Personal Injury

Published on: September 23, 2009

Most of Georgia’s Fatalities from Flooding-related Accidents

Most of Georgia’s Fatalities From Flooding-Related Accidents

Nine people have been confirmed dead in flash floods that swept through much of north Georgia, including the metro Atlanta area. Most of these deaths occurred when cars were swept away.

After severe flooding on Monday, the Georgia Department of Transportation closed down several bridges, roads and highways across the state. Many of these have now been reopened, and the weather is expected to clear soon.Several roads across the state in Bartow, Douglas, Paulding, Catoosa, Walker and Dooly Counties were closed down, and these have since been reopened.Schools were closed on Tuesday in several school districts, including Atlanta, DeKalb, Gwinnett, Cobb and Fulton.

Published on: September 22, 2009

Questions Remain After Child’s Death in Atlanta School Bus Accident

by Robert N. Katz, Esq.

Questions Remain After Child’s Death in Atlanta School Bus Accident

Earlier this week, a 5-year-old boy was killed when he was run over by a school bus. The driver of the bus has now been charged with homicide by vehicle second degree.

On Tuesday afternoon, Everett Johnson had just gotten off his school bus. According to witnesses at the accident site, Everett was walking in front of the bus, and dropped his book and bag. He was bending over to pick them up when he was struck by the bus, which had begun to move forward. Everett came under the right front tire. He was rushed to the hospital, but died later.

Published on: August 6, 2009

Two Seriously Injured in Columbia County Car Accident

by Robert N. Katz, Esq.

Two people were seriously injured in a multi vehicle car accident in Evans in Columbia County on Monday.

According to the Augusta Chronicle, the accident was set off when Evans-resident Gregory Teasley, who was eastbound on Washington Road, crossed the center line and struck the side of a GMC truck. Teasley’s car was pushed into the oncoming lane where it struck a Jeep Cherokee head on. Both Teasley, and the driver of the Jeep Cherokee, a 74-year-od woman, suffered serious injuries, and had to be airlifted.

According to witnesses who had been behind Teasley’s car, he had been weaving in and out of the traffic for several miles before the crash took place. Columbia Country Sheriff officials say they will be filing charges against him Teasley. There’s no information on whether alcohol or drugs were involved here

Published on: May 18, 2009

Georgia Embarking on Seat belt Campaign to Reduce Accident-related Injuries

by Robert N. Katz, Esq.

Law enforcement agencies in the state have launched a campaign to encourage seatbelt use among Georgia drivers to prevent serious accident-related injuries, especially those occurring on rural roads. It is a shift from previous efforts that focused such enforcement in urban centers, and it has to do with the dismal picture of seatbelt use in rural areas.

According to Governor’s Office of Highway Safety deputy director Spencer Moore, rural roads are some of the most dangerous ones, but seat belt usage here is much lower than in urban centers. In 2008, drivers in urban areas in the state were 84 percent likely to buckle up, while in rural areas, that percentage was 79. The discrepancy in seatbelt usage in urban and rural areas is clear to see in the accident fatality rates in these regions. In 2007, 342 people died in automobile accidents in the five metro Atlanta counties. During the same period of time, 527 died in accidents in Georgia’s most rural counties.

Seatbelts save lives. While those higher fatality rates on rural roads may have to do with other causal factors like a shortage of trauma centers in these areas, seatbelts can prevent the kind of critical injuries that result after serious accidents.

Published on: May 5, 2009

Georgia Ranked on List of States with Poor Doctor Discipline

by Robert N. Katz, Esq.

A new report by non-profit organization Public Citizen has placed Georgia on the list of ten worst states based on doctor discipline records. The report takes into consideration the numbers of disciplinary actions taken by the state’s boards of medical examiners against negligent physicians. In Georgia, the rate of actions against such doctors is a dismal 2.40 actions for every 1,000 physicians. The state is tenth on the list following Minnesota with a paltry .95 actions per 1,000 doctors, South Carolina, Wisconsin, Mississippi, Connecticut, New Hampshire Maryland, Florida and California.

Not only that, Georgia is also specially marked for criticism as one of the states with the largest decrease in rank for disciplinary action rates. Between 2001 and 20003, the state was at number 15 on the list, while it has dropped to number 42 in this year’s report.

Georgia should take a page out of the book of fellow southern states like Kentucky and Louisiana, each of which features in the ten best states for serious disciplinary actions against doctors. That list also includes Alaska where 6.54 serious disciplinary actions were taken for every 1,000 doctors, Kentucky with 5.87 disciplinary actions, Louisiana with 4.74 actions besides Ohio, Arizona, Okalahoma, North Dakota, Iowa, Colorado and Maine.

Published on: April 29, 2009

Four Year Old Boy Severely Injured in Rockland County Dog Bite Attack

by Robert N. Katz, Esq.

A 4-year-old Rockland County boy, who was severely mauled in a dog bite attack, is looking at skin graft surgery to fix the injuries, as well as surgery to fox his ear. Nathaniel Stafford was attacked by a Labrador-pit bull mix that his family had been looking after for its owner. His mother found the boy with his head gripped in the dog’s mouth. The pit bull mix was shaking him violently. The boy’s mother pulled him away, and suffered a bite on her arm in the process.

By the time the terrifying ordeal had ended, much of Nathaniel’s scalp had been ripped apart and his ear had been torn off. His stepfather picked up the ear, and put it in a bag to reattach in the hospital. The doctors have not been able to confirm whether they will be reattaching his ear, or if he will need to have a prosthetic ear attached.

Nathaniel is bound to be traumatized after the dog bite attack. Beside the serious head injuries and the mutilated ear, the boy also suffered throat lacerations. He is an animal lover, although how he will react to any dog from here on, is debatable. The dog’s owner meanwhile has agreed to have the dog which is currently being held in quarantine at an animal shelter, put down.

Published on: April 25, 2009

Augusta Patient Among HIV Positive After Medical Errors at VA Hospital

by Robert N. Katz, Esq.

The Department of Veteran Affairs has confirmed that three patients who were tested at three of its facilities have tested positive for the HIV virus, including one patient from Augusta, Georgia. The two other patients are reportedly from Murfreesboro in Tennessee and Miami.

These patients got tested for HIV after the Veteran Affairs Department asked more than 10,000 people to get tested for HIV, and Hepatitis B and C because of the risk of contamination from tainted endoscopic equipment. The equipment was used in colonoscopies in Murfreesboro and Miami, and also at an ENT clinic in Augusta. Besides, the department has also confirmed that six people have tested positive for hepatitis B, and nineteen have tested positive for Hepatitis C at these three sites. The VA however does not have evidence that these exposures occurred because of botched medical procedures at the VA facilities.

The problem apparently lay in faulty sterilization of equipment, and dates back more than 5 years, at least at the Miami and Murfressboro hospitals. The agency undertook a nationwide safety training campaign which ended on March 14^th. By April 3^rd, the VA had already confirmed that one person had tested positive for HIV. According to the VA, the number of people who may be at “a very small risk of harm” at the ENT facility in Augusta, is 1,069. The agency has made arrangements for veterans who have tested positive for the disease to receive counseling. There is no information forthcoming on how serious the problem is. Meanwhile, anxious veterans who have used Augusta facilities are waiting their test results.

Published on: April 7, 2009

Georgia’s School Students at Risk for Illnesses from Toxic Exhaust Fumes

by Robert N. Katz, Esq.

Georgia’s school children are sharing their buses with more than just their school mates, this report reveals. The presence of several types of toxins that can not only trigger asthma and other respiratory disorders, but also cause cancer is enough reason for parents to worry. .

According to the report, newer school buses come with special particulate filters that block these toxins from entering the passenger cabins. However, an overwhelming majority of school buses in operation in the state are older and come with an antiquated exhaust system that does little to prevent particulates from entering the cabin.In the cabins, these often carcinogenic substances wear away at young, developing lungs that are more at risk for the detrimental health effects caused by these minute particles.

Some schools seem to have done a better job of protecting children from the risk of illnesses caused by these toxins than others. Atlanta Public Schools for instance, has retrofitted 373 of its school buses with newer diesel particulate filters. The school district used funds allotted to it in 2005 to carry out the retrofitting. In sharp contrast, Gwinnett County Public Schools has not made any attempts at retrofitting its buses, and has not even applied for funds to carry out the retrofitting programs. Gwinnett County is Georgia’s largest public school district, and the failure to equip existing vehicles with the new filter systems means that 120,000 students are traveling in these school buses everyday, inhaling toxic flumes that are dangerous to their health.

Published on: March 18, 2009

New Bill to Use “Super Speeder” Fines to Fund Georgia’s Trauma Care Expansion

by Robert N. Katz, Esq.

More numbers of trauma care hospitals in Georgia could mean up to 700 lives saved every year in automobile accidents. However, the state has a severe shortage of trauma centers – just 15 centers in all, many of which are located in urban centers.Now, a new bill that would levy an additional $200 fine on speeding drivers on Georgia’s highways is being introduced as a means of funding expansion of the state’s trauma care system.

As Georgia personal injury attorneys, we regularly see the impact of delayed emergency trauma care on the injured. Motorists in rural areas of Georgia, where over a million people are more than 75 miles from the nearest trauma care center, have a higher rate of succumbing to serious injuries sustained in a car crash, a bullet injury or a serious fall, because of their lack of access to trauma care. The discrepancy in urban-rural "golden hour" care access – the life saving care that can save a person’s life, if received within the first hour of being injured – is clear to see in the numbers.Motorists involved in an accident in urban cities like Atlanta, have a death rate that’s one in every 339 accidents.In rural centers, the fatality rate is a whopping one in every 74 accidents.In most of these cases, lives can be saved if the patient has timely access to emergency trauma care, but precious time is lost transporting injured victims to the nearest trauma center.

The state’s chronically under-equipped trauma care system has been a source of concern for a while now, and the legislature has made attempts to correct the situation.These have been inadequate, however. Funding has been the primary source of concern and with no end in sight to Georgia’s fiscal crisis, generating funds for trauma care center expansion has become a problem.

Published on: March 17, 2009

Judges Uphold Right to Sue Drug Makers in Wyeth vs. Levine

by Robert N. Katz, Esq.

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 company is negligent, the right to seek civil justice. .

The ruling upheld the $7 million awarded to musician Diane Levine who lost her arm to gangrene after being injected with Wyeth’s Phenargan medicine.Levine had been prescribed the drug for nausea, and was administered the drug through a method called "IV push."Phenargan is not meant to be administered though this method. Levine filed a product liability lawsuit alleging that the warnings against the IV push method specified on the box, weren’t strong enough. At the time, the drug’s warning label did not include specific warnings against using the IV push method. Levine was awarded damages of $6.7 million, but Wyeth argued that FDA approval should give the company immunity against product liability lawsuits.The SC decision had been eagerly waited by Georgia product liability attorneys and patients who have filed or are in the process of filing personal injury lawsuits against pharmaceutical companies for injuries caused by their drugs. The court in a 6-3 ruling has now ruled in favor of Levine, and the larger patient community.

The decision is one product liability lawyers had hoped for.In the past, the SC has shown a slant towards big business interests, and recent attempts in Georgia to grant immunity to pharmaceutical companies in case of injuries caused by drugs approved by the FDA, had many of us very worried. As expected, pharmaceutical companies aren’t too pleased with the Supreme Court decision, and we don’t blame them.After all, this means that these companies will not be able to use FDA approval for their drugs as a screen to shield them form lawsuits. For thousands of patients around the country who have been waiting for the Wyeth vs. Levine decision to proceed with their lawsuits against pharmaceutical companies, much uncertainty has been lifted with the Supreme Court ruling.