Georgia Injury Law Blog

Published on: February 7, 2012

FDA’s Poor Oversight of Disposable Wipes Makers Poses Safety Risk to Consumers – Product Liability Claims Likely

The Food and Drug Administration has failed in its responsibility to maintain oversight over companies that manufacture disposable wipes.As a result, sanitation and hygiene standards at these facilities have dropped, and the result has been several fatalities and infections across the country caused by contaminated wipes.An investigation by the Milwaukee-Wisconsin Journal Sentinel found poor hygiene standards at a facility operated by yet another Wisconsin-based company that manufactures wipes.

Product liability claims are likely from any serious infection or wrongful death which arises due these wipes. A personal injury arising out of a serious infection often results in long-term hospitalization and continuing issues for the individual. Product liability claims which arise out of the improper manufacturing of a product can be very difficult to prove. However, personal injury lawyers have developed a variety of techniques of attacking these types of cases. The work of government agencies is often an important component in establishing civil liability in these matters.

That company, Rockline Industries manufactures baby wipes and other wipes that are used in hospitals and homes.According to the investigation, at least 5 years ago, employees of the company acting as whistleblowers wrote a letter to the Food and Drug Administration warning that thousands of contaminated wipes were being manufactured at the company’s Arkansas facility.The whistleblowers alleged that the company was aware of the contamination of these wipes, but failed to take action, and continued to ship these wipes across the country.

Published on: February 6, 2012

Company Recalls Dining Tables Due to Personal Injury Risks

by Robert N. Katz, Esq.

A California-based company and the Consumer Product Safety Commission are announcing a recall of dining tables, because of the risk that the tables could collapse, injuring consumers. As any personal injury attorney who has handled a collapsing table or chair case can attest, the injuries from this type of incident are more significant than they may first appear. For instance, consider the possibility of a small child sitting at a table that collapses. The weight of the table could easily seriously injure or kill the child.

For adults, the risk of a collapsing table relates more to a leg or knee injury. If the heavy wooden table were to collapse on an individual’s knee, then there is a significant potential for a knee replacement surgery. It is good that the company has taken the issue seriously and is recalling the tables. They will very likely avoid a number of product liability claims.

The table, the Dover Dining Table is manufactured in China and imported by West Elm, a division of Williams-Sonoma of San Francisco, California.According to the Consumer Product Safety Commission, West Elm is recalling approximately 830 dining tables in the United States.In Canada, 10 tables are being recalled.The recall is linked to a potential defect that could cause the wooden base of the table to collapse.This can cause the glass top to fall, posing serious injury hazards to consumers seated at the table.

Published on: February 5, 2012

GOHS App to Help Prevent Drunk Driving Car Accidents in Georgia

by Robert N. Katz, Esq.

Getting home safe when you are under the influence of alcohol should be much easier for Atlanta motorists.The Georgia Governor’s Office of Highway Safety has released a smartphone app that is meant to help drivers find a sober ride home after their New Year’s celebrations. Some of the worst auto accidents seen in the office of a personal injury lawyer involve drunk drivers. Inevitably, these car accidents result in the most serious types of personal injury and very often involve a wrongful death.

The New Year’s Eve holidays typically see large numbers of serious and fatal accidents involving intoxicated motorists.The alcohol flows freely over New Year’s, and according to some statistics, more drunk driving take place during this holiday than any other holiday of the year.This year, the Georgia Governor’s Office of Highway Safety issued technology to reach out to motorists, and help them get a safe ride home.

The Governor’s Office of Highway Safety collaborated with a number of safety partners to compile a list of sober ride programs that intoxicated motorists were able to access to make sure that they reach home safe on New Year’s.The list of programs was compiled and made available as a smartphone application.The application is called Drive Sober Georgia.You can still download the application on your iPhone or Android phones.

Published on: February 4, 2012

ProPublica Exposé Reveals Nursing Home Abuse Related Deaths Rarely Investigated

by Robert N. Katz, Esq.

According to a new exposé by ProPublica, an unknown number of senior citizens who die in nursing homes around the country may have died due to nursing home abuse.However, their families may never know because investigations into such a wrongful death are rare. Nursing home abuse attorneys are well aware of the serious nature of the problem. When investigating these matters, we often find that the nursing home has been active in trying to cover up the abuse, rather than conducting an honest investigation which uncovers the issue and provides useful information to improving the care they provide.

As part of the exposé, the team at ProPublicainvestigated coroner and medical examiner’s office records, and looked at the number of sudden and unusual fatalities at several nursing homes.They found in their investigations that in cases involving seniors who die suddenly, or under any kind of suspicious circumstances, there is no guarantee of any investigation into the death.ProPublicahas reached several conclusions that point to systemic flaws.

For instance, when a senior death is reported as natural, coroners and medical examiners very rarely investigate it.However, the fact is that very often, doctors make errors in judging whether a death is natural or not.In one study conducted in 2008, approximately 50% of doctors were not able to correctly identify the cause of death for an elderly patient who had died after a brain injury that occurred as a result of a fall accident.What this means is that an unknown number of deaths in nursing homes are probably being classified as natural deaths, when they are anything but.

Published on: February 3, 2012

Decline in Georgia Car Accident Deaths in 2010

by Robert N. Katz, Esq.

Car accident death rates in Georgia seem to have mirrored the nationwide drop in traffic accident deaths in the year 2010.Highway safety officials in Georgia recorded a substantial drop in accident fatalities in the state for the 5th successive year. Most personal injury lawyers have not really seen that significant level of a drop in their wrongful death cases. That is likely due to the fact the decrease has come through improvement of roadways. Very few wrongful death cases caused by roadway defects are actually litigated.

According to the National Highway Traffic Safety Administration and the Georgia Department of Transportation, a total of 1,244 people died in car accidents in Georgia last year.That was a drop of 3.7% from the previous year, or 48 fewer fatalities.In 2009, the number of people killed in auto accidents was 1,292.The number has been dropping steadily since 2006.

To understand the kind of progress that has been made in keeping motorists safe on Georgia roads, consider this – in 2005, there were 1,744 deaths in traffic accidents in Georgia, compared to 1,244 in 2010.In just 5 years, transportation safety agencies and law enforcement in Georgia have been able to reduce the number of people being killed in preventable traffic accidents.

Published on: February 1, 2012

Georgia Appeals Court Overturns Yamaha Rhino Injury Verdict

by Robert N. Katz, Esq.

The Georgia Court Of Appeals has reversed a jury verdict in favor of a Yamaha Rhino rider, who suffered a serious personal injury during an off-road vehicle accident.The victim, a gravedigger from Georgia had been riding his Yamaha Rhino off-highway vehicle when the vehicle flipped over.He suffered serious leg injuries.

A court had ordered Yamaha to pay damages of $317,000.However, the Georgia Court of Appeals has now reversed the verdict.According to the appeals court’s decision, unlike a car accident, the victim had assumed the risk of injuries when he purchased the off-road vehicle in 2006.With this and to the dismay of many personal injury lawyers, Yamaha’s unblemished Rhino injury lawsuit record continues.The company has continually won lawsuits arising out injuries and fatalities resulting from accidents involving its off-road vehicle.However, the company has also entered into undisclosed settlements with several injured people, so the unblemished track record isn’t that clean.Those settlements are confidential, however.

The Yamaha Rhino was introduced in 2003, and quickly became popular among a growing generation of off-road vehicle fans.These off-road vehicles are different from all-terrain vehicles, in that they do include some additional safety features like safety belts.However, consumer safety groups soon found that the Yamaha Rhino was linked to a number of accidents ending in injuries.Some of the injuries that have resulted from these off-road vehicle accidents have been severe.Yamaha Rhino riders, who were caught or trapped when the off-road vehicle flipped over, have suffered from severe crushing injuries, and arm and leg injuries.There have also been amputations and severe limbs.The Rhino weighs about 1,100 pounds, and any accident that results in the vehicle flipping over and landing on a person, can cause serious injuries.

Published on: January 30, 2012

Investigations into Atlanta Machinery Accident Begin – Workers’ Comp. Claim Likely

by Robert N. Katz, Esq.

Federal investigation officials are investigating a workplace accident in Atlanta, in which 2 people were killed after the piece of equipment they were working on, collapsed. Of course, family members of the persons who were killed are emotionally devastated. Unfortunately, as workers’ compensation attorneys know to well, Georgia’s worker’s compensation system is unlikely to provide the families with the level of financial assistance they need to move forward with their lives.

The accident occurred near midtown Atlanta, where the 2 men were working on a mobile lift in a 40-foot bucket.At some point, the lift became stuck.The men had been working on the exterior of an apartment building when the lift became stuck.As the workers attempted to move the lift, it collapsed on a concrete walkway.The 2 men were flung onto the ground, and sustained serious injuries.They were taken to the Grady Memorial Hospital, but succumbed to their injuries later.The victims included a 29-year-old man and a 42-year-old man. According to the Fulton County Medical Examiner’s Office, the 2 men died from injuries they sustained in the fall.

The Occupational Safety and Health Administration has begun an investigation into the accident.The lift was at a height of 40 feet, but the 2 men were not crushed by the machinery when they fell.

Published on: January 26, 2012

Atlanta Roofing Contractor Cited for Fall Hazards — Workers’ Comp Claims Likely

by Robert N. Katz, Esq.

A roofing company in Atlanta has been cited for failure to protect workers from fall hazards after an inspection by the Occupational Safety and Health Administration.One of the significant causes of workers’ compensation claims are fall hazards. Workers’ comp attorneys regularly see claims involving significant personal injury arising out of fall incidents. The inspection and action by OSHA will likely prevent serious injuries to the workers on this job site. The company, Midsouth Steel Inc. of Atlanta is likely to face penalties of more than $184,000.

Occupational Safety and Health Administration inspectors found fall hazards during inspection of roofing work being performed at a site on Roosevelt Highway in Union City.The company had been constructing a recycling facility in Union City.According to the Occupational Safety and Health Administration, the inspection was part of a local program to protect workers in the construction industry from fall accidents.

Inspectors found at least three willful violations, including exposure of the workers to fall hazards by allowing them to work at heights of 35 feet without requiring any fall protection, exceeding the load capacity of the aerial lift, and failure to provide for protection for all employees working on a steep roof.

Published on: January 24, 2012

Distracted Medical Professionals Are a Patient Safety Risk and result in Medical Malpractice Claims

by Robert N. Katz, Esq.

Doctors and nurses now have access to smart phones and other gadgets that help them in their work.Doctors can refer to smart phones to easily access the Internet, or access patient data.However, the increasing use of electronic communication devices in hospitals has also meant an increasing number of distractions that could possibly harm patients. A significant number of medical malpractice claims arise out of a failure of medical professionals to closely monitor a patient’s condition. All medical malpractice attorneys have seen incidents in which a doctor who is very competent misses a change in a patient’s condition that, while easily addressed if caught early, results in catastrophic problems when left unchecked. It appears clear now that some of the incidents are likely the result of distractions caused by electronic devices.

According to this report, the risk of distractions from the use of electronic gadgets is so great that many hospitals have begun to limit their use altogether.Medical schools have also begun teaching students to focus on caring for patients, instead of relying on devices.However, the fact is that more and more medical students now are armed with devices that equip them with information that can increase patient safety.These measures have come after a number of incidents reported from around the country in which doctors, nurses, technicians and other personnel were found to be distracted using their devices for personal uses.

In one incident, a nurse was found researching airline fares during a spinal surgery procedure.Doctors have also been found using their cell phones to have personal conversations while performing procedures.Needless to say, none of this enhances patient safety, and actually increases the risks of medical errors.The Institute of Medicine in its path breaking report To Err Is Human in 1999, found that more than 90,000 patients die every year as a result of medical errors.Hospitals have been investing in reducing medical errors, and unfortunately, electronic gadgets seem to increase those risks.

Published on: January 17, 2012

Even As Car Accident Wrongful Deaths Drop, Increase in Pedestrian Wrongful Deaths

by Robert N. Katz, Esq.

In 2010, there was a record drop in auto accident deaths from the previous year.However, the number of people dying in pedestrian accidents actually increased.

Last year, 32,885 people died in auto accidents across the United States.That was a drop of 2.9% from 2009.These were the lowest traffic accident death numbers on record since 1949.These accident fatality numbers have declined even as the number of miles being driven by American motorists increased in 2010.In fact, there was a drop in almost all categories of car accident deaths last year, including drunk driving accidents.

However, pedestrians were not safer in 2010.Pedestrian accident deaths actually increased last year by about 4.2% from 2009.Further, the number of persons who suffered a personal injury in pedestrian accidents in the United States increased by a staggering 19 %.Overall, more than 70,000 pedestrians were injured in accidents last year.That increase is puzzling considering that it comes after 4 straight years of declining pedestrian accident death numbers in the US.