Taishan Gypsum Finally Responds to Defective Product Lawsuit

NJ Trial Attorneys - Defective Products — Taishan Gypsum, Chinese manufacturer of drywall, will appeal the ruling that finds them liable for over 2 million dollars in repair costs.

In April, we posted an update of the litigation surrounding the Chinese company Taishan Gypsum, and the defective drywall they manufactured and exported the the United States. Judge Eldon Fallon awarded seven families in the Eastern district of Louisiana 2.6 million dollars for the damages caused them by the sulfuric acid emitting drywall. But because Taishan Gypsum is a foreign manufacturer, and there are currently no laws in place that hold them liable for their defective products, there was question as to whether or not these families would ever see a penny of the money owed them.

Defective Manufacturers Finally React

After not responding to the initial suit, the default judgement made in November by Judge Fallon, or any other attempts U.S. attorneys made at contacting them, Taishan Gypsum has finally made a move. On June 10th, Taishan Gypsum, manufacturer of defective drywall, filed an appeal of Judge Fallon’s ruling. This appeal marks the first time Taishan Gypsum has responded to a lawsuit in the United States. They will appeal to the Fifth Circuit Court of Appeals, including any and all rulings made by Judge Fallon. Judge Fallons 2.6 million dollar award amount comes from a the sum of the costs of all of the demolition and renovation of each of the seven families’ homes.

To read previous posts regarding Taishan Gypsum, click below:
Defective products are dangerous products, potentially causing injury or death
Taishan Gypsum Victims awarded $2.6 Million – Money They May Never See

What to do if You Believe You are a Victim of a Defective Product

Hopefully, justice will be done, and Taishan Gypsum will be forced to provide recoveries to the families whose lives were turned upside down by the defective products they were manufacturing. If you or a loved one have been negatively affected by a defective product, you will need help, and the attorneys at the Mininno Law Office are eager to offer that help. Let us get you the compensation you deserve. Contact us for a free case evaluation, or call us for a free consultation at 856-833-0600 in New Jersey, or 215-567-2380 in Philadelphia.

BP and Transocean Could Escape Sufficient Liabilty

BP's liability diminished by current laws of the high seas Gordon Jones, a 28 year old engineer, was killed in the blast on the Transocean rig, Deepwater Horizon, that caused the horrendous BP oil-spill . Jones left behind a widow, a toddler, and an infant.

Who Will Pay for Deadly Defects?

Unfortunately, laws that are currently in place could prove very detrimental to recovery attempts made by Jones’ family, as well as other injured victims on the rig. The Death on the High Seas Act
(DOHSA), one of the reasons payouts may be insufficient, was ammended in 2000 to help victims of TWA flight 800, but those protections were not also applied to those killed on vessels like the Deepwater Horizon. BP’s liability is, at this time, very limited, because of the DOHSA. Also limiting the liability of BP and Transocean are the Oil Pollution Act (OPA), and the Limitation of Liability Act (LOLA).

The OPA caps BP’s liability at 75 million dollars. That amount won’t even scrape the surface of the cost to Gulf Coast homeowners and businessowners. Transocean is using LOLA to limit their liability costs to just 27 million, as LOLA allows them to claim only responsibility for their destroyed rig. The law was passed in 1851 to protect owners who did not have control of their own vessels, but seems irrelevant today, when insurance and communication are no longer a problem.

President of the American Association for Justice, Anthony Tarricone, had this to say about the situation surrounding BP and Transocean’s liability:“Unless these laws are amended, BP can look forward to significant immunity, while the families of the workers killed and injured by the original explosion, as well as shrimpers, oystermen, fishermen, hotels, and restaurants, will face an uphill battle for justice.”

Has a Defective Product Affected You?

We here at the Mininno Law Office are grealty troubled by the effects of the oil spill on the gulf coast, it’s wildlife, and the surrounding homes, and places of business. That is why we firmly believe that BP and Transocean should not be able to make it out of this without compsenating correctly those who have been affected. If you have been affected by any sort of defective product, the attorneys at the Mininno Law Office are here to help. Manufacturers must always be held liable for their products. Contact us for a free case evaluation, or call us at 856-833-0600 in New Jersey, or 215-567-2380 in Philadelphia.

A NY Hospital Not Liable in Medical Malpractice Suit

Vincent Liew was the victim of Medical malpractice, but courts thought otherwise. — Vincent Liew died 7 months after receiving a kidney transplant from a cancer infected donor.

A medical malpracticesuit ended in heartbreak for a Queens woman when the NYU Langone Medical Center was found not liable for the death of her husband after a kidney transplant.

The Story Behind Liew’s Medical Malpractice Case

Vincent Liew was 37 years old when he received a call from the hospital that they had a finally found him a matching kidney. He had been awaiting the kidney for five years, and was receiving dialysis treatments three times a week. On February 25, 2002, Vincent underwent the transplant, the organ coming from 50 year old Sandy Cabrera who died of a stroke the day before.

The surgery was successful, and everything was fine. That is, until Sandy Cabrera’s autopsy six weeks later. The medical examiner who performed the autopsy notified Liew’s doctors that Cabrera had an aggressive uterine cancer that had started to spread to her lungs. Upon discovery of the information, Liew’s doctors assured both him and his wife Kim that they were 99.9% sure that Vincent would not acquire the disease. Their reasoning being that the cancer was from an organ that Liew did not have, and therefore it was highly unlikely he would become sick. Four months later, doctors found a cancerous tumor on Liew’s new kidney. The kidney was removed, but Liew was dying.

He died three weeks later; cancer acquired from the donor his cause of death. Kim Liew sued the hospital for medical malpractice, but lost. The Queens jury found that the hospital and Liew’s doctors provided the best possible care. Though it seems they took a chance on him, and lost. They gambled with a man’s life. Two other patients who received organs from Cabrera also died.

Who is to blame for Medical Malpractice?

Transplanting organs ravaged by cancer is most definitely an instance of medical malpractice. Perhaps the doctors who performed the surgery are not liable. But what about the doctors who screened the patients before their eligibility for organ donation? What about the company that harvested the organs? A man has lost his life, a wife her husband, because of a gross case of negligence. This kind of medical malpractice can not go unpunished. If you or a loved one have suffered from what you believe is a case of medical malpractice or negligence, than do not hesitate to contact the medical malpractice attorneys at the Mininno Law Office. We are here to help you through this difficult time, and to get you the compensation you deserve. Contact us for a free case evaluation, or call us at 856-833-0600, or 215-567-2380 in Philadelphia.

Nursing Home Abuse Puts Former CEO in Prison

Nursing Home Abuse - Mininno Law Office — Havenwood Rehab Center was shut down in July of 2005 upon discovery of severe nursing home abuse and neglect.

On Friday, May 21st, Karen Mason (57), the former CEO of Havenwood Nursing and Rehabilitation Center in Milwaukee, Wisconsin, was sentenced to two years in prison and 3 years probabation for tax evasion. The 315 bed nursing home, of which she was CEO, administrator, and part owner, has been closed since July of 2005, when inspectors shut the facility down after discovering severe cases of nursing home abuse and neglect. A few of those nursing home abuse cases included patients being refused baths and clean sheets, and a man who jumped to his death after facility staff members failed to report his suicide threats.

In Mason’s time at Havenwood, she took money from a resident’s trust fund, from an employee’s 401(k) account, and from Havenwood bank accounts. Police allege that her theft totaled a little over 1 million dollars. The money went towards personal purchases for Mason; furniture, carpeting, jewelry, cars, concert and sporting event tickets, vacations, payments to the Milwaukee Yacht Club, and a wedding and honeymoon for one of her children.

Mason: Guilty of Nursing Home Abuse

Mason was sentenced in 2008 to 15 months in the Milwaukee County House of Corrections after being found guilty on felony charges of theft and abuse of a patient causing physical harm. That ruling also required Mason to pay back $20,696 to a Havenwood employee’s 401(k) account, and $64,435 to a Havenwood bank account.

The tax evasion case found that in 2004, Mason took in $642,000 in income. Of that total, $212,000 was salary from the facility, and the rest of it stolen. She paid taxes on none of it.

Mason was so busy stealing from her own company and living her lavish life, that she failed to make sure the residents in her nursing home were being properly cared for. The inspections by the Wisconsin Department of Health and Family Services that shut the facility down found “dire conditions” within the home, involving the health and safety of residents. They were also tipped off by employees of possible medicare fraud.

Victims of Nursing Home Abuse: Seek Help!

Nursing home abuse is a serious problem in nursing homes and other long term care facilities. And as you’ve read, it’s not always physical abuse. In Havenwood’s case, much of the nursing home abuse was in the form of theft and fraud. If you or a loved one have suffered any kind of nursing home abuse or negligence, you’ll need to seek the assistance of a nursing home abuse attorney. The nursing home abuse attorneys at the Mininno Law Office are eager to represent you and help you get the compensation you deserve. Contact us for a free case evaluation, or simply call for a free consultation at 856-833-0600 in New Jersey, or 215-567-2380 in Philadelphia.

Surveillance Video Captures Alarming Nursing Home Abuse

Jesse Joiner, guilty of Nursing Home Abuse — Jesse Joiner, 56, accused of nursing home abuse and theft at the William O. Benenson Rehab Center in Queens, NY.

A video of nursing home abuse captured by a hallway surveillance camera in a NewYork City nursing home has landed 56 year old nurse Jesse Joiner in jail on criminal charges . The nursing home abuse video shows Joiner leaving a medical cart to tend to a patient sitting in a wheelchair. What happens next is troubling. Joiner seems to jerk the wheel chair to the left, tossing Jane bills, the 85 year old resident with dementia,out of her chair and onto the floor. Then, Joiner simply walks away! She leaves the room for a small amount of time, and upon re-entering, ignores the patient again. She continues walking and leaves view of the camera a second time from a different exit. A male staff member enters the room a minute later, sees the patient on the floor, looks around, and leaves. Finally, Joiner and the male staff member re-enter, lift the resident off the floor, and sit her back in her chair. The resident suffered a broken hip.

Joiner’s attorney, who says he has not seen the video, claims that Joiner was not guilty of nursing home abuse, and that the patient caused her own fall; that Joiner went over to help the woman who then threw herself out of the chair. The video shows otherwise. Jesse Joiner has also been accused of stealing 2 dozen painkillers from the facility that same night.

The Dr. William O. Benenson Rehabilitation Pavillion, the nursing home where Joiner worked, is a 4 our of 5 star government rated facility, having only minor deficiencies in housekeeping and maintenance related areas. A spokesperson for the nursing home has called Joiner’s alleged deeds “unacceptable.” Joiner could face up to 7 years in prison.

WATCH NURSING HOME ABUSE VIDEO HERE

If you or a loved one have been victimized by nursing home abuse or negligence, the nursing home abuse attorneys at the Mininno Law Office are here to help. Contact us for a free case evaluation or call us at 856-833-0600 in New Jersey or 215-567-2380 in Philadelphia.

The 10 Worst Nursing Homes in the Tri-County Area: #1

Gloucestor Manor is the worst nursing home in the tri-county area. — Nursing Home Abuse is affecting elderly residents and their families nationwide.

Gloucester Manor (Gloucester)

And the number 1 nursing home guilty of nursing home abuse is the Gloucester Manor in Sewell, New Jersey. Gloucester Manor is a for profit corporation participating in Medicare and Medicaid, and containing 139 beds. Inspectors reported a number of deficiencies (which could potentially lead to nursing home abuse) after two inspections. Those deficiencies included failures to:

Only hire people without legal history of abuse or neglect
Protect each resident from all abuse, physical punishment, and being separated from others
Provide care that supports the highest quality of life
Provide professional services that follow each resident’s personal care plan
To meet all residents nutritional needs
Develop a complete care plan that meets all of the resident’s needs
Provide immediate updates to residents’ doctors and families should their health, treatment, or state of being change
Provide care that keeps or builds dignity and respect
Store, cook, and serve food in a safe and clean way
Have drugs and other similar products available that are needed in emergencies or for everyday use, and give them out properly
Keep medicinal error rates below 5%
Properly mark drugs
Keep necessary equipment functioning safely and properly
Make sure areas were free of hazardous and dangerous obstructions
Provide necessary housekeeping and maintenance
Review the work of nurses’ aides and provide them with new training yearly

Nursing Home Abuse: A disturbing number of deficiencies is followed by an equally disturbing number of negative trends among patients in the facility. Quality Measures inspections found the nursing home to have higher than National and/or New Jersey percentage averages when it came to:

Long stay and short stay residents with moderate to severe pain
High risk long stay residents with bedsores
Low risk long stay residents with bedsores
Long stay residents who were physically restrained
Long stay residents who are more depressed or anxious
Low risk long stay residents who lose control of their bowels or bladder
Long stay residents who have catheters inserted and left in their bladders
Long stay residents with urinary tract infections
Long stay residents who lose too much weight
Short stay residents with bedsores

What to do If You Suspect Nursing Home Abuse

The amount of nursing home neglect and nursing home abuse that Gloucester Manor is guilty of is quite appalling. The services they provide are surely not professional, and their quality measures inspections seem to prove that they are hurting more residents then they are helping. I hope this series as illustrated for readers the amount of nursing home abuse and neglect that takes place in the long term care industry. Our ill senior citizens need us to stand up for their rights, as they can do it for themselves.

The nursing home abuse attorneys at Mininno Law Office are dedicated to fighting for those who have been wronged by acts of nursing home abuse or negligence. If you or a loved one needs help regarding something that happened in a nursing home or long term care facility, contact us for a free case evaluation. Or simply call us at 856-833-0600 in New Jersey, or 215-567-2380 in Philadelphia.

Note: Conclusions in this blog about nursing home abuse were formed from data provided by the State of New Jersey Department of Health and Senior Services and Medicare .

The 10 Worst Nursing Homes in the Tri-County Area: #2

old man — Nursing Home Abuse is a growing epidemic in our long term care industry.

Manorcare Health Services (Gloucester)

Manorcare Health Services in West Deptford, New Jersey is number 2 in our list of the ten nursing homes in the tri-county area guiltiest of nursing home negligence or nursing home abuse. It’s also the first facility we’ve seen in the list from Gloucester County. Inspectors reported some deficiencies in the facility that we have yet to see in any of the other nursing homes we’ve mentioned in this list. The home was noted to have failed in the following areas of the inspection:

Hiring only people who have no legal history of abusing, neglecting, or mistreating residents
Reporting and investigating any acts or reports of abuse, neglect, or mistreatment of residents
Giving residents necessary care to prevent bedsores or heal existing ones.
Giving care that supports the highest possible quality of life
Making sure residents nutritional needs were met
Reviewing drug regimes, and having licensed pharmacists check drug regimens monthly as to keep medicine error rates below 5%
Storing and preparing food in a safe and sanitary way
Making sure common areas are free of hazardous obstructions
Providing necessary housekeeping and maintenance
Keeping accurate medical records

Nursing Home Abuse: Also disheartening was the fact that very low percentages of both long and short stay residents received flu shots and pneumococcal vaccinations. The facility was found to have higher than National and/or New Jersey percentage averages when it came to long and short stay residents suffering from moderate to severe pain, long and short stay residents who develop bedsores, long stay residents whose physical independence became limited, long stay residents who became more anxious or depressed, long stay residents who have catheters inserted and then left in their bladders, and long stay residents who lose too much weight. The facility was also reported to lack any effective procedure to prevent the spread of infection.

The most disturbing of these deficiencies is that the facility received reports and accusations from residents or their families of nursing home abuse and neglect, and never took any steps to investigate them. That means that negligent and abusive staff members acted virtually free of consequence. Nursing home abuse should never go free of consequence. Our ill senior citizens should be cared for with the utmost respect. The alarming trend of nursing home negligence and abuse has to be halted somewhere. It seems that now, the only way to do it is to hit the facilities financially with nursing home abuse law suits.

Victims of Nursing Home Abuse: Take Your First Step

The Nursing home abuse lawyers at the Mininno Law Office are dedicated to righting the wrongs caused by nursing home negligence and nursing home abuse. If you or a loved one have been hurt by nursing home abuse at a long term care facility, don’t waste anymore time.
Contact us for a free case evaluation, or call us at 856-833-0600 in New Jersey, or 215-567-2380 in Philadelphia. Let us get you the compensation you deserve.

Note: Conclusions in this blog about nursing home abuse were formed from data provided by the State of New Jersey Department of Health and Senior Services and Medicare .

The 10 Worst Nursing Homes in the Tri-County Area: #3

old lady 2 — Nursing Home Abuse is turning long term care facilities into frightening and dangerous places to live.

Manorcare Health Center (Camden)

The third place facility in our blog series is the Manorcare Health Center in Cherry Hill, New Jersey. Manorcare is a for profit corporation that participates in Medicare and Medicaid and holds 108 certified beds. Inspectors found that the quality of care Manorcare was providing to its residents was far less than professional or satisfactory (nursing home abuse). The facility staff failed to:

Make sure residents nutritional needs were met
Give care or service to get or keep the highest quality of life
Make available for residents the results of facility surveys and inspections
Properly hold, secure, and manage each resident’s personal money, which is deposited with the nursing home
Provide care that keeps or builds dignity and respect
Advise residents whether or not they are eligible for Medicaid benefits, and if so, how those benefits can affect them and how they can apply
Carefully review drug regimens to avoid errors
Have a licensed pharmacist check each residents’ drug regimens monthly
Make sure common and traffic areas are free of dangers that can cause accidents
Provide adequate housekeeping and maintenance
Provide rooms that are appropriately sized for residents
Keep accurate medical records

Nursing Home Abuse: It seems that Manorcare of Cherry Hill may be more interested in turning a profit that in caring for our elderly and sick. Not offering Medicaid options to those that can use them, and mishandling personal funds of residents all point towards an administration that is solely focused on the bottom line. Also a cause for a concern is the higher percentages of residents losing control of their bowels or bladders, having catheters left inside their bladders, and developing urinary tract infections. These surely are signs of staff negligence.

If You Have Been Victimized by Nursing Home Abuse, Speak Up!

Nursing home abuse and nursing home negligence are very prevalent in long term care facilities across America. The priority of the health and well being of our loved ones is being replaced by the priority of profit. Do not remain silent if you or a loved one have been hurt by nursing home negligence or abuse. The nursing home abuse attorneys at the Mininno Law office are dedicated to righting the wrongs done by negligent, abusive nursing homes. Contact us for a free case evaluation, or call us at 856-833-0600 in New Jersey, or 215-567-2380 in Philadelphia.

Note: Conclusions in this blog about nursing home abuse were formed from data provided by the State of New Jersey Department of Health and Senior Services and Medicare .

The 10 Worst Nursing Homes in the Tri-County Area: #4

old man 2 — Nursing Home Abuse is having a serious effect on our confidence in nursing homes and the care they provide.

Lakewood of Voorhees (Camden)

Our fourth place facility in the list of the ten worst nursing homes in the tri-county area is the Lakewood of Voorhees nursing home. Lakewood is a for profit corporation participating in Medicare and Medicaid, and holding 240 certified beds. Inspectors have found the facility to be guilty of nursing home negligence and nursing home abuse, and to be failing on a large number of counts to provide high quality, professional, and attentive care. Lakewood has a number of severe deficiencies involving their drug administering procedures, as their medicinal errors rate was above well above 5%. Aside from not letting able-bodied and mentally capable residents administer their own prescriptions, they distributed the wrong dosages of the wrong drugs to the wrong patients on numerous occasions, and failed to deal with the subsequent effects accordingly. They also failed to have a licensed pharmacist regularly check the drugs the residents were taking.

Also among their shortcomings were their failure to keep common areas free of accident hazards, their failure to provide clean, sanitary, safe, and comfortable environments for residents, and their failure to keep a sanitary place to store and prepare food. Their housekeeping and maintenance procedures were lacking, and all of the hallways did not have firmly secured handrails on both sides.

Nursing Home Abuse: Quality measures inspections found the facility to have lower than National and New Jersey percentage averages when it came to the number of patients that received flu shots and pneumococcal vaccinations. They were found to have higher than National and/or New Jersey percentage averages in all of the following categories:

Long and short stay residents with moderate to severe pain
High risk long stay residents who develop pressure sores
Low risk long stay residents who develop pressure sores
Long stay residents who were physically restrained
Low risk long stay residents who lose control of their bowels or bladders
Long stay residents who spend most of their time in a bed or chair
Long stay residents who had urinary tract infections
Short stay residents who develop pressure sores

Nursing Home Abuse: The mere fact that long and short stay residents are developing bedsores is a sure sign of a negligent and abusive staff. Perhaps it has to do with their lack of procedure, or perhaps it is that the staff is overworked and underpaid. Whatever the reason, it does not excuse the poor treatment and low quality care that Lakewood of Voorhees is providing to our elderly loved ones. Nursing home abuse is negatively affecting senior citizens and their families all over, and we must work together to make change.

Nursing Home Abuse and The Mininno Law Office

The nursing home abuse attorneys at the Mininno Law Firm are dedicated to working hard for those that have been victimized by long term care facility abuse. Contact us for a free case evaluation, or call us at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Note: Conclusions in this blog about nursing home abuse were formed from data provided by the State of New Jersey Department of Health and Senior Services and Medicare .

The 10 Worst Nursing Homes in the Tri-County Area: #5

old lady 3 — Nursing Home Abuse is a serious epidemic in the long term care industry. The attorneys at the Mininno Law Office are dedicated to doing their part in eradicating it.

Manor Care, Voorhees (Camden)

Fifth on our list of the ten worst nursing homes in the tri-county area is Manor Care in Voorhees, New Jersey. Manor Care is a for profit corporation participating in Medicare and Medicaid, and holding 120 certified beds. Manor care was found to have some very disturbing deficiencies (nursing home abuse). Inspections found that they failed at the following essential tasks of a nursing home or long term care facility:

• to provide treatment to prevent new bedsores or heal existing ones
• to make sure residents are safe from medicinal errors
• to make sure areas are free of dangers that can cause accidents
• to have a program in place that will prevent the spread of infection
• to keep residents apart from other residents if he/she has a communicable infection
• to keep accurate and appropriate medical records
• to review the work of nurses aides and provide the most up to date training for existing or new nurses aides
• to promptly give Doctors lab results
• to develop care plans that carry on after the residents’ stay
• to give care and service to get or keep the highest quality of life

Nursing Home Abuse: They were also found to have SIGNIFICANTLY lower than both National and New Jersey percentages when it came to patients that were given flu shots and pneumococcal vaccinations. They had higher than National and/or New Jersey percentages when it came to long and short stay residents with moderate to severe pain, high risk long stay residents with bed sores, long stay residents who are depressed or anxious, low risk long stay residents who lose control of their bowels or bladder, long stay residents with urinary tract infections, long stay residents who lose too much weight, and short stay residents who develop bed sores.
Bed sores are a sure sign of nursing home abuse and negligence, and if both long and short stay residents are developing them, Manor Care in Voorhees is guilty of being negligent. Nursing home abuse and negligence are an epidemic in the long term care facility industry, and serious steps must be taken to eradicate it.

The Mininno Law Office Wants to Help You

If you or a loved one have been negatively affected by negligence or nursing home abuse, contact Mininno Law Firm for a free case evaluation. These facilities must suffer the consequences of their inattentive and lackluster care. You could also call us for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Note: Conclusions in this blog about nursing home abuse were formed from data provided by the State of New Jersey Department of Health and Senior Services and Medicare.