Atlanta Injury Lawyers Blog

Back in January of 2000, the manufacturer St. Jude voluntarily recalled its Silzone mechanical heart valves. St. Jude did not think it necessary for patients to undergo surgery to replace the valves. There were 36,000 Silzone valves implanted through out the world, with hundreds implanted into patients in the Atlanta Metropolitan area.

Mechanically, the St. Jude valves were seemingly all right. Therefore, the problem was not with the functioning ability of the valve but the problem was with the coating on areas of the valve. Silver was used in the making of the Silzone so to lessen the chance of infection. However, the silver reportedly leaked, which could have caused heart failure.

Additionally, in a trial called the Artificial Valve Endocarditis Reduction Trial (AVERT) an increased risk of stroke was reported. Though the chance of stroke is relatively low, the study did find a higher incidence of paravalvular leakage in patients with the valve implant.

A study was conducted on patients with the St. Jude Silzone valve in 2003 and was published in the journal Heart. The study tried to determine adverse effects the valves have had on patients. Researchers found that patients with the Silzone mitral valve didn’t have too much paravalvular leakage, but the study did find that the patients have a higher rate of early postoperative embolism.

A lawsuit was filed against St. Jude over the Silzone heart valve. And a settlement was reached between the members of the class action suit and St. Jude in 2009. Patients who had the implant and experienced problems and patients who had the implant and did not experience problems received awards.

The FDA has announced that safety changes are going to be made on the labels of some of the most popular cholesterol drugs known as statins. The changes are primarily intended to warn patients of the increased risk for type 2 diabetes mellitus. Hyperglycemia, an increase in blood sugar levels, has been reported with the use of statins.

It is also necessary for this class of cholesterol lowering drugs to carry warnings concerning the possibility for short-term memory and cognitive problems. Certain brain-related problems has been linked to statin use. Therefore, statin labels will now have information about patients having episodes of confusion and memory loss.

These changes that will effect Atlanta residents include: Lipitor (atorvastatin), Lescol (fluvastatin), Mevacor (lovastatin), Altoprev (lovastatin extended-release), Livalo (pitavastatin), Pravachol (pravastatin), Crestor (rosuvastatin), and Zocor (simvastatin). And combination drugs include: Avicor (lovastatin/niacin extended release), Simcor (simvastatin/niacin extended release), and Vytorin (simvastatin/ezetimibe).

A lawsuit has been filed on behalf of consumers claiming that deceptive advertising influenced their decision to by “Shape-Ups” by Sketchers. The lawsuit is seeking monetary damages for consumers who paid a “premium price” for Sketchers “Shape-Ups” based on ads on television, the Internet, and print. The ads, which had appeared in the Atlanta area, publicized the health benefits of the shoes.

However, the lawsuit contends that the shoes do not have any additional health benefits. But they cause a serious risk of injury because of their distinct bottom sole, the complaint added. The lawsuit also seeks to prevent Sketchers from continuing its “deceptive and unlawful advertising”.

Federal Trade Commission is also investigating Sketchers’ toning shoes. In September, Reebok and the FTC came to a $25 million settlement for making similar claims about its own type of toning shoes. It is estimated that Sketchers could be fined as much as $75 million. The lawsuit claims that Sketchers advertised that “Shape-Ups” offers benefits “without setting foot in a gym”.

The lawsuit alleges that Sketchers doesn’t have any legitimate evidence that their toning shoes are more beneficial than other athletic shoes. However, the lawsuit claims that the bottom sole creates unsteadiness and alters the way of walking and running. Thus they can cause serious injuries and cause injuries resulting from falls. Other injuries associated with the shoes are tendinitis and foot, leg, and hip pain. There have been some instances of broken bones also reported.

For many residence of the Atlanta metropolitan area who are experiencing shoulder pain, pain pumps can offer a feeling of comfort. However, the apparatus can also cause serious and permanent injury. According to the American Academy of Orthopedic Surgeons, the use of pain pumps might be linked to Postarthroscopic glenohumeral chondrolysis (PAGCL).

In the Auburn Citizen, Dr. Dale Buchberger, noted how amazing the shoulder is due large impart to its complexity. According to Dr. Buchberger, the shoulder needs to be stiff enough to stay together and loose enough to work correctly. And he also noted that this equilibrium poses trouble not only for people who are involved in “shoulder dominant” sports, but also the public as a whole.

Various injuries can intensify the usual pain an older person may experience. For example, a dislocation can occur when someone falls while his/her arm is extended. Dislocation means that the ball has come out of its socket. This kind of injury creates a larger risk to the elderly population as the bone or cartilage can fracture or tear.

Studies and an FDA alert have recognized pain pumps as the probable cause of joint pain and serious cartilage damage. PAGCL is an overwhelming condition that causes intense pain and the need for continuous medication. Damage caused by pain pumps involves multiple surgeries, as well as shoulder replacement surgery.

The FDA never approved anesthetic pain pumps for use in the shoulder. And the FDA now calls for pump manufacturers to caution doctors and patients about the possibility for serious joint impairment as a result of using pain pumps.

More lawsuits have been filed against Fosamax despite Merck, the pharmaceutical company that manufactures Fosamax, having won several victories in previous lawsuits. Earlier lawsuits and the current ones all allege side effects such as dead jaw and femur fractures.

The latest lawsuit has been filed on behalf of women who claim that Merck overstated the advantages of taking Fosamax. Both women began taking Fosamax believing that it would strengthen their bones and prevent bone fractures, however, they claim that Fosamax increased their chance of injury by causing their bones to deteriorate.

At present, the courts are hearing Fosamax bellwether trials. So far, five trials have concluded with Fosamax winning four and plaintiffs winning one. $8 million was awarded to the plaintiff who won but another judge who considered the award too much later reduced it.

The Wall Street Journal reported that over 1,000 lawsuits have been filed against Merck because of Fosamax. Most of those lawsuits allege that the drug caused osteonecrosis of the jaw. And more lawsuits continue to be filed claiming that there is an increased risk of femur fractures associated with Fosamax use.

The New Journal of Medicine has learned that children whose mother's took Depakote before birth had notably lower I.Q. scores than children whose mother's took other types of anti-seizure medication during pregnancy. New York Times also reported that three year old children who were exposed to valproate, the generic form of Depakote, while in the womb had I.Q. scores that were nine points lesser than three year olds who were exposed to lamotrigine.

For most infants, I.Q. scores were related to their mothers’ I.Q. scores but not when it came to the children who were exposed to vaproate. Thus the researchers concluded, “In utero exposure to valproate was associated with poorer congnitive outcomes than was exposure to other commonly used antiepileptic drugs.” What's more, the result of valproate on the children’s I.Q. depended on the amount taken. These findings are similar to the findings of researchers in the United Kingdom.

Researchers have also found that Depakote use has shown an increase in congenital malformations in comparison with other antiepileptic medications. Another study found that the use of valproic acid by pregnant women in their first trimesters is linked with spina bifida. Other birth defects associated with valproic acid were atrial spetal, cleft palate, and craniosynostosis.

Accutane is a medication that is used to treat acute acne. It was first marketed in Atlanta in 1982. Since then, over 16 million patients throughout the world have used Accutane. However, Accutane was withdrawn from the US in 2009, but the drug is still available in foreign countries and in the US in generic forms.

Accutane has been linked to several serious side effects such as birth defects and suicide. It has recently been linked to inflammatory bowel disease and Crohn’s disease. Abdominal discomfort, bloody stool, loss of appetite, severe diarrhea, ulcers, and weight loss are all symptoms of Crohn’s disease.

Unfortunately, there is no cure for Crohn’s disease and treatment varies from person to person. Therefore, instead of trying to cure the patient of the disease, doctors try to relieve its symptoms. Common treatment for Crohn’s disease includes anti-inflammatory medication, special diet, and surgery to remove damaged intestinal tissue.

Numerous patients who have filed lawsuits against the manufacturers of accutane have experienced permanent and debilitating symptoms. Some have to control their symptoms with medication while others have had to have surgery to remove parts of their bowels. Individuals suffering form inflammatory bowel disease have already begun to win compensation such as a Florida man who won a $7 million verdict.

Bextra’s connection to side effects like Stevens-Johnson Syndrome continues to present a problem for hundreds of patients in the Atlanta area and thousands throughout the country who were prescribed and used the medication.

The FDA requested Pfizer to remove Bextra from the US market in April 2005. The request was made in light of the fact that the risks of Bextra usage to patients far outweighed the medications possible benefit.

Though the FDA stressed the risk of harmful cardiovascular events, which are commonly associated with non-steroidal anti-inflammatory drugs (NSAIDs), the FDA recognized that Bextra use showed a greater chance of experiencing serious skin reactions such as Steven-Johnson Syndrome.

Blisters, rashes, skin shedding, sore throat, swelling of the face and tongue is all symptoms of Stevens-Johnson syndrome. Unfortunately, these reactions aren’t predictable and can occur in patients who do not have a history of sulfa allergy, regardless of short-term or long-term usage.

Acoustic neuromas is a type of cancer that researches have found to be five times more likely to develop in children and young teenagers who use cell phones. Researchers of this study also found that people who didn’t use cell phones until they were in their twenties were only twice as likely to develop the cancer. Acoustic neuromas can cause deafness.

It is believed by researchers of the study that children 12 years old and younger should only use cell phones in the event of an emergency and that hands-free phones or headsets are best used by teens. Incidentally, the National Agency for Research on Cancer has categorized cell phones as a category 2B. Other carcinogenic compounds classified, as category 2B is gas engine exhaust and the pesticide DDT.

Most experts claim that it is not possible to presuppose the long-term health risks associated with cell phone use because it can take decades for cancer to develop. And studies haven’t followed people for more than one decade. The information from the study will be sent to the World Health Organization to be reviewed and for potential guidelines on cell phone use to be implemented.

Faulty respirators that can result in the user developing illnesses like asbestos mesothelioma and asbestosis continue to be found in the Atlanta area. These respirators are supposed to protect the wearer by getting rid of contaminants in the air. But even with industry policies prepared and employed by the National Institute for Occupational Safety and Health and Center for Disease Control design flaws continue to be found.

Faulty respirators are worse than not wearing a respirator at all because it gives workers a falls sense of security that they are safe from asbestos so the wearer is more likely to put him or herself into more dangerous situations.

It is estimated that over 84,000 lawsuits have been filed against 3M due to faulty respirators failing to filter out asbestos and other toxins. And American Optical has had 140,000 claims filed against it where claimants have alleged that their respirators were responsible for asbestos-related diseases in wearers.

Asbestos is used as a fire retardant in insulation. It is also used in roofing and various materials that are used in contruction. Workers in mines, power plants, shipyards, railroads, and construction sites are most likely to come into contact with asbestos.

The New York Times recently reported that a FDA committee has advised improving bone-building drug labels. The brands that will be affected are Actonel, Atelvia, Boniva, and Fosamax. Tens of thousands of women in Atlanta take such medications.

The advisory committee's recommendation follows studies that suggest there is no noteworthy benefit of continuing such therapy past five years. Though the benefits of taking bone-building drugs for three to five years have been proven, such drugs have not been proven for long-term use.

The advisory committee assembled due to concerns that many women have suffered atypical thigh fractures or jaw disease after taking the medications long-term. However, none of the members of the committee advised imposing strict limits on long-term use. Neither did the committee recommend a black box warning even with petitions from former patients present.

A district judge determined that a plaintiff could continue her claim that the bone drug caused her jaw tissue to die. However, he advised her that no jury would settle in her favor over allegations that the drug maker didn’t adequately caution patients about the risks involved.

An advisory board for The US Food and Drug Administration recently voted that the advantage of using four popular Bayer drugs make up for the risks associated with their adverse side effects. But the FDA did not make known the fact that three of the advisors were associated with Bayer.

The three doctors were part of a safety committee that evaluated the safety of Yaz, Yasmin, Beyaz, and Safyal. And they served as consultants, researchers, and speakers for Bayer. Bayer’s studies showed no real danger; whereas, other research and a commissioned study by the FDA found that there is. Advisory committees by the FDA are supposed to make independent decisions concerning medical matters.

The FDA states that members of their advisory committees have to declare all financial dealings they may have with companies in order to guarantee “transparency”. But advisory members are only obligated to make known possible conflicts of interest to the FDA. Therefore, such information is seldom freely available.

In fact, an FDA official who oversees advisory committees admitted that the agency is forbidden to release any information found within a committee member’s financial disclosure. And that when the FDA selects its committees, it is supposed to consider whether a potential committee member would have any financial interest in the meetings outcome.

Drivers in Atlanta continue to be at risk from the harmful effects of bromine and other toxic chemicals that creates that “new car smell” according to the fourth annual buyers guide to toxic chemicals in automobile interiors, produced by the Ecology Center. This is in spite of the fact that automobile manufacturers are steadily reducing these sorts of chemicals.

As indicated by the report, 40% of all the automobiles tested in 2012 have brominated flame-retardants (BFRs) in their interiors. BFRs are a variety of different chemicals that are used to reduce flammability and slow down combustion rates. However, bromine isn’t the only chemical causing concern. Chlorine, lead, and heavy metals are also deemed toxic and found in cars in varying amounts.

These chemicals are linked to numerous health problems such as allergies, birth defects, cancer, learning impairments, and liver toxicity. And according to the Ecology Center’s report, the Mitsubishi Outlander, the KIA Soul, and the Chrysler 200 SC are motor vehicles found to have the highest levels of these chemicals.

The Ecology Center warns that contact with such chemicals should not be taken too lightly since the typical person spends 1½ hours in their car each day. Besides, Volatile Organic Compounds (VOCs) can increase and breakdown into additional toxic substances when a car’s temperature rises too high.

Anyone who has ever been in a serious car accident can attest to the importance of properly working airbags. On the other hand, defective airbags in automobiles can cause serious injury. And many injuries occur when defective airbags either fail to deploy or when they deploy without reason.

Honda has recently announced that it is recalling certain cars, many in the Atlanta area, due to a defect in their driver’s airbag inflator. It seems that the inflator pumps too much air into the bag. And too much air can lead to the rupturing of the bag, scattering metallic equipment through the airbag into the air.

So far, twelve injuries and one death have been related to the defective airbag inflators. Honda had recently expanded its recall in an effort to account for 640 more inflators, which may have been used as replacement parts. Therefore, a total of 272,000 vehicles have been added to the recall.

The 2001 – 2002 Accords, 2001 – 2003 Civics, 2002 – 2003 CR-Vs, 2001 – 2003 Odysseys, 2003 Pilots, 2002 – 2003 Acura 3.2 TLs, and the 2003 Acura 3.2 CLs have all been affected by Honda’s recall. A Stop Sale order has also been issued by Honda to all its franchised dealers on all previously owned vehicles that may have damaged airbags.

Honda’s airbag recall actually began back in November of 2008. However, it was extended numerous times to include more vehicles. The Associated Press reported that one person was seriously injured when an airbag deployed while the driver was stopped at a red light, though there was no accident. Shrapnel, causing the driver to spend weeks under hospital care, severed the driver’s neck artery.

An 18 year old died in 2009 when metal fragments from the airbag in her 2001 Honda Accord punctured her chest and neck causing her to bleed to death. The airbag deployed when the victim was involved in a minor car accident. 2.53 million Honda automobiles have been recalled since December as a result of these faulty airbag

An executive at Johnson & Johnson admitted in an Email that the US Food and Drug Administration rejected approval on a DePuy Hip Replacement after reviewing studies conducted by the company. The studies established that considerable numbers of the product failed to soon, thus creating the need for patients to undergo repeat surgeries.

According to news reports, the statements that the executive made in the Email are in direct contrast with statements made by the company concerning the ASR hip replacement. The Email was written in August of 2009; by a DuPuy Orthopedics vice president a few days after the FDA privately informed the manufacturer that one version of the hip replacement device did not gain approval.

Before the products recall, Johnson & Johnson was stubbornly defended that it was safe and insisted that company studies countered complaints made by surgeons and regulators overseas that the hip replacement apparatus was faulty. The New York Times reports that the mechanism that the FDA disapproved was only sold abroad, but a similar version was used in hundreds of Atlanta patients that was also recalled.

News sources have said that the executive told three other top ranking executives the reason given by the FDA. She told them that the apparatus did not meet FDA standards and that the FDA was troubled with the low rate of success seen in clinical trials. She also advised them not to send the FDA more information because it would not help to gain the products approval.

Australian regulators were advising DePuy to discontinue the product at about the same the Email was sent out. Shortly thereafter, Johnson & Johnson removed the hip replacement apparatus from the market claiming that poor sales and a softening market was to blame.

A recent study that appeared in The Journal of the American Medical Association found that drugs like Abilify might not effectively treat acute stress. What's more, the side effects linked with Abilify may be more hazardous than deemed necessary. Problems with Abilify and pregnancy and Abilify for children are other concerns associated with its use. For this reason, women who take Abilify and intend on becoming pregnant or who are already expecting should talk over their options with their doctor.

Drugs that are used to treat post-traumatic stress symptoms have roughly the same rate of effectiveness as placebos but have serious side effects. The study examined the use of Risperdal in the treatment of veterans with post-traumatic stress symptoms. Risperdal is an antipsychotic medication that is in the same class as Abilify and Seroquel. Thus, experts have concluded that the same results could be found with Abilify.

The researchers discovered that veterans who were given Risperdal to treat post-traumatic stress had a comparable rate of recovery to veterans who were given a placebo. After being treated for six months, about five percent of the veterans in the groups recovered and 10 – 20 percent experienced some improvement. Thus, researchers concluded that the treatment with medication did not significantly benefit the veterans.

Continue reading "Abilify Is Not As Effective As Once Thought" »

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" »

Numerous Atlanta residents are using or have used Chantix to quit smoking, but 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 by a number of patients here in Atlanta 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.