes 83 million nutritious meals through its network of 600 food pantries, soup kitchens, shelters, and other hunger relief charities in southeast Texas, feeding 800,000 individuals each year.

Giving Back To Houston

The entire legal team at Raizner Slania was honored to have participated in Food From the Bar and we look forward to participating again next year. If you want to know more about the Food From the Bar program, feel free reach out to Ben Wickert or you can contact us online.

Bair Hugger Staph Infection Lawsuit

California Man Files Bair Hugger Staph Infection Lawsuit

Posted by Andrew Slania on

Raizner Slania has filed a Bair Hugger staph infection lawsuit on behalf of a California man against 3M Company and Arizant Healthcare. The plaintiff suffered from a serious infection as a result of using the device.

In April 2015, the plaintiff underwent surgery during which the Bair Hugger device was used throughout the procedure. Most patients experience hypothermia during operations, which can increase bleeding risks and lengthen hospital stays. The Bair Hugger is composed of a heating device and a blanket with holes. The heating device sucks in air from the operating room, heats it, and pushes the air through the holes in the blanket to regulate the patient’s body temperature.

Because of the Bair Hugger’s design, it not only introduces warm air but also delivers contaminants straight into a patient’s open surgical wound. The contaminants introduced into the plaintiff’s wound during surgery caused him to develop a deep joint infection. The pathogens identified were staphylococcus aureus and rare gram positive cocci.

Staphylococcus aureus, commonly called staph, is bacteria present in the nose, respiratory tract, and on the skin. However, when staph bacteria presents on an artificial joint, the resulting infection is very difficult to treat. Ordinarily, when the body detects bacteria, it triggers a response from the immune system to fight the bacteria. However, the body can’t detect bacteria present on an artificial joint, so the immune system isn’t triggered and an infection quickly develops.

As a result of the staph infection caused by the Bair Hugger, the plaintiff was forced to undergo extensive medical treatment, including aspirations, incision and drainage, irrigation and debridement, PICC line antibiotics, and multi-staged revision and replacement surgeries, including insertion and removal of an antibiotic spacer.

Not only has the plaintiff suffered physically and emotionally from the infection, but he has also suffered economic damages due to the cost of the extensive medical treatment required to fight his infection. The plaintiff believes 3M and Arizant are in breach of express warranty and that the Bair Hugger device is defective in its design and manufacture.

Get Help With Your Bair Hugger Staph Infection Lawsuit

Patients who underwent hip and knee joint surgeries that utilized the Bair Hugger warming blanket had a right to know of the infection risks associated with the device. If you suffered a deep joint infection after hip or knee surgery within the last five years, the experienced Bair Hugger lawyers at Raizner Slania LLP can investigate your claim and pursue compensation on your behalf. Call us today to schedule a free consultation.

Bair Hugger Staph Infection Attorneys

Oregon Woman Files Lawsuit After Bair Hugger Infection

Posted by Jeff Raizner on

Raizner Slania filed a lawsuit on behalf of an Oregon woman after she suffered a severe infection contracted during surgery caused by the Bair Hugger device. The plaintiff believes the manufacturers, 3M Company and Arizant Healthcare, failed to warn her of the infection risks associated with the device.

In October 2015, the plaintiff underwent surgery during which the Bair Hugger Forced Air Warming system was used during her left total hip arthroplasty. As a direct result of the Bair Hugger, contaminants were introduced into the plaintiff’s open surgical wound, causing her to develop a periprosthetic joint infection (PJI). The pathogen identified as the cause of the infection was staphylococcus aureus.

Staphylococcus aureus, more commonly referred to as staph, is a common infection found in hospitals that can be difficult to treat, particularly in joint replacement patients. Although the body is capable of fighting off most bacteria, bacteria present on artificial joints do not trigger the body’s immune system response. This makes post-surgical PJIs very dangerous for patients and can cause serious and life-threatening side effects.

As a result of the infection caused by the Bair Hugger warming blanket, the plaintiff was forced to undergo hip aspiration, irrigation and debridement, and long-term PICC line antibiotics to treat the infection.

While the plaintiff suffered physically from the infection caused by the Bair Hugger warming blanket, she also struggles economically with the cost of additional medical treatment necessitated by the infection the Bair Hugger caused.

The plaintiff alleges the Bair Hugger is defective in design and manufacture and that the companies committed consumer fraud and/or unfair and deceptive trade practices under Oregon state law.

What Is The Bair Hugger?

The Bair Hugger is a heating device used to regulate body temperature during surgery. The device consists of a pump pushing air through a blanket draped over the patient, dispersing the pumped air over the patient through tiny holes in the blanket. Unfortunately for patients, it is now believed the pump system can suck in airborne contaminants, push them over the patient’s body, and force them into open surgical wounds, causing infections.

Raizner Slania: Bair Hugger Staph Infection Attorneys

If you underwent a hip or knee joint replacement surgery within the last five years and suffered from a post-surgical infection, you may be able to obtain compensation for your injuries. Call the experienced Bair Hugger Staph Infection Attorneys at Raizner Slania today to learn your legal options and protect your rights.

Grieving Parents’ Lawsuit Exposes Lack of Concern, Misplaced Priorities within NCAA

Posted by Jeff Raizner on

The Washington Times recently published an in-depth article into the death of Derek Sheely, a fullback at Frostburg State University who collapsed during football practice and never regained consciousness. The official cause of death was traumatic brain injury.

Until an email arrived from a John Doe who identified himself as a teammate of Derek’s, the family thought the death was a tragic accident. John Doe told of negligence by Frostburg coaches, staff and a head coach who belittled Derek for complaining of a headache moments before he collapsed. A concussion test was never performed on Derek who had a head injury bandaged four times from the initial injury two days prior to his collapse.

All of this equals a tragedy but the lack of action by the university and NCAA catapult this to a tragedy that is unbelievable and could readily have been prevented. Derek’s mother wrote a letter to the president of the NCAA and received a four-paragraph reply of sympathies, and then coldly directed her to the organization’s health and safety website. The university promised an inquiry but at press time, no players on the field that day had been contacted for questioning by the school or NCAA. The head coach who told Derek to stop griping was revealed to have a slew of charges from drugs, and trespassing to driving under the influence. Video of the Derek collapsing has disappeared.

Most troubling is the climate around football and injuries. The motto of Frostburg’s team policy in 2011 was “great champions can distinguish between pain and injury.” Players who complained of injury had to clean the field after practice. The NCAA’s “bible” of regulations lists such details as logo size, how big a notecard may be and mentions recruits 495 times; concussions are given 195 words. In a deposition this year in an unrelated federal lawsuit, former NCAA director of health and safety admitted the concussion rule