Georgia Injury Law Blog

Published on: June 1, 2011

Record-Breaking Pregnancy Medical Malpractice Verdict Prompts Calls for Proper Prenatal Care

Connecticut has just seen what’s being heralded as the largest medical malpractice verdict in state history, with the parents of 8-year-old Daniel D’Attilo being awarded $58 million on his behalf. As an Atlanta injury lawyer, I can tell you that although Georgia has seen substantial verdicts against doctors in these cases, I cannot recall a verdict of this size against a single physician. The damages stem from their obstetrician’s decision to delay their son’s delivery back in 2003. The young D’Attilo now suffers from cerebral palsy due to brain injuries sustained when the practitioner waited days after Cathy D’Attilo’s amniotic fluid dropped before performing a botched Caesarian section, claim attorneys for the family. Of the damages awarded, $8 million is designated to cover medical expenses, while the remainder was awarded to the family for pain and suffering.

In a statement to the Associated Press, the doctor’s attorney, James Rosenblum, indicated that the jury’s decision was made more out of sympathy than evidence and suggested that his client would appeal what he called a “shocking verdict.” Other physicians have voiced concerns that this verdict will deter doctors from taking on high-risk cases like this one in the future.

According to the National Center for Biotechnology Information, cerebral palsy is a lifelong disorder, often requiring long-term care. Although its causes are not always discernable, symptoms usually appear before a child turns 2 and, in rare cases, as early as 3 months. Cerebral palsy is caused by injuries or abnormalities of the brain and often manifests as impairment to nervous system functions such as movement, learning, hearing, seeing and thinking.

Published on: May 31, 2011

How You Can Prevent Motorcycle Accidents in Atlanta

by Robert N. Katz, Esq.

Much of motorcycle safety depends on the ability of motorists to respect motorcyclists’ right.This alone would prevent many of the motorcycle accidents we see which often involve serious personal injuries or a wrongful death. The most important thing that drivers could do to prevent accidents involving motorcyclists is to acknowledge that motorcycle riders in Georgia have the very same rights that motorists do.In other words, that a motorcyclist sharing the highway with your SUV is not an outsider with no rights, but a legitimate highway user with the same rights as you.

Many accidents that Atlanta motorcycle accident lawyers come across occur because drivers fail to look out for motorcyclists, especially when they are making lane changes or entering thoroughfares.Look especially closely for motorcyclists in your mirrors during these times. Here are some basic tips for motorists.

When you are sharing the road with a motorcycle, do not try to pass the motorcycle in the same lane.

Published on: May 31, 2011

Revolutionary New Treatment Helps Auto Accident Victims with Spinal Cord Injury Stand Again

by Robert N. Katz, Esq.

Atlanta car accident attorneys have been encouraged by a flurry of promising new aids to help spinal Injury victims walk again.However, this particular breakthrough is very different – a young man who had been left paralyzed after a serious car accident in 2006, and was confined to a wheelchair, has been able to stand up on his own andeventake a few steps.The researchers are hailing this as one of the biggest breakthroughs in spinal cord injury research.

Spinal injuries are frequently seen in devastating car and truck accidents.These are some of the most debilitating injuries, leaving an individual with markedly reduced movement, sensation and mobility.There is no complete cure for spinal cord injury, which is why it is so encouraging when we have little signs of progress like this.

The man, Rob Summers had been left with a serious spinal cord injury that left him incapable of moving his legs, and controlling his bladder and bowel movements.Summers was chosen to participate in research at a Kentucky spinal research center.He underwent the surgical procedure to implant a device containing 16 electrodes in his spine just below the damaged area.When the device is switched on, it excites the damaged nerves of the spine, delivering signals from the leg muscles, and helping a person move his toes, feet and legs.

Published on: May 30, 2011

Product Liability Actions Likely after Popular Diabetes Drug Avandia pulled from Shelves

by Robert N. Katz, Esq.

Soon the popular diabetes medication Avandia will no longer be available on the shelves of drugstores, says the U.S. Food and Drug Administration. As an Atlanta injury lawyer, I am glad to see the drug off the shelves. In my opinion, the risk of serious injury appears too great. Formerly known asRosiglitazone, GlaxoSmithKline began marketing the product under the trade name Avandia in 1999, following initial approval by the FDA. Annual sales reached a high of $3.2 billion in 2006, but declined after reports of adverse effects. In fact, the drug has been plagued with liability issues ever since 2007 when a study was released by Dr. Steven Nissen, chief of cardiovascular medicine at the Cleveland Clinic. The study showed the drug increased risk of heart attack by 40 percent in people who had Type II Diabetes, prompting the FDA to require that it be packaged with a Black Box Warning.

Between 60,000 to 200,000 people suffered heart attacks and/or death, during the 11 year span that Avandia monopolized the market, and millions were prescribed the drug.

Beginning November 18, 2011, the drug will only be available through doctors who have fully disclosed the risks to their patients and are certified to prescribe it.Under the new Avandia-Rosiglitazone Medicines Access Program, the FDA will limit the drug’s use to patients who have already been safely treated with it, those whose blood sugar can’t be controlled with other medications and those who, when informed of the risk, still prefer Avandia to other drugs. Rosiglitazone will only be available to enrolled patients by mail order from certified pharmacies participating in the programand Avandia and Actos, which was approved in 1999, will be offered as its alternative.

Published on: May 29, 2011

NHTSA Acts to Prevent Injuries from Defective Motorcycle Helmets

by Robert N. Katz, Esq.

The National Highway Traffic Safety Administration is coming down hard on manufacturers of novelty helmets that do not protect motorcyclists.These novelty motorcycle helmets are not approved by the Department of Transportation, and do not protect motorcyclists from injuries in a motorcycle accident.As an Atlanta motorcycle accident attorney, I am well aware of many serious injuries arising after accidents in which the driver was wearing a novelty helmet.

Helmets are a motorcyclist’s first line of defense against injuries in an accident.It’s important that motorcyclists wear helmets that are approved by the Department of Transportation.The National Highway Traffic Safety Administration will soon require new motorcycle helmets to come with a label that contains the words “DOT FMVSS 218 Certified.”

Novelty helmets have recently become very popular, because of their designs.However, testing has found that these helmets do not meet safety standards set by the National Highway Traffic Safety Administration.Those safety standards are contained in the Federal Motor Vehicle Safety Standard 218.These standards cover a number of criteria, including impact absorption and penetration resistance.

Published on: May 28, 2011

MARTA Bus Driver in Dragging Accident Incident Has History of Bus Accidents

by Robert N. Katz, Esq.

The MARTA driver, who was operating the bus involved in a dragging accident that left a 62-year-old woman seriously injured, has been involved in bus accidents earlier.The woman, Belinda McMillian has been fired since the accident, but records suggest that she had a history of bad behavior on the job. As an Atlanta personal injury attorney, I have too often seen companies fail to rid themselves of problem drivers.

According to her personnel file which runs into 420 pages, she once crashed her bus into a parked car, causing the car to hit another vehicle.In another incident, her bus clipped the mirror of another parked vehicle.Her personnel report also shows plenty of complaints from passengers about her abusive nature.

However last Sunday, McMillian outdid herself.The 62-year-old passenger, who uses a walker, had just gotten off the bus and turned around when she realized that she had left her purse on the bus.Her arm got caught in the closing doors of the bus.What happened next was a nightmare for the woman.McMillian continued to operate the bus, driving on, while dragging the elderly woman alongside the bus.The woman was dragged more than 60 feet, before witnesses got McMillian to stop the bus.When the bus stopped, McMillian opened the door at which point the lady fell on the road.Not bothering to check on the lady, McMillian simply drove off from the scene.

Published on: May 27, 2011

Survey Finds Americans Want More Traffic Safety Laws to Prevent Car Accidents

by Robert N. Katz, Esq.

A new survey by the AAA Foundation for Traffic Safety indicates that Americans would rather have more government interference in matters of traffic safety to prevent auto accidents, truck accidents and motorcycle accidents. Of course, these accidents often result in serious personal injuries and wrongful deaths. According to the survey, 62% of Americans want more traffic safety laws to reduce poor driving behaviors and minimize accident risks.What’s more, 57% of respondents wanted their individual states to get more involved in making the roads safer.This is an indication to Atlanta car accident attorneys that there is plenty of support for recent moves in Georgia to enact mandatory seatbelt laws for all, and ban texting while driving for all motorists.

According to the survey, 70% of Americans feel that traffic safety laws should be strictly enforced.There’s a lesson here for Atlanta and throughout Georgia which has recently banned texting while driving – laws can be meaningless unless these are enforced and violators penalized sufficiently.

Additionally, the survey also indicates that there is plenty of support for tough teen driver licensing standards.86% of the respondents believe that new drivers should be required to complete a driver’s education course before they are allowed a driver’s license.American motorists also want to see automakers invest in technologies that will help prevent accidents and keep motorists safe.60% of the respondents wanted automakers to do more to make their vehicles safer.

Published on: May 26, 2011

New Georgia Law Designed to reduce the number of Bicycle and Motorcycle Accidents

by Robert N. Katz, Esq.

With increasing gas prices and unrelenting traffic congestion plaguing the state, many Georgians are finding it’s more economically savvy (and healthy, besides) to travel by bicycle or motorcycle in lieu of automobile. Unfortunately, this trend towards cycling is also resulting in an increased number of accidents involving cyclists and their impatient motorist counterparts. In fact, according to the Georgia Office of Highway Safety, in 2008, 12 percent of the people killed in motor vehicle crashes in Georgia were motorcycle drivers — the highest motorcycle fatality count within 15 years. As an Atlanta injury lawyer, I know that this number is only the tip of the iceberg since a significant number of serious injuries result from motorcycle accidents every year.

This is a growing problem in Georgia, where in 2008 motorcycle driver deaths has increased by 59 percent since 2004. As a remedy, Governor Nathan Deal signed into law last week a bill aimed to protect them, while simultaneously granting respite to sympathetic drivers who nevertheless feel a modicum of nervousness when inching by a motorcycle or bicycle.

House Bill 101 requires drivers to give cyclists at least 3 feet of space. Before last week, motorists had only to maintain an arguably ambiguous “safe distance” when passing. Now, those same motorists will have to actually cross the yellow line to comply with the law.

Published on: May 14, 2011

Increase in Cost of Dog bite Claims due To Higher Dog Bite Lawsuit Verdicts

by Robert N. Katz, Esq.

New information by the Insurance Information Institute suggests that there has been an increase in the cost of dog bite claims over the past year.The average dog bite claim cost insurers about 5% more in 2010 compared to 2009. Dog bites often result in extremely serious personal injuries. Our office has handled a significant number of dog bite cases in the last 20 years. The injuries from these matters appear to be becoming more and more severe. This may be as a result of more individuals owning dogs for protection or certain breeds that are more likely to attack persons. As an Atlanta injury lawyer, I strongly support the need for obedience training for dogs when they are puppies. I believe this would greatly reduce the number of overall attacks.

The analysis of homeowners’ insurance data by the Insurance Information Institute found that the average cost of dog bite claims in the United States in 2010 was $26,166.That’s an increase of 5.3% from $24,840 in 2009. The cost of dog bite claims increased a staggering 37% between 2003 and 2010.

There was a drop in the number of dog bite claims being filed.These dropped 4.9% from 16,586 claims in 2009 to 15,770 claims in 2010.

Published on: May 13, 2011

Nursing Home Residents At Risk from Overmedication

by Robert N. Katz, Esq.

A report by the Department of Health and Human Services finds that a shocking 80% of elderly nursing home residents in the country have been administered antipsychotic medications, for off-label purposes.Because these medications have a high risk of deaths, it is statistically likely that some of the patients died as a result of the use of these medications. The off-label use of these medications raises the likelihood of claims for nursing home abuse, medical malpractice and product liability. Atlanta injury attorneys will need to closely monitor the developments in this area and will likely get calls from families of patients who were treated with these medications.

According to the report, out of 300,000 nursing home residents studied in 2007, approximately 90% received powerful anti-psychotic medications that are typically used for the treatment of schizophrenia and bipolar disorder.There are studies to prove that elderly persons who receive antipsychotic medications can be at a high risk of death.In spite of this, these vulnerable persons were overmedicated, and there is no reason to believe that things have changed dramatically between 2007 and now.

Moreover, it seems highly likely that the pharmaceutical industry has been behind this overmedication of nursing home residents.One of the ways in which pharmaceutical companies increase their profits is by promoting off-label uses of their drugs.An off-label use of a drug is one which has not been approved by the Food and Drug Administration.Doctors can prescribe a drug for off-label uses, but a company is not allowed to market the drug for these purposes.