Personal Injury

Lasik Problems To Be Studied

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,
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Plastic Bottle Dangers

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
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Medical Record Privacy In Peril

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
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TRIBUTE TO A CLIENT

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
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Insured Loses Katrina Claim

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
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Heparin Concerns Grow

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
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Escalator Injuries Increasing

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
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Hospital Errors Endanger Patients

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
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Medication Errors For Hospitalized Children

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
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Florida Court Suspends Allstate in Florida

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
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Sex Abuse in Child Care and Day Care Centers: Obtaining Justice for Victims of Sexual Molestation

Two years ago at our law firm, I received a phone call I could not believe–another episode of sexual abuse of a a young child, entrusted to the care of a prominent day care center.

The child’s mother said her lawyer did not know what to do to help her. She was told to call our law firm because we had successfully helped other families whose children had been molested in child care or after school programs.

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Closing Arguments: Be An Ambassador

As we all know, trial lawyers are under assault by the business community. We are accused of being sleazy, money hungry ambulance chasers. I need not further discuss this nationwide propaganda campaign, but suffice it to say, our public image has been and continues to be at risk. Accordingly, it is imperative that as trial attorneys we conduct ourselves as ambassadors for justice when we appear in a courtroom.
The best way to get a favorable result in any case is to exude confidence and
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“Jackpot Justice”

It is amazing to watch television commercials advertising lawyer services for personal injury cases. One often sees a client holding a fist full of cash praising their lawyer for securing a large cash settlement. The client is typically shown smiling and happily talking about how much money they received from their personal injury claim. These ads have often surprised me because it is typically only in the very serious case that clients receive large settlement amounts and in those cases, they usually deserve the
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Asserting Claims Against the Government

Any lawyer who has a client with a claim against any branch of government knows full well that there needs to be investigation of that claim in order to be successful in prosecuting it. One of the first steps in the process is to serve a timely ante-litem notice claim within six months of the claims against a municipality or within twelve months if it involves a claim against the State or a county government agency. We have previously blogged about these requirements in
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Closing Arguments: When Appropriate,Remind Jurors Of Their Oaths

In the typical negligence case, it is not necessary that a jury be reminded that they have taken an oath to set aside any prejudice or biases they have and to render a verdict solely on the evidence and the law presented to them. However, there are cases of a more controversial nature where it might be necessary for counsel to consider reminding the jury of its oath. Examples would include medical malpractice cases and other controversial cases such as high speed police pursuits.
We
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Closing Arguments: Follow the Fundamental Rules

As discussed above, counsel should utilize the structure in delivering his/her summation. If counsel is disorganized in his approach, the jurors will not follow the arguments made and subliminally will believe that counsel is not entitled to a verdict. Again this is a fundamental rule of a winning summation.
Although the fundamental dos are sometimes easy to recognize, there are some fundamental don’ts as well. For example, do not select an issue that an intelligent juror will recognize as being disingenuous or phoney. Never misstate
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Closing Arguments: Remember Why You Are There

In a hotly contested liability case, it is often easy for counsel to forget that the reason they are there is to achieve a favorable monetary verdict for their client. It is tempting sometimes to spend far too much time discussing liability thereby leaving counsel with little or no time to discuss damages. The reason we are in Court is to try to get a verdict to compensate our client for the damages they have sustained. Obviously, we have to discuss liability. However, we should
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Closing Arguments: Speak From The Heart

As stated above, it is most important that counsel appear to be completely sincere in everything he says and does. The best way to do this is to speak from the heart and tell the jury exactly what you think. If the jury senses that counsel is speaking candidly in a forthright manner about the issues in the case, the jury is more likely to have confidence in what is being said.
If you speak from the heart, by definition, you are being yourself. If
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Closing Arguments: Use Demonstrative and Trial Exhibits

Every good trial lawyer knows that a jury remembers best that which they both hear and see. Accordingly, demonstrative exhibits should always be used during closing argument. Sometimes demonstrative exhibits are necessary in order to emphasize a point about liability. Sometimes they are used to emphasize principles of law.
Effective demonstratives can also be used to discuss damages. A good closing argument might use demonstratives in all of these areas. In short, a well prepared demonstrative exhibit will assist counsel in making his point while
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Closing Arguments: Use the Rules Governing The Case

In giving a closing argument, it is essential that counsel use the legal language of the case. The court will be instructing the jury on various principles of law that could be absolutely crucial in the jury’s determination of the facts. Thus, when discussing a case with the jury, counsel should use the language of the case. Counsel should use and explain terms such as “preponderance of the evidence,” “proximate cause,” “breach of duty,” “failure to exercise ordinary care,” “negligence,” and “damages.” If, for example,
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