Atlanta Injury Lawyers Blog

The Food And Drug Administration has found that the maker of the popular Invisalign invisible braces failed to inform the agency about allergic reactions to the product. Some of these allergic reactions were serious enough to be life-threatening.

According to the Food and Drug Administration, it first learned about these allergic reactions this year. The agency has sent the company that manufactures Invisalign, Align Technology, a warning letter, alleging that the company failed to inform the agency about how it was going to enhance its reporting procedures. Align Technology has issued a news release saying that it did, in fact report, these incidences of allergic reactions to the FDA.

The FDA letter describes certain serious symptoms that patients who used the braces suffered:
On November 2, 2007, one patient reported severe gum and lip irritability. The lips and gums became swollen, red, sore and irritable. There were several other such reports that were made to the FDA, and some of these cases were serious enough to require hospitalization of the patient.

As recently as May 11, 2010, there was another report of allergic reactions from using the braces. This patient suffered a burning tongue sensation. The patient also reported soreness in the throat, mouth ulcers as well as swollen lymph nodes.

Continue reading " Atlanta Dental Malpractice Lawyers Warn about Invisalign Allergy Risks " »

A new study by the American Automobile Association shows just how concerned Atlanta car accident lawyers should be over the New Year's weekend. According to the survey, approximately one in every 10 drivers drove under the influence of alcohol at least once over the past 12 months. This was even as 9 persons out of 10 in the survey agreed wholeheartedly that driving under the influence was a serious public safety hazard.

According to an analysis of data by the National Highway Traffic Safety Administration, an average of 80 people a year die over the New Year's Day holiday. That's approximately 2 ½ times as many fatalities that occur on other days of the year in drunk driving accidents. In fact in 2009, there were a total of 79 alcohol-related accident fatalities across the country on New Year's Day.

This year, the risks of being involved in an accident with an intoxicated motorist are likely to be much higher because New Year's Eve also falls on Friday. The last time we had the New Year's holiday on Saturday was in 2005, when a total of 90 people died in alcohol-related accidents. Georgia law enforcement agencies are bracing for a spike in alcohol-related crashes this year, as the New Year's holiday combined with the weekend encourages reckless behavior.

Continue reading " Atlanta Car Accident Lawyers Warn Against Drunk Drivers over the Weekend " »

A new rule proposed by the Federal Motor Carrier Safety Administration will help reduce the possibility of fatigue-related truck accidents in Atlanta. Last week, the Federal Motor Carrier Safety Administration announced proposed changes to trucking safety regulations, including a provision that would lower the maximum number of hours a driver can drive consecutively to 10 hours. The current rule allows a maximum of 11 hours of consecutive driving time for truck drivers. The proposal also includes more rest breaks to allow start drivers to get as much rest as they need before they begin driving again.

However, the Federal Motor Carrier Safety Administration failed to finalize the rule altogether. The provision setting a 10-hour limit on consecutive driving by truck drivers, has now been subjected to a public comment period. Beginning from the 29th of October, the public can comment on this provision over a period of 60 days. A final decision on this matter has not been taken yet, in spite of months having passed since the FMCSA announced that it was revising the Hours of Service rules.

There is strong and powerful opposition to the 10-hour rule. The American Trucking Associations has already made its disapproval of the proposed rules, clear. In a bad economy, the trucking group has raised the bogeyman of financial upheaval in the industry, if the rules are approved. Specifically, the ATA is warning against decreased trucker productivity and efficiency if the 10-hour rule is passed.

Continue reading " Atlanta Truck Accident Attorneys Call for Adoption of 10-Hour Truck Driver Rule " »

A recent study by the Atlanta Regional Commission concluded that almost half of Atlanta car accidents involving pedestrians occur within 300 feet of a bus stop. This is alarming and needs to be addressed by traffic planners in the City.

One reason for the high rate of pedestrian accidents in Atlanta suburbs such as Brookhaven, Sandy Springs, Lithonia and Marietta--suburban roads were not designed and built to ensure pedestrian safety. As an Atlanta injury lawyer, I have seen many incidents of MARTA riders being hit after exiting the MARTA bus and trying to cross the street. This happens even when the pedestrian uses a crosswalk.

This concerns me a great deal and I call on the Commission to not only point out the problem, but also to identify and implement a solution.

Continue reading " Atlanta Suburbs Not Safe Enough For Pedestrians " »

To My Democrat Friends:
Please accept with no obligation, implied or explicit, my best wishes for an environmentally conscious, socially responsible, low-stress, non-addictive, gender-neutral celebration of the winter solstice holiday, practiced within the most enjoyable traditions of the religious persuasion of your choice, or secular practices of your choice, with respect for the religious/secular persuasion and/or traditions of others, or their choice not to practice religious or secular traditions at all. I also wish you a fiscally successful, personally fulfilling and medically uncomplicated recognition of the onset of the generally accepted calendar year 2011 but not without due respect for the calendars of choice of other cultures whose contributions to society have helped make America great. Not to imply that America is necessarily greater than any other country nor the only America in the Western Hemisphere . Also, this wish is made without regard to the race, creed, color, age, physical ability, religious faith or sexual preference of the wishee.

To My Republican Friends:
Merry Christmas and a Happy New Year!

Robert J. Fleming
Atlanta, Georgia

As an Atlanta dental malpractice lawyer, the risks from the widespread use of dental fillings containing mercury have been a particular subject of interest to me. This week, the Food and Drug Administration announced that it would be revisiting this safety issue. An FDA advisory panel has convened a professional review to analyze the risks from mercury amalgam dental fillings.

The announcement of this review comes just about 18 months after the FDA declared that the fillings were safe. Over the past couple of decades, the FDA has found that dental amalgam fillings containing mercury are safe to use.

Dental fillings containing mercury have been used for decades now. The American Dental Association has always held that the fillings are completely safe. However, the fact that these fillings contain mercury, a known toxin, has always been a source of concern especially to Atlanta dental malpractice attorneys.

The FDA in 2009 released new evidence that states that dental fillings containing mercury are safe for people aged six and above. However, the FDA also cautioned that very young children and developing fetuses may have health risks from the mercury in their fillings. However, there have always been critics of amalgam fillings who believe that the FDA has purposely chosen to misread evidence pointing to the risks of mercury-containing amalgam fillings.

Continue reading " FDA Revisiting Mercury Dental Fillings Safety Threats " »

As reported by Katy Ruth Camp of the Marietta Daily Journal, the new Cobb County Superior Courthouse is stunning and fits in so nicely with its surroundings.

As an trial attorney who handles a lot of cases in Cobb County (with many clients who reside in Marietta), I am grateful for the new courthouse, as it provides a more efficient and secure environment for our Cobb County trials. As an added bonus, the building is a fine architectural example of how a modern structure can be built to satisfy today's mandates of court security (think bullet-proof walls and security checkpoints leading to Judges Chambers) and efficiency, yet look like an old courthouse from the outside so that it fits in with its surroundings. Not a small feat.

I am proud of what they have done in Marietta. I hope this style is extended to other courthouses in the metropolitan Atlanta area such as the court complexes in Fulton County (downtown Atlanta), Gwinnett County, DeKalb County (downtown Decatur), and Clayton County.

Continue reading " New Cobb County Courthouse in Marietta Better Than Expected " »

As an Atlanta Dental Malpractice Attorney, I receive many calls from people injured in the dentist's chair. Some are injured during wisdom tooth extraction, others are injured from nerve block injections and still others suffer their nerve injury after receiving a new dental implant. Most ask some form of the same question: "Will my dental nerve injury get better." The answer, unfortunately is, "It depends."

The most common dental nerve injuries are to the lingual nerve (most likely symptom being a numb tongue), the mental nerve (most likely accompanied by a numb lip) and the inferior alveolar nerve (most commonly associated with numb lip and gums). Regardless of the nerve injured, the key to reversing the nerve damage is timely treatment. The longer one goes without the feeling in your lip, cheek, gum or tongue coming back, the more likely that the injury will be permanent. If the nerve damage is identified and treated in a timely manner, some cases of nerve damage can be repaired with microneurosurgery.

As an attorney who handles many Georgia dental malpractice cases, it concerns me greatly when clients suffer from permanent nerve damage. These are particularly tough injuries to live with and they affect your life every day in many ways that are not apparent until you suffer this type of injury.

Continue reading " Will My Dental Nerve Injury Get Better? " »

Potential new clients call often explaining that they were involved in a serious car wreck and that, in addition to their physical injuries, the at-fault driver's insurance company will not fully compensate them for the damage to their vehicle. Usually, the insurance company insists that they will pay for what they (the insurance company) consider a reasonable amount for the needed repairs. However, the insurance company, has a duty to also pay for the diminished value of the vehicle--something they often will not do willingly.

Fortunately, there is a Georgia law on the books that forces the insurance company to act fairly and adjust the claim in good faith within 60 days of a proper demand being made upon them. Under Section 33-4-7 of the Georgia Code, if a loss to personal property is covered by an automobile policy, the insurer issuing the policy must "adjust the loss fairly and promptly, [and] make a reasonable effort to settle with the claimant potentially entitled to recover against [its] insured."

If the insurance company does not satisfy this statutory duty, it is liable to the injured party for the value of the loss, up to an additional 50% of he liability of the insured for the loss or $5,000 (whichever is greater), plus attorneys' fees.

Continue reading " O.C.G.A Section 33-4-7 Requires Georgia Insurers to Act in Good Faith " »

A new study by the National Highway Traffic Safety Administration or the White House Center for Drug Control Policy, indicates that drugged driving or driving under the influence of prescription and non-prescription drugs, has been increasing in the US. The study, which looked at traffic accident fatalities in 2009, found that there has been an increase of 5% in the number of fatalities with drugs in their system, at the time of the crash compared to previous years.
Overall, drugs were reported in the system of approximately 4,000 drivers who died in accidents in 2009. That makes it 18% of the approximately 22,000 drivers who were killed in accidents last year. In 2005, drugs were linked to 13% of driver fatalities that year.
It actually gets worse. According to the researchers, the numbers could actually be higher, because only one in every five drivers killed in accidents had a drug test performed on them. Besides, there were variations in the tests conducted in different states. Overall, in 2009, among the drivers who were killed in accidents and had drug tests performed on them, 33 percent tested positive for drugs.
The drugs that were found in the victim's bodies were not just illegal narcotics, like heroin and cocaine, but also legal prescription drugs, like painkillers and antidepressants. In fact, as an Atlanta car accident attorney, I am more worried about people who are driving under the influence of prescription drugs.

Continue reading " Increase in Auto Accident Fatalities Linked to Drugged Driving " »

I recently posted a blog reporting on the overuse of x-rays and other types of diagnostic tests related to dental procedures. According to a recent article in the Atlanta Journal Constitution, a panel of medical experts has pledged to put new general protocols into place to limit radiation exposure to patients.

While a doctor or dentist should never perform a procedure prior to doing all image tests necessary to properly diagnose and treat a condition, unwarranted x-rays are a waste of money and can potentially lead to cancer in patients.

Continue reading " Injured Atlanta Patients to Benefit From Pledge to Limit Radiation Exposure " »

Often, Georgia Injury Lawyers represent clients who have sustained such serious injuries that the medical bills and lost wages far exceed the at-fault driver's insurance coverage. In this situation, the lawyer must ensure that all additional insurance policies are identified and that claims are made under these policies as well. Additional insurance may be available through a "resident relative" or employer of the at-fault driver.

Cotton States Mut. Ins. Co. v. Brightman, 580 S.E.2d 519 (Ga. 2003) allows Georgia Plaintiff Lawyers to condition their Holt demand on the receipt of additional information. A sample conditional demand is attached.

Continue reading " Cotton States Mut. Ins. Co. v. Brightman Allows For Conditional Policy Limits Demand in Georgia Injury Cases " »