Personal Injury

New Tactic By Defense Attorneys To Prejudice Claimants

Our Atlanta personal injury attorneys are constantly monitoring emerging rends in the legal field. Recently, a controversial test that is supposed to detect “malingering” is gaining popularity among defense experts in personal injury, workers’ compensation and other cases.
The “Fake Bad Scale” is being offered by medical experts as evidence that plaintiffs are fabricating or exaggerating their pain or other medical symptoms.
A few courts have ruled on the admissibility of the test, including three Florida courts that excluded testimony about it last year. In
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Federal Agencies Join Forces Against Consumers

If you think the prescription drug you took for headaches caused your heart attack, the Food and Drug Administration says you can’t sue the maker for injury if it met agency standards. The Consumer Product Safety Commission (CPSC) says you can’t sue a mattress maker if your mattress bursts into flame despite meeting CPSC standards. Companies making sport utility vehicles would get similar protection from suits brought by people injured or the families of those killed in rollovers under National Highway Traffic Safety Administration (NHTSA)
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Home Defibrillator Study

A study released yesterday contained bad news for makers and buyers of portable defibrillators, devices that deliver electrical shocks meant to revive victims of sudden heart In the first major study of their use in household settings, researchers found no evidence that the devices produced significant life-saving benefits. The study, of more than 7,000 heart patients, concluded that patients in homes equipped with the gear died at the same rate as those without it.
Defibrillators were originally designed for ambulance crews. However, they have recently
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Police Use of Taser Kills Teenager

Many wrongful death lawsuits have been brought against the manufacturer of the popular police taser device but according to the manufacturer’s boasts which are in the public record, no such lawsuits have been successful. And yet, practically every week it seems, another person is killed by the use of this product.
Our wrongful death and injury lawyers read last week a news article about a teenager who was killed by the use of a taser after an altercation inside of a grocery store near Charlotte,
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Imperial Sugar Plant Case Becomes More Complicated

Thirteen (13) people have died (and many more injured) as a result of burns and other injuries sustained in the explosion at the Imperial Plant in Port Wentworth, Georgia. Investigators have expressed the opinion that sugar dust ignited and caused the explosion which resulted in these injuries and deaths. Because most of the people burned, injured or killed as a result of the explosion were employees of Imperial Sugar, unfortunately, they will be barred by law from suing their own employer. This is the state
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Surgical Error Causes Removal of Healthy Kidney

Our Atlanta medical malpractice attorneys on occasion review cases in which surgical procedures are performed on the wrong side of the body.
Last Tuesday there was a report of a wrong site surgery at a Minnesota hospital. Surgeons at the hospital mistakenly removed the wrong kidney from a patient. The surgery was performed last Tuesday at Methodist Hospital in Minneapolis, but it wasn’t until the next day that it was discovered that the wrong kidney had been removed. A pathology examination of the removed kidney
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Contaminated Chinese Heparin

At least19 people have died, and hundreds became ill after being given heparin, a blood-thinning drug sold by drug manufacturer Baxter International. Baxter obtained the drug’s active ingredient from a Chinese manufacturer.
A belated inspection of the Chinese plant found substandard conditions. Recent lab tests revealed an unknown contaminant in batches of the drug, but researchers have not identified what precisely caused the allergic reactions which caused the deaths.
The Food and Drug Administration is required to inspect plants such as the one in China
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Surgery Patients Awake During Procedures

Many surgery patients report that they awake during surgery. They say it feels like being trapped in a corpse, unable to move or scream. Some remember hearing their surgeons talk, and a few recall feeling intense pain.
Each year, as many as 40,000 of the 21 million patients undergoing surgery in the United States may experience inadequate anesthesia, leading to anxiety and even post-traumatic stress disorder if patients regain consciousness, according to the Joint Commission on Accreditation of Healthcare Organizations.
A widely used device that
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Another Police Chase: Another Tragedy

It seems that everyday our personal injury lawyers open the paper, we read about another wrongful death in the context of a high speed police chase. One such case occurred this past weekend in Augusta, Georgia when a Sheriff’s Deputy was chasing a 19-year old suspect. Initially the officer involved pulled the suspect over and was provided his ID and driver’s license. Thus, the officer knew who the suspect was and where he lived. While the officer went back to his car to
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Another Innocent Victim Killed in a Police Chase for a Stolen Car

In February of this year, an active member of the military at Fort Benning, Sgt. Joanna Joy Ringer, age 21, was reportedly killed as yet another innocent victim in a police chase case. This time, the, innocent victim, Ms. Ringer, was killed because the police were chasing a 17 year old teenager for joyriding in a stolen pickup truck. Ms. Ringer, like all such victims, was simply at the wrong place, at the wrong time when the fleeing suspect ran head on into her car.
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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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