Georgia Injury Law Blog

Published on: March 17, 2009

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 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.

Published on: March 6, 2009

Democratic Lawmakers Introducing Legislation to Overturn Immunity for Medical Device Companies

by Robert N. Katz, Esq.

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 medical device makers for injuries sustained after using their products.

In February 2008, the Supreme Court ruled that injured patients or their survivors could not sue companies that manufactured medical devices that had FDA approval. Since the ruling was passed, judges around the country have thrown out several hundreds of lawsuits that were filed by patients and their families against manufacturers of defective medical devices. Now Henry A Waxman, Democrat from California and Frank Pallone Junior Democrat from New Jersey, have plans to introduce legislation that would overturn the Supreme Court decision. The Supreme Court ruling was based on the premise that approval by the FDA took preemption or precedence over product liability laws in individual states. Judges around the country have cited the Supreme Court decision as the reason for their dismissal of several medical device product liability lawsuits.

Since the Supreme Court ruling was passed, Atlanta product liability attorneys, pharmaceutical injury experts and patients’ advocates have been vocal in their opposition to the law which essentially cuts off individual rights to justice in the event of an injury. It is important to understand how serious some of these injuries are. Defective Medtronic defibrillators have resulted in a massive shock being delivered to patients’ heart, and there have been other serious injuries including burning and scarring injuries caused by malfunctioning joints and other devices. These injured victims used devices that were approved by the FDA, but can hope for little justice as long as the Supreme Court decision rules. The FDA has time and again failed in its duty to make sure that medical devices entering the market are free of defects. It has severe critics both within and outside the organization who are concerned about botched approval procedures, and even corruption at the agency. If the new Democrat-sponsored legislation passes, patients can hope for justice again.

Published on: March 5, 2009

Georgia Truck Driver Completes Two Million Accident Free Miles

by Robert N. Katz, Esq.

A truck driver in Georgia is being feted for completing two million miles of driving his truck without a single accident. Ken Truman of Gray in Jones County is a driver with Con-Way Freight Company where he has been working since 1988. According to Con-Way, Truman is the 88^th driver in the history of the company to complete the two million accident-free miles benchmark. That is a remarkable achievement when you consider that the company currently employs 1200 drivers, and has had several more drivers over the last 25 years.

So, what does the super truck driver credit for his unblemished record? According to Truman, it’s the combination of paying attention to detail, avoiding speeding, and being alert to the movement of other vehicles around you. It’s a simple mantra, and one you wish every truck driver on Georgia’s highways would follow. Truman also prepares thoroughly for his day at work. He studies the weather report, and checks his truck and trailers to make sure that all components, including the tires, lights and brakes are functioning properly. A large truck can weigh up to 80,000 pounds and this huge weight can cause truck components and parts to wear out quickly. When this happens, then they have to be replaced as soon as possible or they can malfunction. That’s why constant maintenance of a truck by the trucking company is so important. Drivers also need to do a complete check of all truck components to ensure they are in perfect condition before getting behind the wheel.

Driver fatigue is another major factor behind several major truck accidents in Georgia. Like Truman says, getting enough rest is imperative for a truck driver who can expect to drive many long and lonely miles. A truck driver who has been overworked is likely to doze off at the wheel with disastrous consequences for other vehicles on the road.

Published on: March 4, 2009

Georgia – TACT Aims at Reducing Truck Accident Rates

by Robert N. Katz, Esq.

Law enforcement officers in Lowndes and Cook Counties launched the Georgia TACT (Targeting Aggressive Cars and Truck) program on February 23^rd. The G-TACT program is a traffic safety awareness campaign that aims at reducing the number of large truck accidents on our highways. Motorists driving passenger vehicles are taught to identify the dangers they face when they share the road with an 18-wheeler. The enforcement program continued through the week, and included I–75 and a few other areas that were chosen because of the high number of truck accidents in these. The enforcement included car and truck drivers engaging in dangerous behavior like tailgating, recklessly changing lanes, failure to signal and speeding.

A total of 365 big rig – passenger car accidents occurred in these areas over a 3-year period, resulting in 389 injuries and 20 deaths as a result. Out of the total number of highway deaths that occur in Georgia every year, 15% are caused because of commercial motor vehicles – passenger car collisions. In an overwhelming majority of these crashes, the fatalities are occupants of the smaller car.

Collisions between 18-wheelers and smaller passenger cars can have a disastrous impact on the occupants of the car. These massive commercial trucks can weigh up to 80,000 pounds, and a smaller vehicle has minimal chance of escaping damage when it is involved in an accident with a truck of this size. The rules of the road change dramatically when you’re sharing the road with an 80,000 pound machine. Speeding or other negligent behaviors like using a cell phone can be doubly dangerous when you’re anywhere close to a large truck. Always maintain enough space between the car and the truck, and keep in mind that the truck driver because of his position may not be able to see you. Be alert to any signals or signs that the truck driver, makes signifying his intent to turn etc. Avoid tailgating a large truck at all costs.

Published on: March 3, 2009

Accident, Injury Prevention Features still not Standard on all Passenger Vehicles

by Robert N. Katz, Esq.

Electronic stability control, side impact airbags, neck restraint systems – these are just some of the high tech, innovative, auto safety features that manufacturers have developed and improvised to near perfection in recent years, in an effort to reduce the number of car accidents and injuries caused by vehicle collisions. Although these are becoming popular with car buyers, they are far from standard on all passenger cars, which means that motorists who wish to have these features in their vehicles should be prepared to shell out extra dollars for them.

The New York Times has this story on how some of the most ballyhooed car safety features continued to be optional on several car models. Electronic stability control (ESC) systems are one of the most impressive new auto safety technologies to make it out of R&D facilities in recent years. The system makes use of computerized sensors that can tell when a car is in danger of losing grip of the road. When a potential loss of traction is detected, the system automatically applies the brakes so there is no loss of control. Cars may be especially prone to skidding or loss of control when they turn at high speeds, or accelerate or brake suddenly. Loss of control in such instances can cause the car to roll over, exposing occupants to serious injuries. With an ESC system working in your car, the risk of an accident is dramatically reduced.

ESC systems will be standard on all vehicles by 2012. They are currently very popular with buyers who will pay extra for an ESC system if it is not included as part of a standard features package. However, in times of a recession, paying extra, sometimes up to $ 2,000 extra for a package that includes an ESC system may not be in every buyer’s budget. In times of economic turmoil, it’s more important than ever that automakers design their cars with a view to minimizing accidents and injuries that take a heavy economic toll. Like David Champion who is the senior director of automotive testing at Consumer Reports says, manufacturers shouldn’t be making it more expensive for buyers to access proven safety gear like ESC systems or side impact airbags.

Published on: February 27, 2009

Clayton County Bus Shortage Poses Risk of Accidents

by Robert N. Katz, Esq.

Lack of funding is the reason why Clayton County buses are bursting not only with people, but with the potential for a serious accident. According to MARTA, which operates 22 buses through C-TRAN, Clayton County’s public transport system, more buses are desperately needed to avoid the overcrowding problem on local buses. The problem is huge, and is getting to the point where a bus is forced to routinely take close to 20 more passengers than it can handle.

MARTA general manager Beverly Scott is concerned enough about the problem to ask for additional funding to address this concern. Apart from at least 6 new buses that will be needed to counter the overcrowding problem, new drivers to operate these as well as additional routes will have to be planned for. On February 17^th at a hearing that included county residents, the Clayton County Commission received an earful of complaints about the dangers they faced traveling on County buses. Besides the road safety issues involved, residents complained that they were frequent fights breaking out on the buses as passengers jostled for space.

MARTA is expecting more than $60 million in federal stimulus money. However, those expecting the money to be used to expand essential bus services are likely to be disappointed. MARTA expects money to be used for current facilities, including repairs and other projects.

Published on: February 26, 2009

DRYWALL IN GEORGIA HOMES POSES HEALTH CONCERNS

by Robert N. Katz, Esq.

If it isn’t contaminated drugs, tainted milk products and lead painted toys that Georgia product liability attorneys constantly encounter, it’s the prospect of being poisoned in your own home by defective drywall. The Consumer Product Safety Commission (CPSC) is investigating whether gases emitted from Chinese-made drywall pose a safety risk to house owners, including those in Georgia.

The investigation is linked to complaints of sulfur-like gases that were being emitted from the drywall, resulting in corrosion of electrical wiring and plumbing in a few homes in Florida. Drywall is commonly used in the construction of interior walls, and currently the CPSC has no standards for the material. The drywall that has been the focus of close to 100 complaints by homeowners in Florida to the state’s department of health, was imported from China due to a shortage. The CPSC investigation will look at whether there are potential safety hazards in the use of the drywall, and whether a recall needs to be issued for the defective drywall. Besides Florida, the problem is expected to be particularly high in gulf coast states like Georgia, Louisiana and Mississippi. Parts of Louisiana and Mississippi that were badly ravaged by Katrina are likely to have several houses that were rebuilt after the hurricane, using the toxic drywall.

Symptoms of sulphur poisoning from the drywall include sulphur odors that are similar to the smell of rotten eggs. The house may have more problems with this electrical wiring and air conditioning systems that can’t be explained easily. Most importantly, people living in the house could be experiencing frequent respiratory tract infections, and unexplained dizziness.

Published on: February 24, 2009

DeKalb County Faces Funds Shortage for Road Repair Projects

by Robert N. Katz, Esq.

Blame the economic meltdown if there are more automobile and pedestrian accidents in DeKalb County in the coming years. The County is facing a severe funds crunch, and road repair and building projects are expected to suffer as a result.

DeKalb County last year spent $19 million on construction of new roads and sidewalks, and undertaking bridge repair. This year, that amount has been drastically slashed to $5.5 million. Every year, the County invests heavily in street repavement efforts that ensure that motorists drive not just efficiently, but also safely. Investments in previous years have gone into building sidewalks, so pedestrians can walk safely without fear of accidents, and constructing of new medians that can allow vehicle movement on roads to flow smoothly and prevent crashes. In previous years, funding from the road building budget has been used to install new streetlights that can reduce nighttime accidents. All these efforts are expected to suffer this year as the County struggles with balancing the shortage of funding, with numerous road and sidewalk repair, construction and improvement projects that it needs to undertake.

It seems like the financial meltdown and the economic crisis will begin pinching DeKalb County residents where it really hurts – their safety on county roads. You know there’s a meltdown in full swing not only when unemployment figures are up, but also when a cash shortage is obstructing efforts to make our cities and roads safe for all. Road building and repair efforts are necessary every year to repair eroded and battered stretches of road that can expose motorists to risk for automobile accidents. For instance, when traffic safety programs are cut because of funding shortages, you end up with battered and faded street signs malfunctioning street lights, uneven road surfaces that pose a risk of loss of control and rollovers, and other road defects that can cause accidents. Besides, during a recession, county authorities are also forced to cut down funding for the redesign of dangerous roads that may place motorists at an increased risk of collisions.

Published on: February 23, 2009

Cartersville Construction Worker Killed in Accident

by Robert N. Katz, Esq.

Construction sites are some of the most dangerous work places, with the industry occupying 3^rd place in the number of work-related fatalities every year. Most of these accidents are completely preventable, if only employers make provisions for proper training of workers and adequate safety measures. In one such preventable accident, a construction foreman in Cartersville, Georgia was killed earlier this month in a trench collapse accident.

James Hilbish was working in the trench as part of a sewer line installation on the 4^th of February when the cave in occurred.The trench was reportedly 30 feet in depth, and at least 25 to 30 feet in length His body was found more than 3 hours later. Hilbish worked for an Alabama company which had subcontracted the job from the Bartow County Water Department. No other injuries were reported in the accident.

A trench collapse is one of the most dangerous of all accidents on a construction site. The process of heaping mounds of soil on top of the trench walls can lead to the wall becoming weak and unstable.Besides, the soil that’s piled high on the walls can quickly shift under provocation, and began to pour into the trench within seconds. When this happens, any workers inside the trench are at risk for death by suffocation. In most cases, attempts to rescue workers can be extremely difficult because of the speed with which such collapses occur. Rescue attempts are also made more dangerous by the fact that disturbing the soil further can trigger off more cave-ins.That’s why these accidents so often result in fatalities.

Published on: February 20, 2009

Georgia Bill to Allow Seatbelt Use Evidence in Accident Trial

by Robert N. Katz, Esq.

There’s a string of seatbelt laws all relating to the impact of seatbelts on car accident -related injuries pending in the legislature, and each one of them is at varying stages of approval. One such bill is currently in the Senate, and it could have potential implications for an accident victim’s right to recover damages after a car accident.

According to bill SB23, if the victim of an accident was not wearing a seatbelt at the time of the crash, then the defendant’s lawyer would be able to bring up this fact during trial. Currently, Georgia law does not allow a victim’s failure to buckle up to be mentioned during trial proceedings. Jurors are not allowed to consider if failure to wear seatbelts could have contributed to the severity of the injuries. If the bill becomes law, then that fact can be used as evidence that the plaintiff or the victim contributed to the severity of his injuries by not buckling up. Obviously, this would have an impact on any damages that the plaintiff would be eligible for as the result of the accident. Georgia personal injury lawyers are expectedly displeased about the bill, and the repercussions it would have on a victim’s right to compensation after an accident. The Georgia Trial Lawyers Association has opposed the bill because it allows the jury to develop a negative perspective of the victim. The Georgia Chamber of Commerce has voiced its approval of bill.

A civil trial is all about compensating a victim for another person’s negligence. A victim’s failure to wear a seatbelt cannot be used as an excuse to forgive or lesson the severity of the defendant’s negligent driving behavior. The bill amounts to letting a defendant get away with a possible rap on the wrist, if the victim has failed to wear a seatbelt. If the bill passes, we risk making a civil trial all about the inadequacies of the injured plaintiff, and not the negligence of the defendant.That defeats the purpose of civil justice.