Personal Injury

NEW DRUG LABELING LAW

As the Georgia Injury Lawyer Blog attorneys have writtten about before, prescription drug manufacturers can cause serious personal injuries and death by failure to warn of a prescription drug’s hazardous side effects. A new law requires prescription drug companies to take steps to ensure drug safety and eliminate the risks of needless serious personal injury or death.
In late September, President Bush signed into law the Prescription Drug User Fee Reauthorization Act, PDUFA. This Act creates new federal safety requirements for drug companies, and
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Spoliation or Destruction Of Evidence

Spoliation is defined as the destruction or a significant or meaningful alteration of evidence. For many years, in Georgia, spoliation of evidence has given rise to a presumption against the spoliator which has resulted in discovery sanctions in appropriate cases. Many states actually recognize a separate tort of spoliation. However, Georgia courts have not yet embraced that concept.
Spoliation of evidence is actually a type of fraud which interferes with the plaintiff’s opportunity to win a lawsuit. In some cases, it can logically be expanded
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Medical Malpractice or Frivolous Litigation?

It seems that all the time we read articles about the need for reform in the medical malpractice area because of so-called frivolous litigation. The argument always seems to be that claims are being brought which are frivolous and that medical malpractice rarely occurs. The truth is that, like any other human undertaking, malpractice does occur in the field of medicine. Sometimes, the malpractice can be egregious and the mistakes life altering.
Just today we read a story about a lady who had a double
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FORMER CHIEF JUDGE OF CLAYTON COUNTY SUPERIOR COURT JOINS FIRM

Stephen E. Boswell, former Chief Judge of Clayton County Superior Court, has joined one of the Atlanta area’s longest established law firms, Finch McCranie, LLP., according to Richard W. Hendrix, partner in the firm.
Judge Boswell recently retired from the Superior Court bench after serving 13 years as a Superior Court Judge, over two periods of service since 1982. Previously, he was in private practice in the Atlanta area for 16 years, with a variety of experience in civil and criminal jury trials.
As of
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Georgia Motorcycle Accident Kills One, Injures Another

We read in yesterday’s paper where one motorcyclist was killed and another seriously injured after their bikes were involved in a multi-vehicle wreck just outside of Atlanta in Cherokee County. According to the news accounts, the bikers were among a group of 40 to 50 taking part in a charity bike ride when the crash occurred. The news report indicates that a teenage driver struck a lady who was sitting stopped at a stop sign waiting for the motorcyclists to pass her when, after being
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Civil Restitution For Crime Victims In Federal Court

In 1996 the United States Congress enacted the Mandatory Victims Restitution Act of 1996, which makes restitution mandatory upon a defendant’s conviction for a federal violent or property crime in which there is an identifiable victim who has directly and proximately suffered physical injury or monetary loss. Upon conviction for other federal crimes, including drug offenses, the imposition of restitution is in the discretion of the sentencing court. In instances in which restitution is imposed, the court “shall order restitution to each victim in the
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Another Chinese Toy Recall

The Associated Press is reporting that yet another massive recall of Chinese-made toys has been issued. Toys and child necklaces made in China were recalled Wednesday because they contain dangerous levels of lead. The recalled toys contained high levels of lead on their surface paint and the necklaces and jewelry sets contain excessive lead in some of their metal parts.
Under current regulations, children’s products which contain more than .06% of lead accessible to users are subject to a recall. The Consumer Product Safety Commission
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Food Poisoning Danger – Recall Due To E. coli

Our firm was recently retained to represent a gentleman who almost died after he consumed a meal at a restaurant in south Georgia. It seems like our food supply is not as safe as it used to be. Time and time again we hear and read about horrific food poisoning injury cases, some resulting in death.
The U.S. Department of Agriculture reported this week that a New Jersey-based meat processor has voluntarily recalled 331,582 pounds of frozen ground beef products that may be contaminated with
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Effort to Control Hospital Infections

In an analysis made public this week, Consumers Union, the publisher of Consumer Reports Magazine, compared data compiled by the Federal Centers for Medicare and Medicaid Services showing compliance with infection control measures for hospitals in Maryland and Virginia.
Consumers Union is advocating a bill before Congress that will require hospitals to publish their infection rates. The analysis determined that the hospitals in both states generally performed about as well as hospitals nationwide. But, according to the study, the hospitals in each state varied greatly
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Gadolinium Contrast Agent – A Dangerous Drug Under Investigation

Many of us who have handled serious personal injury cases, including those involving brain injury have seen MRI’s performed using various contrast agents for years. One of those agents does not appear to be as safe as once thought. Gadolinium, or gadodiamide, is a contrast agent which allows an MRI to define normal tissue from abnormal tissue in the brain and body. The FDA declared Gadolinium safe for use in contrast MRI’s in 1988.
In June 2006, the FDA first notified health care professionals and
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Georgia SUV & Pickup Truck Rollovers -The Importance of Electronic Stability Control

Severe personal injuries – often including spinal paralysis, closed head injury brain damage, and even death – frequently result from vehicle damage that is sustained in rollover car accidents in Georgia and other states. According to April 19, 2007 Status Report published by the Insurance Institute For Highway Safety, nine vehicles, all SUV’s and pickups, have more than 75 deaths per million vehicles in single vehicle rollover crashes, compared with an average of 24 in all 2001-04 vehicles during 2002-05. This higher rate is largely
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Sovereign Immunity: An Antiquated Doctrine With Harsh Results

When I speak to potential clients about claims against government employees and entities, they are often startled to learn about the antiquated but harsh doctrine of sovereign immunity. Many states have made changes to their laws to minimize the impact of this legal doctrine upon the innocent. However, in many circumstances, states like Georgia still employ the doctrine to defeat the claims of those injured by government actors. While some improvements in the law have been made, regrettably, they have not been sufficient to address
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Van Accidents

Large vans are frequently used to transport college and other school sports teams, commuters, students, day care children, the elderly, and church groups. The accident rates for these vans are alarming.
According to the National Safety Transportation Board, between 1994 and 2004, there were 1,512 fatal crashes involving 15-passenger vans. In 2004 alone, 120 occupants of 15-passenger vans died in crashes involving these vehicles A total of 642 of these were single-vehicle crashes and 515 of the vehicles rolled over. More than half of the
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Soccer Goal Recall

About 190,000 MacGregor and Mitre folding soccer goals were recalled Tuesday, after the death of a young child. The recalled goals were manufactured in China. Anyone having one of these goals should remove it immediately.
The Consumer Product Safety Commission said a 20-month-old boy from Texas was strangled when his head and arm became entangled in the net of one of the recalled goals.
The gaps in the recalled nets are about 20 square inches, which is a dangerous size according to the CPSC. The
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Spanair JK5022 (Update): Abogados especializados en casos de Litigacion Internacional de choques aereosdente aereo

Spanair JK5022: Creo que le interesaría ver este video animado, el cual fue preparado por la firma Kreindler:
http://www.kreindler.com/kreindler_news/news_current/Spanair5022-Full-animation-video.html
Para una consulta gratis, favor de enviar su correo electronico precionando aqui (haga clic aqui).
__________________

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Legal Remedies for Victims of Sexual Assault

In our serious injury practice, regrettably, we have seen more and more cases involving sexual assault. These cases arise in of a variety of contexts. We have seen assaults on minor children committed by third parties (such as school or church officials), we have seen sexual assaults on wards of mental institutions committed by employees entrusted with their care and we have seen sexual assault cases involving rape where there has been negligent or gross security by apartment complexes where, for example, the tenant is
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Zyprexa Documents Unsealed

Highly respected Judge Jack B. Weinstein of the United States Federal District Court in Brooklyn decided on Friday to unseal confidential materials about Eli Lillys top-selling antipsychotic drug Zyprexa.
Judge Weinstein’s ruling was part of an order that gave class-action status to a case brought by insurance companies, pension funds and unions that allege Lilly owes them billions of dollars they spent on the drug. They allege that Lilly hid the side effects of the drug and marketed it for unapproved uses.
The Judge ordered
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New Product Safety Law

Last month, consumer, public interest and scientific groups applauded President Bush for signing product safety reform legislation into law that will overhaul the Consumer Product Safety Commission (CPSC).
The Consumer Product Safety Improvement Act of 2008, was passed overwhelmingly by Congress. The new law will make consumer products safer by requiring that toys and infant products be tested before they are sold, and by banning lead and other harmful chemicals in toys, by creating a comprehensive publicly accessible consumer complaint database, give the CPSC the
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FDA Discloses Drugs Under Investigation

Yesterday, the Food and Drug Administration began posting a list of prescription drugs under investigation for potential safety problems.The first list is a bare-bones compilation naming 20 medications and the potential issue for each. It provides no indication of how widespread or serious the problems might be, leading some consumer advocates to question its usefulness, and prompting industry worries that skittish patients might stop taking a useful medication if they see it listed.
Food and Drug Administration officials said they are trying to walk a
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Georgia Hospitals Perform Poorly

A new website, The Hospital Compare Web, run by the federal Centers for Medicare and Medicaid Services, shows 80 U.S. hospitals listed as top performers in the mortality rates for patients admitted with heart attack, heart failure or pneumonia. No Georgia hospitals were among the best performers. Nine Georgia hospitals rated worse than national norms on death rates for pneumonia or heart failure. The number of poorly performing hospitals in Georgia was higher than any state other than California.
Mortality rates for hospitals across the
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