In The News

Published on: January 8, 2009

Atlanta Botanical Garden Construction Accident Update

More than two weeks after the construction accident at the Atlanta Botanical Garden that killed one worker and injured 18 others, the last worker who was still receiving treatment for his injuries, has been discharged from the hospital.

That means all of the workers who were injured are now back at home, many still facing the prospect of extensive physical rehabilitative therapy to regain their strength. Since the collapse of the pedestrian walkway at the Garden on December 19, doctors have treated workers with injuries ranging from fractures, to spinal and brain injuries.Fortunately, there have been no spinal cord injuries that resulted in paralysis. At The Shepherd Center, where doctors treated at least half a dozen victims of the collapse, all the workers were able to walk out of the facility. Fortunately, there have been no spinal cord injuries that resulted in paralysis.

The accident occurred when workers were pouring concrete on the walkway, billed as the only one of its kind in the country. The bridge suddenly collapsed, toppling all workers standing on the bridge, more than 40 feet to the ground below. One worker, Angel Chupin was confirmed dead in the initial minutes after the accident.The collapse has raised questions about the stability of the under-construction pedestrian bridge, and the kind of priority given to the security of workers who were on the bridge. In the days after the accident, we have also learned that Hardin Construction, the company that was overseeing construction work at the walkway, has had a worker die in an accident in 2001, when his head became trapped between a ceiling and platform at a construction site. The concrete company that was overseeing the pouring of the concrete on the walkway has also had a worker death in the past due to a truck malfunction. The Occupational Safety and Health Administration is conducting investigations into the accident at the Garden, but it will be months before we find out the level of negligence that may have caused the structure to collapse the way it did.

Published on: December 9, 2008

Supreme Court to Consider Drug Labeling

by Robert N. Katz, Esq.

The United States Supreme Court heard oral argument in November in a case called Wyeth vs. Levine.The case comes out of a Vermont Supreme Court decision.Diane Levine was a musician who suffered from migraine headaches.A physician’s assistant administered the drug Phenergan during a “push-IV” injection.The PA accidentally injected the drug into Levine’s artery instead of a vein.This caused tissue necrosis, gangrene, and the eventual amputation of her hand and forearm.

The drug Phenergan, manufactured by Wyeth, had a warning label that warned of this risk if the drug was injected into an artery.The Federal Drug Administration (FDA) had approved the label.Levine warned that the label did not warn of the risks associated with hitting an artery during a push-IV. A Vermont jury awarded Levine $6.8 million against Wyeth.Wyeth argued that the approval by the FDA constituted pre-emption by federal law of state law tort claims.The Vermont appellate courts upheld the verdict, and Wyeth appealed at the federal level.

The United States Supreme Court is now considering whether federal law supersedes state law in drug labeling cases.Currently, state law could supercede federal requirements if new information became available about the drug or the FDA failed to disclose certain risks. In this case, however, Wyeth knew of the risk of harm and did in fact warn of the risk.The risk of harm caused by injecting into an artery is a 1 in 20 million chance of a gangrene adverse reaction. Levine argues the warning should have been stronger, specifically that the push-IV method increased the risk of hitting an artery.

Published on: October 28, 2008

Georgia DOT in Budget Crisis

by Robert N. Katz, Esq.

A state audit recently revealed that the Georgia DOT (DOT) has a $456 million dollar budget shortfall. The Georgia Constitution does not allow a state agency to run a deficit.Thus, the State Board of Transportation has had scramble to cut funding for road projects in 2010.

The DOT is governed by a 13-member State Board of Transportation.The Board decides which public roads will be part of the state highway system, approves long-range construction projects, oversees construction projects and administers lease agreements among other duties.

Audit problems have waylaid the big budget road projects as the DOT faces an $8 billion dollar shortfall over the next six years.If the Georgia Legislature approves the 2010 budget, thirty percent of the state’s main road budget will go for payments on previous road project commitments.Much of the road budget goes to repaving, repairs and maintenance.There will be less money for new construction of highways, safer interchanges, and bridge replacement.

Published on: September 28, 2008

Carnival Worker Injured in Amusement Ride Fall

by Robert N. Katz, Esq.

On Sunday, a carnival worker was critically injured when he fell forty-five feet from the outside of a Roll-O-Plane carnival ride at the Plaza Fiesta on Buford Highway in DeKalb County.The outdoor carnival is operated by Gold Medal Shows.

According to witnesses, the worker was trying to secure a door of the ride when the ride started moving and he was hoisted into the air.The Roll-O-Plane is a bullet-shaped passenger cabin that spins upward by a single rotating arm.After losing his grip at the top of the ride, the worker plunged onto a steel support beam at the base of the ride.

Two teenage brothers were inside the ride with an unsecured door at the time of the accident.Their horrified mother watched from below while they were trapped atop the ride for twenty minutes.DeKalb County Firefighters rescued the teens.Initial reports blame human error for the mishap.

Published on: September 19, 2008

Insurance Giant AIG Now Owned by US Government

by Robert N. Katz, Esq.

This week in a stunning shake up of the financial markets, AIG, the largest property and casualty insurer in the world, was saved from bankruptcy when the federal government stepped in at the last hour with an $85 million bridge loan of United States taxpayer money.

On Wednesday, the feds orchestrated the loan along with taking an 80 percent ownership interest in the company.That’s right, the United States government now owns the world’s largest property and casualty insurance business. While the federal government interceding to takeover and in effect nationalize an ailing private company is not unprecedented, it was a rare occurrence in the United States until this week.

AIG’s biggest block of business, general insurance, accounts for nearly half of the holding company’s $110 billion revenue.However, AIG’s financial unit was heavily involved in providing credit default insurance, which was linked to subprime mortgages.

Published on: September 12, 2008

Injuries Caused by Lightning at Outdoor Sporting Event

by Robert N. Katz, Esq.

Twelve people were injured this week in Houston County when lightning struck at an outdoor middle school football game.One adult is in critical condition.Lightning struck while crowds were evacuating the stands.

As school has resumed, outdoor athletic events are taking place during what has been an excessive storm season.When storms threaten, school officials and coaches must not let their desire to compete in the sport override crowd and player safety.

Each year many people are killed or injured due to misinformation and inappropriate conduct during thunderstorms.Lightning casualties have increased at sporting events and for children of school age.Most of this trend is related to outdoor sporting activities.Hence, schools and other sports organizations need to develop specific policies for lightning safety at sports events.

Published on: September 4, 2008

Allstate Rates as Worst Insurer

by Robert N. Katz, Esq.

The American Association of Justice, a trial lawyer’s advocacy group, ranked Allstate Insurance Company as the worst insurer for consumers.The group based its rankings on an evaluation of legal filings showing a pattern of greed, refusal to pay legitimate claims, and rewarding employees for claim denials.

The AAJ says its rankings are backed by thousands of court documents produced during litigation against the insurer and complaints filed with state insurance regulators, the SEC and the FBI.Apparently in the mid-1990s Allstate contracted the consulting giant, The McKinsey Group, to help change its claim policy to one of “lowball” offers and systematic denials.

The rest of the list includes:

Published on: July 9, 2008

Bus Crash Caused by Faulty DOT Signage

by Robert N. Katz, Esq.

The National Transportation Safety Board (NTSB) met yesterday to review the March 2, 2007 bus crash at Northside Drive and I-75 that killed seven people and injured twenty-eight on-board passengers.The NTSB ruled the cause of the crash to be signage confusion and driver error.The NTSB also attributed the deaths to lack of passenger restraints in the bus.

The crash occurred when the bus driver, traveling southbound on I-75, mistook an HOV exit ramp at Northside Drive for the HOV through lane.The bus was carrying members of Ohio’s Bluffton University baseball team as well as the bus driver and his wife.The driver and his wife were killed in the accident as well as five other team members.All twenty-eight surviving passengers were injured when the bus went off the overhead concrete barrier at Northside Drive and crashed onto the interstate below.

The HOV lanes were added at the time of the summer Olympics in Atlanta in 1996.Ten years of traffic accidents at this site show a history of confusing signage for motorists.The Georgia Department of Transportation (GDOT) maintains this roadway.

Published on: July 2, 2008

Six Flags Ride Kills Teen

by Robert N. Katz, Esq.

On Saturday, June 28^th, seventeen year-old Asia LeeShawn Ferguson, was decapitated when he was struck by the Batman roller coaster at Six Flags over Georgia in Austell, Georgia.

Witnesses report that Ferguson, who was with his family and a church group from South Carolina, scaled two perimeter fences with another teenage friend and entered a danger zone inside the ride area.

Although some witnesses indicate Ferguson was trying to retrieve a lost hat or possibly touch the feet of riders on the ride, Cobb County police dismissed those rumors as unsubstantiated.Instead, Ferguson and his friend may simply have been trying to re-enter the park from the parking lot rather than using the main entrance as required.

Published on: May 29, 2008

Multi-Million Med Mal Verdict Awarded in Gwinnett County

by Robert N. Katz, Esq.

Monday a jury in Gwinnett County awarded a plaintiff a five million dollar verdict against the Gwinnett Hospital System for a nursing malpractice.

Plaintiff, Wendy Wyckstandt, 34, returned to the hospital four days after giving birth due to medical complications of postpartum high blood pressure.She collapsed while taking a shower in her hospital room.When her mother entered her room, she found her near lifeless body in the running water. She died a day later; her death caused by drowning.

The nursing staff claimed to have checked on her during the day, but video surveillance proved otherwise.The plaintiff’s attorneys claimed the hospital staff altered records and kept evidence from the plaintiff’s attorneys.Eight years of legal wrangling has finally resulted in a huge verdict award for the plaintiff.The hospital has indicated it will appeal the verdict.