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March 21st marked two years since the car accident that killed three Bryan County high school students. Melissa and Heather Arthur and Laura Cobb were killed in an accident just two miles from their school.

On the day of the accident, the three girls were passengers in a Chevrolet Cavalier driven by Tam Duc Le. As the car turned a curve on highway 119, it collided with a pickup truck. Tam Duc Le was charged with felony counts of first degree vehicular homicide and charges of reckless driving and several other traffic violations, including failure to maintain lanes and driving too fast for conditions.

The accident also brought into focus the dangerous highway curve where the accident occurred. Before the accident that killed the three high school students, there had been several other accidents on the curve caused by speeding drivers. At the accident scene, there is still a sign asking motorists to drive at 40 miles per hour. However, families in the area say that motorists frequently drive at far higher speeds.

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There could be not a medical malpractice awardthatcould compensate this boy and his family for the unimaginable horror they have been made to suffer.While a Fulton County Jury has awarded them damages of $2.3 million for a circumcision procedure that went wrong, the boy and his family will need counseling for a very long time.

The award relates to the injury caused to the young boy during what should have been a fairly routine circumcision procedure performed soon after he was born. The procedure however ended with the doctor removing a small portion of the tip of the penis. There was bungling on the part of more than one doctor at the hospital, Tenet South Fulton Medical Center where the procedure was performed in 2004. The pediatrician who was informed by a nurse after the boy began to bleed heavily, failed to respond to the call. Due to the negligence and failures of both the doctors, the boy suffered a permanent injury.

In 2006, his mother filed a medical malpractice lawsuit against the doctor who performed the circumcision, as well as the pediatrician who failed to respond to an emergency. The jury was convinced that the doctor Haiba Sonyika snipped off a portion of the organ and that the pediatrician Cheryl J. Kendall could have reattached the cut off portion if she had responded to the emergency immediately.The boy has been awarded $1.8 million in damages, while his mother has been awarded an additional award of $500,000. The hospital where the procedure was performed was not found negligent.

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The Associated Press has a shocking report about the manner in which spare beds at nursing homes around the country are being filled by mentally ill patients, thus exposing the facility’s elderly patients to assaults and abuse.

Across the country, deplorable conditions at mental health institutions have been responsible for the closure of these facilities. Besides, the mentally ill over the past few decades, have benefited from better treatment and more effective drugs which have also played a part in the closure of several of these facilities. This has meant that there are insufficient beds for the mentally ill, and many of them have been shifted to nursing homes instead. In these elder care facilities, these mentally ill patients who suffer from schizophrenia, bipolar disorder and other serious mental conditions are made to share rooms with weak and sick elderly residents, most of who are above 65 years of age. What makes the problem worse is that the mentally ill patients are much younger, and therefore stronger and healthier than their geriatric roommates. This has given rise to a potentially dangerous situation in which the elderly are at risk of violent assaults and even sexual abuse at the hands of the mentally ill.

There is no official data on how many of such assaults on the elderly by their mentally ill roommates have taken place, but numerous cases have been reported. In one instance, in 2003 a mentally ill woman at a nursing home in Hartford, Connecticut, set fire to the nursing home she was living at. Sixteen residents were killed n the inferno. The woman was judged incompetent to stand trial and was committed to a mental institution. There have been other instances of assault, including beatings and rapes of elderly residents.

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Law enforcement officers in Georgia expect to be busier than usual during alcohol-heavy holidays like St. Patrick’s Day, cracking down on offenders and preventing drunk driving accidents. This year, was no different. In fact, it was a bumper harvest of sorts for police officers in downtown Athens who lodged a total of 268 criminal charges for a range of offenses, including drunk driving.

Those charged included drivers as well as their passengers, and included charges for violations like drug offenses and outstanding warrants, while others were cited for failure to wear seat belts.The crackdown was part of a special St. Patrick’s Day enforcement involving some 50 troopers manning at least seven different checkpoints. The crackdown is named "Operation Rolling Thunder," and last year it was used to rein in drunk drivers on four University of Georgia game days. This year, officers were expecting several arrests, given the fact that drinking is so much a part of the St. Patrick’s’ Day tradition, but even so they were unprepared for the large numbers of arrests.Officers had warned jail authorities to expect a larger than usual flow of guests, but Clarke County jail has only one fingerprint system, and jail officers ended up dealing with more numbers of offenders than they were prepared for.Most of those arrested were forced to spend many hours in jail before they could be bonded out.

Law enforcement officers tend to have their hands full during busy holidays, especially those that involve plenty of drinking and merriment, like Thanksgiving and New Year’s.The numbers of people drinking and driving tend to peak around New Years Eve, which is arguably the most alcohol-heavy holiday of the year. St Patrick’s’ Day however must rank close behind.While no one wants to play party-pooper, it’s a fact that the number of alcohol-related car accidents increase exponentially during a holiday. That’s why crackdowns like Rolling Thunder are essential – to make sure that those who have tempered their enjoyment with responsible drinking behavior, are not made to pay for those who have been stupid enough to tank up and slip behind the wheel. The St. Patrick’s Day crackdown in Athens received plenty of complaints from "victims" who were "made" to wait 20 hours before being bonded out, and lodged in crammed cells that were full of other likeminded DUI offenders.For those who whine about being made to wheeze into a breathalyzer and have their holiday end in a jail cell, Atlanta car accident lawyers would have one simple piece of advice – don’t drink and drive.

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Food and drug safety advocates and Georgia product liability attorneys have long called for a division of the Food and Drug Administration into separate agencies, each in charge of food and drug safety.These calls have gotten louder since the salmonella poisoning scandal earlier this year that’s been linked to contaminated peanut butter. It’s obvious that the agency is over burdened, over stressed, and simply unable to handle the responsibilities of making sure that the food and medical products that Americans consume are completely safe to use.

Hopes for a split of the agency into separate divisions for food and drug safety received impetus last week when President Barack Obama named two health experts to top positions at the FDA. The President has tipped former New York City Health Commissioner Margaret Hamburg to be the agency’s new commissioner. Joshua Sharfstein, a pediatrician has been picked by the President to be deputy commissioner. Sharfstein has long been a strong critic of health issues, including the safety of children’s cold medicines. FDA insiders believe that the President’s choice of 2 respected health experts points to his being in favor of dividing the agency into two. The President has also appointed an advisory group which will be re-evaluating archaic American food safety laws, many of which are several decades old.

The FDA has traditionally focused on drug safety as its primary responsibility, and critics have complained that the issue of food safety comes up at the agency only when there is a crisis like the recent salmonella epidemic. It has been apparent even to a casual observer that the FDA has too many responsibilities and too few resources. The drug industry is reportedly in favor of a split agency because it would lead to quicker drug approvals. Besides, having a single drug safety agency will mean better oversight over drug approvals, and more stringent following of approval processes.

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Back in 2007, a bus accident in Atlanta, involving a vehicle carrying baseball players of Bluffton University, Ohio killed seven people on board, including five players, the driver and his wife. That accident was blamed on driver error, as well as the failure of the Georgia Department of Transportation to maintain important traffic safety devices.

A new report by ESPN brings back memories of that tragic accident, and underscores how much at danger our college athletes are when they travel in buses that are operated by companies with a bad safety record.An analysis done by ESPN’s Outside the Lines shows that between 2007 and 2008, hundreds of college teams and athletes traveled on buses operated by companies that have frequently failed to comply with federal bus safety standards. During this period, close to 85 Division I universities used charter bus companies that were found to be deficient in at least one federal safety score.Even worse, of these 85 universities, close to 35 were been found to have hired buses from companies that have more serious safety infractions on their record. These companies have what is called a "constitutional rating," meaning that the schools should have been refrained from using the company.

Problems at a number of these bus companies used by colleges and universities included faulty maintenance of the buses.Drivers were found to be less than qualified, and too inexperienced to operate these buses. Tinkering of log books was found to be widespread.Manipulating log books allows drivers to clock in more number of hours than is permitted, ending up with more money for the driver, but seriously jeopardized safety for the passengers of the bus. Drivers were also allowed to work for several days before undergoing drug and alcohol testing. Other more serious problems included malfunctioning emergency exits. Studies indicate that bus companies that are found to be deficient in safety scores have a higher incidence of accidents. What’s worse is that authorities at colleges, who had used these buses frequently, when contacted by the ESPN team, were simply unaware that the companies had all these violations to their credit.

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In February, we had expressed hope on this blog that a bill to make seatbelt use mandatory for pickup truck drivers would be passed by the House. Unfortunately, that hasn’t happened. For the third consecutive year, the House has rejected the measurethat would prevent several accident related deaths every year, with the House Consumer Affairs Subcommittee voting 4-3 against the bill.

With this, Georgia continues to remain the only state in the country that exempts pickup truck drivers from buckling up.This has meant that the seat belt use rate for pickup drivers in Georgia has remained at around 79 percent, much lower than it is for other passenger vehicles. Pickup trucks are used extensively in rural Georgia, and the seat belt exemption has also contributed to higher fatality rates in rural areas than urban centers.Close to 57 percent of all road traffic fatalities in the state occur on rural roads.In fact, the fatality rate in rural areas is twice that in urban areas, and pickup truck drivers form a large percentage of these fatalities.Even worse, of these pickup truck fatalities, more than 67 percent were not wearing seat belts at the time of the crash.Experts estimate that at least 26 lives could be saved in Georgia every year, and more than 400 injuries could be prevented if pickup truck drivers too were covered under seat belt laws.

Even in the face of such data, Georgia has delayed making seat belts mandatory for pickup drivers above the age of 18.The bill’s supporters, including Georgia personal injury lawyers have been vocal in their support for such a measure, but these voices have gone unheard by the House. There has been widespread support of seat belt laws for pick up truck drivers. In fact, surveys have shown that more than 88 percent of the population of the state supports making seat belt use mandatory on pickup trucks.In fact, the support for such a bill is strong even in rural areas, with truck drivers voicing support for such laws. Yet, the state has failed to act.

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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 had language approved by Governor Purdue, and would have made the state only the second in the country to make plaintiffs responsible for defendant’s legal fees if a lawsuit was dismissed in the early stages. That “loser pays” language has fortunately been deleted from the bill that has now been approved.

It’s not just the removal of the “loser pays” clause from his pet bill that must be giving the honorable governor heartburn.Earlier in 2009, another tort reform bill, this one too a pet project of Mr. Purdue died an early death in the Senate Economic Development Committee.This one related to the granting of civil lawsuit immunity to biotechnology companies who set up shop in Georgia.The governor announced at a meeting of the Georgia Chamber of Commerce earlier this year that biotechnology companies who wanted to invest in the state would be granted civil immunity from lawsuits in the event of an injury, if their products had been approved by the Food and Drug Administration.That bill, which had been soundly criticized by citizens’ justice advocates and Georgia personal injury attorneys as being detrimental to consumer interests, seems well and truly dead, and deservedly so.To contemplate removing citizens’ rights to justice and compensation in the event of an injury caused by a pharmaceutical drug or product simply because the drug has FDA approval, is a line of thinking that has just been quashed by the Supreme Court in its recent Wyeth vs. Levine verdict.

Purdue’s insistence that such immunity would open the doors of investment and prosperity to Georgians also rings hollow when you consider that Michigan, which is currently the only state that has such civil lawsuit immunity for pharmaceutical companies, has seen both civil justice and pharmaceutical investment fly out the window, since the bill was passed in that state.To pass a bill like the immunity bill that Purdue was touting, and that too during a recession when citizens need more protection from powerful interests than ever before, would have been a mockery of citizens’ rights.

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At our Georgia personal injury law firm, we’ve seen the consequences of being distracted behind the wheel through cell phone use, changing CDs etc., and the devastating motor vehicle accidents these behaviors can cause. A new study shows that these distractions are just as dangerous for their ability to cause pedestrian accidents.

Research is being conducted at the Ohio State University to determine the effect that the use of electronic devices, including cell phones and MP3 players has on pedestrians.According to this report, incidents of distracted pedestrians being hit by cars and even trains are becoming more frequent.

Multitasking is a fact of modern life, and pedestrians who can’t fight the urge to slip on their headphones or stay in touch with the office on their cell phone are at an increased risk of being involved in an accident.We don’t think twice when we see a pedestrian walking with his headset on, swaying to the music, but researchers and doctors are worried that the distractions caused by the use of such electronic devices are severe enough to be a health hazard. The number of pedestrians being rushed to emergency rooms with injuries sustained being struck by vehicles while they were talking or text messaging on their cell phone or listening to music, have increased.These pedestrians are at a high risk of being unable to hear a car horn, or notice a motorcycle making a turn just ahead of them.It’s not just those walking on the streets that are at risk from such distractions. In the last two months, at least two people in North Carolina alone were killed as they walked on train tracks with music playing on their headsets.They failed to hear the train engine as it came hurtling towards them.

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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.

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