Georgia Injury Law Blog

Published on: February 25, 2008

Two More Workers Die In Sugar Refinery Blast

Two sugar refinery workers died over the weekend from the February 7^th explosion at the Imperial Sugar Plant in Port Wentworth, Georgia.That brings the total number killed in this workplace accident to 11.Twelve remain in critical condition at Doctors’ Hospital in Augusta, Georgia.Two are in serious condition.Over forty workers were injured and released from treatment.

The explosion occurred Thursday night around 7:30 p.m. when plant workers were packaging refined sugar into Dixie Crystal bags.Investigators believe the blast was caused by the accumulation of sugar dust in a basement area beneath the plant’s storage silos. Sugar dust is combustible. While the cause of the ignition is not yet known, stacked and dry sugar could create a static electric charge that could have ignited.

The explosion was so powerful that neighbors thought a bomb went off. Floors inside the plant collapsed, flames spread throughout the building, metal girders buckled, and sheet metal corridors connecting the plant buildings gave way.Molten sugar burned at more than 4000 degrees.Fire crews worked through the night and for several days following to put out the flames.Doors to the plant were glued shut by crystallized sugar sludge.

Published on: February 22, 2008

Million Dollar Personal Injury Settlement by Distracted Driver

by Robert N. Katz, Esq.

Cell phone liability is back in the news again. Last week the Fulton County Daily Report highlighted the recent International Paper personal injury settlement. International Paper ( "IP") paid out $5.2 million to settle a personal injury suit for an automobile collision that an IP employee caused by talking on a cell phone.

IP employee Vanessa McGrogan was talking on her company-supplied cell phone when she rear-ended a vehicle driven by Debra Ford. The collision pushed Ford into a ditch on the right side of the road. The car overturned and dragged the driver’s side across the roadway. Ford’s arm was caught between the door and the asphalt. Ford, a widowed mother of four, had to have her arm amputated at the shoulder.

McGrogan had her cruise control set at 77 mph. In addition to this, she was talking on her cell phone to the point of distraction. The plaintiff raised the issue of intentional negligence. The trial court in ruling on a motion for partial summary judgment allowed the plaintiff to seek punitive damages. The case was set for trial in March and settled this month.

Published on: February 5, 2008

Accidents Likely as Bridge Inspection Reports Faked

by Robert N. Katz, Esq.

Today’s Atlanta Journal Constitution front-page article provides a shocking revelation from the Department of Transportation.A twenty-nine year employee charged with inspecting state bridges faked his reports since last fall.Falsified inspection reports could suggest that faulty bridges are safe. A bridge collapse could lead to serious personal injuries or even death for the occupants of vehicles.

The two-man inspection team fell behind in their work, partly because one team member took off a good deal of time from work last year.Rather than own up to missing a deadline, they falsified reports.Not apparently the swiftest, the team claimed to have inspected 18 bridges in one day, which caught the attention of a supervisor.The DOT reports it will send out a new team to inspect the 54 bridges affected by the employee lying scandal.

Bridges are inspected at two-year intervals.However, bridges deemed critical may get an annual inspection.Valid DOT inspection reports show that one in five Georgia bridges are in need of repair or new design.Georgia spends about $100 million a year on bridge maintenance, but claims it needs $2.5 billion to rebuild deficient bridges.

Published on: January 29, 2008

Product Defects Evident in 2007 Automobile Recalls

by Robert N. Katz, Esq.

Former Mitsubishi President, Katsuhiko Kawasoe, was sentenced in Japan last week for professional negligence for his role in covering up defects in Mitsubishi trucks in cars over a three-year period from 1997 to 2000. Apparently, the auto manufacturer hid defects in its clutch system on several models of trucks and cars. The defect caused the brakes to fail. In some cases, occupants were killed in collisions caused by the faulty system. Wrongful death suits arising from these collisions uncovered the scandal.

Mitsubishi hid reports of defects, choosing to secretly repair the cars when brought into dealerships rather than issue a product recall that would have protected consumers. When news of the cover-up came out, sales plummeted, and company officials were forced out in disgrace. Subsequently, those officials were charged with professional negligence and criminal violations for falsifying reports and failing to take proper recall measures.

In the United States, the National Highway Transportation Safety Association (NHTSA) has issued its 2007 recall report. Automobile recalls increased in 2007 by thirty percent from the previous year. Manufacturers issued 588 recalls, affecting almost 15 million vehicles.

Published on: January 21, 2008

Medical Malpractice Abundant in State-Run Mental Health Hospitals

by Robert N. Katz, Esq.

As the Georgia General Assembly is currently in session, another topic that we’ll try to stay on top of for you is the funding of the state’s seven mental health hospitals.The Georgia Department of Human Resources runs these facilities statewide.The seven hospitals are Northwest Georgia Regional in Rome, Georgia Regional in Atlanta, Central State in Milledgeville, East Central Regional in Augusta, Georgia Regional in Savannah, Southwestern State in Thomasville, and West Central Regional in Columbus.

Thanks in large part to an investigative report by the Atlanta Journal Constitution this year; attention has been focused on the appalling medical care deficiencies at these hospitals.Justly, these hospitals have become a hotbed of medical malpractice claims.

In 2007, the hospitals reported twenty-one deaths.One hundred and fifteen patients died in the four-year period from 2002 to 2006.All of these deaths arose from abuse or neglect.Most of these facilities are understaffed and overcrowded.Many of these deaths occurred due to over-medicating, misdiagnosing symptoms, and nurses or aides failing to follow doctor’s orders.

Published on: January 14, 2008

Accident Injury Patients Suffer as Grady Hospital in Critical Condition

by Robert N. Katz, Esq.

January 14, 2008

The Georgia General Assembly begins its 2008 session today. Constitutionally, the legislature is charged with approving a budget for the state. One critical item on this year’s agenda must be saving cash-strapped Grady Memorial Hospital, which is in critical condition.

Grady Memorial Hospital (“Grady”), in the heart of downtown Atlanta, serves 850,000 outpatients a year and admits 30,000 inpatients. It is the only Level One Trauma Center in north Georgia, and it provides the city of Atlanta’s only emergency ambulance fleet. In addition to treating accident victims, Grady has the state’s only poison center and has an esteemed burn center. Serious accident victims are often transferred to Grady for care.

Published on: January 7, 2008

Personal Injuries Caused by Faulty MARTA Escalator

by Robert N. Katz, Esq.

Varying reports have now appeared about a MARTA escalator incident on New Year’s Eve.At first the Atlanta Journal Constitution reported, “a bunch rowdy college football fans lost their footing” when one of the Five Points MARTA station escalator’s malfunctioned.Eleven people were injured in the accident.

According to riders, the escalator suddenly began running backwards at four to five times its normal speed.The sudden reverse escalation caused the riders to fall to the stairs in a heap.Over 50 people were dropped to the station platform.One person sustained a broken leg, and 11 people were transferred to the hospital.

MARTA officials blamed the mishap on this group of “rowdies” and said “people should learn not to mess around.”Eyewitnesses disputed such behavior.Three days later MARTA admitted that three transit escalators in two stations failed that day. A MARTA spokesperson revealed that the braking system on two escalators failed at the Five Points station and one failed at the Georgia Dome station all on News Year’s Eve.The escalators were subsequently shut down and are under repair.The next day the Atlanta Journal Constitution demanded that MARTA “take aggressive steps to eliminate persistent equipment problems.”

Published on: January 2, 2008

False Claims Act Nets Whistleblower $4.9 Million

by Robert N. Katz, Esq.

Last week the Atlanta Journal Constitution reported the case of Teri Ramsey, a former St. Joseph’s Hospital nurse turned whistleblower whose False Claims Act lawsuit against St. Joseph’s cost the hospital $26 million with a net reward to her of $4.9 million.This is the highest paid health care fraud in Georgia history.

Ramsey, a nurse by profession, was hired to review hospital admissions.Within weeks of beginning her job, Ramsey noticed that many outpatient services were billed as inpatient services.The billing distinction allowed for St. Joseph’s to collect significantly more from Medicare.Ramsey complained to supervisors and doctors, but claims she was quickly rebuffed and even told not to “rock the boat.”Ramsey’s persistence caused her to be ostracized by co-workers and intimidated by supervisors.The hospital culture created a disincentive to whistle blowing.

Ramsey persisted, nevertheless.She contacted an attorney and filed a complaint under the federal False Claims Act. This Act, also known as a qui tam proceeding, allows private citizens to sue on behalf of the United States for fraudulent claims on United States funds.The False Claims Act has considerable teeth. Defendants found liable under the Act must pay treble (three times) damages of the actual over billing.Also, the Act provides for civil penalties of $5000 per each fraudulent claim.Finally, in order to encourage private citizens to turn in defrauders, the private citizen is entitled to collect 15 to 25 percent of the recovery.Often, federal prosecutors step into the suit and pursue it on behalf of the government.

Published on: December 26, 2007

Wrongful Death Settlement of 6 Million Due to Shoddy Construction

by Robert N. Katz, Esq.

December 26, 2007

The family of Milena Del Valle, a passenger killed in the Big Dig Tunnel in Boston, Massachusetts, settled for 6 million dollars yesterday from one of the defendants in a wrongful death suit filed against 17 defendants.

While riding as a passenger with her husband in the tunnel, Del Valle was killed when 3 3-4 ton ceiling panels gave way overhead, falling and crushing her. Her husband escaped through the window of his sedan.

Published on: December 10, 2007

Medical Malpractice Cases Face Tighter Expert Rules

by Robert N. Katz, Esq.

Last week, a divided Georgia Supreme Court in Nathans v. Diamond, S07A0738 tightened the rules relating to expert testimony in medical malpractice cases.

In 2003, Dr. Andrew Diamond of Northside Ear, Nose and Throat (Northside ENT) performed surgery on plaintiff Nathans to correct his sleep apnea.During the surgery, Nathan suffered bleeding, respiratory distress and lapsed into a coma.After recovering, Nathans and his wife filed a medical malpractice lawsuit against Diamond, claiming he failed to adequately inform him of the risks of the surgery.

As required in Georgia under O.C.G.A. § 9-11-9.1, all medical malpractice complaints must be filed with an attached affidavit of a medical expert attesting that the defendant deviated from the standard of care.The Nathans attached an affidavit of a pulmonologist from Tampa, Florida.