Posted On: March 28, 2009

Georgia Homes May Be Tainted by Chinese Drywall

If the current economic problems and real estate collapse is not enough, there is another potential hazard for Georgia homeowners. Class action lawsuits are being filed in Florida claiming homes there have been built with potentially toxic drywall. As we have seen in the past with children's' toys, dog food and other consumer products, the defective product (in this case drywall) was allegedly manufactured in China and shipped to the United States to be used in the construction of new homes.

Recent testing by the Florida Department of Health shows that Chinese-made drywall emits a sulphur gas that corrodes copper wires in air conditioning and other units. If your home was recently built or remodeled and you suspect that it contains defective Chinese-made drywall, you should investigate further to protect your family from harmful toxic exposure. You also may be able to recover your damages due to this defective product.

The potential danger of Chinese-made drywall was uncovered when buyers of new homes in Florida noticed a strange smell, which officials now believe to be from high sulfur content in Chinese drywall. It now appears that the problem may be more widespread than just Florida.

The potentially toxic Chinese dry wall was first introduced to the United States in 2001. The effects of toxic drywall manifest themselves when homeowners notice abnormal failures of their air conditioning coils or HVAC units. Homeowners, building owners, or occupants may have noticed corroded electrical wiring in their walls in properties built or remodeled since 2001.

More troubling, is that family members living in these houses may have suffered upper respiratory problems, nose bleeds, headaches or other potentially serious medical conditions caused by the sulfur-tainted drywall.

While the initial lawsuits are filed in Florida, evidence is emerging that strongly suggests that single family homes in Georgia and Atlanta subdivisions built from 2001 to the present contain the defective product.

If you suspect that your home contains this defective drywall, click here for help in evaluating your situation.

Robert J. Fleming, P.C. is dedicated to helping Georgia consumers.

Posted On: March 10, 2009

Sound Advice for Georgians Who Lose Their Job

According to recently released government statistics, the official unemployment rate is over 8% and climbing steadily. Georgia Department of Labor Web Site. No one needs to be told how tough times are these days and it's any one's guess as to when the job market will rebound. Conventional wisdom dictates that if you currently have a job, hang on to it. If you have just been fired, the following steps are advisable:

(1) Do not sign anything until you have had a chance to consult with an experienced attorney who represents workers. Many times, a severance package and check will be presented to you by your employer under the express condition that you sign a complete release in order to get your severance and money. As tempting as this may be, do not sign anything until you have had a chance to review the documents in detail and consulted with a lawyer. Getting the money quickly may be appealing, but in order to do so, you may be signing away valuable legal rights. If you sign the release, your right to sue may be lost forever.

(2) File for unemployment benefits. If you are eligible, this may be what you need to make it through these certain tough times ahead.

(3) Calculate your accrued benefits such as sick days and vacation leave. Make sure that you are compensated for this.

(4) Ask your employer for continued health care coverage (COBRA). COBRA generally requires that group health plans sponsored by employers with 20 or more employees in the prior year offer employees and their families the opportunity for a temporary extension of health coverage (called continuation coverage) in certain instances where coverage under the plan would otherwise end. COBRA outlines how employees and family members may elect continuation coverage. It also requires employers and plans to provide notice.

(5) Ask your employer to fill out a form stating how long you worked for the company and why you left. It's the law and the employer must comply with this request.

At Robert J. Fleming, PC, we have been fortunate to have been able to successfully represent many clients who have recently lost their jobs. We hope these suggestions help. Please contact us to discuss your case.

Posted On: March 9, 2009

Georgians' Right to Sue For Dangerous Drugs Preserved by U.S. Supreme Court

On March 4, 2009, the Supreme Court upheld a $6.7M award to a woman whose arm had to be amputated due to complications she suffered after being injected with the popular anti-nausea drug, Phenergan. The woman was injected with the drug to combat nausea related to migraine headaches and subsequently lost her arm after gangrene set in. Although the drug was supposed to go into her vein, the needle accidentally struck an artery, which allowed a greater amount of the Phenergren to enter her body of a short period of time.

Prior to the injuries she suffered from the Phenegren complication, Levine was a professional guitarist and pianist. Once she contracted gangrene, doctors were forced to amputate her hand and forearm and her music career was ended.Read Full Supreme Court Opinion.

The importance of this decision cannot be stressed enough for the citizens of Georgia who have suffered personal injuries or death due to unsafe drugs. One of Governor Sonny Perdue's stated top priorities was to insulate drug companies from Georgia State Court suits based on the theory argued by the drug company in the Wyeth v. Levine lawsuit, i.e., that since the FDA approved the drug, state court actions are preempted. Fortunately, the Supreme Court rejected this argument.

Robert J. Fleming, P.C. has successfully represented many clients injured by unsafe drugs. We are elated that the United States Supreme Court has taken this issue on and decided in favor of injured people. Thankfully, your right to sue for these types of injuries has been preserved. If you have been seriously injured, contact us today for a free initial consultation to discuss the specific facts of your case.

Posted On: March 4, 2009

Georgia Doctors May Require Full Payment in Advance

Many patients who are being treated for personal injuries are finding that a co-pay is no longer sufficient to visit the doctor’s office. In a new trend, doctors' offices are demanding full payments up to the deductible amounts, often before the docotr will see the patient. An industry analyst says that as insurance companies and employers have started requiring consumers to pay more of the costs of care, doctors’ offices have shifted their fee recovery to consumers. Read Full Article

Robert J. Fleming, P.C. has successfully represented many clients injured due to the negligence of others. If you have been seriously injured, contact us today for a free initial consultation to discuss the specific facts of your case. We are here to help.