Personal Injury

Contact Lens Solution Lawsuits Continue

In May of 2007, Advanced Medical Optics, Inc. recalled one of its contact lens cleaning solutions, known as AMO Complete Moisture Plus. Our firm is currently representing 2 individuals injured by this product. According to the Centers for Disease Control, contact lens wearers were seventeen (17) times more likely to contract a serious eye infection known as acanthamoeba keratitis if they used this product as opposed to other Multi Purpose Cleansing solutions. Even though the product was recalled from the market in May of 2007,
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Georgia Bicycle Laws – Use Of The Roadway

Our Atlanta bicycle accident attorneys review many bike injury cases in which it is alleged by the at fault motorist that the bike rider was riding in an unlawful manner. Continuing with our explanation of Georgia bicycle laws, Section 40-6-294 of the Official Code of Georgia controls the use of roadways and bike paths by bicyclists. It provides that every person operating a bike shall ride as close to right side road as practicable with the following exceptions:
1. except turning left or avoiding hazards
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A Wrongful Death Case:Client’s Son Dies Hero’s Death

In our wrongful death practice, obviously, our attorneys have seen many tragedies, sometimes with devastating consequences for our clients and their families. This past week was no different as we were retained to represent the family of a young man who died while attempting to save the life of another. This young man gave his life and service to another, one of the highest and noblest acts of self-sacrifice possible. And yet, the matter has gone largely unnoticed by the metropolitan Atlanta community simply because
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Anti-Consumer Decisions From Supreme Court Get Congressional Scrutiny

At a recent Senate hearing , several lawmakers blasted the U.S. Supreme Court over a series of opinions they say protect businesses at the expense of ordinary Americans. Committee Chairman Sen. Patrick Leahy, said the Court’s recent opinions on employment discrimination, federal preemption and mandatory arbitration have empowered and protected corporations while making it harder for workers and consumers to get redress.
Leahy pointed to Ledbetter v. Goodyear Tire & Rubber Co., 127 S.Ct. 2162, handed down just over a year ago. In that case,
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Bicycle Laws – Equipment

As we previously wrote, there are specific laws regulating bicycles in the state of Georgia. Many of these requirement are unknown to bike riders, and in many instances are used by defendants to attempt to avoid liability for injuring bike riders. Our attorneys have seen one section in particular used many times by defense attorneys in an effort to try to shift blame from an at fault motorist onto the biker. That law, Section 40-6 -294 of the Official Code of Georgia, establishes requirements for
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Defective Tire Stem Dangers

Defective automobile tire valves manufactured in China are the subject of a recall. Some 6 million tire valve stems manufactured by Shanghai Baolong Automotive Corp. of China between July 2006 and November 2006 have been recalled. It is estimated that 36 million of these tire stems were manufactured.
The U.S. distributor of the tire valves, Dill Air Control Products, of Oxford, N.C., notified the National Highway Traffic Safety Administration of potential problems with the tire valve stems after it was named in a lawsuit filed
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Atlanta Bike Laws

Atlanta bicycle accidents and injuries are increasing at an alarming rate, as we have previously written. Yesterday, the Atlanta Journal Constitution published a story which echoed our information and addressed the growing conflict between bikers and automobile drivers.
Many bike riders, and most motorists, do not realize that under Georgia law and in most other states, a bike is considered a vehicle; and, with some exceptions, is subject to the same laws and rules as a motor vehicle. There are specific laws which relate only
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Bike Injury Patterns

Bicycle injuries and fatalities are an increasing problem. The Pedestrian and Bicycle Information Center is a program of The University of North Carolina Highway Safety Research Center in cooperation with the Association of Pedestrian and Bicycle Professionals. It is funded by the U.S. Dept. of Transportation.
Statistics published by the Center reveal patterns of biking fatalities and injuries. Using 1999 data, there were 750 bicycling fatalities and 51,000 bicycling injuries resulting from traffic crashes in the United States. Bicyclist fatalities accounted for 2 percent of
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Motorcycle Crashes: 85,000 More Troubling Statistics

In 2006, approximately 5,000 people lost their lives and 80,000 were injured in motorcycle crashes. We have blogged before about the staggering number of statistics when it comes to those killed or injured while riding motorcycles. Obviously, riders must wear protective gear to protect themselves with defensive driving since they have little other protection in the event of a crash. What the statistics show, however, is that motorcycle injuries and fatalities are on the rise. In 1996, 2,161 people were killed in motorcycle crashes. In
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Bicycle Accidents Increasing

Bicycle accidents are increasing at an alarming rate as the popularity of road biking has increased over the last few years, and, as more people are turning to bikes as a means of transportation to save fuel. With the increase of bike riders it is only natural to assume that injuries would increase as well.
Our attorneys and staff are reviewing many of these matters. We are seeing the expected increase of injuries from the failure to wear a helmet and from improper positioning of
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Senate Passes Bill To Help Prevent Food Borne Illnesses

Today, the United States approved the biggest overhaul to the nation’s food safety laws since the 1930s. By a bipartisan vote of 73-to-25 the new law would gives new authorities to the Food and Drug Administration, places new responsibilities on farmers and food companies to prevent contamination, and for the first time, sets safety standards for imported foods.
The Senate vote was one of the few pieces of legislation to receive bipartisan approval in years. The House of Representatives approved a more stringent version of
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Suing State Government In Georgia: Exceptions to Sovereign Immunity

There is a State Tort Claims Act found at O.C.G.A. § 50-21-20, et. seq. The Act resulted from an amendment to the Georgia Constitution and became law in April of 1992. It was intended to provide a remedy for torts committed by State officers and employees and establishes a procedure to waive sovereign immunity under certain circumstances to allow suits against the State for tortious acts of state agents, employees and/or officers. Individual State officers and/or employees may not be named as a party to a lawsuit. Under the State Tort Claims Act, the exclusive remedy for a tort committed by a State employee is an action against the state agency involved and not against the employee personally.

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Nursing Homes Hide Behind Confusing Ownership

Our Atlanta based attorneys frequently pursue cases against nursing homes involving horrible neglect and abuse of elderly and disabled persons.
In most of these cases our attorneys must sort through a maze of companies and entities designed to hide the true ownership of these offending entities and thereby avoid responsibility.
It is encouraging to see that several national lawmakers in the health policy world now want want nursing homes to be more open about who’s running them.
Sens. Max Baucus (D-Mont.), Chuck Grassley (R-Iowa)
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Toy Safety Report Released

The U.S. Public Interest Research Group, a private consumer advocacy group, recently released its 25th annual study of toy safety. It reported that only a small fraction of children’s toys tested for toxic substances and choking risks have been found to violate federal safety regulations.

The group’s public health advocate commented that while the study did not find perfection in toy safety, it did indicate progress.

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Medical Errors Kill 15,000 Medicare Patients Each Month, According to Inspector General

A disturbing Inspector General report from the shows that medical errors are harming and killing our senior citizens at alarming rates.

An estimated 15,000 Medicare patients die each month, and many more are injured, because of usually preventable medical mistakes in hospitals and other facilities.

The report focused on “adverse events,” defined as “harm to a patient as a result of medical care, such as infection associated with use of a catheter,” and “never events,” which are specific “serious events, such as surgery on the wrong patient, that the National Quality Forum (NQF) deemed ‘should never occur in a health care setting.’”

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Suing The Government: Exceptions to Sovereign Immunity

Today we received a telephone call from a client who had been injured on some school property. The client was vaguely aware of the doctrine of sovereign immunity and unfortunately for this particular person their claim was completely barred by operation of law. Why: because of the doctrine of Sovereign Immunity?
The law has long been that lawsuits against government official performing their discretionary and official job functions are discouraged. If it were not otherwise there would be litigation every time someone disagreed with what
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Products Liability-Manufacturers Are Responsible For Dangerous Products

Products should meet the ordinary expectations of consumers. If a product is defective and dangerous, then the designer, manufacturer and/or seller can be held accountable for any injuries or deaths that result. There are a number of different types of product liability cases.
Defective in Design: In a design-defect case, the dangerous product is in the condition intended by the manufacturer, but the design itself is unsafe.
Defects in Manufacturing: In a manufacturing defect case, the product’s design was safe, but the way
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Nursing Home and Insurance Company Abuse of Elderly and Disabled

Our Atlanta based attorneys have and are litigating cases against nursing homes involving almost unspeakable abuses of elderly and vulnerable patients. These civil suits help uncover abuses by nursing home and insurance companies, according to a new report by the American Association for Justice.

“Where regulatory and legislative bodies have been unable to cope with this distressing rise of neglect and abuse of our elderly, the civil justice system has stepped into the breach,” said the AAJ President, in a statement accompanying the release of the report, “Standing Up For Seniors: How the Civil Justice System Protects Elderly Americans.”

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On-The-Job Accident Results In Death Of Georgia Worker

The Associated Press reported this week that 37 year old Jimmy Roubles of Augusta died in a construction accident when a trench caved in on him while he and a co-worker were installing pipes six feet underground. The article did not indicate whether this man was married or whether he had children. If he left dependants, they will be entitled to Georgia “death benefits” under the Georgia Workers’ Compensation Act; although the benefits are pitiful and limited.

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Motorcycle Accident In Henry County Involves Hit-And-Run Driver

Georgia injury lawyers know that motorcycle accidents often result in serious injuries and even death for the biker. Today WSBTV reported that a motorcyclist was severely injured as a result of a hit-and-run crash in Henry County. Justin Haynes, age 34, was struck at Fairview and East Atlanta Rd in Ellenwood by a female driving a black Toyota Highlander. According to police, the women stopped but then drove off.
Hit-and-run accidents are becoming more common in Atlanta. There is a 24 year old woman on trial this week who is accused of causing a collision which took the lives of several innocent people. In that case, the woman left the scene and was then assisted by her mother in attempting to cover it up.
Georgia law provides that if someone negligently injures or kills someone and there are aggravating circumstances involved, such as being intoxicated of leaving the scene and failing to render aid, the offending party may be liable for punitive damages.

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