Personal Injury

$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.

Cobb County Jury Awards $1.1 Million Dollar Verdict for 77-Year-Old Woman’s Serious Injuries Caused by Negligent Repair of Recalled Auto

September 3, 2010 | Benjamin S. Persons, IV

This week a Cobb County jury awarded, 77 year old, Ramona Roper a $1.1 Million dollar verdict for the shattered pelvis injury she suffered from a dangerous and defective vehicle. Ramona worked full time as the City Clerk for the City of Jasper for 30 years. She lived on her own and had a very active lifestyle before the incident.

The case involved a 1994 Dodge Intrepid. It had a defective gear shift assembly which caused it to move out of park when the keys were out of the ignition. Chrysler recalled the Intrepid in 2004. Ramona took the car into Jasper Jeep to have the recall work done on three separate occasions between 2004 and 2007. The first two times the recall part was not in. The third time, the Jasper Jeep technician did not perform the recall work properly.

Shortly after the negligent repairs, Ramona was dropping off some food for her grandchildren when the incident occurred. Her three year old granddaughter reached into the center console of the car to pick up a drink and put her hand on the gear shifter causing it to shift out of park. Ramona’s driver side door knocked her over and the car ran her over. Had the repairs been performed correctly this incident would have been prevented. She suffered numerous fractures to her pelvis, was hospitalized for a week and was in a nursing home for approximately 6 weeks for recovery.

Video – “A World Without Lawyers.” A Look At Civil Justice

September 2, 2010 | Benjamin S. Persons, IV

A World Without Lawyers – Amazing videos are here

Hit and Run Driver Responsible for Fatal Lawrenceville Crash Receives 40 Year Prison Sentence

August 19, 2010 | Benjamin S. Persons, IV

Hit and run driver, Cody Rhoden, pled guilty to 4 counts of vehicular homicide in Gwinnett County this week. Following his plea, the judge sentenced him to 40 years in prison with an additional 30 years of probation. According to prosecutors, Mr. Rhoden caused one of the deadliest car crashes in Gwinnett County history killing 4 people and seriously injuring several others.

According to witness statements, he was zooming through traffic at speeds exceeding 100 miles per hour and had consumed up to five 16 oz beers at an Atlanta Braves game prior to driving home that night. Police say he ditched his Acura after the collision and turned himself in the following day.

The damage this man caused with his reckless driving is truly unimaginable. One of the crash survivors, Latavius Finley, testified at the plea hearing “I’m lost. My first born died in my arms. My fiancee died in my arms. My little brother died after responding to me on the highway. My life has not been the same.” Although nothing can mend the harms suffered by the grieving families, hopefully Mr. Rhoden’s conviction can help bring closure to the victims’ families.

BP to Pay Record $50.6 Million Dollar OSHA Fine for Safety Violations Uncovered at Texas City Refinery Last Year

August 15, 2010 | Benjamin S. Persons, IV

BP will pay a record $50.6 Million OSHA fine for numerous safety violations discovered at a Texas City oil refinery last year. The prior record for an OSHA fine, $21 Million, was also issued against BP for multiple safety violations at the exact same Texas City refinery a few years earlier. OSHA issued the previous record holding fine following a deadly explosion at the BP refinery, in March of 2005, that killed 15 people and injured 170. To say BP did not learn it’s lesson following the tragic 2005 explosion is an understatement.

Specifically, in this most recent round of fines, OSHA issued the BP Texas City refinery 709 citations with a total fine exceeding $80 Million, finding the exact same safety problems at the refinery BP was punished for in 2005. Labor Secretary Hilda Solis stated “The size of the penalty rightly reflects BP’s disregard for workplace safety.” BP accepted 270 violations and agreed to pay $50.6 Million, but is still contesting over 400 of the citations.

Jordan Barab, the deputy director of OSHA, when asked whether BP admitted wrongdoing at the Texas City refinery he said “They have recognized and accepted every citation that we have levied on them” related to their failure to correct violations stemming from the 2005 settlement, “That speaks for itself.”

BP Oil Spill Litigation Consolidated in Federal District Court in New Orleans

August 14, 2010 | Benjamin S. Persons, IV

The U.S. Judicial Panel on Multidistrict Litigation ruled that more than 300 cases filed against BP will be heard by U.S. District Court Judge Carl Barbier in New Orleans. The lawsuits include multiple wrongful death claims filed by the families of those killed in the Deepwater Horizon oil rig explosion as well as hundreds of claims filed by Gulf Coast Businesses seeking economic losses.

The Multidistrict panel’s decision is viewed as a huge blow to BP’s defense efforts. BP requested that the panel consolidate the cases to the center of it’s U.S. Operations, Houston, Texas. However, the panel chose New Orleans and provided the following reasoning “without discounting the spill’s effects on other states, if there is a geographic and psychological ‘center of gravity’ in this docket, then the Eastern District of Louisiana is closest to it.”

Judge Frees Man Serving 8 Years in Prison for Fatal Toyota Acceleration Crash

August 8, 2010 | Benjamin S. Persons, IV

Today, the words unintended acceleration and Toyota go together like peanut butter and jelly, but in 2007 unintended acceleration was a foreign concept to most people. 2007 was the year Koua Fong Lee was sentenced to eight years in prison after his Toyota Camry accelerated without warning and crashed into two cars killing three people. Mr. Lee was on his way home from church with his pregnant wife, father, daughter, brother and niece when the acceleration incident occurred. Mr. Lee always maintained his Toyota accelerated without warning and would not stop even though he was pushing the brake. Toyota denied there was a problem, no one believed Mr. Lee, and he was convicted of vehicular homicide.

Two and half years in prison and 8 million recalled Toyota’s later, Mr. Lee is a free man. Last week a Minnesota judge ordered a new trial and the prosecutor dropped the charges. The civil case against Toyota for causing multiple deaths in that fatal crash remains pending.