Atlanta Injury Lawyers Blog

A jury has awarded more than $14 million after deciding that the plaintiff contracted asbestos manufactured by Union Carbide at his family business during 1970s. The asbestos exposure caused him to contract a deadly form of abdominal cancer called mesothelioma. Mesothelioma also attacks the linings of the lungs and is almost always fatal.

Jurors found that Union Carbide was negligent for selling asbestos fibers to other companies, which had used the fibers to make joint compounds used by construction companies. An important fact established in the trial was that, although the products that the plaintiff was exposed to contained deadly asbestos fibers, the product packaging did not contain adequate warnings nor did the labels warn that the products contained asbestos.

Jurors also found that four of the compound manufacturers, including Georgia-Pacific, share some of the responsibility for causing the complained of illness.

In April 2008, jurors awarded more than $24 million to a doctor who contracted the same illness.

Continue reading "Large Asbestos Recovery at Trial" »

In the wake of Toyota's massive safety-related recalls, many Atlanta-area Prius owners are wondering if all the hype warrants serious concerns. Of course it does and here's why. The latest recall stems from Prius owners experiencing "a short delay before the brakes kick in." Couple this with the 5 million-vehicle Toyota recall for "problems with floor mats which can trap gas pedals and not allow the pedal to release" and "concerns related to gas pedals not returning to idle" and one can only wonder what serious accidents can occur as a direct result of these serious design flaws.

To date, this dangerous defect has been potentially linked to four serious car wreck by the National Highway Traffic Safety Administration (NHTSA). However, the jury is still out and all Prius owners should exercise extreme care until this issue is resolved. Toyota brass have apparently been slow to acknowledge and recall other cars for safety issues.

If you are an Atlanta cyclist and ride along the shoulder of Howell Mill Road, you will see first hand a City of Atlanta nuisance. As reported in the Atlanta Journal Constitution, about 50 feet south of the Peachtree Creek bridge is a hazardous storm grate. If you travel this stetch of road, you will see that there are two storm grates. One is correctly place so that the grates run perpendicular to traffic. The other storm grate, however, poses a severe hazard because the grates run parallel to traffic.

As an experienced Georgia injury lawyer, I cannot overemphasis how dangerous this condition is. The danger occurs when a cyclist's tire gets stuck in the grate. This can cause the cyclist to lose control and veer into oncoming traffic. It goes without saying that a whole host of catastrophic bicycle injuries can occur when cyclists loose control of their bike and collide with cars. Some common resulting injuries are coma, concussion, closed head injuries, broken bones, road rash, severe lacerations, and even death.

While governmental agencies such as the State of Georgia and the City of Atlanta enjoy a certain amount of immunity from wrongful acts, many times they are liable for the damages caused by a nuisance, such as the above example. In Georgia, damages recoverable on account of a nuisance are all the direct damages resulting from the nuisance, including personal injuries, medical bills, lost wages, pain and suffering, and in the proper case, attorneys' fees and expenses of litigation.

Continue reading "Atlanta Road Grates Are Nuisance For Cyclists" »

As an experienced Georgia Injury lawyer, clients frequently ask me whether they are entitled to recover attorneys' fees as part of their damages. In this context, "attorneys fees" are those fees awarded by the court (either by the judge or the jury) to be paid by the opposing party as part of the damages awarded. The short answer is: yes, attorneys' fees are available as an element of damages, but recovering them is never guaranteed.

Under OCGA Section 13-6-11, a plaintiff is entitled to attorneys' fees when: (1) the plaintiff has specially pleaded and has made a prayer to the court therefore; and the defendant has either (2) acted in bad faith; (3) has been stubbornly litigious; or (3) has caused the plaintiff unnecessary trouble or expense.

If the plaintiff in a legal action in Georgia can prove one of these elements, the plaintiff would be entitled to attorneys' fees and expenses of litigation, in addition to all of the damages he or she is entitled to under the law.

Continue reading "Attorneys' Fees Recoverable in Georgia" »

Three 15-year-old girls were injured when they were ejected from the ATV they were operating. According to a recent article in the Atlanta Journal Constitution, the girls lost control of the four-wheeler ATV as they rounded a curve on the roadway and overturned. While the girls were rushed to Atlanta-area hospitals, police charges are pending, as none of the girls were licensed, they were not supposed to be on the roadway and no one was wearing a helmet.

While the girl's injuries do not appear to be life-threatening, this serves as yet another reminder of the need for extreme caution when operating ATV's and the need to wear helmets to avoid serious injury.

Continue reading "Atlanta Teens Injured in ATV Crash" »

Reglan Side Effects

On January 26, 2009 the FDA issued an alert warning against chronic use of any medication containing metoclopramide, the most widely know being Reglan. Reglan can cause a serious and potentially life-threatening neurological disease known as tardive dyskinesia.

Tardive dyskinesia is more likely to occur if Reglan is used for longer than 3 months or when used in the elderly (especially elderly women). Tardive dyskinesia causes uncontrolled bodily movements of the face, mouth, tongue arms or legs. These uncontrolled movements can be permanent. You should seek medical attention immediatetly if you have been taking Reglan and are experiencing any uncontrolled bodily movements. There is no treatment for tardive dyskinesia, but in some cases symptoms may lessen or stop once use of the drug is stopped.

Especially at risk are patients who have been prescribed Reglan for acid reflux, pregnant woman who were prescibed Regland for morning sickness, breastfeeding mothers, elderly woman, and children who were prescribed Reglan for nausea caused by migraine headaches.

Metoclopramide is available in several forms including:

• Reglan Tablets
• Reglan Oral Disintegrating Tablets
• Metoclopramide Oral Solution
• Reglan Injections

Continue reading "FDA Warnings Regarding Reglan" »

I would like to start off by wishing all of our proud and deserving Georgia veterans a happy and healthy 4th of July, or more appropriately, Happy Independence Day. Without these brave veterans, we could not celebrate this day. Any celebration would not be complete without acknowledging their heroic efforts and monumental sacrifices in all of our wars and "police actions."

I am a proud Army veteran. I joined the army at the age of 17. I signed up for a two year enlistment. I proudly served my Country as a Military Policeman. But, fortunately for me, the Army gave me so much; much, much more than I gave back. In exchange for two short years of service, I received the opportunity to go to college and to make something of myself. After all, I was able to complete my Army tour and finish college in about the same time it took to simply go to college. However, not all of our veterans are as fortunate. Of course, too many have given the ultimate sacrifice while defending our Country, their lives. Many have suffered crippling physical injuries while defending our Country. Many more have suffered horrific emotional injuries from the ravages of war. Clearly, these worthy veterans gave much more to our Country than they received. We owe them our deepest gratitude. What made me think of this was a recent visit I had with a great American and staunch Veteran Advocate, Marshall Berman.

A few weeks ago, we had the pleasure of hosting a small brunch for Marshall and his family. Marshall is a special person. You see, he cares a lot about other people, and one of his life-long goals is to help our military veterans. He has done great things for our veterans in the past. For instance, while he worked at the Georgia Department of Labor, Marshall was instrumental in improving the lives of our south Georgia military veterans by making it more convenient for them to receive the medical and employment-related services many of them so dearly needed.

What is especially fascinating about Marshall is that, at 70 years old, he has more energy and drive than anyone I know. He is always thinking; always trying to improve; always trying to help; always trying to "make a difference." And most often, his efforts are directed at helping our deserving veterans. When we last visited, Marshall was concerned. He deals with needy veterans on a daily basis. He knows that many Georgia veterans need legal help. Yet, he also knows that many of our Georgia military veterans don't have the resources to hire quality lawyers to assist them. The end result, is that many Georgia veterans "go without." They go without the assistance of quality lawyers to advise and counsel them. They go without simple things like wills. They go without knowing their legal rights when they are involved in car accidents, harassed by debt collectors, taken advantage of in the business world, injured on the job, wrongfully accused of crimes, and in many other instances.

I share Marshall's concern about this situation and I am committed to coming up with a solution that will enable our deserving Georgia military veterans to have access to quality legal help when they need it. But until then, please join me in wishing them a Happy Independence Day. They deserve it!

The U.S. Food and Drug Administration (FDA) has issued a formal warning to consumers to stop using certain Hydroxycut diet supplements manufactured by Iovate Health Sciences, Inc. Hydroxycut Recall Full Article. This is in response to numerous reported cases of adverse health effects caused by the recalled product, such as liver failure, seizures, heart complications, and muscle damage. There has been one reported death caused by liver failure and two reports of Hydroxycut users undergoing liver transplants.

If you are using any of the recalled Hydroxycut products, you should discontinue use and seek immediate medical attention. The recalled products are:

Hydroxycut Caffeine-Free Caplets
Hydroxycut Caffeine-Free Drink Packets
Hydroxycut Carb Control
Hydroxycut Hardcore Drink Packet (Ignition Stix)
Hydroxycut Hardcore Liquid Capsules
Hydroxycut Hardcore RTD
Hydroxycut Liquid Shot
Hydroxycut Max Aqua Shed
Hydroxycut Max Caplets
Hydroxycut Max Drink Packet
Hydroxycut Natural
Hydroxycut Rapid Release Regular Caplets
Hydroxycut Regular Drink Packet
Hydroxycut 24

Continue reading "Hydroxycut FDA Recall" »

Recent attention has focused on faulty Chinese Drywall as causing a number of construction defects and personal injures. Once again, more information is coming to light. According to a recent test conducted by the Environmental Protection Agency, the Chinese-made drywall contained sulfur and acrylic paint compounds. Apparently added to increase the weight of the product (and hence, to increase the profit), these findings further support the growing concern that the Chinese drywall is damaging new and remodeled Atlanta-area homes.

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.

The U.S. Supreme Court recently upheld a $6.7 million dollar verdict awarded to a woman whose arm had to be amputated after she received a Phenergan injection.

The woman, Diana Levine, was suffering from migraine headaches and sought treatment from a local clinic. The clinic injected her with Phenergan by using an IV-push, which allows for a greater volume of the the Phenergan to enter the body at a faster pace. Instead of the Phenergan entering the body through a vein, as planned, the drug entered her body via an artery and she developed gangrene. As a result, doctors had to amputate Ms. Levine's hand and forearm. Obviously a catastrophic injury for anyone in this situation, the amputation was especially devastating to Ms. Levine because it ended her career as a guitarist and pianist.

After a jury ruled in her favor and awarded Ms. Levine her damages, the drug maker, Wyeth, appealed the verdict and argued to the United States Supreme Court that is should be shielded from liability because the FDA approved Phenergan for consumer use. The Supreme Court rejected this argument and awarded Ms. Levine her damages.

The Consumer Product Safety Improvement Act of 2008 (the "Act") was signed into law by Congress in 2008. The Act is aimed at broadening the consumer product safety laws and providing more tools to allow the Consumer Product Safety Commission (the "Commission") to enforce the new laws.

The Act lowers the limits of allowable lead in paints and furniture coverings. It also prohibits the sale of all children's toys and child care articles containing more than 0.1 % of three specific types of phthalates (chemicals commonly used in toys to increase flexibility in vinyl or plastic).

Under the Act, every manufacturer or importer of products intended for use by children must certify that its product complies with all applicable consumer safety laws and regulations and the certification must be based on tests performed by an independent laboratory which has been accredited by the Commission.

The Act provides other safety regulations aimed at protecting children such as a requirement for tracking labels on children's products, new labeling requirements for toy advertising, a requirement that the Commission develop new safety standards for durable nursery products, increased whistleblower protection for employees who report violations of the Act, and new safety regulations for all-terrain vehicles.

The new Act better helps protect our children against a myriad of potentially unsafe products such as lead-containing paint, unsafe toys and all terrain vehicles (which have contributed to many catastrophic injuries to children in Georgia). It is a solid step in helping to protect the children of Atlanta and Georgia. Congress should be commended for having the fortitude to pass the Act.

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.

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.