Personal Injury

Contaminated Peanut Salmonella Cases: A Georgia Scandal

The more one reads about the problems with the products distributed by the Peanut Corporation of America, the more one realizes that there were serious management problems with that Company’s plant in Blakely, Georgia. According to published reports, when federal and state inspectors went to the plant, they found evidence of mold, leaking roofs and other unsanitary conditions. According to an FDA report, not only was there mildew on the ceiling roof of the storage room, there was also evidence of infestation by cockroaches
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“How Much Is My Personal Injury Case Worth?”

The above questions are often asked by clients who have been seriously injured in an automobile case or a trucking collision. Regrettably, there are some attorneys out there who will give unrealistic “pie in the sky” answers to such questions, usually for the purpose of trying to convince a client to retain their services. A good lawyer, however, will usually not provide a response to these questions until he or she has fully investigated the case and has access to all of the
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Legionnaires Disease At Atlanta Hospital

An outbreak of Legionnaires’ disease has been confirmed at Atlanta, Georgia’s Grady Memorial Hospital. Water tests confirmed today that two units at Grady Memorial Hospital were the source of the bacteria that caused Legionnaires. Four patients have been sickened by the disease.
A Grady spokesman claimed this was the first time in Grady’s history that the Downtown Atlanta hospital has been the source for disease in patients. The two Grady patient units consisting of and 80 beds have been closed since last week. The Grady
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Georgia Parents and Children Affected By Vaccine Rulings

Many Georgia parents, and thousands of parents across the country who have children suffering from autism, received bad legal news today. They had claimed that childhood vaccines had caused their children to develop autism.
In a long awaited decision, a special court rejected their claims and ruled that they are not entitled to federal compensation. The decision in three test cases is a severe blow to a national movement that has argued that childhood vaccines have been responsible for the surge in autism diagnoses in
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Finding The Right Georgia Lawyer For Your Case

On the way to work today I saw an automobile accident that had just occurred. A lady had been rear-ended by an automobile on the interstate highway. The cars were very badly damaged and it was clear that one of the drivers was injured. The ambulances had not yet arrived.
As I drove by the accident scene, I thought to myself, “I wonder how this unfortunate lady will find a competent Georgia automobile accident attorney to represent her interests effectively, competently, honestly, ethically and
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Georgia Drivers Beware: Uninsured Drivers On The Increase

We heard a radio piece on National Public Radio the week before last about the rise in uninsured motorists nationwide. It is now estimated that as many as 16% of the motoring public are driving without insurance. In today’s tough economic times, people are failing to pay not only their house bills, which has lead to the mortgage crisis, but also their car insurance bills. This means that many motorists are endangering the lives of their fellow motorists as they drive. Obviously, they are hoping that they will not be involved in an accident. If they are, it is not the driver who causes the accident which is at risk, it is the innocent victim of their reckless conduct.

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Hospitalized Patients Cannot Identify Treating Doctors

Our Atlanta lawyers interview potential clients on a daily basis concerning their injuries and hospitalizations. Many times, potential clients, even those who have been hospitalized for long periods, cannot tell us the name or names of the doctors who treated them in the hospital. Now, a recent survey has shown that this is a common occurrence. According to the survey, hospital patients are rarely able to identify their doctors by name or to describe their roles in the patients’ care.
Researchers at the University of
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Atlanta, Georgia Lawyers Support MADD Campaign to Eliminate Drunk Driving–and the Injuries and Deaths It Causes

Our personal injury and wrongful death attorneys in Atlanta, Georgia support MADD’s Campaign to Eliminate Drunk Driving. If you have not done so, please go to Parade magazine’s website at www.parade.com/drunkdriving, and vote “YES” in the poll asking this question: “Should ignition interlocks be mandatory for drunk drivers nationwide?”

MADD’s National President Laura Dean-Mooney has asked that this message (below) be passed along, so we are using our blog to publicize it. Please pass this message along to your friends and family, to help eliminate drunk driving!

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New Swimming Pool Safety Requirements Help Prevent Drowning

Every spring and summer as swimming pools open for the season, we read about tragic drownings, often involving children. Statistics show that drowning and near drowning are a leading cause of death and brain injury. Many of these unfortunate incidents could be prevented if swimming pools had proper anti-drowning drain covers and suction cutoff devices installed. These covers and suction cutoff devices are designed to prevent children from being caught in the swimming pool drain as a result of strong suction. Under the new
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Bus Accident Near Hoover Dam Kills Seven–And Follows Atlanta, Georgia Bluffton University Crash As Another Example of Why Seat Belts on Motorcoaches Can Prevent Deaths and Serious Personal Injuries

Since our Atlanta, Georgia personal injury lawyers represent the most seriously injured survivor of the Bluffton University bus accident in March 2007, we have written previously why it is an outrage that seat belts are not required on buses in the United States.

Many of the serious injuries and deaths in the Bluffton rollover crash occurred because the bus had no seat belts–and thus passengers were ejected onto the roadway.

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Hospital And Medical Liens: What Should A Victim Do?

In a serious injury case the victim is usually overwhelmed with medical expenses, lost wages, terrible pain and suffering, and a total disruption in their personal, family and home life. If they are fortunate enough to have good counsel and they are fortunate enough to get a good settlement from the third party responsible for inflicting the injuries upon them, it will not be uncommon for such a victim to have to deal with a host of medical lien issues. The most common medical liens
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Implantable Defibrillators Frequently Used In Inappropriate Cases

More than 20% of patients who received an implantable cardioverter-defibrillator — a high-tech device that produces electrical impulses to regulate heartbeats and prevent life-threatening arrhythmias — in recent years were not good candidates to receive the device, a new study suggests.
Researchers at Duke University looked at more than 111,000 patients who received ICD implants between 2006 and 2009. More than 25,000 of those patients did not meet evidence-based criteria for receiving the device, according to the study.
The risk of dying in the hospital
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Inhalers Recalled Due To Mislabeling

The Food and Drug Administration is also concerned that hospital, med-center and emergency patients may be given the higher dose, as correctly labeled outer packaging is generally discarded.
Health care providers seeing only the mislabeled bottle would be very likely to give the wrong dose, especially since the two solution strengths are distilled in equal sized bottles. The .05 mg/3 ml bottles look just like the 2.5 mg./ 3 ml bottles. Only the strength differs.
Albuterol Sulfate Inhalation is sold in single use dosage bottles,
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Subrogation Claims In Personal Injury Cases

In car accidents, tractor-trailer accidents, medical malpractice or other serious injury cases, in the event a settlement is reached, there is always the possibility of a subrogation claim being asserted by a third party against the settlement proceeds. Subrogation claims are usually claims held by insurance carriers that have paid medical benefits. The victim who was injured by the negligent truck driver, for example, may have incurred hundreds of thousands in medical bills for expensive surgery. If a third party health insurance carrier pays these
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Food-Borne Safety Bill Signed But in Trouble

Each year, according to the most recent Centers for Disease Control and Prevention estimates, 48 million people, that is one in six Americans, are sickened by food-borne illnesses. Of those, 180,000 are hospitalized and 3,000 die.
The first major overhaul of the nation’s food-safety infrastructure since 1938 was signed into law yesterday by President Obama.
The Food Safety Modernization Act moves the Food and Drug Administration (FDA) away from its early-20th-century role of responding to adulterated food to a more modern one of requiring companies
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Electric Adjustable Beds Singled Out For Dangers

Electric adjustable beds have been singled out for causing serious injuries and death. Yesterday, the Food and Drug Administration issued a warning to Invacare Corp. for failing to report and address malfunctions with its electric beds, including electronics that allegedly caught on fire causing injury and death.
The FDA posted a warning letter to the Ohio-based company Tuesday morning. Invacare makes a variety of medical equipment, including wheelchairs, oxygen tanks and electric beds.
In its Dec. 15 warning letter, the FDA said the company
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Settlement Releases In Personal Injury Cases

Anytime a serious injury case is settled for a particular amount of money, the insurance company for the at fault third party involved will insist on a Release of all claims, not only against their insured responsible for the damages but also for the insurance company issuing the check on their behalf. This is standard as part of any serious injury or personal injury case whereby monies are paid as consideration for a settlement. In all such cases, counsel should be conferred with because the
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Dangerous Toys On Shelves At Christmas

Dangerous hazards are still finding their way into toys despite recently improved safety standards, according to a report recently issued by the American Association for Justice.

According to the report, for years, corporations have knowingly shipped toys with hidden dangers like small parts, loose magnets, asbestos, and other toxic chemicals until outrage from parents and civil lawsuits forced regulators or manufacturers to act.

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Claims Against Georgia Counties: Waivers of Sovereign Immunity

There are limited waivers of sovereign immunity when it comes victims of the negligence of a county employee. Unless a county’s sovereign immunity has been waived by statute, there is no legal claim that can be filed. An example of a waiver of a county’s sovereign immunity is the waiver of sovereign immunity by law where a county employee is operating a county vehicle. There is a specific Georgia statute which provides for the waiver of sovereign immunity with respect to such claims. See O.C.G.A.
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Suing Uncle Sam: The Federal Torts Claim Act

The Federal Torts Claim Act is found at 28 U.S.C. § 1346. It provides for a limited waiver of sovereign immunity with respect to tortious acts committed by federal agents and employees. Under its provisions, only the United States of America may be named as a defendant, not the agency or employee who committed the tort. An administrative ante-litem notice must be filed within two (2) years after the claim accrues. There is a waiting period before suit can be filed against the United States which is either when the written denial occurs or six (6) months, whichever is earlier.

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