Georgia Injury Law Blog

Published on: February 5, 2009

DeKalb County Pedestrian Accident Probe May lead to Defective Road

In a tragic pedestrian accident, 7-year-old Cameron Dunmore was struck and killed by an SUV, while he was crossing on a crosswalk near his school, Princeton Elementary School in DeKalb County on Monday.The second grader was at a marked school crossing, and the guard even had the Stop sign out for drivers to see. The SUV driver, a parent of another child at the same school, failed to stop for unknown reasons, and struck Cameron. Now, reports suggest that a missing traffic light which was recently removed from near the school could have played a preventive role in the accident.

According to residents of the area, they had written a letter to County authorities about the missing traffic light, and the need to have it installed back at the spot as quickly as possible. The area is a school zone, and can be extremely busy, especially during school opening and closing hours.The Country authorities seem to have slept on the matter. There was an assessment made of the zone, and not much happened after that.Even the principal of the school had been contacted by parents who were afraid that speeding cars and high traffic at busy times could cause an accident. County officials have not yet confirmed if they received any complaints from parents about the lack of a traffic light near the school, or whether they plan to install a light at the spot.

Investigations into the crash will likely look at several factors that may have contributed to the accident.For instance, why didn’t the SUV driver stop at the crossing?Did the County receive a petition to install a light, and if yes, why were these pleas ignored?Depending on the answers to these questions, liability for this pedestrian accident fatality can be ascertained.

Published on: February 4, 2009

Top Factors that Contribute to Auto Accident Deaths

by Robert N. Katz, Esq.

A Forbes report presents a fascinating look at accident fatality statistics, going beyond the usual cut and dry numbers.Using data compiled from the National Highway Traffic Safety Administration, the Insurance Institute for Highway Safety and the Traffic Safety Center at UCB, the report provides a breakdown of the most dangerous times for motorists to be on the streets, and the data is just as apt for Georgia as it is for other states.

Saturday happens to be the most dangerous day of the week, which isn’t surprising because this is part of the weekend, with a higher risk of drunk driving.August is the most dangerous month of the year, and the hours between 5 and 6 pm are the most dangerous minutes to be on the road. The first day after a snowstorm increases your risk of an accident-related fatality by 14 percent, and if you escape an accident on Thanksgiving, there’s reason to be doubly grateful because the weekend is the most hazardous time of the entire year to be driving.The Fourth of July tends to be the most dangerous day of the year.

This doesn’t mean that merely being on the roads during these dangerous times is enough to up your risk factor.Simple acts like wearing seat belts and driving within posted speed limits markedly reduce a person’s risk of being involved in an accident.People who were talking on their cell phones were up to four times more likely to meet with an accident. Drinking and driving was, not surprisingly, another factor in causing accident-related deaths.

Published on: February 3, 2009

Georgia Peanut Butter Plant Has History of Poor Sanitation

by Robert N. Katz, Esq.

The Georgia peanut butter plant at the center of the salmonella food poisoning crisis has a poor sanitation record, and has frequently been cited for health and sanitation violations, the NY Times (via Tort Deform) reports.Judging by the condition of the plant in our very own Blakely, Georgia, the media and food poisoning lawyers should not even be surprised that a nationwide outbreak of deadly salmonella poisoning has originated from this facility.

The Peanut Corporation of America plant has been cited several times since 2006 for health violations. Inspectors have frequently found the facility full of large gaping holes in its food security mechanisms. These include grease accumulation inside the facility, doors with large holes that a rat could easily squeeze through, and dirt and grime everywhere.The plant had areas caked with rust that could easily disperse and fall into food products, and poor sanitization of surfaces meant for food processing.Peanut butter packets were left lying around uncovered. These violations continued even till 2008, when inspection reports continued to mention numerous violations.

Dirty and unsanitary conditions breed rodents and insects.Animal feces are just one of the ways that the salmonellum bacterium spreads.The risk of infectious disease is the reason why food processing and preparation plants and establishments that serve food like restaurants, are put though numerous safety inspections.From the report in the Times, it seems like that the plant was a salmonellosis time bomb waiting to go off.

Published on: February 2, 2009

Clark County Schools to Focus on Safety to Reduce Worker’s Compensation Claims

by Robert N. Katz, Esq.

Clarke County School District has been struggling with rising costs that have been traced in part to an increase in the number of Worker’s Compensation claims the district has been forced to pay out. These benefits amounted to $1.6 million last year alone, and now, administrators are looking at a whole new approach to cutting down costs.

The district has set up a district wide committee for supervision of safety measures implemented in schools to reduce the number of injuries and accidents that result in Worker’s Compensation claims.20 smaller committees have also been established. Each school committee will have the responsibility of conducting investigations into all accidents that occur on the premises, and give the school principal a report on how best to avoid such accidents in the future. Teachers and employees often tend to be injured breaking up student fights, or as a result of slip and fall accidents on the school premises.Many of these injuries can be prevented if there are adequate structural and management changes made in these schools, and that’s what the Clark County school district seems to be aiming at.Improving safety on school premises is being seen as a preferable way to cut costs instead of cutting down on important school programs, the district says.

Georgia Worker’s Compensation Claims

Published on: January 30, 2009

FDA Reviewing Drug Labeling Charges

by Robert N. Katz, Esq.

Product and pharmaceutical liability lawyers have been seriously worried about the impending outcome of Wyeth vs. Levine and the preemption doctrine.

In December, this blog discussed the case of Wyeth and Levine and federal/state preemption issues. We await the United States Supreme Court’s decision on this issue. Meanwhile, the FDA is having to answer to these problems.

The New York Times is reporting that the U.S Food and Drug Administration may be launching criminal investigations into complaints made by several scientists against agency officials. The complaints go back to November of 2008 when the House Energy and Commerce Committee received a letter from scientists at the FDAs Center for Devices and Radiological Health division. The letter made serious allegations that management at the CDRH had been interfering with the process of approving medical devices. The scientists complained that they were being "forced" into rushing ahead to approve devices, bypassing standard procedures. The letter galvanized the ECC committee to launch an enquiry. Now, nine scientists who had made that complaint have written a letter to President Obama alleging that FDA officials may launch criminal investigations into those complaints. The letter states that it is "an outrage that our agency would step up the retaliation to such a level because we have reported their wrongdoing to the United States Congress."

Published on: January 28, 2009

Seatbelt Laws, Accident Rates, and a $4 Million Grant for Georgia

by Robert N. Katz, Esq.

Georgia’s ongoing budget crisis may actually be a blessing in disguise for the state’s motorists – the state has an incentive for passing seatbelt laws that come in the welcome form of a $4 million federal grant, which would not only add to the state’s depleted coffers, but also reduce the number of accident-related fatalities in the state.

The state is the last one in the country that continues to allow pick up truck drivers to drive without seatbelts.All minors and adults are required to buckle up on other vehicles, however. This pick up truck exemption has come in the way of a fund of $4 million which the federal government has tied to a state’s enactment of seatbelt laws.Georgia however has stubbornly refused to make it mandatory for pick up drivers to snap on their seat belts, and has lost out on the funding, thus far.

Now however, the situation is markedly different, and cries for mandatory seat belt laws that can help save thousands of lives a year, are getting louder. One of the weapons in the armor of proponents of making seat belts mandatory on all vehicles without exception, is of course the $4 million grant that the state would receive if it passed these laws.The state currently faces a budget deficit that is set to exceed $2 billion, and with the economy in the shape it’s in, there’s no telling how deep the deficit could go.

Published on: January 27, 2009

Georgia Supreme Court Hearings in Medical Malpractice Case Soon to Begin

by Robert N. Katz, Esq.

Medical malpractice lawyers in Georgia will be looking with interest at the outcome of a civil case that’s due to begin hearings this week.The judgment in the case that involves four doctors who were cleared of negligence by a jury, has lasting repercussions for medical malpractice lawsuits in the state.

In 2003, 13-year-old Justin Smith was sickened with a rare tick-borne condition called Rocky Mountain spotted fever.The disease is spread by tick bites, and as symptoms worsen, can quickly lead to flat, pink rashes, severe abdominal pain, diarrhea and joint pain. It can be a potentially life threatening illness. Justin was first taken to pediatric doctors, and then transferred to Children’s Healthcare of Atlanta at Egleston, where he finally recovered from his illness. By then however, he had already suffered some amount of brain damage.His parents, in their medical malpractice lawsuit against the four doctors, alleged that the doctors had been negligent in falling to diagnose the illness.The doctors claimed that the condition itself is so rare that it’s difficult to diagnose. In 2006, the four doctors were cleared of any wrongdoing by the jury.

Now, the Georgia Supreme Court will consider whether instructions given by the judge to the jurors regarding hindsight could have been inaccurate or confusing.Plaintiff’s attorneys claim that the hindsight instruction should only be given in case of a claim of negligence where the defendants had no knowledge of certain information.Here, the doctors were aware of the tick bite.The defendant’s attorney argue that Justin’s rashes, which are a symptom of the fever, only became evident when the child was taken to the Egleston facility, and therefore, the doctors were not aware of the symptomatic rashes.

Published on: January 24, 2009

Worst Toys of 2008 – Will 2009 Be Any Better?

by Robert N. Katz, Esq.

The year 2000 was the year of several dangerous toy recalls, many of which were the focus of product liability lawsuits around the country.This list of the 10 most dangerous toys of 2008 includes toys that pose hazards of choking and aspiration, lead contaminated toys as well as those that are prone to fire and burn hazards.

It isn’t clear if the list is in any particular order of danger or number of injuries caused, but it kicks off with Air Hogs RC Helicopters that came with the danger of exploding lithium-powered batteries.Many of the toy related scares of 2008 – and there were plenty of them – were linked to children being able to remove the detachable magnets from toys, and swallow these. Several dozen children were rushed to emergency rooms with perforated intestines, after swallowing magnets that later began to stick to each other through intestinal walls. Most of these injuries required surgery.The toys that came with magnets attached included earrings that contained a small magnet inside, and these make it to the list too. Other noteworthy defective playthings include backpacks containing off-the-chart levels of lead contamination, balloon sets, Dora the Explorer Lamps (which are actually electrical items and not really play things, but try explaining that to kids who see their favorite Dora on the lamp, and want to play with her), and high decibel High School Musical Rockerz.

Also on the list are children’s toys containing phthalates, a chemical compound that is often mixed with plastic to make it softer. These have been found connected to reproductive problems in male children, including a drop in testosterone levels, as well as genital abnormalities.Linking phthalates to these disorders has been the easy part – the challenge lies in finding out what products contain these chemicals, present as they are in a variety of consumer products, from air fresheners to teething rings.Phthalates are never mentioned in the list of ingredients, which means that most of us who use these cosmetics, perfumes, cleaners, and toys risk being exposed to them every day.Expect to hear more reports of injuries and illnesses associated with phthalates use in toys in 2009.

Published on: January 23, 2009

Atlanta Residents Continue to be in Danger of Escalator Accidents

by Robert N. Katz, Esq.

Even after new safety standards were introduced and added to building codes in the country, children in Atlanta continue to be in danger of escalator injuries caused when their shoes or clothing get snagged in the gaps at the sides of the escalator.

A report last month highlights some of the most dangerous areas in Atlanta that have escalators concealing a high risk for accidents and injuries to children.These include Hartsfield-Jackson International Airport, and the Metropolitan Atlanta Rapid Transit Authority (“MARTA”), as well as numerous malls where a number of these injuries occur every week. It’s not just children who have been at risk for injuries caused by escalators.Teenagers and adults have had their shoes and clothing snagged in the gaps.People have been dragged down when the edges of their coats were caught in these gaps, ending in a dislocation of the shoulder, and in other cases, have lost their balance and fallen over. Toes and feet have been badly mangled when their shoes have been caught in these gaps.

Many of these accidents have involved children’s shoes, especially Crocs. The problem has been severe enough for the Consumer Product Safety Commission to even warn about these, and confirm that these shoes had been worn by an overwhelming majority of people involved in escalator accidents.The shoes now come with a safety tag warning for such injuries.

Published on: January 22, 2009

FDA Continues to Sleep Over Food Safety

by Robert N. Katz, Esq.

Seattlepi.com has an interesting story about how well we can expect our federal agencies to ensure that the food that makes it to our tables is safe to eat. The focus of the story is but naturally, the salmonella food poisoning crisis that has engulfed the country with 6 deaths connected to the epidemic so far.

The biggest source of concern to American consumers in this latest crisis, the report says is the manner in which the Food and Drug Administration dragged its feet for more than three months before confirming an outbreak. The latest crisis that has involved the agency’s food safety protocol has had consumer safety advocates, food poisoning lawyers as well as the public, wondering how the FDA which found out weeks ago that the Georgia plant of Peanut Corporation of America was the source of the particular strain of Salmonella found in the contaminated peanut butter, could have waited so long before they even confirmed the source. The FDA continued to mouth the same line – that the peanut butter in question was only sold to restaurants, nursing homes and food companies, but they still have not released a list of all Peanut Corporation of America clients who may have received the contaminated butter. The FDA’s outdated practices mean that manufacturers are rarely forced to recall their products. The agency prefers to rely on voluntary recalls by companies, and in many cases, these are too late to prevent severe illnesses.

More companies meanwhile are queuing up to announce recalls of their products that contain peanut butter. General Mills has recalled 2 varieties of snack bars because butter used in the snacks came from the Peanut Corporation of America. Other companies including Perry’s Ice cream Company, Food Lion Cookie, Hy-Vee Inc, have all removed their products containing peanut butter from store shelves as a precautionary measure because of the fear that these could contain traces of the contaminated butter.