Georgia Injury Law Blog

Published on: March 26, 2009

Calls for FDA to Split Grow Louder

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.

Published on: March 26, 2009

Failure to Screen Bus Companies Places Athletes at Risk for Accidents

by Robert N. Katz, Esq.

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.

Published on: March 25, 2009

Georgia House Rejects Bill That Could Prevent Accident Fatalities

by Robert N. Katz, Esq.

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.

Published on: March 21, 2009

Georgia Governor Purdue’s Tort Reform Express Losing Steam?

by Robert N. Katz, Esq.

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 10^th, 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.

Published on: March 20, 2009

Distractions Increase Risk of Pedestrian Accidents

by Robert N. Katz, Esq.

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.

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.

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.