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

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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
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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
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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
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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
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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
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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
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Perfecting Claims Against Sheriffs And Their Deputies In Georgia

Under Georgia law, a sheriff and only a sheriff is vicariously liable for the negligent acts of his or her deputies. A county sheriff employs the deputy and the deputy reports to the sheriff. Thus, if a deputy sheriff is negligent, the sheriff is liable not the County. Notwithstanding this legal liability, however, there is a confusing element of Georgia law when it comes to perfecting claims against sheriffs and their deputies.
While the law is somewhat ambiguous in this regard and in many ways
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Using a Functional Capacity Evaluation In A Serious Injury Case

In a case involving serious injuries which threaten to impair or impede altogether one’s ability to be gainfully employed, a Functional Capacity Evaluation can be critical in helping to establish the extent of the disability. Functional Capacity Evaluations are performed according to objective criteria which have been proven to be reliable in determining the extent of job related restrictions and limitations. If a client submits to a Functional Capacity Evaluation and is proven by such objective criteria to have limited abilities, such evidence can
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Asthma Medications And Potential Safety Risks

There are several popular medications used by those who suffer from asthma which have an increased market share presence. These include Serevent, Advair and Foradel. All these medications use inhalation powders containing long acting beta agonists, commonly known as “LABA.” Beginning as early as November of 2005, the Food and Drug Administration issued a public health advisory concerning these three drugs informing doctors and patients that the use of these products could increase one’s risk of developing severe asthma and/or possibly having a fatal reaction.
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Vicarious Liability In Serious Injury Cases

A very common issue is a serious injury case is whether there exists any vicarious liability of a third party. If a truck driver runs into a motorist stopped at a stop sign and seriously injures them the question is whether the truck driver alone can be sued and/or their employer. Under longstanding legal principles, an employer is vicariously liable for the acts of the employee. As long as the employee was acting within the scope of his employment at the time of the
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Evaluating Pain and Suffering: A Difficult Task

In a personal injury lawsuit, it is always difficult for the trial lawyer representing the injured victim to talk about money in the context of pain and suffering. How does one fairly compensate an individual who is suffering as a result of the acts of a third party? Someone who is sitting still at a stop sign and who is rear-ended by a commercial truck, for example, and who sustains a broken neck or back is going to be faced with a lifetime of
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Deadly Police Chases Still In The News

As our firm handles police chases for innocent victims tragically caught up in these dangerous pursuits through no fault of their own, and as we have witnessed many different tragedies in this context, we obviously pay close attention to other similar cases throughout the country. Just this past week we read three different articles about three different pursuits in three different states in which innocent bystanders were killed during these dangerous pursuits. In none of the pursuits that we read about were any
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Military Members Have No Recourse For Medical Malpractice

Our military service members stand ready to put their lives on the line to protect the freedoms upon which our country is based. Yet, they are not provided the basic remedies available to other citizens who are victims of medical malpractice.
Under a 60-year-old Supreme Court ruling known as the Feres doctrine, service members are banned from suing the federal government for even the most egregious medical errors.
Pending before Congress is a bill that would remove that inequity. Rep. Maurice Hinchey, D-N.Y., is the
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E-coli Tainted Lettuce Recalled

An outbreak of 19 E-coli related illnesses in Michigan, Ohio and New York may be linked to shredded romaine lettuce sold to grocery stores for use in salad bars and delis, according to the Food and Drug Administration (FDA). Yesterday, the FDA announced a recall of the potentially dangerous produce.
Escherichia coli (abbreviated as E. coli) are a large and diverse group of bacteria. Although most strains of E. coli are harmless, others can be extremely harmful. Strains of E. coli can cause diarrhea, urinary
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Death Linked to Defective Cribs

Yesterday, the Associated Press reported that on Thursday of this week the government recalled thousands of baby cribs manufactured by Simplicity and Graco, after warning that babies could suffocate or strangle in them. Apparently the problem with both types of cribs relates to faulty or defective hardware. According to the article, the Consumer Product Safety Commission said the Simplicity crib recall was linked to at least one death and it involved thousands of cribs. The recall involving Simplicity products is for all full-sized cribs

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Clients Deserve Better And So Do Lawyers

Last night after a long day at work I went home and decided to browse local television shows. In so doing, I came across a program entitled “American Greed.” The topic of the program I was watching was extremely disappointing to me but regrettably a symptom of modern day society. The program dealt with greedy lawyers who were stealing from their clients. I watched the program in amazement because the greed of these lawyers was utterly fantastic and extremely disappointing to me as a plaintiff’s
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