Personal Injury

Drugmaker/Doctor Conflict of Interest

Last week, Stanford University announced that it will severely restrict industry financing of doctors’ continuing education at its medical school. The school’s new policy stems from concern about the influence drug companies may have on medical education.
Most doctors in the United States must take annual refresher courses that drug makers have long paid for. While the industry says its money is intended solely to keep doctors up to date, critics charge that companies agree to support only classes that promote their products.
Stanford will
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Byetta deaths

Four more patients have died of pancreatitis after taking the diabetes prescription medication Byetta. The deaths were announced by Eli Lilly & Co. and Amylin Pharmaceuticals Inc. the companies manufacturing the drug. Several weeks ago, the U.S. Food and Drug Administration announced two two additional deaths.
While no definite relationship between Byetta and the additional deaths has been proved, according to the companies, they may have to add tougher warnings to prescribing instructions.
Byetta, which has been available in the U.S. since June 2005, is
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Children Cough Medicines Subject To Review

The Food and Drug Administration has announced plans to revise standards for over-the-counter cough and cold medications for children. The FDA said it will change the criteria that have allowed the products to remain on drugstore shelves . This could result in removal of the products from the market.
The FDA action is in response to increasing concerns that the remedies are ineffective and could be unsafe. Specifically, the action is in response to a petition filed in March 2007 by a group of pediatricians
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Spanair JK5022: Abogados especializados en casos de Litigacion Internacional de choques aereosdente aereo

Para representar a las familias de las personas que perdieron la vida en el accidente aereo Spanair JK5022, nuestro bufete juridico esta trabajando con abogados especializados en casos de Litigacion Internacional de choques aereos, ya estan invesigando esta tragedia. Si perdimos familiars en este accidente, estos serian los abogados elegidos para representar a nuestras familias.
Para una consulta gratis, favor de enviar su correo electronico precionando aqui (haga clic aqui).
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Spanair Flight JK5022: To assist the families of persons who died in the airplane

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Preventable Medical Errors Cost $1.47 Billion

In the July 28 issue of Health Services Research, the US Agency for Healthcare Research and Quality (AHRQ) reported that a recently completed study indicates that employers pay out $1.47 billion each year to cover costs for surgical patients incurred from preventable medical errors. The report analyzed data from a nationwide sample of more than 161,00 adult patients who underwent surgery in 2001 and 2002 and were insured by plans provided through their places of employment.
The study focused on 14 preventable errors which included
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Another High Speed Police Chase Case In Clayton County, Georgia:

It was reported by the news media on Friday, August 15, 2008 that an innocent motorist was killed on 8/14 when inadvertently caught up in a high speed police chase in Clayton County, Georgia. While the media reports are sketchy, it appears that the fleeing suspect was speeding and driving in an erratic manner. The police began to chase the driver and during the chase, the suspect struck an innocent motorist who was on a motorcycle. As a result, the motorcyclist was killed.
We do
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Loss Of Chance of Survival Recoveries

The Massachusetts Supreme Judicial Court affirmed a $328,135 jury award to a widow and her son based on her husband’s lost chance of recovery resulting from a doctor’s negligence in not treating his stomach cancer. This ruling based upon the theory of “loss of chance” damages is being applauded by plaintiffs’lawyers.
The court held that the family could recover even though the victim had less than a 50-percent chance of survival when he first sought treatment. The “loss of chance” doctrine eases the burden for
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Allstate Named Worst Insurance Company

To identify the worst insurance companies for consumers, researchers at the American Association for Justice (AAJ) conducted a comprehensive investigation of thousands of
court documents, SEC and FBI records, state insurance department investigations and complaints, news accounts from across the country, and the testimony and depositions
of former insurance agents and adjusters. The AAJ final list includes companies across a range of different insurance fields, including homeowners and auto insurers, health insurers, life insurers, and disability insurers.
Allstate stood out as the worst insurance company
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Defective Knee & Hip Joints – A Need For a National Joint Registry

As Atlanta injury lawyers, we see many accident victims undergo knee and hip replacement surgery every year. Many of these victims are injured as a result of automobile and truck accidents and many result from work related injuries. The fact is nearly one million hips and knees were replaced last year in the United States alone. This represents approximately one-half (½) of the world’s total, making the U.S. the largest provider and user of implants.
Although the Food and Drug Administration is charged with monitoring
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Medicare Attempts To Prevent Hospital Injuries

We have previously written about the federal government’s new policy restricting Medicare payments to hospitals for the extra care required to treat patients harmed by certain preventable infections and medical errors. Now the federal government is expanding the program in an attempt to to provide hospitals with a financial incentive to improve patient care.
Under the expanded policy, Medicare will not make payments to hospitals for care needed after patients suffer from certain surgical site infections (specifically for total knee replacement, laparascopic gastric bypass and
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Crib and Playpen Injuries Studied

Cribs, playpens, and bassinets continue to injure and kill infants with alarming frequency.
A study published this week in the journal Pediatrics reveals the alarming frequency of injuries to babies who have been placed in cribs, playpens or bassinets.
A review of emergency-room treatments for more than 181,000 babies age 2 and under from 1990 to 2008 showed an average of 113 deaths per year from accidents associated with those three pieces of nursery equipment.
The number which is considered low because such deaths are
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The Importance Of Uninsured/Underinsured Motorist Coverage

We have previously written about the importance of uninsured motorist coverage, particularly in today’s economic times. In this article we wish to reemphasize how important it is that Georgia residents protect themselves with uninsured motorist coverage if at all possible within their family budget. The reason for this is because more and more motorists are driving with the minimum limits required by law, which is only $25,000.00 per person and many are driving with no insurance whatsoever, taking their chances with the law. The economy,
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Deaths Reported From Infant Child Monitors — Recall Issued

The Consumer Product Safety Commission has recalled nearly 2 million baby monitors due to the risk of infant strangulation by the monitors’ electrical cords. The CPCS initiated the recall due to seven cases of infant strangulation in recent months.
The reported injuries and deaths include:
A 10 month-old Washington, D.C. infant died in March when she became tangled in the camera cord of a Summer infant monitor. The monitor camera had been attached to the top rail of her crib;
In November of last year,
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Victims Of Crime And Personal Injury Claims

Our firm is often contacted by those who have been victimized by a criminal act seeking advice as to whether they have a claim against the perpetrator of the crime. These cases come to us in a variety of different contexts. Sometimes a rape victim is interested in determining whether they have a claim against a hotel that negligently allowed the attack by a former employee or failed to provide adequate security with respect to the security of their room. We have had similar calls
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Car Accident Cases: How Does One Determine Settlement Value?

If someone breaks a leg in a car accident and incurs $20,000.00 in medical bills and is out of work for three or four months due to doctors’ appointments, surgery, etc., how does one determine the value of such a claim? Indeed, how does anyone determine the value of any personal injury claim? The answer is by looking at available jury research service data to determine what juries typically award for the value of certain types of injuries. If someone breaks a leg in
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Car Accident Cases And Quick Cash Settlements: A Bad Idea

As we have blogged about previously, unless a car accident victim suffers minor injuries, it is typically not in their interests to try to get a quick cash settlement. Yes, these can be some temporary financial hardships caused by the delay in securing a settlement, however, patience is the watch word in many of these cases unless the client is in such desperate need for money that they have no choice but to significantly discount the value of their claim in order to get a quick cash settlement. Before this course of action is decided upon, however, clients need to be educated by their attorneys as to the costs involved in trying to get a quick cash settlement.

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Car Accidents And Quick Cash Settlements

Here in Atlanta we have had an extended break from work due to icy road conditions. Most of our lawyers have not been able to get into work so we have been watching some television during the day. What is fascinating is the number of lawyer ads on television particularly pitching for personal injury cases. What is troubling, however, is the pitch that many of the law firms promised to get “quick cash settlements” for car accident victims.

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In An Accident While Traveling Out Of Town: What Law Controls?

We are often called by clients who have traveled through the Atlanta area only to be the unfortunate victim of a third party’s negligence. Calls usually come from those in car accidents or tractor-trailer collisions. Sometimes a slip and fall is involved or a defective product. These innocent persons sometimes are hospitalized following the incident in Georgia and then sent back to their home states for follow up treatment. When they reach out to an attorney the usually are being overwhelmed with medical
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Wrongful Death Cases: Who Has The Claim?

It is not unusual for our firm to be contacted by family members who are bereaved over the death of a close family relative. Oftentimes the individual is killed through the negligence of a third party and the family member simply wants to understand the law that pertains to the claim. Sometimes, however, family members can get in an argument among themselves as to who has the right to pursue the claim for the wrongful death. While Georgia, like many states, has a statutory scheme
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Structured Settlements In Serious Injury Cases

In any serious injury case involving permanent or lifetime injuries, careful consideration should be given to whether a structured settlement should be part of any settlement of such a case. A structured settlement agreement is a device whereby if the overall lump sum amount can be agreed upon, a certain percentage of it can be set aside and invested in an annuity that will pay benefits over the victim’s lifetime, usually on a monthly basis. Such benefits are extremely important for people who are disabled because it provides them a safety net and allows them to pay rent and other necessary living expenses as they grow older. Particularly in those cases where a victim is incapacitated and unable to work, a structured settlement agreement can provide a lifetime of revenue for necessary living expenses.

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