Personal Injury

Avandia – A Dangerous Diabetes Drug

Avandia was approved by the FDA in May 1999 for use in improving control of blood sugar levels in Type 2 diabetics. Since its approval, Avandia, which is manufactured by GlaxoSmithKline, has been used by more than seven million people worldwide and is, today, being used by over one million Americans.
According to a study on Avandia conducted by the Cleveland Clinic which was published on May 21, 2007, by the New England Journal of Medicine, the popular drug is linked to a greater risk
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Defective Hernia Repair Mesh Patch Recalled

The Composix® Kugel Mesh Patch is used to repair inguinal, ventral and laparoscopic hernias. The purpose of the patch is to keep the intestines in the abdominal cavity. The patch is typically placed behind the hernia defect by means of an incision. The patch is then held open by a memory recoil ring.
The Composix® Kugel Mesh Patch was recently recalled by its manufacturer, Davol, Inc., a subsidiary of C.R. Bard, Inc., after it was discovered that the memory recoil ring can break under stress
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Serious Injury Settlements–Are They Taxable?

Many people we have represented in serious personal injury cases whether they workplace accidents, trucking accidents, automobile accidents or dangerous products have asked whether settlement proceeds or payments made to an injured party as aresult of a jury verdict are taxable. The general rule is that those payments are not taxable.
The Internal Revenue Code provides, “Except as otherwise provided”, gross income for the purpose of calculating Federal income tax includes “all income from whatever source derived”. Sec. 61(a). This definition is sweeping in scope,
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If You Are Injured In A Motor Vehicle Collision – Do’s and Don’ts

In Georgia, the driver of a vehicle involved in an accident resulting in injury to or death of any person or property damage to an apparent extent of $500.00 or more shall immediately, by the quickest means of communication, give notice of such accident to the local police department if such accident occurs within a municipality. If such accident occurs outside a municipality, such notice shall be given to the office of the county sheriff or to the nearest office of the state patrol.
In
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Report Underscores Dangers of Medicines

A recent study reported in the Archives of Internal Medicine has concluded that reports to the Food and Drug Administration of dangerous side effects and deaths from widely used medicines almost tripled between 1998 and 2005. The number of deaths and serious injuries from prescription and over-the-counter drugs climbed from 34,966 to 89,842 during the time period.
Powerful narcotic painkillers such as Oxycontin, were among 15 drugs most often linked with deaths in the study. Other drugs such as insulin, the arthritis drugs Vioxx and
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Closed Head Injuries and Brain Damage

Any trial lawyer who has ever handled a closed head injury case knows that brain damage can occur even if there is no direct blow to the head. Quite literally, the brain is like a bowl of Jell-O. If the head is shaken, the brain moves within the skull and due to acceleration and rotational forces, not necessarily direct blows, the brain can be damaged. Nor does an injury have to be severe to cause lasting brain injury. In short, a closed head injury without
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Consumer Drugs and Serious Injuries: A Growing Problem

According to an article that appeared in the U. S. News and World Report on September 10, 2007, the number of serious “adverse” drug events more than doubled between 1998 and 2005 in the United States as did a number of related deaths. Adverse event reports are filed when a doctor or hospital realizes that a patient has suffered a serious drug event that has resulted in death, hospitalization and/or other life threatening complications which requires medical intervention to prevent harm. Between 1998 and 2005,
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Side Crash Protection To Be Standard In Cars

Our lawyers frequently review cases in which cars sustain side impacts which result in serious injury and death. Beginning in the 2013 model-year all new passenger vehicles will be required to provide head protection for side crashes. New regulations, announced by the National Highway Traffic Safety Administration, are designed to reduce deaths and injuries of motorists who are struck by another car or truck along the vehicle’s side
The safety upgrades, which have been under review since 2004, could save more than 300 lives and
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Codeine Can Be Fatal to Breast-Feeding Infants

The US Food and Drug Administration (FDA) adverse event and reporting program has issued a warning that medications containing codeine given to breast-feeding mothers who rapidly metabolize codeine into morphine may cause adverse effects in their infants.
Codeine is generally considered safe for use in nursing mothers; however, last year, a healthy 13-day- old breast-fed infant died from very high levels of morphine received through breast milk. The mother was taking codeine at a dose lower than that usually prescribed for post delivery pain. However,
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Causes of Falls in Nursing Homes

While reviewing cases involving falls in skilled nursing facilities our lawyers have determined that there are several causes of falls that we see frequently. The first involves patient’s characteristics. Dementia associated with “sundowner” syndrome or nighttime confusion is a common occurrence. In this situation, the patient may awake in the middle of the night not knowing where he or she is, experience a drop in blood pressure from arising too quickly, and have a momentary dizzy spell. This almost invariably leads to a fall.
Another
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Innocent Pedestrian Killed During High Speed Police Pursuit

On February 5, 2012, a thirty-one year old woman was killed in a residential neighborhood as police officers were pursuing shoplifting suspects. The news accounts do not provide a great deal of information about what the suspects allegedly stole but tragically, again, the question arises in the context of these dangerous pursuits, is it worth risking a human life to apprehend a fleeing shoplifter? Could not other law enforcement techniques have been utilized to apprehend the suspects later, under much safer circumstances? Here, rather
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Motorcycle Accidents And The Need For Uninsured Motorist Coverage

In those situations where motorcyclists are involved in automobile collisions, as might be imagined, the injuries sustained can be rather serious. There is no protection other than the helmet for the motorcycle rider. If a motorist fails to yield right-of-way to an oncoming motorcyclist and fails to yield, the results tragically can be either death or very serious injury. What compounds the tragedy is the case where the at fault motorist has either minimum limits of insurance or no insurance at all. In such
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The Aftermath Of Tort Reform: Dealing With The Apportionment Statute

In 2005, the Georgia Legislature passed what is known as the Tort Reform Act of 2005. One of the statutes enacted is O.C.G.A. § 51-12-33(c). This provision of the law states that in assessing percentages of fault in any tort action, the trier of fact shall consider the fault of all persons or entities who contributed to the alleged injury or damages, regardless of whether the person or entity was or could have been named as a party to the suit. Thus, in any tort
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Tort Claims Against State County And Municipal Governments

Any one who is injured by the acts or omissions of a government agency or employee should understand that there are some hidden traps that could defeat their claims if the law is not followed, in some cases, scrupulously followed. Here we refer to the ante-litem notice provisions required under Georgia law in order to perfect a claim against a government officer or entity. In certain circumstances, if a timely ante-litem notice is not filed, either with a city, county or state government, the
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The Impact Of Divorce On Wrongful Death Actions

A divorce is traumatic in and of itself but becomes particularly tragic when either during the divorce or after its conclusion the wrongful death of a child occurs. In such circumstances, the wrongful death claim belongs to the parents jointly. Either one, therefore, has the right to bring the wrongful death claim but if one proceeds unilaterally in doing so, they do so in a fiduciary capacity, meaning that if they ever recover anything, they must hold the monies in trust until such time
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The Impact of Pre-Existing Injuries On Personal Injury Case Evaluation

It is not uncommon in our practice to be asked to represent clients in automobile cases who have pre-existing conditions. The closer in time to an accident the pre-existing condition is, the more difficult it is to separate the proverbial “wheat from the chaff” and to prove that the client’s problems arising out of the current accident were either caused by that accident and/or were aggravated by it. While it is not necessary, as a matter of law, to prove that the new injury
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The Impact Of Contributory Negligence On A Personal Injury Claim

As lawyers we are often consulted by prospective clients inquiring about whether they “have a case.” Sometimes they do and sometimes they do not. Oftentimes those who do not have cases are themselves guilty of contributory negligence. In Georgia, this is a very difficult problem to overcome because typically juries are not as likely to award damages to someone who substantially contributed to their own injuries due to their own negligence.
A classic case of contributory negligence is where a motorist is approaching an intersection
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Assessing Damages In Serious Burn Injury Cases

Unfortunately, in the normal course of our law practice, we have encountered clients who have sustained serious burn injuries. These cases are always extremely painful for clients and oftentimes results in permanent disfigurement. Indeed, a burn injury is one of the most painful injuries anyone can sustain and unfortunately we have seen them arise in a variety of contexts, whether it be gasoline fires after automobile accidents, accidents within the home due to defective products and/or chemical burns sustained on the job.
One of
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Fatal Police Chase Results In Dismissal Of State Trooper

We read in this weekend’s news accounts that a Georgia State Patrol Trooper had been fired for failing to exercise “due regard” for the safety of the public while he was allegedly responding and on his way to aid another trooper involved in a high speed police chase on Interstate I-20. On New Years Eve, an innocent motorist was killed when this Georgia State Patrol Officer allegedly ran a red light and struck the vehicle occupied by the decedent.

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Another Police Chase Kills Another Innocent Person–the Wife of Atlanta Braves Trainer Jeff Porter

Too familiar is this week’s tragic story of how a police cruiser struck an innocent motorist and caused the death of Kathy Porter, wife of Atlanta Braves Head Athletic Trainer Jeff Porter.
Late Saturday afternoon, the Porters were among many fans driving to the Chick-fil-A bowl in downtown Atlanta–a short distance from the Braves’ home at Turner Field. A Georgia State Patrol cruiser–reportedly speeding on city streets to join a chase of a motorcyclist on I-20– crashed into the Porters’ Ford Expedition on the passenger
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