Attorneys at Our Firm

Firm In The News (Archived)

August 31, 2011

Hollis and Wright is excited to announce that the 2 ndseason of The Attorneys will begin airing Sunday, September 4 th. Be sure to tune in each week as Josh Wright and his team of special guest experts answer your questions and provide helpful information on today's toughest legal issues. The Attorneys airs Sunday night at 10:35 p.m. on WVTM-13. If you have questions related the topics being covered on these upcoming episodes or any other legal issue which impacts your life, contact us today.

Sept 4: Wrongful Death in Alabama (special guest Paul Patterson of Patterson Comer, LLC)

Sept 11: Criminal Law and DUIs (special guest Brett Bloomston of Bloomston & Basgier, LLC)

Sept 25: Estates and Wills (special guest Trent Garmon of Garmon Law Firm)

Oct 2: Divorce and Child Custody (special guest Sandra Gregory of Gregory, Burns & Brashier)

Oct 9: Judge on Alabama Courts (special guest Judge Scott Vowell)

Oct 16: Car Accidents; Who's at Fault (special guest TBA)

Oct 23: Elder Abuse and Nursing Homes (special guest Greg Foster)

Oct 30: Bankruptcy Decisions (special guest TBA)

Nov 6: On the Job Injuries (special guest TBA)

Nov 13: Automobile Product Cases (special guest TBA)


August, 2011

Some of the Zimmer NexGen knee replacement systems have been linked to a high number of problems, including reports of pain, loosening of the implant and failure of the replacement knee leading to revision surgery.

Unlike most knee replacement systems, whereby a type of surgical cement is used to hold the implant in place, the Zimmer NexGen knee is cementless. The lack of cement appears to increase the risk of the knee replacement loosening and/or needing additional surgery to revise the implant. As a result of problems with the design for certain Zimmer NexGen components, many individuals may face an increase risk of early failure. Zimmer had obtained approval for the NexGen knee replacement components through the FDA’s controversial 510(k) approval process, which is a fast-track to market approval that requires that you prove that the device you are releasing is “substantially equivalent” to one already on the market.

In March 2010, data was presented by a group of knee surgeons that indicates nearly 9% of patients who received the Zimmer NexGen CR-Flex Porous Femoral component required revision knee surgery within two years and 36% showed signs of the replacement knee loosening. Furthermore, in September 2010, recalls were issued for several components due to apparent manufacturing defects or design defects.

Recently in August 2011, all federal lawsuits involving problems with Zimmer NexGen knee replacements were consolidated as part of an MDL in the U.S. District Court for the Northern District of Illinois, where they will be centralized for pretrial proceedings.

The Zimmer NexGen knee replacement systems our firm is currently reviewing are the following:

  • MIS (Minimally Invasive Solutions)
  • CR-Flex
  • LPS Flex
  • Gender Solutions

Potential complications include:

  • Knee Replacement Failure
  • Revision or Replacement of Artificial Knee Device
  • Loosening of Replacement Knee Implants
  • Knee and Joint Pain
  • Difficulty Standing or Walking

The attorneys at Hollis and Wright are currently investigating claims involving complications caused by Zimmer NexGen knee replacements. Contact Hollis and Wright today for a free case evaluation.


August, 2011

After significant reported complications, the FDA issued an advisory on July 13, 2011, about surgical mesh implanted in women to strengthen vaginal tissue to repair a common type of pelvic organ prolapsed (POP). Pelvic organ prolapse (POP) occurs when the tissues that hold the pelvic organs in place become weak or stretched. Thirty to fifty percent of women may experience POP in their lifetime with 2 percent developing symptoms. When POP happens, the organs bulge (prolapse) into the vagina and sometimes prolapse past the vaginal opening. Vaginal mesh, which is also referred to as a bladder sling, hammock or pelvic mesh, is a surgical product that is commonly implanted into the vaginal area to prevent pelvic organ prolapse (POP).

In October 2008, the FDA had advised of potentially serious complications related to the use of transvaginal mesh, however the FDA stated these were rare occurrences.

Recently on July 13, 2011 the FDA issued an updated warning notating serious complications with the use of transvaginal mesh, however specifically stating these complications are not rare. Furthermore, the FDA stated that a review of studies and other literature appeared to show little to no health benefits related to the use of transvaginal mesh.

The FDA’s Advisory stated, in part, the following:

Based on an updated analysis of adverse events reported to the FDA and complications described in the scientific literature, the FDA identified surgical mesh for transvaginal repair of POP as an area of continuing serious concern. The FDA is issuing this update to inform you that serious complications associated with surgical mesh for transvaginal repair of POP are not rare. This is a change from what the FDA previously reported on Oct. 20, 2008. Furthermore, it is not clear that transvaginal POP repair with mesh is more effective than traditional non-mesh repair in all patients with POP and it may expose patients to greater risk. This Safety Communication provides updated recommendations for health care providers and patients and updates the FDA’s activities involving surgical mesh for the transvaginal repair of POP.

Click here for a full copy of the FDA Advisory.

The use of these products can lead to the following:

  • Multiple surgeries to remove the mesh which may result in permanent injuries
  • Vaginal Pain
  • Infection
  • Urinary problems
  • Erosion of the mesh into the vagina
  • Pelvic Pain
  • Hardening of the vaginal mesh
  • Injury to nearby organs

The companies involved, with each marketing one or many types of mesh/slings, could include the following:

  • American Medical Systems (AMS)
  • Boston Scientific
  • Bard
  • Johnson & Johnson (Ethicon)
  • Coloplast
  • Caldera Medical
  • Cook Medical
  • Tyco Healthcare

The attorneys at Hollis Wright are currently investigating claims involving women who have had complication resulting from the use of Transvaginal Mesh. Contact Hollis Wright today for a free case evaluation.


August 11, 2011

Hollis and Wright is proud to announce that Greg Foster, Associate, is the new recipient of the HWC Little Elephant Award. The Little Elephant Award is an in-office award created to promote efficiency for our firm and our clients, and is awarded for the most efficient settlement each year when comparing expenses spent to fees generated. Greg is receiving this award for recently settling a case in which the amount of expenses spent to litigate the case were less than 1% of the fees generated for the firm. Efficiency is not only good for our firm, but excellent for our clients as well, as it puts more of the gross settlement into their pockets. Keep up the great work Greg!


August 7, 2011

Senior partner Andy Hollis was interviewed by Jane Mundy of LawyersandSettlements.com for her article “Depakote, Birth Defects and What Abbott Knew–But Didn’t Tell”. In the article, Hollis discusses the high risk of birth defects caused by Depakote and what Abbott Laboratories has not done to ensure women are aware of these risks.

Hollis and Wright is actively pursuing claims against Abbott Laboratories, the manufacturer of Depakote. If you or a loved one has become pregnant while taking Depakote or had a child with birth defects while taking Depakote, contact our firm today.


June 27, 2011

Very exciting news today from CBS! The numbers are in, and last night's episode of 'The Attorneys' was the second most-watched program in its time slot. We appreciate all of our viewers that tuned in for ‘The Attorneys’ and hope that our show continues to reach these and many more as we continue to spread the knowledge on the important legal topics and issues of today.


June 20, 2011

Our attorneys had a busy weekend attending the annual Alabama Association for Justice convention in San Destin for the last few days. They are returning to the office with an abundance of new knowledge, referral sources, and maybe a hint of a tan!

The next round of ALAJ officers were also announced during this weekend’s convention. We are extremely proud to announce that our Managing Partner, Josh Wright, will be serving as the 2011-2012 Secretary of ALAJ! Congratulations Josh!!


May 2011

Both Andy Hollis and Josh Wright have once again been selected as one of the Top Attorneys in Alabama by Business Alabama Magazine. The full list of Top Attorneys will appear in the May 2011 issue of Business Alabama Magazine.


May 31, 2011

Josh Wright attended the Alabama Legislature Session today to assist the Alabama Association for Justice with work on legislative bills.


May 1, 2011

Josh Wright appeared on WVTM-13 as the legal expert for the topic "After the Storm", discussing legal topics including insurance companies responsibility to properly investigate, adjust and pay claims.

Josh Wright

Insurance Bad Faith and Breach of Contract
The April 27, 2011 tornadoes caused death and complete destruction in our state -- killing hundreds. The firm of Hollis and Wright has proudly represented claimants in working with insurance companies after a property and casualty loss. Citizens need to watch and ensure that their carriers are properly investigating, adjusting, assessing loss and paying claims. If a citizen is concerned that an insurance company has failed to comply with its duties, they should feel free to contact us for a free case evaluation.


April 28th, 2011

Alabama Association For Justice Announces Free Help In Wake of Storms
MONTGOMERY Our heartfelt prayers go out to all of those who were affected by the storms to the families of those who died, to those who were injured, and to those who lost and sustained damaged to their homes and businesses. We extend our deepest sympathies to everyone who is hurting right now.

After the clean-up and the grieving, people in Alabama will face the next step of rebuilding their lives after this week's devastating storms. For most, that will mean filing insurance claims to get started with that process.

The Alabama Association for Justice, an organization of attorneys whose mission includes helping injured individuals and families, is offering free help in filing insurance claims for all those in need in the wake of Wednesday's storms.

People requesting help should go to www.alabamajustice.org and fill out the online form. Or they may call the association at (334) 262-4974. The person requesting help will then be matched with a local attorney who can assist with filing the claims and answer questions those affected may have.

"The people who were affected by the storms are in our hearts and prayers. We want to do everything we can to help those affected by the storms. We pride ourselves on serving individuals and families in their time of need. This is one way where we can help," said ALAJ President Courtney French. "The insurance process can be an arduous one and we can help make the process easier."

The Alabama Association for Justice, and its sister organization, the Alabama Civil Justice Foundation have donated nearly $9 million since their founding to charitable causes in Alabama.


April 2011

Hollis and Wright would like to congratulate Andy Hollis  for being selected as 2011 Alabama Super Lawyers , as well as Greg Foster for being selected as 2011 Alabama Rising Stars .

Super Lawyers is a rating service of outstanding lawyers from more than 70 areas of practice who have attained a high degree of peer recognition and professional achievement. The Super Lawyers list names the attorneys in each state who received the highest point totals, as chosen by their peers and through independent research, while Rising Stars names the state's top up-and-coming attorneys. Alabama Super Lawyers magazine features the lists and profiles of selected attorneys and is distributed to attorneys across Alabama, as well as ABA-approved law school libraries. The Alabama Super Lawyers and Alabama Rising Star lists will also be published in the May issue of Business Alabama magazine.


Josh Wright is featured in the Alumni Spotlight of the April edition of Tiger Tales. Follow this link to view the My Auburn Story of Josh Wright.

Tiger Tails


March 2011

Hollis & Wright Investigating Patient Deaths due to IV Contamination
The Alabama Department of Public Health ("ADPH") announced March 29 that 19 patients in six area hospitals were confirmed to be infected with Serratia marcescens, a common Gram-negative bacterium. It is reported by the ADPH that 9 of the 19 Serratia marcescens-infected patients have died. Investigations are ongoing to determine if the patients Serratia strain(s) are identical to those from the TPN solutions supplied by Meds IV pharmacy.

Alabama Hospital Infection - Serratia Marcescens
The solutions, known as TPN (total parenteral nutrition) are delivered to the patients through a catheter that provides direct access to the blood via a vein. TPN is traditionally used for patients who are too ill to eat and need the nutritional support of IV administered nutrition. According to reports from ADPH and the Centers for Disease Control and Prevention (CDC), a single pharmacy known as Meds IV is the source of the mixture provided to the following six hospitals: Baptist Princeton, Baptist Shelby, Baptist Prattville, Medical West, Cooper Green Mercy, and Select Specialty Hospital in Birmingham. Meds IV has sent a recall notice for all of its IV products and has informed the FDA of its voluntary recall efforts. At last count, the FDA report of March 29 confirms 19 cases of Serratia marcescens' infection related to Med IV. According to news reports, all hospitals affected immediately switched suppliers for their TPN stock.

The total number of exposed patients has not been reported and is not known at this time according to State Health Officer Don Williamson. The bacteria at issue, S. marcescens is one of several types termed "enteric bacteria" which are found in the environment and in the intestinal tract of animals and humans. When these types of bacteria contaminate liquids such as water or TPN products, they can multiply rapidly. Once introduced into the blood stream, they may multiply and reproduce within the organs and tissue of the infected patient, causing severe disease and possibly death. These type of hospital-acquired infections are commonly referred to as "nosocomial infections" and often occur in patients whose immune systems are severely compromised, such as those with: indwelling catheters, cancer, immunosuppressive therapy, emphysema, bronchitis, and other internal organ damage.

The toxins from the bacteria can damage or kill tissues and/or organs, resulting in death by a process known as "septic shock." Septic shock is marked by a sharp drop in blood pressure and stagnation in the blood capillaries, resulting in death within a few hours or days.

Cultures have been obtained from samples of the contaminated Meds IV bags, and results should be available within 24 to 48 hours. To date, Meds IV has stopped all TPN production and has recalled all of its mixed IV products that it has sold since January 1, 2011 - including all pain medications, nitroglycerin and dialysis solutions.

Deadly Infections from Intravenous Fluids in 6 Alabama Hospitals For additional information, please see the following articles:
Deadly Infections from Intravenous Fluids in 6 Alabama Hospitals
Contaminated IV solution suspected in 9 patient deaths in Alabama

To have your case evaluated, contact our office for a free consultation. Call 844-529-8255 or email an attorney.

*This press release and information is not intended to provide medical advice. Moreover, the information and facts contained herein are pulled from various sources and are simply what is alleged against Meds IV at this point. The facts that support these statements herein are to be determined using the legal process. No statements herein are intended to be considered by the reader as fact until proven with the legal process.


March 2011

Josh Wright is serving as the 2011 Legislative Chairman for the Alabama Association For Justice. He will be in Montgomery to assist with lobbying efforts for the 2011 General Session, starting March 2, 2011. Special thanks to Greg Foster for his work too this week.


October 2010

Josh Wright will be appearing on Fox 6 WBRC LawCall at 10:30 p.m. on Sunday, October 31st. The topic will be "Injured By A Drunk Driver". Alabama and many other states have laws that hold alcohol servers and bars responsible for harm that intoxicated patrons cause if they have an alcohol related accident. Have you been in an accident involving a drunk driver? What are "dram shop" laws? What damages might you be entitled to? If you have a question about an injury or damages caused by a drunk driver, give us a call. We'll take your questions live.


August 2010

Congratulations to Andy Hollis for being recognized as one of Birmingham's 'Best Lawyers' for Personal Injury Litigation. The 2010 Edition of 'Best Lawyers' was featured in the Birmingham News on August 27, 2010.


August 19, 2010
Birmingham, Alabama
For more information, contact Josh Wright at 324-3600

Yesterday Josh Wright of the law firm of Hollis Wright, and lawyers Heather Leonard and Allwin Horn filed a class and collective action lawsuit on behalf of firefighter Mike Carroll against the City of Birmingham and Mayor William Bell.

"As would be expected, Firemen are brave servants that protect citizens in our community daily. Mike Carroll is no exception," stated Josh Wright, an attorney for the case filed for Birmingham firemen. "He's taken on this claim alone, yet asked that the Court return back overtime to all firemen in the entire City." "That, to me, is what being brave is all about. I commend Mike for his actions and confidence to 'take it on the chin' for the good of the whole."
In part, the Complaint filed in open Court on August 18, 2010 states the following basic claims:

The FLSA overtime standard equals hours of work in excess of 40 in a week. However, the FLSA establishes a higher overtime standard for firefighters and law enforcement officers who are subject to Section 7(k) of the FLSA. Such employees are entitled to overtime only when they have surpassed 53 hours in a week or 212 hours in a 28 day cycle. This is advantageous for municipal employers who have workers, like policemen and firemen, who consistently work more than forty (40) hours in a week. The City is responsible for allowing employees, like Plaintiff, to contribute to his/her Pension Plan up to the hours of overtime, and to match pension contributions pursuant to the Pension Plan itself up to the time an employee hits overtime. As alleged, the City would be responsible for allowing pension contributions, and matching such contributions, until an employee has worked more than 212 hours in a 28 day cycle under 7(K).
As pled, the City unilaterally redefined its "overtime" policy for firemen in early 2009 to lower the overtime threshold from 53 hours a week to 40 hours a week. This in essence allowed the City to eliminate City employees' right to fund their Pension Plan and also eliminated the responsibility for the City to "match" pension contributions after 40 hours in a week or 160 hours in a month. It would have required The City, however, to pay overtime pay to firemen who now worked over 40 hours in a week or 160 hours in a month. Simply put: 40 hours in a week became "overtime." However, as alleged the City has not paid overtime for any hours over 40 hours for the firemen since its unilateral decision in early 2009, which benefited it in not having to fund pension contributions. This fact is true notwithstanding that The City lists all hours above 40 hours on a firemen's paystub as overtime.
"These firemen are working over 200 hours a month, and should be properly compensated for their time," stated Josh Wright, one of the attorneys that brought the class and collective action for the City of Birmingham firemen. "The city is attempting to have its cake, and eat it too. By changing the overtime threshold from 212 hours to 160 hours, the City does not have to pay pension matching contributions over 160 hours a month for each fireman. Pension contributions are made by employees, and matched by the City only up to overtime pay. However, as we have alleged, the City has also decided not to pay overtime over 160 hours for these employees. The City saves on pension funding above 160 hours, and also doesn't have to pay overtime pay to the firemen? You just cannot do that; this lawsuit is an attempt to stop this clear inequity and properly compensate our hard-working firemen," stated Wright.
At the same time these firemen are being cut overtime, the City is now attempting to cut their pay by as much as 20% per month in the coming weeks. "The lawsuit comes at a perfect time to highlight the City's poor decision making related to how it compensates its firemen," stated Heather Leonard, another attorney for Mike Carroll.
In a collective action claim, the suit allows other firemen to join the action if they desire to recover too.


June 19, 2010

The Firm would like to congratulate our Managing Partner, Josh Wright for being elected as the 2010 Treasurer for the Alabama Association for Justice (formerly the Alabama Trial Lawyers Association). Again, Congratulations Josh...we know you'll do a fantastic job!!


May 2010

The Firm is proud to announce that Andy Hollis and Josh Wright have both been recognized in the 2010 edition of Alabama Super Lawyers, an independent lawyer rating publication. The selections for Alabama Super lawyers are made by Law & Politics, a division of Key Professional Media, Inc. Each year, Law & Politics undertakes a rigorous multi-phase selection process that includes a statewide survey of lawyers, independent evaluation of candidates by Law & Politics' attorney-led research staff, a peer review of candidates by practice area, and a good-standing and disciplinary check. Only five percent of the lawyers in the state are named by Super Lawyers . Congratulations to Andy and Josh for once again earning this prestigious recognition!

In addition, both Andy Hollis and Josh Wright have also been awarded a rating of AV Preeminent by the Martindale Hubbell Peer Review, the highest possible rating in both legal ability and ethical standards. The AV Preeminent Rating is the "pinnacle of professional excellence earned through a strenuous Peer Review Rating process that is managed and monitored by the world's most trusted legal resource."

Josh Wright has also been recognized as one of the Top Attorneys in Alabama in the May 2010 edition of Business Alabama Magazine.


March 2010

Congratulations goes out to both Andy Hollis and Josh Wright, who were chosen as part of B-Metro's list of Top Lawyers in Birmingham, featured in their March 2010 issue.

http://www.b-metro.com/main.asp?page=1480


September 15, 2009

Hollis and Wright has finally gone live on Facebook, Twitter, and MySpace! As more and more people become members of at least one, if not all, of these social networking sites, how could we resist this opportunity to keep our clients, friends, and extended HWH family as up-to-date as possible on the happenings of the firm. Followers of any of these sites will be able to receive updates and notifications of what goes on here at Hollis and Wright. Below you will find direct links to the firm's pages at Facebook, Twitter, and MySpace. We welcome everyone to join us on any or all of these sites to stay "in the know" on Hollis and Wright.

Facebook: http://www.facebook.com/business/dashboard/#/pages/Birmingham-AL/Hollis-Wright-and-Harrington-PC/135838481843

Twitter: http://twitter.com/hollis_wright

MySpace: http://www.myspace.com/holliswrightandharrington


PRESS RELEASE - August 25, 2009-- $3.76 million verdict for Josh Wright

On July 29, 2007, Derrick Marshall, a 19 year old college athlete, drowned at a family reunion at the Roadway Inn on the Eastern Blvd. in Montgomery, Alabama. The Montgomery County Health Department had previously shut the pool down because the pool was "too cloudy." It was alleged that the hotel provided access to the pool notwithstanding the County mandate to shut down, and failed to have appropriate safety equipment to save Derrick Marshall.

Derrick Marshall drowned in the deep end and was unable to be found for 10-12 minutes due to the cloudiness of the pool. Although Derrick did not die immediately after the event, he was left in a permanent vegetative state for over four (4) months. He later died as a result of his injuries in Jackson Hospital.

A lawsuit was filed on September 7, 2007 against the hotel for negligence and wantonness. A general manager was later added as a party. On August 25, 2009, a verdict was rendered in the Circuit Court of Montgomery County in favor of the Estate of Derrick Marshall. The verdict was in the amount of $3,766,000.

"This verdict today sends a powerful message to this hotel, its management and ownership, as well as other public hotels around the State of Alabama," said Josh Wright of the law firm of Hollis and Wright in Birmingham, Alabama. "If you fail to follow reasonable standards in the operation and management of public pools, you have to answer to an Alabama jury. This is a terrible tragedy that was very preventable as we see it," Wright said.

The mother of Derrick Marshall, Debra Miller, indicated "We are very pleased with the result from this jury. After over two years of legal work, it was time for this decision by the jury. We thank the jury and judge for their hard work in rendering such a just verdict for my son Derrick. We hope this verdict will deter others in the future."


March 2009

Congratulations to Kathryn Harrington for being chosen as one of Birmingham Magazine's "Top Attorneys", featured in their March 2009 issue. The Firm is also featured in this issue with a two-page spread in {Portfolio}, a special promotional section featuring profiles of premier law firms in the Birmingham region.

http://www.shawanderson.com/BirminghamMagazine.pdf


June 2008

On June 17, 2008, Hollis and Wright and Charles E. Wilson, a Jefferson County resident, filed a class action lawsuit to recover, among other things, exorbitant brokerage fees that were paid to brokers and investment banks around the country by Jefferson County. Some of these fees were six times the normally accepted rate, which as alleged could total as much as $100 Million. Named in the suit are Jefferson County Commissioners, various local and national investment banks, and multiple brokers that did business with the Jefferson County. It is alleged that the brokerage fees, in addition to other costs and expenses, caused Jefferson County Residents' water and sewer costs to increase by over 300%.

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