Atlanta Injury Lawyers Blog

For many women, physical exertion, such as coughing, exercise, heavy lifting, or sneezing can cause an accidental leakage of urine. Stress Urinary Incontinence (SUI), as it is known, is the most common type of urinary incontinence found in women. Stress incontinence may be caused by a weakened pelvic muscles that supports the bladder and urethra or because the urethral sphincter is not working correctly. Weakness may be caused by:

-Childbirth
-Injury to the urethra area
-Some medications
-Surgery in the prostrate or pelvic area

Sometimes, vaginal sling procedures are performed in an effort to control stress incontinence. However, in July of 2011, the FDA advised doctors that most cases of pelvic organ prolapse can be effectively treated without the use of a bladder sling. Unfortunately, many women in the Atlanta metropolitan area who have had vaginal mesh implants have experienced:

-Complications during sex
-Corrosion of the mesh
-Hardening of the mesh
-Infection
-Injury to nearby nerves
-Pelvic Pain
-Urinary problems
-Vaginal pain and discomfort

Urinary incontinence is typically caused by an underlying medical condition that is usually treatable without the need of surgery. Moreover, there is no indication that bladder slings help women when its main use is treating pelvic organ prolapse.

Manufacturers of these devices have failed to warn patients and healthcare practitioners of the possible problems associated with the vaginal mesh. Furthermore, surgery is only recommended after the exact cause of urinary incontinence has been found. Most of the time, healthcare providers will attempt retraining the bladder or Kegel exercises before surgery is even considered.

Continue reading "Vaginal Sling Complications Can Be Severe" »

Recent studies have indicated that patients who do not have cardiovascular problems prior to trying to quit smoking with Chantix, might be putting themselves at risk of developing such problems in the future. Dr. Curt D. Furberg of Wake Forest, the senior author of one such study, has vehemently plead for the removal of Chantix from the U.S. market.

In June of 2011, the Food and Drug Administration issued its first warning that the use of Chantix might be related to an increase of certain cardiovascular problems in patients who have a history of heart disease. As a result, this new information is being added to all Chantix labels.

Furthermore, a medical trial of 700 smokers with cardiovascular disease were treated either with Chantix or a placebo. And according to the FDA, this trial indicated that the patients treated with Chantix experienced more cardiovascular events than those treated with the placebo.

Such cardiovascular events included:

-angina pectoris
-nonfatal myocardial infarction
-need for coronary revascularization
i-n addition to new diagnosis of peripheral vascular disease

Despite the fact that the number of cardiovascular episodes were minor, the FDA has noticed that several episodes have happened more often in patients treated with Chantix. A study that appeared in the Canadian Medical Association Journal has also pointed out the connection between the risk of cardiovascular episodes and the use of Chantix.

This study found a 72 percent increase in the risk of cardiovascular episodes with the use of Chantix when compared with those using a placebo. And an increased risk of cardiovascular disease in patients who don’t have a history of cardiovascular disease. Of the 4,908 patients who took Chantix, 52 patients experienced an acute cardiac episode. Whereas, only 27 of 3,308 patients who took the placebo experienced a cardiac episode.

Continue reading "More Health Risks Associated with Chantix Drug" »

Celebrex is a non-steroidal anti-inflammatory drug or NSAID. It is used in the treatment of inflammation or pain caused by such medical conditions as ankylosing spondylitis, arthritis, and menstrual discomfort. Celebrex is also used in the treatment of hereditary polyps in the colon as well as for reasons that are not listed in the medication guide.

At present, Celebrex is the only remaining anti-inflammatory drug available to patients since the discontinuation of Vioxx and Bextra. However, since gaining approval from the Food and Drug Administration ("FDA"), Celebrex has been tied to various gastrointestinal problems and numerous deaths. Consequently, legal action has been taken against Pfizer and Searle Pharmaceuticals who jointly manufacture Celebrex.

Use of Celebrex, particularly long term use, can cause life - threatening heart or circulation complications. Celebrex should not be used prior to or following heart bypass surgery. And patients should discontinue its use and seek immediate medical attention if balance and vision problems, chest pain, shortness of breath, or slurred speech are experienced.

Other symptoms include:

abnormal bruising and/or bleeding
bloody, blackish, tar like fecal matter
diarrhea
dizziness
flu - like symptoms
insomnia
lethargy
nausea and psyrosis (heartburn)
skin rashes
swelling of the lips, throat, and tongue
ventral (abdominal) pain
yellowish discoloration of the eyes or skin

Furthermore, patients should not use Celebrex if they are allergic to celecoxib, or have experienced allergic reactions to aspirin, sulfa drugs, or other NSAIDs. Doctors who prescribe Celebrex should be aware of their patients preexisting conditions such as asthma, bleeding or blood clotting disorders, heart disease, high blood pressure, liver or kidney disease, nose polyps, stomach ulcers, or strokes.

Continue reading "Georgia Patients Beware: Celebrex Can Possibly be Life Threatening" »

There has been a number of reported cases of bladder cancer caused by the diabetes drug, Actos. According to a major health-related website, there have been over 22,000 reported incidents of side affects from patients who have taken Actos and 0.22% of these have reported bladder cancer.

The longer someone has taken the drug, the more likely they are to contract bladder cancer. If you have been diagnosed with bladder cancer and suspect it may be related to an Actos prescription, seek medical help immediately. Bladder cancer is an extremely aggressive form of cancer.

In June of 2011, France and Germany banned the sale of Actos because of links to cancer. Recently, the FDA has announced that it was reviewing the link between Actos and bladder cancer.

Continue reading "Actos Bladder Cancer Link" »

Georgia victims of dental malpractice should be aware that a number of dental nerve injuries may be caused by the anesthesia injection-as well as from dental malpractice. Paresthesia is an adverse event which has been linked in a much higher reported incidence rate with the 4% concentration drugs known as Septocaine, Articaine and Prilocaine.

Several U.S. studies now strongly suggest that nerve damage to the lingual nerve or inferior alveolar nerve during dental work depends on whether the 4 percent local anesthetic drugs are used. These findings are consistent with other studies conducted on these drugs in other countries. Until further studies indicate otherwise, dentists should consider this higher incidence rate before using these numbing agents.

Continue reading "New Studies Show Link Between Dental Nerve Damage and Local Anesthetic Injections" »

Over 12% of patients who have received a Depuy hip implant must have an additional surgery to repair the implanted device. This, among other reasons, is the basis for the ongoing class action lawsuit.

Plaintiffs have alleged that DePuy's parent company, Johnson & Johnson, failed to properly test the hip implant devices prior to marketing them, and that Johnson & Johnson knew about these problems for over two years prior to recalling the implants.

In August 2010, Depuy recalled the ASR XL Acetabular System and ASR Hip Resurfacing System hip implants due to the above stated problems. The FDA had received over 400 reports of problems with the ASP devices prior to the recall.

Continue reading "DePuy Hip Replacements Class Action" »

Despite years of legal jockeying, the U.S. Supreme Court has ruled that the carmaker, Mazda Motor of America, Inc. ("Mazda") may be sued under Products Liability laws for the death of a woman who suffered fatal injuries in a Mazda Minivan that was sold only with a lap belt for the middle portion of the rear seat.

Mazda had repeatedly argred that it should be insulated from liability in the deadly accident because federal regulations did not require a lap and shoulder belt for the middle seat (in which the woman was sitting when killed).

This is an important victory, not only for the dead woman's family who is seeking to recover for her death, but also for all victims of product defects. With offices in Georgia, Mississippi, and North Caroline, our firm handles many serious accidents in the Atlanta area and throughout the Southeast. Robert J. Fleming is an experienced trial lawyer who specializes in personal injury litigation. According to Mr. Fleming, "many single-car accidents are immediately dismissed by inexperienced lawyers. However, a small portion of these may be caused by, at least in part, unsafe product defects such as faulty door latches, unsafe seat belts such as in the recent Mazda case, unsafe road defects and other product defects. That is why we take great care in fully investigating any potential car accident case that involves serious personal injury or death."

Continue reading "Products Liability Lawsuit May Proceed Against Mazda" »

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.