Personal Injury

Dangerous and Defective Product Update; Safety Advocates Demand Recall of ’93-’04 Jeep Grand Cherokee

June 15, 2011 | Benjamin S. Persons, IV

If you are the owner of one of the 3 million Jeep Grand Cherokees made between 1993 and 2004 there may be cause for concern. The consumer watchdog group, The Center For Auto Safety, is pushing the U.S. Government for a recall of a poorly protected fuel tank that is causing fire in some rear-end crashes in the Jeep Grand Cherokee. The National Highway Traffic Administration (NHTSA) acknowledges that there have been 44 Grand Cherokee Crashes and 55 deaths since 1992 where fire was listed as the most harmful factor.

The problem stems from the placement of the fuel tank in the 1993 – 2004 Jeep Grand Cherokee. The tank, which is made of plastic, is positioned below the rear bumper and behind the rear axle, which provides very little protection to the tank in the case of a rear end collision. Paul Sheridan, a former safety manager at Chrysler, says that the “design of the tank if a fundamental safety defect. No Question about it.” Sheridan explains that when one of these Jeep’s is hit from behind that another vehicle could easily slide under the rear bumper of the Jeep and tear the tank open. This creates a situation where gas covers the interior of the Jeep creating a potential disaster if there is any sort of spark.

New Dog Bite Laws for the City of College Park

June 7, 2011 | Benjamin S. Persons, IV

As dog bites have become more and more of a problem throughout metro Atlanta, one community has decided to try and combat the problem. City officials in College Park are now requiring dog owners of breeds deemed “potentially dangerous” to register with the city and pay an yearly fee of $25.00. The dogs must be registered whether they have bitten someone or not. The breeds include:

-German Shepard
-Rottweiler
-Doberman
-Staffordshire Bull Terrier
-American Staffordshire Terrier
-Pit Bull
-American Pit Bull Terrier
Dogs not included in this list that have bitten someone in the past without provocation must also be registered with the city. If owners do not abide by the new rules they will face fines.

Wrong Site Surgery is a Very Real Medical Malpractice Problem

June 2, 2011 | Benjamin S. Persons, IV

With the incredible amount of medical technology available in the United States it is hard to believe that doctors are performing procedures on the wrong patient or body part with regularity. Wrong site surgery is a very real problem in Georgia and the rest of the country. As a medical malpractice lawyer, I’ve discussed this problem with numerous doctors and they have all agreed that wrong site surgeries should never happen and are easy to avoid. Amazingly, according to a 2006 study looking at the frequency of surgical errors in the United States, the findings suggest that there could be as many as 2700 mistakes each year where a surgery is performed on the wrong body part or patient. This is about seven per day.
Recently Jesse Matlock, a 4-year-old Oregon boy was a victim of this sort of surgical error when he went in for a procedure to operate on a lazy right eye. Though the doctor performed several safety steps, including writing her initials above the boy’s right eye, and performing a final safety “time-out,” making sure that the correct patient is about to undergo the correct procedure, the doctor still managed to operate on the boy’s healthy right eye. In explaining her mistake the doctor said, “Frankly, I was at the head of him, and I lost my sense of direction and the mark got covered up. By the time I realized it was the left eye, it was all said and done.”
One question for anyone about to go into an operation is obviously what causes this type of error to occur? A 2010 study done for the Archives of Surgery found that among operations on the wrong part of the body, 85% were due to errors in judgment, with 72% of those doctors not performing a “time-out” as required by protocol. The study found the groups most frequently involved in operations on the wrong patient were doctors of internal medicine, who were responsible for 24% of these types of mistakes; orthopedic surgeons were responsible for 22.4%, general surgeons for 16.8%, and anesthesiologists for 12.1%.

DePuy ASR Hip Implant Recalls Lead to Litigation in Georgia and Nationwide

March 11, 2011 | Benjamin S. Persons, IV

At the end of August, 2010, DePuy Orthopedics, a division of Johnson & Johnson, announced a DePuy Hip Replacement Recall expected to affect an estimated 93,000 patients. The DePuy ASR hip replacement system has been failing at unusually high rates in patients all over the country including Georgia. Implant loosening, fractures, dislocations, and potentially toxic metals entering the bloodstream have led to frequent repeat surgeries in patients that received DePuy ASR hip implants.

Particularly troubling is the fact that DePuy was able to bypass Food and Drug Administration testing by exploiting the implant loophole. A product such as a hip implant can be sold to the public without testing if it is a device that is similar to a product that has already been approved by the FDA for use on patients.

The DePuy implant is not the only hip implant system causing extensive post surgical complications, but it’s the implant currently causing the most problems. A large number of people have been affected by the DePuy ASR implant, because Johnson & Johnson waited over two years after it first became clear there was a serious issue with the product to announce the recall and pull the product from the market.

Allstate Agrees to $10 Million Dollar Settlement Over Claims Handling Policies

October 28, 2010 | Benjamin S. Persons, IV

The National Association of Insurance Commissioners’ eighteen month investigation of Allstate’s claims handling practices ended this month with Allstate agreeing to pay a $10 million dollar settlement. The primary focus of the investigation and settlement relates to Allstate’s use of a claims handling software called Colossus. Allstate has agreed to make several changes to it’s claims handling policies. However as a injury claim lawyer, I still advise caution when dealing with giant insurance companies like Allstate.

Their are many types of insurance claims where hiring a lawyer is typically not necessary, such as clear liability property damage claims. When dealing with a company like Allstate, whether you hire a lawyer or not, it’s always a good idea to at least consult with a lawyer. Most personal injury lawyers provide free consultations and information gathered from a lawyer consultation can be an invaluable resource for determining whether you are being treated fairly by an insurance company.

Georgia Deputy Victim of Hit and Run Tractor Trailer Crash

October 23, 2010 | Benjamin S. Persons, IV

On Wednesday, October 13, 2010, Coweta County Deputy Jeff Bugg experienced an extremely close call when he was nearly run over during a routine traffic stop. Deputy Bugg pulled over a vehicle headed northbound on I 85 and was standing next to the vehicle when a tractor trailer crashed into both cars and kept going. Deputy Bugg was thrown to the ground by the impact, but miraculously escaped serious injury.

The hit and run tractor trailer was later found, parked behind a truck stop, and was charged with DUI drugs, possession of prescription drugs not in original container, leaving the scene of an accident involving injury or death, failure to maintain lane, and failure to pull over when approaching an emergency vehicle. That may seem like a lot, and it is, but this driver is lucky he didn’t end up with a vehicular homicide charge. Thankfully Deputy Bugg was not seriously hurt and perhaps this near tragic incident will raise awareness of Georgia’s move over law.

As a Georgia injury lawyer, I’m often surprised by the number of people that have never heard of Georgia’s move over law, O.C.G.A. 40-6-16. Georgia law requires that you move over one lane if possible when approaching stopped emergency vehicles. If you cannot move over you must slow down below the posted speed limit and be prepared to stop. Please protect our officers and move over.

$8 Million Dollar Verdict Against Merck for Fosamax “Jaw Death” Injury Reduced by Federal Judge to $1.5 Million.

October 8, 2010 | Benjamin S. Persons, IV

Drug executives and product liability lawyers have been closely watching the trial of Shirley Boles, a 72 year old woman that developed jawbone necrosis (jaw death) while taking the drug Fosamax. An unusually large number of Fosamax patients have developed osteonecrosis of the jaw, a condition that causes the gums to fall away exposing jaw bone that appears moth eaten. The condition is often described as jaw death. The manufacture of Fosamax Merck is currently defending over 900 federal and state lawsuits filed by women that developed osteonecrosis of the jaw on Fosamax. It has been alleged Merck misrepresented the drug’s safety and failed to warn doctors and patients about the risks associated with taking Fosamax. Merck denies any responsibility for the hundreds of injuries suffered and claims Fosamax is a safe and effective medication.

Ms. Boles’ case sparked national interest because it is one of the first of the Fosamax cases tried to a verdict. In her case, the jury held Merck responsible and awarded $8 million dollars in damages. As often happens with large verdicts, U.S. District Judge John F. Keenan in Manhattan reduced the juries’ award from $8 Million to $1.5 Million. Judge Keenan is a veteran of the bench appointed by Ronald Reagan in 1983. In his decision, Judge Keenan wrote “a significant damage award is warranted, but the $8 million deviates substantially from what would be reasonable compensation,”

The law concerning verdicts that will apply in this case is virtually the same to state and federal court in Georgia. A judge may reduce a large verdict for any reason. The decision to reduce a verdict is completely in the judge’s discretion and not subject to appeal. When a verdict is reduced, the injured plaintiff must choose between the reduced award or another trial. If the plaintiff takes the second option then she must wait until the judge offers another opportunity for trial, which can take months.

Kid Rock on Trial in Dekalb State Court for Waffle House Brawl – Security Footage Video

September 16, 2010 | Benjamin S. Persons, IV

On October 21, 2007, Waffle House security cameras captured a violent brawl staring Kid Rock. This security video (shown above) will likely be key evidence considered in the Dekalb County civil trial against Kid Rock this week. According to the defense lawyer, the victim started the fight and Kid Rock and his five body guards acted in self defense when they punched, kicked and threw a chair at Decatur resident, Harlan Atkins. However, the video tape clearly shows the violence begin when Kid Rock jumps over a table to punch a seated Mr. Atkins. With this video, it is going to hard for Kid Rock’s lawyers to sell self defense to a Dekalb County Jury. I’ve tried cases in Dekalb, and Dekalb jurors are smarter than that.

If the surveillance video wasn’t bad enough for Kid Rock, the AJC reports that the witnesses (a waitress and a customer) both testified this week that Kid Rock and his entourage started the fight and kicked Mr. Atkins’ prone body until he was covered in blood. Kid Rock and his co-defendants escaped criminal trials by pleading guilty to the criminal charges for this incident. As a Georgia Personal Injury Lawyer, I’m still surprised to see Defendants, like Kid Rock, refuse to accept responsibility and pay for the harms they cause.

Washington Family Seeks Homeowner’s Insurance Policy Proceeds Following Fatal Dog Bite

September 13, 2010 | Benjamin S. Persons, IV

A Washington State man’s family has filed a wrongful death suit following a fatal dog bite. Kenneth Bock was bitten on the hand by a dog and suffered what seemed to be a minor bite. The following day Mr. Bock developed leg pain and went to the hospital where he was diagnosed with Capnocytophaga canimorsus sepsis. Capnocytophaga canimorus is a gram negative bacterium commonly found in the mouths of dogs and sepsis is a condition where infection overwhelms the blood stream and attacks the entire body. Within ten days of his bite Mr. Bock died.

Most States have a variation of the “first bite” rule for dealing with an owner’s responsibility of animal attacks. Under the traditional “first bite” rule, a dog owner gets a free pass the first time his dog bites someone. However, when the dog bites again the owner will be held responsible. The concept is, once your dog bites someone you gain knowledge of it’s “dangerous propensity.” Where I practice, Georgia, you can be held responsible in one of two ways 1) when you have knowledge of your dog’s “dangerous propensity” or 2) when you are in violation of a leash law. In the Bock case, the family’s lawsuit alleges the dog’s veterinary records show the dog had bitten before and that the dog was unleashed when he bit the victim.

According to the Seattle Times, the insurance company refused to pay the full limits of the homeowner’s policy so the family filed suit. This is not uncommon. Even with wrongful death claims, insurance companies usually offer very little to settle these cases prior to suit being filed. Most insurance companies want to wait and see if the victim’s family has a wrongful death attorney that is prepared to take the case to a jury trial before they will begin to offer a reasonable settlement value. From my experience, most of these cases settle once the evidence is developed proving liability, the cause of death, and the economic and non-economic value of the victim’s life.

Inflatable Slides and Moon Bounces Pose Serious Injury Risk to Children

September 10, 2010 | Benjamin S. Persons, IV

A huge focus of my blog deals child safety issues, because in addition to being a personal injury lawyer, I’m a father of three. Like most parents my number one goal is keeping my children safe. Recently I’ve discovered moon bounces and inflatable slides can pose a serious injury risk. More and more I’m hearing about deaths and serious head injuries from incidents on inflatables, or as my kids call them “jumpy jumps.” Naturally I’m worried and want to read more to find out how these incidents happen.

I started with last year’s report by the U.S. Consumer Consumer Product Safety Commission on the estimated number of injuries and deaths associated with inflatable amusements from 2003 – 2007. According to the study, approximately 6,000 people are injured every year from the use of inflatables. Most of the incidents involved moon bounces (91%) and the most common injuries were fractures (29%). Of course what scared me the most were the reported deaths. How did they happen? From the report and other sources I found numerous death reports.