It looks like Governor Sonny Purdue’s plans for tort reform in Georgia have hit the speed breakers sooner than he had anticipated.On March 10th, the senate approved a substantially tamer version of a bill that would have made plaintiffs pay in the case of a losing lawsuit. The original bill…
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Judges Uphold Right to Sue Drug Makers in Wyeth vs. Levine
Earlier this month, justices of the Supreme Court ruled that patients injured through use of a drug can sue the drug maker even when the drug has been approved by the Food and Drug Administration. It’s a landmark judgment, and it promises to offer patients who suffer when a pharmaceutical…
Democratic Lawmakers Introducing Legislation to Overturn Immunity for Medical Device Companies
Democratic lawmakers are planning to introduce legislation that would overturn a Supreme Court decision in February 2008 barring injured patients from suing a medical device company if the device had already received Food and Drug Administration FDA approval. In effect, the legislation promises to return patients their right to sue…
Georgia Introduces Pharmaceutical Immunity Bill
Earlier this month, we reported on Governor Sonny Perdue’s proposed legislation granting immunity from civil liability to pharmaceutical companies and medical device makers if their products had already received FDA approval. Earlier this month, a bill was introduced outlining many of the same proposals that the governor mentioned, and underscoring…
Governor Considers Tort Reform Again
Governor Sonny Purdue is at it again – he has proposed legislation aimed at reducing the number of "frivolous" lawsuits," including measures that are clearly aimed at making it harder for plaintiffs to initiate civil litigation against companies.Purdue’s proposals, which he unveiled at a breakfast meeting of the Georgia Chamber…
Medical Malpractice Rights Denied by Tort Reform
The Tort Reform Act of 2005 may be going up on appeal. In 2005 Georgia legislators saw fit to pass a Tort Reform Act that, among other things, gave emergency room doctors virtual immunity from negligence suits. That bill provided that the ER staff cannot be held liable for damages…
Wrongful Death Lawsuit Gets Family Crosswise
December 3, 2007 Last week the Atlanta Journal Constitution’s front-page article examined the complex legal issues that arise when two family members are involved in a single car collision.Sisters Yvonne Woods and Janice Carroll were traveling cross-country in Janice’s SUV.While driving her sister’s vehicle, Yvonne fell asleep.The SUV left the…
Stand Your Ground Laws Allowed In Georgia
November 20, 2007 ABC News recently reported on an incident in Pasadena, Texas last week and captured on a 911 tape where zealous gun owner, Joe Horn, noticed his neighbor’s home was being burglarized.Relying on the Texas “Stand Your Ground” law, the neighbor ran next door, shot and killed the…