Personal Injury & Wrongful Death

Lasik vision correction surgery has been performed in the United States for almost ten years. It has become a massive business with specialized centers opening in most markets and advertising freedom from glasses. However, not everyone’s a good candidate and some suffer life-changing side effects — lost vision, dry eye, night-vision problems.

Today, the Food and Drug Administration is beginning a major new effort to see if warnings about the risks are strong enough. The FDA estimates that approximately 5 percent of patients are dissatisfied, but be more specific due to the lack of data. The FDA is now working with eye surgeons in a major study expected to enroll hundreds of Lasik patients to try to better understand who has bad outcomes and exactly what their complaints are.

About 7.6 million Americans have undergone some form of laser vision correction, including the Lasik procedure. In performing the Lasik procedure, doctors cut a flap in the cornea — the clear covering of the eye— aim a laser underneath it and zap to reshape the cornea for sharper sight.

Wal-Mart announced this week that it will soon stop selling baby bottles made with the chemical bisphenol A (BPA). The retailer said that it was immediately stopping sales of baby bottles, sippy cups, pacifiers, food containers and water bottles made with BPA in its Canadian stores. There has been speculation that Canada’s health department would soon declare the chemical unsafe.

On Monday the U.S. National Toxicology Program released a draft report that expressed concern that BPA, which is used to make plastic, could cause behavioral changes in infants and children and trigger the early onset of puberty in females.

Wal-Mart has sold BPA-free baby bottles for several years alongside bottles with the chemical. But yesterday was the first time the retailer indicated it would convert its entire U.S. stock.

An article in the New England Journal of Medicine, warns that the entry of big companies like Microsoft and Google into the field of personal health records could drastically alter the practice of clinical research and raise new challenges to the privacy of patient records.

The authors are proponents of the benefits of electronic patient records to improve care and help individuals make smarter health decisions. But their concern is that the medical profession and policymakers have not begun to understand the implications of companies like Microsoft and Google becoming the hosts for patient information in their data centers.

Today, most patient records remain within the health system. The Health Insurance Portability and Accountability Act, or HIPAA, is the main law that regulates personal data handling and patient privacy.

Our firm concluded a wrongful death case this year on behalf of the family of a 40-year old man who was killed when a bicycle he was riding became entangled in loose utility wires which completely obstructed a city sidewalk adjacent to Peachtree Road in Atlanta. The injuries this young man received in the accident cost him his life. Subsequent thereto, our firm filed a lawsuit against the City of Atlanta for negligent maintenance of the City’s sidewalk and against two utility companies for their alleged involvement in failing to properly maintain the hazardous utility wires which obstructed the city sidewalk at the time of the incident. While the case was resolved by means of compromise, obviously, the pain from the incident still remains with the family because of the untimely and wrongful death of this young man. Notwithstanding this terrible tragedy to the family, however, as we have seen in other similar tragic cases, good can emerge from bad particularly where good people work together to accomplish common goals.
In late March of this year, a pedestrian advocacy group in Atlanta by the name of PEDS (Pedestrians Educating Driver Safety) conducted a Scavenger Utility Wire Hunt in which volunteers were asked to spread out throughout Atlanta to look for detached wires or cables that might block or obstruct city sidewalks. Thirty-five volunteers participated in this event and pictures were taken of more than 225 sites where loose or detached wires or cables blocked sidewalks. Once these pictures were in hand, PEDS digitally sent them to the City’s Department of Public Works and has asked for a meeting not only with them but also with representatives from the various utility companies that conduct business in Atlanta.
As one of the victim’s brothers stated to the press, “It’s all about accountability. If we can get the utilities and the City to take a more proactive approach to finding and fixing these dangerous sites, [my brother] will not have died in vain.” One person’s unnecessary and preventable death is one too many. Hopefully, this joint effort by volunteers pursuing a common goal can bring about good and other potential victims spared the fate suffered by our client’s family.

The Louisiana Supreme Court has ruled that a flood exclusion in an “all-risk” policy barred a claim by the owner of an apartment building damaged by flood waters during Hurricane Katrina.

The owner lived in the five-unit building when four feet of water entered the basement during the hurricane. He had a commercial “all-risk” policy and submitted a claim for the damage. An insurer’s inspector claimed most of the damage was due to poor maintenance and flooding.

The insurer paid only $230 on the claim because the policy excluded coverage for damage caused by various forms of water, including “flood.” But the policy did not specifically define the word “flood.”

This Tuesday federal regulators from the FDA urged makers of many kinds of medical devices that contain heparin to test their supplies. These concerns arise from previously discovered supplies of Chinese made heparin contaminated with a look-alike ingredient that mimicked heparin in standard tests of drug potency and purity.

The FDA announced last month that it had identified the contaminant as a modified form of a common nutritional supplement. That substance is cheaper to produce than heparin, leading to suspicions that it may have been intentionally added somewhere along a complex and lightly regulated supply chain in China.

China is the world’s leading supplier of heparin, a blood thinner often made from a substance in the intestines of pigs. It is commonly given to prevent blood clots in heart surgery and dialysis patients

A new study reports that from 1991 to 2005, nearly 40,000 people older than 65 were injured while riding escalators, an average of 2,660 a year. The report, published in the March issue of the journal Accident Analysis and Prevention, is based on an analysis of data collected by the Consumer Product Safety Commission.

The rate of injury more than doubled in that period — to 11 per 100,000 population in 2005, the latest year for which figures are available, from 4.9 in 1991. There were no fatalities, but more than 2,500 people were hospitalized, mostly for broken bones.

The researchers could not explain why the rate is rising. but noted there are more active older adults.

An analysis of 41 million Medicare patient records, released April 8 by HealthGrades, a health care ratings organization, found that patients treated at top-performing hospitals were, on average, 43 percent less likely to experience one or more medical errors than patients at the poorest-performing hospitals.

From 2004 through 2006, patient safety errors resulted in 238,337 potentially preventable deaths of U.S. Medicare patients and cost the Medicare program $8.8 billion, according to the fifth annual Patient Safety in American Hospitals Study.

The overall medical error rate was about 3 percent for all Medicare patients, which works out to about 1.1 million patient safety incidents during the three years included in the analysis.

Our Atlanta based medical malpractice lawyers frequently handle cases involving medication errors in hospitals. Some of these cases result in catastrophic damages.

A research study published in the April issue of the journal Pediatrics determined that medicine mix-ups, accidental overdoses and bad drug reactions harm roughly one out of 15 hospitalized children. The number is far higher than earlier estimates and bolsters concerns already heightened by well publicized cases such as the accidental drug overdose of actor Dennis Quaid’s newborn twins last November. Quaid’s twins got life-threatening heparin overdoses in a Los Angeles hospital.

Researchers found a rate of 11 drug-related harmful events for every 100 hospitalized children. That compares with an earlier estimate of two per 100 hospitalized children, based on traditional detection methods. The rate reflects the fact that some children experienced more than one drug treatment mistake. The new estimate translates to 7.3 percent of hospitalized children, or about 540,000 kids each year, a calculation based on government data.

On Friday, April 4, 2008, the District Court of Appeals, First District, State of Florida upheld the Florida Office of Insurance Regulation’s suspension of Allstate from writing insurance in the State of Florida.

Allstate had been suspended weeks before for refusing to produce documents during an investigation of the company. The Florida market comprises 17% of Allstate’s national sales.

The court found Allstate guilty of arbitrary reductions of “bodily injury claim payments to its policyholders and beneficiaries by up to 20%.” It also determined that Allstate was engaged in ongoing criminal activity by failing to cooperate with the Office of Insurance Regulation’s investigation of a crime, and that this constituted a danger to the public health, safety or welfare of citizens.