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
(more…)

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
(more…)

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
(more…)

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).
**************************************************************
Spanair Flight JK5022: To assist the families of persons who died in the airplane

(more…)

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
(more…)

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
(more…)

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
(more…)

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
(more…)

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
(more…)

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
(more…)

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
(more…)

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
(more…)

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,
(more…)

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
(more…)

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
(more…)

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
(more…)

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
(more…)

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.

(more…)

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.
(more…)

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.

(more…)
Secret Link