Personal Injury

Atlanta School Bus Accident Raises Questions Concerning Bus Safety

Our personal injury lawyers read today about a serious accident case involving an overturned school bus which apparently lost control and overturned about 40 miles north of Atlanta near Canton, Georgia. It was traveling from one high school to a middle school when the accident happened. When the bus overturned, even though no students were ejected from the bus, according to initial reports, approximately 25 students were injured. Two were reported to be in critical condition.
Initial news accounts state that the bus driver apparently
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Doctor Charged Criminally

In 2006, a disabled and brain damaged man, near death, was taken into an operating room at a California hospital in order to harvest his organs for donation. Law enforcement officials contend that what occurred in the operating room was a criminal act. The surgeon, Dr. Hootan Roozrokh has been criminally charged with prescribing excessive and improper doses of drugs, apparently in an attempt to hasten Mr. Navarro’s death to retrieve his organs sooner. The doctor is facing three felony counts relating to his actions
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New Supreme Court Decision Makes It More Diffcult For Georgia Lawyers To Sue Medical Device And Drug Companies In Product-Injury Claims

Last Wednesday the Supreme Court of the United States made it harder for injury and wrongful death victims to sue manufacturers of federally approved medical devices. This decision will also impact cases involving dangerous drugs. The issue before the Supreme Court was whether the Estate of Charles Riegel could sue a company under state law over a medical device which had previously been cleared for sale by federal regulators. Under federal law, a company must prove the safety and effectiveness of a medical device
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Atlanta Police Chase

Atlanta TV stations are reporting that this afternoon, a car veered into a bus stop during a police chase and struck four pedestrians. The incident was near Metropolitan Parkway and University Drive.
According to reports, the Atlanta Police were chasing three juveniles in a stolen vehicle when the car ran into the bus stop. One juvenile was apprehended at the scene while two others escaped.
Four of the people involved were injured, one critically. This is another instance of innocent civilians harmed and/or killed
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Dangerous Drugs–Who Is The FDA Trying To Protect?

In January of this year, the FDA issued a proposed rule which directly contradicts Congress’ expressed intent when it passed the Food and Drug Administration Amendment’s Act of 2007 (FDAAA). Unlike the FDA’s proposed rule, Congress intended the duty to warn customers of a drug’s hazards rests with the drug company, who is in the best position to warn about problems associated with the drug. However, under the FDA rule, drug companies will enjoy more relaxed labeling requirements and will use the rule to claim
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Trasylol Heart Drug Dangers Hidden By Manufacturer

Two studies have concluded that heart surgery patients are more likely to die if given the anti-bleeding drug Trasylol. The drug has been widely used for the last 14 years to treat hundreds of thousands of heart bypass patients each year. Drug manufacturer Bayer AG ceased sales of the last fall, after a Canadian study was halted because of deaths among patients taking Trasylol.
The new studies are being published this week in the New England Journal of Medicine. Bayer funded one of the two
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Medical Device Manufacturers Receive Protections

This Wednesday the Supreme Court issued a major anti-consumer opinion, making it harder for consumers to sue manufacturers of federally approved medical devices.
In an 8-1 decision, the court ruled against the estate of a patient who suffered serious injuries when a catheter burst during a medical procedure. The case has significant implications for the $75 billion-a-year health care technology industry, whose products range from heart valves to toothbrushes.
At issue before the Supreme Court was whether the estate of Charles Riegel could sue
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Police Chase Indictment

Our police chase injury lawyers have handled many cases involving the deaths of innocent civilians due to police chasing suspects for minor crimes. We have previously written about police departments that have adopted restrictive policies limiting chases and decreasing the chances that innocent civilians and police officers can be seriously injured or killed.
On May 30, 2007, in Forestville, Maryland, a police officer was chasing a motorcyclist for speeding. During the chase, the police officer tried to position his car to stop the speeding
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FDA Circumvents Congressional Intent In Favor Of Drug Companies

Last year, the Food and Drug Administration (FDA) issued a proposed rule which directly contradicts Congress’ expressed intent when it passed the Food and Drug Administration Amendments Act of 2007 (FDAAA), an Act which encompasses the Prescription Drug and User Fee Act. As a result, drug companies will enjoy more relaxed labeling requirements and will surely use the rule to claim immunity for failing to warn patients of potential drug hazards. When Congress passed the FDAAA it included language confirming the responsibility of the drug
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Drug Ads Investigated

We have previously written about controversial drug advertising that takes place in the United States. Once again, this practice has come to the forefront through Dr. Robert Jarvik, who is best known as the developer of an artificial heart. About two years ago, Dr. Jarvik began appearing in television ads for the drug Lipitor, manufactured by Pfizer.
In the ads, Dr. Jarvik is depicted in various athletic pursuits, such as rowing and running, and tells viewers that Lipitor significantly lowers cholesterol when diet and exercise
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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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