Atlanta, Georgia Personal Injury Lawyer
Atlanta personal injury lawyer blog
Monday, November 30, 2009
Atlanta’s Abysmal Emergency Response Time
Friday, November 27, 2009
Nine Year Old Recovering After Being Pinned Under Car
Thursday, November 26, 2009
Jury Awards $300 Million to Former Smoker
CPSC Recalls 2 Million Stork Craft Cribs
Tainted Peanuts Distributed, And They Knew
Wednesday, November 25, 2009
New “Hot Coffee” Documentary Examines America’s Most Famous Personal Injury Case
Ask people on the street to name America’s most famous legal case, and you’ll likely hear Roe v. Wade or Brown v. Board of Education. But ask people to name the most famous personal injury case in American history, and you’ll definitely hear about the lady who spilled McDonald's hot coffee on herself and collected millions of dollars. The “hot coffee” case against McDonald’s became the prime example for frivolous lawsuits. Comedians from Seinfeld to Letterman made fun of the case. And the so-called “Stella Awards” for most outrageous lawsuits were named for the plaintiff in the hot coffee case, Stella Liebeck.
However, even though many people have heard of the case, they are not familiar with the details. Why is it that the jury awarded $2.9 million to Liebeck? Did McDonald’s have poor defense attorneys? And why did this case become so famous?
A new feature documentary, simply titled “Hot Coffee,” will explore these questions and more. The filmmakers say that the documentary will tell the story of what really happened to Stella. The filmmakers interviewed Stella’s grandson (who was the driver at the time of the incident), her doctor, the lawyers involved in the case, the quality assurance manager from McDonald’s, and the jurors.
“We will show how this case became so popular in the media (along with other examples of ‘frivolous’ lawsuits), who funded the effort and to what end,” said the filmmakers. “We will interview political scientists, law school professors and consumer advocates who have spent years analyzing media coverage of the tort system and who controlled the message. We will show how the media was used and continues to be used for a political agenda to prevent access to the court system and immunize corporations from civil liability. We will educate the audience about caps on the amount of money that victims can receive in court in most states, how the federal government has enacted laws to prevent people from their day in court, and how the small print on credit card and real estate contracts, for example, prevent people from being able to get into the court system, denying access to justice. We will explore judicial races in states where tort reform measures have passed and then were later found unconstitutional by the State’s Supreme Courts. In many of these states there were major public relations campaigns established by tort reform groups to unseat pro-consumer justices and replace them with pro-business justices. We will interview representatives from the American Tort Reform Association, the U.S. Chamber of Commerce (who even recently started a new website called ‘Faces of Lawsuit Abuse’) and even Phillip Morris, to find out what their involvement was in keeping this story alive and the motivations behind it. We will let the audience decide who really profited from spilling hot coffee.”
I look forward to watching this documentary. Screenings are expected to begin in 2010. The film is directed by attorney Susan Salandoff, who has spent the last 25 years practicing law and representing those injured by individual and corporate negligence.
If you’ve been injured by individual or corporate negligence, contact an experienced Georgia personal injury attorney immediately. Time is of the essence. Call MLN Law at 404-531-9700 to schedule your consultation.
Yaz, Yasmin Birth Control Associated with Medical Problems
Remembering Bicycle Safety for Drivers
Tuesday, November 24, 2009
Jury Awards $22.3 Million to Parents of Boy Who Lost Leg
Will Toyota Recall Solve the Acceleration Problem?
Accident Reminds Us of Bicycle Safety
Monday, November 23, 2009
Nanomedicine Shows Promise for Treating Spinal Cord Injuries
Multiple Atlanta Pedestrian Accidents Cause Injuries and Fatalities
Who Benefits From Medical Malpractice Caps?
Saturday, November 21, 2009
Jury Awards $6 Million to Man Injured by Falling Tree Limb
Atlanta Drunk Driver Going Wrong Way on I-20 Killed Mother
Friday, November 20, 2009
Atlanta Consumer Alert: Lookout for a Holiday Spike in Counterfeit Cash
Thursday, November 19, 2009
Jury Awards $8 Million to Pedestrian Seriously Injured by Bus
2010 Vehicles - Top Safety Pick Award Winners
Firestone Tires Did Nothing About Their Dangerous Product
“Loser Pays” Medical Malpractice Legislation Introduced
Wednesday, November 18, 2009
Jury Awards $5.25 Million to Family of Fatal Tractor Trailer Wreck Victim
School Bus Driver Released on Bond in Sex Case
Tuesday, November 17, 2009
How to Prevent Gasoline Fire Burn Injuries
Survey: One in Four Teens Text While Driving
Bad Medical Devices Lead to Deaths, Maker Knew and Did Nothing
Monday, November 16, 2009
5 Reasons to Hire a Personal Injury Attorney in Georgia
Family Sues Water Park over Boy’s Drowning Death
How to Prevent Alzheimer's Patients from Wandering Away from Home
Friday, November 13, 2009
Georgia Legislation Targets Contaminated Food Producers
Toddler Survives Fall from Window
High Risk of Pedestrian Injury in Atlanta
Thursday, November 12, 2009
Georgia Personal Injury Lawsuit Statistics
Motorcycle Helmet Safety in Georgia
Forbes Names Atlanta US’s Most Toxic City
Wednesday, November 11, 2009
NHTSA May Recall Jeep Grand Cherokee due to Defective Fuel Tank
Georgia Students at Risk of Whooping Cough
Tuesday, November 10, 2009
Unsafe School Buses in Atlanta
A Million Maclaren Strollers Recalled due to Amputation Hazard
Yesterday the U.S. Consumer Product Safety Commission (CPSC) announced a recall of approximately one million Maclaren strollers that were sold between 1999 until the time of the recall. According to TIME magazine, this brand of strollers is popular among the young-urban-professional demographic. The recalled Maclaren strollers are light and upscale, ranging from $100 to $360.
Several different models of Maclaren strollers were recalled The CPSC warns consumers to stop using any single or double umbrella strollers with the word “Maclaren” written on them. At least 12 children have had their fingers amputated after placing them in the hinge where the stroller folds.
“This is a very serious hazard. We know child behavior. We know kids like to explore and sometimes put their fingers in places where they shouldn’t be. But finger amputations that result from using a product that parents expect to be safe is unacceptable,” said Scott Wilson, spokesperson for the CPSC.
Maclaren is offering free hinge covers to protect children’s fingers. You can order the hinge covers from the Maclaren USA website at maclaren.us/recal - but be warned that the site has been slow and overloaded lately because it has been getting so much web traffic.
Charlotte Addison of Maclaren said, “We are working to address the issue. We didn’t anticipate getting the volume that we got today.
You may also call 1-877-688-2326. Again, it may be difficult to get through.
The blogosphere is all atwitter about this recall. One blogger at The Mother Load wrote, “Fingertip amputation? And they had to get to TWELVE cases before they issued a recall?” The search term “Macleren fingertip amputation” is already showing over 37,000 results on Google. Word spreads fast online - and that’s a good thing when it comes to child safety!
Indeed, Pete Blackshaw, a consultant for Nielson Online, reports that new mothers are three times more likely than others to use social media and start blogs. Blackshaw said, “Given the higher order of sensitivity, parents are much more diligent. They want to talk to friends, family and even strangers about their decisions. They’ll go the extra distance.” And they’ll also go the extra distance to warn other parents about dangerous products.
Maclaren USA, a 42-year-old brand originating in Great Britain, has been struggling to keep up with consumer demand for information about the recalled products. It has been difficult to access their website as well as their toll-free number, and TIME reports that the Maclaren Twitter account linked to pages that didn’t exist. A Maclaren Facebook page, however, instructs customers to email their name, address, phone number, stroller model, and stroller VIN number to sales@maclarenbaby.com.
It’s heartening to see such a viral online response to a child safety issue. The Internet continues to take on a greater role in the prevention of child injuries and personal injuries. I’m glad to be a small part of that.
If your child has been injured by a defective product, contact a Georgia personal injury lawyer as soon as possible to ask about your legal rights. Call MLN Law at 404-531-9700 to schedule a free consultation.
Will Inflatable Seat Belts Help Prevent Auto Accident Injuries?
Faulty Products Injure Consumers, and They Knew
Monday, November 9, 2009
Georgia State Patrol Aims to Reduce Motorcycle Crashes
Class Action Lawsuit Filed over Toyota Acceleration Problems
Visual Evidence that Distracted Driving Ends Lives
You may not see be able to see the motorcycle in this picture. At first glance, it is nearly invisible
From a different angle, the circumstances become more evident.
The driver of the Honda motorcycle was going 85mph when the Volkswagen pulled out in front of him from a side street. She was talking on her cell phone and apparently did not see him. At that speed, he did not have the time to react to stop before he collided with the car. His motorcycle went through the windshield with enough force to flip the car entirely and send it flying through the air. All of the participants in this accident, both drivers and a single passenger in the Volkswagen, were killed instantly in the crash.
The dangers of driving while distracted are no new revelation on this blog or in the news. Numerous studies have examined the dangers of speaking on the phone while driving, and found that cell phones – both hand held and hands free varieties – significantly impair driving performance. In some cases, the level of impairment has been shown similar to driving at the legal blood alcohol limit of 0.08 percent. Every day, more than 800,000 drivers use their handheld cell phones.
Texting while driving is considered “incompatible with safe driving” by the CTIA-Wireless Association, and for good reason. But while the danger of texting while driving seems as though it ought to be obvious, an estimated 20 percent of drivers drive while texting, and an estimated 66 percent of drivers between the ages of 18 and 24.
While the actual incidence of distracted driving is difficult to accurately measure, driver distraction was reported to have been a factor in 16 percent of fatal crashes in 2008, as recorded in the Fatality Analysis Reporting System.
In 2008, an approximate 515,000 people were injured as a result of distracted driving according to the police, and 5,870 people were killed. The actual number is possibly much higher.
Cell phones are the single most common cause of distraction in drivers on the road today, more common that drowsiness, eating, GPS or any other cause of driver inattention. At the same time, an ever more robust body of evidence suggests that they are one of the greatest dangers on the road, leading to drivers up to four times more likely to have a traffic accident. Beyond that, we have graphic reminders such as the above pictures to remind us viscerally of the horrific outcome when the inevitable happens and driving in a constant state of distraction leads to a fatal accident.
While laws are in place in some states, like California, to prevent drivers from using hand held cell phones, hands free varieties are still common and only 18 states and the District of Columbia outlaw texting while driving. It is important to remember the danger this technology represents. The only safe way to drive is with cell phones put away.
If you have been injured by someone driving while using their cell phone or otherwise distracted, it is important to talk to an experienced lawyer as soon as possible. Call (404) 531-9700 to schedule your free consultation at MLN Law.
Saturday, November 7, 2009
Chimpanzee Attack Victim Seeks to Sue State of Connecticut
$1.25M Verdict in Medical Malpractice Lawsuit, Toddler Death
Friday, November 6, 2009
Major Breakthrough in Chinese Drywall Class Action Lawsuit
British Driver Gets 21 Month Prison Sentence for Texting While Driving
Drive Smart Computer Program Seeks to Preserve Driving Skills Among Elderly
Thursday, November 5, 2009
Toyota Acceleration Problem May Be Due to More than Floor Mats
Studies Note Increase in Drugged Driving
Wednesday, November 4, 2009
5 Myths about Medical Malpractice
Signs of Sexual Abuse from “A Future, Not a Past”
Tuesday, November 3, 2009
Motion Requests Sanctions against Atlanta Police Department in Wrongful Death Lawsuit
Morehouse College Students Injured in Bus Crash
Local Hospital has New Gamma Knife
Monday, November 2, 2009
NFL Hall of Fame Player Diagnosed with Degenerative Brain Disease
Jury Awards $16.5 Million to Family of Mother Who Died after Radio Station Contest
Twin Toddlers Dead from Faulty Heating System
On May 5th of this year, at around 2:45 in the afternoon, Jackie Gordon called 911 to report a middle aged man in a yellow jump suit chasing children and exposing himself in Phoenix Park, near Turner Field. She was told that the police were on there way.
Almost an hour later, the police had still not arrived on the scene.
This is because at the same time, there was a fight between two groups of girls on McDaniel Street, and off Cleveland Avenue, a six year old boy was missing after wandering away from his mother at a bus stop. There was also illegal drug activity reported on Boulevard, and a traffic accident on Metropolitan Parkway. With so many calls, the sad fact became immediately apparent: there were not enough police to answer all of the emergency calls at that time.
The 911 operator sent the electronic message to a dispatcher at the Atlanta Police Department promptly after taking Gordon’s information, and there the dispatcher held the call until a unit was available to respond. It took fifty-six minutes and five seconds for the police to respond to a report of a man demanding sex from children.
Nearly an hour after Jackie Gordon’s initial call, and two more calls to 911 later – each met with the same assurances that someone would be coming – an officer finally arrived at Phoenix Park. Gordon pointed out the flasher, who had been “cussing out” her and the children for almost an hour, and he was at last arrested.
This turn of events is not uncommon for the Atlanta Police Department. In fact, they received eighteen calls around the same time as Gordon’s, and the average hold time for those calls was thirty-seven minutes.
In 18 percent of calls between January and July, over 24,000 calls tallied, police dispatchers were unable to assign units to calls forward by 911 within what the department defines as an acceptable response time. That is nearly one in five calls which dispatchers are forced to keep on hold an unacceptably long period of time. Often, by the time police arrive on the scene, the offenders are gone. Sometimes, the victims, too.
Even in the highest priority calls, officers arrive within five minutes only 9 percent of the time.
This situation is the result of a larger problem within the police department, and the city at large. Despite election year promises to the contrary, many police officers complain of never receiving raises, and until the city raised taxes, officers were furloughed half a day each week to keep costs down. This has led to the Atlanta police officers resigning at a rate almost half the national average. Well short of the much hoped for 2,000 member police force, Atlanta’s left with only 1,600 officers. Of that 1,600, only 40 percent are assigned to routine patrol.
“If a person is shot, we’re going to be there right away,” said Police Chief Richard Pennington. “But if your flower pot is stolen off your front porch, we’re not going right away. The police will get there. But because of the backlog and because of not having available resources on the street, it’s going to take a while.”
One has to wonder where protecting children from flashers demanding sex ranks among police priorities.
Almost an hour later, the police had still not arrived on the scene.
This is because at the same time, there was a fight between two groups of girls on McDaniel Street, and off Cleveland Avenue, a six year old boy was missing after wandering away from his mother at a bus stop. There was also illegal drug activity reported on Boulevard, and a traffic accident on Metropolitan Parkway. With so many calls, the sad fact became immediately apparent: there were not enough police to answer all of the emergency calls at that time.
The 911 operator sent the electronic message to a dispatcher at the Atlanta Police Department promptly after taking Gordon’s information, and there the dispatcher held the call until a unit was available to respond. It took fifty-six minutes and five seconds for the police to respond to a report of a man demanding sex from children.
Nearly an hour after Jackie Gordon’s initial call, and two more calls to 911 later – each met with the same assurances that someone would be coming – an officer finally arrived at Phoenix Park. Gordon pointed out the flasher, who had been “cussing out” her and the children for almost an hour, and he was at last arrested.
This turn of events is not uncommon for the Atlanta Police Department. In fact, they received eighteen calls around the same time as Gordon’s, and the average hold time for those calls was thirty-seven minutes.
In 18 percent of calls between January and July, over 24,000 calls tallied, police dispatchers were unable to assign units to calls forward by 911 within what the department defines as an acceptable response time. That is nearly one in five calls which dispatchers are forced to keep on hold an unacceptably long period of time. Often, by the time police arrive on the scene, the offenders are gone. Sometimes, the victims, too.
Even in the highest priority calls, officers arrive within five minutes only 9 percent of the time.
This situation is the result of a larger problem within the police department, and the city at large. Despite election year promises to the contrary, many police officers complain of never receiving raises, and until the city raised taxes, officers were furloughed half a day each week to keep costs down. This has led to the Atlanta police officers resigning at a rate almost half the national average. Well short of the much hoped for 2,000 member police force, Atlanta’s left with only 1,600 officers. Of that 1,600, only 40 percent are assigned to routine patrol.
“If a person is shot, we’re going to be there right away,” said Police Chief Richard Pennington. “But if your flower pot is stolen off your front porch, we’re not going right away. The police will get there. But because of the backlog and because of not having available resources on the street, it’s going to take a while.”
One has to wonder where protecting children from flashers demanding sex ranks among police priorities.
Labels: atlanta, child safety, Georgia
The incident took place Sunday, November 15th outside a Whole Foods on Roswell Road. Sandy Springs police responded to reports of an accident involving a young girl.
Outside the grocery store, they discovered that the girl, whose name has not been released, had been pinned under a car as she and her mother exited the building. The officers found that the driver, a seventy year old man, had briefly lost control of his car. The vehicle backed into a cement planter, then over the girl.
The girl was taken to Children's Healthcare of Atlanta at Scottish Rite, where she received treatment for severe abrasions. Luckily, she suffered no broken bones or head injuries. Several hours later, she was released from the hospital to recover in her family’s home.
It seems that the planter is to thank that the girl was not injured worse. Lt. Steve Rose, spokesman for the Sandy Springs Police Department, explained that the cement planter absorbed most of the car’s impact before it reached the child, protecting her from further injury.
No charges have been filed in this incident.
This incident, and those like it, will without a doubt add one more piece of anecdotal evidence to the fierce debate over the safety of elderly drivers. While it is impossible to say whether a younger driver might have had the wherewithal to either regain control of his vehicle more quickly, or even not lose control at the same time, the age of the driver still stands out.
I have mentioned before the challenges of being a society looking ahead to an increasing number of elderly drivers, and the measures some sources are taking to ensure their continued ability.
In the coming decades, one quarter of the American population will be considered elderly. By 2030, a predicted 69 million will be over the age of sixty-five. This change in demographics is driven by both the longer life expectancies of modern Americans, and the inevitable aging of the baby boom generation.
Many of these older drivers will remain safe, responsible motorists, and with the help of a realistic view of aging, we can help all drivers retain the freedom and mobility of having a car, and at the same time protect those with whom they share the roads – and parking lots.
When assessing your own capabilities, it is important to be thoughtful and realistic, and consider not only your driving ability and experience, but also your physical condition. Older drivers can self-evaluate themselves, to some extent, and take actions to protect themselves and others. You should consider your muscle strength, flexibility and range of motion – whether or not you are physically able to see and act in the ways demanding by driving. You should be aware of your coordination and reaction time, and your decision making abilities.
In reality, it is important for all drivers to be honestly aware of their physical abilities, and as we age, this knowledge only becomes more important.
Outside the grocery store, they discovered that the girl, whose name has not been released, had been pinned under a car as she and her mother exited the building. The officers found that the driver, a seventy year old man, had briefly lost control of his car. The vehicle backed into a cement planter, then over the girl.
The girl was taken to Children's Healthcare of Atlanta at Scottish Rite, where she received treatment for severe abrasions. Luckily, she suffered no broken bones or head injuries. Several hours later, she was released from the hospital to recover in her family’s home.
It seems that the planter is to thank that the girl was not injured worse. Lt. Steve Rose, spokesman for the Sandy Springs Police Department, explained that the cement planter absorbed most of the car’s impact before it reached the child, protecting her from further injury.
No charges have been filed in this incident.
This incident, and those like it, will without a doubt add one more piece of anecdotal evidence to the fierce debate over the safety of elderly drivers. While it is impossible to say whether a younger driver might have had the wherewithal to either regain control of his vehicle more quickly, or even not lose control at the same time, the age of the driver still stands out.
I have mentioned before the challenges of being a society looking ahead to an increasing number of elderly drivers, and the measures some sources are taking to ensure their continued ability.
In the coming decades, one quarter of the American population will be considered elderly. By 2030, a predicted 69 million will be over the age of sixty-five. This change in demographics is driven by both the longer life expectancies of modern Americans, and the inevitable aging of the baby boom generation.
Many of these older drivers will remain safe, responsible motorists, and with the help of a realistic view of aging, we can help all drivers retain the freedom and mobility of having a car, and at the same time protect those with whom they share the roads – and parking lots.
When assessing your own capabilities, it is important to be thoughtful and realistic, and consider not only your driving ability and experience, but also your physical condition. Older drivers can self-evaluate themselves, to some extent, and take actions to protect themselves and others. You should consider your muscle strength, flexibility and range of motion – whether or not you are physically able to see and act in the ways demanding by driving. You should be aware of your coordination and reaction time, and your decision making abilities.
In reality, it is important for all drivers to be honestly aware of their physical abilities, and as we age, this knowledge only becomes more important.
Labels: driver safety, elderly
Last week a Florida jury ordered cigarette manufacturer Philip Morris USA to pay $300 million in damages to Cindy Naugle, 61, a former smoker who is now wheelchair bound because of emphysema.
The award included $244 million in punitive damages and $56.6 million in past and future medical expenses. The award from the Broward Circuit Court jury is the largest of the so-called Engle progeny tobacco cases that have been tried so far. According to data compiled by Bloomberg, the award is the seventh-largest jury verdict in the U.S. this year.
Naugle’s lawsuit is just one of the approximately 8,000 filed after the 2006 Florida Supreme Court decision that threw out a large class action against tobacco companies. The original Engle v. RJ Reynolds verdict, stemming from a 1994 class action lawsuit, was $145 billion – the largest verdict in U.S. history at trial. The 2006 ruling that overturned the verdict on appeal allowed some of the 700,000 plaintiffs known as the “Engle progeny” to file lawsuits on an individual basis. Howard Engle received an undisclosed settlement reported to be in the hundreds of thousands of dollars.
Philip Morris is expected to appeal the verdict in the case of Naugle v. Philip Morris USA. Philip Morris spokesman Murray Garnick said there were “numerous erroneous rulings by the trial judge.”
“We believe that the punitive damages award is grossly excessive and a clear violation of constitutional and state law,” added Garnick. “From the beginning, this case was marked by a fundamentally unfair and unconstitutional trial plan that allowed the jury to rely on findings by a prior jury.”
Naugle is a garage officer manager and bookkeeper from Fort Lauderdale, Florida. She started smoking in 1968 when she was 20 years old. She said that she thought smoking would make her look older and more sophisticated. She smoked Benson and Hedges cigarettes, which are marketed as sophisticated and feminine. Naugle smoked until she was 45, when she quit in 1993 with the aid of nicotine patches. Incidentally, she is the sister of Fort Lauderdale’s former mayor, Jim Naugle. Attorney Bob Kelley said that Naugle “spends every minute of every day as if she were drowning.” Tubes protrude from her nose and connect to a portable oxygen concentrator so that she can breathe.
Philip Morris has been ordered to pay the entire punitive portion of the verdict ($244 million), plus 90 percent of compensatory damages. The jury decided that Naugle was 10 percent responsible for her injuries.
Naugle’s attorneys, Bob Kelley, Todd Falzone and Todd McPharlin of the Kelley Uustal law firm in Fort Lauderdale, successfully argued that Philip Morris was guilty of fraud since the company had knowingly concealed the fact that cigarettes were addictive and harmful to health.
“She cried,” McPharlin said of Naugle’s reaction to the verdict. “She was just overcome.”
The jury reached the verdict in less than three hours of deliberation. The trial lasted 16 days before Broward County Circuit Court Judge Jeffrey Streitfeld.
So far, the tobacco industry has lost 8 out of 10 individual cases that have gone to trial. As many as 50 more trials against the tobacco industry are scheduled to begin in 2010.
If you’ve been injured because of corporate fraud, contact an experienced Georgia personal injury attorney as soon as possible. Call MLN Law at 404-531-9700 to schedule a free consultation.
The award included $244 million in punitive damages and $56.6 million in past and future medical expenses. The award from the Broward Circuit Court jury is the largest of the so-called Engle progeny tobacco cases that have been tried so far. According to data compiled by Bloomberg, the award is the seventh-largest jury verdict in the U.S. this year.
Naugle’s lawsuit is just one of the approximately 8,000 filed after the 2006 Florida Supreme Court decision that threw out a large class action against tobacco companies. The original Engle v. RJ Reynolds verdict, stemming from a 1994 class action lawsuit, was $145 billion – the largest verdict in U.S. history at trial. The 2006 ruling that overturned the verdict on appeal allowed some of the 700,000 plaintiffs known as the “Engle progeny” to file lawsuits on an individual basis. Howard Engle received an undisclosed settlement reported to be in the hundreds of thousands of dollars.
Philip Morris is expected to appeal the verdict in the case of Naugle v. Philip Morris USA. Philip Morris spokesman Murray Garnick said there were “numerous erroneous rulings by the trial judge.”
“We believe that the punitive damages award is grossly excessive and a clear violation of constitutional and state law,” added Garnick. “From the beginning, this case was marked by a fundamentally unfair and unconstitutional trial plan that allowed the jury to rely on findings by a prior jury.”
Naugle is a garage officer manager and bookkeeper from Fort Lauderdale, Florida. She started smoking in 1968 when she was 20 years old. She said that she thought smoking would make her look older and more sophisticated. She smoked Benson and Hedges cigarettes, which are marketed as sophisticated and feminine. Naugle smoked until she was 45, when she quit in 1993 with the aid of nicotine patches. Incidentally, she is the sister of Fort Lauderdale’s former mayor, Jim Naugle. Attorney Bob Kelley said that Naugle “spends every minute of every day as if she were drowning.” Tubes protrude from her nose and connect to a portable oxygen concentrator so that she can breathe.
Philip Morris has been ordered to pay the entire punitive portion of the verdict ($244 million), plus 90 percent of compensatory damages. The jury decided that Naugle was 10 percent responsible for her injuries.
Naugle’s attorneys, Bob Kelley, Todd Falzone and Todd McPharlin of the Kelley Uustal law firm in Fort Lauderdale, successfully argued that Philip Morris was guilty of fraud since the company had knowingly concealed the fact that cigarettes were addictive and harmful to health.
“She cried,” McPharlin said of Naugle’s reaction to the verdict. “She was just overcome.”
The jury reached the verdict in less than three hours of deliberation. The trial lasted 16 days before Broward County Circuit Court Judge Jeffrey Streitfeld.
So far, the tobacco industry has lost 8 out of 10 individual cases that have gone to trial. As many as 50 more trials against the tobacco industry are scheduled to begin in 2010.
If you’ve been injured because of corporate fraud, contact an experienced Georgia personal injury attorney as soon as possible. Call MLN Law at 404-531-9700 to schedule a free consultation.
Labels: personal injury lawsuits
Earlier this week the Consumer Product Safety Commission (CPSC) announced the recall of approximately 2.1 million drop-side cribs sold under the Stork Craft and Fisher-Price brand names. They were recalled after reports of the drop side separating from the crib. This poses a risk of entrapment and suffocation for infants.
This is the largest crib recall in the history of the U.S. It includes 2 million Stork Craft drop side cribs and 147,000 Fisher-Price drop side cribs manufactured by Stork Craft Manufacturing.
The recalled cribs were sold between January 1993 and October 2009. Sale prices were between $100 and $400. They were sold by some major U.S. retailers including Wal-Mart, Sears, Kmart, JC Penney, USA Baby, BJ’s Wholsesale Club, Meijer, Amazon.com, Babiesrus.com, Costco.com, Walmart.com, and Target.com.
The CPSC and Health Canada have received 100 reports where the drop side of the crib detached (67 in the U.S. and 43 in Canada). Children fell from the cribs in 20 of these cases. In 15 of the reported cases, infants were entrapped. If the drop side detaches, it can trap the infant between the crib and the mattress. There have been four reports of infants suffocating in the defective cribs. All of the infants who suffocated were 9 months or younger.
Parents who have a Stork Craft crib should immediately stop using the crib and contact Stork Craft for a free repair kit. The repair kit will transform the crib from a drop-side crib to a fixed side crib. This will eliminate the risk of detachment.
All Stork Craft drop side cribs that use a plastic trigger and one-hand drop side are included in the recall. Some have “storkcraft baby” or “storkling” on them. The Fisher-Price cribs display the Fisher-Price logo.
In recent years, several different brands of drop-side cribs have been recalled, but this is by far the largest crib recall. It is also the second recall of Stork Craft cribs this year. In January, a million Stork Craft cribs were recalled because of defective metal support brackets.
When you think about it, a drop-side crib design is not a very good idea. The design is inherently unstable. In addition, many families reuse cribs with different infants. The more a drop-side crib is reused, the greater the chance that it will break down. These cribs are generally made with inexpensive parts that are not very durable. Several manufacturers and retailers are moving away from the drop-side crib design. Toys R Us has announced that it is phasing out the design. A safe alternative is the “drop gate” crib, which also provides easy access. Drop gate cribs have gates that fold down rather than sides that slide down. The hinged gates firmly attach to the upper rail of the crib.
If your child has been injured by a defective product, call an experienced Georgia personal injury lawyer immediately. Time is of the essence. If you do not act quickly, you may lose your right to file suit. Call MLN Law at 404-531-9700 to schedule a free consultation.
This is the largest crib recall in the history of the U.S. It includes 2 million Stork Craft drop side cribs and 147,000 Fisher-Price drop side cribs manufactured by Stork Craft Manufacturing.
The recalled cribs were sold between January 1993 and October 2009. Sale prices were between $100 and $400. They were sold by some major U.S. retailers including Wal-Mart, Sears, Kmart, JC Penney, USA Baby, BJ’s Wholsesale Club, Meijer, Amazon.com, Babiesrus.com, Costco.com, Walmart.com, and Target.com.
The CPSC and Health Canada have received 100 reports where the drop side of the crib detached (67 in the U.S. and 43 in Canada). Children fell from the cribs in 20 of these cases. In 15 of the reported cases, infants were entrapped. If the drop side detaches, it can trap the infant between the crib and the mattress. There have been four reports of infants suffocating in the defective cribs. All of the infants who suffocated were 9 months or younger.
Parents who have a Stork Craft crib should immediately stop using the crib and contact Stork Craft for a free repair kit. The repair kit will transform the crib from a drop-side crib to a fixed side crib. This will eliminate the risk of detachment.
All Stork Craft drop side cribs that use a plastic trigger and one-hand drop side are included in the recall. Some have “storkcraft baby” or “storkling” on them. The Fisher-Price cribs display the Fisher-Price logo.
In recent years, several different brands of drop-side cribs have been recalled, but this is by far the largest crib recall. It is also the second recall of Stork Craft cribs this year. In January, a million Stork Craft cribs were recalled because of defective metal support brackets.
When you think about it, a drop-side crib design is not a very good idea. The design is inherently unstable. In addition, many families reuse cribs with different infants. The more a drop-side crib is reused, the greater the chance that it will break down. These cribs are generally made with inexpensive parts that are not very durable. Several manufacturers and retailers are moving away from the drop-side crib design. Toys R Us has announced that it is phasing out the design. A safe alternative is the “drop gate” crib, which also provides easy access. Drop gate cribs have gates that fold down rather than sides that slide down. The hinged gates firmly attach to the upper rail of the crib.
If your child has been injured by a defective product, call an experienced Georgia personal injury lawyer immediately. Time is of the essence. If you do not act quickly, you may lose your right to file suit. Call MLN Law at 404-531-9700 to schedule a free consultation.
Labels: product liability, product recall
The Food and Drug Administration is tasked with protecting the safety of the American people by ensuring the quality and efficiency of drugs, biological and medical devices, cosmetics, and perhaps most importantly, our food supply. It does this through offices throughout the country where they perform inspections and respond to complaints.
However, the FDA lacks the resources to regularly inspect food plants. Typically, the organization will send inspectors to plants only every five or ten years. Between FDA inspections, state health inspectors do their best to pick up the responsibility of protecting consumers.
The Peanut Corp. of America (PCA), received acceptable marks on the 2006, 2007 and 2008 inspections of their Blakely, Georgia plant.
Yet in December of 2008, Shirley Almer, a seventy-two year old cancer survivor from Minnesota died of salmonella poisoning. The grandmother who had survived lung cancer and a brain tumor was killed by contaminated peanut butter.
Two months later, an Oregon three year old named Jacob Hurley began suffering from vomiting and bloody diarrhea. His pediatrician encouraged his parents to try to get him to eat again. The child’s parents tried to tempt him with his favorite food: Austin Toasty Crackers with Peanut Butter. Jacob did not recover, because without realizing it, his parents were feeding him more of the source of his problems. After being notified, the Oregon Office of Disease Prevention and Epidemiology tested the Austin Toasty Crackers with Peanut Butter, and found three out of six of the packets tainted with salmonella.
Jacob Hurley took eleven days to recover.
These two examples are among over 700 cases of salmonella, at least 9 of which proved fatal, which were traced back to contaminated peanuts from PCA’s Georgia plant. When investigators finally found the plant, they discovered unsanitary conditions, including cockroaches, leaky roofs, mold and machinery held together by duct tape. This plant, prior to its shut down, had processed 35 million pounds of peanuts a year.
The situation goes from tragic to horrifying, however. As investigations continued, the FDA found that PCA executives knew of the contamination. The PCA’s own internal testing had found the presence of salmonella on twelve separate occasions. Despite knowing this, PCA’s decision was to distribute the peanuts and approach another lab to conduct their internal health audits. This new lab gave plants a month’s advance warning of inspections, and awarded “superior” or excellent ratings to 98 percent of its clients.
Investigators later identified yet another problem plant, this one in Plainview, Texas. Conditions at the Texas plant included rodents and rodent excrement, as well as bird feathers found in a crawl space from which the ventilation system pulled air. Samples from this plant also tested positive for salmonella, and the PCA was forced to shut down this plant as well.
It may seem impossible and frightening that for two years, from 2006 to 2008, a company was able to distribute dangerously contaminated food – peanuts which ended up in numerous diverse products. Oscar Garrison, Georgia’s assistant agricultural commissioner, defended the state’s work, saying that it’s difficult for health inspectors to find problems when a company is determined to break the law.
However, the FDA lacks the resources to regularly inspect food plants. Typically, the organization will send inspectors to plants only every five or ten years. Between FDA inspections, state health inspectors do their best to pick up the responsibility of protecting consumers.
The Peanut Corp. of America (PCA), received acceptable marks on the 2006, 2007 and 2008 inspections of their Blakely, Georgia plant.
Yet in December of 2008, Shirley Almer, a seventy-two year old cancer survivor from Minnesota died of salmonella poisoning. The grandmother who had survived lung cancer and a brain tumor was killed by contaminated peanut butter.
Two months later, an Oregon three year old named Jacob Hurley began suffering from vomiting and bloody diarrhea. His pediatrician encouraged his parents to try to get him to eat again. The child’s parents tried to tempt him with his favorite food: Austin Toasty Crackers with Peanut Butter. Jacob did not recover, because without realizing it, his parents were feeding him more of the source of his problems. After being notified, the Oregon Office of Disease Prevention and Epidemiology tested the Austin Toasty Crackers with Peanut Butter, and found three out of six of the packets tainted with salmonella.
Jacob Hurley took eleven days to recover.
These two examples are among over 700 cases of salmonella, at least 9 of which proved fatal, which were traced back to contaminated peanuts from PCA’s Georgia plant. When investigators finally found the plant, they discovered unsanitary conditions, including cockroaches, leaky roofs, mold and machinery held together by duct tape. This plant, prior to its shut down, had processed 35 million pounds of peanuts a year.
The situation goes from tragic to horrifying, however. As investigations continued, the FDA found that PCA executives knew of the contamination. The PCA’s own internal testing had found the presence of salmonella on twelve separate occasions. Despite knowing this, PCA’s decision was to distribute the peanuts and approach another lab to conduct their internal health audits. This new lab gave plants a month’s advance warning of inspections, and awarded “superior” or excellent ratings to 98 percent of its clients.
Investigators later identified yet another problem plant, this one in Plainview, Texas. Conditions at the Texas plant included rodents and rodent excrement, as well as bird feathers found in a crawl space from which the ventilation system pulled air. Samples from this plant also tested positive for salmonella, and the PCA was forced to shut down this plant as well.
It may seem impossible and frightening that for two years, from 2006 to 2008, a company was able to distribute dangerously contaminated food – peanuts which ended up in numerous diverse products. Oscar Garrison, Georgia’s assistant agricultural commissioner, defended the state’s work, saying that it’s difficult for health inspectors to find problems when a company is determined to break the law.
Labels: consumer products, product liability, product recall
Ask people on the street to name America’s most famous legal case, and you’ll likely hear Roe v. Wade or Brown v. Board of Education. But ask people to name the most famous personal injury case in American history, and you’ll definitely hear about the lady who spilled McDonald's hot coffee on herself and collected millions of dollars. The “hot coffee” case against McDonald’s became the prime example for frivolous lawsuits. Comedians from Seinfeld to Letterman made fun of the case. And the so-called “Stella Awards” for most outrageous lawsuits were named for the plaintiff in the hot coffee case, Stella Liebeck.
However, even though many people have heard of the case, they are not familiar with the details. Why is it that the jury awarded $2.9 million to Liebeck? Did McDonald’s have poor defense attorneys? And why did this case become so famous?
A new feature documentary, simply titled “Hot Coffee,” will explore these questions and more. The filmmakers say that the documentary will tell the story of what really happened to Stella. The filmmakers interviewed Stella’s grandson (who was the driver at the time of the incident), her doctor, the lawyers involved in the case, the quality assurance manager from McDonald’s, and the jurors.
“We will show how this case became so popular in the media (along with other examples of ‘frivolous’ lawsuits), who funded the effort and to what end,” said the filmmakers. “We will interview political scientists, law school professors and consumer advocates who have spent years analyzing media coverage of the tort system and who controlled the message. We will show how the media was used and continues to be used for a political agenda to prevent access to the court system and immunize corporations from civil liability. We will educate the audience about caps on the amount of money that victims can receive in court in most states, how the federal government has enacted laws to prevent people from their day in court, and how the small print on credit card and real estate contracts, for example, prevent people from being able to get into the court system, denying access to justice. We will explore judicial races in states where tort reform measures have passed and then were later found unconstitutional by the State’s Supreme Courts. In many of these states there were major public relations campaigns established by tort reform groups to unseat pro-consumer justices and replace them with pro-business justices. We will interview representatives from the American Tort Reform Association, the U.S. Chamber of Commerce (who even recently started a new website called ‘Faces of Lawsuit Abuse’) and even Phillip Morris, to find out what their involvement was in keeping this story alive and the motivations behind it. We will let the audience decide who really profited from spilling hot coffee.”
I look forward to watching this documentary. Screenings are expected to begin in 2010. The film is directed by attorney Susan Salandoff, who has spent the last 25 years practicing law and representing those injured by individual and corporate negligence.
If you’ve been injured by individual or corporate negligence, contact an experienced Georgia personal injury attorney immediately. Time is of the essence. Call MLN Law at 404-531-9700 to schedule your consultation.
Labels: personal injury lawsuits
The birth control drugs Yaz and Yasmin manufactured by Bayer – as well as Ocella, a generic version of Yasim manufactured by Barr Laboratories – contain the ingredient drospirenone, which has been associated with an increased risk of several medical problems.
A medical study published in the August 2009 issue of the British Medical Journal concluded that oral contraceptives containing drospirenone are associated with a significantly high risk of venous thrombosis (blood clots).
In February 2003, the same medical journal published reports of blood clots associated with Yasmin. A sample of the reports follows:
A 17 year old woman suddenly collapsed and died after taking the contraceptive for six months. Autopsy showed that she had had a massive pulmonary embolism. No obvious risk factors for thromboembolism, such as smoking, a period of long immobilisation, air flights, or concomitant medication, were evident.
A 28 year old woman changed her oral contraceptive from ethinylestradiol with desogestrel (Marvelon) to ethinylestradiol with drospirenone. Four months later she had thrombosis in one leg and was treated with acenocoumarol. Risk factors or concomitant drugs were unknown.
Another patient, a 45 year old woman, had deep vein thrombosis in one leg after taking ethinylestradiol with drospirenone for two months, as did a 50 year old woman who took the contraceptive for three months. A 35 year old woman had pulmonary thrombosis 17 days after she started taking the contraceptive. She had given birth four months earlier.
Drospirenone has also been associated with increased risk of heart attack, stroke, gall bladder disease, and other side effects that could result in serious injury or premature death. In the past, the U.S. FDA has issued warnings to Bayer regarding advertisements which minimized the potential safety risks of these drugs.
Yaz, which was approved by the FDA in 2006, can increase levels of potassium in the body and put women at risk for liver problems, kidney problems, or serious cardiovascular problems. Nevertheless, Bayer has aggressively marketed the oral contraceptive since its approval. Even after receiving a warning from the FDA about its advertisements, Bayer initiated a new massive ad campaign that included a correction of information disseminated in previous Yaz commercials.
Earlier this month the BMC Medical Research Methodology journal reported on the status of the International Active Surveillance Study of Women Taking Oral Contraceptives (INAS-OC) study. This massive study, which began in 2005, will evaluate the risk of cardiovascular side effects for women who take birth control that contains drospirenone. The study involves more than 2,000 gynecologists and more than 80,000 users of oral contraceptives. Keep an eye out for the results of this study (which, by the way, is reportedly funded by Bayer).
If you or a loved has experienced any serious medical problems while taking Yaz, Yasmin, or Ocella, including blood clot, stroke, heart attack, or gall bladder disease – or if a loved one died while taking one of these oral contraceptives – contact an experienced Georgia personal injury attorney as soon as possible. You may be entitled to recovery. Call MLN Law at 404-531-9700 to schedule a free consultation.
A medical study published in the August 2009 issue of the British Medical Journal concluded that oral contraceptives containing drospirenone are associated with a significantly high risk of venous thrombosis (blood clots).
In February 2003, the same medical journal published reports of blood clots associated with Yasmin. A sample of the reports follows:
A 17 year old woman suddenly collapsed and died after taking the contraceptive for six months. Autopsy showed that she had had a massive pulmonary embolism. No obvious risk factors for thromboembolism, such as smoking, a period of long immobilisation, air flights, or concomitant medication, were evident.
A 28 year old woman changed her oral contraceptive from ethinylestradiol with desogestrel (Marvelon) to ethinylestradiol with drospirenone. Four months later she had thrombosis in one leg and was treated with acenocoumarol. Risk factors or concomitant drugs were unknown.
Another patient, a 45 year old woman, had deep vein thrombosis in one leg after taking ethinylestradiol with drospirenone for two months, as did a 50 year old woman who took the contraceptive for three months. A 35 year old woman had pulmonary thrombosis 17 days after she started taking the contraceptive. She had given birth four months earlier.
Drospirenone has also been associated with increased risk of heart attack, stroke, gall bladder disease, and other side effects that could result in serious injury or premature death. In the past, the U.S. FDA has issued warnings to Bayer regarding advertisements which minimized the potential safety risks of these drugs.
Yaz, which was approved by the FDA in 2006, can increase levels of potassium in the body and put women at risk for liver problems, kidney problems, or serious cardiovascular problems. Nevertheless, Bayer has aggressively marketed the oral contraceptive since its approval. Even after receiving a warning from the FDA about its advertisements, Bayer initiated a new massive ad campaign that included a correction of information disseminated in previous Yaz commercials.
Earlier this month the BMC Medical Research Methodology journal reported on the status of the International Active Surveillance Study of Women Taking Oral Contraceptives (INAS-OC) study. This massive study, which began in 2005, will evaluate the risk of cardiovascular side effects for women who take birth control that contains drospirenone. The study involves more than 2,000 gynecologists and more than 80,000 users of oral contraceptives. Keep an eye out for the results of this study (which, by the way, is reportedly funded by Bayer).
If you or a loved has experienced any serious medical problems while taking Yaz, Yasmin, or Ocella, including blood clot, stroke, heart attack, or gall bladder disease – or if a loved one died while taking one of these oral contraceptives – contact an experienced Georgia personal injury attorney as soon as possible. You may be entitled to recovery. Call MLN Law at 404-531-9700 to schedule a free consultation.
In light of the recent death of bicyclist Andres Martinez, it is easy to place the blame for motorist v. cyclist collisions on cyclists who fail to observe proper road etiquette and protect their own safety. While cyclists do bear the responsibility for watching out for themselves – as we all have the responsibility to drive defensively on the road – this ignores the obligation of motorists to recognize and respect those with whom they share the road.
More than 500,000 cyclists a year are injured seriously enough to seek emergency treatment, and around 700 die of bicycle related injuries. Nearly 60 percent of those injuries harm children under the age of fifteen.
Reading these statistics, and faced with the clear fact that death and injury could be avoided, how can we not all do our part to make the roadways a safer, friendlier place for cyclists?
There are several things we can easily do as motorists make our communities more bicycle friendly.
First and foremost, drivers must always be alert and aware of their surroundings. This is true at all times, for the safety of cyclists, pedestrians, other drivers and ourselves, but cyclists can give us extra things to watch out for. Remember to check the bike lane, particularly when turning. Cyclists are often hit by cars making both left and right hand turns, because they failed to check the bike lane when scanning for traffic.
Also, be aware of a cyclist’s speed. Some riders, on newer, high tech bicycles, can reach surprisingly high speeds. Others will not be so fast. A driver should never take a cyclist’s speed for granted.
Be aware of bicycles not only while driving, but also while opening car doors. Cyclists may not have time to stop if you open a door suddenly in front of them.
Extra caution and attention should be paid in residential areas or around schools where there are more likely to be children. Young children may have poor balance, and wobble more or take more erratic courses than adults. They are less likely to signal when turning or stopping. Always give children extra space while riding.
And make sure to give all cyclists ample space when passing. Passing too closely or too quickly is dangerous, and can be intimidating to cyclists. The wind from your passage can also even topple cyclists. Make sure you are well clear of cyclists before moving back into your own lane when passing.
Be polite – don’t honk as cyclists unless it’s an emergency. The horn is louder outside the car than it is inside, and the sudden, loud noise can be startling.
Remember that cyclists would generally prefer not to be in your way. If a cyclist is not to the extreme right hand side of the road, it is probably because he or she is trying to avoid hazards there which you may not be able to see.
If you or someone you love has been injured by a careless driver while riding a bicycle, it is important to talk to an experienced lawyer as soon as possible. Call (404) 531-9700 to schedule your free consultation at MLN Law.
More than 500,000 cyclists a year are injured seriously enough to seek emergency treatment, and around 700 die of bicycle related injuries. Nearly 60 percent of those injuries harm children under the age of fifteen.
Reading these statistics, and faced with the clear fact that death and injury could be avoided, how can we not all do our part to make the roadways a safer, friendlier place for cyclists?
There are several things we can easily do as motorists make our communities more bicycle friendly.
First and foremost, drivers must always be alert and aware of their surroundings. This is true at all times, for the safety of cyclists, pedestrians, other drivers and ourselves, but cyclists can give us extra things to watch out for. Remember to check the bike lane, particularly when turning. Cyclists are often hit by cars making both left and right hand turns, because they failed to check the bike lane when scanning for traffic.
Also, be aware of a cyclist’s speed. Some riders, on newer, high tech bicycles, can reach surprisingly high speeds. Others will not be so fast. A driver should never take a cyclist’s speed for granted.
Be aware of bicycles not only while driving, but also while opening car doors. Cyclists may not have time to stop if you open a door suddenly in front of them.
Extra caution and attention should be paid in residential areas or around schools where there are more likely to be children. Young children may have poor balance, and wobble more or take more erratic courses than adults. They are less likely to signal when turning or stopping. Always give children extra space while riding.
And make sure to give all cyclists ample space when passing. Passing too closely or too quickly is dangerous, and can be intimidating to cyclists. The wind from your passage can also even topple cyclists. Make sure you are well clear of cyclists before moving back into your own lane when passing.
Be polite – don’t honk as cyclists unless it’s an emergency. The horn is louder outside the car than it is inside, and the sudden, loud noise can be startling.
Remember that cyclists would generally prefer not to be in your way. If a cyclist is not to the extreme right hand side of the road, it is probably because he or she is trying to avoid hazards there which you may not be able to see.
If you or someone you love has been injured by a careless driver while riding a bicycle, it is important to talk to an experienced lawyer as soon as possible. Call (404) 531-9700 to schedule your free consultation at MLN Law.
Labels: bicycle
On Monday, a Cook County, Illinois jury awarded $22.3 million to the parents of a 10-year-old boy in a medical malpractice case.
Jake Tinman was born on May 15, 1999 at Advocate Christ Medical Center / Hope Children’s Hospital in Oak Lawn, Illinois. He was born with a congenital heart defect that required a shunt procedure. Baby Jake was sent home with his parents Pamela and Michael Tinman. Two weeks later, the couple returned to the emergency room. During this visit to the hospital, delays and negligent care allegedly resulted in Jake Tinman losing his left leg.
The jury sided with the parents after a three-week trial. They jury agreed that the hospital failed to make a timely diagnosis of a problem with Jake’s shunt, improperly subjected him to an unnecessary catheterization, improperly applied a pressure dressing to Jake’s left leg and failed to remove it in time, improperly destroyed an echocardiogram, and failed to monitor Jake’s pulse. Jake’s left leg had to be amputated because of the improper dressing, and delayed treatment and the cardiac catheterization allegedly led to Jake’s cognitive deficiencies and developmental delays.
Mike Maggio, a spokesman for the hospital, said, “Our thoughts and prayers continue to be with the Tinman family and their ongoing navigation of a difficult health journey. While we are not able to comment on specific issues of the case due to ongoing litigation, we continue our commitment to saving lives and providing excellent compassionate care.”
The medical malpractice lawsuit was filed by Jake’s parents in 2002. The judge presiding over the case was Ho. Clare Elizabeth McWilliams. Attorneys Antonio M. Romanucci and Stephan D. Blandin of Romanucci & Blandin, LLC represented the plaintiffs. Edward H. Nielsen of Pretzel & Stouffer represented defendant Tarek Husayni, M.D., a cardiologist. Rudy Schade of CassidaySchade, LLC represented the remaining defendants.
Medical negligence can result in unnecessary amputations, other serious injuries, and even death. Developmental delays and cognitive deficiencies last a lifetime. Even slight errors can result in serious, permanent injuries. That’s why medical professionals go through such extensive training. When children are injured by medical malpractice, the injuries deprive them of a normal childhood. Injured children may also need special medical care for their entire lives. Parents may have grounds for a medical malpractice lawsuit if a medical professional fails to diagnose birth defects or other problems, gives the baby the wrong medication, improperly delivers the baby, delays treatment, or makes surgical errors.
Medical malpractice applies to not only medical doctors but also other health care providers like therapists, nurses, psychologists, dentists, and chiropractors. These professionals may also be sued for malpractice.
If you or a loved one have been injured by medical negligence, contact a Georgia medical malpractice lawyer as soon as possible. Time is of the essence. In Georgia, there is a two-year statute of limitations for medical malpractice. Any legal action must be taken within two years of the date of injury. The sooner you contact an attorney, the better your case will be. If you need advice about your legal rights, call MLN Law at 404-531-9700 to schedule a free consultation.
Jake Tinman was born on May 15, 1999 at Advocate Christ Medical Center / Hope Children’s Hospital in Oak Lawn, Illinois. He was born with a congenital heart defect that required a shunt procedure. Baby Jake was sent home with his parents Pamela and Michael Tinman. Two weeks later, the couple returned to the emergency room. During this visit to the hospital, delays and negligent care allegedly resulted in Jake Tinman losing his left leg.
The jury sided with the parents after a three-week trial. They jury agreed that the hospital failed to make a timely diagnosis of a problem with Jake’s shunt, improperly subjected him to an unnecessary catheterization, improperly applied a pressure dressing to Jake’s left leg and failed to remove it in time, improperly destroyed an echocardiogram, and failed to monitor Jake’s pulse. Jake’s left leg had to be amputated because of the improper dressing, and delayed treatment and the cardiac catheterization allegedly led to Jake’s cognitive deficiencies and developmental delays.
Mike Maggio, a spokesman for the hospital, said, “Our thoughts and prayers continue to be with the Tinman family and their ongoing navigation of a difficult health journey. While we are not able to comment on specific issues of the case due to ongoing litigation, we continue our commitment to saving lives and providing excellent compassionate care.”
The medical malpractice lawsuit was filed by Jake’s parents in 2002. The judge presiding over the case was Ho. Clare Elizabeth McWilliams. Attorneys Antonio M. Romanucci and Stephan D. Blandin of Romanucci & Blandin, LLC represented the plaintiffs. Edward H. Nielsen of Pretzel & Stouffer represented defendant Tarek Husayni, M.D., a cardiologist. Rudy Schade of CassidaySchade, LLC represented the remaining defendants.
Medical negligence can result in unnecessary amputations, other serious injuries, and even death. Developmental delays and cognitive deficiencies last a lifetime. Even slight errors can result in serious, permanent injuries. That’s why medical professionals go through such extensive training. When children are injured by medical malpractice, the injuries deprive them of a normal childhood. Injured children may also need special medical care for their entire lives. Parents may have grounds for a medical malpractice lawsuit if a medical professional fails to diagnose birth defects or other problems, gives the baby the wrong medication, improperly delivers the baby, delays treatment, or makes surgical errors.
Medical malpractice applies to not only medical doctors but also other health care providers like therapists, nurses, psychologists, dentists, and chiropractors. These professionals may also be sued for malpractice.
If you or a loved one have been injured by medical negligence, contact a Georgia medical malpractice lawyer as soon as possible. Time is of the essence. In Georgia, there is a two-year statute of limitations for medical malpractice. Any legal action must be taken within two years of the date of injury. The sooner you contact an attorney, the better your case will be. If you need advice about your legal rights, call MLN Law at 404-531-9700 to schedule a free consultation.
Labels: medical malpractice
ABC News reports that Toyota has decided to replace the accelerator pedals on millions of vehicles. But one safety expert says that the pedal replacement will not solve the problem of runaway Toyotas – cars that suddenly accelerate out of control and cannot be stopped by the brake.
Toyota has said that the problem is caused by the accelerator pedal getting caught on the floor mat, and the auto manufacturing company announced that it will change the design of the accelerator pedal along with the design of the floor below the pedal. Toyota stated that these changes “address the root cause of the potential risk for floor mat entrapment of accelerator pedals.”
But safety expert Sean Kane isn’t buying the story from Toyota. He said that the recall fails to address hundreds of cases in which the floor mats cannot be blamed.
“What concerns me is that this recall doesn’t get to the root cause of the non-floor mat sudden acceleration cases,” said Kane, head of Safety Research and Strategies. Kane’s firm has discovered over 2,000 cases of sudden acceleration in Toyotas, including 16 deaths and 243 injuries.
ABC News reports that many Toyota owners are in rebellion, refusing to accept Toyota’s explanation for the acceleration accidents.
“I’m absolutely certain that in my situation, it was not the floor mats,” said Elizabeth James, whose Toyota Prius suddenly accelerated to 90 miles per hour. James says that her foot was not even on the gas pedal when the car accelerated.
James and many other Toyota owners believe that the acceleration accidents are due to a glitch in the electronic system that controls the throttle. Kane said that complaints of sudden acceleration increased in 2002, which was the year when Toyota switched to a fully electronic throttle control system with no mechanical fall-back component.
“You can’t discount the electronics given all of the things that are going on, given all of the reports, given all of the evidence,” Kane said.
The National Highway Traffic Safety Administration (NHTSA) has investigated the runaway Toyota problem and have found no electronic defects.
Boy Daly of Toyota said, “Some news reports suggest there may be other causes of unintended acceleration, speculating about electronic control systems, braking performance or electro-magnetic interference among other theories. There is no evidence to support these theories.”
Toyota announced that it will install a new brake override system in some of the vehicles as part of the massive recall. This new “brake to idle” feature will allow the driver to override the car’s acceleration by pressing the brake pedal. Kane said that this new feature will save lives.
“That type of fix will bring control to the driver very quickly, and will likely prevent crashes,” Kane said.
Hopefully the recall will resolve this dangerous problem for all – and not just some – of the affected vehicles. The latest recall covers nearly 4 million vehicles, including the 2007 to 2010 Toyota Camry, 2005 to 2010 Toyota Avalon, 2004 to 2009 Toyota Prius, 2005 to 2010 Toyota Tacoma, 2007 to 2010 Toyota Tundra, 2007 to 2010 Lexus ES350 and 2006 to 2010 Lexus IS250/350.
If you’re injured in an auto accident which you believe to be caused by a defect, contact a Georgia auto accident attorney as soon as possible. Call MLN Law at 404-531-9700 to schedule a free consultation.
Toyota has said that the problem is caused by the accelerator pedal getting caught on the floor mat, and the auto manufacturing company announced that it will change the design of the accelerator pedal along with the design of the floor below the pedal. Toyota stated that these changes “address the root cause of the potential risk for floor mat entrapment of accelerator pedals.”
But safety expert Sean Kane isn’t buying the story from Toyota. He said that the recall fails to address hundreds of cases in which the floor mats cannot be blamed.
“What concerns me is that this recall doesn’t get to the root cause of the non-floor mat sudden acceleration cases,” said Kane, head of Safety Research and Strategies. Kane’s firm has discovered over 2,000 cases of sudden acceleration in Toyotas, including 16 deaths and 243 injuries.
ABC News reports that many Toyota owners are in rebellion, refusing to accept Toyota’s explanation for the acceleration accidents.
“I’m absolutely certain that in my situation, it was not the floor mats,” said Elizabeth James, whose Toyota Prius suddenly accelerated to 90 miles per hour. James says that her foot was not even on the gas pedal when the car accelerated.
James and many other Toyota owners believe that the acceleration accidents are due to a glitch in the electronic system that controls the throttle. Kane said that complaints of sudden acceleration increased in 2002, which was the year when Toyota switched to a fully electronic throttle control system with no mechanical fall-back component.
“You can’t discount the electronics given all of the things that are going on, given all of the reports, given all of the evidence,” Kane said.
The National Highway Traffic Safety Administration (NHTSA) has investigated the runaway Toyota problem and have found no electronic defects.
Boy Daly of Toyota said, “Some news reports suggest there may be other causes of unintended acceleration, speculating about electronic control systems, braking performance or electro-magnetic interference among other theories. There is no evidence to support these theories.”
Toyota announced that it will install a new brake override system in some of the vehicles as part of the massive recall. This new “brake to idle” feature will allow the driver to override the car’s acceleration by pressing the brake pedal. Kane said that this new feature will save lives.
“That type of fix will bring control to the driver very quickly, and will likely prevent crashes,” Kane said.
Hopefully the recall will resolve this dangerous problem for all – and not just some – of the affected vehicles. The latest recall covers nearly 4 million vehicles, including the 2007 to 2010 Toyota Camry, 2005 to 2010 Toyota Avalon, 2004 to 2009 Toyota Prius, 2005 to 2010 Toyota Tacoma, 2007 to 2010 Toyota Tundra, 2007 to 2010 Lexus ES350 and 2006 to 2010 Lexus IS250/350.
If you’re injured in an auto accident which you believe to be caused by a defect, contact a Georgia auto accident attorney as soon as possible. Call MLN Law at 404-531-9700 to schedule a free consultation.
Labels: auto safety, product recall
Cherokee County authorities identified a man killed in an accident between a bicycle and a van November 10 as Andres Martinez.
Martinez, a twenty-seven year old from Woodstock, was riding north on the sidewalk adjacent to the southbound lanes when he collided with a van turning right out of a parking lot. He died of head trauma. He was not wearing a helmet.
According to police spokesman Paul Brown, the driver of the van is not expected to face charges.
Martinez is one of the 700 or so people who die every year as a result of bicycle related injuries, according to the CDC. Another 500,000 or more people are treated yearly in emergency departments. Children under fifteen years of age account for 59 percent of these injuries, showing the young to be particular vulnerable in this regard, though adult cyclists such as Martinez are clearly also at risk.
It is important for both cyclists and motorists to remember bicycle safety, and to share to road with mutual respect and awareness. For cyclists, the stakes are especially high.
Cyclists should always protect themselves. Riders should always wear a helmet, and wear it correctly. The brain is fragile, and even a minor fall could potentially leave you with a serious, even life-threatening injury.
Beyond that, it is important to do everything within your power to make sure you can maintain control of your bicycle. Make sure your bicycle is the right size, and properly adjusted to fit you – this will make your bicycle both more comfortable, and less likely to escape control.
Never ride your bicycle while under the influence of drugs or alcohol. Just as with driving a car, substances which impair your reaction time and decision making skills put you at greater risk of losing control and having an accident.
Be visible and alert.
Bright colors, lights and reflectors can do a great deal to improve your visibility to motorists, particularly in bad lighting. Yellow and lime green are good colors for riding, because they will not fade or lose their visibility in poor lighting. At night, or in fading light, red can appear black, and makes a poor choice for riding attire.
Even if you are obeying the traffic laws and do everything correctly, other drivers may not. As a cyclist, you are at greater risk of injury or death than the motorist. Be aware of them, and ready to stop or take evasive action if it becomes necessary.
Ride with traffic. This will make you more visible to drivers entering the road and changing lanes. While the driver of the van in this case ought to have been aware of Martinez, Martinez increased his chances of not being seen by being where he wasn’t expected to be.
Cyclists must obey STOP signs and traffic signals. Rushing through yellow lights may not give you time to clear the intersection before the light changes; respect them accordingly.
If you or someone you love has been injured by a careless driver while riding a bicycle, it is important to talk to an experienced lawyer as soon as possible. Call (404) 531-9700 to schedule your free consultation at MLN Law.
Martinez, a twenty-seven year old from Woodstock, was riding north on the sidewalk adjacent to the southbound lanes when he collided with a van turning right out of a parking lot. He died of head trauma. He was not wearing a helmet.
According to police spokesman Paul Brown, the driver of the van is not expected to face charges.
Martinez is one of the 700 or so people who die every year as a result of bicycle related injuries, according to the CDC. Another 500,000 or more people are treated yearly in emergency departments. Children under fifteen years of age account for 59 percent of these injuries, showing the young to be particular vulnerable in this regard, though adult cyclists such as Martinez are clearly also at risk.
It is important for both cyclists and motorists to remember bicycle safety, and to share to road with mutual respect and awareness. For cyclists, the stakes are especially high.
Cyclists should always protect themselves. Riders should always wear a helmet, and wear it correctly. The brain is fragile, and even a minor fall could potentially leave you with a serious, even life-threatening injury.
Beyond that, it is important to do everything within your power to make sure you can maintain control of your bicycle. Make sure your bicycle is the right size, and properly adjusted to fit you – this will make your bicycle both more comfortable, and less likely to escape control.
Never ride your bicycle while under the influence of drugs or alcohol. Just as with driving a car, substances which impair your reaction time and decision making skills put you at greater risk of losing control and having an accident.
Be visible and alert.
Bright colors, lights and reflectors can do a great deal to improve your visibility to motorists, particularly in bad lighting. Yellow and lime green are good colors for riding, because they will not fade or lose their visibility in poor lighting. At night, or in fading light, red can appear black, and makes a poor choice for riding attire.
Even if you are obeying the traffic laws and do everything correctly, other drivers may not. As a cyclist, you are at greater risk of injury or death than the motorist. Be aware of them, and ready to stop or take evasive action if it becomes necessary.
Ride with traffic. This will make you more visible to drivers entering the road and changing lanes. While the driver of the van in this case ought to have been aware of Martinez, Martinez increased his chances of not being seen by being where he wasn’t expected to be.
Cyclists must obey STOP signs and traffic signals. Rushing through yellow lights may not give you time to clear the intersection before the light changes; respect them accordingly.
If you or someone you love has been injured by a careless driver while riding a bicycle, it is important to talk to an experienced lawyer as soon as possible. Call (404) 531-9700 to schedule your free consultation at MLN Law.
Labels: bicycle, bicycle helmets, traumatic brain injury
Purdue University researchers have uncovered a new approach for repairing nerve fibers damaged in spinal cord injuries, according to ScienceDaily. In this approach, “nano-spheres” would be injected into the blood soon after the accident.
The nano-spheres, or “copolymer micelles,” are drug-delivery spheres approximately 60 nanometers in diameter. That’s 100 times smaller than the diameter of a red blood cell - ultra-microscopic.
Other researchers have been studying these nano-spheres as ways to deliver medications for various diseases. Purdue University researchers were surprised to find that the nano-spheres themselves can repair damaged axons. Axons are the neuronal fibers that transmit electrical impulses in the spinal cord.
“That was a very surprising discovery,” said researcher Ji-Xin Cheng. “Micelles have been used for 30 years as drug-delivery vehicles in research, but no one has ever used them directly as a medicine.”
Previous research has shown the polyethylene glycol (PEG) is effective in treating animals with spinal cord injuries. The PEG acts as a “membrane sealing agent.” Studies show that PEG specifically targets damaged cells and seals the injured area to reduce further damage. This process also helps to restore function.
PEG is a component of the copolymer micelles. PEG makes up the outer shell of the micelles - but micelles work much more efficiently than PEG alone.
“With the micelles, you need only about 1/100,000th the concentration of regular polyethylene glycol,” said Cheng.
The current study showed that the micelles boosted the axon recovery to 60 percent, compared to 18 percent without micelle treatment, in a “double sucrose gap recording chamber” study designed to mimic what happens in a traumatic spinal cord injury. The chamber showed how well the micelles repaired damaged nerve cells by measuring the ability to transmit signals.
This study suggests that micelles might be used to repair axon membranes damaged in spinal cord injuries. In animal experiments, animals treated with micelles recovered the coordinated control of all four limbs.
The research paper appears in the November 8 issue of Nature Nanotechnology. The paper was authored by was written by Yunzhou Shi, postdoctoral researcher Sungwon Kim of the Department of Industrial and Physical Pharmacy, chemistry graduate student Terry B. Huff, Borgens, Park, Rihi Shi and Cheng. The work was funded by Purdue and the Indiana Spinal Cord and Brain Injury Research Fund.
Future research along these lines will examine the specific mechanisms by which micelles restore function to damaged nerve cells in spine injuries.
I have helped many Georgia spine injury clients recover fair compensation for their pain, suffering, and expenses. If you are a victim of a spinal cord injury, or if you lost a family member to a spine injury, you too may be entitled to recover compensation. In Georgia, if someone’s negligent actions caused the spinal cord injury, victims are entitled to sue for damages including medical costs, lost wages, pain and suffering, and property loss. Contact a Georgia spinal cord injury lawyer for more information about your legal rights. Call MLN Law at 404-531-9700 to schedule a free consultation.
The nano-spheres, or “copolymer micelles,” are drug-delivery spheres approximately 60 nanometers in diameter. That’s 100 times smaller than the diameter of a red blood cell - ultra-microscopic.
Other researchers have been studying these nano-spheres as ways to deliver medications for various diseases. Purdue University researchers were surprised to find that the nano-spheres themselves can repair damaged axons. Axons are the neuronal fibers that transmit electrical impulses in the spinal cord.
“That was a very surprising discovery,” said researcher Ji-Xin Cheng. “Micelles have been used for 30 years as drug-delivery vehicles in research, but no one has ever used them directly as a medicine.”
Previous research has shown the polyethylene glycol (PEG) is effective in treating animals with spinal cord injuries. The PEG acts as a “membrane sealing agent.” Studies show that PEG specifically targets damaged cells and seals the injured area to reduce further damage. This process also helps to restore function.
PEG is a component of the copolymer micelles. PEG makes up the outer shell of the micelles - but micelles work much more efficiently than PEG alone.
“With the micelles, you need only about 1/100,000th the concentration of regular polyethylene glycol,” said Cheng.
The current study showed that the micelles boosted the axon recovery to 60 percent, compared to 18 percent without micelle treatment, in a “double sucrose gap recording chamber” study designed to mimic what happens in a traumatic spinal cord injury. The chamber showed how well the micelles repaired damaged nerve cells by measuring the ability to transmit signals.
This study suggests that micelles might be used to repair axon membranes damaged in spinal cord injuries. In animal experiments, animals treated with micelles recovered the coordinated control of all four limbs.
The research paper appears in the November 8 issue of Nature Nanotechnology. The paper was authored by was written by Yunzhou Shi, postdoctoral researcher Sungwon Kim of the Department of Industrial and Physical Pharmacy, chemistry graduate student Terry B. Huff, Borgens, Park, Rihi Shi and Cheng. The work was funded by Purdue and the Indiana Spinal Cord and Brain Injury Research Fund.
Future research along these lines will examine the specific mechanisms by which micelles restore function to damaged nerve cells in spine injuries.
I have helped many Georgia spine injury clients recover fair compensation for their pain, suffering, and expenses. If you are a victim of a spinal cord injury, or if you lost a family member to a spine injury, you too may be entitled to recover compensation. In Georgia, if someone’s negligent actions caused the spinal cord injury, victims are entitled to sue for damages including medical costs, lost wages, pain and suffering, and property loss. Contact a Georgia spinal cord injury lawyer for more information about your legal rights. Call MLN Law at 404-531-9700 to schedule a free consultation.
Labels: spine injury
Last week Donell Lee Adams, 59, was charged with failure to obey a crossing guard and driving with a suspended license after he allegedly hit a student and a school crossing guard in front of Martin Luther King, Jr. Elementary School on West Lee’s Mill Road in College Park.
The name of the female crossing guard has not been released. The school crossing guard was escorting a 9-year-old boy across the street when the incident happened, according to Officer Otis Williams, III, spokesman for the Clayton County Police Department.
“As they proceeded to go across the road, a blue 1998 Dodge Caravan was traveling southbound on West Lee’s Mill Road. It did not stop and struck both pedestrians,” reported Willis.
The student was not taken to a hospital. Willis said, “The juvenile’s moth responded to the scene, and he was released to her.”
“Clayton County rescue responded, and the crossing guard was transported to Henry Medical Center,” Willis said. He said the crossing guard suffered minor injuries.
As for the driver, his driver’s license was suspended in 1995, according to Willis. The driver was taken to the hospital after he complained of feeling ill.
“Adults need to be aware of the school season and pedestrians, and be aware of their surroundings,” Willis stressed. “Slow down when you see a crossing guard, and render them the same respect that you would the law enforcement.”
Over the weekend, a pedestrian was struck by a car and killed on a seven-lane highway in Gwinnett County. The police identified the victim as Emilia Ortiz and have determined that the driver was not at fault. Police received a report that a woman was trying to cross a busy highway at Peachtree Parkway just north of Holcomb Bridge Road. Officers did not arrive in time. Ortiz was struck by a Mercedes Benz, and she was pronounced dead at the scene.
“It does not appear that alcohol or speed contributed to the collision,” said Officer Edwin Ritter. “There are no criminal charges pending against the driver.”
Witnesses speculated that Ortiz was trying to make it to a nearby bus stop. One witness said, “There are always people trying to cross the road right there.” Perhaps it’s time to consider a crosswalk near the bus stop.
Another pedestrian died over the weekend after stepping in front of a vehicle on Six Flags Drive in Austell on Friday night. Juan Guadalupe Colon, 26, died on Saturday morning. Police do not expect to file charges against the driver in this case, either.
Both of the recent pedestrian fatalities occurred in the early evening hours. Keep in mind that it’s getting dark much earlier now. If you plan to be walking in the Atlanta area after dark, be sure to wear some type of reflective clothing, and always use crosswalks. Atlanta was recently named one of the most dangerous cities for pedestrians.
If you’ve been injured in a pedestrian accident or auto accident due to negligence, contact an Atlanta auto accident attorney as soon as possible. Time is of the essence. Call MLN Law at 404-531-9700 to schedule a free consultation.
The name of the female crossing guard has not been released. The school crossing guard was escorting a 9-year-old boy across the street when the incident happened, according to Officer Otis Williams, III, spokesman for the Clayton County Police Department.
“As they proceeded to go across the road, a blue 1998 Dodge Caravan was traveling southbound on West Lee’s Mill Road. It did not stop and struck both pedestrians,” reported Willis.
The student was not taken to a hospital. Willis said, “The juvenile’s moth responded to the scene, and he was released to her.”
“Clayton County rescue responded, and the crossing guard was transported to Henry Medical Center,” Willis said. He said the crossing guard suffered minor injuries.
As for the driver, his driver’s license was suspended in 1995, according to Willis. The driver was taken to the hospital after he complained of feeling ill.
“Adults need to be aware of the school season and pedestrians, and be aware of their surroundings,” Willis stressed. “Slow down when you see a crossing guard, and render them the same respect that you would the law enforcement.”
Over the weekend, a pedestrian was struck by a car and killed on a seven-lane highway in Gwinnett County. The police identified the victim as Emilia Ortiz and have determined that the driver was not at fault. Police received a report that a woman was trying to cross a busy highway at Peachtree Parkway just north of Holcomb Bridge Road. Officers did not arrive in time. Ortiz was struck by a Mercedes Benz, and she was pronounced dead at the scene.
“It does not appear that alcohol or speed contributed to the collision,” said Officer Edwin Ritter. “There are no criminal charges pending against the driver.”
Witnesses speculated that Ortiz was trying to make it to a nearby bus stop. One witness said, “There are always people trying to cross the road right there.” Perhaps it’s time to consider a crosswalk near the bus stop.
Another pedestrian died over the weekend after stepping in front of a vehicle on Six Flags Drive in Austell on Friday night. Juan Guadalupe Colon, 26, died on Saturday morning. Police do not expect to file charges against the driver in this case, either.
Both of the recent pedestrian fatalities occurred in the early evening hours. Keep in mind that it’s getting dark much earlier now. If you plan to be walking in the Atlanta area after dark, be sure to wear some type of reflective clothing, and always use crosswalks. Atlanta was recently named one of the most dangerous cities for pedestrians.
If you’ve been injured in a pedestrian accident or auto accident due to negligence, contact an Atlanta auto accident attorney as soon as possible. Time is of the essence. Call MLN Law at 404-531-9700 to schedule a free consultation.
Labels: auto accident, pedestrian
Slate Magazine recently ran an article on the current push to put damage caps on the amount of money doctors would have to pay plaintiffs in malpractice suits. The article, by Darshak Sanghavi, paints a grim picture of physicians who believe themselves to be under siege by an epidemic of false or frivolous lawsuits, while in reality it is very difficult for those injured through their doctor’s negligence to receive the justice and compensation they deserve.
This mentality, according to Sanghavi, stems from frightening anecdotes like that of family physician Daniel Merenstein. In 1999, Merenstein met with a fifty-three year old patient for a routine checkup. During the checkup, Merenstein advised his patient of the problems with using blood tests to screen for prostate cancer: such screening methods lead to many false positives which actually harm patients. Neither the American Cancer Society nor U.S Public Health Services recommend it for regular use.
The patient refused the blood test based on Merenstein’s information, only to later be diagnosed with prostate cancer. He sued Merenstein, and based on his attorney’s case, was awarded $1 million in damages.
As a result of this case, more physicians now recommend that their patients receive a flawed, and often unnecessary or harmful test. This attitude extends to other tests, to the point where internists have reported that as much as 15 percent of lab work and admissions were ordered for “defensive reasons.”
Indeed, the defensive attitude of doctors and controversial economics backing them up, lawmakers have suggested that limiting malpractice damages could be part of the reform our healthcare system so desperately needs.
But this line of reasoning ignores the very reason for the existence of malpractice lawsuits, and the hostile realities faced by the victim of doctor errors. Doctors and other healthcare professionals make mistakes. While we trust these people with our lives – lives which they also routinely improve or even save – doctors can make glaring, negligent errors. Unfortunately, they do so on a regular basis.
The article mentions one 1991 study in which Harvard researchers reviewed the records of tens of thousands of New York patients. From their research, they estimated that around 27,000 of them hard been harmed by medical negligence. Yet only 3,500 of them ever filed claims. The report concluded that providers were rarely held accountable for substandard care.
What’s more, holding doctors accountable for the care they provide improves the standard of care patients receive. The threat of liability lawsuits can and has motivated improvements in the medical industry. Two decades ago, anesthesiologists paid one of the highest premiums for malpractice insurance, in part do to a 1 in 5,000 risk of death during surgery. Today, that risk has dropped to 1 in 250,000, and the anesthesiologists premiums are among the lowest, reflecting the change in the safety of the service they provide.
Capping malpractice damages may cut healthcare costs, but it does not do so by helping patients.
If you have been injured as the result of medical malpractice, contact an experienced Atlanta malpractice attorney as soon as possible. Contact MLN Law at 404-531-9700 to schedule a free consultation.
This mentality, according to Sanghavi, stems from frightening anecdotes like that of family physician Daniel Merenstein. In 1999, Merenstein met with a fifty-three year old patient for a routine checkup. During the checkup, Merenstein advised his patient of the problems with using blood tests to screen for prostate cancer: such screening methods lead to many false positives which actually harm patients. Neither the American Cancer Society nor U.S Public Health Services recommend it for regular use.
The patient refused the blood test based on Merenstein’s information, only to later be diagnosed with prostate cancer. He sued Merenstein, and based on his attorney’s case, was awarded $1 million in damages.
As a result of this case, more physicians now recommend that their patients receive a flawed, and often unnecessary or harmful test. This attitude extends to other tests, to the point where internists have reported that as much as 15 percent of lab work and admissions were ordered for “defensive reasons.”
Indeed, the defensive attitude of doctors and controversial economics backing them up, lawmakers have suggested that limiting malpractice damages could be part of the reform our healthcare system so desperately needs.
But this line of reasoning ignores the very reason for the existence of malpractice lawsuits, and the hostile realities faced by the victim of doctor errors. Doctors and other healthcare professionals make mistakes. While we trust these people with our lives – lives which they also routinely improve or even save – doctors can make glaring, negligent errors. Unfortunately, they do so on a regular basis.
The article mentions one 1991 study in which Harvard researchers reviewed the records of tens of thousands of New York patients. From their research, they estimated that around 27,000 of them hard been harmed by medical negligence. Yet only 3,500 of them ever filed claims. The report concluded that providers were rarely held accountable for substandard care.
What’s more, holding doctors accountable for the care they provide improves the standard of care patients receive. The threat of liability lawsuits can and has motivated improvements in the medical industry. Two decades ago, anesthesiologists paid one of the highest premiums for malpractice insurance, in part do to a 1 in 5,000 risk of death during surgery. Today, that risk has dropped to 1 in 250,000, and the anesthesiologists premiums are among the lowest, reflecting the change in the safety of the service they provide.
Capping malpractice damages may cut healthcare costs, but it does not do so by helping patients.
If you have been injured as the result of medical malpractice, contact an experienced Atlanta malpractice attorney as soon as possible. Contact MLN Law at 404-531-9700 to schedule a free consultation.
Labels: medical malpractice
A Hunterdon County, New Jersey jury awarded a $6 million verdict to Kenneth Matlcok after he sustained severe injuries when a large tree limb fell on his vehicle. The large, rotten limb was hanging over Route 29, a state roadway. The defendant in the lawsuit was the New Jersey Department of Transportation (NJDOT).
Matlock and his wife Vicky were driving down Route 29 with their daughter and two of her friends on July 4, 2006 when a tree limb hanging over the road fell through the roof of their vehicle. The NJDOT report stated that the tree limb was “hollowed out” and described the tree as “rotting.” During the trial, it was revealed that there had been 55 reports of tree-related incidents on the same road within the two-year period preceding the accident. During these previous accidents, NJDOT employees had the opportunity to conduct inspections that would have revealed the rotten tree limb hanging over the road. The state of New Jersey admitted that a maintenance crew supervisor was responsible for identifying trees which posed a potential hazard to motorists, but no action was ever taken regarding the limb that fell onto Matlock’s vehicle.
The NJDOT did not make a settlement offer before trial. Trial commenced on October 13, 2009 before Judge Peter A. Buchsbaum and a jury. One witness presented by the plaintiff was Douglas Hunt, a certified tree expert and registered arborist. Hunt testified that the tree limb in question was at “high risk for failure” and that the state should have known of the dangerous condition and corrected it before the accident. Another witness presented by the plaintiff was George Widas, a professional engineer who testified that NJDOT failed to conduct a competent inspection which would have identified dangerous trees.
The trial lasted for two weeks before a unanimous jury returned a verdict of $6 million against the NJDOT. The verdict is believed to be the largest in the history of Hunterdon County. Matlock was represented by attorneys from the law firm Feldman, Shepherd, Wohgelerneter, Tanner, Weinstock & Dodig.
Matlock and his wife both suffered broken necks as a result of the falling limb, which apparently fell from an oak tree which had been weakened by flooding. Vicky Matlock has recovered from her injuries, but Kenneth Matlock, now 43, was permanently disabled in the accident. He can no longer work as a truck driver, which was his career for 20 years.
The plaintiffs initially sued the township and the county as well as the state. It was determined that the tree was in the state’s right-of-way, and the suits against other defendants were dismissed. The jury found that the state had indeed been negligent in their duty to protect motorists from dangers.
If you have been injured in Georgia due to the actions or inactions of a negligent property owner, you may be entitled to compensation. Contact a Georgia premises liability attorney as soon as possible. Call MLN Law at 404-531-9700 to schedule a free consultation.
Matlock and his wife Vicky were driving down Route 29 with their daughter and two of her friends on July 4, 2006 when a tree limb hanging over the road fell through the roof of their vehicle. The NJDOT report stated that the tree limb was “hollowed out” and described the tree as “rotting.” During the trial, it was revealed that there had been 55 reports of tree-related incidents on the same road within the two-year period preceding the accident. During these previous accidents, NJDOT employees had the opportunity to conduct inspections that would have revealed the rotten tree limb hanging over the road. The state of New Jersey admitted that a maintenance crew supervisor was responsible for identifying trees which posed a potential hazard to motorists, but no action was ever taken regarding the limb that fell onto Matlock’s vehicle.
The NJDOT did not make a settlement offer before trial. Trial commenced on October 13, 2009 before Judge Peter A. Buchsbaum and a jury. One witness presented by the plaintiff was Douglas Hunt, a certified tree expert and registered arborist. Hunt testified that the tree limb in question was at “high risk for failure” and that the state should have known of the dangerous condition and corrected it before the accident. Another witness presented by the plaintiff was George Widas, a professional engineer who testified that NJDOT failed to conduct a competent inspection which would have identified dangerous trees.
The trial lasted for two weeks before a unanimous jury returned a verdict of $6 million against the NJDOT. The verdict is believed to be the largest in the history of Hunterdon County. Matlock was represented by attorneys from the law firm Feldman, Shepherd, Wohgelerneter, Tanner, Weinstock & Dodig.
Matlock and his wife both suffered broken necks as a result of the falling limb, which apparently fell from an oak tree which had been weakened by flooding. Vicky Matlock has recovered from her injuries, but Kenneth Matlock, now 43, was permanently disabled in the accident. He can no longer work as a truck driver, which was his career for 20 years.
The plaintiffs initially sued the township and the county as well as the state. It was determined that the tree was in the state’s right-of-way, and the suits against other defendants were dismissed. The jury found that the state had indeed been negligent in their duty to protect motorists from dangers.
If you have been injured in Georgia due to the actions or inactions of a negligent property owner, you may be entitled to compensation. Contact a Georgia premises liability attorney as soon as possible. Call MLN Law at 404-531-9700 to schedule a free consultation.
Labels: premises liability
Early this morning a mother of two was killed on I-20 in Atlanta a drunk driving going the wrong way crashed into her vehicle. Police say that the wrong-way driver appeared to be under the influence of alcohol.
The wreck happened at approximately 3:30 a.m. on I-20 eastbound near the Langhorn Street exit, according to WSB-TV. Police said that Robert Ayiteyfio, the suspect, was driving his Toyota Camry westbound in the eastbound lanes of I-20. Near the Langhorn Street ext, Ayiteyfio’s Camry collided with a Ford Taurus driven by the victim, Shameyka Welch, 24, of Austell.
Another adult and two children were in the car with Welch. The two children were taken to Egleston Children’s Hospital and are in stable condition. The other passenger is also in stable condition. Welch died at Grady Memorial Hospital.
An off-duty police officer spotted the wrong-way driver and called for back-up before the crash actually happened. The suspect fled on foot while he was being questioned by an Atlanta Police Department DUI Task Force officer, but he was apprehended. Ayiteyfio was checked by emergency medical workers and charged with DUI, homicide by vehicle,, and driving he wrong way before being taken to Fulton County Jail.
A reader on wsbtv.com commented on the story, “Few states have figured out what to do with drunk drivers. Do taxpayers foot the bill for years of incarceration, or do we tap these killers on the wrist and let them keep driving to do it again and again?”
I believe that Georgia is on the right track when it comes to punishing drunk drivers. In Georgia, a victim or victim’s family can sue a drunk driver not only for monetary damages but also for punitive damages. In other words, a victim of a drunk driver can seek to punish the drunk driver. Normally, punitive damages in Georgia are capped at $250,000, but they can be unlimited for drunk driver victims. The victim of a drunk driver may also file suit against a restaurant, liquor store, or other establishment that served alcohol to an intoxicated individual. Georgia certainly does not tap drunk drivers on the wrist. Our state also has several DUI courts in which convicted drunk drivers receive treatment for alcoholism. Research shows that DUI courts reduce rates of recidivism for drunk drivers.
Still, Georgia has a relatively high rate of DUI accidents. According to MADD, nearly 30 percent of Georgia’s fatal traffic accidents in 2008 involved drunk drivers. The word “accident” is a bit of misnomer. All intoxicated drivers make a choice to get behind the wheel of a vehicle. That’s not an accident. Victims can help to reduce the rate of drunk driving by aggressively pursuing offenders in the court of law.
Have you been the victim of a drunk driver? If so, contact a Georgia personal injury lawyer as soon as possible. Time is of the essence. Call MLN Law at 404-531-9700 to schedule a free consultation.
The wreck happened at approximately 3:30 a.m. on I-20 eastbound near the Langhorn Street exit, according to WSB-TV. Police said that Robert Ayiteyfio, the suspect, was driving his Toyota Camry westbound in the eastbound lanes of I-20. Near the Langhorn Street ext, Ayiteyfio’s Camry collided with a Ford Taurus driven by the victim, Shameyka Welch, 24, of Austell.
Another adult and two children were in the car with Welch. The two children were taken to Egleston Children’s Hospital and are in stable condition. The other passenger is also in stable condition. Welch died at Grady Memorial Hospital.
An off-duty police officer spotted the wrong-way driver and called for back-up before the crash actually happened. The suspect fled on foot while he was being questioned by an Atlanta Police Department DUI Task Force officer, but he was apprehended. Ayiteyfio was checked by emergency medical workers and charged with DUI, homicide by vehicle,, and driving he wrong way before being taken to Fulton County Jail.
A reader on wsbtv.com commented on the story, “Few states have figured out what to do with drunk drivers. Do taxpayers foot the bill for years of incarceration, or do we tap these killers on the wrist and let them keep driving to do it again and again?”
I believe that Georgia is on the right track when it comes to punishing drunk drivers. In Georgia, a victim or victim’s family can sue a drunk driver not only for monetary damages but also for punitive damages. In other words, a victim of a drunk driver can seek to punish the drunk driver. Normally, punitive damages in Georgia are capped at $250,000, but they can be unlimited for drunk driver victims. The victim of a drunk driver may also file suit against a restaurant, liquor store, or other establishment that served alcohol to an intoxicated individual. Georgia certainly does not tap drunk drivers on the wrist. Our state also has several DUI courts in which convicted drunk drivers receive treatment for alcoholism. Research shows that DUI courts reduce rates of recidivism for drunk drivers.
Still, Georgia has a relatively high rate of DUI accidents. According to MADD, nearly 30 percent of Georgia’s fatal traffic accidents in 2008 involved drunk drivers. The word “accident” is a bit of misnomer. All intoxicated drivers make a choice to get behind the wheel of a vehicle. That’s not an accident. Victims can help to reduce the rate of drunk driving by aggressively pursuing offenders in the court of law.
Have you been the victim of a drunk driver? If so, contact a Georgia personal injury lawyer as soon as possible. Time is of the essence. Call MLN Law at 404-531-9700 to schedule a free consultation.
Labels: drunk driver, drunk driving, DUI
Counterfeiting money is one of the oldest crimes in the US, dating back to the early days of this country. While the Secret Service has done much to curtail the use of counterfeit money, the large American economy makes it an obvious target for fraud. This crime costs Americans $600 billion a year according to the International Anti-Counterfeiting Coalition. As the economy speeds up for the holidays and malls become hectic with Christmas shoppers, the United States Secret service advices that the passing of fake cash could become an even greater problem.
Consumers and businesses should expect to see more counterfeit bills, advised special agent Jeffery T. Gilbert.
“We cannot reiterate enough how important it is to look at your money,” said Gilbert. “Counterfeiting is a crime of opportunity. And it can be devastating on a business, a family, even our economy.”
Improving technology, particularly in the field of color copy machines, has made counterfeiting easier than ever for creative counterfeiters. By bleaching $5 bills and reprinting them as $100 bills, they are able to put their fake money on official US treasury paper. These fake bills on real paper are able to pass the counterfeit pen test.
There are many ways to tell if a bill is fake, even when it is printed on the correct paper. The Secret Service web site offers the following advice:
- The portrait on a genuine bill ought to stand out from the background, while that on a fake will appear lifeless or flat. Details in the back ground often seem too dark and lose distinction, merging together.
- The Federal Reserve and Treasury seals are clear and distinct on a real bill. On a fake bill, they may appear uneven, indistinct, or the saw-tooth points may seem broken.
- The borders on a counterfeit bill may seem blurred or indistinct. On a genuine bill, they should be clear and unbroken.
- A genuine bill has blue and red fibers woven into the paper throughout; they are embedded in the paper, not printed on the surface of it as in a counterfeit bill. Reproducing this distinctive paper is illegal.
- Serial numbers on a genuine bill are printed evenly spaced, in a distinct and consistent color and style. On fake bills, the numbers may vary, be too closely spaced, or otherwise differ from legitimately printed serial numbers. Serial numbers should be printed in the same ink as the Treasury seal.
- Suspect bills should be compared to a genuine bill of the same denomination to check for differences in portrait, serial number and vignette. Look for differences, not similarities.
- Bills of $500 denominations and above are no longer printed, and are being withdrawn from circulation.
Presently, the Secret Service is not seeing a localized spike in the Atlanta area, but given the risks, and the opportunity of consumers and staffs overwhelmed with the yearly holiday frenzy, there is still reason to be vigilant here. There is more than enough stress surrounding the holiday season without financial woes brought on by counterfeit money.
Consumers and businesses should expect to see more counterfeit bills, advised special agent Jeffery T. Gilbert.
“We cannot reiterate enough how important it is to look at your money,” said Gilbert. “Counterfeiting is a crime of opportunity. And it can be devastating on a business, a family, even our economy.”
Improving technology, particularly in the field of color copy machines, has made counterfeiting easier than ever for creative counterfeiters. By bleaching $5 bills and reprinting them as $100 bills, they are able to put their fake money on official US treasury paper. These fake bills on real paper are able to pass the counterfeit pen test.
There are many ways to tell if a bill is fake, even when it is printed on the correct paper. The Secret Service web site offers the following advice:
- The portrait on a genuine bill ought to stand out from the background, while that on a fake will appear lifeless or flat. Details in the back ground often seem too dark and lose distinction, merging together.
- The Federal Reserve and Treasury seals are clear and distinct on a real bill. On a fake bill, they may appear uneven, indistinct, or the saw-tooth points may seem broken.
- The borders on a counterfeit bill may seem blurred or indistinct. On a genuine bill, they should be clear and unbroken.
- A genuine bill has blue and red fibers woven into the paper throughout; they are embedded in the paper, not printed on the surface of it as in a counterfeit bill. Reproducing this distinctive paper is illegal.
- Serial numbers on a genuine bill are printed evenly spaced, in a distinct and consistent color and style. On fake bills, the numbers may vary, be too closely spaced, or otherwise differ from legitimately printed serial numbers. Serial numbers should be printed in the same ink as the Treasury seal.
- Suspect bills should be compared to a genuine bill of the same denomination to check for differences in portrait, serial number and vignette. Look for differences, not similarities.
- Bills of $500 denominations and above are no longer printed, and are being withdrawn from circulation.
Presently, the Secret Service is not seeing a localized spike in the Atlanta area, but given the risks, and the opportunity of consumers and staffs overwhelmed with the yearly holiday frenzy, there is still reason to be vigilant here. There is more than enough stress surrounding the holiday season without financial woes brought on by counterfeit money.
Labels: consumer products
Yesterday a Richmond, Virginia jury awarded $8 million in damages to a research librarian who worked at the Library of Virginia. Meikiu Lo, 34, won the full amount sought by her lawyers after she was hit by a GRTC Transit System bus and severely injured two years ago.
Lo suffered serious spinal and shoulder damage and multiple hip and pelvis fractures in the bus accident. The injuries have resulted in chronic pain. She was walking across the street when the GRTC bus, which was making a right turn, struck her.
Lo’s attorney, Jason W. Konvicka of the Allen, Allen, Allen & Allen law firm in Richmond, said, “She is a wonderful person who is a native of Hong Kong and will endure the consequences of the collision for the rest of her life.”
Konvicka reported that the seven-person jury deliberated for one hour before they determined the award. The damages were the only issue in the two-day trial.
Attorneys for GRTC had offered to settle the case for $1.8 million, but the settlement offer was rejected.
The bus driver was fired after the accident. John Lewis, CEO of GRTC, did not comment on the award. Attempts to reach attorneys for the bus company have been unsuccessful.
Konvicka told the Richmond Times-Dispatch that the decision will not affect the GRTC bus company’s balance sheet or bus fares because the award will be covered by insurance. However, the award is problematic for GRTC. The bus company is not only in the process of terminating some current routes but also still dealing with the aftermath of another recent high-profile pedestrian collision. A GRTC bus killed Loucendia Reed Lambert, 55, on September 30 as she crossed a street. Lambert worked at the Virginia Department of Health. In the most recent accident, the bus driver, Teresa Jones, 46, of Richmond, will face charges of reckless driving in the Richmond General District Court next week. No civil actions have been filed in this case at this time.
In the Lo case, jurors heard medical testimony that Lo suffered from post-traumatic stress disorder after her injury – and that Lambert’s recent death had caused a renewal of anxiety and emotional distress.
Lo did not attend her trial, according to Konvicka, because she is having a difficult time dealing with what happened to her. Lo was introduced to the jury at the beginning of the trial and returned after the trial to hear the verdict.
“When we left the courthouse, I walked her up the street,” Konvicka said. “She wanted to get right back to work.”
Lo could not be reached for comment. Konvicka said that Lo is extremely shy and has studied at the University of North Caroline as well as the State University of New York. She is originally from China, and her family is still in China.
Atlanta was recently ranked as one of the most dangerous cities for pedestrians. If you’ve been injured in a bus accident, contact an Atlanta bus accident attorney as soon as possible. Call MLN Law at 404-531-9700 to schedule a free consultation.
Lo suffered serious spinal and shoulder damage and multiple hip and pelvis fractures in the bus accident. The injuries have resulted in chronic pain. She was walking across the street when the GRTC bus, which was making a right turn, struck her.
Lo’s attorney, Jason W. Konvicka of the Allen, Allen, Allen & Allen law firm in Richmond, said, “She is a wonderful person who is a native of Hong Kong and will endure the consequences of the collision for the rest of her life.”
Konvicka reported that the seven-person jury deliberated for one hour before they determined the award. The damages were the only issue in the two-day trial.
Attorneys for GRTC had offered to settle the case for $1.8 million, but the settlement offer was rejected.
The bus driver was fired after the accident. John Lewis, CEO of GRTC, did not comment on the award. Attempts to reach attorneys for the bus company have been unsuccessful.
Konvicka told the Richmond Times-Dispatch that the decision will not affect the GRTC bus company’s balance sheet or bus fares because the award will be covered by insurance. However, the award is problematic for GRTC. The bus company is not only in the process of terminating some current routes but also still dealing with the aftermath of another recent high-profile pedestrian collision. A GRTC bus killed Loucendia Reed Lambert, 55, on September 30 as she crossed a street. Lambert worked at the Virginia Department of Health. In the most recent accident, the bus driver, Teresa Jones, 46, of Richmond, will face charges of reckless driving in the Richmond General District Court next week. No civil actions have been filed in this case at this time.
In the Lo case, jurors heard medical testimony that Lo suffered from post-traumatic stress disorder after her injury – and that Lambert’s recent death had caused a renewal of anxiety and emotional distress.
Lo did not attend her trial, according to Konvicka, because she is having a difficult time dealing with what happened to her. Lo was introduced to the jury at the beginning of the trial and returned after the trial to hear the verdict.
“When we left the courthouse, I walked her up the street,” Konvicka said. “She wanted to get right back to work.”
Lo could not be reached for comment. Konvicka said that Lo is extremely shy and has studied at the University of North Caroline as well as the State University of New York. She is originally from China, and her family is still in China.
Atlanta was recently ranked as one of the most dangerous cities for pedestrians. If you’ve been injured in a bus accident, contact an Atlanta bus accident attorney as soon as possible. Call MLN Law at 404-531-9700 to schedule a free consultation.
Labels: bus wreck
Auto accidents cause approximately 3 million injuries and 43,000 deaths annually. To protect your family, it’s important to not only drive safely but also choose a safe vehicle. The Insurance Institute for Highway Safety has released their Top Safety Pick award winners for 2010. For the first time, the institute considered roof strength in a rollover tests. Rollovers kill more than 9,000 people in passenger vehicles each year.
“With the addition of our new roof strength evaluation, our crash test results now cover all 4 of the most common kinds of crashes,” said Institute president Adrian Lund. “Consumers can use this list to zero in on the vehicles that are on the top rung for safety.”
Here’s the full list of all 27 winners:
Large cars
Buick LaCrosse
Ford Taurus
Lincoln MKS
Volvo S80
Midsize cars
Audi A3
Chevrolet Malibu built after October 2009
Chrysler Sebring 4-door with optional electronic stability control
Dodge Avenger with optional electronic stability control
Mercedes C class
Subaru Legacy
Subaru Outback
Volkswagen Jetta sedan
Volkswagen Passat sedan
Volvo C30
Small cars
Honda Civic 4-door models (except Si) with optional electronic stability control
Kia Soul
Nissan Cube
Subaru Impreza except WRX
Volkswagen Golf 4-door
Midsize SUVs
Dodge Journey
Subaru Tribeca
Volvo XC60
Volvo XC90
Small SUVs
Honda Element
Jeep Patriot with optional side torso airbags
Subaru Forester
Volkswagen Tiguan
Toyota did not have any 2010 safety winners, nor did BMW, Mazda, Mitsubishi, or Saab. The Toyota Camry did not qualify because of its rear crash evaluation. The Honda Accord and Ford Fusion just missed the mark because of their roof ratings.
“Honda and Ford would have to make only minor changes to achieve good ratings for roof strength, as the Accord and Fusion just missed the mark,” said Lund.
The institute found a problem with the Volvo XC60 seat belts. During the side crash test, a piece of plastic on the driver’s seat pushed a safety release button for the safety belt, causing it to detach.
“This would be a serious issue if it happened in a real crash, but it's not likely to happen and it's fixable,” Lund said. “Still, belts shouldn't come loose in a crash test. Volvo is fixing the problem so it won't be an issue with XC60 models produced after November 2009. Top Safety Pick applies only to these modified XC60s.” Owners of 2010 XC60s should see a Volvo dealer for repairs.
“In safety terms, we've come very far, very fast in just the past decade,” said Lund. “When the Institute began conducting frontal tests for consumer information in 1995, few vehicles earned top ratings. Now almost all do. Most cars failed the side tests we added in 2003. Test results in that initial round were so bad we nearly broke our budget for repairing the crash test dummy, but now most vehicles ace the side test thanks to side airbags and stronger side structures. Factor in improved head restraints to protect against whiplash and electronic stability control to prevent crashes, and consumers are the clear winners.”
Since auto accidents cannot always be avoided, it’s wise to drive a safe vehicle. If you’re injured in an auto accident, contact a Georgia auto accident attorney as soon as possible. You may be entitled to compensation if the accident was someone else’s fault. Call MLN Law at 404-531-9700 to schedule your free consultation.
“With the addition of our new roof strength evaluation, our crash test results now cover all 4 of the most common kinds of crashes,” said Institute president Adrian Lund. “Consumers can use this list to zero in on the vehicles that are on the top rung for safety.”
Here’s the full list of all 27 winners:
Large cars
Buick LaCrosse
Ford Taurus
Lincoln MKS
Volvo S80
Midsize cars
Audi A3
Chevrolet Malibu built after October 2009
Chrysler Sebring 4-door with optional electronic stability control
Dodge Avenger with optional electronic stability control
Mercedes C class
Subaru Legacy
Subaru Outback
Volkswagen Jetta sedan
Volkswagen Passat sedan
Volvo C30
Small cars
Honda Civic 4-door models (except Si) with optional electronic stability control
Kia Soul
Nissan Cube
Subaru Impreza except WRX
Volkswagen Golf 4-door
Midsize SUVs
Dodge Journey
Subaru Tribeca
Volvo XC60
Volvo XC90
Small SUVs
Honda Element
Jeep Patriot with optional side torso airbags
Subaru Forester
Volkswagen Tiguan
Toyota did not have any 2010 safety winners, nor did BMW, Mazda, Mitsubishi, or Saab. The Toyota Camry did not qualify because of its rear crash evaluation. The Honda Accord and Ford Fusion just missed the mark because of their roof ratings.
“Honda and Ford would have to make only minor changes to achieve good ratings for roof strength, as the Accord and Fusion just missed the mark,” said Lund.
The institute found a problem with the Volvo XC60 seat belts. During the side crash test, a piece of plastic on the driver’s seat pushed a safety release button for the safety belt, causing it to detach.
“This would be a serious issue if it happened in a real crash, but it's not likely to happen and it's fixable,” Lund said. “Still, belts shouldn't come loose in a crash test. Volvo is fixing the problem so it won't be an issue with XC60 models produced after November 2009. Top Safety Pick applies only to these modified XC60s.” Owners of 2010 XC60s should see a Volvo dealer for repairs.
“In safety terms, we've come very far, very fast in just the past decade,” said Lund. “When the Institute began conducting frontal tests for consumer information in 1995, few vehicles earned top ratings. Now almost all do. Most cars failed the side tests we added in 2003. Test results in that initial round were so bad we nearly broke our budget for repairing the crash test dummy, but now most vehicles ace the side test thanks to side airbags and stronger side structures. Factor in improved head restraints to protect against whiplash and electronic stability control to prevent crashes, and consumers are the clear winners.”
Since auto accidents cannot always be avoided, it’s wise to drive a safe vehicle. If you’re injured in an auto accident, contact a Georgia auto accident attorney as soon as possible. You may be entitled to compensation if the accident was someone else’s fault. Call MLN Law at 404-531-9700 to schedule your free consultation.
Labels: auto insurance, auto safety
In March of 2000, Donna Bailey was on her way to a climbing trip in Texas with two of her friends. It sounds like it should be a cheerful story. Unfortunately, that was not to be. Bailey, a forty-six year old mother of two, was left paralyzed from the neck down when the Firestone tires on the Ford Explorer she was driving began to separate, causing the SUV to roll over.
Not everyone who has experienced this terrifying phenomenon has survived. 271 people died in accidents involving Firestone’s tires on Ford Explorers before their eventual 2000 recall. Many more, like Bailey, were seriously injured.
It was the largest tire recall in history.
Internal documentation eventually showed that both Ford and Firestone were well aware of the separation problem, and the rollovers that resulted from it, as early as 1997. Firestone had already received complaints from consumers who had purchased the Ford vehicle with their tires – a hundred times more complaints than they normally received for their products. The fact that there was a major problem with these tires was evident.
Later, Firestone employees would reveal that they punctured bubbles in the tire’s rubber to help disguise imperfections. Inspection and regulation of the finished tires was nonexistent.
At least three years after the company initially learned of the dangerous flaws in their product, in May of 2000, an investigation was finally opened by the National Highway Traffic Safety Administration. NHTSA’s concern was primarily over the issue of tread separation.
Tread separation occurs when the tread peels off the tire, often followed by the tire disintegrating. If this happened at speed, then it is likely to lead to a rollover. Vehicle rollovers are incredibly dangerous, and have a higher fatality rate than other kinds of accidents. Under normal circumstances, rollovers account for only about 3% of accidents, but 33% of fatalities – about a third of all fatalities. They are especially dangerous if drivers are not wearing their safety belts, but many drivers, like Donna Bailey, are seriously injured in rollovers despite proper safety belt use.
Under this attention, Firestone recalled 6.5 million tires. This would seem like a responsible move on the part of Firestone, finally, but the NHTSA warned the company of over a million tires with potentially worse faults than the recalled units. Firestone refused to expand the recall.
Firestone executives would go on to defend their decision against taking further action by saying, “We’ve got such a high volume of tires that looking for the root cause of the problem is like looking for a needle in a haystack.”
The NHTSA’s maximum fine of $925,000 was not enough to deter Firestone from inaction.
Donna Bailey sought justice through the civil court system, and was able to receive not only a monetary settlement, but also apologies from Firestone executives. Internal documents from Firestone were also released as part of the settlement.
If you have been injured in a car accident or due to a case of product liability, such as this one, then you need the services of a skilled attorney. If you have any questions, call MLN Law at 404-531-9700 to schedule a free consultation.
Not everyone who has experienced this terrifying phenomenon has survived. 271 people died in accidents involving Firestone’s tires on Ford Explorers before their eventual 2000 recall. Many more, like Bailey, were seriously injured.
It was the largest tire recall in history.
Internal documentation eventually showed that both Ford and Firestone were well aware of the separation problem, and the rollovers that resulted from it, as early as 1997. Firestone had already received complaints from consumers who had purchased the Ford vehicle with their tires – a hundred times more complaints than they normally received for their products. The fact that there was a major problem with these tires was evident.
Later, Firestone employees would reveal that they punctured bubbles in the tire’s rubber to help disguise imperfections. Inspection and regulation of the finished tires was nonexistent.
At least three years after the company initially learned of the dangerous flaws in their product, in May of 2000, an investigation was finally opened by the National Highway Traffic Safety Administration. NHTSA’s concern was primarily over the issue of tread separation.
Tread separation occurs when the tread peels off the tire, often followed by the tire disintegrating. If this happened at speed, then it is likely to lead to a rollover. Vehicle rollovers are incredibly dangerous, and have a higher fatality rate than other kinds of accidents. Under normal circumstances, rollovers account for only about 3% of accidents, but 33% of fatalities – about a third of all fatalities. They are especially dangerous if drivers are not wearing their safety belts, but many drivers, like Donna Bailey, are seriously injured in rollovers despite proper safety belt use.
Under this attention, Firestone recalled 6.5 million tires. This would seem like a responsible move on the part of Firestone, finally, but the NHTSA warned the company of over a million tires with potentially worse faults than the recalled units. Firestone refused to expand the recall.
Firestone executives would go on to defend their decision against taking further action by saying, “We’ve got such a high volume of tires that looking for the root cause of the problem is like looking for a needle in a haystack.”
The NHTSA’s maximum fine of $925,000 was not enough to deter Firestone from inaction.
Donna Bailey sought justice through the civil court system, and was able to receive not only a monetary settlement, but also apologies from Firestone executives. Internal documents from Firestone were also released as part of the settlement.
If you have been injured in a car accident or due to a case of product liability, such as this one, then you need the services of a skilled attorney. If you have any questions, call MLN Law at 404-531-9700 to schedule a free consultation.
Labels: consumer products, product liability, product recall
U.S. Senators Saxby Chambliss (R-GA) and Lindsey Graham (R-SC) have introduced “loser pays” medical malpractice legislation which would require patients to pay the defendant’s court costs if they lose their case. They say that this would reduce the number of frivolous lawsuits which increase the cost of medical care.
“Reform of medical malpractice is one of the key, missing ingredients from the health care reform proposals being debated in Congress,” said Senator Graham. “A ‘loser pays’ system is one of the best devices available to prevent frivolous lawsuits from costing all of us. When both parties in a lawsuit are subject financial penalty, people think longer and harder about bringing a questionable case forward. Most western nations already have a ‘loser pays’ rule, and it is time our own country adopts this concept.”
Senator Chambliss of Georgia added, “This critical piece of healthcare reform has been missing from every Democratic proposal. While no one with a valid claim for medical malpractice should be denied his day in court, those who bring frivolous lawsuits raise the cost of healthcare for everyone. ‘Loser pays’ should go a long way toward discouraging such junk lawsuits and lowering the cost of practicing medicine.”
The state of Florida had a “loser pays” rule for medical malpractice claims between 1980 and 1985. During that time, the percentage of medical malpractice suits that went to trial was reduced by 50 percent.
The system proposed by Chambliss and Graham would create a system of preliminary, non-binding arbitration for medical malpractice claims prior to court. The case would go to court if one or both of the parties rejected the arbitrator’s decision. The bill is called the Fair Resolution of Medical Liability Disputes Act of 2009.
If passed, this bill would discourage injured patients from taking their medical malpractice cases to court.
“There are several things wrong with this legislation,” attorneys from Greenberg & Bederman, LLP wrote in a statement, “but there are a few glaringly wrong presumptions that we think should be addressed immediately. The first one is that medical malpractice lawsuits are ‘junk.’ Medical malpractice lawsuits involve patients who have been seriously and irrevocably injured by medical negligence, and it is not unreasonable or greedy for these malpractice victims to seek compensation for their injuries.
“Another bad premise is that lawyers are actively seeking out every stubbed toe or sprained ankle and attempting to turn them into million dollar verdicts. Attorneys are very selective about the medical malpractice cases that they take, especially considering that the vast majority of us don’t charge by the hour. Medical malpractice injury attorneys don’t accept cases unless there is clear and provable harm, and even then it is still very difficult to win a case. And the numbers bear this out; the number of medical malpractice payments has declined 15 percent over the past fifteen years, the average annual total payment for verdicts has declined 8 percent over that same time period, and so-called ‘million dollar verdicts’ accounted for only 3 percent of medical malpractice payments. This is hardly a climate where plaintiffs need to be punished.
“And what is truly wrong about this legislation is that it does just that. In a court of law, there is no way of predicting what sort of verdict a jury will bring back. And what will happen to the inevitable person who, despite all the evidence to the contrary, loses his case and is then forced to pay for the legal bills of the doctor who injured him in the first place? He will no doubt serve as an example for anyone who dares to seek damages for a medical malpractice in a court room.
“This legislation, along with damage caps and attempts at removing contingency fees, are all put forward with one aim in mind. Insurance companies want to make it financially impossible for people to sue them.”
If you have been seriously injured by a health care provider in Georgia, contact an experienced Georgia medical malpractice attorney. Call MLN Law at 404-531-9700 to schedule a free consultation.
“Reform of medical malpractice is one of the key, missing ingredients from the health care reform proposals being debated in Congress,” said Senator Graham. “A ‘loser pays’ system is one of the best devices available to prevent frivolous lawsuits from costing all of us. When both parties in a lawsuit are subject financial penalty, people think longer and harder about bringing a questionable case forward. Most western nations already have a ‘loser pays’ rule, and it is time our own country adopts this concept.”
Senator Chambliss of Georgia added, “This critical piece of healthcare reform has been missing from every Democratic proposal. While no one with a valid claim for medical malpractice should be denied his day in court, those who bring frivolous lawsuits raise the cost of healthcare for everyone. ‘Loser pays’ should go a long way toward discouraging such junk lawsuits and lowering the cost of practicing medicine.”
The state of Florida had a “loser pays” rule for medical malpractice claims between 1980 and 1985. During that time, the percentage of medical malpractice suits that went to trial was reduced by 50 percent.
The system proposed by Chambliss and Graham would create a system of preliminary, non-binding arbitration for medical malpractice claims prior to court. The case would go to court if one or both of the parties rejected the arbitrator’s decision. The bill is called the Fair Resolution of Medical Liability Disputes Act of 2009.
If passed, this bill would discourage injured patients from taking their medical malpractice cases to court.
“There are several things wrong with this legislation,” attorneys from Greenberg & Bederman, LLP wrote in a statement, “but there are a few glaringly wrong presumptions that we think should be addressed immediately. The first one is that medical malpractice lawsuits are ‘junk.’ Medical malpractice lawsuits involve patients who have been seriously and irrevocably injured by medical negligence, and it is not unreasonable or greedy for these malpractice victims to seek compensation for their injuries.
“Another bad premise is that lawyers are actively seeking out every stubbed toe or sprained ankle and attempting to turn them into million dollar verdicts. Attorneys are very selective about the medical malpractice cases that they take, especially considering that the vast majority of us don’t charge by the hour. Medical malpractice injury attorneys don’t accept cases unless there is clear and provable harm, and even then it is still very difficult to win a case. And the numbers bear this out; the number of medical malpractice payments has declined 15 percent over the past fifteen years, the average annual total payment for verdicts has declined 8 percent over that same time period, and so-called ‘million dollar verdicts’ accounted for only 3 percent of medical malpractice payments. This is hardly a climate where plaintiffs need to be punished.
“And what is truly wrong about this legislation is that it does just that. In a court of law, there is no way of predicting what sort of verdict a jury will bring back. And what will happen to the inevitable person who, despite all the evidence to the contrary, loses his case and is then forced to pay for the legal bills of the doctor who injured him in the first place? He will no doubt serve as an example for anyone who dares to seek damages for a medical malpractice in a court room.
“This legislation, along with damage caps and attempts at removing contingency fees, are all put forward with one aim in mind. Insurance companies want to make it financially impossible for people to sue them.”
If you have been seriously injured by a health care provider in Georgia, contact an experienced Georgia medical malpractice attorney. Call MLN Law at 404-531-9700 to schedule a free consultation.
Labels: medical malpractice
The Charlottesville Daily Progressed reports that an Albemarle County, Virginia jury has awarded $5.25 million to the family of a 16-year-old girl who was killed in a tractor trailer wreck in 2008.
The jury found that the truck driver Kenneth Barbour was negligent when his tractor trailer ran a red light on May 9, 2008 and crashed into a Chevrolet Cavalier driven by 16-year-old Sydney Aichs. The Don B. Swisher Trucking Corporation and McCann Delivery Service were also found to be negligent. The verdict came after a two-day trail in Albemarle Circuit Court. Earlier this year, Barbour pled guilty to involuntary manslaughter and reckless driving. He was sentenced to two years in prison.
The family of Sydney Aichs filed a $15 million lawsuit against the defendants in October 2008, accusing them of negligence and requesting punitive damages. The judge granted a motion to strike punitive damages against Barbour since his actions did not meet all the required thresholds for negligence.
It took the jury three hours to reach a decision. Sydney’s father Clinton Aichs began to cry when Circuit Judge Cheryl Higgins read off the verdict, which awarded $1.75 million to Sydney’s father, mother, and brother. The father and mother embraced after the verdict was read. Their attorney J. Gregory Webb also received hugs from the parents.
“We are very pleased the jury came back with the verdict,” Webb said. “I think it’s the right verdict . . . We are thankful for the jury’s thoughtfulness.”
Webb said that his clients felt vindicated after verdict was announced.
Attorney John Zunka, who represented Barbour and his former employer, did not comment on the verdict and did not say if his clients would appeal.
The lawsuit alleged that Barbour did not slow down as he approached the intersection in his tractor trailer truck. Aichs was making a left turn in her car when the tractor trailer hit her car. The lawsuit claimed that Barbour’s employers were negligent for not properly training and supervising Barbour and for allowing him to drive his big rig when it had defective parts.
Clinton Aichs, the father of the victim, was the final plaintiff witness in the trial last Friday morning. He told the jury how hard life has been for his family since his daughter’s tragic death.
“[One of us] will use a credit card at [a store] and someone will see the name and say, ‘Isn’t that the girl who died at the intersection?’” he said. He told the court that he lies about his identity whenever this happens to keep the speaker from feeling guilty.
It’s difficult to imagine the hardships that a family must endure after losing someone in a tragic accident. If you’ve lost a family member in a tractor trailer truck wreck due to negligence on the part of the truck driver or trucking company, contact an experienced Georgia tractor trailer wreck lawyer immediately. At MLN Law, we provide caring, aggressive representation for personal injury victims and their families. Call MLN Law at 404-531-9700 to schedule a free consultation.
The jury found that the truck driver Kenneth Barbour was negligent when his tractor trailer ran a red light on May 9, 2008 and crashed into a Chevrolet Cavalier driven by 16-year-old Sydney Aichs. The Don B. Swisher Trucking Corporation and McCann Delivery Service were also found to be negligent. The verdict came after a two-day trail in Albemarle Circuit Court. Earlier this year, Barbour pled guilty to involuntary manslaughter and reckless driving. He was sentenced to two years in prison.
The family of Sydney Aichs filed a $15 million lawsuit against the defendants in October 2008, accusing them of negligence and requesting punitive damages. The judge granted a motion to strike punitive damages against Barbour since his actions did not meet all the required thresholds for negligence.
It took the jury three hours to reach a decision. Sydney’s father Clinton Aichs began to cry when Circuit Judge Cheryl Higgins read off the verdict, which awarded $1.75 million to Sydney’s father, mother, and brother. The father and mother embraced after the verdict was read. Their attorney J. Gregory Webb also received hugs from the parents.
“We are very pleased the jury came back with the verdict,” Webb said. “I think it’s the right verdict . . . We are thankful for the jury’s thoughtfulness.”
Webb said that his clients felt vindicated after verdict was announced.
Attorney John Zunka, who represented Barbour and his former employer, did not comment on the verdict and did not say if his clients would appeal.
The lawsuit alleged that Barbour did not slow down as he approached the intersection in his tractor trailer truck. Aichs was making a left turn in her car when the tractor trailer hit her car. The lawsuit claimed that Barbour’s employers were negligent for not properly training and supervising Barbour and for allowing him to drive his big rig when it had defective parts.
Clinton Aichs, the father of the victim, was the final plaintiff witness in the trial last Friday morning. He told the jury how hard life has been for his family since his daughter’s tragic death.
“[One of us] will use a credit card at [a store] and someone will see the name and say, ‘Isn’t that the girl who died at the intersection?’” he said. He told the court that he lies about his identity whenever this happens to keep the speaker from feeling guilty.
It’s difficult to imagine the hardships that a family must endure after losing someone in a tragic accident. If you’ve lost a family member in a tractor trailer truck wreck due to negligence on the part of the truck driver or trucking company, contact an experienced Georgia tractor trailer wreck lawyer immediately. At MLN Law, we provide caring, aggressive representation for personal injury victims and their families. Call MLN Law at 404-531-9700 to schedule a free consultation.
Labels: tractor trailer, truck wreck
A school bus driver in Fulton County who was accused of having inappropriate sexual relations with a student is out of jail now, after being released on a $20,000 bond.
The bus driver, Jacqueline Connally, was fired during her second year working for Fulton when the school district learned that she had had a previous relationship with a male student who rode her bus. The district learned of their relationship when another came forward with the story.
The boy, who is now seventeen years old, was sixteen at the time of the relationship. Connally was twenty-one.
The age of consent in Georgia is sixteen, so normally the boy would have been able to consent to a sexual relationship with an older woman, but the situation was complicated by the fact that as a bus driver, Connally was legally in a position of authority over the boy. State law allows for sex crimes to be charged in situations where one individual is in a position of authority as a disciplinary or supervisory figure over another.
Connally, now twenty-two, was arrested from her Union City home on charges of sexual battery. Those charges have since been changed to sexual assault. This change was made by Fulton Magistrate Judge James Altman.
Altman explained the change to the felony charge of sexual assault was based on Connally’s position as a bus driver.
Along with setting the bond at $20,000, Judge Altman has ordered that Connally have no unsupervised contact with any minors under the age of eighteen. The school district has contacted the DFCS. If convicted, Connally will have to register as a sex offender.
While this may seem extreme, it’s important to remember that these laws exist to protect our children from harm in situations which are often dangerous for them.
Earlier this month, a school bus driver in Wyoming County West Virginia was convicted of sexually abusing one of the students on his route. In this case, the forty-six year old man was accused of having sex with a sixteen year old girl in the summer school program. He asked the girl in a note to meet him, and when she did, proceeded to have sexual intercourse with her. DNA evidence confirmed him as the perpetrator.
The man, Robert Junior Thomas, claims that he was not acting in a supervisory capacity when the actions occurred, so he should not be treated as the girl’s guardian.
The sentencing date has not been set yet, but Thomas faces up to twenty years in prison for this crime.
Of all sexual assault victims, 44% are under the age of eighteen. 12% of girls and 5% of boys in grades 9-12 report being the victims of sexual abuse, and 93% of all juvenile sexual abuse victims know their attackers.
According to the World Health Organization, victims of sexual assault suffer from elevate rates of depression, post-traumatic stress disorder, are more likely to abuse drugs and alcohol, and are more likely to commit suicide than their peers.
The bus driver, Jacqueline Connally, was fired during her second year working for Fulton when the school district learned that she had had a previous relationship with a male student who rode her bus. The district learned of their relationship when another came forward with the story.
The boy, who is now seventeen years old, was sixteen at the time of the relationship. Connally was twenty-one.
The age of consent in Georgia is sixteen, so normally the boy would have been able to consent to a sexual relationship with an older woman, but the situation was complicated by the fact that as a bus driver, Connally was legally in a position of authority over the boy. State law allows for sex crimes to be charged in situations where one individual is in a position of authority as a disciplinary or supervisory figure over another.
Connally, now twenty-two, was arrested from her Union City home on charges of sexual battery. Those charges have since been changed to sexual assault. This change was made by Fulton Magistrate Judge James Altman.
Altman explained the change to the felony charge of sexual assault was based on Connally’s position as a bus driver.
Along with setting the bond at $20,000, Judge Altman has ordered that Connally have no unsupervised contact with any minors under the age of eighteen. The school district has contacted the DFCS. If convicted, Connally will have to register as a sex offender.
While this may seem extreme, it’s important to remember that these laws exist to protect our children from harm in situations which are often dangerous for them.
Earlier this month, a school bus driver in Wyoming County West Virginia was convicted of sexually abusing one of the students on his route. In this case, the forty-six year old man was accused of having sex with a sixteen year old girl in the summer school program. He asked the girl in a note to meet him, and when she did, proceeded to have sexual intercourse with her. DNA evidence confirmed him as the perpetrator.
The man, Robert Junior Thomas, claims that he was not acting in a supervisory capacity when the actions occurred, so he should not be treated as the girl’s guardian.
The sentencing date has not been set yet, but Thomas faces up to twenty years in prison for this crime.
Of all sexual assault victims, 44% are under the age of eighteen. 12% of girls and 5% of boys in grades 9-12 report being the victims of sexual abuse, and 93% of all juvenile sexual abuse victims know their attackers.
According to the World Health Organization, victims of sexual assault suffer from elevate rates of depression, post-traumatic stress disorder, are more likely to abuse drugs and alcohol, and are more likely to commit suicide than their peers.
Labels: child safety, child sexual abuse, child sexual exploitation
Each year, over a million burn injuries and 4,500 fatalities occur due to gasoline fires. A 26-year-old man recently died from burn injuries he received from a gasoline fire at a gas station in Frederick, Maryland. He was filling up his SUV when he and his vehicle burst into flames. He was not smoking while pumping gas. Investigators are still trying to determine the cause of the fire.
Earlier this year, another man caught fire at a gas station in Arizona. The man suffered burns one 10 percent of his body.
In March 2009, a woman in Colorado was killed after a gasoline pump caught fire and exploded. Another person was injured. The pump exploded after an SUV ran into it. The driver was charged with careless driving involving a death.
Most people don’t consciously consider safety when pumping gas, but these stories illustrate the importance of safety precautions at the gas tank. Even a slight spark can ignite gasoline fumes and cause a fire.
Follow these safety tips to prevent gasoline fire burn injures:
- Always turn off your vehicle before refueling.
- Never smoke, light a match, or play with a lighter while pumping gas.
- Never leave the gas pump unattended.
- Don’t try to top off your tank. This could cause a spill.
- Never try to engineer your own hold-open latch on a gas pump that’s missing one.
- Only use approved containers when dispensing and storing gasoline. Gasoline can leak through many types of unapproved containers. Always place the container on the ground when refueling, and keep the nozzle in contact with the container to avoid ignition of fumes through static electricity.
- Never attempt to siphon gasoline with your mouth.
- Don’t let children handle gasoline.
- If you store gasoline at home, only keep the minimum amount. There’s not need to have multiple containers of gasoline sitting around your home.
- Never try to use gasoline for cleaning.
- Don’t use gasoline to start a fire or a grill. Other fire-starter liquids are safer and more effective. Never pour gasoline on piles of raked leaves!
- Don’t handle gasoline near a flame or heat source.
Children between the ages of 10 and 14 are the most likely group to suffer gasoline injuries. Keep your eyes on your adolescents and talk to them about gasoline safety. Children under the age of 5 are also at high risk. According to the Consumer Product Safety Commission, each year approximately 1,300 children under the age of 5 receive gasoline fire burn injuries.
Some gasoline fires are caused by driver negligence. Others may be caused by negligence on the part of business owners or gasoline companies. If you have suffered burn injuries in a gasoline fire due to the negligence of another party, you may be entitled to recovery and monetary compensation. Contact a Georgia personal injury lawyer to learn about your legal rights. Call MLN Law at 404-531-9700 to schedule your free consultation.
Earlier this year, another man caught fire at a gas station in Arizona. The man suffered burns one 10 percent of his body.
In March 2009, a woman in Colorado was killed after a gasoline pump caught fire and exploded. Another person was injured. The pump exploded after an SUV ran into it. The driver was charged with careless driving involving a death.
Most people don’t consciously consider safety when pumping gas, but these stories illustrate the importance of safety precautions at the gas tank. Even a slight spark can ignite gasoline fumes and cause a fire.
Follow these safety tips to prevent gasoline fire burn injures:
- Always turn off your vehicle before refueling.
- Never smoke, light a match, or play with a lighter while pumping gas.
- Never leave the gas pump unattended.
- Don’t try to top off your tank. This could cause a spill.
- Never try to engineer your own hold-open latch on a gas pump that’s missing one.
- Only use approved containers when dispensing and storing gasoline. Gasoline can leak through many types of unapproved containers. Always place the container on the ground when refueling, and keep the nozzle in contact with the container to avoid ignition of fumes through static electricity.
- Never attempt to siphon gasoline with your mouth.
- Don’t let children handle gasoline.
- If you store gasoline at home, only keep the minimum amount. There’s not need to have multiple containers of gasoline sitting around your home.
- Never try to use gasoline for cleaning.
- Don’t use gasoline to start a fire or a grill. Other fire-starter liquids are safer and more effective. Never pour gasoline on piles of raked leaves!
- Don’t handle gasoline near a flame or heat source.
Children between the ages of 10 and 14 are the most likely group to suffer gasoline injuries. Keep your eyes on your adolescents and talk to them about gasoline safety. Children under the age of 5 are also at high risk. According to the Consumer Product Safety Commission, each year approximately 1,300 children under the age of 5 receive gasoline fire burn injuries.
Some gasoline fires are caused by driver negligence. Others may be caused by negligence on the part of business owners or gasoline companies. If you have suffered burn injuries in a gasoline fire due to the negligence of another party, you may be entitled to recovery and monetary compensation. Contact a Georgia personal injury lawyer to learn about your legal rights. Call MLN Law at 404-531-9700 to schedule your free consultation.
Labels: burn injury, Georgia personal injury lawyer
Yesterday the Pew Research Center released results from its Internet & American Life project survey, which was conduced over the summer of 2009. The results show that one in four teenagers text while driving.
The survey asked 800 teens ages 12 to 17 about their experiences with cell phone use in cars (as passengers and drivers). The Pew Research Center also teamed up with the University of Michigan between June and October to conduct nine focus groups on driving and mobile phone use with teens ages 12 to 18.
Here are the major findings from the survey as well as the focus groups:
- 75 percent of American teens between 12 and 17 own cell phones
- 66 percent of American teens between 12 and 17 use cell phones to send or receive text messages
- Older teens are more likely than younger teens to have cell phones and use text messaging services
- 82 percent of teens 16 to 17 have cell phones and 74 percent of them use text messaging
- 34 percent of texting teens 16 to 17 say that they have texted while driving
- 26 percent of all American teens 16 to 17 have texted while driving
- 52 percent of teens 16 to 17 with cell phones say that they have talked on a cell phone while driving
- 43 percent of all American teens 16 to 17 have talked on a cell phone while driving
- 48 percent of all American teens 12 to 17 have been in a car when the driver was texting while driving
- 40 percent of all American teens 12 to 17 have been in a car when the driver used a cell phone in a way that put themselves or others in danger
The problem of distracted driving continues to grow. Texting while driving is of particular concern. Several states, including Oregon, California, and Connecticut, have already passed laws to ban all texting or talking on handheld phones while driving. The Senate is currently considering a bill that would provide federal funding to states that enact similar laws to bans texting while driving. A recent executive order from President Obama bans texting while driving for all federal workers while on the job.
The National Highway Traffic Safety Administration reports that there were 5,870 fatalities and 515,000 injuries in wrecks in which at least one driver was distracted. Researchers from the Virginia Tech Transportation Institute reported earlier this year that text messaging carries the highest risk of all cell phone related behaviors behind the wheel. The researchers also noted that teen drivers are at a much higher crash risk compared to other drivers.
If you need to use your handheld cell phone while you’re driving, please pull over first. Park your vehicle before you text or call. With all of our modern electronic distractions, it’s easy to forget that automobiles can turn into lethal weapons if we take our eyes off the road for just a couple of seconds.
If you have been injured by a distracted driver or careless driver, contact an Atlanta auto accident attorney as soon as possible. Call MLN Law at 404-531-9700 to schedule a free consultation.
The survey asked 800 teens ages 12 to 17 about their experiences with cell phone use in cars (as passengers and drivers). The Pew Research Center also teamed up with the University of Michigan between June and October to conduct nine focus groups on driving and mobile phone use with teens ages 12 to 18.
Here are the major findings from the survey as well as the focus groups:
- 75 percent of American teens between 12 and 17 own cell phones
- 66 percent of American teens between 12 and 17 use cell phones to send or receive text messages
- Older teens are more likely than younger teens to have cell phones and use text messaging services
- 82 percent of teens 16 to 17 have cell phones and 74 percent of them use text messaging
- 34 percent of texting teens 16 to 17 say that they have texted while driving
- 26 percent of all American teens 16 to 17 have texted while driving
- 52 percent of teens 16 to 17 with cell phones say that they have talked on a cell phone while driving
- 43 percent of all American teens 16 to 17 have talked on a cell phone while driving
- 48 percent of all American teens 12 to 17 have been in a car when the driver was texting while driving
- 40 percent of all American teens 12 to 17 have been in a car when the driver used a cell phone in a way that put themselves or others in danger
The problem of distracted driving continues to grow. Texting while driving is of particular concern. Several states, including Oregon, California, and Connecticut, have already passed laws to ban all texting or talking on handheld phones while driving. The Senate is currently considering a bill that would provide federal funding to states that enact similar laws to bans texting while driving. A recent executive order from President Obama bans texting while driving for all federal workers while on the job.
The National Highway Traffic Safety Administration reports that there were 5,870 fatalities and 515,000 injuries in wrecks in which at least one driver was distracted. Researchers from the Virginia Tech Transportation Institute reported earlier this year that text messaging carries the highest risk of all cell phone related behaviors behind the wheel. The researchers also noted that teen drivers are at a much higher crash risk compared to other drivers.
If you need to use your handheld cell phone while you’re driving, please pull over first. Park your vehicle before you text or call. With all of our modern electronic distractions, it’s easy to forget that automobiles can turn into lethal weapons if we take our eyes off the road for just a couple of seconds.
If you have been injured by a distracted driver or careless driver, contact an Atlanta auto accident attorney as soon as possible. Call MLN Law at 404-531-9700 to schedule a free consultation.
Labels: auto accident, distracted drivers, driving and texting
I have already pointed out this pamphlet as a valuable resource for consumers, however what many of these stories really highlight is how difficult it can be to know when a product is dangerous. These companies often deliberately hide what they know about their dangerous products. Further, in the wake of last week's massive Maclaren stroller recall, discussing faulty and dangerous products is more timely than ever.
In 2002, the medical manufacturer Guidant knew that their heart defibrillators were faulty. Due to a bad seal, fluid could penetrate the devices and cause short circuits. When the time came for the defibrillator to serve its purpose and deliver a shock to an irregularly beating heart, the Guidant defibrillator would do nothing.
Guidant new of this problem and corrected it, however, the companies executives also decided that it was most cost effective to continue to sell the defective devices which they still had in their inventory. 37,000 of these defibrillators were sold by Guidant after they were aware of the flaw and the product was redesigned.
It was not until 2005 that Guidant finally issued a warning about its product. Prior to that, the company’s executives made no effort to warn doctors or regulators of dangers with this device.
But what happened in 2005 which changed this? As is unfortunately often the case in situations where a device people rely on to protect their lives is untrustworthy: tragedy.
In the spring of 2005, Joshua Oukrop went for a bike ride with his girlfriend on the canyon trails near Moab, Utah. Joshua was 21 years old and enjoying his spring break, and he suffered from a genetic heart disease. He had taken steps to control his disease, among them having a Guidant defibrillator surgically implanted. His defibrillator failed to work when it was needed, and Joshua died.
In the months after Joshua Oukrop’s death, it became clear that it was not a one of a kind malfunction. Representatives from Guidant met with his doctor, Barry Maron, and revealed that they were aware of at least twenty-five other instances where the same model of defibrillator had short circuited. They insisted that the likelihood of the devices malfunctioning was small. The company argued that the risks of surgery to replace the defibrillators.
Dr. Maron notified the media, fearing that it would be only a matter of time before someone else died as a result of the company’s practices.
The ensuing investigations by the FDA and the media began to uncover just what Guidant knew of their products and when they knew it. In May 2005, The New York Times was preparing to print a front page article about how Guidant had neglected the health of their customers, and finally they began warning doctors of the dangers of the device. They still balked to admit that their defibrillators should be replaced.
After a 2006 inquiry by the Department of Justice, Guidant offered to cover the cost of replacement defibrillators, but declined to cover the cost of the surgery to replace them.
If you have been injured by a defective product contact an experienced Georgia personal injury lawyer. Call MLN Law at 404-531-9700 to schedule a free consultation.
In 2002, the medical manufacturer Guidant knew that their heart defibrillators were faulty. Due to a bad seal, fluid could penetrate the devices and cause short circuits. When the time came for the defibrillator to serve its purpose and deliver a shock to an irregularly beating heart, the Guidant defibrillator would do nothing.
Guidant new of this problem and corrected it, however, the companies executives also decided that it was most cost effective to continue to sell the defective devices which they still had in their inventory. 37,000 of these defibrillators were sold by Guidant after they were aware of the flaw and the product was redesigned.
It was not until 2005 that Guidant finally issued a warning about its product. Prior to that, the company’s executives made no effort to warn doctors or regulators of dangers with this device.
But what happened in 2005 which changed this? As is unfortunately often the case in situations where a device people rely on to protect their lives is untrustworthy: tragedy.
In the spring of 2005, Joshua Oukrop went for a bike ride with his girlfriend on the canyon trails near Moab, Utah. Joshua was 21 years old and enjoying his spring break, and he suffered from a genetic heart disease. He had taken steps to control his disease, among them having a Guidant defibrillator surgically implanted. His defibrillator failed to work when it was needed, and Joshua died.
In the months after Joshua Oukrop’s death, it became clear that it was not a one of a kind malfunction. Representatives from Guidant met with his doctor, Barry Maron, and revealed that they were aware of at least twenty-five other instances where the same model of defibrillator had short circuited. They insisted that the likelihood of the devices malfunctioning was small. The company argued that the risks of surgery to replace the defibrillators.
Dr. Maron notified the media, fearing that it would be only a matter of time before someone else died as a result of the company’s practices.
The ensuing investigations by the FDA and the media began to uncover just what Guidant knew of their products and when they knew it. In May 2005, The New York Times was preparing to print a front page article about how Guidant had neglected the health of their customers, and finally they began warning doctors of the dangers of the device. They still balked to admit that their defibrillators should be replaced.
After a 2006 inquiry by the Department of Justice, Guidant offered to cover the cost of replacement defibrillators, but declined to cover the cost of the surgery to replace them.
If you have been injured by a defective product contact an experienced Georgia personal injury lawyer. Call MLN Law at 404-531-9700 to schedule a free consultation.
Labels: consumer products, product liability
Are you wondering if you should hire a Georgia personal injury attorney? What can a personal injury attorney do for you? Would it be a waste of time and money to hire a personal injury lawyer? Keep this in mind: If you decide to file a personal injury lawsuit, the defendant(s) will likely have experienced legal representation in their corner. You deserve the same.
Here are 5 reasons why you should hire a Georgia personal injury attorney:
1. A personal injury attorney will collect all available evidence. An experienced attorney knows how to collect all relevant facts and pieces of evidence. A personal injury attorney will help you secure photographs, official affidavits from any witnesses, and other key pieces of evidence. If you’re ever involved in an accident caused by negligence on the part of someone else, be sure to collect as much evidence as possible at the scene of the accident. Take photographs and collect contact information for all witnesses. A personal injury attorney will gather and organize all evidence so that it can be presented in a court of law.
2. A personal injury lawyer doesn’t get paid unless you win. In most cases, a personal injury attorney does not get paid unless you win the case. This is known as working on a contingency basis. Plaintiffs may have to pay the costs for some incidental expenses such as postage or copies, but the attorney doesn’t get paid unless you win the case.
3. A personal injury lawyer has perspective. Lawyers are trained to see a personal injury case from all points of view. They can anticipate the defense’s moves and rationally analyze the situation. After an accident, many individuals and family members are upset, sad, angry, or otherwise emotional. This can hurt their case in court. An attorney will remain calm and rational to keep things in proper perspective.
4. A personal injury attorney has experience. Here at MLN Law, we have handled hundreds of personal injury lawsuits. We understand the law, and we can put our experience to work for you to make sure you get the compensation you deserve.
5. A personal injury attorney knows the system. No system is perfect. An experienced attorney is adept at spotting imperfections within the system. Small technicalities can make all the difference in big cases. Experienced attorneys know the courts, the judges, and, in many cases, the opposing attorneys. Would it be better to settle or to go to trial? An experienced attorney will review all options and make sure that you get the best deal.
If you’ve been seriously injured, contact a Georgia personal injury attorney as soon as possible. You may be entitled to compensation, and an experienced attorney will help you get the compensation you deserve. Most people don’t like dealing with lawyers (including other lawyers), but an attorney will ensure that you have the best chance at justice. Remember: Contact an attorney as soon as possible after the injury. The longer you wait, the weaker your case becomes. If you wait too long, you could even lose your right to file a personal injury lawsuit. To schedule a free consultation, call MLN Law at 404-531-9700.
Here are 5 reasons why you should hire a Georgia personal injury attorney:
1. A personal injury attorney will collect all available evidence. An experienced attorney knows how to collect all relevant facts and pieces of evidence. A personal injury attorney will help you secure photographs, official affidavits from any witnesses, and other key pieces of evidence. If you’re ever involved in an accident caused by negligence on the part of someone else, be sure to collect as much evidence as possible at the scene of the accident. Take photographs and collect contact information for all witnesses. A personal injury attorney will gather and organize all evidence so that it can be presented in a court of law.
2. A personal injury lawyer doesn’t get paid unless you win. In most cases, a personal injury attorney does not get paid unless you win the case. This is known as working on a contingency basis. Plaintiffs may have to pay the costs for some incidental expenses such as postage or copies, but the attorney doesn’t get paid unless you win the case.
3. A personal injury lawyer has perspective. Lawyers are trained to see a personal injury case from all points of view. They can anticipate the defense’s moves and rationally analyze the situation. After an accident, many individuals and family members are upset, sad, angry, or otherwise emotional. This can hurt their case in court. An attorney will remain calm and rational to keep things in proper perspective.
4. A personal injury attorney has experience. Here at MLN Law, we have handled hundreds of personal injury lawsuits. We understand the law, and we can put our experience to work for you to make sure you get the compensation you deserve.
5. A personal injury attorney knows the system. No system is perfect. An experienced attorney is adept at spotting imperfections within the system. Small technicalities can make all the difference in big cases. Experienced attorneys know the courts, the judges, and, in many cases, the opposing attorneys. Would it be better to settle or to go to trial? An experienced attorney will review all options and make sure that you get the best deal.
If you’ve been seriously injured, contact a Georgia personal injury attorney as soon as possible. You may be entitled to compensation, and an experienced attorney will help you get the compensation you deserve. Most people don’t like dealing with lawyers (including other lawyers), but an attorney will ensure that you have the best chance at justice. Remember: Contact an attorney as soon as possible after the injury. The longer you wait, the weaker your case becomes. If you wait too long, you could even lose your right to file a personal injury lawsuit. To schedule a free consultation, call MLN Law at 404-531-9700.
Labels: personal injury attorney, personal injury lawsuits, personal injury lawyer
The Itani family has sued Kalahari water park in Sandusky, OH, claming wrongful death. Hassan Itani, age 3, drowned in an outdoor kids’ pool at the park on August 2.
The lawsuit, which was filed in the U.S. District Court in Toledo, alleges that Hassan was not wearing a life vest as required by park policy and the park “did not have adequate lifeguards monitoring and guarding the Lagoon.” (The Lagoon is the outdoor part of the water park.)
The lawsuit claims that Kalahari park “should have known that additional lifeguards were needed to monitor the Lagoon” and “should have known that the decedent was not wearing a U.S. Coast Guard approved life vest.”
Hassan’s mother lost site of him as he entered the pool. There were more than 50 people in the pool, according to the lawsuit. Employees found the boy face-down in the water. He later died in a hospital.
The lawsuit states that more than a million guests visit the 250,000 square-foot water park each year. Attorney Shereef Akeel is representing the Itani family. Kalahari spokeswoman Shannon McCarthy said that the company cannot comment on pending legislation.
“In our nine years of business, neither of our two resorts has had anything like this occur, and we are devastated,” said Daylene Stroebe, director of the water park’s safety and compliance, shortly after Hassan’s tragic death. Stroebe said in an interview that the pool was “appropriately staffed” with trained and certified lifeguards and supervisors.
“I think everybody did what they were supposed to do,” Stroebe said after reviewing videotape of the incident.
The Ohio Department of Agriculture regulates amusement park rides in the state, and the department has fined Kalahari five times since it opened in 2005. Fines were for lifeguard shortages and other issues.
In an earlier interview, McCarthy said the lodge draws 25,000 visitors a week and has been inspected 16 times without a citation since the last Agriculture Department write-up.
Bob England of the Erie County Health Department said in an interview that two lifeguards were on-duty at the 8,200 square-foot outdoor Lagoon when Hassan wandered into deeper water and drowned. According to England, state regulations require a third lifeguard if more than 50 people are in the water. At this time, it’s unclear how many people were in the water at the time of Hassan’s drowning.
“Maybe they should’ve had three, but I don’t know,” said England. “There’s no way to make that distinction.”
England also reported that when inspectors showed up on the same weekend of Hassan’s death, they found more than 50 people in the pool - and only two lifeguards. The county health department oversees lifeguard staff and water quality at the park, while the state agriculture department regulates the safety of amusement park rides, including pools and lifeguards.
If you or a family member have been seriously injured or killed due to negligence on the part of a business, contact a Georgia premises liability lawyer as soon as possible. Call MLN Law at 404-531-9700 to schedule your free consultation.
The lawsuit, which was filed in the U.S. District Court in Toledo, alleges that Hassan was not wearing a life vest as required by park policy and the park “did not have adequate lifeguards monitoring and guarding the Lagoon.” (The Lagoon is the outdoor part of the water park.)
The lawsuit claims that Kalahari park “should have known that additional lifeguards were needed to monitor the Lagoon” and “should have known that the decedent was not wearing a U.S. Coast Guard approved life vest.”
Hassan’s mother lost site of him as he entered the pool. There were more than 50 people in the pool, according to the lawsuit. Employees found the boy face-down in the water. He later died in a hospital.
The lawsuit states that more than a million guests visit the 250,000 square-foot water park each year. Attorney Shereef Akeel is representing the Itani family. Kalahari spokeswoman Shannon McCarthy said that the company cannot comment on pending legislation.
“In our nine years of business, neither of our two resorts has had anything like this occur, and we are devastated,” said Daylene Stroebe, director of the water park’s safety and compliance, shortly after Hassan’s tragic death. Stroebe said in an interview that the pool was “appropriately staffed” with trained and certified lifeguards and supervisors.
“I think everybody did what they were supposed to do,” Stroebe said after reviewing videotape of the incident.
The Ohio Department of Agriculture regulates amusement park rides in the state, and the department has fined Kalahari five times since it opened in 2005. Fines were for lifeguard shortages and other issues.
In an earlier interview, McCarthy said the lodge draws 25,000 visitors a week and has been inspected 16 times without a citation since the last Agriculture Department write-up.
Bob England of the Erie County Health Department said in an interview that two lifeguards were on-duty at the 8,200 square-foot outdoor Lagoon when Hassan wandered into deeper water and drowned. According to England, state regulations require a third lifeguard if more than 50 people are in the water. At this time, it’s unclear how many people were in the water at the time of Hassan’s drowning.
“Maybe they should’ve had three, but I don’t know,” said England. “There’s no way to make that distinction.”
England also reported that when inspectors showed up on the same weekend of Hassan’s death, they found more than 50 people in the pool - and only two lifeguards. The county health department oversees lifeguard staff and water quality at the park, while the state agriculture department regulates the safety of amusement park rides, including pools and lifeguards.
If you or a family member have been seriously injured or killed due to negligence on the part of a business, contact a Georgia premises liability lawyer as soon as possible. Call MLN Law at 404-531-9700 to schedule your free consultation.
Labels: premises liability, wrongful death
Police and family are breathed a sigh of relief last month when the search for Benson Hendrickson, a sixty-one year old Alzheimer’s patient, ended with the man admitted to Grady Hospital. Sandy Springs police had been seeking the man since the night before, when he wandered away from caregivers.
Hendrickson had no memory of how he came to Grady.
No foul play is suspected. The loss of cognition is a fear many of us face in our parents and grandparents. Wandering Alzheimer’s and dementia patients pose a danger to themselves and others, and caregivers may struggle with how to deal with the challenges this poses.
The National Institute of Aging, part of the U.S National Institutes of Health, offers a great deal of advice and information on Alzheimer’s to help caregivers cope with these unique problems.
They suggest several courses of action for wandering. These include insuring that obstacles and hazards which might injure or trip a patient be removed, making sure that the floors and the patient’s shoes help prevent slipping, attempting to remove clues or triggers – things such as keys, hats which might indicate to the patient that they ought to leave – and using locks and locking devices to ensure that the Alzheimer’s patient cannot leave the building. They even suggest using strategically placed signs on doors, reading things like STOP, DO NOT ENTER, or CLOSED.
They recommend medical alert bracelets which specify “memory loss,” as well as identifying tags on clothes, and informing neighbors and area police if you live with someone who is liable to wander.
Most importantly, elderly individuals with a history of wandering should not be left unattended.
Alzheimer’s disease is the most common cause of dementia in adults. It is a degenerative disease which is progressive and irreversible. Because of Alzheimer’s, an estimated 4.5 million Americans suffer from memory loss and impaired intellect. It primarily affects people in their sixties and older, but can on rare occasions strike people much younger.
There is no typical profile for the progression of an Alzheimer’s patient. At this time, it is impossible to tell how quickly the disease will progress, and which symptoms a particular individual might experience. The disease is marked by declining memory and cognitive function, but it can also include changes in behavior, agitation, irritability, or passiveness. They may wander, and they may potentially not be able to tell the difference between day and night. Alzheimer’s patients have been known to wake in the middle of the night, dress, and attempt to leave, believing that it is the beginning of the day.
Wandering becomes a particularly dangerous prospect when we realize that not all Alzheimer’s patients are able to understand and respond to dangerous situations.
Through prevention, understanding, and creativity, it is possible for caregivers to minimize the dangers to Alzheimer’s patients in their care. Understandably, many of us want to be able to keep our loved ones in our homes rather than consigning them to a rest home. The lifestyle, sense of belonging and comfort of a home is like nothing else. With work, caregivers can continue to provide that loving care, without compromising safety.
Hendrickson had no memory of how he came to Grady.
No foul play is suspected. The loss of cognition is a fear many of us face in our parents and grandparents. Wandering Alzheimer’s and dementia patients pose a danger to themselves and others, and caregivers may struggle with how to deal with the challenges this poses.
The National Institute of Aging, part of the U.S National Institutes of Health, offers a great deal of advice and information on Alzheimer’s to help caregivers cope with these unique problems.
They suggest several courses of action for wandering. These include insuring that obstacles and hazards which might injure or trip a patient be removed, making sure that the floors and the patient’s shoes help prevent slipping, attempting to remove clues or triggers – things such as keys, hats which might indicate to the patient that they ought to leave – and using locks and locking devices to ensure that the Alzheimer’s patient cannot leave the building. They even suggest using strategically placed signs on doors, reading things like STOP, DO NOT ENTER, or CLOSED.
They recommend medical alert bracelets which specify “memory loss,” as well as identifying tags on clothes, and informing neighbors and area police if you live with someone who is liable to wander.
Most importantly, elderly individuals with a history of wandering should not be left unattended.
Alzheimer’s disease is the most common cause of dementia in adults. It is a degenerative disease which is progressive and irreversible. Because of Alzheimer’s, an estimated 4.5 million Americans suffer from memory loss and impaired intellect. It primarily affects people in their sixties and older, but can on rare occasions strike people much younger.
There is no typical profile for the progression of an Alzheimer’s patient. At this time, it is impossible to tell how quickly the disease will progress, and which symptoms a particular individual might experience. The disease is marked by declining memory and cognitive function, but it can also include changes in behavior, agitation, irritability, or passiveness. They may wander, and they may potentially not be able to tell the difference between day and night. Alzheimer’s patients have been known to wake in the middle of the night, dress, and attempt to leave, believing that it is the beginning of the day.
Wandering becomes a particularly dangerous prospect when we realize that not all Alzheimer’s patients are able to understand and respond to dangerous situations.
Through prevention, understanding, and creativity, it is possible for caregivers to minimize the dangers to Alzheimer’s patients in their care. Understandably, many of us want to be able to keep our loved ones in our homes rather than consigning them to a rest home. The lifestyle, sense of belonging and comfort of a home is like nothing else. With work, caregivers can continue to provide that loving care, without compromising safety.
Labels: elderly, solid medical advice
Fox Atlanta reports that Georgia state legislation could lead to the felony prosecution of food processors responsible for contaminated food products. The bill is being prepared a year after the deadly salmonella outbreak that stemmed from a Blakely, Georgia peanut processing plant. Nine people died in the outbreak, and hundreds became ill.
Georgia Representative Kevin Levitas will introduce the new food safety bill, which will call for felony punishment of one to 20 years for knowingly releasing contaminated food products that result in injury or death. The bill would also require companies to maintain better written records of food safety plans at processing plants.
“It sends out a strong message that Georgia stands for a high standard and we won't tolerate anybody who won't maintain those high standards. If you don't want to maintain them, then don't process food and don't grow it in the state of Georgia," said Rep. Levitas.
He plans to pre-file his bill at the state capitol. The Georgia General Assembly goes into session in January. While state legislation is being considered, some are still waiting for possible federal prosecution in the case.
"We certainly don't need to be spending state resources to duplicate what they're doing on the federal level. If the feds decide, hey we're not interested in doing this, that's the time for us to step in," Levitas said.
The federal government may indeed step in. Just last week the Atlanta Journal-Constitution reported that victims of the Salmonella outbreak are upset that there haven’t been any prosecutions yet, even thought FDA inspectors found roaches, mold, and a leaky roof.
Evidence shows that the head of the Peanut Corp. of America wrote emails to “turn them loose” after employees reported salmonella in the products. He wrote that his workers “desperately at least need to turn the raw peanuts on our floor into money.”
Still, federal prosecutors have not said whether or not Peanut Corp. of American executives will be facing charges.
“I thought prosecutions were a no-brainer,” said Lou Tousignant, whose father died from salmonella poisoning after eating contaminated peanut butter. “It seems like it’s been forgotten. That’s kind of how the country ebbs and flows. It’s in the news for a while, then everything quiets down.”
Creighton Magid, a products liability attorney in Washington, agreed with Tousignant: “It does surprise me.”
The victims are eager for action, reports AJC.
Gabrielle Meunier, whose 7-year-old son Christopher was hospitalized for a week after he was poisoned by salmonella, said, "The time is now. If the company's executives are spared prosecution, what does that say to the American public?"
GF “Pete” Peterman, the acting U.S. Attorney for the district including the peanut plant, did not comment to AJC reporters.
If the federal government does not take action, hopefully the state will take steps to ensure that food manufacturers will be properly punished for knowingly releasing tainted food to the public.
Have you been seriously injured by a contaminated or defective product? If so, contact an experienced Georgia personal injury lawyer as soon as possible. Call MLN Law at 404-531-9700 to schedule a free consultation.
Georgia Representative Kevin Levitas will introduce the new food safety bill, which will call for felony punishment of one to 20 years for knowingly releasing contaminated food products that result in injury or death. The bill would also require companies to maintain better written records of food safety plans at processing plants.
“It sends out a strong message that Georgia stands for a high standard and we won't tolerate anybody who won't maintain those high standards. If you don't want to maintain them, then don't process food and don't grow it in the state of Georgia," said Rep. Levitas.
He plans to pre-file his bill at the state capitol. The Georgia General Assembly goes into session in January. While state legislation is being considered, some are still waiting for possible federal prosecution in the case.
"We certainly don't need to be spending state resources to duplicate what they're doing on the federal level. If the feds decide, hey we're not interested in doing this, that's the time for us to step in," Levitas said.
The federal government may indeed step in. Just last week the Atlanta Journal-Constitution reported that victims of the Salmonella outbreak are upset that there haven’t been any prosecutions yet, even thought FDA inspectors found roaches, mold, and a leaky roof.
Evidence shows that the head of the Peanut Corp. of America wrote emails to “turn them loose” after employees reported salmonella in the products. He wrote that his workers “desperately at least need to turn the raw peanuts on our floor into money.”
Still, federal prosecutors have not said whether or not Peanut Corp. of American executives will be facing charges.
“I thought prosecutions were a no-brainer,” said Lou Tousignant, whose father died from salmonella poisoning after eating contaminated peanut butter. “It seems like it’s been forgotten. That’s kind of how the country ebbs and flows. It’s in the news for a while, then everything quiets down.”
Creighton Magid, a products liability attorney in Washington, agreed with Tousignant: “It does surprise me.”
The victims are eager for action, reports AJC.
Gabrielle Meunier, whose 7-year-old son Christopher was hospitalized for a week after he was poisoned by salmonella, said, "The time is now. If the company's executives are spared prosecution, what does that say to the American public?"
GF “Pete” Peterman, the acting U.S. Attorney for the district including the peanut plant, did not comment to AJC reporters.
If the federal government does not take action, hopefully the state will take steps to ensure that food manufacturers will be properly punished for knowingly releasing tainted food to the public.
Have you been seriously injured by a contaminated or defective product? If so, contact an experienced Georgia personal injury lawyer as soon as possible. Call MLN Law at 404-531-9700 to schedule a free consultation.
Labels: consumer products, product liability
A two-year old was rushed to the hospital last month after falling from the third floor window of his family’s College Park apartment. Paramedics rushed the boy to the hospital where he was treated for minor injuries, including a cut tongue.
Police say that the fall appears to have been accidental. They do not anticipate filing any charges.
“They had a bar on the window to keep him from opening it, but somehow he managed to get it open and fell out," said Kevin Hughes, the Clayton County police spokesman.
While the boy was thankfully unharmed, incidents like this highlight the importance of childproofing windows and supervising children. Not all children are as lucky as this boy; every year, children are seriously injured or killed because of unsafe windows.
The potential tragedy of children falling from windows was thrust into the public consciousness on March 20, 1991 when singer and performer Eric Clapton’s four-year old son, Conor, fell to his death from a 53rd story window. It is important not to let the lesson fade with time.
Children should be supervised when playing, and do not allow them to play near even closed windows. It is possible for a child to fall through the glass, which could possibly injure them even further.
Do not trust screens to save children if they should fall. Window screens are not designed for this, and most will not stand up to the weight of even a small child.
Consider installing landscaping features which might help break a fall under dangerous windows, if possible. Some bushes or shrubs may help cushion a child who accidentally falls from a window. This may not be an option for those who live in apartments, of course, but for home owners, it could make a significant difference.
Parents should discourage children from climbing to windows by removing furniture which might tempt them or facilitate them.
If possible, consider installing windows which open from the top rather than the bottom, making it difficult for small children to reach them alone.
Be aware of what windows you will wish to open for ventilation, and plan your safety measures around that.
There is also an array of products available to help childproof windows. If it is possible, parents should consider using locks or wedges to keep children from being able to open windows more than a few inches.
If you live above the seventh floor of a building, you may consider installing permanent window guards. Below that, you may consider guards which can be opened by adults or older children in the event of a fire.
Research your options so that your childproofing choices match your safety needs, lifestyle, and living environment. If you are constantly opening locks or removing guards because they get in your way, then they cannot serve their purpose effectively.
Properly childproofed windows can mean the difference between life and death for children. Parents understandably often prefer not contemplate this but your forethought can save your children from injury or worse.
Police say that the fall appears to have been accidental. They do not anticipate filing any charges.
“They had a bar on the window to keep him from opening it, but somehow he managed to get it open and fell out," said Kevin Hughes, the Clayton County police spokesman.
While the boy was thankfully unharmed, incidents like this highlight the importance of childproofing windows and supervising children. Not all children are as lucky as this boy; every year, children are seriously injured or killed because of unsafe windows.
The potential tragedy of children falling from windows was thrust into the public consciousness on March 20, 1991 when singer and performer Eric Clapton’s four-year old son, Conor, fell to his death from a 53rd story window. It is important not to let the lesson fade with time.
Children should be supervised when playing, and do not allow them to play near even closed windows. It is possible for a child to fall through the glass, which could possibly injure them even further.
Do not trust screens to save children if they should fall. Window screens are not designed for this, and most will not stand up to the weight of even a small child.
Consider installing landscaping features which might help break a fall under dangerous windows, if possible. Some bushes or shrubs may help cushion a child who accidentally falls from a window. This may not be an option for those who live in apartments, of course, but for home owners, it could make a significant difference.
Parents should discourage children from climbing to windows by removing furniture which might tempt them or facilitate them.
If possible, consider installing windows which open from the top rather than the bottom, making it difficult for small children to reach them alone.
Be aware of what windows you will wish to open for ventilation, and plan your safety measures around that.
There is also an array of products available to help childproof windows. If it is possible, parents should consider using locks or wedges to keep children from being able to open windows more than a few inches.
If you live above the seventh floor of a building, you may consider installing permanent window guards. Below that, you may consider guards which can be opened by adults or older children in the event of a fire.
Research your options so that your childproofing choices match your safety needs, lifestyle, and living environment. If you are constantly opening locks or removing guards because they get in your way, then they cannot serve their purpose effectively.
Properly childproofed windows can mean the difference between life and death for children. Parents understandably often prefer not contemplate this but your forethought can save your children from injury or worse.
Labels: child safety, fall
According to a report from Transportation for America, Atlanta ranks as one of the top 10 most dangerous cities for pedestrians. Atlanta comes in at number 10.
Here is the full list of the Top 10 Most Dangerous Cities for Pedestrians:
1. Orlando - Kissimmee, FL
2. Tampa - St. Petersburg-Clearwater, FL
3. Miami - Fort Lauderdale-Pompano Beach, FL
4. Jacksonville, FL
5. Memphis, TN
6. Raleigh - Cary, NC
7. Louisville/Jefferson County, KY-IN
8. Houston - Sugar Land - Baytown, TX
9. Birmingham - Hoover, AL
10. Atlanta - Sandy Springs - Marietta, GA
The above list is based on the Pedestrian Danger Index (PDI), developed by researchers at the Surface Transportation Policy Partnership. The full report, titled “Dangerous by Design: Solving the Epidemic of Preventable Pedestrian Deaths (and Making Great Neighborhoods),” reveals that more than 76,000 Americans have been killed while crossing or walking along a street in the last 15 years. In this decade alone, more than 43,000 Americans have been killed. That’s the equivalent of a jumbo jet going down each month.
Pedestrians account for 11.8 percent of all traffic fatalities. Children, minorities, and the elderly are at increased risk of pedestrian injury and death. The report states that an overwhelming proportion of pedestrian accidents occurred because the roadways were dangerous by design. In other words, they were not designed with pedestrian traffic in mind.
Transportation for America offers the following suggestions for preventing pedestrian deaths and promoting health with safer design:
Traffic calming and street design. Traffic calming includes a host of engineering techniques used to physically alter road design for the purpose of slowing traffic and improving safety for bicyclists and pedestrians. Beyond simply installing sidewalks, these improvements enhance safety through a focus on intersections with features such as pedestrian refuge medians, better road geometry, and signals that give pedestrians a “head start” when crossing roads. Depending on the type of measure implemented and speed reductions achieved, traffic calming has reduced collisions by 20 to 70 percent.
Complete streets. Where traffic calming seeks to improve safety by reducing traffic speeds, Complete Streets policies ensure that future road projects consistently take into account the needs of all users, of all ages and abilities, particularly pedestrians and bicyclists. Complete Streets designs vary from place to place, but they might feature sidewalks, bicycle paths, comfortable bus stops, median islands, frequent crosswalks and pedestrian signals. Both the American Academy of Pediatrics and the Centers for Disease Control and Prevention recently endorsed the adoption of local and statewide Complete Streets policies as a strategy for improving safety and increasing physical activity among children and adults.
Safe Routes to School programs. Safe Routes to School programs take a comprehensive approach to improving safety around schools for children walking and bicycling. The program funds engineering upgrades like sidewalks and crosswalks, improved traffic enforcement and bicycle and pedestrian safety education. The intent is to address parental concerns about traffic dangers and get more children walking and bicycling to school, which improves their physical fitness and health. From a handful of pilot efforts across the country, Safe Routes to School has grown into a federally-funded program providing more than $600 million over five years for thousands of projects nationwide.
Walkable neighborhoods. Walkable communities are safe and inviting for walking and bicycling, while also featuring compact development and a variety of destinations, such as parks and public space and nearby schools, workplaces and other amenities like restaurants and retail facilities. The tools to increase community livability by improving walkability go beyond investing in pedestrian infrastructure, giving residents and visitors convenient destinations they can walk to.
If you or a loved one have been injured or killed in a pedestrian accident, contact an experienced Atlanta personal injury attorney immediately to learn about your legal rights. Call MLN Law at 404-531-9700 to schedule your free consultation.
Here is the full list of the Top 10 Most Dangerous Cities for Pedestrians:
1. Orlando - Kissimmee, FL
2. Tampa - St. Petersburg-Clearwater, FL
3. Miami - Fort Lauderdale-Pompano Beach, FL
4. Jacksonville, FL
5. Memphis, TN
6. Raleigh - Cary, NC
7. Louisville/Jefferson County, KY-IN
8. Houston - Sugar Land - Baytown, TX
9. Birmingham - Hoover, AL
10. Atlanta - Sandy Springs - Marietta, GA
The above list is based on the Pedestrian Danger Index (PDI), developed by researchers at the Surface Transportation Policy Partnership. The full report, titled “Dangerous by Design: Solving the Epidemic of Preventable Pedestrian Deaths (and Making Great Neighborhoods),” reveals that more than 76,000 Americans have been killed while crossing or walking along a street in the last 15 years. In this decade alone, more than 43,000 Americans have been killed. That’s the equivalent of a jumbo jet going down each month.
Pedestrians account for 11.8 percent of all traffic fatalities. Children, minorities, and the elderly are at increased risk of pedestrian injury and death. The report states that an overwhelming proportion of pedestrian accidents occurred because the roadways were dangerous by design. In other words, they were not designed with pedestrian traffic in mind.
Transportation for America offers the following suggestions for preventing pedestrian deaths and promoting health with safer design:
Traffic calming and street design. Traffic calming includes a host of engineering techniques used to physically alter road design for the purpose of slowing traffic and improving safety for bicyclists and pedestrians. Beyond simply installing sidewalks, these improvements enhance safety through a focus on intersections with features such as pedestrian refuge medians, better road geometry, and signals that give pedestrians a “head start” when crossing roads. Depending on the type of measure implemented and speed reductions achieved, traffic calming has reduced collisions by 20 to 70 percent.
Complete streets. Where traffic calming seeks to improve safety by reducing traffic speeds, Complete Streets policies ensure that future road projects consistently take into account the needs of all users, of all ages and abilities, particularly pedestrians and bicyclists. Complete Streets designs vary from place to place, but they might feature sidewalks, bicycle paths, comfortable bus stops, median islands, frequent crosswalks and pedestrian signals. Both the American Academy of Pediatrics and the Centers for Disease Control and Prevention recently endorsed the adoption of local and statewide Complete Streets policies as a strategy for improving safety and increasing physical activity among children and adults.
Safe Routes to School programs. Safe Routes to School programs take a comprehensive approach to improving safety around schools for children walking and bicycling. The program funds engineering upgrades like sidewalks and crosswalks, improved traffic enforcement and bicycle and pedestrian safety education. The intent is to address parental concerns about traffic dangers and get more children walking and bicycling to school, which improves their physical fitness and health. From a handful of pilot efforts across the country, Safe Routes to School has grown into a federally-funded program providing more than $600 million over five years for thousands of projects nationwide.
Walkable neighborhoods. Walkable communities are safe and inviting for walking and bicycling, while also featuring compact development and a variety of destinations, such as parks and public space and nearby schools, workplaces and other amenities like restaurants and retail facilities. The tools to increase community livability by improving walkability go beyond investing in pedestrian infrastructure, giving residents and visitors convenient destinations they can walk to.
If you or a loved one have been injured or killed in a pedestrian accident, contact an experienced Atlanta personal injury attorney immediately to learn about your legal rights. Call MLN Law at 404-531-9700 to schedule your free consultation.
Labels: pedestrian
The U.S. Department of Justice recently released a report detailing statistics about tort bench and jury trials in state courts in 2005. A tort involves one party alleging injury, damage or loss stemming from negligent or intentional acts by another party. According to the report, titled “Tort Bench and Jury Trials in State Courts, 2005,” torts accounted for about 60 percent of the estimated 26,948 tort, contract, and real property cases disposed of by bench or jury trial in state courts of general jurisdiction in 2005.
The report states that during 2005, an estimated 16,397 tort cases were disposed of by bench or jury trial in a national sample of state courts. Juries heard about 90 percent of the cases.
Bench and jury trials together accounted for an estimated 4 percent of all tort depositions in 2005.
Almost 60 percent of tort trials were automobile accident cases, and 15 percent involved medical malpractice claims.
Plaintiffs won about half of all tort trials.
Half of plaintiff winners in tort trials were awarded $24,000 or less in damages.
Punitive damages were sought in 9 percent of tort trials with winning plaintiffs, and the median punitive damage award was $55,000.
In the nation’s 75 most populous counties, the number of tort trials declined by about a third between 1996 and 2005.
In 2005, plaintiffs won 48 percent of all tort trials, including 61 percent of automobile accident trials, 19.4 percent of medical malpractice trials, 38.9 percent of premises liability trials, 50.4 percent of intentional tort trials, and 37.9 percent of product liability trials.
Median awards were $31,000 for all tort trials; $16,000 for automobile accident; $679,000 for medical malpractice; $90,000 for premises liability; $100,000 for intentional tort; and $748,000 for product liability.
Percentage of plaintiffs that won punitive damages was 3.6 percent for all tort trials; 1.6 percent for automobile accident; 2.6 percent for medical malpractice; 0.5 percent for premises liability; 24.3 percent for intentional tort; and 1.3 percent for product liability.
The median length of disposition of the tort case was 23 months for all tort trials; 20 months for automobile accident; 30.7 months for medical malpractice; 24 months for premises liability; 25.3 months for intentional tort; and 30 months for product liability.
It took six days to try the average medical malpractice lawsuit. Asbestos trials lasted an average of 13 days in trial, while other types of product liability cases lasted an average of 7 days.
Judges found for plaintiffs in 56 percent of tort trials, while juries ruled in favor of plaintiffs in 51 percent of tort trials.
In lawsuits involving medical malpractice, non-asbestos product liability, false arrest, or false imprisonment, plaintiffs prevailed less than a quarter of the time.
In Fulton County, Georgia, 52.9 percent of tort trials in state courts were automobile accident; 23.5 were premises liability; 5.9 percent were product liability; and 11.8 percent were medical malpractice.
If you’ve been through negligent or intentional acts by another party, contact an experienced Georgia personal injury lawyer as soon as possible. You may be entitled to compensation. Call MLN Law at 404-531-9700 to schedule a free consultation.
The report states that during 2005, an estimated 16,397 tort cases were disposed of by bench or jury trial in a national sample of state courts. Juries heard about 90 percent of the cases.
Bench and jury trials together accounted for an estimated 4 percent of all tort depositions in 2005.
Almost 60 percent of tort trials were automobile accident cases, and 15 percent involved medical malpractice claims.
Plaintiffs won about half of all tort trials.
Half of plaintiff winners in tort trials were awarded $24,000 or less in damages.
Punitive damages were sought in 9 percent of tort trials with winning plaintiffs, and the median punitive damage award was $55,000.
In the nation’s 75 most populous counties, the number of tort trials declined by about a third between 1996 and 2005.
In 2005, plaintiffs won 48 percent of all tort trials, including 61 percent of automobile accident trials, 19.4 percent of medical malpractice trials, 38.9 percent of premises liability trials, 50.4 percent of intentional tort trials, and 37.9 percent of product liability trials.
Median awards were $31,000 for all tort trials; $16,000 for automobile accident; $679,000 for medical malpractice; $90,000 for premises liability; $100,000 for intentional tort; and $748,000 for product liability.
Percentage of plaintiffs that won punitive damages was 3.6 percent for all tort trials; 1.6 percent for automobile accident; 2.6 percent for medical malpractice; 0.5 percent for premises liability; 24.3 percent for intentional tort; and 1.3 percent for product liability.
The median length of disposition of the tort case was 23 months for all tort trials; 20 months for automobile accident; 30.7 months for medical malpractice; 24 months for premises liability; 25.3 months for intentional tort; and 30 months for product liability.
It took six days to try the average medical malpractice lawsuit. Asbestos trials lasted an average of 13 days in trial, while other types of product liability cases lasted an average of 7 days.
Judges found for plaintiffs in 56 percent of tort trials, while juries ruled in favor of plaintiffs in 51 percent of tort trials.
In lawsuits involving medical malpractice, non-asbestos product liability, false arrest, or false imprisonment, plaintiffs prevailed less than a quarter of the time.
In Fulton County, Georgia, 52.9 percent of tort trials in state courts were automobile accident; 23.5 were premises liability; 5.9 percent were product liability; and 11.8 percent were medical malpractice.
If you’ve been through negligent or intentional acts by another party, contact an experienced Georgia personal injury lawyer as soon as possible. You may be entitled to compensation. Call MLN Law at 404-531-9700 to schedule a free consultation.
Labels: personal injury lawsuits
I recently wrote about Georgia motorcycle wrecks. Today I’d like to address the vital topic of helmet use among motorcyclists. In Georgia, we have a universal helmet law - but I’ve seen plenty of riders without helmets. And not all states have helmet laws. If you know a motorcyclist, talk to him or her about the importance of wearing a helmet.
The National Highway Traffic Safety Administration (NHTSA) release a report on helmet use and motorcycle crash outcomes last month. The report used data from the NHTSA Crash Outcome Data Evaluation System (CODES).
The study examined 104,472 motorcyclists involved in crashes in 18 states in 2003, 2004, and 2005. Researchers used advanced statistical methods to analyzed the data.
The study found that 57 percent of motorcyclists were wearing a helmet at the time of their crash. That’s only slightly more than half! Among the non-helmeted riders, 6.6 percent suffered moderate to severe head or face injury, compared to 5.1 percent of riders wearing helmets.
Traumatic brain injury (TBI) is common in motorcycle accidents, especially among non-helmeted riders. In 21 percent of hospital-treated non-helmeted motorcyclists, TBI occurred. TBI was found in 15 percent of helmeted riders.
Nearly 9 percent of non-helmeted and 7 percent of helmeted hospital-treated motorcyclists received minor to moderate TBI. More than 7 percent of non-helmeted and 4.7 percent of hospital-treated helmeted motorcyclists sustained severe TBI.
Median charges for hospitalized motorcyclists who survived to discharge were 13 times higher for those incurring a TBI compared to those who did not sustain a TBI ($31,979 versus $2,461). Over 85 percent of hospital-treated motorcyclists without a TBI were discharged home, compared to 56 percent of motorcyclists with severe TBI. Motorcyclists admitted to the hospital with TBI were more likely to die, be discharged to rehab, or transferred to a long-term care facility. While 17 percent of all hospital-admitted motorcyclists had TBI, they account for 54 percent of all admitted riders who did not survive.
The study’s logistic regression analysis indicated that helmets significantly reduce the odds of sustaining head or facial injury, TBI, and dying in the hospital.
Further, fatalities increased for the tenth year in a row in 2007. There has also been an increase in motorcycle registrations during this time, but the rate of fatalities exceeds the rate of registrations. The increase in fatalities has been greatest among riders aged 40 and above. These older riders make up about half of all motorcycle crash fatalities. In 1997, motorcyclists over the age of 40 accounted for 33 percent of fatalities, but by 2007, they accounted for 49 percent of fatalities. Riders over the age of 49 account for the largest increase in fatalities.
If you or a loved one have been injured in a motorcycle crash or car wreck and another party may be at fault, contact an experienced Georgia auto accident attorney immediately. You may be entitled to compensation. An experienced attorney will help you get the compensation your deserve. Call MLN Law at 404-531-9700 to schedule a free consultation.
The National Highway Traffic Safety Administration (NHTSA) release a report on helmet use and motorcycle crash outcomes last month. The report used data from the NHTSA Crash Outcome Data Evaluation System (CODES).
The study examined 104,472 motorcyclists involved in crashes in 18 states in 2003, 2004, and 2005. Researchers used advanced statistical methods to analyzed the data.
The study found that 57 percent of motorcyclists were wearing a helmet at the time of their crash. That’s only slightly more than half! Among the non-helmeted riders, 6.6 percent suffered moderate to severe head or face injury, compared to 5.1 percent of riders wearing helmets.
Traumatic brain injury (TBI) is common in motorcycle accidents, especially among non-helmeted riders. In 21 percent of hospital-treated non-helmeted motorcyclists, TBI occurred. TBI was found in 15 percent of helmeted riders.
Nearly 9 percent of non-helmeted and 7 percent of helmeted hospital-treated motorcyclists received minor to moderate TBI. More than 7 percent of non-helmeted and 4.7 percent of hospital-treated helmeted motorcyclists sustained severe TBI.
Median charges for hospitalized motorcyclists who survived to discharge were 13 times higher for those incurring a TBI compared to those who did not sustain a TBI ($31,979 versus $2,461). Over 85 percent of hospital-treated motorcyclists without a TBI were discharged home, compared to 56 percent of motorcyclists with severe TBI. Motorcyclists admitted to the hospital with TBI were more likely to die, be discharged to rehab, or transferred to a long-term care facility. While 17 percent of all hospital-admitted motorcyclists had TBI, they account for 54 percent of all admitted riders who did not survive.
The study’s logistic regression analysis indicated that helmets significantly reduce the odds of sustaining head or facial injury, TBI, and dying in the hospital.
Further, fatalities increased for the tenth year in a row in 2007. There has also been an increase in motorcycle registrations during this time, but the rate of fatalities exceeds the rate of registrations. The increase in fatalities has been greatest among riders aged 40 and above. These older riders make up about half of all motorcycle crash fatalities. In 1997, motorcyclists over the age of 40 accounted for 33 percent of fatalities, but by 2007, they accounted for 49 percent of fatalities. Riders over the age of 49 account for the largest increase in fatalities.
If you or a loved one have been injured in a motorcycle crash or car wreck and another party may be at fault, contact an experienced Georgia auto accident attorney immediately. You may be entitled to compensation. An experienced attorney will help you get the compensation your deserve. Call MLN Law at 404-531-9700 to schedule a free consultation.
Labels: motorcycle safety
In a recent study, Forbes magazine rated the Atlanta metropolitan area as the most toxic metropolitan area in the country. It beat Detroit, Houston, Chicago, Philadelphia and Los Angeles, which all followed Atlanta closely in the ranking, for the top spot on Forbes' list.
Environmental activists lay the blame on weak environmental regulations.
Beyond the image of belching smokestacks, all of these most toxic cities suffer from a host of less obvious environmental threats. Toxins can leech into the soil and ground water from old chemical spills or defunct steel mills. More toxins may leak or be expelled invisibly from industrial complexes, either accidentally or as a matter of business practice. These toxins also often find their way into the water supply.
"We struggle to have strong environmental leadership. For a lot of the chemicals people reported dumping, there are alternatives we should be helping them switch to,” said Jenette Gayer, Environment Georgia policy advocate, in an interview with Forbes.
In this case, high population density may prove to be a blessing in disguise. New York, largest city in the country, did not make the top twenty on Forbes’ list. Unlike sprawling metropolitan centers like Atlanta or Los Angeles, New York has highly efficient systems in place to serve and protect its large, tightly packed population. The subway system, for example, which moves people in high volume with relatively little pollution compared to areas which rely primarily on cars for commuting.
Other cities, like Portland Ore, have been able to avoid the worst of air pollution problems through conscious efforts on the part of city planners. The city has been working for decades to curb urban sprawl, and yet still ranked higher than half the cities surveyed as a result of past development and uncontrolled growth. These current policies are a response to that era.
Once a city has become polluted to such toxic levels, it is neither easy nor cheap to clean up the area and introduce new, greener alternatives to the systems already in place.
Forbes also cited the city’s outlying suburbs as partly to blame for its high toxicity. Suburban cities such as Sandy Springs and Marietta may be major contributors, since both towns contain chemical factories, cement factories, and metal coaters. Environmental change will have to extend to these areas as well, rather than focusing on Atlanta alone.
The Forbes study looked at the nations forty largest metropolitan areas, and according to the magazine, rankings were calculated based on a number of statistics. They counted the number of facilities releasing toxins into the air, the total pounds of certain chemicals released into the environment, the number of days a year where air pollution levels rose above healthy levels, and the number of federally designated clean up sites within the area.
Forbes said of Atlanta, “you'll find southern gentility, a world-class music scene--and 21,000 tons of environmental waste. In spite of its charms, the city's combination of air pollution, contaminated land and atmospheric chemicals makes it the most toxic city in the country.”
Environmental activists lay the blame on weak environmental regulations.
Beyond the image of belching smokestacks, all of these most toxic cities suffer from a host of less obvious environmental threats. Toxins can leech into the soil and ground water from old chemical spills or defunct steel mills. More toxins may leak or be expelled invisibly from industrial complexes, either accidentally or as a matter of business practice. These toxins also often find their way into the water supply.
"We struggle to have strong environmental leadership. For a lot of the chemicals people reported dumping, there are alternatives we should be helping them switch to,” said Jenette Gayer, Environment Georgia policy advocate, in an interview with Forbes.
In this case, high population density may prove to be a blessing in disguise. New York, largest city in the country, did not make the top twenty on Forbes’ list. Unlike sprawling metropolitan centers like Atlanta or Los Angeles, New York has highly efficient systems in place to serve and protect its large, tightly packed population. The subway system, for example, which moves people in high volume with relatively little pollution compared to areas which rely primarily on cars for commuting.
Other cities, like Portland Ore, have been able to avoid the worst of air pollution problems through conscious efforts on the part of city planners. The city has been working for decades to curb urban sprawl, and yet still ranked higher than half the cities surveyed as a result of past development and uncontrolled growth. These current policies are a response to that era.
Once a city has become polluted to such toxic levels, it is neither easy nor cheap to clean up the area and introduce new, greener alternatives to the systems already in place.
Forbes also cited the city’s outlying suburbs as partly to blame for its high toxicity. Suburban cities such as Sandy Springs and Marietta may be major contributors, since both towns contain chemical factories, cement factories, and metal coaters. Environmental change will have to extend to these areas as well, rather than focusing on Atlanta alone.
The Forbes study looked at the nations forty largest metropolitan areas, and according to the magazine, rankings were calculated based on a number of statistics. They counted the number of facilities releasing toxins into the air, the total pounds of certain chemicals released into the environment, the number of days a year where air pollution levels rose above healthy levels, and the number of federally designated clean up sites within the area.
Forbes said of Atlanta, “you'll find southern gentility, a world-class music scene--and 21,000 tons of environmental waste. In spite of its charms, the city's combination of air pollution, contaminated land and atmospheric chemicals makes it the most toxic city in the country.”
Motor Trend reports that the National Highway Traffic Safety Administration (NHTSA) may begin an investigation into a fuel tank defect in 1993 to 2004 Jeep Grand Cherokees. The Center for Auto Safety, a consumer advocacy group, says that more than 250 people have died in fires in accidents involving the defective fuel tank.
Clarence Ditlow, executive director of the Center for Auto Safety Clarence Ditlow signed a petition which reads, “The fuel tank of the Grand Cherokee is plastic and extends below the rear bumper so there is nothing to protect the tank from a direct hit in a rollover or by a vehicle with a low front profile or one lowered by pre-impact braking.”
NHTSA claims that only one death and nine injuries have been related to fuel fires in reported accidents. However, the Center for Auto Safety says that NHTSA files show that between 1992 and 1998 there were 172 Jeep Grand Cherokee crashes involving fires that caused 254 deaths.
The fuel tank is not properly shielded from impact, and the fuel filler neck can be ripped off during an accident and cause a fuel leak, according to the Center for Auto Safety.
Chrysler released a statement which read: “Chrysler group is confident that a study which considered all factors in all collisions - including rear collisions with fire - would show that the 1993 - 2004 Jeep Grand Cherokees perform as well as or better than other vehicles in their class. The 1993 - 2004 Jeep Grand Cherokee meets or exceeds all applicable federal safety standards and has an excellent safety record.”
Then why did the automaker relocate and shield the fuel tank in 2005? This fact strengthens the argument from the Center for Auto Safety. Since the tank was relocated and shielded, there has only been one crash involving a fatal fire, according to the Center for Auto Safety.
The Center for Auto Safety filed the petition for an investigation by the NHTSA in October. If NHTSA begins an investigation, it could affect approximately 3 million Jeep Grand Cherokees. The investigation, if opened, could take years before a ruling is issued on a potential recall.
I don’t understand why automakers don’t place more importance on protecting the fuel tank. After all, gasoline is an explosive substance. For years, GM trucks were manufactured with gas tanks on the side of the truck, outside of the frame rails with no protection. In some cars, including the Ford Crown Victoria, the fuel tank is located behind the rear axle. This can result in terrible fires in rear collision accidents.
If you or a loved one have been injured in a car wreck due to a potentially defective part or reckless behavior on the part of another driver, contact an experienced Atlanta auto wreck attorney as soon as possible. An attorney can advise your of your legal rights and help you get the compensation you deserve. Contact MLN Law at 404-531-9700 to schedule a free consultation.
Clarence Ditlow, executive director of the Center for Auto Safety Clarence Ditlow signed a petition which reads, “The fuel tank of the Grand Cherokee is plastic and extends below the rear bumper so there is nothing to protect the tank from a direct hit in a rollover or by a vehicle with a low front profile or one lowered by pre-impact braking.”
NHTSA claims that only one death and nine injuries have been related to fuel fires in reported accidents. However, the Center for Auto Safety says that NHTSA files show that between 1992 and 1998 there were 172 Jeep Grand Cherokee crashes involving fires that caused 254 deaths.
The fuel tank is not properly shielded from impact, and the fuel filler neck can be ripped off during an accident and cause a fuel leak, according to the Center for Auto Safety.
Chrysler released a statement which read: “Chrysler group is confident that a study which considered all factors in all collisions - including rear collisions with fire - would show that the 1993 - 2004 Jeep Grand Cherokees perform as well as or better than other vehicles in their class. The 1993 - 2004 Jeep Grand Cherokee meets or exceeds all applicable federal safety standards and has an excellent safety record.”
Then why did the automaker relocate and shield the fuel tank in 2005? This fact strengthens the argument from the Center for Auto Safety. Since the tank was relocated and shielded, there has only been one crash involving a fatal fire, according to the Center for Auto Safety.
The Center for Auto Safety filed the petition for an investigation by the NHTSA in October. If NHTSA begins an investigation, it could affect approximately 3 million Jeep Grand Cherokees. The investigation, if opened, could take years before a ruling is issued on a potential recall.
I don’t understand why automakers don’t place more importance on protecting the fuel tank. After all, gasoline is an explosive substance. For years, GM trucks were manufactured with gas tanks on the side of the truck, outside of the frame rails with no protection. In some cars, including the Ford Crown Victoria, the fuel tank is located behind the rear axle. This can result in terrible fires in rear collision accidents.
If you or a loved one have been injured in a car wreck due to a potentially defective part or reckless behavior on the part of another driver, contact an experienced Atlanta auto wreck attorney as soon as possible. An attorney can advise your of your legal rights and help you get the compensation you deserve. Contact MLN Law at 404-531-9700 to schedule a free consultation.
Labels: auto accident, product liability
Parents of students at North Cobb High School in Kennesaw were notified of a student at the school had been diagnosed with pertussis, the bacterial infection more commonly known as the whooping cough.
Several Cobb County elementary schools have also had cases of whooping cough during the last school year. Receiving the vaccination has not been proof against infection as at least some of those infected were vaccinated routinely at a young age.
Whooping cough is a highly contagious disease which poses the greatest risk to young children who have not completed their series of vaccinations yet, and who suffer more greatly from the symptoms of the disease. Older individuals can also suffer from the disease, as the vaccination is only approximately 85 percent effective, and the booster’s effectiveness diminishes with time.
Many people think of the whooping cough the way they think of polio – a historical childhood illness that no longer poses a risk today, but that is simply not the case. Outbreaks of the disease are not uncommon, affecting more than 25,000 people in 2004 according to the American Academy of Pediatrics, more than in any year since the 1950s.
Being aware of the symptoms can help lead to early detection, and hopefully prevent complications.
In teenagers and adults, complications due to the whooping cough are normally mild, though they can include bruised or even broken ribs, and hernias from the violent coughing fits. In infants, however, complications can be much more severe, ranging from ear infections to pneumonia, to seizures and brain damage.
The symptoms of the whooping cough often start out similar to a severe cold or bronchitis. Early signs include runny nose/nasal congestion, sneezing, a dry cough and a mild fever. These then escalate to violent coughing fits, as many as fifteen coughs in a row, which may bring up phlegm, and fatigue from the exertion of coughing.
The cough itself is responsible for the name of the whooping cough. Coughing may be followed by a wheezing inhalation, which sounds like a whoop. This characteristic whooping may be less apparent in small children.
Children with the whooping cough may choke, which can result in their faces turning red or blue.
If caught early, antibiotics can be prescribed for adults. This can lessen the duration and intensity of the disease. If not caught until after severe coughing fits have begun, antibiotics are less effective, though they may still be prescribed.
Infants with whooping cough should be admitted to the hospital. Today, most infants and toddlers recover from the whooping cough without lasting damage, but as long as the infection lasts, there is a danger of complication, particularly in those under six months old. In the hospital, the young child’s breathing can be monitored, and problems which arise can be treated quickly and specifically. While in the hospital, the child will most likely receive IV antibiotics and drugs to prevent airway inflammation.
Contact your doctor if you experience any of these symptoms, or if your child experiences prolonged periods of coughing. Also call your doctor if you or your child has been exposed to the whooping cough, even if they have been vaccinated.
Several Cobb County elementary schools have also had cases of whooping cough during the last school year. Receiving the vaccination has not been proof against infection as at least some of those infected were vaccinated routinely at a young age.
Whooping cough is a highly contagious disease which poses the greatest risk to young children who have not completed their series of vaccinations yet, and who suffer more greatly from the symptoms of the disease. Older individuals can also suffer from the disease, as the vaccination is only approximately 85 percent effective, and the booster’s effectiveness diminishes with time.
Many people think of the whooping cough the way they think of polio – a historical childhood illness that no longer poses a risk today, but that is simply not the case. Outbreaks of the disease are not uncommon, affecting more than 25,000 people in 2004 according to the American Academy of Pediatrics, more than in any year since the 1950s.
Being aware of the symptoms can help lead to early detection, and hopefully prevent complications.
In teenagers and adults, complications due to the whooping cough are normally mild, though they can include bruised or even broken ribs, and hernias from the violent coughing fits. In infants, however, complications can be much more severe, ranging from ear infections to pneumonia, to seizures and brain damage.
The symptoms of the whooping cough often start out similar to a severe cold or bronchitis. Early signs include runny nose/nasal congestion, sneezing, a dry cough and a mild fever. These then escalate to violent coughing fits, as many as fifteen coughs in a row, which may bring up phlegm, and fatigue from the exertion of coughing.
The cough itself is responsible for the name of the whooping cough. Coughing may be followed by a wheezing inhalation, which sounds like a whoop. This characteristic whooping may be less apparent in small children.
Children with the whooping cough may choke, which can result in their faces turning red or blue.
If caught early, antibiotics can be prescribed for adults. This can lessen the duration and intensity of the disease. If not caught until after severe coughing fits have begun, antibiotics are less effective, though they may still be prescribed.
Infants with whooping cough should be admitted to the hospital. Today, most infants and toddlers recover from the whooping cough without lasting damage, but as long as the infection lasts, there is a danger of complication, particularly in those under six months old. In the hospital, the young child’s breathing can be monitored, and problems which arise can be treated quickly and specifically. While in the hospital, the child will most likely receive IV antibiotics and drugs to prevent airway inflammation.
Contact your doctor if you experience any of these symptoms, or if your child experiences prolonged periods of coughing. Also call your doctor if you or your child has been exposed to the whooping cough, even if they have been vaccinated.
Labels: child safety
Last week the Chicago Tribune reported that as many as 2,000 unsafe school buses are still transporting students, even though the bus manufacturer and government safety regulators have known about recalled parts for as long as eight years. According to the Tribune, it has taken officials from the National Highway Traffic Safety Administration (NHTSA) eight years to find the company responsible for the recalled, which are found in small school buses across the country. These smaller buses are often used to transport disabled students.
NHTSA records show that some of the safety problems associated with recalled parts include seat backs that do not meet strength requirements, seat belt anchors that can become detached, and defective wheelchair lifts.
“I’ve never heard of such a thing! These are incredibly significant problems,” said Joan Claybrook, former president of the consumer advocacy group Public Citizen.
NHTSA says that so far no injuries have been linked to the defective parts. However, the NHTSA is not sure where all of the affected buses are located. Transportation Collaborative Inc. (TCI) has agreed to notify its customers that the small buses have parts that have been recalled. TCI representatives claim that another company, U.S. Bus Inc., is at fault for manufacturing the faulty parts However, NHTSA officials say that TCI and U.S. Bus are essentially the same company with different names. As part of its agreement with NHTSA, TCI has until November 23 to alert customer companies about the recalled parts, and they have until September 2010 to complete repairs. TCI must also pay a $20,000 fine.
“It’s less than a slap on the wrist,” said Clarence Ditlow, director of the Center for Auto Safety, who is worried that this case will make other bus companies think that they can stall on issuing recalls.
TCI has not released a list of affected buses - but the Tribune reports that some of them are in Atlanta, owned by Sheltering Arms Early Education and Family Centers. This Atlanta school owns five of the buses and uses them to transport children ages 4 and under. Officials at the school said they never heard about the recalls. Paige McKay Kubik of the education centers said, “We would have responded immediately.”
Since 2001, U.S. Bus has notified NHTSA about 22 recalls. The company was supposed to notify customers and fix the recalled buses in a reasonable time, but it appears that they never did. Normally, recalls take about a year and a half to repair. Eight years is not normal, and bus companies should not be allowed to stall for this excessive length of time.
NHTSA Rae Tyson said, “We don’t know what they have done and what they haven’t done.”
U.S. Bus failed to file some required paperwork with NHTSA. The company was repeatedly fined but never paid. Earlier this year, the agency found the TCI and U.S. Bus show “continuity of ownership, management, personnel, assets and general business operations.” In other words, they’re essentially the same company. The president of TCI did not comment on this story.
Claybrook, who is also former NHTSA chief, said that it took far too long for the agency to follow-up on this problem: “They are just completely off the job, asleep at the wheel.”
How many other unsafe school buses are on Atlanta roads? Hopefully not too many.
If you or a family member have been injured in a bus accident, contact an Atlanta bus accident attorney immediately. If you have questions about your legal rights, call MLN Law at 404-531-9700 to schedule a free consultation.
NHTSA records show that some of the safety problems associated with recalled parts include seat backs that do not meet strength requirements, seat belt anchors that can become detached, and defective wheelchair lifts.
“I’ve never heard of such a thing! These are incredibly significant problems,” said Joan Claybrook, former president of the consumer advocacy group Public Citizen.
NHTSA says that so far no injuries have been linked to the defective parts. However, the NHTSA is not sure where all of the affected buses are located. Transportation Collaborative Inc. (TCI) has agreed to notify its customers that the small buses have parts that have been recalled. TCI representatives claim that another company, U.S. Bus Inc., is at fault for manufacturing the faulty parts However, NHTSA officials say that TCI and U.S. Bus are essentially the same company with different names. As part of its agreement with NHTSA, TCI has until November 23 to alert customer companies about the recalled parts, and they have until September 2010 to complete repairs. TCI must also pay a $20,000 fine.
“It’s less than a slap on the wrist,” said Clarence Ditlow, director of the Center for Auto Safety, who is worried that this case will make other bus companies think that they can stall on issuing recalls.
TCI has not released a list of affected buses - but the Tribune reports that some of them are in Atlanta, owned by Sheltering Arms Early Education and Family Centers. This Atlanta school owns five of the buses and uses them to transport children ages 4 and under. Officials at the school said they never heard about the recalls. Paige McKay Kubik of the education centers said, “We would have responded immediately.”
Since 2001, U.S. Bus has notified NHTSA about 22 recalls. The company was supposed to notify customers and fix the recalled buses in a reasonable time, but it appears that they never did. Normally, recalls take about a year and a half to repair. Eight years is not normal, and bus companies should not be allowed to stall for this excessive length of time.
NHTSA Rae Tyson said, “We don’t know what they have done and what they haven’t done.”
U.S. Bus failed to file some required paperwork with NHTSA. The company was repeatedly fined but never paid. Earlier this year, the agency found the TCI and U.S. Bus show “continuity of ownership, management, personnel, assets and general business operations.” In other words, they’re essentially the same company. The president of TCI did not comment on this story.
Claybrook, who is also former NHTSA chief, said that it took far too long for the agency to follow-up on this problem: “They are just completely off the job, asleep at the wheel.”
How many other unsafe school buses are on Atlanta roads? Hopefully not too many.
If you or a family member have been injured in a bus accident, contact an Atlanta bus accident attorney immediately. If you have questions about your legal rights, call MLN Law at 404-531-9700 to schedule a free consultation.
Labels: school bus safety
Yesterday the U.S. Consumer Product Safety Commission (CPSC) announced a recall of approximately one million Maclaren strollers that were sold between 1999 until the time of the recall. According to TIME magazine, this brand of strollers is popular among the young-urban-professional demographic. The recalled Maclaren strollers are light and upscale, ranging from $100 to $360.
Several different models of Maclaren strollers were recalled The CPSC warns consumers to stop using any single or double umbrella strollers with the word “Maclaren” written on them. At least 12 children have had their fingers amputated after placing them in the hinge where the stroller folds.
“This is a very serious hazard. We know child behavior. We know kids like to explore and sometimes put their fingers in places where they shouldn’t be. But finger amputations that result from using a product that parents expect to be safe is unacceptable,” said Scott Wilson, spokesperson for the CPSC.
Maclaren is offering free hinge covers to protect children’s fingers. You can order the hinge covers from the Maclaren USA website at maclaren.us/recal - but be warned that the site has been slow and overloaded lately because it has been getting so much web traffic.
Charlotte Addison of Maclaren said, “We are working to address the issue. We didn’t anticipate getting the volume that we got today.
You may also call 1-877-688-2326. Again, it may be difficult to get through.
The blogosphere is all atwitter about this recall. One blogger at The Mother Load wrote, “Fingertip amputation? And they had to get to TWELVE cases before they issued a recall?” The search term “Macleren fingertip amputation” is already showing over 37,000 results on Google. Word spreads fast online - and that’s a good thing when it comes to child safety!
Indeed, Pete Blackshaw, a consultant for Nielson Online, reports that new mothers are three times more likely than others to use social media and start blogs. Blackshaw said, “Given the higher order of sensitivity, parents are much more diligent. They want to talk to friends, family and even strangers about their decisions. They’ll go the extra distance.” And they’ll also go the extra distance to warn other parents about dangerous products.
Maclaren USA, a 42-year-old brand originating in Great Britain, has been struggling to keep up with consumer demand for information about the recalled products. It has been difficult to access their website as well as their toll-free number, and TIME reports that the Maclaren Twitter account linked to pages that didn’t exist. A Maclaren Facebook page, however, instructs customers to email their name, address, phone number, stroller model, and stroller VIN number to sales@maclarenbaby.com.
It’s heartening to see such a viral online response to a child safety issue. The Internet continues to take on a greater role in the prevention of child injuries and personal injuries. I’m glad to be a small part of that.
If your child has been injured by a defective product, contact a Georgia personal injury lawyer as soon as possible to ask about your legal rights. Call MLN Law at 404-531-9700 to schedule a free consultation.
Labels: child safety, product liability, product recall
Ford Motor Company thinks so. According to CNN, Ford has announced that it will begin equipping some vehicles with inflatable seat belts to help prevent injuries in automobile accidents.
The inflatable rear seat belts will be available in the next Ford Explorer. They will become available in other vehicles at a later time. The inflatable seat belts contain a an air bag that’s folded like an accordion within the seat belt. During a collision, the bag fills with air.
Ford says that the seat belt’s increased diameter helps to spread the force of impact across a wide surface area, thereby dampening the pressure and reducing the risk of injury. The inflatable safety belt should also help to limit traumatic brain injuries as well as neck and chest injuries by keeping passengers in the upright seated position.
Paul Mascarenas, vice president of engineering and product development at Ford, said, “Ford is pioneering inflatable seat belt technology to help enhance crash safety protection.
The belts inflate in just 40 milliseconds in the event of a crash. Cold compressed gas inflates the bag within the belt. The belt remains inflated for several seconds before air is slowly dispersed through pores in the air bag. The belts were developed over a period of several years with “extensive trial and error,” according to Ford.
Sue Cischke, vice president of sustainability, environmental and safety engineering at ford, said, “This is another unique family technology that builds on our safety leadership.
Ford was the first automobile manufacturing company to introduce the seat belt in 1955. Since then, however, Ford has been criticized for some safety issues. In the 1990s, for instance, auto safety advocates criticized the Ford Explorer because of its high incidence of rollovers.
Perhaps these new inflatable seat belts will mark the beginning of a new reputation for Ford Motor Company.
“It’s a better form of seat belt. There’s no doubt about it. The advantage is similar to an airbag, in that it spreads the crash forces over a larger area,” said Clarence Ditlow, executive director of the Center for Auto Safety.
According to Ford, research shows that the inflatable seat belts not only offer enhanced safety but they’re also just as comfortable or more comfortable than standard seat belts. The auto company hopes that the improved comfort will motivate more back seat passengers to use seat belts. National Highway Traffic Safety Administration (NHTSA) statistics show that only 61 percent of rear seat passengers use seat belts, compared to 82 percent of passengers in the front seat.
“Part of the slowness in getting inflatable belts into the market has been the low rate of belt use in the past,” said Adrian Lund, president of the Insurance Institute for Highway Safety. Lund hopes that the inflatable seat belts will encourage more people to buckle up.
If you or a loved one have been injured in an auto accident, contact an experienced Georgia auto accident attorney as soon as possible. Call MLN Law at 404-531-9700 to schedule a free consultation.
The inflatable rear seat belts will be available in the next Ford Explorer. They will become available in other vehicles at a later time. The inflatable seat belts contain a an air bag that’s folded like an accordion within the seat belt. During a collision, the bag fills with air.
Ford says that the seat belt’s increased diameter helps to spread the force of impact across a wide surface area, thereby dampening the pressure and reducing the risk of injury. The inflatable safety belt should also help to limit traumatic brain injuries as well as neck and chest injuries by keeping passengers in the upright seated position.
Paul Mascarenas, vice president of engineering and product development at Ford, said, “Ford is pioneering inflatable seat belt technology to help enhance crash safety protection.
The belts inflate in just 40 milliseconds in the event of a crash. Cold compressed gas inflates the bag within the belt. The belt remains inflated for several seconds before air is slowly dispersed through pores in the air bag. The belts were developed over a period of several years with “extensive trial and error,” according to Ford.
Sue Cischke, vice president of sustainability, environmental and safety engineering at ford, said, “This is another unique family technology that builds on our safety leadership.
Ford was the first automobile manufacturing company to introduce the seat belt in 1955. Since then, however, Ford has been criticized for some safety issues. In the 1990s, for instance, auto safety advocates criticized the Ford Explorer because of its high incidence of rollovers.
Perhaps these new inflatable seat belts will mark the beginning of a new reputation for Ford Motor Company.
“It’s a better form of seat belt. There’s no doubt about it. The advantage is similar to an airbag, in that it spreads the crash forces over a larger area,” said Clarence Ditlow, executive director of the Center for Auto Safety.
According to Ford, research shows that the inflatable seat belts not only offer enhanced safety but they’re also just as comfortable or more comfortable than standard seat belts. The auto company hopes that the improved comfort will motivate more back seat passengers to use seat belts. National Highway Traffic Safety Administration (NHTSA) statistics show that only 61 percent of rear seat passengers use seat belts, compared to 82 percent of passengers in the front seat.
“Part of the slowness in getting inflatable belts into the market has been the low rate of belt use in the past,” said Adrian Lund, president of the Insurance Institute for Highway Safety. Lund hopes that the inflatable seat belts will encourage more people to buckle up.
If you or a loved one have been injured in an auto accident, contact an experienced Georgia auto accident attorney as soon as possible. Call MLN Law at 404-531-9700 to schedule a free consultation.
Labels: auto accident, avoiding personal injury
Every year, untold numbers of Americans suffer from complications due to toxic or poorly designed products. While it sounds like a conspiracy theory, many corporations knowingly distribute flawed products when the financial motivation is great enough. The ethical implications have often proven insufficient to keep tainted medications, contaminated food and dangerous technology from reaching the public.
For a careful consumer, the internet provides a number of resources which can prove useful to understanding product risks. For example, The American Association for Justice provides a pamphlet which outlines a number of incidents where executives were well aware of the risks inherit in their products, and yet failed to act in any way to protect their customers.
Take the example of Propulsid, a prescription heartburn medication produced by Johnson & Johnson. Between 1993 and 1998, Johnson and Johnson made over a billion dollars on this product. By early 1995, it was already apparent that this drug was related to severe heart problems in some patients, and that it posed a particular risk to children. The Food and Drug Administration received growing numbers of reports of serious heart problems within the eighteen months hat followed. Federal regulators refused to clear the drug for pediatric sales – a warning which was not made public.
Johnson & Johnson agreed not to market Propulsid to children because of the increased chance of serious side effects, however they side stepped this agreement under the guise of educational efforts. These so-called educational efforts were, in fact, nothing more than a method of directing their dangerous product at the pediatric market. Ninety percent of the companies sales of cherry flavored Propulsid went to children, a fact of which documentation would show executives were well aware.
Lawsuits on behalf of injured patients would also show that Johnson & Johnson also avoided doing studies recommended by federal regulators, and that they suppressed the results of other studies which may have warned physicians of the dangers of their drug.
Gage Stevens was a three month old admitted to Pittsburg Children’s hospital with heartburn, diarrhea, frequent crying and vomiting. A specialist there saw him and recommended Propulsid for his condition. Gage died six months later of a heart arrhythmia. He was not alone. Before Johnson & Johnson finally removed Propulsid from the market in 2000, after two years of rejecting proposed changes to the product’s warnings and marketing, three hundred people had died of Propulsid. Sixteen thousand were injured.
Among one of the Johnson & Johnson’s executives’ notes was written, “Do we want to stand in front of the world and admit we were never able to prove efficiency!”
In 2000, the FDA was no longer able to ignore the consequences of Propulsid’s use. Rather than addressing the mounting safety concerns surrounding the drug, Johnson & Johnson announced that they would no longer be selling Propulsid.
If you or a loved one has been injured by any prescription drug, contact an experienced Atlanta personal injury attorney as soon as possible. Call MLN Law at 404-531-9700 to schedule a free consultation.
For a careful consumer, the internet provides a number of resources which can prove useful to understanding product risks. For example, The American Association for Justice provides a pamphlet which outlines a number of incidents where executives were well aware of the risks inherit in their products, and yet failed to act in any way to protect their customers.
Take the example of Propulsid, a prescription heartburn medication produced by Johnson & Johnson. Between 1993 and 1998, Johnson and Johnson made over a billion dollars on this product. By early 1995, it was already apparent that this drug was related to severe heart problems in some patients, and that it posed a particular risk to children. The Food and Drug Administration received growing numbers of reports of serious heart problems within the eighteen months hat followed. Federal regulators refused to clear the drug for pediatric sales – a warning which was not made public.
Johnson & Johnson agreed not to market Propulsid to children because of the increased chance of serious side effects, however they side stepped this agreement under the guise of educational efforts. These so-called educational efforts were, in fact, nothing more than a method of directing their dangerous product at the pediatric market. Ninety percent of the companies sales of cherry flavored Propulsid went to children, a fact of which documentation would show executives were well aware.
Lawsuits on behalf of injured patients would also show that Johnson & Johnson also avoided doing studies recommended by federal regulators, and that they suppressed the results of other studies which may have warned physicians of the dangers of their drug.
Gage Stevens was a three month old admitted to Pittsburg Children’s hospital with heartburn, diarrhea, frequent crying and vomiting. A specialist there saw him and recommended Propulsid for his condition. Gage died six months later of a heart arrhythmia. He was not alone. Before Johnson & Johnson finally removed Propulsid from the market in 2000, after two years of rejecting proposed changes to the product’s warnings and marketing, three hundred people had died of Propulsid. Sixteen thousand were injured.
Among one of the Johnson & Johnson’s executives’ notes was written, “Do we want to stand in front of the world and admit we were never able to prove efficiency!”
In 2000, the FDA was no longer able to ignore the consequences of Propulsid’s use. Rather than addressing the mounting safety concerns surrounding the drug, Johnson & Johnson announced that they would no longer be selling Propulsid.
If you or a loved one has been injured by any prescription drug, contact an experienced Atlanta personal injury attorney as soon as possible. Call MLN Law at 404-531-9700 to schedule a free consultation.
Labels: consumer products, product liability
The American Motorcycle Association (AMA) reports that the Georgia State Patrol and Governor’s Office of Highway Safety has announced a new safety education program to reduce the number of motorcycle accidents across the state.
Commanding Officer of the Georgia State Patrol Major Mark McDonough said, ‘Despite an overall reduction in the number of traffic deaths across the state over the past few years, the number of motorcyclists killed in traffic crashes continues to rise and this safety initiative is one component of our combined efforts to educate not only motorcycle operators but other drivers as well.”
Georgia State Troopers assigned to the Safety Education Unit will immediately start to incorporate motorcycle safety information in presentations at schools, civic clubs, and other locations. The motorcycle safety program is also being offered at military facilities across Georgia.
The safety education program was developed by the Georgia State Patrol in conjunction with the Governor’s Office of Highway Safety (GOHS).
“Now more than ever, it is essential that we keep our eyes on the prize when it comes to motorcycle safety,” said Deputy Director of GOHS Spencer Moore, who stressed that education is key. “Unfortunately, Georgia has experienced a steady increase in motorcycle fatalities in recent years. Just in 2007, 162 motorcyclists died on Georgia roads, and another 3,334 were injured. I know that with the help of the rider groups, law enforcement agencies across the state and other traffic safety organizations, we can make those numbers go down.”
The number of motorcycles registered in Georgia has been increasing since 2005, when gas prices began to increase after Hurricane Katrina. Major McDonough said, “Educating all drivers is the foundation to build a program that will reduce the number of deaths on our roads. Our goal is to make all drivers aware of motorcyclists and educate motorcyclists on the safe operation of the vehicle.”
The Georgia Department of Driver Services offers a motorcycle training course that’s available at select locations.
“Of course a major component of keeping all of our motorcycle enthusiasts safe on Georgia roads is making sure we all enroll in the Motorcycle Safety Foundation training offered by DDS,” said Moore. “With a motorcycle endorsement on their driver’s license, all enthusiasts will have the best chance of staying safe.”
To schedule a motorcycle safety presentation for a school or community group, contact the Georgia State Patrol Safety Education Unit at 770-229-3422.
Over the past few years, I have certainly noticed more motorcycles around Atlanta – and I’ve also noticed more reckless driving on the part of motorcyclists. Every time I see a motorcycle speed past me on the road, I wish that I could show the motorcyclist some of the accident photos I’ve seen – like the photos I posted on this blog earlier today. Motorcyclists and other drivers alike must remember that motorcyclists are at increased risk of death and serious injury from auto accidents.
If you’ve been injured in an accident caused by a reckless driver, contact an experienced Atlanta auto accident lawyer as soon as possible. Call MLN Law at 404-531-9700 to schedule your free consultation.
Commanding Officer of the Georgia State Patrol Major Mark McDonough said, ‘Despite an overall reduction in the number of traffic deaths across the state over the past few years, the number of motorcyclists killed in traffic crashes continues to rise and this safety initiative is one component of our combined efforts to educate not only motorcycle operators but other drivers as well.”
Georgia State Troopers assigned to the Safety Education Unit will immediately start to incorporate motorcycle safety information in presentations at schools, civic clubs, and other locations. The motorcycle safety program is also being offered at military facilities across Georgia.
The safety education program was developed by the Georgia State Patrol in conjunction with the Governor’s Office of Highway Safety (GOHS).
“Now more than ever, it is essential that we keep our eyes on the prize when it comes to motorcycle safety,” said Deputy Director of GOHS Spencer Moore, who stressed that education is key. “Unfortunately, Georgia has experienced a steady increase in motorcycle fatalities in recent years. Just in 2007, 162 motorcyclists died on Georgia roads, and another 3,334 were injured. I know that with the help of the rider groups, law enforcement agencies across the state and other traffic safety organizations, we can make those numbers go down.”
The number of motorcycles registered in Georgia has been increasing since 2005, when gas prices began to increase after Hurricane Katrina. Major McDonough said, “Educating all drivers is the foundation to build a program that will reduce the number of deaths on our roads. Our goal is to make all drivers aware of motorcyclists and educate motorcyclists on the safe operation of the vehicle.”
The Georgia Department of Driver Services offers a motorcycle training course that’s available at select locations.
“Of course a major component of keeping all of our motorcycle enthusiasts safe on Georgia roads is making sure we all enroll in the Motorcycle Safety Foundation training offered by DDS,” said Moore. “With a motorcycle endorsement on their driver’s license, all enthusiasts will have the best chance of staying safe.”
To schedule a motorcycle safety presentation for a school or community group, contact the Georgia State Patrol Safety Education Unit at 770-229-3422.
Over the past few years, I have certainly noticed more motorcycles around Atlanta – and I’ve also noticed more reckless driving on the part of motorcyclists. Every time I see a motorcycle speed past me on the road, I wish that I could show the motorcyclist some of the accident photos I’ve seen – like the photos I posted on this blog earlier today. Motorcyclists and other drivers alike must remember that motorcyclists are at increased risk of death and serious injury from auto accidents.
If you’ve been injured in an accident caused by a reckless driver, contact an experienced Atlanta auto accident lawyer as soon as possible. Call MLN Law at 404-531-9700 to schedule your free consultation.
Labels: motorcycle accident, motorcycle safety
Two California drivers have filed a class action lawsuit against Toyota over design defects that allegedly caused over 2,000 incidents where Toyota and Lexus cars to suddenly accelerated to high speeds. These Toyota acceleration problems have resulted in 16 deaths and 243 injuries.
Seong Bae Choi and Chris Chan Park of Los Angeles filed the lawsuit in Riverside County Superior Court. Choi owns a 2004 Camry, while Park owns a 2008 FJ Cruiser. Both drivers have experienced sudden acceleration problems.
Toyota previously issued a recall involving 3.8 million vehicles, claiming that defective floor mats could cause the acceleration pedal to get stuck. However, this class action lawsuit alleges that a throttle control system defect is also behind the acceleration problems. The plaintiffs say that the electronic throttle control system, ETCS-i, has caused at least some of the accidents. The plaintiffs allege that the original design included a safety feature to prevent sudden acceleration but that the company decided to produce cars without the safety feature beginning in 2001. The class action lawsuit calls for a recall of all affected models with defective ETCS-i systems.
The National Highway Traffic Safety Administration (NHTSA) previously reported that the floor mats accounted for the acceleration problems and that they did not find an electronic problems. However, the NHTSA recently said that this matter is not closed. A recent NHTSA statement announced, “Toyota has announced a safety recall involving 3.8 million vehicles in which the accelerator pedal may become stuck at high vehicle speeds due to interference by the driver’s side floor mat, which is obviously a very dangerous situation. Toyota has written to vehicle owners stating that it has decided that a safety defect exists in their vehicles and asking owners to remove all floor mats while the company is developing a remedy. We believe consumers should follow Toyota's recommendation to address the most immediate safety risk. However, removal of the mats is simply an interim measure, not a remedy of the underlying defect in the vehicles. NHTSA is discussing with Toyota what the appropriate vehicle remedy or remedies will be. This matter is not closed until Toyota has effectively addressed the vehicle defect by providing a suitable remedy.”
The acceleration problems have gained more press exposure following an accident in California which killed a state trooper and three of his family members. The 911 recording from his brother-in-law in the backseat has been widely played. In this incident, a Lexus accelerated to 120 miles per hour before crashing and bursting into flames. Witnesses reported that the car’s tires were on fire minutes before the accident. This suggests that the driver was hitting the brakes.
If you own a Toyota or Lexus - especially if it was made in 2001 or later - be aware of the acceleration problem. If your car suddenly accelerates, do not turn off the engine. This could cause you to lose power steering. Put your foot on the brake and shift the car into neutral. Keep your eye on the road as the car slows down. Turn off the engine once the vehicle stops.
If you have questions about your legal rights after a car accident, contact an experienced Atlanta auto accident attorney. Call MLN Law at 404-531-9700 to schedule your free consultation.
Seong Bae Choi and Chris Chan Park of Los Angeles filed the lawsuit in Riverside County Superior Court. Choi owns a 2004 Camry, while Park owns a 2008 FJ Cruiser. Both drivers have experienced sudden acceleration problems.
Toyota previously issued a recall involving 3.8 million vehicles, claiming that defective floor mats could cause the acceleration pedal to get stuck. However, this class action lawsuit alleges that a throttle control system defect is also behind the acceleration problems. The plaintiffs say that the electronic throttle control system, ETCS-i, has caused at least some of the accidents. The plaintiffs allege that the original design included a safety feature to prevent sudden acceleration but that the company decided to produce cars without the safety feature beginning in 2001. The class action lawsuit calls for a recall of all affected models with defective ETCS-i systems.
The National Highway Traffic Safety Administration (NHTSA) previously reported that the floor mats accounted for the acceleration problems and that they did not find an electronic problems. However, the NHTSA recently said that this matter is not closed. A recent NHTSA statement announced, “Toyota has announced a safety recall involving 3.8 million vehicles in which the accelerator pedal may become stuck at high vehicle speeds due to interference by the driver’s side floor mat, which is obviously a very dangerous situation. Toyota has written to vehicle owners stating that it has decided that a safety defect exists in their vehicles and asking owners to remove all floor mats while the company is developing a remedy. We believe consumers should follow Toyota's recommendation to address the most immediate safety risk. However, removal of the mats is simply an interim measure, not a remedy of the underlying defect in the vehicles. NHTSA is discussing with Toyota what the appropriate vehicle remedy or remedies will be. This matter is not closed until Toyota has effectively addressed the vehicle defect by providing a suitable remedy.”
The acceleration problems have gained more press exposure following an accident in California which killed a state trooper and three of his family members. The 911 recording from his brother-in-law in the backseat has been widely played. In this incident, a Lexus accelerated to 120 miles per hour before crashing and bursting into flames. Witnesses reported that the car’s tires were on fire minutes before the accident. This suggests that the driver was hitting the brakes.
If you own a Toyota or Lexus - especially if it was made in 2001 or later - be aware of the acceleration problem. If your car suddenly accelerates, do not turn off the engine. This could cause you to lose power steering. Put your foot on the brake and shift the car into neutral. Keep your eye on the road as the car slows down. Turn off the engine once the vehicle stops.
If you have questions about your legal rights after a car accident, contact an experienced Atlanta auto accident attorney. Call MLN Law at 404-531-9700 to schedule your free consultation.
Labels: auto accident, product liability
You may not see be able to see the motorcycle in this picture. At first glance, it is nearly invisible
From a different angle, the circumstances become more evident.
The driver of the Honda motorcycle was going 85mph when the Volkswagen pulled out in front of him from a side street. She was talking on her cell phone and apparently did not see him. At that speed, he did not have the time to react to stop before he collided with the car. His motorcycle went through the windshield with enough force to flip the car entirely and send it flying through the air. All of the participants in this accident, both drivers and a single passenger in the Volkswagen, were killed instantly in the crash.
The dangers of driving while distracted are no new revelation on this blog or in the news. Numerous studies have examined the dangers of speaking on the phone while driving, and found that cell phones – both hand held and hands free varieties – significantly impair driving performance. In some cases, the level of impairment has been shown similar to driving at the legal blood alcohol limit of 0.08 percent. Every day, more than 800,000 drivers use their handheld cell phones.
Texting while driving is considered “incompatible with safe driving” by the CTIA-Wireless Association, and for good reason. But while the danger of texting while driving seems as though it ought to be obvious, an estimated 20 percent of drivers drive while texting, and an estimated 66 percent of drivers between the ages of 18 and 24.
While the actual incidence of distracted driving is difficult to accurately measure, driver distraction was reported to have been a factor in 16 percent of fatal crashes in 2008, as recorded in the Fatality Analysis Reporting System.
In 2008, an approximate 515,000 people were injured as a result of distracted driving according to the police, and 5,870 people were killed. The actual number is possibly much higher.
Cell phones are the single most common cause of distraction in drivers on the road today, more common that drowsiness, eating, GPS or any other cause of driver inattention. At the same time, an ever more robust body of evidence suggests that they are one of the greatest dangers on the road, leading to drivers up to four times more likely to have a traffic accident. Beyond that, we have graphic reminders such as the above pictures to remind us viscerally of the horrific outcome when the inevitable happens and driving in a constant state of distraction leads to a fatal accident.
While laws are in place in some states, like California, to prevent drivers from using hand held cell phones, hands free varieties are still common and only 18 states and the District of Columbia outlaw texting while driving. It is important to remember the danger this technology represents. The only safe way to drive is with cell phones put away.
If you have been injured by someone driving while using their cell phone or otherwise distracted, it is important to talk to an experienced lawyer as soon as possible. Call (404) 531-9700 to schedule your free consultation at MLN Law.
Labels: cell phone, distracted drivers, driving and texting
The family of Charla Nash has filed notice to sue the state of Connecticut for $150 million, according to Claims Journal. They claim that state officials failed to prevent the chimpanzee attack that blinded Nash. Attorneys for the Nash family filed notice with the state Office of Claims Commissioner.
In February, a 200-pound chimpanzee named Travis attacked Nash after the owner asked Nash to help lure the chimpanzee back home The chimp ripped of Nash’s hands, nose, lips, and eyelids. She remains in the hospital in stable condition at the Cleveland Clinic in Ohio.
According to the family, a biologist from the Department of Environmental Protection had warned state officials that the chimpanzee could seriously injure someone if he felt threatened. The biologist noted that the chimpanzee was large and strong.
Matt Newman, attorney for the Nash family, said, “We believe the evidence will show that the state, acting through the Department of Environmental Protection, failed to adequately address a serious public safety issue that resulted in tragic consequences for our client.”
The attorney general for the state, Richard Blumenthal, said that his office is reviewing the claim and that although he has sympathy for the family in this “horrific tragedy,” the lawsuit “seems unprecedented in size.” The state of Connecticut currently has a $624 million deficit.
The Nash family has already filed a $50 million lawsuit against the chimpanzee’s owner, Sandra Herold. Herold’s attorney has said that the attack was work-related and that the case should be treated as a workers’ compensation claim. This would protect Herold from personal liability.
Travis, the chimpanzee, was shot and killed by police after he attempted to attack an officer who responded to the Nash incident. Interestingly, test results showed that the 14-year-old chimp had Xanax in his system.
In 2003, Travis led police on an extended chase through a downtown area after escaping from Herold’s car.
“The DEP had information for at least five years that would have permitted that agency to have removed Travis from its residence,” pointed out Nash’s attorneys. “If the DEP had acted prudently, Charla Nash would not have been devastatingly injured.”
The state commissioner may recommend an award to the legislature or grant the family authorization to sue in state court. The commissioner may also deny the Nash family’s request to seek damages from the state. In this case, the family could appeal to the legislature. The state of Connecticut cannot be held liable in legal action for any damage or injury it causes without its prior consent.
This case underscores the need for more strict laws against the ownership of dangerous, exotic animals. However, even pets such as dogs can cause horrific personal injuries. Owners may be held liable for personal injuries caused by their pets. In some cases, other parties such as businesses and government bodies may be held liable if the evidence shows that their negligence lead to the injury.
If negligence has caused you to suffer from a personal injury, contact an experienced Atlanta, Georgia personal injury lawyer as soon as possible. Call MLN Law at 404-531-9700 to schedule a free consultation.
In February, a 200-pound chimpanzee named Travis attacked Nash after the owner asked Nash to help lure the chimpanzee back home The chimp ripped of Nash’s hands, nose, lips, and eyelids. She remains in the hospital in stable condition at the Cleveland Clinic in Ohio.
According to the family, a biologist from the Department of Environmental Protection had warned state officials that the chimpanzee could seriously injure someone if he felt threatened. The biologist noted that the chimpanzee was large and strong.
Matt Newman, attorney for the Nash family, said, “We believe the evidence will show that the state, acting through the Department of Environmental Protection, failed to adequately address a serious public safety issue that resulted in tragic consequences for our client.”
The attorney general for the state, Richard Blumenthal, said that his office is reviewing the claim and that although he has sympathy for the family in this “horrific tragedy,” the lawsuit “seems unprecedented in size.” The state of Connecticut currently has a $624 million deficit.
The Nash family has already filed a $50 million lawsuit against the chimpanzee’s owner, Sandra Herold. Herold’s attorney has said that the attack was work-related and that the case should be treated as a workers’ compensation claim. This would protect Herold from personal liability.
Travis, the chimpanzee, was shot and killed by police after he attempted to attack an officer who responded to the Nash incident. Interestingly, test results showed that the 14-year-old chimp had Xanax in his system.
In 2003, Travis led police on an extended chase through a downtown area after escaping from Herold’s car.
“The DEP had information for at least five years that would have permitted that agency to have removed Travis from its residence,” pointed out Nash’s attorneys. “If the DEP had acted prudently, Charla Nash would not have been devastatingly injured.”
The state commissioner may recommend an award to the legislature or grant the family authorization to sue in state court. The commissioner may also deny the Nash family’s request to seek damages from the state. In this case, the family could appeal to the legislature. The state of Connecticut cannot be held liable in legal action for any damage or injury it causes without its prior consent.
This case underscores the need for more strict laws against the ownership of dangerous, exotic animals. However, even pets such as dogs can cause horrific personal injuries. Owners may be held liable for personal injuries caused by their pets. In some cases, other parties such as businesses and government bodies may be held liable if the evidence shows that their negligence lead to the injury.
If negligence has caused you to suffer from a personal injury, contact an experienced Atlanta, Georgia personal injury lawyer as soon as possible. Call MLN Law at 404-531-9700 to schedule a free consultation.
Labels: animal attack
The Duluth News Tribune reports that a St. Louis County jury in Minnesota has awarded a $1.25 million verdict to the family of a 21-month-old boy who died in January 2008 after his doctor failed to diagnose appendicitis.
The attorney for the family argued that Dr. Kevin G. Krause was seeing too many patients and was not spending enough time on the diagnosis of each patient. The attorney convinced the jury that Dr. Krause was negligent in treating 21-month-old Andrew Morrow and directly responsible for the boy’s death.
Morrow died on January 31, 2008, and the St. Louis County medical examiner Dr. Thomas Uncini determined that the cause of death was gangrenous appendicitis. The boy had a blood stream infection and shock because his appendix had leaked bacteria into his abdomen.
Morrow family attorney Terry Wade said, “The family is grateful that the jury found that truth and by their verdict recognized what a wonderful boy Andrew was and what a wonderful man everyone expected him to become. Neither this jury nor any jury could give the family what they really wanted: their wonderful son back. Nobody in the courtroom would ever doubt the enormous pain this family suffered every single day.”
Dr. Krause could not be reached for comment after the verdict was announced. He is a specialist in pediatrics at the Mesaba Clinic in Hibbing, Minnesota.
Wade reported that Adrew Morrow was misdiagnosed twice by Dr. Krause within four days. The toddler was misdiagnosed with the flu and later with gastroenteritis. Morrow’s father said that the boy had cried loudly when Dr. Krause examined his abdomen. Although this pain is common with appendicitis, Dr. Krause told Morrow’s father that the boy’s appendix was fine. Dr. Krause did not conduct an ultrasound or CT scan to check the appendix. According to wade, either one of these tests would have likely revealed the problem with the appendix.
Evidence presented during the trial showed that Dr. Krause scheduled pediatric patients in 10-minute increments. The initial diagnosis of influenza was made of the phone, and the family was actually discouraged from bringing their son into the clinic. On that day, Dr. Krause was scheduled to see around 45 children.
As an expert witness, Dr. William Bonadio concluded that the boy’s appendicitis would have been detected if a proper examination had been carried out, and that this would have prevented his death.
Sadly, many physicians have similar schedules, and flu season will only make their schedules more hectic. If you have children, consider taking them to a health clinic to get flu shots. This could very well improve their health as well as that of children. When your child visit’s the doctor, pay close attention to what the doctor does and says. If something seems amiss, get a second opinion.
If you or a family member has been injured by medical malpractice, contact an Atlanta medical malpractice attorney immediately. Call MLN Law at 404-531-9700 to schedule a free consultation.
The attorney for the family argued that Dr. Kevin G. Krause was seeing too many patients and was not spending enough time on the diagnosis of each patient. The attorney convinced the jury that Dr. Krause was negligent in treating 21-month-old Andrew Morrow and directly responsible for the boy’s death.
Morrow died on January 31, 2008, and the St. Louis County medical examiner Dr. Thomas Uncini determined that the cause of death was gangrenous appendicitis. The boy had a blood stream infection and shock because his appendix had leaked bacteria into his abdomen.
Morrow family attorney Terry Wade said, “The family is grateful that the jury found that truth and by their verdict recognized what a wonderful boy Andrew was and what a wonderful man everyone expected him to become. Neither this jury nor any jury could give the family what they really wanted: their wonderful son back. Nobody in the courtroom would ever doubt the enormous pain this family suffered every single day.”
Dr. Krause could not be reached for comment after the verdict was announced. He is a specialist in pediatrics at the Mesaba Clinic in Hibbing, Minnesota.
Wade reported that Adrew Morrow was misdiagnosed twice by Dr. Krause within four days. The toddler was misdiagnosed with the flu and later with gastroenteritis. Morrow’s father said that the boy had cried loudly when Dr. Krause examined his abdomen. Although this pain is common with appendicitis, Dr. Krause told Morrow’s father that the boy’s appendix was fine. Dr. Krause did not conduct an ultrasound or CT scan to check the appendix. According to wade, either one of these tests would have likely revealed the problem with the appendix.
Evidence presented during the trial showed that Dr. Krause scheduled pediatric patients in 10-minute increments. The initial diagnosis of influenza was made of the phone, and the family was actually discouraged from bringing their son into the clinic. On that day, Dr. Krause was scheduled to see around 45 children.
As an expert witness, Dr. William Bonadio concluded that the boy’s appendicitis would have been detected if a proper examination had been carried out, and that this would have prevented his death.
Sadly, many physicians have similar schedules, and flu season will only make their schedules more hectic. If you have children, consider taking them to a health clinic to get flu shots. This could very well improve their health as well as that of children. When your child visit’s the doctor, pay close attention to what the doctor does and says. If something seems amiss, get a second opinion.
If you or a family member has been injured by medical malpractice, contact an Atlanta medical malpractice attorney immediately. Call MLN Law at 404-531-9700 to schedule a free consultation.
Labels: medical malpractice, wrongful death
Federal Judge Eldon E. Fallon has announced the Knauf Plasterboard (KPT), a Chinese drywall manufacturer implicated in recent defective drywall complaints, has accepted service of process in an omnibus class action complaint. This allows claimants with KPT drywall in their home to consolidate their claims into one class action lawsuit. It’s a major breakthrough for the thousands of homeowners affected by the defective drywall. Individual homeowners will not have to pay the standard $15,000 fee for each lawsuit filed in the court. However, the homeowners must submit proof that their home has been contaminated by the defective drywall and secure an attorney to represent them by December 2, 2009.
All federal litigation in regard to the defective drywall has been consolidated MDL 2047 multidistrict litigation in the United States District Court for the Eastern District of Louisiana before Judge Fallon. The first trial is scheduled for January 2010 in New Orleans.
Up until this point, each claimant had to pay approximately $15,000 per lawsuit per the Hague Convention. This fee is for the translation of legal documents into Chinese and also allows for the documents to be presented to authorities in China to obtain service on the Chinese drywall manufacturer. The waiver of the Hague Convention is unprecedented. In the past, it has been a major obstacle for litigants who wanted to file litigation against international companies.
Attorney Arnold Levin of Levin, Fishbein, Sedran & Berman, plaintiff’s lead counsel for all Chinese drywall cases, commented, “This agreement is the equivalent of an invitation to all claimants that were reluctant before to get their claims on record without the hassle, delay or expense of service through the Hague.”
The agreement will make the legal process easier and more efficient for those whose homes have been contaminated with toxic Chinese drywall. According to a press release from Levin, Fishbein, Sedran & Berman, the court order provides that KPT will accept service of process and waive its express rights under the Hague Convention only for homeowner plaintiffs who are named in an omnibus class action complaint to be filed by December 9, 2009 in Chinese Drywall Products Liability Litigation, MDL No. 2047 (E.D. La.). All claimants who wish to be included in this omnibus class action complaint must submit proof that their properties contain KPT manufactured drywall to Plaintiffs' Lead Counsel, Arnold Levin of Levin, Fishbein, Sedran & Berman, 510 Walnut Street, Suite 500, Philadelphia, PA 19106, by December 2, 2009.
The press release also points out that Knauf Plasterboard (Tianjin) Co., Ltd., is alleged to be a subsidiary of the German based Knauf Gips KG and is one of several Chinese companies that has been accused of manufacturing and importing defective drywall from China into the U.S. Between 60,000 and 100,000 U.S. homes have been built using the defective drywall between 2004 and 2008. The defective, toxic Chinese drywall has been associated with unpleasant and potentially harmful odors and fumes that corrode metals and appliances.
If you have been injured by a defective product, or if you have questions about your legal rights, contact an experienced Georgia personal injury lawyer. Call MLN Law at 404-531-9700 to schedule a free consultation.
All federal litigation in regard to the defective drywall has been consolidated MDL 2047 multidistrict litigation in the United States District Court for the Eastern District of Louisiana before Judge Fallon. The first trial is scheduled for January 2010 in New Orleans.
Up until this point, each claimant had to pay approximately $15,000 per lawsuit per the Hague Convention. This fee is for the translation of legal documents into Chinese and also allows for the documents to be presented to authorities in China to obtain service on the Chinese drywall manufacturer. The waiver of the Hague Convention is unprecedented. In the past, it has been a major obstacle for litigants who wanted to file litigation against international companies.
Attorney Arnold Levin of Levin, Fishbein, Sedran & Berman, plaintiff’s lead counsel for all Chinese drywall cases, commented, “This agreement is the equivalent of an invitation to all claimants that were reluctant before to get their claims on record without the hassle, delay or expense of service through the Hague.”
The agreement will make the legal process easier and more efficient for those whose homes have been contaminated with toxic Chinese drywall. According to a press release from Levin, Fishbein, Sedran & Berman, the court order provides that KPT will accept service of process and waive its express rights under the Hague Convention only for homeowner plaintiffs who are named in an omnibus class action complaint to be filed by December 9, 2009 in Chinese Drywall Products Liability Litigation, MDL No. 2047 (E.D. La.). All claimants who wish to be included in this omnibus class action complaint must submit proof that their properties contain KPT manufactured drywall to Plaintiffs' Lead Counsel, Arnold Levin of Levin, Fishbein, Sedran & Berman, 510 Walnut Street, Suite 500, Philadelphia, PA 19106, by December 2, 2009.
The press release also points out that Knauf Plasterboard (Tianjin) Co., Ltd., is alleged to be a subsidiary of the German based Knauf Gips KG and is one of several Chinese companies that has been accused of manufacturing and importing defective drywall from China into the U.S. Between 60,000 and 100,000 U.S. homes have been built using the defective drywall between 2004 and 2008. The defective, toxic Chinese drywall has been associated with unpleasant and potentially harmful odors and fumes that corrode metals and appliances.
If you have been injured by a defective product, or if you have questions about your legal rights, contact an experienced Georgia personal injury lawyer. Call MLN Law at 404-531-9700 to schedule a free consultation.
Labels: product liability
The New York Times reports that Phillipa Curtis, 22, cried as she received her 21-month jail sentence for killing another young woman in an auto accident. Curtis ran into the back of Victoria McBryde’s car, which was broken down on the side of the road. The collision killed McBryde, 24, instantly.
Curtis did not have any alcohol in her system. However, her phone showed that she had exchanged nearly two dozen text messages in the hour before the crash. The last incoming text message, which was never opened, was received just seconds before the crash.
The evidence on her phone landed Curtis in jail. The British government considers texting as a serious aggravated factor in “death by driving.” The laws generally recommend four to seven years in prison. The sentence has sparked debate.
Bill Sykes, the police officer in charge of the investigation, said, “She came across as a lovely girl, and I’m sure it wasn’t a nice feeling for the judge to send someone like this to prison - but someone is dead because of a text message.”
McBryde’s mother called the 21-month sentence “unduly lenient.” But not everyone agreed. Gemma Pancoust, cousin of the McBryde, said, “I think Phillipa’s sentence was long enough, as she seemed like such a normal girl. Until Tory’s death I texted while driving, as have most people. I don’t think she realized the danger she was causing.”
In fact, records show that the victim had sent a text message while driving her car shortly before it broke down on the side of the road. Part of McBryde’s vehicle extended into the roadway because there was no shoulder where it broke down. The court case revolved around evidence that Curtis made no effort to brake or swerve to avoid the car. Police demonstrated that it should have been visible from 300 yards back on the highway.
“How could she not see it, given that the night was clear and the car’s lights were on? She was clearly distracted,” said Sykes.
Curtis’ lawyer proved that Curtis had not been sending a text in the moments before the crash. The prosecution argued that, in light of the text conversation, the new message which had arrived seconds before the crash had likely distracted her. This message was never opened, but prosecutors said she was unable to resist trying to do so.
“Since she had read all messages before, she was probably looking to read this one, too,” Sykes said.
Britain has cracked down on texting while driving. Curtis was found guilty and sent to jail even though she was not texting at the time of the accident because the laws regard “reading or composing text messages over a period of time” as a “gross avoidable distraction.” Such behavior falls into the same category as driving under the influence or road racing.
Have you been seriously injured by a distracted driver, or have you lost a loved one in an auto accident? If so, contact an experienced Georgia car wreck lawyer immediately. Call MLN Law at 404-531-9700 to schedule a free consultation.
Curtis did not have any alcohol in her system. However, her phone showed that she had exchanged nearly two dozen text messages in the hour before the crash. The last incoming text message, which was never opened, was received just seconds before the crash.
The evidence on her phone landed Curtis in jail. The British government considers texting as a serious aggravated factor in “death by driving.” The laws generally recommend four to seven years in prison. The sentence has sparked debate.
Bill Sykes, the police officer in charge of the investigation, said, “She came across as a lovely girl, and I’m sure it wasn’t a nice feeling for the judge to send someone like this to prison - but someone is dead because of a text message.”
McBryde’s mother called the 21-month sentence “unduly lenient.” But not everyone agreed. Gemma Pancoust, cousin of the McBryde, said, “I think Phillipa’s sentence was long enough, as she seemed like such a normal girl. Until Tory’s death I texted while driving, as have most people. I don’t think she realized the danger she was causing.”
In fact, records show that the victim had sent a text message while driving her car shortly before it broke down on the side of the road. Part of McBryde’s vehicle extended into the roadway because there was no shoulder where it broke down. The court case revolved around evidence that Curtis made no effort to brake or swerve to avoid the car. Police demonstrated that it should have been visible from 300 yards back on the highway.
“How could she not see it, given that the night was clear and the car’s lights were on? She was clearly distracted,” said Sykes.
Curtis’ lawyer proved that Curtis had not been sending a text in the moments before the crash. The prosecution argued that, in light of the text conversation, the new message which had arrived seconds before the crash had likely distracted her. This message was never opened, but prosecutors said she was unable to resist trying to do so.
“Since she had read all messages before, she was probably looking to read this one, too,” Sykes said.
Britain has cracked down on texting while driving. Curtis was found guilty and sent to jail even though she was not texting at the time of the accident because the laws regard “reading or composing text messages over a period of time” as a “gross avoidable distraction.” Such behavior falls into the same category as driving under the influence or road racing.
Have you been seriously injured by a distracted driver, or have you lost a loved one in an auto accident? If so, contact an experienced Georgia car wreck lawyer immediately. Call MLN Law at 404-531-9700 to schedule a free consultation.
Labels: auto accident, text messaging
By 2025, one quarter of Americans will be considered elderly, according to Peter Kissinger, president and chief executive of the AAA Foundation for traffic safety. This number does not represent the views of a few, or the lack of respect young Americans have for their elders. Rather, it is based on the basic reality that the Baby Boom generation is moving into their golden years. Next year predicts 39 million Americans over the age of sixty-five, and that number is expected to soar to 69 million by 2030.
The American population is living longer than ever, and with the number of people now approaching, old age, we as a people will find ourselves forced to deal with a new set of problems.
Fortunately, there are forces at work to mitigate the potential obstacles faced by both the aging population and those who share the road with them.
The dangers of older drivers are often difficult to face, but very real. As we age, we face the possibility of slowed physical and mental facilities. Our concentration, decision making abilities, night and peripheral vision, and reaction time can all suffer as we age.
As Bella Dinh-Zarr, the North American director of London based non-profit, Make Roads Safe, recognizes that “we may be wiser drivers when we’re older,” but the fact is that the changes that come with that wisdom can also put us at greater risk.
But help will is available. The AAA Foundation has recently announced a new computer program designed specifically for the purpose of helping older drivers retain the skills necessary for safe driving. The software, called Drive Sharp, released in partnership with brain fitness program provider Posit Science, is intended to delay the degeneration associated with aging by retraining the brain.
Drive Sharp uses two interactive exercises to improve a number of important skills, including the ability to track multiple objects, focus, and memory. These skills will help older drivers to navigate the complex and often fast paced situations of everyday driving can present – for example a busy intersection or understanding the flow of congested traffic.
“Most people buy into the ‘use-it-or-lose-it’ philosophy with respect to physical abilities,” said Kissinger about the program. “But the bottom line is, it’s the same thing with the brain – the most important muscle in your body.”
The point is very clear, and fits well with the increasing market of games and activities aimed at older individuals to help retain their mental function. While many of us like to believe that once we attain a skill, it becomes “just like riding a bike,” the fact is that it is not the case. Those capabilities and skills that we do not use regularly atrophy and eventually fade. As difficult as it may be for us to accept at times, understanding this may well allow us to take steps to insure that we can delay the eventuality of giving up driving and all of the independence and freedom it represents. Dinh-Zarr and Kissinger are both optimistic as to this program’s potential to do just that.
The American population is living longer than ever, and with the number of people now approaching, old age, we as a people will find ourselves forced to deal with a new set of problems.
Fortunately, there are forces at work to mitigate the potential obstacles faced by both the aging population and those who share the road with them.
The dangers of older drivers are often difficult to face, but very real. As we age, we face the possibility of slowed physical and mental facilities. Our concentration, decision making abilities, night and peripheral vision, and reaction time can all suffer as we age.
As Bella Dinh-Zarr, the North American director of London based non-profit, Make Roads Safe, recognizes that “we may be wiser drivers when we’re older,” but the fact is that the changes that come with that wisdom can also put us at greater risk.
But help will is available. The AAA Foundation has recently announced a new computer program designed specifically for the purpose of helping older drivers retain the skills necessary for safe driving. The software, called Drive Sharp, released in partnership with brain fitness program provider Posit Science, is intended to delay the degeneration associated with aging by retraining the brain.
Drive Sharp uses two interactive exercises to improve a number of important skills, including the ability to track multiple objects, focus, and memory. These skills will help older drivers to navigate the complex and often fast paced situations of everyday driving can present – for example a busy intersection or understanding the flow of congested traffic.
“Most people buy into the ‘use-it-or-lose-it’ philosophy with respect to physical abilities,” said Kissinger about the program. “But the bottom line is, it’s the same thing with the brain – the most important muscle in your body.”
The point is very clear, and fits well with the increasing market of games and activities aimed at older individuals to help retain their mental function. While many of us like to believe that once we attain a skill, it becomes “just like riding a bike,” the fact is that it is not the case. Those capabilities and skills that we do not use regularly atrophy and eventually fade. As difficult as it may be for us to accept at times, understanding this may well allow us to take steps to insure that we can delay the eventuality of giving up driving and all of the independence and freedom it represents. Dinh-Zarr and Kissinger are both optimistic as to this program’s potential to do just that.
Labels: driver safety, drivers, elderly, reckless driving, safe driving, senior citizens
ABC News reports that Toyota owners across the nation are furious about the car company’s explanation for the “runaway car” accidents caused by sudden acceleration up to speeds of 100 miles per hour. More than 2,000 cases have been reported in which cars accelerated without warning. Cars implicated include the Camry, Prius, and Lexus. Toyota acceleration accidents have caused over 200 accidents and 16 deaths.
Toyota said that the accidents were caused by the floor mats getting stuck under the gas pedals and announced a recall accordingly. Owners, however, tell a different story. They say that it was another type of problem, and they suspect that it is related to a glitch in the electronic system that controls the throttle.
“I’m absolutely certain that in my situation, it was not the floor mats,” said Elizabeth James, who was driving her Prius outside of Denver when it suddenly sped up to 90 miles per hour, even though her foot was pressing down on the brake pedal.
“I kept going faster and faster,” she said. “And all of a sudden, my foot was pressing on the brake super, super hard, and I wasn’t slowing down.”
A statement from Toyota said: “Some news reports suggest there may be other causes of unintended acceleration, speculating about electronic engine control systems, braking performance or electro-magnetic inference among other theories. There is no evidence to support these theories.”
The National Highway Traffic Safety Administration has investigated the acceleration problems in Toyotas, but they have not found any electronic defects. The U.S. Department of Transportation recently said that this matter is not closed and released the following statement: “Toyota has announced a safety recall involving 3.8 million vehicles in which the accelerator pedal may become stuck at high vehicle speeds due to interference by the driver’s side floor mat, which is obviously a very dangerous situation. Toyota has written to vehicle owners stating that it has decided that a safety defect exists in their vehicles and asking owners to remove all floor mats while the company is developing a remedy. We believe consumers should follow Toyota's recommendation to address the most immediate safety risk. However, removal of the mats is simply an interim measure, not a remedy of the underlying defect in the vehicles. NHTSA is discussing with Toyota what the appropriate vehicle remedy or remedies will be. This matter is not closed until Toyota has effectively addressed the vehicle defect by providing a suitable remedy.”
Many Toyota owners believe that an electronic defect is the real problem. Owner Bulent Ezai was driving his Camry in California when it accelerated and drove off a 100 foot cliff into the ocean. “All of a sudden the car surged with force, and I was thrown back to the seat,” Ezai said. He survived, but his wife did not. He remembers hearing his wife screaming just before he blacked out. Toyota says that Ezai accidentally pushed the gas pedal. Ezai says that his foot was “absolutely, positively on the brake.”
You may have heard the 911 call from California Highway patrol officer Mark Saylor’s brother-in-law, who was in the backseat of a Lexus borrowed from a dealership when the car accelerated to more than 100 miles an hour. Saylor was driving, and his wife and daughter were also in the car. In the 911 call, the brother-in-law said, “Our accelerator is stuck. We’re in trouble… There’s no brakes.” He then said they were approaching an intersection. The Lexus hit another car, crashed into an embankment and burst into flames. All four passengers died. Toyota attributed the accident to the floor mats.
If you know of someone injured in one of these accidents or by another defective product, contact an experienced Georgia personal injury lawyer immediately. Call MLN Law at 404-531-9700 to schedule a free consultation.
Toyota said that the accidents were caused by the floor mats getting stuck under the gas pedals and announced a recall accordingly. Owners, however, tell a different story. They say that it was another type of problem, and they suspect that it is related to a glitch in the electronic system that controls the throttle.
“I’m absolutely certain that in my situation, it was not the floor mats,” said Elizabeth James, who was driving her Prius outside of Denver when it suddenly sped up to 90 miles per hour, even though her foot was pressing down on the brake pedal.
“I kept going faster and faster,” she said. “And all of a sudden, my foot was pressing on the brake super, super hard, and I wasn’t slowing down.”
A statement from Toyota said: “Some news reports suggest there may be other causes of unintended acceleration, speculating about electronic engine control systems, braking performance or electro-magnetic inference among other theories. There is no evidence to support these theories.”
The National Highway Traffic Safety Administration has investigated the acceleration problems in Toyotas, but they have not found any electronic defects. The U.S. Department of Transportation recently said that this matter is not closed and released the following statement: “Toyota has announced a safety recall involving 3.8 million vehicles in which the accelerator pedal may become stuck at high vehicle speeds due to interference by the driver’s side floor mat, which is obviously a very dangerous situation. Toyota has written to vehicle owners stating that it has decided that a safety defect exists in their vehicles and asking owners to remove all floor mats while the company is developing a remedy. We believe consumers should follow Toyota's recommendation to address the most immediate safety risk. However, removal of the mats is simply an interim measure, not a remedy of the underlying defect in the vehicles. NHTSA is discussing with Toyota what the appropriate vehicle remedy or remedies will be. This matter is not closed until Toyota has effectively addressed the vehicle defect by providing a suitable remedy.”
Many Toyota owners believe that an electronic defect is the real problem. Owner Bulent Ezai was driving his Camry in California when it accelerated and drove off a 100 foot cliff into the ocean. “All of a sudden the car surged with force, and I was thrown back to the seat,” Ezai said. He survived, but his wife did not. He remembers hearing his wife screaming just before he blacked out. Toyota says that Ezai accidentally pushed the gas pedal. Ezai says that his foot was “absolutely, positively on the brake.”
You may have heard the 911 call from California Highway patrol officer Mark Saylor’s brother-in-law, who was in the backseat of a Lexus borrowed from a dealership when the car accelerated to more than 100 miles an hour. Saylor was driving, and his wife and daughter were also in the car. In the 911 call, the brother-in-law said, “Our accelerator is stuck. We’re in trouble… There’s no brakes.” He then said they were approaching an intersection. The Lexus hit another car, crashed into an embankment and burst into flames. All four passengers died. Toyota attributed the accident to the floor mats.
If you know of someone injured in one of these accidents or by another defective product, contact an experienced Georgia personal injury lawyer immediately. Call MLN Law at 404-531-9700 to schedule a free consultation.
Labels: product liability
Recent studies point to an alarming new trend in fatalities related to DUI’s. Increasingly, drivers are getting into accidents not while under the influence of alcohol (or not alcohol alone), but instead, they are endangering the lives of those around them by driving while impaired by illegal or prescription drugs.
This revelation comes to taint the good news that over all, there has been a decrease in drunk driving.
“While the incidence of drunk driving violations has been on a decline, DUI while drugged is on the rise,” said Mary Rieser, the Executive Director of The Atlanta Recovery Center, Narconon Drug Rehab. "DUI while taking prescription meds or illegal drugs causes impaired judgment and decreased motor skills. Drug abuse and drug addiction cause untold misery in families, jobs, the court systems, and in the open road. Be careful."
In 2005, an estimated 14.1 percent of individuals over the age of twelve had driven while under the influence of either alcohol or an illicit drug. That number dropped in 2006, falling to 13.3 percent. This small improvement is colored by the fact that the 2006 estimate still puts the number of individuals driving while impaired at around 32.8 million a year.
More than 17,000 people were killed in alcohol related traffic accidents in 2006, according to the National Highway Traffic Safety Administration. Studies suggest that between 10 and 22 percent of the drivers involved in these crashes were also using drugs, generally in combination with alcohol.
An estimated 10.2 million, or 4.2 percent, individuals over the age of twelve reported driving under the influence of illicit drugs during the previous year in 2006 according to the National Survey on Drug Use and Health. At similar rate, 4.3 percent, was reported in 2005. This is a slight decrease from 2002, when 4.7 percent of individuals over twelve were estimated to have driven under the influence of drugs. While the decrease may be encouraging, less so is the age at where the rate is highest – among eighteen to twenty-five year olds.
A number of studies have explored the drugged driving phenomenon, and this is not the only one to connect it with a particular age group. In one study, an estimated 7.3 percent of individuals drove under the influence at age sixteen, a number which steadily rises to peak among young adults of twenty-two, whose rate was as high as 31.8 percent. That is not much short of one third of twenty-two year old drivers who report having driven under the influence of drugs or alcohol. A chilling statistic.
A study at a Maryland trauma center found that about 34 percent of patients admitted as the victims of motor vehicle crashes tested positive for tested positive for drugs only, while only 16 percent tested positive for alcohol alone. 9.9 percent, or essentially one in ten, tested positive for both. Among this group, some fifty percent were under the age of eighteen.
Driving under the influence of any substance, be it drugs or alcohol, is obviously a serious concern as it puts driver, passengers and those they share the road with all in danger. These substances affect reaction time and judgment, even in small doses. It is doubly concerning to see so many of the drivers who put themselves and those around them at risk are themselves young and inexperienced on the road.
This revelation comes to taint the good news that over all, there has been a decrease in drunk driving.
“While the incidence of drunk driving violations has been on a decline, DUI while drugged is on the rise,” said Mary Rieser, the Executive Director of The Atlanta Recovery Center, Narconon Drug Rehab. "DUI while taking prescription meds or illegal drugs causes impaired judgment and decreased motor skills. Drug abuse and drug addiction cause untold misery in families, jobs, the court systems, and in the open road. Be careful."
In 2005, an estimated 14.1 percent of individuals over the age of twelve had driven while under the influence of either alcohol or an illicit drug. That number dropped in 2006, falling to 13.3 percent. This small improvement is colored by the fact that the 2006 estimate still puts the number of individuals driving while impaired at around 32.8 million a year.
More than 17,000 people were killed in alcohol related traffic accidents in 2006, according to the National Highway Traffic Safety Administration. Studies suggest that between 10 and 22 percent of the drivers involved in these crashes were also using drugs, generally in combination with alcohol.
An estimated 10.2 million, or 4.2 percent, individuals over the age of twelve reported driving under the influence of illicit drugs during the previous year in 2006 according to the National Survey on Drug Use and Health. At similar rate, 4.3 percent, was reported in 2005. This is a slight decrease from 2002, when 4.7 percent of individuals over twelve were estimated to have driven under the influence of drugs. While the decrease may be encouraging, less so is the age at where the rate is highest – among eighteen to twenty-five year olds.
A number of studies have explored the drugged driving phenomenon, and this is not the only one to connect it with a particular age group. In one study, an estimated 7.3 percent of individuals drove under the influence at age sixteen, a number which steadily rises to peak among young adults of twenty-two, whose rate was as high as 31.8 percent. That is not much short of one third of twenty-two year old drivers who report having driven under the influence of drugs or alcohol. A chilling statistic.
A study at a Maryland trauma center found that about 34 percent of patients admitted as the victims of motor vehicle crashes tested positive for tested positive for drugs only, while only 16 percent tested positive for alcohol alone. 9.9 percent, or essentially one in ten, tested positive for both. Among this group, some fifty percent were under the age of eighteen.
Driving under the influence of any substance, be it drugs or alcohol, is obviously a serious concern as it puts driver, passengers and those they share the road with all in danger. These substances affect reaction time and judgment, even in small doses. It is doubly concerning to see so many of the drivers who put themselves and those around them at risk are themselves young and inexperienced on the road.
Labels: drugged driving, drunk driving, DUI, reckless driving
The American Association for Justice (AAJ) recently published a report which examines some of the myths and facts about medical malpractice and patient safety.
Here’s a summary of the 5 medical malpractice myths:
Myth #1: There are too many “frivolous” malpractice lawsuits
The AAJ points out that there is an epidemic of medical negligence, not lawsuits. The Institute of Medicine reports that 98,000 people die in hospitals each year due to preventable medical errors. Hundreds of thousands of people suffer injuries due to medical errors. Considering the numbers, medical malpractice lawsuits are relatively uncommon. Researchers at Harvard found that only one out of eight people injured by medical negligence file a malpractice claim. The researchers also found that 97 percent of the medical malpractice claims they examined were meritorious, and 80 percent involved death or serious injury. “Portraits of a malpractice system that is stricken with frivolous litigation are overblown,” concluded the Harvard researchers.
Myth #2: Malpractice claims drive up health care costs
Costs associated with malpractice claims make up a tiny fraction of health care costs. In fact, the National Association of Insurance Commissioners found the total spending for defending medical claims and compensating victims accounted for just 0.3% of health care spending. Savings would be negligible if the amount of compensation a victim can recover were to be reduced.
Some also complain about the indirect costs of “defensive medicine,” saying that doctors are scared of being sued and therefore order billions of dollars worth of unnecessary tests. Major studies have found that the issue of defensive medicine is vastly exaggerated. Furthermore, the threat of liability improves mortality and health care outcomes. Injured patients should have the right to sue. Preventable medical errors add $29 billion in additional health care costs. Prevention of these errors should be the focus of savings strategies.
Myth #3: Doctors are fleeing
Studies show that the number of practicing physicians in the United States has been growing steadily for years. In 2007, there were 20,000 more physicians than the year before. In fact, the number of doctors is increasing at a faster rate than population growth in most states. Georgia is an exception. Ironically, Georgia has a cap on non-economic damages in medical malpractice lawsuits. This illustrates that capping damages and eroding patient rights does not attract physicians to a state.
Myth #4: Malpractice claims drive up doctors’ premiums
Research has found little correlation between malpractice payouts and malpractice premiums paid by doctors. Researchers at the national Bureau of Economic Research concluded that “increases in malpractice payments made on behalf of physicians do not seem to be the driving force behind increases in premiums.” The insurance companies make more money when they raise premiums. That’s the driving force.
Myth #5: Tort reform will lower insurance rates
Tort reforms do not lower physicians’ liability premiums. Insurers might pay out less money when damages are capped, but they do not pass on the savings to doctors by lowering premiums. In 2009, the average liability in states without caps on damages was lower than the average premium in states with caps!
If you or a loved one have been injured because of medical negligence, contact an experienced Georgia medical malpractice attorney as soon as possible. Call MLN Law at 404-531-9700 to schedule a free consultation.
Here’s a summary of the 5 medical malpractice myths:
Myth #1: There are too many “frivolous” malpractice lawsuits
The AAJ points out that there is an epidemic of medical negligence, not lawsuits. The Institute of Medicine reports that 98,000 people die in hospitals each year due to preventable medical errors. Hundreds of thousands of people suffer injuries due to medical errors. Considering the numbers, medical malpractice lawsuits are relatively uncommon. Researchers at Harvard found that only one out of eight people injured by medical negligence file a malpractice claim. The researchers also found that 97 percent of the medical malpractice claims they examined were meritorious, and 80 percent involved death or serious injury. “Portraits of a malpractice system that is stricken with frivolous litigation are overblown,” concluded the Harvard researchers.
Myth #2: Malpractice claims drive up health care costs
Costs associated with malpractice claims make up a tiny fraction of health care costs. In fact, the National Association of Insurance Commissioners found the total spending for defending medical claims and compensating victims accounted for just 0.3% of health care spending. Savings would be negligible if the amount of compensation a victim can recover were to be reduced.
Some also complain about the indirect costs of “defensive medicine,” saying that doctors are scared of being sued and therefore order billions of dollars worth of unnecessary tests. Major studies have found that the issue of defensive medicine is vastly exaggerated. Furthermore, the threat of liability improves mortality and health care outcomes. Injured patients should have the right to sue. Preventable medical errors add $29 billion in additional health care costs. Prevention of these errors should be the focus of savings strategies.
Myth #3: Doctors are fleeing
Studies show that the number of practicing physicians in the United States has been growing steadily for years. In 2007, there were 20,000 more physicians than the year before. In fact, the number of doctors is increasing at a faster rate than population growth in most states. Georgia is an exception. Ironically, Georgia has a cap on non-economic damages in medical malpractice lawsuits. This illustrates that capping damages and eroding patient rights does not attract physicians to a state.
Myth #4: Malpractice claims drive up doctors’ premiums
Research has found little correlation between malpractice payouts and malpractice premiums paid by doctors. Researchers at the national Bureau of Economic Research concluded that “increases in malpractice payments made on behalf of physicians do not seem to be the driving force behind increases in premiums.” The insurance companies make more money when they raise premiums. That’s the driving force.
Myth #5: Tort reform will lower insurance rates
Tort reforms do not lower physicians’ liability premiums. Insurers might pay out less money when damages are capped, but they do not pass on the savings to doctors by lowering premiums. In 2009, the average liability in states without caps on damages was lower than the average premium in states with caps!
If you or a loved one have been injured because of medical negligence, contact an experienced Georgia medical malpractice attorney as soon as possible. Call MLN Law at 404-531-9700 to schedule a free consultation.
Labels: medical malpractice
I blogged before about the tragedy of the sex trafficking of young girls in Atlanta, and the good work of A Future, Not a Past. A Future, Not a Past is an Atlanta-based organization spearheaded by the Juvenile Justice Fund – a private/public partnership determined to protect and inspire the girls who are currently the victims of commercial sexual exploitation.
A Future, Not a Past has just premiered the film Playground in their continuing mission to raise awareness of the pressing issue of child sex trafficking. The film is a documentary about the reality of domestic trafficking produced in cooperation with BluPrint Films.
For all of these girls, struggling through circumstances most of us cannot even imagine (and do not wish to), it is imperative that friends, teachers, parents and law enforcement learn that there are signs of sexual abuse and exploitation. By recognizing these signs and contacting the proper support organizations, we can all do our part to help prevent at risk children from falling into prostitution, and we can help rescue those already trapped in a far too adult situation.
A Future, Not a Past provides this list of signs to watch for when you suspect a child you know may be at risk.
Personal indicators include:
-Inappropriate dress, either oversized or overtly sexual clothing
-Poor personal hygiene
-Possesses large amounts of money
-Rumors among students about the child’s sexual activity – which the child herself may or may not deny
-Angry, aggressive, or alternatively clinical depression, suicidal or tearful behavior
-Diagnosed with sexually transmitted diseases/infections
-Older boyfriend, male friend or relative
-Older female friend
-Withdrawn or uncommunicative
Educational factors include:
-Not at grade level
-Special education with the personal indicators listed above
-Low functioning or developmentally delayed with the personal indicators listed above
-Behavioral issues in school
-Truancy and/or chronic absenteeism
-Sleeping in class
Family factors include:
-Runaway or throwaway children
-Lack of adult supervision
-Lack of adult support
-Sexual abuse at home, either by a friend or family member
-History with the Department of Family and Children’s Services
-Parental substance abuse
-Domestic violence
-Living in or hanging out in and around areas known for prostitution
Legal Issues include:
-In the Juvenile Justice System, probably as a repeat offender
-Fake identification or fake dance permits
-Substance abuse
-A history of recruiting others into prostitution
-Arrest in or around areas known for prostitution, such as an adult entertainment venue, strip club, X-rated video shop or hotel
With vigilance, Atlanta can reduce the number of girls dragged every year into exploitation.
To get help for a child you feel may be at risk, take advantage of the of the contact page at A Future, Not a Past’s website. They will be able to connect you to the support and resources necessary to provide at risk girls with the future they really deserve, free of coercion, violence and victimization at the hands of criminal adults. In the case of an emergency, contact the appropriate emergency services. Otherwise, immediately contact the following numbers.
Georgia Statewide Tip Line
(404) 577-8477
National Center For Missing and Exploited Children Hotline
1-800-THE-LOST
Dear John Hotline
(404) 379-3602
A Future, Not a Past has just premiered the film Playground in their continuing mission to raise awareness of the pressing issue of child sex trafficking. The film is a documentary about the reality of domestic trafficking produced in cooperation with BluPrint Films.
For all of these girls, struggling through circumstances most of us cannot even imagine (and do not wish to), it is imperative that friends, teachers, parents and law enforcement learn that there are signs of sexual abuse and exploitation. By recognizing these signs and contacting the proper support organizations, we can all do our part to help prevent at risk children from falling into prostitution, and we can help rescue those already trapped in a far too adult situation.
A Future, Not a Past provides this list of signs to watch for when you suspect a child you know may be at risk.
Personal indicators include:
-Inappropriate dress, either oversized or overtly sexual clothing
-Poor personal hygiene
-Possesses large amounts of money
-Rumors among students about the child’s sexual activity – which the child herself may or may not deny
-Angry, aggressive, or alternatively clinical depression, suicidal or tearful behavior
-Diagnosed with sexually transmitted diseases/infections
-Older boyfriend, male friend or relative
-Older female friend
-Withdrawn or uncommunicative
Educational factors include:
-Not at grade level
-Special education with the personal indicators listed above
-Low functioning or developmentally delayed with the personal indicators listed above
-Behavioral issues in school
-Truancy and/or chronic absenteeism
-Sleeping in class
Family factors include:
-Runaway or throwaway children
-Lack of adult supervision
-Lack of adult support
-Sexual abuse at home, either by a friend or family member
-History with the Department of Family and Children’s Services
-Parental substance abuse
-Domestic violence
-Living in or hanging out in and around areas known for prostitution
Legal Issues include:
-In the Juvenile Justice System, probably as a repeat offender
-Fake identification or fake dance permits
-Substance abuse
-A history of recruiting others into prostitution
-Arrest in or around areas known for prostitution, such as an adult entertainment venue, strip club, X-rated video shop or hotel
With vigilance, Atlanta can reduce the number of girls dragged every year into exploitation.
To get help for a child you feel may be at risk, take advantage of the of the contact page at A Future, Not a Past’s website. They will be able to connect you to the support and resources necessary to provide at risk girls with the future they really deserve, free of coercion, violence and victimization at the hands of criminal adults. In the case of an emergency, contact the appropriate emergency services. Otherwise, immediately contact the following numbers.
Georgia Statewide Tip Line
(404) 577-8477
National Center For Missing and Exploited Children Hotline
1-800-THE-LOST
Dear John Hotline
(404) 379-3602
Labels: child safety, child sexual abuse, child sexual exploitation
Sara Dozier, the niece of a 92-year-old woman who was killed in an Atlanta police raid three years ago, has filed a motion asking a federal judge to sanction the city of Atlanta for withholding documents in a wrongful death lawsuit, according to The Atlanta Journal-Constitution.
“Such evasion and misconduct makes a mockery of the truth-finding process that is at the heart of the judicial system and must be severely punished,” the motion stated.
Sergeant Lisa Keyes, Atlanta Police Department spokeswoman, deferred comment to the city’s legal department. Acting city attorney Roger Bhadari said that the city has no comment, except that the city is reviewing the motion and “will respond accordingly.”
Dozier filed suit against the city of Atlanta and the Atlanta Police Department in 2007 over the killing of her aunt, Kathryn Johnston. In 2006, Johnston was killed in an Atlanta police raid. The police had obtained an illegal, no-knock search warrant that allowed them to batter down the door of the 92-year-old Johnston. Johnston, who thought her home was being invaded, fired a warning shot, and she was killed by narcotics offers. The officers unloaded their weapons. Three former police officers are currently serving jail time for the roles in the incident.
The lawsuit states that an Atlanta Police Department quota system was the “driving force” behind the killing. Narcotics offers lied on the search warrant because they needed to meet their arrest and warrant quotas, according to the suit.
Johnston’s family’s attorneys had previously asked the Atlanta Police Department to turn over any documents regarding the quota system during discovery. The department denied the existence of any such documents. In pretrial testimony, Chief Richard Pennington denied the existence of a quota system.
Dozier’s attorneys, however, obtained documents which showed the existence of a quota system from Sergeant Scott Kreher, head of the Atlanta police union, according to the motion. Kreher said he received the documents from anonymous sources. The motion also stated that Atlanta Police officers verified the authenticity of the documents during pretrial testimony.
In the motion, Dozier requests that Senior U.S. District Court Judge Marvin Shoob enter a default judgment. A default judgment would mean that no trial would be necessary to determine whether or not the Atlanta Police Department was liable for Johnston’s death. In the case of a default judgment, only damages would need to be determined.
Bill Mitchell, attorney for Dozier, said, “I’ve never seen a situation like this, where there were quotas that were explicitly set out and implemented through the department. It’s shocking.”
This case is interesting because the plaintiff faces a large city government rather than an individual or business. Whether caused by careless driver, medical professional, or government employee, a wrongful death changes the lives of relatives forever. At MLN Law, we offer aggressive, caring representation for family members in wrongful death cases. We work hard to uncover all of the facts so that everyone involved will realize the full extent of the consequences of the defendant’s actions. If your family member has been wrongfully killed, contact an experienced Atlanta wrongful death attorney as soon as possible. Call MLN Law at 404-531-9700 to schedule your free consultation.
“Such evasion and misconduct makes a mockery of the truth-finding process that is at the heart of the judicial system and must be severely punished,” the motion stated.
Sergeant Lisa Keyes, Atlanta Police Department spokeswoman, deferred comment to the city’s legal department. Acting city attorney Roger Bhadari said that the city has no comment, except that the city is reviewing the motion and “will respond accordingly.”
Dozier filed suit against the city of Atlanta and the Atlanta Police Department in 2007 over the killing of her aunt, Kathryn Johnston. In 2006, Johnston was killed in an Atlanta police raid. The police had obtained an illegal, no-knock search warrant that allowed them to batter down the door of the 92-year-old Johnston. Johnston, who thought her home was being invaded, fired a warning shot, and she was killed by narcotics offers. The officers unloaded their weapons. Three former police officers are currently serving jail time for the roles in the incident.
The lawsuit states that an Atlanta Police Department quota system was the “driving force” behind the killing. Narcotics offers lied on the search warrant because they needed to meet their arrest and warrant quotas, according to the suit.
Johnston’s family’s attorneys had previously asked the Atlanta Police Department to turn over any documents regarding the quota system during discovery. The department denied the existence of any such documents. In pretrial testimony, Chief Richard Pennington denied the existence of a quota system.
Dozier’s attorneys, however, obtained documents which showed the existence of a quota system from Sergeant Scott Kreher, head of the Atlanta police union, according to the motion. Kreher said he received the documents from anonymous sources. The motion also stated that Atlanta Police officers verified the authenticity of the documents during pretrial testimony.
In the motion, Dozier requests that Senior U.S. District Court Judge Marvin Shoob enter a default judgment. A default judgment would mean that no trial would be necessary to determine whether or not the Atlanta Police Department was liable for Johnston’s death. In the case of a default judgment, only damages would need to be determined.
Bill Mitchell, attorney for Dozier, said, “I’ve never seen a situation like this, where there were quotas that were explicitly set out and implemented through the department. It’s shocking.”
This case is interesting because the plaintiff faces a large city government rather than an individual or business. Whether caused by careless driver, medical professional, or government employee, a wrongful death changes the lives of relatives forever. At MLN Law, we offer aggressive, caring representation for family members in wrongful death cases. We work hard to uncover all of the facts so that everyone involved will realize the full extent of the consequences of the defendant’s actions. If your family member has been wrongfully killed, contact an experienced Atlanta wrongful death attorney as soon as possible. Call MLN Law at 404-531-9700 to schedule your free consultation.
Labels: wrongful death
More than a dozen Morehouse College students were injured over the weekend in a bus crash in Henry County, according to The Atlanta Journal-Constitution. One student, Bruce Purvis, Jr., remains in the hospital, and it is reported that he is recovering from a neck injury. Fortunately, none of the injuries were life-threatening, said Captain Jason Bolton of the Henry County Police Department.
All of the injured students are members in the college’s marching band known as the “House of Funk.” The marching band normally rides on three separate buses. On Saturday morning at approximately 10:15 a.m., one of these buses skidded off I-75 near the I-675 merge south of Atlanta. The bus flipped twice before coming to rest on its side, according to police reports. There were 42 students on board the bus at the time of the accident.
Two seriously injured students were transported to Grady Hospital in Atlanta. One was released fairly quickly, and the other was kept in the hospital. Several students were treated and release at other Atlanta-area hospitals.
Officials are not sure what caused the accidents, but they believe that the bus skidded on a wet roadway before it went off the road and flipped. After the bus flipped, Morehouse College band members on another bus saw the accident, and their bus turned around to help. All lanes of I-75 South near Hudson Bridge Road were temporarily shut down.
Police said that a car may have cut in front of the bus, causing it to lose control and rollover. The bus landed on its side in a ditch about 60 feet off the road.
The exact details of the crash are still unclear. Steve McClardy, the owner of the bus company said that he is licensed with the state under the name Superior Coach. However, CBS Atlanta could not find the name in a search of the Public Service Commission’s website. CBS then obtained a cease and desist letter from the PSC which instructed Superior to stop all service until it had obtained a proper license. The letter was issued in February. Superior Coach, also referred to as Superior Transportation, appears to be yet another commercial transportation that is still driving after having been ordered off the road.
Bill Edge, a spokesperson for the PSC, said that Superior has never had a license as far as he knows. When asked why PSC didn’t shut the company down, Edge said, “We have to prioritize the hundreds of carriers that are committing violations, such as movers who are ripping people off. So we have to prioritize with our small staff and go after people who are really hurting the public at the time.”
Morehouse College President Robert Franklin said that it was a frightening day for everyone at Morehouse.
“But thank God not a tragic day,” he added. He said that counselors and a chaplain will be available to students on campus if they need to talk about the accident.
The Morehouse students and passengers in surrounding vehicles were very lucky. But this story is a grim reminder that many of the commercial buses and trucks on the roads are in violation of some sort of order, regulation, or law. And unfortunately, these large commercial vehicles cause a lot of damage in accidents.
If you or someone you know has been injured in a bus accident, contact an experienced Atlanta bus crash lawyer as soon as possible. Call MLN Law at 404-531-9700 to schedule a free consultation.
All of the injured students are members in the college’s marching band known as the “House of Funk.” The marching band normally rides on three separate buses. On Saturday morning at approximately 10:15 a.m., one of these buses skidded off I-75 near the I-675 merge south of Atlanta. The bus flipped twice before coming to rest on its side, according to police reports. There were 42 students on board the bus at the time of the accident.
Two seriously injured students were transported to Grady Hospital in Atlanta. One was released fairly quickly, and the other was kept in the hospital. Several students were treated and release at other Atlanta-area hospitals.
Officials are not sure what caused the accidents, but they believe that the bus skidded on a wet roadway before it went off the road and flipped. After the bus flipped, Morehouse College band members on another bus saw the accident, and their bus turned around to help. All lanes of I-75 South near Hudson Bridge Road were temporarily shut down.
Police said that a car may have cut in front of the bus, causing it to lose control and rollover. The bus landed on its side in a ditch about 60 feet off the road.
The exact details of the crash are still unclear. Steve McClardy, the owner of the bus company said that he is licensed with the state under the name Superior Coach. However, CBS Atlanta could not find the name in a search of the Public Service Commission’s website. CBS then obtained a cease and desist letter from the PSC which instructed Superior to stop all service until it had obtained a proper license. The letter was issued in February. Superior Coach, also referred to as Superior Transportation, appears to be yet another commercial transportation that is still driving after having been ordered off the road.
Bill Edge, a spokesperson for the PSC, said that Superior has never had a license as far as he knows. When asked why PSC didn’t shut the company down, Edge said, “We have to prioritize the hundreds of carriers that are committing violations, such as movers who are ripping people off. So we have to prioritize with our small staff and go after people who are really hurting the public at the time.”
Morehouse College President Robert Franklin said that it was a frightening day for everyone at Morehouse.
“But thank God not a tragic day,” he added. He said that counselors and a chaplain will be available to students on campus if they need to talk about the accident.
The Morehouse students and passengers in surrounding vehicles were very lucky. But this story is a grim reminder that many of the commercial buses and trucks on the roads are in violation of some sort of order, regulation, or law. And unfortunately, these large commercial vehicles cause a lot of damage in accidents.
If you or someone you know has been injured in a bus accident, contact an experienced Atlanta bus crash lawyer as soon as possible. Call MLN Law at 404-531-9700 to schedule a free consultation.
Labels: bus wreck
St. Joseph’s Hospital in Atlanta is the first hospital in the state to present Georgians with a new option in noninvasive, incision-free brain surgery. The oldest hospital in the city, St. Joseph’s was founded by the Sisters of Mercy in 1880 and now offers four hundred and ten beds to acute patient care. Now it confirms its reputation as one of the leading referral specialty hospitals in the Southeast as it installs its new Leksell Gamma Knife Perfexion.
The Gamma Knife is a device which allows physicians to isolate and destroy both benign and malignant brain tumors, as well as helping to treat certain neurological conditions such as pain and movement disorders, which would be unreachable through traditional surgery. They achieve this through the use of an array of focused gamma radiation which when combined with advanced brain imaging techniques, focuses precisely on abnormal structures in the brain and destroys the targeted area while leaving the surrounding areas of the brain largely unharmed. It accomplishes this in one session, with one dose of radiation. This ability makes it one of the most advanced treatment options available in the treatment of brain tumors.
It is considered a “gentler alternative to traditional brain surgery” according to hospital officials. Unlike traditional brain surgery, there is no need for incisions, and it is not necessary to risk damage to other areas because the individual rays are too weak on their own to harm tissue, instead only destroying cells where they converge under the guidance of precise computer generated imaging. It removes the necessity that a surgeon be able to physically reach the problem.
The Atlanta hospital launched its radio surgery program in 2004. Since then the specialists there have treated over six hundred patients. It is one of only four radio surgery programs in the state of Georgia to offer this alternative to traditional surgery, and the first to feature this new technology.
The staff at St. Joseph’s is understandably excited by the new possibilities that this offers them in the care and treatment of their patients. The upgrade grants them the potential to treat a growing range of problems.
“We are thrilled to be the first in Georgia to offer this treatment option for our patients,” said the manager of the Gamma Knife program at St. Joseph’s, Rebecca Heitkam. “With the upgrade to Perfexion, we will be able to reach and treat lesions that previously were unattainable.”
The practice of Gamma Knife radio surgery is not new, dating back to 1967 when the technique was invented by Lars Leksell in Stockholm, Sweden. However, each new generation of technology allows for greater and greater results. That first unit was suitable only for the functional brain surgery, for use treating pain, movement and certain behavioral disorders. This new Gamma Knife Perfexion unit allows doctors to reach new levels of effectiveness and efficiency in quickly identifying, scheduling and treating an increasingly wider range of diseases and troubling abnormalities which could not be managed or removed with other strategies. I share in Joseph’s excitement at having the new unit in Atlanta.
The Gamma Knife is a device which allows physicians to isolate and destroy both benign and malignant brain tumors, as well as helping to treat certain neurological conditions such as pain and movement disorders, which would be unreachable through traditional surgery. They achieve this through the use of an array of focused gamma radiation which when combined with advanced brain imaging techniques, focuses precisely on abnormal structures in the brain and destroys the targeted area while leaving the surrounding areas of the brain largely unharmed. It accomplishes this in one session, with one dose of radiation. This ability makes it one of the most advanced treatment options available in the treatment of brain tumors.
It is considered a “gentler alternative to traditional brain surgery” according to hospital officials. Unlike traditional brain surgery, there is no need for incisions, and it is not necessary to risk damage to other areas because the individual rays are too weak on their own to harm tissue, instead only destroying cells where they converge under the guidance of precise computer generated imaging. It removes the necessity that a surgeon be able to physically reach the problem.
The Atlanta hospital launched its radio surgery program in 2004. Since then the specialists there have treated over six hundred patients. It is one of only four radio surgery programs in the state of Georgia to offer this alternative to traditional surgery, and the first to feature this new technology.
The staff at St. Joseph’s is understandably excited by the new possibilities that this offers them in the care and treatment of their patients. The upgrade grants them the potential to treat a growing range of problems.
“We are thrilled to be the first in Georgia to offer this treatment option for our patients,” said the manager of the Gamma Knife program at St. Joseph’s, Rebecca Heitkam. “With the upgrade to Perfexion, we will be able to reach and treat lesions that previously were unattainable.”
The practice of Gamma Knife radio surgery is not new, dating back to 1967 when the technique was invented by Lars Leksell in Stockholm, Sweden. However, each new generation of technology allows for greater and greater results. That first unit was suitable only for the functional brain surgery, for use treating pain, movement and certain behavioral disorders. This new Gamma Knife Perfexion unit allows doctors to reach new levels of effectiveness and efficiency in quickly identifying, scheduling and treating an increasingly wider range of diseases and troubling abnormalities which could not be managed or removed with other strategies. I share in Joseph’s excitement at having the new unit in Atlanta.
The Center for Study of Traumatic Encephalopathy (CSTE) at Boston University School of Medicine has accounted that Lou Creekmur, a recently deceased former NFL Hall of Fame player, had chronic traumatic encephalopathy (CTE) when he died. Creekmur is the tenth former NFL player to be diagnosed with the disease caused by traumatic brain injury. CTE can only be diagnosed by examining the brain after death.
CTE is caused by repetitive head trauma and characterized by the buildup of a toxic protein called tau. This protein leads to neurofibrillary tangles in the brain, which impair normal brain function. CTE may cause symptoms similar to those of Alzheimer’s disease - memory problems, emotional instability, depression, etc. - but CTE eventually progresses to full-blown dementia.
Creekmur had played on the offensive line for the Detroit Lions. An eight-time Pro Bowl player, he was famous for breaking his nose 13 times while playing without a facemask. He died on July 5, 2009 from complications of dementia. He had suffered from dementia for 30 years, during which time he experienced cognitive and behavioral problems such as loss of memory, loss of concentration, and angry outbursts.
Co-director of the CSTE Anne McKee, MD, said, “This is an important case because we are confident many CTE cases are misdiagnosed as Alzheimer’s disease. By examining his brain, I was able to confirm that there was absolutely no sign of Alzheimer’s disease or any other type of neurodegenerative disease except for severe CTE. This is the most advanced case of CTE I’ve seen in a football player. His brain changes were similar to those of profoundly affected professional boxers.”
James Wessler of the Alzheimer’s Association of Massachusetts added, “This is a very important finding that could explain the underlying cause of dementia in countless individuals who have had histories of repetitive head trauma.”
"The U.S. House Judiciary Committee is holding a hearing on the football head injury crisis on Oct. 28, and we feel that this evidence should be part of the discussion. The long-term consequences of brain trauma in sports are a tremendous public health problem. CTE is the only fully preventable cause of dementia. We need to make changes to the game of football, at all levels of play, which will decrease the risk of CTE to both pro and amateur athletes," said CSTE co-director Robert Stern.
Creekmur participated in the NFL’s Plan 88, named for former NFL John Mackey’s number. Mackey, another Hall of Fame player, suffers from severe dementia. Plan 88 was created to provide financial support to families of former NFL players who suffer from dementia. According to his wife, Creekmur remembered “16 or 17” concussions during his time as an NFL player. There are currently around 100 former NFL players whose families receive support through Plan 88.
“Sadly, these findings do not come as a surprise,” said Dr. Elanor Perfetto, wife of former NFL player Ralph Wenzel. “For those of us who have watched our husbands deteriorate and lose their independence from progressive dementia, our hope is that this research will one day lead to changes in the game of football such that other players and their families will not have to experience the pain that we have experienced."
Parents of young football players should seriously consider these findings. Is the game of football worth the risk of permanently injuring a developing brain?
If you need the advice of an experienced Georgia brain injury lawyer, call MLN Law at 404-531-9700 to schedule a free consultation.
CTE is caused by repetitive head trauma and characterized by the buildup of a toxic protein called tau. This protein leads to neurofibrillary tangles in the brain, which impair normal brain function. CTE may cause symptoms similar to those of Alzheimer’s disease - memory problems, emotional instability, depression, etc. - but CTE eventually progresses to full-blown dementia.
Creekmur had played on the offensive line for the Detroit Lions. An eight-time Pro Bowl player, he was famous for breaking his nose 13 times while playing without a facemask. He died on July 5, 2009 from complications of dementia. He had suffered from dementia for 30 years, during which time he experienced cognitive and behavioral problems such as loss of memory, loss of concentration, and angry outbursts.
Co-director of the CSTE Anne McKee, MD, said, “This is an important case because we are confident many CTE cases are misdiagnosed as Alzheimer’s disease. By examining his brain, I was able to confirm that there was absolutely no sign of Alzheimer’s disease or any other type of neurodegenerative disease except for severe CTE. This is the most advanced case of CTE I’ve seen in a football player. His brain changes were similar to those of profoundly affected professional boxers.”
James Wessler of the Alzheimer’s Association of Massachusetts added, “This is a very important finding that could explain the underlying cause of dementia in countless individuals who have had histories of repetitive head trauma.”
"The U.S. House Judiciary Committee is holding a hearing on the football head injury crisis on Oct. 28, and we feel that this evidence should be part of the discussion. The long-term consequences of brain trauma in sports are a tremendous public health problem. CTE is the only fully preventable cause of dementia. We need to make changes to the game of football, at all levels of play, which will decrease the risk of CTE to both pro and amateur athletes," said CSTE co-director Robert Stern.
Creekmur participated in the NFL’s Plan 88, named for former NFL John Mackey’s number. Mackey, another Hall of Fame player, suffers from severe dementia. Plan 88 was created to provide financial support to families of former NFL players who suffer from dementia. According to his wife, Creekmur remembered “16 or 17” concussions during his time as an NFL player. There are currently around 100 former NFL players whose families receive support through Plan 88.
“Sadly, these findings do not come as a surprise,” said Dr. Elanor Perfetto, wife of former NFL player Ralph Wenzel. “For those of us who have watched our husbands deteriorate and lose their independence from progressive dementia, our hope is that this research will one day lead to changes in the game of football such that other players and their families will not have to experience the pain that we have experienced."
Parents of young football players should seriously consider these findings. Is the game of football worth the risk of permanently injuring a developing brain?
If you need the advice of an experienced Georgia brain injury lawyer, call MLN Law at 404-531-9700 to schedule a free consultation.
Labels: brain injury, concussion, depression, TBI
ABC News reports that a jury has awarded $16.5 million to the family of a woman in a wrongful death lawsuit against a radio station. Jennifer Strange, 28, was among the 18 contestants who drank as much water as possible without urinating in the “Hold Your Wee for a Wii” contest from KDND-FM in Sacramento, CA. The prize: A Nintendo Wii video game system. The outcome of the contest: an unnecessary death due to water intoxication.
Jennifer’s husband Billy Strange said that the radio station known as 107.9 The End “had the information months in advance that this could cause harm.”
“It was a preventable thing,” he said.
Strange family attorney Roger Dreyer said that Jennifer Strange acted as any normal person would have under the circumstances.
“She acted based upon the information she had,” Dreyer said
Strange drank nearly two gallons of water during three hours in the contest on January 17, 2007. During the contest, she complained about pain to the radio station DJs while on the air.
“Oh, it hurts,” Strange said as the DJs made jokes and laughed.
Remarkably, listeners - even one nurse - called into the station to warn the DJs that the contest was dangerous and could lead to death.
Listener Eva Brooks said, “Those people that are drinking all that water can get sick and possibly die from water intoxication.”
The DJs said that they were aware of that, and that the station was not responsible because all of the contestants had signed release forms. The DJs did not warn contestants about the possibility of water intoxication and death.
One DJ said on the air, “Can you get water poisoning and like die?”
“Not with water,” said another DJ. Your body is 98 percent water. Why can’t you take in as much water as you want?”
“Maybe we should have researched this before,” said the other DJ.
Strange won a pair of concert tickets in the contest after winning second place. She called in sick at work and then died in her bathroom hours after the contest. A coroner ruled that the death was due to water intoxication.
After the verdict was announced, juror LaTeshia Paggett commented that the contest had never been reviewed by the station’s legal department “and it was supposed to go to legal.”
Entercom Sacramento LLC, the company that owns the radio station, released a statement which called the death “a tragedy.”
Billy Strange said that adjusting to life without his wife is a “one step at a time process.”
Jennifer Strange’s daughter was just 11 months old when her mother died. Billy Strange says that his daughter reflects her mother’s qualities: “In the brief amount of time she got to spend with Jen, the 11 months, she really picked up on a lot of her qualities and her personality.”
The jury deliberated for two weeks before delivering the $16.5 million award. Ten radio station employees have been fired because of the contest.
If you need an experienced Atlanta, GA wrongful death lawyer, call MLN Law at 404-531-9700 to schedule your free consultation.
Jennifer’s husband Billy Strange said that the radio station known as 107.9 The End “had the information months in advance that this could cause harm.”
“It was a preventable thing,” he said.
Strange family attorney Roger Dreyer said that Jennifer Strange acted as any normal person would have under the circumstances.
“She acted based upon the information she had,” Dreyer said
Strange drank nearly two gallons of water during three hours in the contest on January 17, 2007. During the contest, she complained about pain to the radio station DJs while on the air.
“Oh, it hurts,” Strange said as the DJs made jokes and laughed.
Remarkably, listeners - even one nurse - called into the station to warn the DJs that the contest was dangerous and could lead to death.
Listener Eva Brooks said, “Those people that are drinking all that water can get sick and possibly die from water intoxication.”
The DJs said that they were aware of that, and that the station was not responsible because all of the contestants had signed release forms. The DJs did not warn contestants about the possibility of water intoxication and death.
One DJ said on the air, “Can you get water poisoning and like die?”
“Not with water,” said another DJ. Your body is 98 percent water. Why can’t you take in as much water as you want?”
“Maybe we should have researched this before,” said the other DJ.
Strange won a pair of concert tickets in the contest after winning second place. She called in sick at work and then died in her bathroom hours after the contest. A coroner ruled that the death was due to water intoxication.
After the verdict was announced, juror LaTeshia Paggett commented that the contest had never been reviewed by the station’s legal department “and it was supposed to go to legal.”
Entercom Sacramento LLC, the company that owns the radio station, released a statement which called the death “a tragedy.”
Billy Strange said that adjusting to life without his wife is a “one step at a time process.”
Jennifer Strange’s daughter was just 11 months old when her mother died. Billy Strange says that his daughter reflects her mother’s qualities: “In the brief amount of time she got to spend with Jen, the 11 months, she really picked up on a lot of her qualities and her personality.”
The jury deliberated for two weeks before delivering the $16.5 million award. Ten radio station employees have been fired because of the contest.
If you need an experienced Atlanta, GA wrongful death lawyer, call MLN Law at 404-531-9700 to schedule your free consultation.
Labels: wrongful death
Investigators in Carrollton are looking into a poorly functioning heater as the primary suspect in the unexpected deaths of twin boys, Asa and Elija Kirby on Monday, September 21st.
The police were called to the family’s home around 8:00am with a report of sick children. Upon arrival, they found the boys unresponsive, their parents doing everything within their power to sustain their lives. CPR was preformed on the site and paramedics rushed the boys to Tanner Medical Center in Villa Rica. There, despite the best efforts of their parents and emergency response professionals, the toddlers were pronounced dead.
“The temperature in the bedroom was well over 100 degrees,” said Carrollton Police Capt. Chris Dobbs. “We believe that’s what cased their deaths.”
Jimmy Bearden, Carrollton Fire Chief, told the Times-Georgian that there was simply nothing anyone could have done to save the boys at that point.
Though autopsies are still called for, the general belief is that the incident was an accident caused by a poorly functioning heating system. Though the heating and cooling system had been a complaint of the Kirby family before this, it is unlikely that they could have predicted the tragedy it would eventually cause.
We often take for granted how we rely on the conveniences that maintain our comfortable environment. It is easy to forget that when these systems do fail, severe injuries can be incurred, or as this heartbreaking event illustrates, lives can be lost. When heaters and air conditioners fail, it is all too often the most vulnerable among us who suffer. The very young or the very old who may lack the physical resilience to cope with these extremes and, as in the heartbreaking example of Asa and Elija Kirby, may not have the ability to tell those around them that something has gone wrong. They can only wait to be found, and hope that when that happens, it is not too late.
Stories like this remind us of the importance of properly checking and maintaining heating and cooling systems. A contractor should check the entire heating and cooling system every year pre-season to ensure peak performance. A responsible contractor will check thermostat settings, tighten electrical connections, lubricate moving parts, inspect the condensation drain for plugs or water damage and check the operation controls to make sure the system cycles properly from start, through operation, and finally shut down. He should also check for possible gas or oil leaks. Air filters should be changed monthly. This will not only save money in energy usage, it will help minimize the chances of problems which could lead to future injuries or even death.
My sympathies go to the Kirby family for their loss, and my respect to the police, fire department, and other rescue workers for their response.
If you or a loved one has been injured in a product liability or premises liability case, contact an experienced Atlanta personal injury attorney as soon as possible. Call MLN Law at 404-531-9700 to schedule a free consultation.
The police were called to the family’s home around 8:00am with a report of sick children. Upon arrival, they found the boys unresponsive, their parents doing everything within their power to sustain their lives. CPR was preformed on the site and paramedics rushed the boys to Tanner Medical Center in Villa Rica. There, despite the best efforts of their parents and emergency response professionals, the toddlers were pronounced dead.
“The temperature in the bedroom was well over 100 degrees,” said Carrollton Police Capt. Chris Dobbs. “We believe that’s what cased their deaths.”
Jimmy Bearden, Carrollton Fire Chief, told the Times-Georgian that there was simply nothing anyone could have done to save the boys at that point.
Though autopsies are still called for, the general belief is that the incident was an accident caused by a poorly functioning heating system. Though the heating and cooling system had been a complaint of the Kirby family before this, it is unlikely that they could have predicted the tragedy it would eventually cause.
We often take for granted how we rely on the conveniences that maintain our comfortable environment. It is easy to forget that when these systems do fail, severe injuries can be incurred, or as this heartbreaking event illustrates, lives can be lost. When heaters and air conditioners fail, it is all too often the most vulnerable among us who suffer. The very young or the very old who may lack the physical resilience to cope with these extremes and, as in the heartbreaking example of Asa and Elija Kirby, may not have the ability to tell those around them that something has gone wrong. They can only wait to be found, and hope that when that happens, it is not too late.
Stories like this remind us of the importance of properly checking and maintaining heating and cooling systems. A contractor should check the entire heating and cooling system every year pre-season to ensure peak performance. A responsible contractor will check thermostat settings, tighten electrical connections, lubricate moving parts, inspect the condensation drain for plugs or water damage and check the operation controls to make sure the system cycles properly from start, through operation, and finally shut down. He should also check for possible gas or oil leaks. Air filters should be changed monthly. This will not only save money in energy usage, it will help minimize the chances of problems which could lead to future injuries or even death.
My sympathies go to the Kirby family for their loss, and my respect to the police, fire department, and other rescue workers for their response.
If you or a loved one has been injured in a product liability or premises liability case, contact an experienced Atlanta personal injury attorney as soon as possible. Call MLN Law at 404-531-9700 to schedule a free consultation.
Labels: child safety, premises liability, product liability
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