Nurse Facing First-Degree Murder Charges for the Deaths of Eight Residents

A Canadian nurse, Elizabeth Tracey Mae Wettlaufer, has been accused of intentionally poisoning eight residents in an assisted-living facility from 2007 to 2014. Wettlaufer’s alleged victims range from age 75 to 90 and were residents at Carressant Care Nursing and Retirement Home in Woodstock. Ontario police say the poisonings took place in two Ontario facilities and were alerted to the activity by a tip claiming Wettlaufer had killed multiple patients.

Five women and three men are alleged to be Wettlaufer’s victims. They were killed using a fatal dose of an administered drug. Wettlaufer first registered as a nurse in 1995 and resigned from the Colleges of Nurses of Ontario one day before the investigation began. Police are not discussing motive at this time, but the homicides mark the most murder charges levied against a single individual since 2006.

Nursing home negligence and abuse often occurs behind closed doors and can be difficult to detect. At John Michael Bailey Injury Lawyers, our dedicated nursing home negligence attorneys believe in holding the appropriate parties accountable for elderly residents’ injury and untimely death. If you suspect a loved one is being neglected or abused by a nursing home, call our Memphis offices at (866) 537-1881.



Prescription Drug Injury and Class Action Lawsuits

Lawsuits involving prescription drugs and medical devices have garnered much attention over the past decade. Many of the new drugs and medical devices being made available on the market are more harmful than beneficial. Many people have been horribly injured by these medications and devices and are entitled to compensation; however, many people do not know how to make this happen. A short look at how these cases are handled by attorneys will inform you on everything you need to know about filing a claim for compensation.

First, let us look at some background information on class action lawsuits. All class action lawsuits begin as an individual case. A mass tort is created if the court system discovers that there are an unusually large number of cases being filed against a specific manufacturer. By definition, a mass tort is a civil action that involves many plaintiffs filing against a single defendant or several defendants that are connected a single product or service. Attorneys often advertise ongoing litigation to involve as many Plaintiffs as possible for the mass tort lawsuit. The courts will then allow the case to be litigated throughout multiple districts.

Multi district litigation is the first step in creating a class action lawsuit. If a class action suit is then created everyone who has an open case against the manufacturer will have the option to join the suit. Most clients choose to join the suit because it gives them the additional legal power needed to fight against large corporations with impressive legal teams.

Once a class action is established, the court will set a hearing date and anyone who has been injured by this product has until a specified date before the trial begins to join the suit. In some cases, this can last for up to two years.

If the Plaintiffs win the case, the court will also create a fund for people to join the lawsuit after-the-fact. This sets a time period for anyone to make a claim that was unaware of their injuries or of the possible compensation. For example, the mesothelioma case was settled 30 years ago, but the courts have chosen to let the case remain active for an extended period of time because of the time it takes for the disease to occur after exposure to asbestos.

Whichever option you as a client choose, remember to consult an attorney and make sure you entirely understand what to expect from a class action lawsuit. Your attorney can give you the most accurate advice on legal options regarding your specific injury and determine the best choice for your type of case.

There are often many advantages of joining a class action lawsuit. The national recognition of the problem leads to higher settlements. The group effort of many attorneys creates a very aggressive defense for every injured party. The court may overlook come issues in order to grant more rights to the injured parties. Also, the settlements in class action lawsuits are larger than individual settlements.

There are also disadvantages of joining a class action lawsuit. The case will take longer to reach a settlement than an individual case. Joining a class action lawsuit does not guarantee a victory in court. Settlement payments can take much longer to disburse to Plaintiffs. There is also a risk that the manufacturer can appeal if the cost is higher than what it previously anticipated. This will delay any form of compensation until the appeal process is over.

There are also advantages to filing as a single Plaintiff. The court must address your individual injuries to award compensation, and the process of filing as a single Plaintiff is often much shorter than a class action lawsuit. When filing as an individual, the Defendant is more likely to offer you a settlement out of court, avoiding legal expenses. Also, if you file a suit as an individual you will have more personal interaction with your attorney regarding your case.

While there are advantages to filing as a single Plaintiff, there are also disadvantages. A single Plaintiff will not have the same evidence present in a class action lawsuit. Drug and medical device manufacturers can become quite aggressive against your case because they fear it will lead to other lawsuits. The compensation could be less than what you would receive in a class action lawsuit, and the court may even require you to join a class action suit in order to receive compensation.

If you have been injured by a medicine or medical device, you should speak to a personal injury attorney to determine your rights as a victim. At that time, the attorney will discuss with you the option of filing a single case against the manufacturer of the product or joining a class action lawsuit. Both types of cases have advantages and disadvantages, and deciding which one to use will be a decision best made with legal advice.



What is the JMB Guarantee?

The JMB GUARANTEE is a lot of things, but, first and foremost, the heart and soul of the JMB GUARANTEE is that, if there is a recovery in a case we handle, our client gets more money from the case than we do in legal fees. Not every firm in our area practices that way and we are very proud to say that we recognize that it is the client’s case and the client’s injuries so it only make sense that the client should receive more money in any settlement or recovery than the lawyer does in a fee. This is the heart and soul of the JMB GUARANTEE, that the client makes more money in any settlement than the lawyer gets in fees.

The JMB GUARANTEE also means that we will do all we can to meet your needs and client service expectations. You will have an attorney and paralegal assigned to your file, not simply a case manager as some other firms do. That attorney and paralegal will each call you and introduce themselves to you as your attorney and paralegal and will be available at all times to answer your questions and to keep you abreast of all matters pertaining to your case.

The JMB GUARANTEE means that you will have a licensed attorney negotiating your claim, not a case manager that some firms call an adjuster. The JMB GUARANTEE means that we are not afraid to fight for you in Court should the insurance company refuse to make a fair offer of compensation for your injuries.

The JMB GUARANTEE means that you can always talk to me. If you are not satisfied with your client experience in any way, you can call me directly. I give you the JMB GUARANTEE that I will take immediate corrective action to ensure that your needs as a client are being promptly and professionally met.

Now, let me tell you what the JMB GUARANTEE is not. It is not a guarantee of results. No lawyer can guarantee results and we don’t imply by the use of the JMB GUARANTEE that we can achieve any sort of result. By the use of the JMB GUARANTEE, we state what we can guarantee, that is that we will do all we can to meet your needs and client service expectations. In the event that we are able to recover money on your behalf, our guarantee is that you as a client will receive more money than the firm will in legal fees.

Thanks for stopping by to read about the JMB GUARANTEE and if you have any other questions, please give our Tupelo or Memphis personal injury lawyers a call at 866-537-1881.