First Risperdal Trial Results in $2.5M Verdict

March 30, 2015

A jury has awarded $2.5M to an autistic boy's family. The lengthy trial included evidence of Janssen Pharmaceutical's alleged plan to obscure evidence for years that the drug was linked to the growth of female breast tissue in adolescent boys.The jury based its decision, at least in part, in its finding that the drug company failed to warn the boy's parents and physicians of the risks associated with the drug.

This is a key verdict that will play a vital role in the valuation of the thousands of Risperdal cases that have been filed in recent years. Of couse, each case is different based on the facts, but this is an important benchmark for valuation.

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Georgia Dental Board Owes Duty to the Public

March 25, 2015

The United States Supreme Court recently decided a case that could impact the way the Georgia Board of Dentistry conducts business. The Court ruled on February 25, 2015 that a state regulatory board comprised mainly of dental professionals violates federal fair competition laws when it tries to restrict lower cost (non-dentist) competitors from competing with dentists by offering teeth-whitening.

While this case had little to do with Georgia's Board of Dentistry, it does apply to it and, as the dissenting opinion noted, the decision could have far-reaching affects on what and how dental boards are allowed to regulate.

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Prescription Drug Errors Not Only Danger For Children

March 11, 2015

The recent children's drug settlement exemplifies the risk associated with giving any medications to children. As an Atlanta medication error attorney, I am frequently contacted by parents who have filled prescriptions for their children at local pharmacies, only to realize after giving the medication to their kids that they were either dispensed the wrong medication or given the correct medication but in the wrong dosage.

Many pharmacy errors which result in hospitalization are caused by lack of technician training, lack of sufficient quality control that ensures that the prescription that is dispensed is actually what was ordered by the doctor and a simple lack of attentiveness on the part of the pharmacy team involved in filling the prescription. Unfortunately, parents are seldom in a position to catch the pharmacy error and the result can often lead to serious injury to the child and hospitalization.

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Paint Management For Dental Nerve Injuries

February 4, 2015

As an Atlanta Dental Malpractice Lawyer, I am well aware that injuries caused by dental procedures often manifest themselves with a combination of numbness and pain. Many times, subsequent corrective surgery is not successful, and the client is left with no choice but to manage the pain with pain medications. Tegretol, Lyrica, Topamax, Gabapentin and Cymbalta are just a few of the many drugs used to help manage the intractable pain that many dental nerve injury victims suffer from. While the preferred course after a lingual nerve or inferior alveolar nerve injury is to surgically repair the nerve, the only course of action left after unsuccessful microneurosurgery is pain management.

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Atlanta Facial Nerve Pain Misdiagnosis

January 23, 2015

As 2014 closes and we start a new year, I want to write about a common misdiagnosis for those who have suffered a dental nerve injury from malpractice. Bell's Palsy is often the diagnosis given to patients who have suffered an injury to one of the trigeminal nerves in the face due to a negligent dental procedure such as a root canal, dental implant or tooth extraction. Unfortunately, this common diagnosis is often a misdiagnosis and ignores the source of the nerve problem (trauma to the nerve from a negligent dental procedure). The more accurate diagnosis for these patients who, many times, are suffering from numbness and pain at the same time, would be to identify the nerve that is damaged (i.e., inferior alveolar nerve, lingual nerve, or infra-orbital nerve) and diagnose it as an injury.

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Top Root Canal Overfill Risks Which Cause Nerve Injury

January 5, 2015

The risks of toxic materials used during root canal therapy causing permanent dental nerve damage are many. However, some of the most common are: (1) inadequate imaging of the proximity of both borders of the inferior alveolar nerve canal. In fact, a common cause of dental malpractice is to assume that the visualized border of the inferior alveolar nerve canal is the superior (top) border when only one border is visible; (2) inadequate cone measurements, and (3) not limiting filling materials to the confines of the shaped root canal space.

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Dental Implant Inventor Dies

January 4, 2015

The inventor of the modern day dental implant, Dr. Per-Ingvar Branemark has died. He was a true pioneer in dentistry, even though he was not a dentist. Perhaps the biggest advance that Dr. Branemark contributed was his discovery and development of the concept of "osseointegration." This, in effect, allowed the widespread use of dental implants because osseointegration is the process in which the implant fuses to the jaw.

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Dental Implants and Root Canals Major Cause of Facial Nerve Injuries

November 28, 2014

As the year winds to a close, I have looked back at the new dental malpractice cases during the past year. Once again, the two most common forms of dental negligence which lead to facial nerve injuries are the placement of dental implants and root canal therapy. Most times, the negligently placed implant and the negligent root canal therapy are performed on the lower jaw (i.e., the mandible) and involve injury to the mandibular (or inferior alveolar) nerve.

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The 2 Major Causes of Dental Malpractice

October 31, 2014

As a Plaintiff Georgia Dental Malpractice Lawyer, I am approached by many potential clients who believe that they may be the victim of dental negligence. Even though many of these cases involve serious (and often devastating) injuries, I turn down many more cases than I take. In fact, the vast majority of cases that are presented to us are turned down. The primary reason: although there is a severe injury, there is little indication based on what is told to me, that the injury was caused by malpractice.

Of the instances of malpractice that we do see, all of the malpractice that occurs in Georgia stem from 2 reasons: (1) A dentist does not possess a reasonable degree of education, training and skill to act prudently; or (2) despite reasonable education and training the dentist acts with unreasonable carelessness or fails to act as a reasonable and prudent dentist would under the circumstances.

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Large Jury Verdict for Unnecessary Root Canals

September 16, 2014

Over treatment by dentists is a common occurrence that I see as a dental malpractice lawyer in Georgia. Apparently, a Washington State trial judge saw this to be the case. According to a recent Seattle Times article, a group of 29 former dental patients was awarded over $29M in damages against a dentist who allegedy had repeatedly performed unnecessary root canals.

While the above case is certainly newsworthy and exceptional, most cases of dental malpractice that we see involve root canals, dental implants, or complicated extractions. These procedures sometimes are performed negligently and can lead to serious and permanent nerve injuries that affect the mouth and face.

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Increase in Dental Implants Leads to Nerve Injuries

September 4, 2014

Dental implants have become the procedure of choice to replace extracted teeth. And for good reason. The technology has evolved to the point that dental implants can be safely placed where natural teeth used to be. Unfortunately, the increase in dental implants has resulted in an increase in nerve injuries caused by dental malpractice. There are many facial nerves that can be damaged by negligent dental care and treatment related to dental implants. The most common nerves injured when the dentist fails to take proper precautions include, but are not limited to the inferior alveolar nerve, the lingual nerve, the mental nerve, different branches of the mandibular nerve and the infra-orbital nerve (most commonly associated with the placement of an implant in the maxillary or upper jaw).

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Can a Sleeping Dentist be Negligent

August 28, 2014

According to reports, an Oregon woman is suing her dentist for malpractice, claiming that the dentist's napping lead, at least in part, to her adverse reaction to local anesthetics. While I decline to comment on the merits of that particular case, it should be noted that negative reactions to epinephrine are quite common and can be serious in patients who suffer from other medical conditions.

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