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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Complications Of Bad Back Cases

In serious injury cases, usually arising from tractor-trailer collisions or automobile accidents, it is not uncommon to see clients with serious back injuries which create a host of physical and mental problems for the innocent victim. If someone is rear-ended by a tractor-trailer, as an example, and suffers a significant back injury requiring a fusion or other surgical procedure, it is not uncommon at all for such a client to develop leg problems, hip problems and other associated maladies. The mental stress
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Attacking “Independent” Experts For Bias In A Personal Injury Case

As we have written before, it is becoming increasingly necessary that plaintiff’s counsel be prepared to attack the veracity and credibility of so-called “independent” experts in personal injury cases. Insurance companies and defense law firms routinely retain medical “experts” to testify that plaintiffs are not injured at all or have only suffered minor injuries. They do this by examining diagnostic tests and/or by offering testimony that the test results do not substantiate a traumatic injury. Such testimony can be extremely misleading because oftentimes a clinical
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How Insurance Companies Attack Bad Back Claims

Increasingly we are seeing a trend that started many years ago but continues today. This involves the use of so-called “independent” experts to provide testimony in personal injury cases to the effect that the claimant has suffered no injury at all or, if any injury, only a minor one. Insurance companies employ so-called “independent” medical examiners to review radiology films, many times, so that a radiologist can testify that based upon an examination of the film, there is no evidence of trauma seen, thus the
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Bicycle Accidents On The Rise

We read this past week an article in the paper about the increasing number of cyclists hit by automobiles under a variety of different circumstances typically involving gross negligence by the driver. In one reported case, the driver was on her cell phone and hit the cyclist from the rear while speeding. In another case, a drunk driver ran over a cyclist. In another reported case, a speeding motorist hit the cyclist on the shoulder of the road, killing him.
During the summer, of course,
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The Importance of Stackable Uninsured/Underinsured Insurance Coverage

We have written before about the importance of uninsured/underinsured motorist coverage. This past week we resolved a case for a client that is a classic demonstration of why it is so very important that uninsured/underinsured motorist coverage be purchased at the time one acquires liability insurance coverage for their own vehicle.
In the case we mentioned, a young lady was hit by a driver who was clearly negligent. Unfortunately, the driver of the vehicle that injured our client had only the minimum limits of liability
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Professional Service In A Personal Injury Case

For any innocent victim of a car accident where an at fault driver runs a stop sign, crosses the centerline or otherwise seriously injuries an innocent motorist, one of the essential ingredients of professional legal services for the victim is personal interaction between the victim and their attorney. In a serious case the innocent victim/client will need an attorney. Due to mass marketing, however, in many cases, clients may go to law firms where most of their interaction is not with attorneys but with lower
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What is Stackable Uninsured/Underinsured Insurance Coverage

When one purchases an automobile insurance policy from their insurance agent, the real reason that the policy is being purchased is to comply with Georgia law, which requires that all automobile drivers have minimum limits of liability insurance in the amount of $25,000.00 per person, $50,000.00 per accident. What this means is that if a driver is to drive lawfully under our laws, one must be financially responsible. If one runs a stop sign and injures another individual and breaks their leg, as an example,
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Most Dangerous Intersections For Motorcycles

Our Atlanta attorneys frequently litigate motorcycle accident cases. Our experience over many years shows that in almost all cases the motorcyclist was not at fault.
Recently, the Atlanta media reported a case in which a young man was fatally injured in the Little Five Points district when the scooter he was driving was hit from behind by a vehicle.
Allstate insurance company has conducted a study of the most dangerous intersections in Atlanta for motorcycle riders.
The data indicates that the intersection of 14th Street
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Deadliest Months For Teen Drivers Begin

As teens begin summer vacations, a disturbing warning has been issued by the U.S. Department of Transportation.
The latest data from U.S. Department of Transportation’s Fatality Analysis Reporting System show that the deadliest days of the year for teens ages 15-19 are in the months of May, June, July and August. During these four months, nearly twice as many teens died on the roads each day as compared to the rest of the year – for an average of nearly 16 deaths per day (15.9)
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Pedestrian Accidents

We read in the paper this week news articles about various traffic incidents involving pedestrians. In one case a drunk driver hit a pedestrian who was walking in a crosswalk at an intersection. The drunk driver apparently ran the stop sign running over and killing the pedestrian. In another case, again, a pedestrian was in a crosswalk and a driver simply failed to pay attention to the situation and ran over the pedestrian, seriously injuring the victim.
Big cities are dangerous because there are many
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