Attorney Blog

Nursing Home Abuse Lawyers Obtain Verdict for Elderly Man's Family

blog@www.jasonschultzpc.com (news Author)17540 — Wed, 08 Sep 2010 08:00:00 EST

A Floyd County Georgia jury Friday ordered a Sandy Springs lawyer and nursing home operator to pay $43.5 million in a wrongful death lawsuit. The award will go to the estate of a man whose family said negligent care led to his death at a Rome nursing facility that had been cited for repeated state and federal violations.

In the 52-page wrongful death complaint, filed in March of last year, Loretta Terhune, whose 80-year-old father, Morris Ellison, died April 17, 2007, charged the nursing home failed to provide adequate care. While a resident, he fell numerous times, breaking his hip. The nursing home also did not notify Ellison's doctors or family of his injuries.

"Mr. Houser, through his companies, systematically drained the money and resources from his nursing homes [and] caused all sorts of shortages of food, water and medicine and basic supplies," said Stephen G. Lowry, one of Terhune's two attorneys. "He was severely neglected at the time of his death, malnourished and severely dehydrated." At trial, a nursing home director testified the facility lacked the funds to pay its staff, do laundry and pay bills.

Moran Lake since has resumed operations under a different management company.

Stroke Death Related to Medical Malpractice Settles With Doctors

blog@www.jasonschultzpc.com (news Author)17409 — Tue, 31 Aug 2010 08:00:00 EST

The husband of a woman who died of a stroke will receive a $5.3 million settlement in an Illinois medical malpractice case.

Attorneys representing the family said doctors failed to properly evaluate and treat the 24-year-old woman, allowing her to die of a stroke at a local hospital. The family was represented by attorneys from Hurley, McKenna & Mertz of Chicago. The couple had a son, who is now 6 years old.

The Georgia Tort Claims Act of 1992

jason@jasonschultzpc.com (blog Author)37831 — Fri, 27 Aug 2010 08:00:00 EST

A couple of decades ago it was next to impossible to successfully sue a state government entity in Georgia. Even today suing a state government entity can be complicated. However, Georgia lawmakers eventually passed the Tort Claims Act of 1992, a law to permit lawsuits against the state and make it possible for citizens to take action against government negligence.

Georgia Tort Claims Act of 1992

In 1992, the Georgia Tort Claims Act was signed into law. The legislation effectively ended the sovereign immunity protection the state had enjoyed against tortuous lawsuits. Before that, Georgia citizens were not allowed to sue state agencies or their employees in civil court.

The Tort Claims Act set out specific procedures and guidelines for private citizens or companies bringing suit against state agencies and entities. One of the primary initiatives of the law was to prohibit lawsuits against individual workers at a state entity. In order to address negligence by a state worker, plaintiffs must file suit against the agency which employs the individual.

Restrictions on the Georgia Tort Claims Act

The law also limits the amount of damages that a plaintiff can receive in lawsuits against the state. According to the act, no plaintiff may receive more than $1 million in damages from any one occurrence - even if several state agencies were involved. Also, a plaintiff cannot be awarded any punitive damages in state lawsuits.

The Tort Claims Act also spells out specific exceptions to the elimination of sovereign immunity against state lawsuits. Our article on filing personal injury claims against Georgia government entities goes into more detail about the Tort Claims Act and how it affects your claim.

Speaking with a qualified personal injury lawyer will help you determine if your personal injury claim against a Georgia entity can be pursued.

Contacting a Peachtree City Injury Attorney

As the victim of a Georgia accident, you have rights that the insurance companies cannot ignore. While they have a team of lawyers working on their side, shouldn't you have experienced legal representation fighting for your best interests? Before accepting any settlement offer, contact the Law Offices of Jason Schultz to schedule a no cost consultation of your case - 404-474-0804.

A Brief History of Sovereign Immunity

jason@jasonschultzpc.com (blog Author)37830 — Wed, 25 Aug 2010 08:00:00 EST

It is often difficult to sue a government entity in Georgia. That's because so many government agencies are protected from lawsuits under the auspices of sovereign immunity. But where did the idea of sovereign immunity come from?

Origins in Ancient England

As the name implies, sovereign immunity originated in ancient England, where it was believed that the ruling monarchy could do no wrong. That concept was brought to America by the British. But a court case involving Georgia sought to change that.

Chisholm v. Georgia and the 11^th Amendment

In 1793, the fledgling U.S. Supreme Court allowed a North Carolina resident to sue the state of Georgia over property seized by the Peach State during the American Revolution. As part of a backlash against Chisholm v. Georgia, the U.S. states ratified the 11^th Amendment to the Constitution two years later. This amendment gives sovereign immunity to states against lawsuits by citizens of other states and nations.

Tort Claims Legislation

In the 19^th century, the federal government began chipping away at its sovereign immunity in certain instances. But it wasn't until 1946 that Congress passed the Tort Claims Act, which allowed agents of the federal government to be sued for tortuous acts in federal court. These actions include personal injury claims, acts of negligence, and other complaints that are commonly decided in civil courts today.

Despite the federal government's moves, states still generally operated under sovereign immunity until recently. In Georgia, the Tort Claims Act of 1992 eliminated sovereign immunity for its agencies except under certain circumstances. Nevertheless, it is still tricky and time consuming to file a personal injury claim against a state entity today.

If you are considering such a lawsuit, it is essential that you contact a personal injury lawyer who is competent in dealing with issues surrounding sovereign immunity. For more information on sovereign immunity and its effect on Georgia personal injury claims, read our article on filing personal injury claims against Georgia government entities.

Contacting a Peachtree City Injury Attorney

As the victim of a Georgia accident, you have rights that the insurance companies cannot ignore. While they have a team of lawyers working on their side, shouldn't you have experienced legal representation fighting for your best interests? Before accepting any settlement offer, contact the Law Offices of Jason Schultz to schedule a no cost consultation of your case - 404-474-0804.

Types of Negligence Cases

jason@jasonschultzpc.com (blog Author)37270 — Sat, 14 Aug 2010 08:00:00 EST

When a person has a duty of care and through breaching that care causes serious injuries, he or she may be found guilty of negligence. Fortunately, the victim in a negligence case in Georgia may be entitled to file a Georgia personal injury claim in order to receive damages for his or her injuries.

There are several types of negligence cases, which may include the following:

Auto accident;
Commercial truck accident;
Motorcycle accident;
Pedestrian accident;
Construction accident;
Work-related injury;
Slip and fall;
Dog bites; and
Defective products.

Medical malpractice can also lead to serious injuries, and even death. Common types of medical malpractice may include:

Anesthesia error;
Failure to diagnose;
Misdiagnosis;
Surgical error;
Pharmaceutical error; and
Birth injuries.

If you believe that you have a negligence claim, it's important to understand how the Georgia negligence laws apply to your case. Contacting a Peachtree City personal injury attorney as soon as possible is important, as it allows him or her to collect evidence before it disappears. This helps ensure that you file the lawsuit before the statute of limitations runs out.

Contacting a Peachtree City Personal Injury Attorney

As the victim of a Georgia accident, you have rights that the insurance companies cannot ignore. While they have a team of lawyers working on their side, shouldn't you have experienced legal representation fighting for your best interests? Before accepting any settlement offer, contact the Law Offices of Jason Schultz to schedule a FREE consultation on your case - 404-474-0804

Georgia Texting While Driving Laws

jason@jasonschultzpc.com (blog Author)37269 — Fri, 13 Aug 2010 08:00:00 EST

In a civil suit, the defendant may be found negligent if he or she exhibited behavior that led to personal injury or wrongful death. Many would argue that texting while driving is a form of negligence, because a reasonable person would believe that texting while operating a motor vehicle carries risks. Because texting and driving is so dangerous, Georgia outlawed this act in June 2010.

Georgia texting laws state that a driver cannot operate a vehicle on a public roadway or highway while using a wireless device to read, write, or send a text message, instant message, email or Internet data. The law also states that drivers under the age of 18 are prohibited from using a wireless device in any capacity with an instructional permit or Class D license.

The fine for breaking the texting while driving law is $150, and offenders may have 1 point added to their license.

If you or a loved one recently sustained injuries or suffered a wrongful death because of the negligence of another driver, you should speak to an experienced Peachtree City injury lawyer. Your lawyer can review the circumstances that led to the accident to determine if you have a valid Georgia negligence claim.

Contacting a Peachtree City Injury Lawyer

A skilled personal injury lawyer can help you recover damages when you are involved in an accident where the other driver was texting while driving. As the victim of a Georgia accident, you have rights that the insurance companies cannot ignore. While they have a team of lawyers working on their side, shouldn't you have experienced legal representation fighting for your best interests? Before accepting any settlement offer, contact the Law Offices of Jason Schultz to schedule a FREE consultation on your case - 404-474-0804

Overview of the Georgia Personal Injury Claim Process

jason@jasonschultzpc.com (blog Author)36725 — Fri, 06 Aug 2010 08:00:00 EST

Understanding the process that your Georgia personal injury claim will go through is vital as you and your attorney take your case from the day of the accident to the day you receive a settlement or court award.

Preserving and Collecting Evidence

◦ At the scene of your accident you will want to preserve as much physical evidence as possible such as your damaged car, torn or bloody clothing, pictures of your injuries, and the like.
◦ Your Georgia injury lawyer will begin collecting medical records, police reports, witness and expert accounts, and other pertinent evidence.

Maintaining Proper Medical Care

◦ Immediately following your Georgia personal injury accident, you need to get medical attention.
◦ Your personal injury claim revolves around communicating how and where your injuries occurred to your doctors, keeping all your medical appointments, and committing to your recovery.

Hiring the Right Georgia Personal Injury Attorney

◦ The sooner you are represented by a competent attorney, the greater an impact your injury lawyer can have upon your case and its outcome.
◦ You should hire a lawyer who has expertise in representing accident victims in circumstances similar to your own.

Negotiating a Settlement

◦ Your Georgia personal injury lawyer will diligently collect compelling evidence and present it to the liable party, usually an insurer.
◦ If the insurance company offers you a settlement, your personal injury lawyer can help you determine if it will adequately address your needs and if not, begin negotiating with the insurance company for you.

Filing a Georgia Personal Injury Lawsuit

◦ Based upon the full assessment of your injuries and approximate value of your pain and suffering, your lawyer may discuss bringing your claim to trial if the insurer, for whatever reasons, refuses to settle fairly.

To learn more about your Georgia personal injury claim, visit our article library.

Contacting a Georgia Personal Injury Lawyer

As the victim of a Georgia personal injury accident, you have rights that the insurance companies cannot ignore. While they have a team of lawyers working on their side, shouldn't you have experienced legal representation fighting for your best interests? Before accepting any settlement offer, order a FREE copy of our consumer guide, The Ultimate Guide to Accident Cases in Georgia - The Truth About Your Injury Case and contact the Law Offices of Jason Schultz to set up a FREE consultation on your case - 404-474-0804

Basic Steps in a Georgia Personal Injury Claim

jason@jasonschultzpc.com (blog Author)36876 — Fri, 06 Aug 2010 08:00:00 EST

The steps involved in a Georgia personal injury claim vary according to the specific details of your case, such as the type of accident, severity of the injuries and issues of negligence and liability.

A Fayette injury lawyer can help you protect your legal rights to seek full and fair compensation for your injuries and other damages in a Georgia personal injury claim. An attorney will have you sign waivers so that he or she can obtain and review the documented evidence and merits of your case.

Once you and your Fayette injury lawyer agree to move forward with your claim, a notice of representation will be sent to the defendant and their insurer telling them you have obtained counsel.

At this point, the insurer should contact your lawyer directly on all matters pertaining to the case. If an insurance adjuster contacts you directly, you should instruct them to contact your legal counsel.

Your Fayette injury lawyer will work to gather evidence in order to present your claim in a compelling way. Building your claim around strong evidence is key to obtaining a sufficient settlement. Your lawyer must use the evidence collected to establish negligence by showing that:

The defendant owed you a duty of care;
The defendant breached, or broke, this duty;
The breach caused your injury; and
You incurred recoverable damages from the injury.

When all of the evidence has been assembled, and/or you have fully recovered from your injuries/received a full prognosis, your attorney will present a settlement package to the insurer which will include the cause of negligence by their client, and the full amount of damages you suffered as a result of the accident.

If the insurer agrees to the amount, you may choose to settle the case and you will receive your compensation. If not, your Fayette injury lawyer will usually file a lawsuit on your behalf.

To learn more about your Georgia personal injury claim, visit our article library.

Contacting a Fayette Injury Lawyer

As the victim of a Georgia personal injury accident, you have rights that the insurance companies cannot ignore. While they have a team of lawyers working on their side, shouldn't you have experienced legal representation fighting for your best interests? Before accepting any settlement offer, order a FREE copy of our consumer publication, The Ultimate Guide to Accident Cases in Georgia - The Truth About Your Injury Case, and contact the Law Offices of Jason Schultz to schedule a FREE consultation on your case - 404-474-0804.

Why a Georgia Personal Injury Claim Can Be So Complicated

jason@jasonschultzpc.com (blog Author)36877 — Fri, 06 Aug 2010 08:00:00 EST

When you suffer a severe injury in a car accident in Georgia, you may be faced with a long road to recovery, in addition to mounting medical bills and time spent away from work. All of these things can lead to financial disaster for even the most economically secure families. This is why many victims of negligence choose to pursue compensation through a Georgia personal injury lawsuit.

A personal injury claim may be able to help you secure the necessary resources to address your medical bills, as well as providing for your family in the event that you are unable to return to work. But before you can benefit from the compensation to which you may be entitled, you will have to navigate the sometimes complicated world of a Georgia personal injury claim.

Once you are able to supply your Peachtree City accident attorney with all of the pertinent details of your case, they can handle the "heavy lifting" for you when it comes to filing all of the paperwork associated with your Georgia personal injury claim. There are many stages in a personal injury lawsuit, which will vary depending on the circumstances of your case. Generally speaking you can expect the following steps in your claim:

Filing of the complaint;
Summons/service of process;
Answer;
Counterclaim;
Reply to counterclaim;
Cross-claim; and
Answer to cross-claim.

To learn more about the process of a Georgia personal injury claim and what is involved in each of these stages, visit our article library.

Contacting a Peachtree City Car Accident Attorney

As the victim of a Georgia car accident, you have rights that the insurance companies cannot ignore. While they have a team of lawyers working on their side, shouldn't you have experienced legal representation fighting for your best interests? Before accepting any settlement offer, order a FREE copy of our consumer guide, The Ultimate Guide to Accident Cases in Georgia - The Truth About Your Injury Case and contact the Law Offices of Jason Schultz to schedule a FREE consultation on your case - 404-474-0804.

Phases in a Georgia Personal Injury Claim

jason@jasonschultzpc.com (blog Author)36722 — Thu, 05 Aug 2010 08:00:00 EST

When you are seriously injured in an accident involving someone else's negligence, your Georgia personal injury claim will consist of many necessary phases beginning with the day of your accident, and ending the day your claim is resolved.

Preserving and Collecting Evidence

This phase begins the moment you are injured in your accident, and can continue until your claim resolves. As an example, after a car accident in Peachtree, you should immediately take pictures at the crash scene. You should also get all names and numbers from any witnesses, and preserve your clothing if they evidenced trauma.

Seeking Proper Medical Treatment

After an accident you may be taken to the emergency room for medical treatment. If you do not go immediately to the hospital, you should still seek medical attention after your accident as certain injuries-even serious or potentially fatal injuries-may not be apparent directly after the accident has occurred.

Your medical treatments, corrective surgeries, or rehabilitation may continue long after your accident. Your case will revolve around your commitment to keeping these appointments, and your good faith efforts to recover from your injury.

Hiring a Personal Injury Attorney

Hiring the right lawyer for your case is a crucial phase in any Georgia personal injury claim. An experienced, well-qualified personal injury lawyer who knows all laws and practices applicable to your case can help you fight for a full and fair settlement so that you can heal physically, financially, and emotionally from your injury.

Settlement Negotiations

Your Georgia personal injury lawyer will also determine who the liable person and/or entity is for your injuries, and guide you through the process of filing a claim with the responsible party.

An insurance carrier will negotiate directly with your Georgia personal injury lawyer and if a fair settlement cannot be reached through negotiation, your claim may proceed to court.

To learn more about your Georgia personal injury claim, visit our article library.

Contacting a Fayette Injury Lawyer

As the victim of a Georgia personal injury accident, you have rights that the insurance companies cannot ignore. While they have a team of lawyers working on their side, shouldn't you have experienced legal representation fighting for your best interests? Before accepting any settlement offer, order a FREE copy of our consumer guide, The Ultimate Guide to Accident Cases in Georgia - The Truth About Your Injury Case and contact the Law Offices of Jason Schultz to set up a FREE consultation on your case - 404-474-0804

Different Types of Accidents and Personal Injury Cases

jason@jasonschultzpc.com (blog Author)36155 — Sat, 31 Jul 2010 08:00:00 EST

There are many different kinds of personal injuries. Some involve cars or trucks, others are slip and fall, construction accidents, or accidents that occur as a result of faulty products.

When it comes to Georgia personal injury cases, the type of accident that occurred matters less than how much damage was sustained. While a Georgia accident may seem relatively minor, it can end up having serious effects in some situations.

For example, a fall may cause little more than a sore back or twisted ankle in some people, but another slip and fall victim may suffer serious injuries including broken bones or head injuries.

The injuries sustained in any accident may strongly affect the person for the remainder of his or her life, leading to job loss and decreased mobility, and interfering with the person's quality of life.

What all accident types have in common is the responsibility of you (the plaintiff) and your personal injury attorney to prove that negligence and liability rests with the person or company that caused your accident and resulting injuries.

Evidence is vital when proving who was negligent in an accident. The evidence you can preserve, including police reports, photographs, witness testimony, medical records, and other documentation will become the backbone of your case in almost all personal injury cases.

You can learn about how to preserve your injury claim by visiting our article library.

Contacting a Peachtree City Injury Attorney

As the victim of a Georgia accident, you have rights that the insurance companies cannot ignore. While they have a team of lawyers working on their side, shouldn't you have experienced legal representation fighting for your best interests? Before accepting any settlement offer, contact the Law Offices of Jason Schultz to set up a FREE consultation on your case - 404-474-0804

Having Your Attorney Speak With an Insurance Adjuster

jason@jasonschultzpc.com (blog Author)36153 — Fri, 30 Jul 2010 08:00:00 EST

After a Georgia car accident, you will probably be in contact with many people. There are emergency workers, doctors, witnesses and others who may come to your aid, and there are also representatives from insurance companies.

When you speak with insurance company adjusters and representatives, you need to be extremely careful with what you say. Insurance adjusters are trained to get you to make statements that can weaken your personal injury claim.

Knowing what to say and what not to say can be difficult, especially if you don't have experience dealing with insurance adjusters.

Following an accident, you probably are stressed, upset, and in pain. You might also be on medications. All these things compromise your ability to guard your best interests.

You should speak with a Georgia personal injury attorney before speaking with an insurance adjuster. An attorney can help you understand the claims filing process and will advise you on things you can do to strengthen your personal injury case.

If you are unable to or uncomfortable with speaking to the insurance adjuster yourself, your Georgia person injury attorney can speak to him or her on your behalf. This option can prevent you from accidentally saying anything that mya harm your potential injury settlement.

You can learn about how to preserve your injury claim by visiting our article library.

Contacting a Peachtree City Car Accident Attorney

As the victim of a Georgia car accident, you have rights that the insurance companies cannot ignore. While they have a team of lawyers working on their side, shouldn't you have experienced legal representation fighting for your best interests? Before accepting any settlement offer, order a FREE copy of our consumer guide, The Ultimate Guide to Accident Cases in Georgia - The Truth About Your Injury Case and contact the Law Offices of Jason Schultz to set up a FREE consultation on your case - 404-474-0804

Driver Distraction Is a Significant Cause of Car Accidents

jason@jasonschultzpc.com (blog Author)36154 — Fri, 30 Jul 2010 08:00:00 EST

We live busy, multi-tasking lives that sometimes spill over into our time behind the wheel. Perhaps, on the way to the dentist, you are thinking about the report due at work or who will pick up the kids from school, and your phone rings. What do you do? Do you answer it?

The correct answer, we all know, is to let it ring. And studies will back that up. Distracted driver car accidents in Peachtree City are indicative of a larger national trend. Statistics show that driver distraction-activities that are not related to driving and that take your attention away from the road-is one of the main causes for car accidents in drivers ages 18 to 34.

According to the National Highway Traffic Safety Administration, 80% of crashes and 65% of near-crashes involve some sort of driver distraction.

As a result of these driver distraction statistics, many states have banned cell phone usage while driving. In the state of Georgia, legislation was passed on July 1 that made texting while driving illegal for all drivers, and young drivers are banned from any cell phone use while driving.

Cell phones are not the only cause of driver distraction. Digging through CDs or browsing through iPod options for that perfect driving song is unsafe, as is adjusting your seat while driving, gawking at something happening on the side of the road or mediating disputes between kids in the back seat. All of these are incidents of driver distraction which can lead to a serious car accident in Peachtree City.

You can control your own actions and choose to protect yourself and your passengers by paying attention while you drive.

Unfortunately, you cannot control the drivers around you. If you've been involved in a Georgia car accident as the result of driver distraction, contact a Peachtree City car accident attorney to discuss your rights. To learn more about what to do after a car accident in Peachtree City, visit our article library.

Contacting a Peachtree City Car Accident Lawyer

As the victim of a car accident in Peachtree City, you have rights that the insurance companies cannot ignore. While they have a team of lawyers working on their side, shouldn't you have experienced legal representation fighting for your best interests? Before accepting any settlement offer, order a FREE copy of our consumer guide, The Ultimate Guide to Accident Cases in Georgia - The Truth About Your Injury Case and contact the offices of Jason Schultz to schedule a FREE consultation on your case - 404-474-0804

How to Obtain a Georgia Car Accident Report

jason@jasonschultzpc.com (blog Author)36151 — Thu, 29 Jul 2010 08:00:00 EST

We all live busy lives, and the last thing we expect or want is to be involved in a car accident. If you have had the misfortune of being involved in a serious car accident in Peachtree City, there are certain steps you can take to increase the odds that you will have a successful financial recovery after the crash.

When serious car accidents occur, an officer will arrive on the scene and file what is called an official Georgia Motor Vehicle Accident Report. Three days later, the investigating police department will release the official Georgia car accident report.

The Georgia car accident report is very detailed, and contains a lot of useful information for your Peachtree City car accident attorney. For instance, the officer on the scene will likely make notes about who they believe is at fault for your crash.

The Georgia car accident report will also record whether a citation was issued, and will include a narrative of events as assessed by the officer. The officer bases his narrative on a review of the scene and on interviews with participants in and witnesses to the car accident in Peachtree City.

Obtaining a Georgia Car Accident Report

A copy of your Georgia car accident report should be available at your local police department headquarters. If for some reason you are unable to obtain the record there, the Georgia Department of Transportation is a repository for all Georgia car accident reports filed. A report may be obtained by ordering online from http://www.buycrash.com/. The cost is $10 and a variety of search options are available to assure you locate the correct Georgia car accident report. To learn more about what to do after a car accident in Peachtree City, visit our article library.

Contacting a Peachtree City Car Accident Lawyer

As the victim of a car accident in Peachtree City, you have rights that the insurance companies cannot ignore. While they have a team of lawyers working on their side, shouldn't you have experienced legal representation fighting for your best interests? Before accepting any settlement offer, order a FREE copy of our consumer guide, The Ultimate Guide to Accident Cases in Georgia - The Truth About Your Injury Case and contact the offices of Jason Schultz to schedule a FREE consultation on your case - 404-474-0804

Newnan Wrongful Death Lawyer - Sharpsburg Motorcyclist Killed

blog@www.jasonschultzpc.com (news Author)14092 — Fri, 16 Apr 2010 08:00:00 EST

Lucas Gangi, 30, of Sharpsburg, was killed Thursday morning when the driver of a car pulled in front of his motorcycle at the intersection of Palmetto-Tyrone Road and Minix Road in north Coweta County.

The accident occurred at 7:37 a.m., according to Lt. John LaChance of the Coweta County Sheriff's Office.

The driver of the car was apparently attempting to make a left turn headed westbound on Palmetto-Tyrone Road when he failed to yield the right-of-way to Gangi. The most common cause of a motorcycle crash is the motorists failure to yield. The motorcyclist tried to take evasive action by laying the bike down to no avail. Gangi was later pronounced dead at Piedmont Hospital.

Atlanta Man Charged in Wrong Way DUI Collision Involving Serious Injuries

Jason@JasonSchultzPC.com (blog Author)29269 — Wed, 31 Mar 2010 08:00:00 EST

In February, a motorist drove the wrong way on Interstate 85 in Atlanta, causing a multi-vehicle crash that left four people seriously injured. The motorist has now been charged with DUI, driving the wrong way, and driving without a license.

On February 14th, Franklin Alvarez Hernandez drove his Chevy Blazer south in the northbound HOV lane. The Chevy struck a Ford Explorer, causing it to roll over. Another Explorer struck the first one, after which the Chevy struck a Buick LeSabre. In all, four vehicles were involved in the crash and four people suffered serious injuries.

The crash involving Hernandez was one among a series of wrong way driving accidents that Atlanta injury lawyers had been concerned about over the past 12 months. Many of these accidents resulted in serious injuries or fatalities. The Georgia Department of Transportation estimates that 22 people died in wrong way driving collisions in the metro Atlanta region alone over the past six years. In most of these accidents, the wrong way drivers were driving under the influence of alcohol, drugs or prescription medication.

As an Atlanta drunk driving accident attorney, that does not surprise me in the least. A motorist driving under the influence suffers from a lack of judgment and is much more prone to driving errors, having lethal consequences. Just this month, I blogged about a Marine killed in a wrong way driving accident in Atlanta. The Marine's wife was critically injured in the accident caused by a 71-year-old motorist driving eastbound in the westbound lanes of I-20.

Jason Schultz is an Atlanta car accident lawyer, helping injured victims of car wrecks in and around the metro Atlanta region.

Fayette County Personal Injury Lawyer Supports Bill Requiring Pickup Truck Drivers to Wear Seat Belts

Jason@JasonSchultzPC.com (blog Author)29274 — Wed, 31 Mar 2010 08:00:00 EST

This Georgia personal injury attorney welcomes a new bill that has just been passed by the Georgia Senate. The bill will extend mandatory seatbelt laws to occupants of pickup trucks. The law currently exempts drivers of pickup trucks from having to buckle up at all times.

This moment has been a long-time coming. Injury lawyers in Atlanta and auto safety groups have been pushing for a law like this for years now. There have been several near misses in the past when the bill came close to being passed.

Experts estimate that the lack of mandatory seatbelt laws for pickup truck drivers in Georgia contributes to approximately 67% of all pickup truck-related deaths in the state. These are lives that could have been saved had the state moved to make buckling up compulsory for occupants of pickup trucks. Other estimates place Georgia's savings from Medicaid costs alone at about $25 million over a period of 10 years, once the bill goes into effect.

Seatbelt use is the single biggest factor responsible for a decline in highway fatality rates over the past few years. The national rate of seatbelt use is more than 84%, with Georgia's rates hovering at around 89% which is much better than the national average, but much lower than in states like California and Washington where the seatbelt use rate is more than 95%.

You can increase your chances of surviving an accident merely by buckling up. More lives will be saved once this bill becomes law.

Atlanta Medical Malpractice Lawyer Applauds Georgia Supreme Court for Overthrowing Medical Malpractice Damages Cap

Jason@JasonSchultzPC.com (blog Author)29275 — Wed, 31 Mar 2010 08:00:00 EST

In a historic judgment, the Georgia Supreme Court has overthrown a rule capping pain and suffering damages in medical malpractice practice lawsuits at $350,000. According to the decision, capping damages like this violates a citizen's right to trial by jury.

The decision involves a medical malpractice lawsuit filed by Betty Nestlehutt, who suffered severe disfigurement and scarring after a facelift gone wrong at Atlanta Oculopastic Surgery. Nestlehutt had visited the center for surgery to treat wrinkles around her mouth and bags under the eyes. Soon after the procedure, however, Nestlehutt developed gaping sores on her face. Those sores have since left permanent scars. Nestlehutt sued, and a Fulton County jury awarded her $1.15 million in noneconomic damages, including $900,000 for pain and suffering.

In 2005, the Georgia legislative assembly passed sweeping tort reform laws that, its supporters said, would limit medical malpractice insurance premiums and encourage doctors to stay back in the state. The key provision of the reform laws was a cap on noneconomic damages in medical malpractice cases. These damages were capped at $350,000. Atlanta Oculoplastic Surgery appealed the verdict, based on the non economic damages cap, and was denied. The matter went to the Supreme Court, and Georgia's highest court has thrown out the cap too.

As an Atlanta medical malpractice lawyer, I have always believed that the cap is unconstitutional and a blatant violation of citizens' rights. I have been happy to see that the Georgia Supreme Court got this decision right.

Decatur Dog Bite Attorney - DeKalb County Dog Bite Attack Leaves Child in Hospital

Jason@JasonSchultzPC.com (blog Author)28639 — Fri, 19 Mar 2010 08:00:00 EST

An eight-year-old child was severely mauled by two dogs in Dekalb County last week. She continues to remain in a critical condition at Children's Health Care of Atlanta at Egleston.

Erin Ingraham was attacked by the Staffordshire Terrier dogs as she was playing in her own yard. The dogs were apparently left in their owner's garage with the door open. There were no leashes or other restraints to keep the dogs on their own property. Two officers who responded to the scene were able to pull the two dogs off the little girl. One of the dogs was shot when it attacked an officer, and the other dog ran back into its owner's house and was soon caught. The second dog is likely to be euthanized.

The dog's owner, Twyann Atrrell Vaughn, is expected to be charged in the attack.

Erin has already had vascular and plastic surgery. The road to recovery is going to be a long stretch for this little girl, and my thoughts and prayers continue to be with her and her family.

There is no concrete information yet about whether the dogs had a previous history of attacks, or whether Vaughn has been cited before for any attacks involving his dogs. However, his neighbors say that the dogs seemed very aggressive. Residents in the area were always fearful of an attack. Apparently, the dogs had been involved in attacks on a neighbor's pet cat, as well as on another person.

Jason Schultz is an Atlanta dog bite lawyer, helping injured victims of dog bites recover compensation for their injuries.

Escalator injury Lawyer - Most MARTA Escalators Shut Down for Repairs

Jason@JasonSchultzPC.com (blog Author)28640 — Fri, 19 Mar 2010 08:00:00 EST

MARTA users can expect to trudge up and down stairs in several stations after the agency announced that it would be shutting down more than half of its escalators because they were in need of repairs.

The agency conducted a mass inspection of the escalators in its stations after it was found that an employee of the maintenance contractor had bypassed security circuits at the Dunwoody Station. The employee also likely worked on numerous other escalators throughout the system. That led MARTA to announce that more than 100 of its 149 escalators would be shut down. Currently, 84 escalators are not in working condition. Most of those shutdowns are due to dangerous conditions such as broken steps and stairs, and dangerously wide gaps between the step and the skirting of the escalator.

None of this is good news for MARTA. The agency is already grappling with a $120 million budget deficit, and these inspections and the repairs that will be needed will not make things easier. The escalator inspections alone have cost more than $1 million. It is, however, good to see MARTA take the issue of escalator safety and injury prevention very seriously.

Jason Schultz is an injury lawyer in Atlanta helping victims of personal injury, including those injured in escalator accidents.

Atlanta Wrongful Death Lawyer - Marine Killed in Wrong Way Driving Accident in Atlanta

Jason@JasonSchultzPC.com (blog Author)28642 — Fri, 19 Mar 2010 08:00:00 EST

A Marine who was on his way home to Alabama after a tour of duty in Iraq was killed this week in Atlanta. Police confirmed that the crash was caused by a wrong way driver.

Lance Cpl. Gregory Suedmeyer and his wife Katelyn were on their way home to Huntsville, Alabama, when their car was struck by a Chevy Silverado, driven by a 74-year-old Bruce Joseph Quayle. He was apparently driving eastbound in the westbound lanes of I-20. He drove at least one mile in the wrong direction before his car crashed head-on into the Suedmeyers.

The Marine was taken to Grady Memorial Hospital, where he later died. His wife continues to remain in a critical condition. Police are investigating how he ended up driving the wrong way on the interstate. Just before the fatal crash, numerous emergency calls were made to Douglas County 911 about the wrong way driver.

This traffic fatality is especially tragic given the fact that Suedmeyer was a young Marine who had survived deployment in Iraq only to be killed near his home in an automobile collision. The fatal wreck occurred in a week in which the Department of Transportation estimated that highway crash fatality rates last year had been the lowest since 1954. There are fewer people dying in crashes across the country, but accidents like this one remind everyone, including Atlanta wrongful death lawyers exactly why we need to keep focusing on preventing the needless loss of innocent lives.

Newnan Personal Injury Lawyer - Lawsuit Settles for $7 Million

blog@www.jasonschultzpc.com (news Author)13308 — Tue, 09 Mar 2010 08:00:00 EST

The city of Los Angeles paid $7 million to settle the case of a volunteer for the Los Angeles Triathlon, who suffered verebral fractures and was left a paraplegic from the crash. The volunteeer was on his motorcycle helping to officiate the bicycle portion of the triathlon. Unfortunately, a city police officer motioned for a vehicle to enter an intersection into his path, which caused the tragic and life altering collision. The intial police report blamed the volunteer for speeding and causing the wreck.

Truck Accident Results in $24.3 Million Verdict for Injured Child

blog@www.jasonschultzpc.com (news Author)13310 — Tue, 09 Mar 2010 08:00:00 EST

An Oregon girl whose truck driver father ran her over with his tractor trailer received $24.3 million in damages from a jury. The trucking company that hired the father, Freeway Transport Inc., was liable for the girl's injuries.

The girl suffered severe injuries to her entire lower body that will require many future surgeries. Along with the prospect of hip replacement and other procedures, the injuries also will "affect her private functions" for the rest of her life.

Georgia Dog Bite Lawyer - Infant Deaths in Dog Bites Raise Questions

Jason@JasonSchultzPC.com (blog Author)27943 — Tue, 09 Mar 2010 08:00:00 EST

Two separate incidents across the country this year have involved newborn infants killed by attacks involving their family dogs. As a dog bite lawyer in Atlanta, it is difficult to read or even think about infants being killed by their family pet.

One incident occurred in Georgia, and involved a five-day-old infant. The baby was in a bassinet in her room. When the mother walked in, she found the family pit bull on top of the bassinet. It had bitten the infant, which was bleeding profusely. The baby was airlifted to Children's Healthcare of Atlanta, but did not respond to treatment.

The other fatal incident occurred in Minnesota, and involved a 10-day-old baby. The baby was in a child car seat and alone in a room, when it was attacked by the family's Siberian Husky.

Both these incidents illustrate how unpredictable animal behavior can be and also the need for helping your family pets adjust to the new baby in the family.

As an Atlanta dog bite lawyer, I would encourage parents not to assume that their dog is going to be as welcoming of the new arrival as they are. Animal behavior is not an exact science and there is still much to learn as to why a dog attacks.

Animal and dog bite safety experts say that dogs see their world as a hierarchy. Therefore, right from the time the baby arrives home, your dog must be made to understand that the baby ranks above the dog in the family hierarchy. Any violation of this hierarchy must be met with strict discipline. Experts say this is the only way you can make your dog understand that the baby is off limits.

Atlanta Georgia Dram Shop Attorney - Georgia Wrongful Death

blog@www.jasonschultzpc.com (news Author)13252 — Fri, 05 Mar 2010 08:00:00 EST

The family of a Texas woman killed in a December crash with an off-duty police officer filed a dram shop lawsuit the bar where the officer got drunk. The family decided to sue the bar in order to hold them accountable for over-serving patrons and placing profits before safety. The suit was filed under the Dram Shop Act, which allows those who sell alcohol to an obviously intoxicated person to be held liable for resulting damages. It alleges that servers at the bar continued to serve the officer to the point of him becoming "dangerously inebriated," then allowed him "to stagger out of the bar and drive away from bar in a city owned car."

Lawyers for the family said "[t]here is no amount of money that could replace the loss of life that this family has suffered . . . [and that the case] is not about the money. The lawsuit hopefully sends a message to bars and drinking establishments alike so that this tragedy doesn't happen again".

Peachtree City Personal Injury Lawyer - Increasing Risk of Accidents Posed by Aging Population

Jason@JasonSchultzPC.com (blog Author)27528 — Mon, 01 Mar 2010 08:00:00 EST

The number of motorists in Atlanta and around the country is expected to jump from 9 million to 20 million in the next two decades. You don't have to be a traffic safety expert or an injury lawyer in Atlanta to understand how that could impact motorist safety.

My Fox Atlanta has a report on senior drivers and the special limitations they face while driving. The report makes for interesting reading, and includes insights from traffic safety experts in Atlanta, senior motorists and health experts. Statistically, the figures are in favor of senior motorists. Contrary to what people like to believe, older citizens are not more likely to be involved in an accident than younger drivers. In fact, the data shows that in an accident involving both a younger and older motorist, the younger motorist is more than twice as likely to have been at fault in the accident. Older motorists, not surprisingly, cite these facts when they defend their right to drive.

When it comes to the special risks that older motorists face however, there is no denying the fact that as a person ages, he/she is very likely to find many of his/her senses dulling. These persons may suffer from failing vision and some degree of hearing loss which can impact the ability to drive. Older people may also find that their reflexes are not as sharp as they used to be. This can be dangerous in a driving emergency, when a motorist has to slam on the brakes or make a sudden turn.

Experts encourage people who are concerned about their parent's motoring abilities to have a frank discussion with them. If your parent's driving abilities are worsening and your pleas fall on deaf ears, get your family doctor to help. The ideal situation would be for a senior to voluntarily make the decision to stop driving.

Gwinnett County Personal Injury Lawyer - Three Children Injured in Bus Accident

Jason@JasonSchultzPC.com (blog Author)27259 — Wed, 24 Feb 2010 08:00:00 EST

Three buses, carrying a group of sixth graders on a field trip, were involved in a multi vehicle crash on Interstate 85 in Gwinnett County.

Apparently, one of the buses was unable to slow down in time to avoid hitting another bus that had just slowed down in front. In all, there were six buses transporting students of the Beck's Middle Academy on a trip to the Georgia Aquarium and the King Tut Museum, and three of which were involved in the crash. The buses that crashed were carrying a total of 131 students.

Three children were injured. None of them suffered serious injuries, but one had to be taken to the hospital as a precautionary measure. The buses were not school buses or district-owned buses, but commercial charter buses

Being an Atlanta personal injury lawyer and a parent, school bus safety continues to be a major concern for me. There are still no rules requiring seatbelts on all school buses. In fact, the National Transportation Safety Board ("NTSB") has just taken its recommendation that the National Highway Traffic Safety Administration take more steps to enhance safety for school bus passengers off its Most Wanted list. The NTSB is citing the fact that in 2008, the NHTSA increased seat back height specifications, and set voluntary standards for seat belts on buses. The new NHTSA rules, which will take effect in 2011, will require that small school buses come with lap shoulder belts. However, there will be no such requirement for large school buses.

Jason Schultz is a Gwinnett County personal injury lawyer, helping injured victims of car, tractor trailer and bus accidents recover the compensation they deserve.

Drunk Driving Accident - $18.5 Million Verdict for Serious Injuries

blog@www.jasonschultzpc.com (news Author)12906 — Fri, 19 Feb 2010 08:00:00 EST

A Colorado jury returned a $18.5 million verdict for a man who was seriously injured when a driver drunk on alcohol and high on marijuana left a mountain road and slammed into him as he was changing the oil on his wife's car in their driveway. $1 million in punitive damages was assessed against the drunk driver for driving while drinking and smoking marijuana and for fleeing the scene of a collision amid the screams of his victims.

Marietta Dog Bite Lawyer - Vicious Pit Bull Attacks Child

Jason@JasonSchultzPC.com (blog Author)26939 — Thu, 18 Feb 2010 08:00:00 EST

A 7-year-old girl in Marietta, Cobb County is recovering from serious leg injuries she sustained in a dog bite attack this week.

According to the Atlanta Journal Constitution, the girl was walking alone near her Mobile Valley mobile home park when the dog ran across the street and attacked her. A passerby was able to pry the dog off the girl by using a piece of wood to scare the dog away. He then took the child to the hospital. She's currently recovering at Children's Health Care of Atlanta at Egleston. The dog has since been euthanized. The owners may now have charges filed against them.

Not surprisingly, an overwhelming majority of dog bite attacks in Georgia involve children. Most children who are bitten by a dog are between 5 and 9 years of age. The Centers for Disease Control and Prevention estimates that there are close to 4.5 million dog bites in the country every year. However, when you consider that many dog bites are not reported, or don't result in injuries that are serious enough to require medical attention, you understand that that is a very modest estimate. According to the CDC, about 880,000 dog bite victims seek emergency medical attention at a hospital every year.

Georgia's dog bite laws help protect and compensate attack victims. However, if the dog is on the leash, an attack victim must prove that the owner had information about the dog's vicious propensity. The term "vicious" doesn't necessarily mean that the dog needs to have been involved in an earlier attack. The law does require proof that the dog was involved in some aggressive, unprovoked, ferocious behavior in an earlier instance.

Jason Schultz is a dog bite lawyer in Atlanta helping injured victims recover compensation for their losses.

Atlanta Accident Attorney

blog@www.jasonschultzpc.com (news Author)12850 — Tue, 16 Feb 2010 08:00:00 EST

Contact between vehicles on an interstate resulted in a fractured pelvis for plaintiff. Defendants asserted contributory negligence and sudden emergency defenses, but a Hall County, Georgia jury returned a verdict for plaintiff in the amount of $52,716. Plaintiff was operating her vehicle southbound on an interstate. Defendant was operating a vehicle owned by co-defendants behind Plaintiff's vehicle, but in a separate lane of travel. Defendant allegedly struck plaintiff's vehicle, causing it to spin off the roadway, strike a tree and overturn. As a result, plaintiff was trapped upside down in the vehicle and had to be rescued by emergency personnel. Plaintiff alleged negligent and reckless driving by Defendant and alleged Co-Defendants were liable for allowing permissive use of their vehicle by Defendant. Plaintiff further asserted that she suffered a fractured pelvis and injuries to her back, leg and knee as a direct result of the accident. Defendants denied plaintiff's allegations. Defendants claimed plaintiff failed to exercise ordinary care. They also argued that plaintiff's negligence was equal to or greater than their alleged negligence in that she encroached on defendant's lane of travel, resulting in contact between the vehicles. Defendants also asserted a sudden emergency defense on the basis that other traffic contributed to the accident.

Atlanta Truck/Car Accident Attorney

blog@www.jasonschultzpc.com (news Author)12851 — Tue, 16 Feb 2010 08:00:00 EST

A motorist claimed a dump truck driver failed to yield the right-of-way while merging onto an interstate and was responsible for a collision that caused injuries to the plaintiff. The defendants denied liability and a JHall County, Georgia jury returned a defense verdict in the case. Plaintiff was operating her vehicle westbound on an interstate through a construction zone. At the same time, Defendant attempted to enter the same construction zone on the interstate. As a result, a vehicle traveling in front of plaintiff suddenly slowed in an attempt to avoid hitting the dump truck. Plaintiff rear-ended the slowing vehicle. There was no contact between the vehicle or the dump truck. Plaintiff alleged defendant failed to yield the right-of-way to traffic and improperly attempted to enter the interstate when he did not have a clear path to do so. Defendants denied liability. Defendants asserted that plaintiff and the driver in front of her were speeding through the construction zone and failed to keep a proper lookout for construction vehicles. Defendants contended that the driver in front of plaintiff unexpectedly changed lanes in order to avoid striking the dump truck, causing the rear-end collision.

Atlanta Food Poisoning Lawyer

blog@www.jasonschultzpc.com (news Author)12856 — Tue, 16 Feb 2010 08:00:00 EST

A man claims he was sickened in a nationwide salmonella outbreak. He has sued Rhode Island meat company Daniele (dan-YEHL'-ee) International and Wholesome Spice in New York, alleging salami containing tainted pepper made him sick. Hanks purchased Salami products made by Daniele at a Wal-Mart.

He fell ill within a day of consuming the products, with nausea and diarrhea that continued to worsen, saw his physician and took medications prescribed by him, then went to the emergency room at his local hospital, where he was treated for severe dehydration and bacterial infection. Tests were positive for salmonella and Hanks continues to recover from his illness. Daniele recalled the salami and changed its spice suppliers.

Atlanta Hit and Run Pedestrian Lawyer

Jason@JasonSchultzPC.com (blog Author)26552 — Thu, 11 Feb 2010 08:00:00 EST

A woman who was seriously injured in a pedestrian accident involving a hit and run driver in Atlanta, is making an emotional appeal for more information that can lead to the arrest of the motorist responsible.

The accident occurred on January 31^st. Lashonia Jones was hit by a car on Ponce De Leon Avenue in Atlanta at around 9:30pm. Jones remembers little of the actual impact. She was thrown several feet away, and only realized something was wrong when she came to, and saw her daughter screaming. She has suffered a hip injury, and is currently undergoing rehabilitation therapy to be able to walk again.

Meanwhile, the Atlanta Police Department is continuing its search for the motorist. He or she didn't wait around to offer Jones any help, but sped right off. Jones believes that the motorist must have known she had been hit, because he/she ran a red light soon after the collision.

As an accident lawyer in Atlanta, I see this kind of thing often. Motorists or bicyclists are hit by speeding drivers, who then drive right off. As some of the most vulnerable people on our roads, pedestrians deserve better protections. Motorists must yield to them at crosswalks and must look out for them when they are driving at night. This particular accident occurred at night when visibility was likely poor.

Atlanta Construction Accident - Hip injury Garners Large Settlement

blog@www.jasonschultzpc.com (news Author)12743 — Wed, 10 Feb 2010 08:00:00 EST

A construction worker suffered an open fracture to the left femur, left acetabular fracture, fractures to the right pubic rami, and a right SI joint dislocation when he was struck by a concrete boom when a portion of a pumping truck sank. Plaintiff was responsible for the installation of forms used to provide the concrete foundation at a residential construction site. Defendant was hired to pump concrete into the forms he had installed. Defendant dispatched a pumper to the site and an employee proceeded to set up the pumper and pour the concrete. The outriggers attached to the pump truck began to sink and the concrete pumper became unstable. The operator lost control of the extended boom and plaintiff was struck with the boom. Plaintiff alleged defendant's employee was negligent in failing to properly secure the concrete pumper prior to initiating the pour and knew the concrete pumper was at risk of tipping in the absence of properly secured countermeasures. Plaintiff argued that, despite this knowledge, defendant's employee failed to secure the outrigger responsible for stabilizing the concrete pumper during the pour.

Plaintiff underwent multiple surgeries to repair the shattered hip with only partial success. He had permanent impairments and was unable to return to work. He also suffered permanent impotence. He had a spinal stimulator implanted. Plaintiff claimed $216,590 in past medical expenses and combined past and future lost wages of $1,294,255. Plaintiff also had a life care plan claiming substantial future medical expenses. The 42-year old man reached a $3,750,000 settlement with the concrete pumping company prior to trial in the Fulton County State Court.

Fulton County Atlanta Georgia Medical Malpractice Lawyer

blog@www.jasonschultzpc.com (news Author)12746 — Wed, 10 Feb 2010 08:00:00 EST

In the State Court of Fulton County, the jury deliberated for 13 hours before returning a $515,000 verdict in a medical malpractice death claim. Defendants denied any violation in the standard of care and argued that the patient's death was a result of unexpected complications. Plaintiff's decedent underwent abdominal surgery for a perforated duodenal ulcer. Defendant chose not to give the patient any medication to prevent blood clots after surgery. He followed the patient in his office for three weeks and she also consulted her primary care physician. Decedent experienced a deep vein thrombosis (DVT) that broke loose and caused a fatal pulmonary embolus (PE). Plaintiff alleged that Defendants violated the standard of care in failing to provide DVT prophylaxis following abdominal surgery, preventing a DVT from forming in the first place and then failure to timely refer the patient to the hospital, resulting in a fatal PE.

Marietta Medical Negligence Lawyer

blog@www.jasonschultzpc.com (news Author)12736 — Tue, 09 Feb 2010 08:00:00 EST

A patient with permanent brain damage filed lawsuit claiming his injury was the result of medical negligence. The defendant physician denied he did anything wrong or that he violated the standard of care. Plaintiff suffered a hemorrhage involving the right dorsal lateral brainstem extending into the 3rd and 4th ventricle. Defendant physician placed a right front ventriculostomy (monitors intracranial pressure). Plaintiff remained on a ventilator, eventually requiring a tracheotomy and had a feeding tube placed. Plaintiff alleged defendant deviated from the standard of care in failing to culture plaintiff's cervical spinal fluid ("CSF") for signs of infection several days after his ventribulostomy had been in place, claiming negligence caused or contributed to the development of a brain infection and the failure to perform appropriate testing resulted in a delay in diagnosis that led to permanent brain damage. Defendant contended that the standard of care did not require testing of the CSF. Plaintiff incurred $800,000 in past medicals, claimed $4,300,000 in future medicals, $73,443 in past lost wages and $894,119 in future last wages. The jury found in favor of the defendant.

Gwinnett County Wrongful Death Lawyer - Gwinnett County Woman Killed in Accident, Police Blame Bad Weather

Jason@JasonSchultzPC.com (blog Author)26400 — Mon, 08 Feb 2010 08:00:00 EST

Investigators looking into a tow truck accident that killed a Gwinnett County woman over the weekend, believe that poor weather conditions could have caused the crash.

The victim was standing outside her car, checking the damage to her vehicle after a minor fender bender. A tow truck struck her and another motorist involved in the fender bender. The victim died at the scene. She was the mother of an 11- month baby girl. Investigators say that rains could have contributed to the crash.

As a Newnan and Coweta County wrongful death lawyer, I can't stress the following often enough.

When you're driving during heavy rains ,slow down.
When you're driving in icy weather, slow down.
When you're driving in strong winds, you guessed it - slow down.

It's frustrating when you come across accidents that could have so easily been prevented if the motorist had been driving cautiously in bad weather. It's basic driving knowledge that you don't drive at the same speeds, or in the same way you normally do, in bad weather.

Don't tailgate even during normal weather, and absolutely DON'T do so when you're driving during rains or storms.
Keep below speed limits, and determine your speed by the kind of weather you're facing.
Plan ahead for a slow journey - leave a few minutes ahead of schedule.
Make sure your car's tires are not worn.
Keep your lights on - it allows you see the road ahead of you more clearly, and it makes you more visible to other motorists and pedestrians.

Jason Schultz is a Newnan and Coweta County wrongful death lawyer helping victims of auto accidents around Newnan and Coweta County recover the compensation they rightfully deserve.

Peachtree City Georgia Medical Malpractice Lawyer

blog@www.jasonschultzpc.com (news Author)12695 — Sun, 07 Feb 2010 08:00:00 EST

A patient with permanent brain damage filed lawsuit claiming his injury was the result of medical negligence. The defendant physician denied he did anything wrong or that he violated the standard of care. Plaintiff suffered a hemorrhage involving the right dorsal lateral brainstem extending into the 3^rd and 4^th ventricle. Defendant physician placed a right front ventriculostomy (monitors intracranial pressure). Plaintiff remained on a ventilator, eventually requiring a tracheostomy and had a feeding tube placed. Plaintiff alleged defendant deviated from the standard of care in failing to culture plaintiff's cervical spinal fluid ("CSF") for signs of infection several days after his ventriculostomy had been in place, claiming negligence caused or contributed to the development of a brain infection and the failure to perform appropriate testing resulted in a delay in diagnosis that led to permanent brain damage. Defendant contended that the standard of care did not require testing of the CSF. Plaintiff incurred $800,000 in past medicals, claimed $4,300,000 in future medicals, $73,443 in past lost wages and $894,119 in future last wages. The Cobb County, Georgia jury found in favor of the defendant.

Fayetteville, Georgia Medical Malpractice Lawyer

blog@www.jasonschultzpc.com (news Author)12696 — Sun, 07 Feb 2010 08:00:00 EST

A patient who suffered complications from a drug prescribed by his physician alleged malpractice by defendants. Plaintiff alleged failure to properly monitor administration of drug, resulting in toxicity that led to complications that included leucopenia and anemia. The defendants denied plaintiff's allegations. A defense verdict was returned by a federal jury in Newnan, Georgia.

Fayetteville & Peachtree City, Georgia Bicyclist Lawyer

blog@www.jasonschultzpc.com (news Author)12697 — Sun, 07 Feb 2010 08:00:00 EST

A bicyclist sought damages from a motorist following an accident in which the biker was injured. Plaintiff was not wearing a helmet. The bicycle had some reflectors on the pedals. Defendant moved her vehicle into the turn lane and came to a complete stop and proceeded with a left turn. At the same time, plaintiff was attempting to cross over the highway via the center lane to access a bike path. Plaintiff collided with the defendant's vehicle traveling 15/25 mph, cracking the passenger side of the side-view mirror. Plaintiff flipped over the bike sustaining deep puncture wound to the left chest and shoulder near plaintiff's collarbone, along with other lacerations and contusions. Plaintiff alleged defendant was negligent in failing to yield to opposing traffic and not using her turn signal. The jury found in favor of the defendant after 15 minutes of deliberation in DeKalb County, Georgia.

Fayette County, Fayetteville, Georgia Auto Accidents Lawyer

blog@www.jasonschultzpc.com (news Author)12698 — Sun, 07 Feb 2010 08:00:00 EST

Plaintiff and Defendant were operating their vehicles in the same direction. Plaintiff came to a stop and was rear-ended by defendant, who pled guilty to following too close. Plaintiff alleged that defendant was drinking and threw away a beer can before the police arrived. Defendant refused a breathalyzer test at the scene due to a pulmonary condition. Plaintiff claimed he suffered an aggravation of preexisting cervical and lumbar degenerative disc disease. Plaintiff claimed $10,394 in past medicals. Case settled for $25,000 in Fayette County State Court.

Atlanta Truck and Tractor-Trailer Accident Lawyer

blog@www.jasonschultzpc.com (news Author)12608 — Wed, 03 Feb 2010 08:00:00 EST

Plaintiff was driving a four-door sedan in a commercial area on a bridge over I-285. He stopped for a red traffic signal and was rear-ended by a tractor trailer truck driven by Defendant. Defendant was employed by co-defendant trucking company. Plaintiff alleged permanent disability as a result of his neck injury, which required surgery. He was assigned a 31% permanent partial disability rating and argued that his future earnings would be diminished because of his injury. He sought $69,883 in medicals and $484,000 in future lost income for diminution of earning capacity. The parties settled the claim for $250,000 prior to trial on 1/15/2009.

Atlanta RSD Accident Attorney - RSD Claim Rejected by Jury

blog@www.jasonschultzpc.com (news Author)12609 — Wed, 03 Feb 2010 08:00:00 EST

Suit for personal injuries was brought in Cobb County, Georgia after a rear-end collision. Plaintiff alleged defendant was responsible for injuries to her left foot and ankle. Plaintiff alleged she developed reflex sympathetic dystrophy ("RSD"), a/k/a complex regional pain syndrome ("CRPS"). Defendant denied the accident caused plaintiff's injuries. Plaintiff received treatment from a pain management physician, including seven nerve blocks and multiple physical therapy sessions. She claimed $46,721 in past medicals. Cobb County, Georgia jury rejected the RSD claims and returned a verdict for the defense on 1/8/2009.

Atlanta Drunk Driving Accident Lawyer - Woman Charged with DUI and Felony Hit and Run in Bus Accident

Jason@JasonSchultzPC.com (blog Author)25914 — Fri, 29 Jan 2010 08:00:00 EST

The motorist accused of causing a bus accident just before Christmas that injured at least 12 people has been charged with DUI and felony hit and run. She is also likely to face additional criminal charges. On the 23^rd of December, Wilson was driving a Honda Accord that rear ended a bus carrying 13 adults with developmental needs to an art class in Houchston. The impact caused the bus driver to lose control of the bus. All passengers were injured, and three suffered critical injuries.

A preliminarily hearing was held on the 7^th of January. For these injured victims, Christmas was a terrifying time, especially for the three who suffered life threatening injuries. For Atlanta Drunk Driving Accident lawyers, it was also a rude wakeup call to the fact that intoxicated drivers continue to be a major issue on Georgia's roads. While there is much to be thankful for in the dramatically lowered DUI fatality rates in Georgia over the past few years, there still remains a lot that can be done to save lives and prevent injuries.

Much has been done to minimize repeat DUI offenses. In 2008, Georgia passed stronger laws against DUI by increasing the "look back" period to 10 years. Earlier, only drivers who had a prior DUI offense in the previous 5 years could be charged with a repeat offense. The new law increased that period to 10 years. Georgia also requires an ignition interlock device to be installed in the vehicle of a person convicted for a second drunk driving offense.

Georgia DUI Accident Lawyer - Georgia Sees Fewer Christmas Weekend Accident Deaths than Predicted

Jason@JasonSchultzPC.com (blog Author)25916 — Fri, 29 Jan 2010 08:00:00 EST

I was very encouraged late last year to note fewer auto accident fatalities over the Thanksgiving holiday, compared to figures projected by the Georgia State Patrol. I had also blogged about the possible reasons for this dip in fatalities. There were fewer fatalities despite the increase in holiday travelers compared to last year.

As it turns out, the dip in Thanksgiving accident deaths was not a fluke. The Georgia State Patrol is reporting that the number of deaths in auto accidents across Georgia over the Christmas holiday weekend was much lower than expected. While Georgia State Patrol predicted that there would be 18 deaths in auto accidents over the weekend, only 12 deaths were reported. The Georgia State Patrol also missed its predictions for injuries. It had predicted 976 injuries during the 78-hour holiday period, but there were only 503 injuries. This year's fatality toll is also much lower than the number of fatalities last year during the same period of time. In 2008, there were 24 fatalities during the Christmas holiday. According to Georgia State Patrol, 4 of the fatalities in 2009 occurred in accidents in metro Atlanta.

As a Georgia Wrongful Death Lawyer, I am sure this was one prediction that the Georgia State Patrol was glad to be wrong. New Year's may be a different story. The holiday period runs from 6pm on Thursday through midnight on Sunday. New Year's Eve tends to be one of the deadliest days of the year on Georgia roads. The alcohol flows more than any other holiday on the calendar. Atlanta Drunk Driving Accident Lawyers will have a few basic tips for revelers this New Year's.

Plan to have a designated driver drive you home, or hire a taxi.
Never get behind the wheel after drinking.
Drive at slow speeds.
Buckle up, and make sure that everyone in your car is wearing seatbelts too.

Atlanta Dog Bite Lawyer - Atlanta Girl Seriously Injured in Dog Bite Attack

Jason@JasonSchultzPC.com (blog Author)25917 — Fri, 29 Jan 2010 08:00:00 EST

As an Atlanta dog bite lawyer, I know a dog bite attack can be an extremely traumatic experience, especially for children who tend to be the most frequent victims of such attacks. A young girl in Lithonia, Dekalb County had to be hospitalized after a vicious pit bull attack just before Christmas.

12-year-old Alexus Williams had gone to pick up a friend. The dog pounced on the girl as soon as the front door was opened. Alexus' mother heard her screams and grabbed a brick and then a knife and struck the dog. Alexus was left with serious facial injuries and multiple dog bites all over her body.

It was a tough Christmas for the family that is already going through hard financial times. It's been heartbreaking to read about Alexus's mother who used whatever money she had saved for Christmas to buy a new bed for the young girl. Alexus needs plenty of cosmetic treatment to take care of her facial scars. Alexus' mother confirms that her daughter is worried she "won't be pretty anymore".

It's important for Alexus and her family to know that they have rights under Georgia's dog bite law and may be eligible for compensation from the owner of the dog and/or the owner of the property where the attack occurred. As an Atlanta premises liability lawyer, I notice very often that victims are very hesitant to claim damages in attacks that occur on a friend's property. It's important to for victims to know that it's not the property owner who will be paying the damages, but their insurer.

Atlanta Pedestrian Accident Lawyer - Driver Surrenders in Stone Mountain Fatality

Jason@JasonSchultzPC.com (blog Author)25693 — Tue, 26 Jan 2010 08:00:00 EST

One of the drivers who may have been involved in a fatal pedestrian accident in DeKalb County, has turned himself in to police.

The accident occurred last week. The first driver, identified as Stone mountain-resident Shaheed Saunders, was driving at excessive speeds. He seems to have lost control of his car as he tried to pass another car, and ended up on the sidewalk. Saunders' car hit three teenagers walking on the sidewalk. 14-year-old Stone Mountain High School student Tanesha Williams sustained fatal injuries in the accident, and two of her friends were also injured. The driver of the second car has now turned himself in. Police are still trying to determine his role in the accident.

My heart goes out to the family of Tanesha Williams who has been described as a shy girl who kept to herself. According to her father, Tanesha dreamed of becoming a nurse or a masseuse. Those dreams are gone.

Every year, approximately 5,000 pedestrians are killed on America's streets. Most of these fatalities occur when motorists fail to yield to pedestrians at a crosswalk. Pedestrians are also at danger from speeding and distracted drivers and intoxicated motorists. A speeding motorist may not be able to stop in time at a crosswalk. Intoxicated and distracted motorists may also fail to notice or perceive pedestrians. Last year, a pedestrian safety report done by Transportation 4 America called "Dangerous by Design", found that most pedestrian fatalities could be prevented by increasing pedestrian safety enhancements on our roads. More numbers of crosswalks, increased safety enhancements and aids to slow down traffic at busy intersections - these can help lower pedestrian accident fatality rates in Georgia.

Jason Schultz is an Atlanta pedestrian accident lawyer helping victims of pedestrian collisions in Atlanta and around Georgia recover the compensation they deserve.

Atlanta Drunk Driving Accident Lawyer

blog@www.jasonschultzpc.com (news Author)12296 — Thu, 21 Jan 2010 08:00:00 EST

A head-on accident with an alcohol-impaired driver caused serious injury to plaintiff driver. A Bibb County State court jury returned a verdict of $175,000 in 40 minutes on 12/10/2008. Defendant crossed the center line and struck plaintiff's vehicle head-on. Defendant was driving under the influence of alcohol. Plaintiff sustained a fractured patella in the accident, which required emergency orthopedic surgery and three months of physical therapy. Plaintiff claimed residual knee weakness and an inability to run as she did before the injury. Plaintiff sought Defendant's policy limits of $100,000, plus underinsured benefits from her carrier. Plaintiff sought medicals of $27,021, as well as damages for pain and suffering.

Fayette County Wrongful Death Lawyer - Fayette County Teenager Killed in Car Accident

Jason@JasonSchultzPC.com (blog Author)23581 — Thu, 17 Dec 2009 08:00:00 EST

I have been discussing my concern over the high rate of accidents involving teenagers on my Fayette County personal injury lawyer blog. So, it was with sadness that I read this news report about a teenager in Fayette County who was killed in a car accident on her way to school.

The accident occurred this past Monday when three teenagers were on their way to Sandy Creek High School. According to reports, the teen driver lost control of the car and crashed into a tree. Sixteen-year-old Angel Anthony, who was sitting in the back seat, was seriously injured and later died in the hospital. The 16 year old driver and another teenager in the front seat were not injured. The driver is now facing multiple charges. She had just received her driver's license in September and was not supposed to drive with teenage passengers.

Many lives and families have been impacted and it's hard not to feel extremely saddened at the sheer tragedy of it all. What really struck me were the reports that Angel Anthony, the back seat passenger, was not buckled up at the time of the crash. The driver and the front seat passenger were apparently wearing their seatbelts and were not seriously injured.

Another alarming fact is that teen motorists have a much higher rate of accidents when they are driving with other teenagers. The risk of a crash increases with the number of teens in the car. Further increasing the risk of injuries and fatalities, is the fact that teens also have a poor rate of seatbelt usage.

I know law enforcement agencies are strapped for resources, and may not be able to focus as hard on this section of the population as needed. However, as a Fayette County personal injury lawyer, I believe that an investment in teen driver safety is an investment in the safety of our youth. Good driving habits begin early in life. Teen driver education programs in Georgia must focus harder on the importance of wearing seatbelts, slowing down speeds, and following all traffic rules strictly.

Drunk Driving Accident Results in 10 Year Prison Sentence/ Peachtree City Car Accident Lawyer

Jason@JasonSchultzPC.com (blog Author)23364 — Mon, 14 Dec 2009 08:00:00 EST

An Augusta, Georgia man has been sentenced to 10 years in prison as a result of his drunk driving accident earlier this year, which left an infant with serious injuries. The man, Dexter Thomas, pleaded guilty to driving under the influence of alcohol and serious injury by vehicle. The June 7, 2009 accident left a three month old child with serious injuries, including a fractured skull, a broken leg and seizures. Thomas' driving record included a 1998 DUI conviction and driving on a revoked license.

Each December is when law enforcement officials in Georgia and around the country turn their attention to drunk driving offenders. This week, Transportation Secretary Ray LaHood kicked off a nationwide crackdown on drunk driving to be conducted by individual states. In Georgia, the Governor's Office of Highway Safety will kick off its holiday impaired driving crackdown soon.

Also this week, the National Highway Traffic Safety Administration had some good news for Atlanta car accident lawyers. Nationwide, there was a drop of 7 percent in alcohol-related accident fatalities in 2008. In Georgia, there was a drop of 5 percent in the number of DUI fatalities last year. Part of this could have been due to the fact that there was a decrease in holiday travel last year, because of high gas prices and the crumbling economy. However, the fact is that law enforcement in Georgia is doing a great job keeping drunk drivers off the road and motorists safe. For instance, Thanksgiving holiday travel increased by 3 percent this year, but the number of accidents were lower than 2008.

According to Transportation Secretary Ray LaHood, the states that push more aggressively against drunk drivers have a better chance of lowering their DUI fatality rates.

Atlanta Rape and Sexual Assault Lawyer - Sexual Assault Victims Find Few Avenues for Justice on College Campuses

Jason@JasonSchultzPC.com (blog Author)23369 — Mon, 14 Dec 2009 08:00:00 EST

As an Atlanta premises liability lawyer, I should be immune to the high sex crime incident rates on college campuses. But the numbers never fail to horrify me. Approximately one in every five female college students will be the victim of a rape or attempted raped by the time she graduates.

According to an investigation by the Center for Public Integrity, most of the victims do not report these crimes to the police or to the campus authorities. In fact, more than 95 percent of students who are sexually assaulted chose not to report the crime at all. They encounter barriers when they approach their local law enforcement authorities, who tend to avoid such cases because they sometimes involve drug or alcohol use. Campus authorities prefer to hide these incidents from unwelcome public attention, placing barriers of secrecy that students find difficult to cross.

The report says that few of these victims even have a campus hearing. Those victims who choose to contact campus authorities about their assault frequently find that the campus justice system involves disciplinary proceedings conducted in secret, and negotiations that are not on the record. Not surprisingly, such practices can discourage students from following up on their complaints. In other cases, they feel compelled to agree to a gag order.

The Center found that such practices leave no room for any accountability and often end with barely any punishment or no punishment at all for the alleged perpetrators of the assault. The college years are the most formative period in a person's life and shouldn't have to be marred by experiences like this. One in five women falling victim to sexual assault is a shameful statistic.

Jason Schultz is an Atlanta premises liability lawyer, helping victims of assaults and rapes in apartment complexes and colleges seek justice.

Peachtree City Personal Injury Lawyer - Car Accidents and Fatalities Reduced this Thanksgiving Weekend

Jason@JasonSchultzPC.com (blog Author)23377 — Mon, 14 Dec 2009 08:00:00 EST

The Georgia State Patrol has some encouraging news for us. There were fewer auto accidents over the Thanksgiving holiday weekend in Georgia this year. A total of 13 people died in car crashes over the 102-hour holiday period.

Those numbers were much lower than the fatality rates last year when 19 people were killed over the Thanksgiving weekend in Georgia. These fatalities occurred in 3,815 car accidents that left 1,457 people injured. This year, however, there were 13 fatalities in 3,089 accidents. 713 people were injured in these accidents.

Georgia State Patrol had predicted a much higher rate of accidents, injuries and fatalities this year. It had predicted a total of 3,570 accidents, injuring 1,398 people and killing 16. Not only have this year's accident, injury and fatality totals been lower than last year's, but the rates have actually beaten predictions by Georgia State Patrol. This in spite of the higher volume of holiday traffic this year compared to Thanksgiving 2008. As I discussed just before the Thanksgiving holiday, there was an expected increase of 3 percent in holiday travel compared to last year.

Seatbelt enforcement campaigns and anti drunk driving patrols by the Governor's Office of Highway Safety probably contributed to this decrease in wreck and fatalities. Keeping car accidents and traffic fatalities in check is really pretty simple. If we stay within posted speed limits, buckle up, avoid driving after drinking, turn off our cell phones and not text while driving, we can make a real difference in our lives and in the lives of others around us.

Jason Schultz is an Atlanta personal injury lawyer representing injured victims of auto accidents in Atlanta and across Georgia.

Gwinnett County Car Accident Death Likely Attributed to Inexperience of Teen Driver

Jason@JasonSchultzPC.com (blog Author)23086 — Tue, 08 Dec 2009 08:00:00 EST

An 18-year-old motorist was killed over the weekend in a car accident in Gwinnett County. According to AJC, the victim lost control of his Volvo as he was negotiating a curve. The car hit a drainage culvert, and flipped over several times. The victim was apparently not wearing a seatbelt, and was ejected from the vehicle. There were two passengers in his car, both 17 years old. They have sustained injuries, and are currently being treated at a Gwinnett County hospital.

Auto accidents are the No.1 contributing factor in the deaths of persons aged between 16 and 19. Teen motorists are some of the most high risk groups on our streets. The risks come from a combination of several potent factors -age, lack of experience, recklessness, the lure of risk and danger, and peer pressure.

Teen motorists have been behind the wheel for fewer numbers of years, and have little experience driving in the real world.
The lack of experience is made worse by a love of danger and the willingness to take risks. That's why you see so many accidents involving teens who are speeding or street racing.
These motorists also suffer from more distractions behind the wheel. These include cell phones, billboards and highway distractions, as well as teenage passengers. In fact, studies indicate that the risk of an accident for a teen motorist increases with the number of passengers he has in his car.
Besides, teens have low rates of seatbelt usage when compared to the rest of the population, and this increases their risk of serious injuries or death in an accident.

While transportation and traffic safety authorities in Georgia have been making efforts to increase safety awareness among teen motorists, they still have a long way to go.

Jason Schultz is an Atlanta car accident lawyer helping injured victims of auto accidents recover compensation for their injuries.

Georgia Medical Malpractice Lawyer

Jason@JasonSchultzPC.com (blog Author)22257 — Mon, 23 Nov 2009 08:00:00 EST

VA Study Shows Surgical Errors Continue to Exist In Spite of Increased Scrutiny

The Veterans Administration has taken steps to improve patient safety at its clinics and minimize the possibility of errors, but as a new study shows, it continues to be plagued by serious surgical errors, both in and out of the operating room.

According to the study, there are five to ten incorrect surgical procedures performed at VA facilities each day. These errors include

Wrong site surgeries
Incorrect procedures
Wrong patients

The report, which comes out in this month's issue of the Archives of Surgery, is based on 342 surgical problems across 130 VA hospitals. Problems were tracked between 2001 to mid- 2006, and were divided into those that occurred inside the operating room and those that occurred outside the OR. The researchers examined adverse events, where the wrong procedure was performed, or procedures were performed on the wrong site or on the wrong patient. They also examined 130 "close calls," where a potential error was found just before the procedure was performed.

The researchers found that:

Adverse events occurred in every 18,000 procedures.
Most of these occurred because of poor communication among members of the surgical team, accounting for 21 percent of the errors.
50.9 percent of the adverse events occurred in the operating room, while 49.1 percent occurred elsewhere.
Most adverse events occurred during ophthalmology and invasive radiology procedures, which accounted for 29.2 percent, followed by orthopedic procedures.

The VA system has higher standards of patient safety, so it is disconcerting to see that so many serious surgical errors still continue to occur in these facilities. It makes me wonder how bad the situation is outside the VA, where patient numbers are greater, in conjunction with overworked and stressed staff, and less oversight.

Jason Schultz is a Georgia medical malpractice lawyer helping injured victims of surgical and medical errors recover their rightful compensation.

Motorcycle Accident Prevention No Accident

Jason@JasonSchultzPC.com (blog Author)21995 — Wed, 18 Nov 2009 08:00:00 EST

Motorcycle safety in Georgia has been a source of concern for safety advocates and motorcycle accident attorneys in the state. That's why it's definitely encouraging to see state agencies making more efforts to prevent accidents, and minimize injuries from these crashes.

The Georgia Department of Driver Services has announced the receipt of a grant of $95,460 for the agency's Georgia Motorcycle Safety Program (GMSP). The grant has been approved by the Governor's Office of Highway Safety, and is meant to be used for increasing awareness about the need for responsible sharing of the roads among motorists and motorcyclists. According to DDS, the funds will help provide "quality motorcycle training and safety awareness campaigns" to both motorcyclists and motorists in Georgia.

The Georgia Motorcycle Safety Program offers riding courses to make sure that motorcyclists don't just enjoy riding, but also safely make it home. The DDS program includes courses on safe turning, braking, helmet use, motorcycle maintenance and other aspects of safe motorcycling. Courses are geared at both beginner riders, as well as experienced motorcyclists. Basic courses contain modules that help new riders to grasp basic safety strategies, while more advanced riders can benefit from learning self assessment techniques and personal risk management. The DDS charges a fee of $250 for the basic course. The Experienced Course is a single day workshop and costs $100. The Advanced Rider course also costs $100.

These fees are a small price to pay for the kind of professional training and knowledge you will gain. Motorcycle accident fatalities now account for about 14 percent of all traffic fatalities in the country. Those are frightening numbers, and we need to focus on stronger rider training to prevent these deaths. Too many bikers are buying snazzy new bikes, and riding on the highways armed with nothing but their enthusiasm. Safety training and strict helmet use are the only two tools riders can use to protect themselves.

Jason Schultz is a Georgia motorcycle accident lawyer, helping victims injured in motorcycle crashes recover compensation for their losses.

Bicycle Accident Death in Cherokee County

Jason@JasonSchultzPC.com (blog Author)21664 — Thu, 12 Nov 2009 08:00:00 EST

A bicyclist was killed this week in an accident involving a sports utility vehicle in Woodstock, Cherokee County, Georgia. According to news reports, the man was riding his bicycle on a sidewalk when he crashed into an SUV that was leaving a parking lot. The SUV ran over the bicyclist, killing him instantly.

The accident comes on the heels of a report that indicated that bicycle accident injuries have become more severe over the past decade. The study focused on bicycle injuries between 1996 and 2006, and researchers found that injuries had actually become more severe during this period. The numbers of serious chest injuries rose by 15 percent, while abdominal injuries increased 3 fold.

The researchers also found that while bicycling rates across the country, including in Georgia, had increased, the rate of helmet use remained static. As an Atlanta personal injury lawyer, I find this piece of information the most troubling. It means that more and more people are making the decision to bike around to work, for leisure and for exercise, without equipping themselves with the right safety gear.

Consequently, the study found that at least 1/3 of the patients in the study had sustained a serious head injury in an accident. The researchers called for more investment in bicycling infrastructure, like creation of more bike paths, as well as greater awareness in the motorist population, as measures to reduce these rates.

Atlanta has seen a sharp increase in the number of bicyclists on its streets, but city authorities have failed to take the growing needs of this population into consideration. The result has been frequent conflicts between bicyclists and motorists, and very often, an accident like the one here.

Sleep Apnea Clinical Trial is Good News for Atlanta Truck Accident Lawyers

Jason@JasonSchultzPC.com (blog Author)21545 — Tue, 10 Nov 2009 08:00:00 EST

Last month, I blogged about the NTSB recommendation for mandatory sleep apnea screenings for commercial truckers, to reduce the risk of fatigue-related accidents. I expressed my hope that the FMCSA would act on the recommendation, and mandate sleep apnea screenings for bus and truck drivers. While we wait for the FMCSA to act (and judging by the agency's speed in responding to NTSB recommendations in the past, I would say it's going to be a long wait) it's encouraging to note that a Georgia-based sleep therapy services provider and its study partners have announced positive results from a clinical trial on treatment of truckers suffering from sleep apnea.

The trial was conducted by SleepSafe Drivers Inc., a company that provides sleep apnea diagnosis and treatment programs for commercial fleets, as part of a nationwide contract with a transportation company. The trial aims to document the kind of savings possible from reduced medical costs associated with early diagnosis as well as reduced accident-related expenses. According to representatives of SleepSafe Drivers' clinical partner, Atlanta-based Fusion Sleep, the trial's goal is to determine the health benefits of sleep apnea diagnosis and treatment in truck drivers. This will hopefully create a model that could be used by the rest of the industry to prevent fatigue-related tractor trailer crashes.

The investigators have seen some measure of success using the sleep program. Truckers, who suffered from sleep apnea, managed to knock off dozens of pounds, and were able to reduce daytime fatigue and lethargy.

Driver fatigue and drowsiness behind the wheel is a major factor in trucking accidents in Atlanta. Until the FMCSA mandates that companies offer diagnostic programs and treatment facilities to truckers, I hope trucking companies will come forward to offer their employees such programs, to ensure everyone's safety.

Jason Schultz is an Atlanta trucking accident lawyer helping victims of truck, tractor trailer and semi rig accidents in Atlanta to recover the compensation they deserve.

Shooting Death of Student leads to Suit against Clark Atlanta University for Inadequate Premises Security

Jason@JasonSchultzPC.com (blog Author)21455 — Mon, 09 Nov 2009 08:00:00 EST

It's a parent's worst nightmare - getting the news that the child you've sent off to college has been killed. For Jasmine Lynn's parents, that nightmare became reality when their daughter, a Spellman College student, was killed in September outside a dorm at the Clark Atlanta University campus. A fight had broken out on the campus, and shots were fired. A stray bullet struck Lynn, killing her.

Her parents have now announced their plans to file a lawsuit against the university. Lynn's parents are suing the university for wrongful death and neglecting to provide adequate security.

Georgia's premises liability laws can apply to a range of claims, including slip and fall accidents, electrical injuries, assaults, and rapes on other's property. Maintaining safe premises includes not just maintenance of the physical structure of the property to prevent any trips falls, electrical hazards, falling loads etc., but also providing adequate security to visitors, guests, residents and customers.

Premises must have adequate numbers of security guards stationed at entry and exit points.

Premises owners must hire safe and competent employees.

Security gates must be strong and impossible to breach.

Parking lots and common areas must have adequate lighting.

Failure to provide adequate security can be the basis for a claim against the property owner. In Lynn's case, Clark Atlanta authorities had the duty to provide a safe campus for students who had enrolled at the institution. Their failure to do so may have cost a promising young student her life, and the institution should be held accountable for her death if they were negligent in failing to make the campus safe.

Jason Schultz is an Atlanta premises liability lawyer, helping victims of slip and fall accidents, assaults, and rapes on other's properties, recover the compensation that's due to them.

Clayton County Injury Lawyer

blog@www.jasonschultzpc.com (news Author)11074 — Wed, 28 Oct 2009 08:00:00 EST

A rear end collision in Clayton County was settled out of court for $250,000.00 on January 15, 2009. The victim was stopped in his 4 door sedan at a red light and was rear-ended by a tractor trailer truck (semi truck) driven by an employee of U.S. Foodservice, Inc. The injury victim suffered a cervical disc herniation at C5-C6 which required neck surgery, and a soft tissue lumbar (low back) injury. He sought $69,883 in past medical expenses and $484,000 in future lost income for diminution of his earning capacity. He was also assigned a 31% permanent partial disability rating by his orthopedic surgeon.

Bibb County DUI Injury

blog@www.jasonschultzpc.com (news Author)11020 — Tue, 27 Oct 2009 08:00:00 EST

A Bibb County jury returned a verdict for $175,000 against a drunk driver involved in a head on car crash on December 10, 2008. Plaintiff sustained a fractured patella which required emergency orthopedic treatment, orthopedic surgery and physical therapy. She sought past medical expenses of $27,021, as well as damages for pain and suffering for the residual knee weakness and her inability to run as she did before the injury. At trial, it was proved that the defendant was driving under the influence of alcohol (DUI) when he crossed the center line of the road. Plaintiff was a 27-year old married female working as an office manager at the time. She sought defendant's policy limits of $100,000 plus her own underinsured benefits (UIM) from Progressive Max Insurance Company.

Teen Driving Safety Website Launched by Georgia DOT

Jason@JasonSchultzPC.com (blog Author)20473 — Fri, 23 Oct 2009 08:00:00 EST

The Georgia Department of Transportation has launched a website relating to teen motorist safety and accident prevention practices for teen drivers.

The website provides teen motorists information on driving laws, and offers safe driving tips. It is meant to provide busy teenagers a single portal that gives them all the driving information they need. The launch of the website coincided with National Teen Driver Safety Week, which kicked off on October 19^th, and will continue through this weekend.

National Teen Driver Safety Week was created by an act of Congress in 2007. Across Georgia, communities have been marking the week with special programs and activities for high school students. The Governor's Office of Highway Safety has announced special programs for the duration of National Teen Driver Safety Week and thereafter.

Across the country, the theme for National Teen Driver Safety Week is distractions from teen passengers in the car. Statistics show that teens driving with other passengers are more likely to be involved in a car accident, and the crash risk increasing with the number of passengers in the car.

While passengers are a huge crash risk, they are not the only ones that teen drivers face. Teen motorists face several other challenges, including low risk perception (which leads to foolish driving practices), failure to wear seatbelts (higher risk of serious injuries or death), lack of experience needed to make the right driving choices, and they are generally unskilled at tuning out distractions, both inside and outside the car.

Jason Schultz is an Atlanta personal injury lawyer, representing injured victims of automobile and trucking accidents in Atlanta and across Georgia.

Motorcycle Accident Fatality involving a Braselton Woman

Jason@JasonSchultzPC.com (blog Author)20079 — Thu, 15 Oct 2009 08:00:00 EST

A 44-year-old woman was killed last week in a motorcycle accident near Braselton in Jackson County, Georgia. The victim, Gena Scott, was riding her motorcycle on highway 53 when a Toyota RAV made a left turn in front of the motorcycle. Scott's bike crashed into the passenger side of the Toyota, and she was thrown several feet and later died at the scene. Charges have not been filed yet. Accident reconstruction experts are retracing the seconds leading up to the crash.

It is a sad fact that even when a motorcyclist follows all the traffic rules, driving within the speed limit, and wearing a helmet, they are still seriously injured or killed when other motorists fail to see them. As an attorney who has represented numerous motorcycle accident victims, it has been my experience that most car and truck drivers tend to notice only other cars and trucks around them.

Motorcycle accidents tend to result in serious injuries or fatalities because riders have very little protection in the event of an accident. While a helmet may protect from head injuries to some extent, it does not protect against the kind of body trauma injuries that can kill a rider. Impact with another vehicle, even at normal speeds, can throw a motorcyclist dozens of feet away, increasing the risk of severe or fatal injuries.

Unfortunately, most jurors seem to want to blame, at least partially, the motorcyclist for simply riding on a motorcycle. Jurors also tend to be fixated on the speed of the motorcycle as well. As Georgia motorcycle accident lawyers know, it is very difficult to judge the speed and distance of any approaching motorcycle and this increases the dangers associated with riding a motorcycle.

Three Killed in Accident on Highway 78 in Dekalb County

Jason@JasonSchultzPC.com (blog Author)20081 — Thu, 15 Oct 2009 08:00:00 EST

Three people from Gwinnett County were killed in an accident near Stone Mountain Park on Tuesday. Initial news reports from the Atlanta Journal Constitution said that 6 others had been seriously injured when the van they were traveling in was struck by a car, and then flipped over. New reports coming in have identified the victims.

According to DeKalb County police, the driver of the white sedan was changing lanes on Georgia State Highway 78 when he struck the rear bumper of the van, which then flipped over several times. The van was full of Georgia Power's employees who were commuting to work. The six people who were injured continue to be in a critical condition at hospitals in Atlanta, and my thoughts and prayers go out to them and their families. DeKalb police have indicated that criminal charges may filed against the sedan driver, James Miles.

Coincidentally, the accident occurred on the same day that the National Highway Traffic Safety Administration had some good news for DeKalb County personal injury lawyers. According to the NHTSA, traffic accident fatality rates for the first half of 2009 were down by about 7 percent compared to the same period last year. Between January and June 2008, 17,871 people died in traffic accidents. This year, there have been 16,626 fatalities traffic accidents during the same period. 2008 was something of a milestone year in terms of fatality rates - they were the lowest the agency has recorded in decades.

Distracted Driving Leads to More Accidents, Injuries and Death on our Highways

Jason@JasonSchultzPC.com (blog Author)19720 — Thu, 08 Oct 2009 08:00:00 EST

Last week's two-day Distracted Driving Summit in Washington DC has wound down to a close. During the summit, Department of Transportation Secretary Ray LaHood revealed new findings by the National Highway Traffic Safety Administration. According to these, in 2008:

5,870 people were killed in accidents involving a distracted driver.
515,000 people sustained injuries in accidents involving distracted drivers.
Approximately 16 percent of all fatal accidents last year involved distracted drivers.
22 percent of accidents that involved injuries, were caused by a distracted driver.
The highest risk group for distracted driving comprised, not surprisingly, of those aged below 20.

Distracted driving here refers to

Use of car phones and cell phones
Text messaging while driving
Use of GPS systems
Distractions from DVD players
Distractions from children
Distractions from the driver lighting a cigarette
Distractions from adjusting the radio
Distractions from reading
Talking with passengers
Snacking while driving
Distractions from automated highway signs
Shaving
Applying makeup
Use of handheld and hands-free cell phones
Use of laptops, PDA's, fax machines and printers
Adjusting the air conditioner and heating
Adjusting windows, seat, seatbelt etc

The summit also included an announcement read out by Transportation Secretary Ray LaHood, in which President Obama declared a ban on federal employees text messaging while driving. Federal employees are now prohibited from using cell phones while driving government owned, issued or owned vehicles, as well as privately owned vehicles if they use government-issued phones. The summit ended with a call for more states to impose bans on texting and the use of handheld and hands-free cell phones. Are Georgia's lawmakers listening?

Jason Schultz is a Fulton County personal injury lawyer representing injured victims of automobile accidents in Fulton County, and across Georgia.

Georgia Medical Malpractice Lawyer

blog@www.jasonschultzpc.com (news Author)10719 — Tue, 06 Oct 2009 08:00:00 EST

The parents of newborn Haylee Kroll were told by physicians not to worry when large bruises appeared on her tiny body. Then her skin turned yellow, her liver showed signs of scarring and a blood clot formed in her brain. A few days later, her parents were advised to make funeral arrangements. Haylee survived, but her parents say doctors at a lcoal hospital misdiagnosed the virus that struck their baby soon after her, leaving her with lifelong disabilities. Now 15, their daughter has severe vision problems and permanent cirrhosis of the liver. Last week, a jury compensated the family $4.3 million in their medical malpractice suit against the doctors who treated Haylee.

Georgia Nursing Home Abuse & Bed Sore Lawyer

blog@www.jasonschultzpc.com (news Author)10720 — Tue, 06 Oct 2009 08:00:00 EST

A quadriplegic man who developed bedsores "all the way down to the bone" will receive $2.2M in damages as a result of the hospital's neglect. Caregivers failed to turn Eric Trainor every two hours during his six-week stay, which caused bedsores and severely hampered his rehabilitation.

Doctor Allows Patient to Die in order to Steal Rolex Watch

blog@www.jasonschultzpc.com (news Author)10611 — Wed, 30 Sep 2009 08:00:00 EST

Old fashioned greed leads to wrongful death of heart patient.

The children of a former police officer claim that their father's emergency room doctor allowed him to die so the doctor could steal his expensive Rolex watch, according to a lawsuit filed last week. The ER doctor was indicted last month stemming from the June incident. The doctor is also facing a wrongful death lawsuit filed by his children.

On June 1, 2009, the victim was rushed by ambulance to the hospital with heart problems. According to a 15-page civil lawsuit, the family alleges that the doctor noticed the expensive Presidential Rolex watch, then allowed their father to die from a heart attack so he could steal the watch. The lawsuit alleges that two nurses at the hospital noticed the missing watch after their father died and saw a watch bulge in the doctor's pocket.

Georgia Motorcycle Accident Victim's Family Continues Fight for Justice

Jason@JasonSchultzPC.com (blog Author)18905 — Thu, 24 Sep 2009 08:00:00 EST

For the family of Gregory Cline, the nearly two years since his death in a motorcycle accident have been filled with anguish. Cline was killed in 2007 as he was riding his motorcycle home on US 19 in Georgia. His motorcycle collided with a van, when the latter turned into his path. Cline was killed on impact. The driver of the van, who was an allegedly drunk driver, later told police that he never saw the motorcyclist.

Blanco was charged in the accident, but Cline's family alleges that the case has been dragging on for two years now. Charges against Blanco were filed a few weeks after the accident, but a trial is nowhere in sight. According to Cline's sister, Margie Cunliffe, the family's hopes for a trial are dashed every time the defense asks for a continuance. Cunliffe says that the family's struggle for justice has left them emotionally battered. They want closure and justice to be served.

For the survivors of those who are killed in motorcycle accidents and other accidents in Georgia, moving on after the death can be a very difficult process. Closure is difficult when a loved one is killed due to another's negligence that cold have been easily avoided. Holding the persons responsible for the death accountable in a civil and criminal court is a huge part of the process of attaining closure. For many families, it's not as much about seeking revenge or even a financial settlement for the wrongful death as it is about holding the negligent party accountable, hopefully ensuring that such negligence is not repeated.

Motorcycle Accident Fatality Rates Are Alarming

Motorcyclists are some of the most at-risk people on our roads. In fact, motorcycle accident fatality rates have been on the rise over the past decade. Contrary to what many believe, most motorcyclists are conscientious riders, who follow all the safety rules and avoid dangerous stunts that may cause a collision.

As a Peachtree City Motorcyle Accident Lawyer, who often finds himself fighting for the rights of injured victims or survivors of motorcycle crash victims, I believe that our roads were meant to be used by all, and that motorcyclists have as much right as anyone else to be riding on our streets.

Accidental Death of Pedestrian Child in Duluth Raises Calls for Lowered Speed Limits

Jason@JasonSchultzPC.com (blog Author)18564 — Fri, 18 Sep 2009 08:00:00 EST

The family of a boy who was killed in a pedestrian accident in Duluth over the weekend is calling for speed limits to be lowered in the area.

Four-year-old Tylerlee Magliocco was killed when he walked on to the road on Saturday night and was struck down by an SUV. Apparently, Tylerlee had managed to open the locked door of his house on his own and walk out. His mother was on the phone and didn’t hear the chime that normally rings when the front door is opened. She only realized something was wrong when she heard the squeal of tires. Tylerlee sustained serious injuries and died the next day in the hospital.

The driver of the SUV, an 18-year-old, stopped after the crash. So far, there is no indication that drug or alcohol use was a factor in the accident. Police don’t believe the driver was speeding or distracted either.

Tylerlee’s parents say they don’t blame the driver of the SUV for their son’s death, but they are calling for speed limits on Grant Avenue to be lowered. The speed limit is 45 miles per hour. The parents believe that 35 or 30 mph would be the right speed limit, given the number of families with little children living nearby. According to Duluth police, the particular stretch of road where Tyler was hit doesn’t appear to be especially prone to accidents.

As a Cobb County personal injury lawyer, investigations sometimes reveal that accidents are caused because of a defect in the design or layout of a road. Unfortunately, many of these defects only come to light when there is a serious or fatal accident. Hopefully county and/or city authorities must evaluate the speed limit where Tylerlee was struck and determine if any changes can be made to prevent similar pedestrian accidents.

Unnecessary Hysterectomy Results in Malpractice Verdict of 5 Million Dollars

blog@www.jasonschultzpc.com (news Author)10398 — Thu, 17 Sep 2009 08:00:00 EST

A jury in Chicago returned a $5 million verdict yesterday for a woman who claimed her obstetrician performed an unnecessary hysterectomy. The verdict followed a week long trial.

Georgia Motorcycle Accident Results in Death of Smyrna Man

Jason@JasonSchultzPC.com (blog Author)18215 — Fri, 11 Sep 2009 08:00:00 EST

A motorcycle rider died in an accident in Cobb County over the weekend.

According to news reports, the motorcyclist Anthony Torone Anderson was riding his bike behind another motorcyclist. When the second rider attempted to make a left turn, Anderson's bike crashed into the motorcycle. The impact of the collision sent the motorcycle crashing into several utility poles. Anderson was rushed to a hospital, but was pronounced dead.

Earlier this year, the National Highway Traffic Safety Administration released its annual report on traffic accident fatalities for 2008. As a Cobb County personal injury lawyer, I was very encouraged to see that fatality rates across almost all types of accidents, had declined substantially. However, the rate of fatalities in motorcycle accidents had actually increased, as it has been over the past decade.

In Georgia, 177 persons died in motorcycle accidents in 2008, compared to163 in 2007. These numbers have been steadily increasing, from 111 in 2004, to 144 in 2005, to154 in 2006. Of the 2008 fatalities, 160 motorcyclists were wearing a helmet at the time, and 14 were not.

Law enforcement agencies in Georgia have grappled with the problem of motorcycle safety, but face challenges in bringing down the fatality rates in these accidents. Motorcyclists, for one, are at a much higher risk of dying in an accident. In fact, a motorcyclist is up to 80 times more likely to die in a crash than a motor vehicle driver. Motorcyclists have little protection in the event of an accident, and this increases the risk of a rider becoming one more number on the fatality list. Helmets may offer a high degree of protection, but as we can see from the 160 helmeted motorcyclists who died in Georgia last year, they are no guarantee against death.

It's also hard to target awareness campaigns to educate motorcyclists about safe riding practices. There are higher numbers of motorcyclists aged 40 and above now on the streets, compared to decades earlier when motorcycles were the ride of choice for younger men. The demographics of riders have changed dramatically, creating challenges in implementing education programs.

Boy Critically Injured in Polk County School Bus Accident

Jason@JasonSchultzPC.com (blog Author)18220 — Fri, 11 Sep 2009 08:00:00 EST

A 12-year-old boy has sustained serious injuries in an accident involving a Polk County school bus this week.

The child Wyatt Pilgrim was apparently waiting for a school bus in Cedartown, when he was stuck by another school bus. Wyatt is reported to be in a critical condition at a hospital in Atlanta. He is currently on life support, but doctors have given the family reason to hope for the best.

There are no details about the accident, but it apparently occurred at about 7:30 in the morning when Wyatt was waiting for the bus. However, both Cedartown police and school officials agree that Wyatt was in the middle of the street when he was struck. Representatives for the Polk County School System say that the area where the accident occurred is a busy one. There are a number of apartment complexes with neighboring schools, and consequently, plenty of child traffic.

My thoughts and prayers are with Wyatt and his family, and I hope that he makes it through this ordeal as quickly as possible. As an Atlanta pedestrian accident lawyer, I often see that pedestrian accidents are caused by a poor road layout that places a pedestrian at a disadvantage. Many of our cities have street plans that were designed keeping automobiles in mind, with the result that pedestrians and bicyclists are exposed to unnecessary dangers. Areas where there is heavy vehicular as well as pedestrian traffic are likely to see a higher rate of accidents. In most collisions involving a pedestrian and a motor vehicle, it's the pedestrian who has the highest risk of being injured severely or fatally.

Even something as simple as traffic lights or a stop sign can help slow down speeds, prevent accidents and reduce the risk of accidents. Polk County authorities must look at the design and layout of the area where Wyatt was so seriously injured, and see if enhancements can be made to the design to protect other pedestrians.

Fayette County Hit and Run Pedestrian Accident Victim Continues to Struggle to Survive

Jason@JasonSchultzPC.com (blog Author)17981 — Fri, 04 Sep 2009 08:00:00 EST

The victim of a pedestrian accident in Fayette County is struggling to survive after the serious injuries she sustained in the crash. What makes it worse for Jonnie Moorer is that she is from out of state, and was visiting the Atlanta area when she was injured.

The 41-year-old single mother of two had arrived from California for a job interview with a Peachtree City television station. On the day of the accident, she was headed to a nearby restaurant to get food for herself and her two daughters when she was struck by a car. Moore sustained serious injuries. The driver who struck her didn't stay around to survey the damage.

That was back in April. Witnesses were able to report to police that the suspect was a white male driving a beige sedan. The hit and run driver is still unknown and at large. For Moorer, the past few months have been a nightmare. She suffered fractures in her right wrist and left ankle. Because she has suffered bone fractures on both sides of her body, she finds it hard to perform even routine tasks. Her two teenage daughters are being looked after by Moorer's mother, who has taken the girls back with her to Ohio. Moorer continues to stay in a hotel, unable to pay for rent, her medical bills piling up with little hope of returning to work anytime soon. Doctors believe that she will likely need more surgery and therapy before she can properly recover. Until she does, Moorer is dependent on any help that comes her way.

It's been a difficult situation for this mother. Unfortunately, as a Fayette County and Peachtree City car accident lawyer, I see this all the time when there is no insurance or the case involves a hit and run driver. That is one of the primary reasons I stress to my clients that they get the maximum amount of uninsured/underinsured motorist (UM) coverage available to them. Victims of accidents find that their lives have been turned upside down in just a matter of seconds. When injuries are serious, they may need to spend weeks and months in the hospital. Even when injuries are not life threatening, victims still have substantial medical expenses. They are unable to return to work and the bills don't stop coming in after an accident. Victims of serious injury usually are in need of intensive support and therapy in an attempt to put their life back together.

Unfortunately, it often takes personal experience in an accident to understand what these victims and families go through.

Child Pedestrian Injured in Marietta Georgia

Jason@JasonSchultzPC.com (blog Author)17923 — Thu, 03 Sep 2009 08:00:00 EST

A child suffered serious injuries in a pedestrian accident in Marietta last week. According to the Atlanta Journal Constitution, the 5-year-old boy was crossing the street with his mother and two other children, when they were struck by a Honda Accord. He suffered serious head injuries, and a broken leg.

Marietta police are investigating the accident. There is no information yet on whether the family was on a crosswalk at the time of the accident.

As a Coweta County pedestrian accident lawyer, I see that pedestrian accidents are often the result of negligent motorists who fail to pay enough attention to notice a pedestrian crossing the street right in front of them. Motorists who are speeding may not be able to stop in time to avoid a pedestrian. Frequently, drivers do not even notice a pedestrian until after striking them. In most of these cases, the driver failed to spot the pedestrian because of cell phone use or other distractions. Text messaging requires a motorist's eyes to be taken off the road for more than 4 seconds. That's more than enough time for an accident. Motorists who are speeding, or driving under the influence of alcohol may also be unable to stop in time to avoid an accident. Alcohol slows down response times, making it harder for a motorist to avoid a pedestrian.

Pedestrians too can take steps to improve their chances of getting home safe.

Always cross on a marked and designated crosswalk.

Avoid distractions while walking. Talking on your cell phone or listening to the i-Pod while walking can prevent you from hearing motorist signals.

Wear brightly colored or reflective clothing while walking in the dark.

Walk in a group as much as possible. Pedestrians walking in groups tend to be spotted more readily.

Medical Malpractice Suit Results in Verdict for Brain injured Child

blog@www.jasonschultzpc.com (news Author)10224 — Tue, 01 Sep 2009 08:00:00 EST

A jury compensated the family of a brain damaged child $7.3 million in a medical negligence lawsuit against Cedars-Sinai Medical Center over the hospital's alleged failure to quickly diagnose and treat a baby with meningitis. The Los Angeles jury returned the unanimous verdict Friday in favor of the plaintiff Paris Campen, now 5, who suffered brain damage as a result of the illness. The lawsuit was filed in 2005 and alleged that doctors in the hospital's neonatal intensive care unit were negligent.

Pool Drowning Results in Settlement

blog@www.jasonschultzpc.com (news Author)10225 — Tue, 01 Sep 2009 08:00:00 EST

The widow of a man who drowned during a nudist party in 2007 has settled a wrongful death suit brought against the pool owner for $246,000. The family of a 72 year old retiree drowned in 2007 and claimed the facility violated state law by not providing a lifeguard for a party held by the West Penn Naturist nudist club. The cause of death was ruled accidental by the medical examiners office. Lawyers for the widow, Barbara Daugherty, 74, said in court filings that the pool owner had a duty to provide a lifeguard under state law. The pool owner countered that she had a 23-year agreement with the nudist club, which holds parties every other Saturday night at her pool, that they would take full responsibility for all activity during their events and had the clud sign a waiver to that effect. The victims family lawyers said the waiver did not matter and that the pool owner was liable as the owner.

Trucking Companies Continue to Operate Despite Orders to Shutdown due to Safety Violations

Jason@JasonSchultzPC.com (blog Author)17595 — Fri, 28 Aug 2009 08:00:00 EST

A study conducted by the Government Accountability Office has revealed that hundreds of trucking companies continue to operate, even after they were ordered to shut down because of federal safety violations that included suspended licenses and impaired driving. According to the report, many of these companies continue to operate under different names.

It's a scary fact, and has prompted a response from the Federal Motor Carrier Safety Administration. The agency has responded to the GAO report by saying that it has introduced a computerized screening process under which new applicants must be compared to any previous companies with poor safety records. They noted that new companies are also now required to go through a safety audit within the first 18 months.

However, it's proving to be hard to enforce those measures as strongly as they should be. The FMCSA does not have the kind of computer capabilities needed to identify companies that have used similar names and addresses, but don't match each other exactly. There is also ambiguity about whether the federal agency or the state has the power to enforce these rules. Therefore, the GAO report only considers those companies that exactly match each other. The number of such companies is likely to be higher because the report doesn't take into consideration names and addresses that may be similar to each other. There is also ambiguity about whether the federal agency or the state has the power to enforce these rules.

The GAO is warning that the reincarnation of these companies continues to place motorists at risk for serious tractor trailer accidents. There are federal rules that mandate safety standards for brakes, wheels, tires and several other components of a tractor trailer. A reincarnated company will resume operations of its vehicles without bothering to take the kind of corrective action that was ordered. That means there are several tractor trailers with possibly defective or malfunctioning components, driven by unlicensed or inexperienced drivers or even drivers with a history of drug and alcohol use. That's dangerous news for innocent motorists on the road, and deeply concerns me as a husband, father of three and a Georgia truck accident lawyer.

DeKalb Jury Compensates Family $3.8 million in Georgia Wrongful Death Medical Malpractice Lawsuit

Jason@JasonSchultzPC.com (blog Author)17600 — Fri, 28 Aug 2009 08:00:00 EST

The DeKalb Medical Center and a nurse staffing agency have recently been found to have been negligent in their care of a 73 year old man who died in December 2005. The jury returned a verdict for his family of $3.8 million.

73-year-old William Rowland, a businessman from Decatur, Georgia was admitted to the hospital after a car accident on August 14, 2005. The nurse on duty apparently failed to look at his medical chart which contained Rowland's low blood pressure readings. Those crucial readings had been recorded by a nurse's aide. Howard failed to check the reading for 8 hours. During that time, Rowland slipped into a semi comatose state and later died.

The nurse was employed by a Florida-based staffing agency, Medical Staffing Network. The agency blamed the nurse's aide, who was an employee of DeKalb Medical Center. Both the hospital and the agency were found negligent. DeKalb Medical Center has filed a separate lawsuit against Medical Staffing Network.

Medical Malpractice Damages

Victims of medical malpractice may be entitled to compensation for medical expenses (these can include past expenses as well as expenses that are expected to show up in the future), lost wages, as well as damages for pain and suffering. The spouse of a victim may be eligible for loss of consortium damages, which compensate for loss of companionship, care, and affection. Families of victims, who are killed because of the medical negligence of doctors, nurses and other heath care professionals, may also be eligible to file a wrongful death claim.

Medical malpractice litigation is very complex, expensive and time consuming. That's why it is important that families of such victims get in touch with a DeKalb County medical malpractice lawyer as soon as possible.

Great Resources

Jason@JasonSchultzPC.com (blog Author)17555 — Thu, 27 Aug 2009 08:00:00 EST

I was recently contacted by two new great companies, New Lawyer.com and New Doctor.com

These are great resources for lawyers, doctors, patients and clients. Check them out.

Texting While Driving - Deadly Mixture New Study Confirms

Jason@JasonSchultzPC.com (blog Author)15974 — Tue, 28 Jul 2009 08:00:00 EST

As an Atlanta Newnan Peachtree City truck accident lawyer, the evidence is overwhelming that distracted driving accounts for hundreds of traffic fatalities each and every year. The death and carnage on our highways would be significantly reduced if we would all stop using our IPhones, ITouches, cell phones, Blackberries, Blue tooths and GPS systems while we drive.

Yet another study, conducted by the Virginia Tech Transportation Institute, has confirmed the multitude of dangers associated with our national obession of fiddling with electronic devices while we drive. The study specifically targeted texting. Drivers texting inside their vehicles showed that the risk sharply exceeded previous estimates based on laboratory research - and far surpassed the dangers of other driving distractions such as cell phone use. The new study, which entailed outfitting the cabs of long-haul trucks with video cameras over 18 months, found that when the drivers texted, their collision risk was 23 times greater than when not texting.

Even though the study dealth with large trucks and truckers that take longer to stop and are less maneuverable than cars, the findings apply to all drivers, who tend to exhibit the same behaviors as the more than 100 truckers studied. Truckers do not appear to text more or less than typical car drivers. Compared with other sources of driver distraction, "texting is in its own universe of risk," said Rich Hanowski, who oversaw the study at the institute.

Tom Dingus, director of the Virginia Tech institute, one of the world's largest vehicle safety research organizations, said the study's message was clear. "You should never do this," he said of texting while driving. "It should be illegal." Thirty-six (36) states still do no ban texting as it is a relatively new phenomenon.

Cell Phones and Driving - As Dangerous as Driving Drunk

Jason@JasonSchultzPC.com (blog Author)15617 — Tue, 21 Jul 2009 08:00:00 EST

The motoring public is continuing to drive their cars and trucks while being distracted by cell phones and other electronic devices. While no state currently bans the use of cell phones while driving, it may be high time to examine the growing problem in greater detail. New research has been made public which further confirms the dangers associated with distracted driving. Clarence Ditlow, the director of the Center for Auto Safety, stated recently that "[w]e're looking at a problem that could be as bad as drunk driving and the government has covered it up". It is estimated that cell phone use by drivers caused around 955 deaths and 240,000 accidents in 2002. Hands-free headsets do not eliminate the serious accident risk. Studies have shown that it is the cellphone conversation itself that distracts the drivers attention from the road, not just holding the phone. Research also shows that motorists talking on the phone are four times as likely to crash as other dirvers, and are as likely to cause an accident as someone with a .08 blood alcohol content. Text messaging is particularly troublesome because the driver actually has to take his or her attention from the road entirely. Mixed together with young drivers, cell phone use and texting is a true recipe for disaster.

Investigations into Fatal Colquitt County, Georgia Tractor Trailer Accident Continue

jason@jasonschultzpc.com (blog Author)10467 — Tue, 31 Mar 2009 08:00:00 EST

Investigating teams are probing a fiery truck accident that took place in Colquitt County, Georgia on Tuesday, but it will be weeks before we find out what actually happened to incinerate the vehicle that the victims were traveling in. The two women who were killed in the crash have now been identified as sisters, Juana Mezquital Severiano and Petra Mezquital Severiano. They were reportedly on their way to work in a Chevrolet Blazer, being driven by 28-year-old Juana. As the Blazer was crossing an intersection, it collided with a tractor trailer that was also passing through.

The impact of the accident sent the two vehicles hundreds of feet ahead. The Blazer came to a stop on an embankment and immediately burst into flames. Passing motorists and the truck driver tried to pull the two women out of the burning car, but were unsuccessful. It was left to firefighting crews and rescue personnel who arrived at the scene to extricate the girl's bodies. Sources say that the two women died on impact and were not alive when the vehicle exploded. It took a while to identify their charred remains. Initially, there was some confusion that an infant was present in the car, but that was later refuted. The sisters were identified with the help of their husbands and head trauma was ruled as the cause of death. The driver of the tractor trailer, who escaped without injury, hasn't been charged yet.

There is no information yet on any probable causes of the accident or whether speeding was a factor. Police are likely to conduct a complete investigation of the conduct of both drivers in the accident including the truck driver, Wayne Daniels. They will likely be looking into his speed at the time of the crash, as well as conducting alcohol and drug tests to rule out the possibility of driving under the influence. Any signs of malfunctioning of the truck like faulty brakes etc. will also be investigated as well.

Atlanta Truck Accident Lawyer

The two sisters were the third and fourth road accident deaths in Colquitt County in just the past three weeks. If you or a loved one have been injured in an accident involving a large truck or tractor trailer, contact me at my Atlanta and Peachtree City personal injury lawyer firm for a free evaluation of your case.

Family of Three Killed in Gwinnett County Car Accident Prepares to Mark First Anniversary

jason@jasonschultzpc.com (blog Author)10473 — Tue, 31 Mar 2009 08:00:00 EST

A Gwinnett County family that lost three members in a drunk driving car accident last year will mark the one year anniversary of their deaths at the end of this month. On the 31^st it will be one year since the horrendous alcohol-related car crash which 20-year-old Gainesville resident caused a five vehicle crash that killed two siblings and an infant of the same family as well as the driver of his car.

On that fateful day, Carmon Cody Rhoden, who had been drinking before the crash, was spotted by a motorist weaving in and out of traffic and driving recklessly. The motorist called police to inform them of the driver, but police never got a chance to stop Rhoden. A few minutes later, he clipped a Ford SUV carrying Demetrius Randle, his wife Falleen, daughter Whitney, her 13-month-old son, Kayden and her 14-year-old brother Alexander. The force of the impact caused the SUV to flip over several times before it came to rest on its top. Whitney, her little son, brother, and the driver, Mark Anthony Gay were killed. Demetrius Randle suffered serious brain injuries.

Rhoden never stopped to offer the victims any help, or call for emergency rescue personnel. He simply drove on. He later claimed at his bond hearing that he didn't realize that the crash was "that big." Drunk driving was not Rhoden's only offense, it later came out. He was driving at a speed of 112 mph at the time of the crash. He was denied bond and has spent the last year at the Gwinnett County jail, charged with reckless driving, vehicular homicide, and hit and run.

Demetrius Randle has spent much of the year since the accident recovering from his injuries. When his loved were ones were being buried, Demetrius was deep in a coma, battling for his life. As he attends the memorial service on the first anniversary of their deaths, he may receive closure.

Atlanta Car Accident Lawyers

The combination of speed and driving is a potent one, and any automobile accident that involves a speeding and intoxicated driver almost always has devastating results such as catastrophic injuries and death. If you have questions about how to proceed after suffering injuries in an alcohol related accident, contact an Atlanta and Peachtree City car accident lawyer at my office.

Cobb County Student Drunk at Time of Accident

jason@jasonschultzpc.com (blog Author)10474 — Tue, 31 Mar 2009 08:00:00 EST

Earlier in January, a 16-year-old Cobb County student was killed in a car accident when he crashed his vehicle into an incoming car. The driver of the other car was left with serious injuries. Toxicology reports now show that the teenager Garret Reed was intoxicated with a blood alcohol level of .133 at the time of the crash.

The accident had ignited debate about teen drunk driving, and the role of adults who provide alcohol to under aged drivers. On the evening before the accident, Garret had attended an event at his school. After he left, he obtained a half gallon of rum which he consumed at various spots, including in the parking lot of an entertainment center. Shortly after midnight, Garret left for home, but not before telling his friends that he was drunk. He insisted however, that he felt well enough to drive. A few minutes later, he crashed his vehicle. A week after the accident, police arrested Kecia Evangela Whitfield for providing rum to Garret and his friends. Whitfield was the mother of one of Garret's classmates, and is currently awaiting a court date in April.

Georgia is one of at least 10 states that allow parents to give their own children alcohol, but only in the home or in a private setting. However, it's illegal to give other people's children alcohol. Garret's accident has raised the issue of "social hosting laws" that punish parents whose homes become venues for drinking parties. Parents, whose children use their homes for such parties where other minors consume alcohol, can be fined thousands of dollars. Social hosting laws are being enacted not just in Georgia, but across the country in efforts to crack down on binge drinking by teenagers.

With alcohol being one of the biggest factors in teen-related car accidents, it's becoming more important than ever to realize and understand that such accident prevention is not the sole responsibility of law enforcement agencies, but also requires the active participation of adults in the community, including parents. Teenagers find it far too easy to obtain alcohol, even with strict rules against furnishing alcohol to a minor. This has to change, and we need to realize how we endanger children of our community when we place a bottle of alcohol in their hands. According to an American Medical Association study, at least 1/3^rd of teenagers say that they were able to obtain alcohol from their parents, while at least 40% say that they have been able to get alcohol from a parent's friend. As an Atlanta car accident lawyer, I think we focus harder on teaching teens the dangers of drunk driving, while neglecting to make sure that they don't obtain the stuff in the first place.

Woman killed in Pedestrian Accident in Atlanta

jason@jasonschultzpc.com (blog Author)10476 — Tue, 31 Mar 2009 08:00:00 EST

A Cobb County woman was killed while crossing a road in a hit and run pedestrian accident in Atlanta earlier this month. Police have now released details about the vehicle that hit 47-year-old Joyce Bailey.

Bailey was trying to cross a road in Midtown on the 21^st of March when she was struck by a car that police now say was probably a gray or silver colored Mercedes Benz. According to witnesses who were at the scene of the accident, the Mercedes Benz received some damage on the front of the car and the wind shield. The driver is said to be either a white male or an African American of light complexion. Police have also been able to use footage obtained from the camera at a gas station close to the accident spot. The driver never stopped the car after the accident. The hit and run driver drug Bailey several yards into the gas station. Bailey died soon after.

For Bailey's family and friends, the circumstances surrounding her death must be agonizing. She was struck down by a car, and then dragged some distance away before she died. The driver of the car never got down from his car to offer the dying women any comfort, and never bothered to call for emergency help. The driver of the car that struck Bailey deserves the strongest punishment he can receive for his crime.

Pedestrian accidents usually involve death or serious injuries. A pedestrian does not have the luxury of being protected by metal, the protective cushioning of airbags or the secure restraints of seatbelts. The victim is usually thrown several feet or drug underneath the striking vehicle, causing severe traumatic injuries, including head and brain injuries. Those that do survive, usually have long and arduous recovery periods, with weeks and months of painful rehabilitation in an effort to return to a normal life.

Expenses in the case of such injuries don't stop at the initial cost of hospitalization, doctor costs and medication expenses. There are the costs of physical therapy and rehabilitation, loss of wages due to missed hours from work as well as the costs of long term medical expenses. For instance, victims of a pedestrian accidents who have suffered brain or spinal cord injuries are likely to be in need of long term or 24 hour care.

A civil lawsuit can help a victim recover such damages and other compensation he or she may be entitled to. An Atlanta pedestrian accident lawyer can help victims recover the complete compensation that they deserve. If you have questions about compensatory benefits in an accident, contact a pedestrian accident lawyer at my office.

New Bill May Decrease Number of Deaths in Georgia Through Expansion of Trauma Care Centers

jason@jasonschultzpc.com (blog Author)10200 — Mon, 23 Mar 2009 08:00:00 EST

Last month, I discussed the deplorable state of Georgia's trauma care network and the increase in auto accident fatality rates in rural Georgia, which has fewer numbers of such emergency care centers. A severe paucity of funds, made worse by a recession and a budget deficit, threatens to condemn thousands of Georgians in the south to continued limited access to "golden hour" trauma care. Now, a new bill that offers a ray of hope for funding efforts has been introduced in the legislature.

The bill, sponsored by state Representative Jim Cole is backed by Governor Sonny Purdue. It aims to charge an additional fee of $200 from every motorist who is caught driving at extreme speeds on the state's highways. Motorists driving at 85 mph on four lane highways and 75 mph on two lane roads will have to pay the $200 fine, in addition to any other fines that may be levied. The bill will also impose a fine of $400 on drivers as they attempt to get their suspended or revoked driver's licenses renewed. The bill aims to raise at least $30 million each year, and these funds will be used to expand the state's trauma care system. Another scheme that will eliminate the annual car tag tax, and replace it with a fee of $1,500 payable one time only on newly purchased vehicles, is also receiving backing from House Republicans. This move too is expected to add to the state's coffers, enabling funds to be channeled towards trauma care center expansion.

As a Georgia personal injury lawyer and a concerned Georgia citizen, I am delighted by these measures that promise to bridge the gap in emergency trauma care in cities and rural centers. It also makes perfect sense to me that "super speeders," who are typically involved in serious auto accidents, are the ones who should pay heavy fines for their behavior, thus funding the expansion plan.

The risk of death is highest during the "golden hour" - the first hour after a serious car accident, fall or explosion - and too many Georgians suffer from a lack of access to immediate trauma care because there are no trauma care centers in their area. If the bill is passed, more people in rural parts of the state will receive access to the trauma care they need.

Lawsuit Alleges Drunk Drivers Caused the Death of Father of Two Minors

blog@www.jasonschultzpc.com (news Author)7781 — Wed, 18 Mar 2009 08:00:00 EST

Two children of a construction worker killed in a chain reaction crash have filed a $10 million lawsuit against the pair convicted of causing their loved one's death. The wrongful death lawsuit was filed Tuesday.

In their criminal trial both men involved in the deadly crash were found guilty of aggravated involuntary manslaughter and driving under the influence in the fatal wreck, and sentenced them to each serve 2½ years in prison.

The wreck occurred just after midnight on when a construction supervisor was using a tractor in the blocked-off right lane to fill a ditch with asphalt. The left lane was open to traffic. Because the tractor sometimes had to back into the left lane, a flagman was assigned to periodically stop traffic. According to testimony, one of the drunk driver's Hummer H3 drove past the flagman and struck a blade mounted on the rear of the tractor. The other drunk driver slammed into the back of the Hummer, which in turn slammed into a nearby dump truck, striking the decedent and cutting him nearly in half.

Evidence revealed that the two drunk drivers had been together at a bar about half an hour before the crash. Police said that one had a blood-alcohol content of 0.19 percent. The other driver refused to take a breath test but failed a field sobriety check.

Spinal Surgery Negligence Results in 38 Million Dollar Verdict

blog@www.jasonschultzpc.com (news Author)7780 — Wed, 18 Mar 2009 08:00:00 EST

A woman left bedridden and in excruciating pain following spinal surgery in 2003 at Mount Sinai Medical Center was provided $38 million in compensation for a lifetime worth of suffering. A six-person jury deliberated nine hours over two days before finding that neurosurgeon, the hospital and the hospital's pharmacy management firm caused her debilitating injuries.

The hospital settled before the case went to trial, so it's not on the hook to pay any part of the award. The hospital's pharmacy management firm at the time vowed to appeal. The nuerosurgeon originally operated on the woman to repair a herniated disc. In a subsequent surgery to fix a spinal fluid leak, the nuerosurgeon injected the womam's spine with a dye -- the chemical methylene blue -- in an attempt to locate the leak. The chemical's packaging, which had been discarded, warned it should not be used for the surgery that she underwent. Following the surgery, the victim developed a neurological disability known as arachnoiditis. She said she suffers from burning, stabbing and pressure pains throughout her body and is bed ridden and in a wheelchair.

Atlanta Car Accident Causes Two Deaths

jason@jasonschultzpc.com (blog Author)10001 — Tue, 17 Mar 2009 08:00:00 EST

An automobile accident on Friday night involving a pickup truck, a MARTA bus and a car killed 2 people in Atlanta. According to this report, a speeding Dodge pickup truck hit a MARTA bus at a Southwest Atlanta intersection. The impact caused the pickup to become air borne, crashing down on a nearby passenger car. The 2 occupants of the car were killed instantly. The driver of the pickup truck suffered moderate injuries, and was rushed to the hospital, where he is listed as being in stable condition. Police have not yet filed criminal charges against the pickup driver and have confirmed that alcohol was not a factor in the accident.

Judging from the impact of the accident, the pickup driver seemed to have been driving at excessively high speeds. Speeding is one of the most avoidable driving behaviors. When a motorist drives at excessive speed, he risks not only his own life, but also the lives of dozens of other motorists who are sharing the road with him. A crash involving a speeding car almost always results in severe and catastrophic injuries and death. The kind of injuries that result from such crashes are life altering ones like brain injuries, spinal cord injuries and amputations, which can drastically alter the quality of a person's life.

As a Peachtree City Wrongful Death Lawyer I have litigated cases for people who have suffered serious injuries in a crash where speeding was one of the primary factors. No matter what the compensation amount, it can never return the quality of life that was enjoyed before the crash. Many victims depend on the damages they receive to bear their expensive medical treatment, rehabilitation therapy and income replacement.

Truck Accident on Georgia Highway 11 Injures Two

jason@jasonschultzpc.com (blog Author)10000 — Mon, 16 Mar 2009 08:00:00 EST

A truck accident involving a tractor trailer and a garbage truck on Georgia highway 11 close to the Newton County/Social Circle border pushed both vehicles into a roadside ditch. Both the driver of the tractor trailer and the garbage truck were rushed to the hospital with injuries.

According to this report, the garbage truck was attempting to make a turn into a driveway on the afternoon of February 27^th. The tractor trailer which was following behind was unable to slow down in time to avoid the garbage truck. The tractor trailer crashed into the smaller truck, and the impact ripped apart the front portion of the tractor trailer. No other vehicles were involved in the accident. Some fuel from the tractor trailer spilled into the highway, and emergency crews were rushed to clean up the spill.

It appears that the tractor trailer driver was either speeding or following too close to the garbage truck. A tractor trailer is a massive vehicle weighing tens of thousands of pounds, and this makes it harder for a vehicle to slow down in case of an emergency. In fact, it takes up to twice as long for a tractor trailer to slow down or halt as it does for a smaller passenger vehicle. That's why it's so important that tractor trailers avoid tailgating, and keep some distance between their rig and the vehicles in front.

Speeding is particularly foolish for large truck drivers. Slowing the vehicle becomes even harder in emergency or non emergency situations and the consequences can be disastrous. An eighty (80) thousand pound tractor trailer can easily crush smaller vehicles and the occupants inside are exposed to the significant risk of serious injury.

Speeding also leads to jackknife situations that can trigger a series of multi vehicle collisions when passenger car drivers in the vicinity panic, and attempt to avoid the big rig. If you or a loved one has been seriously injured or killed due to a speeding tractor-trailer, contacts an Atlanta truck accident lawyer immediately for a free consultation.

Woman Charged in DeKalb County Pedestrian Accident

jason@jasonschultzpc.com (blog Author)9298 — Fri, 20 Feb 2009 08:00:00 EST

A Snellville woman who struck and killed a 7-year-old boy on his way to school in a crosswalk accident earlier this month, is now facing misdemeanor charges of vehicular homicide, and crosswalk and traffic safety violations.

Shirley Rita Ogilvie was driving an SUV when she struck Cameron Dunmore in front of Princeton Elementary School on the 2^nd of February. Cameron was crossing on a designated marked crosswalk with a stationed crossing guard who held a stop sign. Ogilvie failed to stop at the crosswalk, hitting the little boy. He died at the scene of the accident. The area where the accident occurred has high traffic levels, and residents had complained in a petition to DeKalb County about the lack of traffic signals at the spot.

In another unrelated pedestrian accident, a man was struck and killed as he was crossing a block at Peachtree Industrial Boulevard on Saturday morning. The driver of the SUV that hit the man didn't bother staying back to offer the injured pedestrian any help. He drove on ahead, and police are now looking for the SUV.

As this report shows, the dithering economy and Georgia's massive budget deficit are impacting DeKalb County funding for road safety programs. In the absence of funding, essential road building activities like construction of new roads and sidewalks and installation of street lights have been cut. County officials say they have no other choice but to slash endowments for such projects. Last year, the County spent $19 million on the construction of roads and sidewalk, and bridge repairs. This year, the proposed funding for such projects has dramatically reduced to just $5.5 million. That's bad news for pedestrian safety advocates like this Georgia personal injury lawyer who have been calling for more investment in pedestrian safety programs.

With the recession showing no signs of abating, and the budget deficit still looming as large as ever, it looks like Georgia's pedestrians and motorists will simply have to work together to make these streets safe for all. Motorists must follow all traffic rules, including those related to stopping for pedestrians, giving them right of way, and being extremely cautious near intersections and crosswalks where most of these pedestrian accidents occur.

New Truck Driver Work Hour Rules May Impact Accident Rates

jason@jasonschultzpc.com (blog Author)9267 — Thu, 19 Feb 2009 08:00:00 EST

A new federal rule mandating the number of work hours truck drivers can drive went into effect in January. Debate continues to rage over how the rule will impact truck accident statistics.

The new rule which was issued in December 2008 by the Federal Motor Carrier Safety Administration increases the number of consecutive hours a truck driver can spend behind the wheel in a 14-hour work day from 10 to 11. The rule was first issued in 2004, but debates about its effectiveness ensured that enforcement was delayed for several years. In January, the rule finally went into effect in the face of opposition by Georgia truck accident lawyers, road safety advocates and families of victims whom have died in trucking accidents in which driver fatigue was cited as the most important factor. Overwork and stress are the 2 biggest reasons why a tractor trailer driver can began to feel tired and drowsy behind the wheel. A driver nodding off at the wheel of a passenger car is dangerous enough, but when a driver at the helm of a massive 80,000 pound tractor trailer does the same, the results are devastating. Victims and survivor groups have long called for more restrictions on truck driver work hours to reduce the risk of driver fatigue.

The new rules don't account for the realities of the widespread manipulation of log books in the trucking industry. Generally, the more hours a truck driver works, the more he earns. That simple fact is the reason why truck drivers in the past have been found to maintain 2 separate log books. The trucking industry has lobbied strongly to get the new rule passed insisting that there is enough data to show that very few accidents actually occur during the 11^th hour of the 14-hour work day. Besides, the industry stands to lose billions of dollars every year if the rule is reversed to the pervious 10 hour requirement.

Truck Accident Lawyers

In an accident involving large trucks like a tractor trailer, victims can claim compensation from the trucking company that employed the driver. It is extremely important to contact a lawyer well versed in this area of law to require the trucking company to preserve supporting information that will prove or disprove the truth of the paper log books. If you have been injured in a truck accident, contact a Georgia truck accident lawyer at my office for a free consultation.

Most Likely Times for Accidents

jason@jasonschultzpc.com (blog Author)9005 — Wed, 11 Feb 2009 08:00:00 EST

Pickup drivers in Georgia, who are currently not bound by mandatory seatbelt laws, may have somber reason to reconsider - according to statistics by the National Highway Traffic Safety Administration.

As outlined in Forbes, According to NHTSA and other agencies, 55% of people who died in accidents were not buckled up. According to the data, Saturday is the day of the week you're most likely to be involved in an auto accident, while August is the most dangerous month of the year. Between 5 and 6 pm is the time of the day most likely to end in an auto accident fatality. When you factor the number of fatalities in proportion to the number of vehicles on the road, then the hours between midnight and 3 a.m. see the highest accident death rates.

Georgia's lax cell phone laws for drivers also have dire consequences. Using a cell phone while driving apparently increases the risk of becoming a car accident statistic by up to 4 times. The current hand held cell phone ban in several states have not decreased the number of accidents that occur. The data seems to indicate that hands free devices are just as bad as hand held devices in causing distraction.

To avoid becoming another accident statistic is really pretty simple. Avoid speeding, using the cell phone while driving, and always buckle up. These simple steps may not spare you from another's negligence, but it may ensure that you walk away from an accident with minor injuries.

If an accident is caused by other motorists' negligent behavior, including drinking and driving, driving above the speed limit, using a cell phone while driving and other careless actions, victims can claim compensation for their injuries. If you have been injured in a car accident, contact a Peachtree City accident lawyer at my office to discuss your options for compensation.

Bainbridge, Georgia Woman Seriously Injured in Car Wreck

jason@jasonschultzpc.com (blog Author)9006 — Wed, 11 Feb 2009 08:00:00 EST

A Bainbridge woman has been seriously injured after a two-vehicle car accident on Georgia 253 North on the border between Decatur and Baker counties. Larsen Wilkinson, a student of North Georgia's Young Harris College, suffered injuries over the weekend when her car was hit by another vehicle driven by Santarious Romero Nelson. Nelson's car is said to have drifted off the highway after which he lost control of the vehicle. The car spun backwards and into oncoming traffic and Wilkinson's car. Larsen was rushed to the hospital where she underwent surgery for two broken legs. Nelson didn't suffer major injuries in the crash. Nelson has received a citation for his failure to maintain his lane. There are no further details about the crash, or the possible role of speeding or alcohol.

Atlanta Car Accident Lawyer

Victims injured in an accident caused by another motorist's negligence may be eligible for compensation for their injuries. Reckless driving, speeding, drunk driving, and other failures to maintain traffic safety rules can be some instances of a motorist's negligence. Driving is a privilege, not a right, and when drivers neglect other people's safety on the road, they may find themselves liable for any accidents or injuries that result.

The value of an accident claim will depend on several factors - the severity of the injuries suffered by the victim, as well as the conduct of the defendant. Broadly, you can recover economic losses, like medical expenses and lost wages, as well as damages for non-economic losses such as pain and suffering loss of enjoyment of life. An Atlanta car accident lawyer will help you quantify your claim, and recover compensation for these. If you have been injured in an accident, contact a Peachtree City or DeKalb County accident attorney at my office for a free consultation.

Child Killed in DeKalb County Pedestrian Crosswalk Accident

jason@jasonschultzpc.com (blog Author)8715 — Tue, 03 Feb 2009 08:00:00 EST

A seven year old boy was struck and killed in a pedestrian accident when he was walking across the street in a crosswalk near Princeton Elementary School in south DeKalb County on Monday. Cameron Dunmore was on his way to his first day in a gifted program at school, when he was struck and killed by an SUV driven by a parent of another student at the school. The driver, Shirley Ogilvie, is expected to be charged with vehicular homicide.

According to reports, the boy was crossing the street at the school crosswalk at 7.30 am. There was a crossing guard on duty holding a stop sign, but for unknown reasons, Ogilvie failed to stop. In the 24 hours since the pedestrian accident, we've also learned that there had been a traffic light in front of the school, but it was removed recently by County officials. Residents of the neighborhood, concerned about the high levels of traffic and the safety of students, had recently submitted a petition to the County authorities to install a traffic signal. County officials apparently conducted an "assessment" of the need for a light, but the light was never installed. Residents claim that the area can be a problem, especially when there are inattentive or speeding drivers.

Pursuing Pedestrian Accident Claims in Atlanta

Pedestrian accidents almost always result in severe and life threatening injuries and even fatalities. Liability in an Atlanta pedestrian accident can extend not just to the motorist who was driving the vehicle, but also any agencies that may have been responsible for defective design or negligent maintenance. An injured person can claim damages for both economic losses - medical bills, hospitalization - as well as non-economic losses like damages for pain and suffering, etc.

In the accident results in death, the family may file a wrongful death claim. These claims are involve both tangible (financial) losses, as well as intangible losses, like loss of the joy of living which may be harder to quantify. In addition, a jury may return a verdict for punitive damages, where there was conscious pain and suffering, to deter an exceedingly reckless driver.

If you have been injured in a pedestrian accident, you will need the counsel of an experienced Atlanta pedestrian accident attorney to recover damages for you. Contact an Atlanta pedestrian accident lawyer at my office for a free evaluation of your case.

FDA Approves Stem Cell Trial for Spinal Cord Injury Treatment

jason@jasonschultzpc.com (blog Author)8451 — Mon, 26 Jan 2009 08:00:00 EST

As an Atlanta, Peachtree City and Newnan car accident lawyer, I constantly see the devastating effects that these crashes can have and the life altering injuries caused by others negligence. Spinal cord injuries are some of the most serious injuries related to automobile collisions, and so far, a complete cure has been elusive. Hope has arrived for these patients. The US Food and Drug Administration has approved the world's first stem cell clinical trial for treatment of spinal cord injuries.

That is news bound to cheer spinal cord injury patients as well as stem cell research proponents, who have long been calling for increased funding to realize their ambitions of a cure through embryonic stem cell therapy. This summer, a California-based company will kick off a trial, injecting embryonic cells into eight to ten spinal cord injury patients. Currently, the trial has modest aims, hoping to ascertain the safety of stem cell therapy. It is a small step forward, in a field that has often been the focus of bitter and controversial debate. While nobody is expecting quick miracles from these new trials, medical researchers are excited about the possibilities for a cure over time.

Spinal cord injury is caused by a sudden and violent impact to your spine that results in damage to one or more of the vertebrae. This damage could be in the form of crushed, fractured, or dislocated vertebrae, and the level of disability varies from patient to patient. Most spinal cord injuries caused in the US are the result of automobile accidents, including car accidents and truck accidents, accounting for close to half of all spinal cord injuries each year. Falls, such as those that may occur as part of a construction accident when a worker falls off scaffolding or a crane, account for 15 percent of all spinal cord injuries. The rest are caused by disease, gunshot wounds, and sporting accidents.

An accident victim with serious injuries may be eligible for compensation, not just for immediate and ongoing medical treatment expenses, but also for the long term care that spinal curd injury patients require. There may be physiotherapy expenses, as well as the costs of making lifestyle changes to help the victim cope with his injuries, such as modifications to his house and/or car to facilitate access.

If you have suffered serious injuries in a car or truck accident, an experienced Atlanta personal injury attorney can help recover the compensation to cover the short term as well as long term care expenses. Contact your Peachtree City personal injury lawyer for a free evaluation of your case.

NHTSA Study Confirms Drunk Drivers Cause Forty Percent of the Traffic Fatalities

jason@jasonschultzpc.com (blog Author)8364 — Fri, 23 Jan 2009 08:00:00 EST

No surprises here. Research has shown that alcohol plays a major role in car accidents involving fatalities.

National Highway Traffic Safety Administration (NHTSA) research shows that between 2002 and 2006, nearly 4 fatalities out of ten involved alcohol impaired car wrecks in the last two weeks of December. The new study also found that drivers twenty one to twenty four years old are involved in more alcohol impaired fatal crashes than any other age group. Drunk driving is one of the most serious, and preventable, dangers we face on our roadways. The death toll from drunk driving accidents is higher between Christmas and New Year's than at any other time.

If you have suffered serious injuries or have have a family member or loved one killed due to a drunk driver or the careless, reckless or negligence of another driver, call the Peachtree City Atlanta Wrongful Death lawyer Jason R. Schultz immediately at (404) 474-0804.

Do Georgia State Dog Laws Go Far Enough?

blog@www.jasonschultzpc.com (news Author)7041 — Wed, 21 Jan 2009 08:00:00 EST

State law in Georgia defines a vicious dog as any dog that inflicts severe injury on a human without provocation, but to be declared vicious, the dog must have bitten people on at least two occasions. Some cities don't think the state laws go far enough. They've enacted stronger local laws to deal with dangerous dogs. In September, two American bulldogs attacked and killed an Australian Shepherd in the Indian Oaks Subdivision. The shepherd's owner shot and killed one of the bulldogs. That incident raised concerns about dog dangers in Leesburg. Since then, the City Council has put more teeth in its dogs ordinance to prevent future attacks on humans.

Vermont Couple Sues Over Salmonella Outbreak

blog@www.jasonschultzpc.com (news Author)7042 — Wed, 21 Jan 2009 08:00:00 EST

A Vermont couple whose young son was hospitalized with salmonella poisoning after eating peanut butter crackers filed a lawsuit Tuesday, saying the boy was among the people sickened in a nationwide outbreak linked to peanut butter products.

The suit, against Peanut Corporation of America, was filed on behalf of Gabrielle and Daryl Meunier, of South Burlington, whose son, Christopher, 7, took ill Nov. 25, a day after eating Keebler Cheese & Peanut Butter Sandwich crackers, according to his mother.

He has since recovered. The Keebler crackers are among those recalled by the Kellogg Co., which listed Peanut Corporation as among its suppliers. The suit was filed in U.S. District Court in Georgia by Seattle lawyer William Marler, who specializes in foodborne illnesses.

Georgia's Dog Laws Lack Bite

jason@jasonschultzpc.com (blog Author)8309 — Wed, 21 Jan 2009 08:00:00 EST

State laws that govern how and when a vicious dog in Georgia is declared to be one are weak, this news report says, and many cities are enacting stronger laws of their own to deal with the problem.

According to Georgia law, a dog can be declared vicious when it has attacked a human being without any provocation, but for this, he needs to have two bite attack incidents on his record. The Leesburg City Council is just city that doesn't believe that the law is as strong as it should be. They have put more bite into their own dog laws. These new laws will define a dog as potentially dangerous not only when it has attacked other human beings, but also when it has attacked domestic or pet animals. In Albany, a dog that is chained can be declared dangerous and vicious, even in the absence of an actual attack or injury. The city of Albany also regulates the size of the enclosure where pet dogs are confined, to a minimum of 200 square feet. A dog that is confined in an enclosure smaller than this may get less exercise and may feel trapped and confined, and therefore, be dangerous, or so goes the logic.

The increased spotlight on aggressive dogs has been augmented by the wrongful death of a five-year-old girl in Thomasville by her family's pet pit bulls. Chyenne Peppers was attacked by the three dogs, one of which was roaming free in the yard while the other two remain chained. The attack was apparently instigated by a pregnant female pit bull, and the other two dogs quickly broke the chains, and joined her in the mauling. The dogs have been turned over to animal control for euthanization, but the attack has raised questions in the community. The sheriff of Thomas County wants a complete ban on pit bulls. The call has raised the ire of pit bull lovers who insist that these are good dogs and if well trained, are good family dogs. All dogs can bite or attack family members they say, and it's unfair to single out pit bulls as a breed. While that may be true, the fact is the majority of dog bite attacks in Georgia and throughout the country are from aggressive breeds like pit bulls and Rottweilers.

As state laws continue to be ineffective in preventing dog bite attacks and keeping dangerous dogs off the street, it's increasingly evident to Georgia dog bite lawyers like me, that there is an urgent need for these laws to be made tougher in an effort to protect the innocent victims, usually children, of the inevitable trauma of a dog attacks.

Family Gets $6.5M in Birth Trauma Brain Injury Case

blog@www.jasonschultzpc.com (news Author)6980 — Tue, 13 Jan 2009 08:00:00 EST

A $6.5 million settlement was reached on behalf of a 7-year-old boy who allegedly suffered a brain injury at birth at Provena Mercy Medical Center.

Attorneys for the boy say the attending obstetrician, as well as the labor and delivery nurse, failed to respond to the baby's low heart rate and reduced oxygen flow caused by the drug Pitocin.

The family's lawyers said the settlement amount will pay for the child's continued health care. The baby was diagnosed with cerebral palsy and has limited mobility.

State Farm Finally Pays the Victims of Katrina

jason@jasonschultzpc.com (blog Author)8057 — Tue, 13 Jan 2009 08:00:00 EST

Policyholders represented by former attorney Dickie Scruggs have settled their lawsuits against State Farm, including a racketeering case that alleged the insurance company conspired with vendors to minimize Katrina damage payments. Policyholder law firm Provost Umphrey indicated more than 225 cases - 90 percent of those the firm had against State Farm in Mississippi - have been settled, including the racketeering lawsuit with 38 plaintiffs. Terms of the settlements are confidential.

I really love to hear stories about justice finally being served. I suspect State Farm, in the end, paid out a pretty penny to those affected by Hurricane Katrina. State Farm will move on to other business, but those victims of both Katrina and State Farm's abusive claim practices will never forget the storm and the treatment they received from the "Good Neighbor".

Judge OKs $16 Million Verdict to Couple Whose Baby Died

blog@www.jasonschultzpc.com (news Author)6965 — Mon, 12 Jan 2009 08:00:00 EST

A jury verdict of more than $16 million was recently upheld for a couple whose baby died during delivery at a California Hospital in November 2004.

The jury found that Sharp Mary Birch Hospital for Women and two of its doctors were negligent in their treatment of the mother, Teresa Bailey. Jurors also determined that Dr. Arturo Mendoza, the director of pathology, committed fraud by making a false representation of fact to the baby's mother. The couple accused the doctor of concealing the baby's true cause of death on an autopsy report. Attorneys for the couple said that the couple were told their baby died of lung disease when, in fact, the infant died of asphyxia. The boy became stuck in the birth canal, and his umbilical cord wrapped around his neck.

Cell Phone Use and Text Messaging Blamed in Train Disaster

blog@www.jasonschultzpc.com (news Author)6914 — Wed, 07 Jan 2009 08:00:00 EST

Lawyers for victims of the Chatsworth Metrolink crash alleged Tuesday that officials with the contractor that provides crewmen to the commuter rail service knew that the engineer involved in the deadly crash had a history of sending text messages while on duty.

The allegation came from an employee of Connex Railroad, which provides Metrolink with engineers and conductors. The employee, who was not identified, has told lawyers that he had complained to his superiors about the engineer using his cell phone to send text messages.

Recall of More Baby Cribs by CPSC to Avoid Strangulation Deaths

blog@www.jasonschultzpc.com (news Author)6915 — Wed, 07 Jan 2009 08:00:00 EST

The Consumer Product Safety Commission on Tuesday announced the voluntary recall of about 56,000 cribs whose wood slats can break, creating a gap that could entrap or strangle a child.

The recall of Jardine cribs, manufactured in China by Jardine Enterprises of Taiwan, is an expansion of a recall of 320,000 cribs last June. The company has received 19 additional reports of broken crib slats, and a 22-month-old child fell through the gap created by a broken slat. No injuries have been reported.

Dog Bite Attack in DeKalb County, Georgia Leaves Three Injured

jason@jasonschultzpc.com (blog Author)7819 — Mon, 05 Jan 2009 08:00:00 EST

Barely a week before a vicious dog bite attack that left a DeKalb County man with leg injuries and two children severely injured, the owner of the pit bulls had been asked to repair a broken fence, which is thought to have been the route through which the animals escaped.

According to 40-year-old Maurice Jones, the two pit bulls came running into the yard where he was, chasing two children, aged 3 years and 14 years. All he heard was the children screaming; the dogs weren't barking at all. By the time he got up to investigate, the dogs were at his feet, biting his calves and ankles. Jones suffered several puncture wounds, and had to be rushed to the hospital. The two children suffered head and ankle injuries.

According to Jones, the pit bulls belonged to the neighbor of the person in whose house the attack took place. The dogs seemed to have escaped from their owner's yard through a hole in a damaged fence that separated the two houses. The owner of the house had apparently asked the neighbor to get the fence fixed just a week before the dog bite attack took pace. DeKalb County police are conducting investigations into the tragedy which occurred on December 27th.

There does seem to be negligence on the part of the owner of the dogs here, considering that they managed to escape from their enclosure, and make it to their neighbor's house. An owner is required to keep unsafe animals under strict supervision, leashed at all times to avoid precisely the sort of dog bite attacks that have occurred here.

According to research, among all dog bite attack-related fatalities, those that are caused by a pit bull bite are the most frequently occurring ones, accounting for up to one third of all such deaths. Most of the victims are children, and as one study in California showed, pit bulls don't think of children as playmates, but as prey. Injuries that result from these attacks, no matter whether they are inflicted on a three-year-old or a sixty-year-old, are often severe, leading to disfigurement and scarring. In many cases, victims need plastic surgery to repair the damage done by these vicious attacks.

The victims here should consider filing a dog bite injury claim against the owner of the pit bulls. Fortunately, civil courts make it possible for victims of such attacks to obtain compensation for their pain, suffering, trauma, medical bills, and any lost wages with the help of a Georgia dog bite lawyer.

Eight Years After Increased Safety Measures, Atlanta Escalator Injuries Continue to Rise

jason@jasonschultzpc.com (blog Author)7584 — Fri, 26 Dec 2008 08:00:00 EST

While reports of ripped toes and disfigurements make it to the front page, those accidents that occur every week on Atlanta's escalators but don't involve maiming, hardly receive a mention. Yet the truth is that every week, several people have their limbs and clothing snagged in the city's many escalators, many times leading to more than simple bruising.

The Atlanta Journal Constitution examined at least 140 such escalator injury reports that occurred till August of this year, and found that many of them took place in facilities that had multiple escalators, like the Hartsfield-Jackson International Airport or the biggest shopping malls in Atlanta. A majority of these, safety experts at Georgia's Department of Labor which is responsible for the licensing and inspections of these escalators say, is caused because of the riders themselves, and cannot be blamed on failure of the equipment. Even so, they warn that just because an escalator functions in the manner in which it's supposed to, doesn't make it completely safe. A majority of these injuries occur when clothing or footwear gets snagged in the gaps at the sides of a moving escalator. A woman recently had her trench coat caught in the gap, pulling her down to the ground as the escalator headed down, and eventually leaving her with a dislocated shoulder before the machine could be switched off. A 3-year-old child was injured when her Crocs shoes were sucked into the gap, leaving her with a severed toe, and unimaginable trauma.

Many injuries involving little children and escalators have been blamed on the Crocs shoes that victims were apparently wearing in most of the accidents. Now, experts say that we might just be focusing responsibility and blame for these incidents on the wrong target. Escalators shouldn't come with these gaps that pose a potential entrapment hazard. Period.

Eight years ago, after one such incident, the escalator industry responded to these concerns with a set of standards for the size of these gaps, as well as an increase in friction along the edges of the escalator steps. In 2008, there is still no information on whether these measures have actually helped reduce the number of escalator injuries, because of the lack of any serious studies or evaluations conducted since then. We have only the escalator industry's defense of the safety of their equipment to rely on. Meanwhile, injuries continue to occur on Atlanta's numerous escalators.

Escalator injuries can result in severe maiming, including loss of limbs and amputation of toes. Both children and adults can be at risk when they slip through the escalator gaps, or have their limbs or clothes caught in these. Liability for these injuries can extend from the makers of the equipment to the companies responsible for maintaining and operating these, as well as a premises liability lawsuit against the building itself.

If you've suffered injuries as a result of an escalator accident, contact an experienced Atlanta personal injury lawyer for a free evaluation of your case.

Car Accident Risks Rise as Uninsured Motorist Rolls Increase

blog@www.jasonschultzpc.com (news Author)6727 — Fri, 19 Dec 2008 08:00:00 EST

More drivers are letting their car insurance lapse due to the down turn in the economy, putting themselves and others at risk. Several hundred thousand drivers dropped their insurance in the past year as the jobless rate climbed, estimates a study to be released next month by the Insurance Research Council, an industry-funded group. There is evidence of more uninsured motorists and many as 40% of callers following up on online applications had let their previous policies lapse, up from less than 10% a couple years ago.

Agents say a growing number of customers are stripping down their auto-insurance policies, taking the absolute minimum level of liability coverage legally required to drive in their state. There is an inordinate proportion of people on the road who are either completely uninsured or underinsured (state minimum which is $25,000 in Georgia) and so you have to protect yourself by purchasing higher limits of insurance, both liability and uninsured motorists (UM).

Do Not Be a Victim Twice Georgia - Get Plenty of Uninsured Motorist (UM) Insurance

jason@jasonschultzpc.com (blog Author)7429 — Fri, 19 Dec 2008 08:00:00 EST

As the economy worsens, more and more people are dropping their car insurance or reducing limits to the state minimum, which is only $25,000 in Georgia. Insurance.com says it also is seeing evidence recently of more uninsured motorists. It says that as many as 40% of callers following up on online applications had let their previous policies lapse, up from less than 10% a couple years ago.

If you get into a car accident and suffer serious injuries, and the other driver doesn't have insurance or only has liability coverage of $25,000, you want to be made financially whole again. To protect yourself, you must purchase as much uninsured/underinsured motorist protection as you can possibly afford. Hospital and doctors bills can accumulate very rapidly in a serious injury case, and without Um coverage, you may be left owing those bills yourself even if the wreck was not your fault.

It's usually relatively cheap to add UM coverage to your car insurance, especially considering the amount of protection it offers. It could pay your medical bills, lost wages, and pain and suffering. If someone hits you or your car and is legally responsible for the damages, you won't get any money from them if they don't have money to give you.

Here's how to protect yourself:

Make sure you have extra coverage that compensates you if you're hit by an uninsured motorist.
Set your own liability insurance amount commensurate with your assets. This amount also helps determine the limit of your uninsured motorist coverage.

The Law Office of Jason R. Schultz PC represents car accident victims throughout Georgia, including Peachtree City, Newnan, Marietta, Decatur, Atlanta who have suffered serious injuries. If you would like to find out more about these types of accidents, injuries and insurance claims please take advantage of our FREE book entitled "The Ultimate Guide to Injury Cases in Georgia", visit our car accident practice area or call (404) 474-0804; Toll Free (866) 455-4709.

Thousands of Pools Not Ready for New Anti Drowning Safety Requirements

blog@www.jasonschultzpc.com (news Author)6702 — Tue, 16 Dec 2008 08:00:00 EST

Unless new anti-drowning drain covers are installed, tens of thousands of public swimming pools and hot tubs could be forced to close under a sweeping law designed to prevent drain suction from trapping children under water.

The rules apply to pools and spas used by the public, including municipal pools and those at hotels, private clubs, apartment buildings and community centers.

The improved drain systems were outlined in legislation passed by Congress a year ago. Pool and spa operators had a year to comply; Friday is the deadline for installing the new equipment.

Nancy Nord, acting chairman of the Consumer Product Safety Commission, said Monday the agency will focus initially on public baby pools and wading pools, as well as in-ground spas that have flat drain grates on the bottom and just one drain system.

The issue received heightened attention after the 7-year-old granddaughter of former Secretary of State James A. Baker was sucked onto a spa drain in 2002. She drowned despite efforts to pry her off.

The National Swimming Pool Foundation, a nonprofit group in Colorado Springs, Colo., said about 80 percent of the 300,000 public pools and spas in the United States do not comply with the new rules and may have to close.

It said the cost of complying with the new law would range from $1,000 to $15,000 per pool. A variety of factors, including the availability of compliant drains and the workers to install them, determine the eventual price tag. Given current economic conditions, that's a potentially heavy financial burden for local governments.

Nord had no sense of how many pool and spa owners had installed the new equipment or how many might have to close. "We have limited resources and we don't have the resources to send federal safety inspectors to every single pool," Nord said.

At the same time, she said, her agency reserves the right to take action against violators.

The legislation bans the manufacture, sale or distribution of drain covers that don't meet anti-entrapment safety standards.

New models use a hump-shaped drain cover rather than the flat style that more easily attains suction with a child's body. Pools with just one drain also are required to install a second drain system, or external shut-off.

New Anti Drowning Law for Pools and Hot Tubs

jason@jasonschultzpc.com (blog Author)7344 — Tue, 16 Dec 2008 08:00:00 EST

Thousand of pools and hot tubs could be closed unless new anti drowning drain covers are installed. The new drains are designed to prevent drain suction from trapping children under water. The rules apply to all pools and spas used by the public. The improved drain systems were outlined in legislation passed by Congress a year ago. The legislation bans the manufacture, sale or distribution of drain covers that don't meet anti-entrapment safety standards.

New models use a hump-shaped drain cover rather than the flat style that more easily attains suction with a child's body. Pools with just one drain also are required to install a second drain system, or external shut-off.

The Consumer Product Safety Commission said Monday the agency will focus initially on public baby pools and wading pools, as well as in-ground spas that have flat drain grates on the bottom and just one drain system.

The National Swimming Pool Foundation, a nonprofit group in Colorado Springs, Colo., said about 80 percent of the 300,000 public pools and spas in the United States do not comply with the new rules and may have to close.

Georgia wrongful death and serious injury attorney Jason R. Schultz represents drowning victims and their families. If you or a loved one have suffered serious personal injuries or death due to a pool operators carelessness or failure to comply with the law, please call (404) 474-0804 for a free consultation

Failure to Diagnose Kidney Disease Results in $6,100,000 Medical Negligence Verdict

blog@www.jasonschultzpc.com (news Author)6688 — Mon, 15 Dec 2008 08:00:00 EST

A 45-year-old rancher won $6 million this week in a medical malpractice lawsuit against a physician. The jury compensated Antonio Richardson $4.1 million in special damages and $2 million in general damages against physician Arnold Seid. According to court records, Richardson went to Seid in 2001, when tests for health insurance showed signs of kidney disease. For two years, Seid treated Richardson for high blood pressure, ignoring test results indicating kidney disease. the doctor eventually referred him to a specialist, but by then his kidneys were already dead. An expert witness said Richardson should have been referred to a kidney specialist in 2001. Another witness said his kidney problems, if treated, could have been delayed or prevented. Richardson suffered catastrophic injury to his health and business. The verdicit will pay for his ongoing medical expenses and lost wages.

Paralyzed Man Receives Verdict for $48,000,000

blog@www.jasonschultzpc.com (news Author)6689 — Mon, 15 Dec 2008 08:00:00 EST

A jury on Thursday returend a $48 million verdict compensating a man paralyzed from the waist down after falling 17 feet fall from a ladder while working at a steel mill on November 20, 2004. The man fell due to the negligence of a contractor that left the ladder covered with refractory concrete. The injured worker cannot directly sue his employer -- in this case the steel mill -- but he was able to sue Minteq, the third part contractor and he will probably only be able to collect $24 million of the $48 million as the jury also found his employer 50% at fault. The verdict is believed to be an Indiana record.

No Formula for Diminished Value Claims in Georgia

jason@jasonschultzpc.com (blog Author)7247 — Fri, 12 Dec 2008 08:00:00 EST

Georgia Insurance Commissioner John Oxendine issued a directive on December 5, 2008 informing automobile insurance companies about the proper handling of diminished value claims. Insurers were orded to stop using language in its communications with the public that implies that the Georgia Insurance Department has endorsed a particular formula for determining diminution of value in physical damage automobile claims.

It really is about time that something was done about this. Insurers, including State Farm, USAA, SafeCo, Liberty Mutual, Cotton States, Allstate and GEICO, all have known for a long time, since 2001, that there was no "formula" approved by the Georgia Insurance Department, yet they continued to imply to claimants that they were just "following the formula" created by the Supreme Court and endorsed by the Insurance Commissioner in evaluating diminish value (DV) claims.

Progressive Insurance Company Goes Way Too Far

jason@jasonschultzpc.com (blog Author)947 — Mon, 17 Nov 2008 08:00:00 EST

The following article appeared in the August 22, 2007 edition of the Atlanta Journal-Constitution. This outrage ranks near the top of the list as far as insurance company abuses go. This is a fine example of the lengths that insurance companies will go to avoid paying fair compenstion to victims of negligence. I certainly hope that justice is delivered to Progressive Insurance Company for this outrageous invasion of privacy. By D.L. BENNETT The Atlanta Journal-Constitution Published on: 08/22/07 When a new couple arrived at Southside Christian Fellowship Church in August 2005, members welcomed them with open arms. Soon, the new couple talked their way into private group support sessions in the Stockbridge home of church member Ken King. During the private talks, church members confessed abortions, sexual orientation issues, drug addictions and other dark secrets. No one knew the couple wasn't actually interested in joining the church. Instead, they were private investigators hoping two church members, Bill and Leandra Pitts, would spill something they could use to discredit the pair in an ongoing lawsuit over a traffic accident. The private eyes even tape-recorded the sessions. "This is just too far," said Atlanta lawyer Wayne Grant, who's representing the couple in a lawsuit over the incident. "People have a right to expect they could be comfortable being candid in that setting. This is an invasion of privacy to the worst degree." The lawsuit filed last week in Fulton County State Court names Wisconson-based Progressive Northern Insurance Co., their lawyers and James Purgason Jr. and Paige Weeks of Merlin Investigations as defendants. The lawsuit charges invasion of privacy, breach of confidentiality, emotional distress and fraud among other issues. It seeks unspecified damages. Private investigator Purgason said he didn't do anything wrong. "We make sure we always fall well within the law," Purgason said. "How it's interpreted from there isn't up to us." The lawsuit raises the question of what is going too far in such situations. Should folks, even those involved in lawsuits, expect they aren't being spied upon while in church or at a group confessional at a minister's home? Glenn Christian of Coastal Investigations in Savannah serves as president of the Georgia Association of Private Investigators, the state private eyes association. He said private investigators routinely misrepresent themselves to get information. And they often record video and audio for clients when the target of the investigation is unaware. Georgia law generally allows recording of conversations as long as one party is aware of it. The issue here is moral, not legal, Christian said. "There's a fine, fine line there," Christian said. "There are some companies that wouldn't do that." The current Fulton case stems from a 2004 traffic accident in Henry County involving the Pitts couple and Debra Harris. The couple sued Harris and her insurer, Allstate. But because Harris had only $50,000 in coverage, the couple's lawyer, Grant, also eventually sought compensation from the Pittses' own insurer, Progressive. The case was eventually settled for an undisclosed sum. But before that, while it was still being investigated, Progressive's lawyers hired Merlin Investigations to check up on the couple. King, an ordained minister who does not work for the church, said the support group has met in his home for more than 20 years. Each session started with a statement that whatever was said in the room would remain private. He said he never imagined people would lie their way in and tape the confessions. "My rights to have a personal, confidential meeting in my home were violated," King said. "Not only my rights, but the people who trusted me. It broke our hearts." King said once he learned the meetings had been taped he was forced to call his members together and break the news. The shocked prayer-group members broke down and cried, he said. Some members left. And with others, King said, they've struggled to rebuild trust. "They crossed the line when they came in and caused the people who trusted me this much harm," King said. "That makes me very angry. And, I am not an angry man."

Progressive Investigated by Georgia Insurance Commissioner

jason@jasonschultzpc.com (blog Author)990 — Mon, 17 Nov 2008 08:00:00 EST

The Georgia insurance Commissioner, John Oxendine, is now involved in the latest Progressive Insurance Company's scandel over allegations of invasion of privacy, fraud and other misdeeds. Hopefully, this will help Progressive and other insurance companies remember that they have fiduciary duties towards thier own insured's, that is, a duty to place their insured's interests as highly as their own. We will see. By D.L. BENNETT The Atlanta Journal-Constitution Published on: 08/30/07 Georgia's insurance commissioner has begun an investigation of Progressive Insurance for allegedly sending private investigators into a church confessional to spy on a couple who had filed suit against the company. John W. Oxendine ordered a market conduct examination into recent allegations of invasion of privacy, fraud and other misdeeds by Progressive Insurance Co. Oxendine has ordered the company to preserve "all documents, data and tangible things related to all losses or claims incurred or reported involving or related to Georgia policyholders since Jan. 1, 2003." "Georgia policyholders should expect an open and honest relationship with their insurance company," Oxendine said. "In order to assure truthfulness within the industry, when we hear of possible wrongdoing, we have to act promptly to protect the consumer." The two private detectives allegedly posed as a married couple wanting to join the church. They talked their way into a private confessional at a member's home and recorded potentially embarrassing details from several people there. The investigators were looking into Bill and Leandra Pitts, a Henry County couple who were involved in a car crash and later sued Progressive. The company's president issued an apology on Progressive's website last week. Progressive has 10 days to request a hearing. Company spokesman Shawn Fergus could not be reached for comment late Thursday.

Train Safety

jason@jasonschultzpc.com (blog Author)1076 — Mon, 17 Nov 2008 08:00:00 EST

The Newnan Times Herald reported today on an incident that happened in Coweta County Georgia involving a train striking a car that was stopped at a red traffic signal at the intersection of Weldon Road and U.S. 29. The car was stopped past the railroad tracks waiting to turn onto U.S. 29. The location and design of that intersection is dangerous and, in fact, according to a recent study released by the Citizens for Rail Safety and the University of Kentucky, that crossing is the seventh-most accident prone in the nation.{http://www.citizensforrailsafety.org/in-the-news.php?id=74} According to the Federal Highway Administration, a train strikes a vehicle or a pedestrian at a rail crossing approximately every 2 hours in the United States. These 12 daily accidents have the potential of producing catastrophic injuries and deaths. The story publsihed September 19, 2007 reads as follows: Just because your vehicle is off the tracks doesn't mean you can't get hit by a train. A minivan struck by a train at Weldon Road and U.S. 29 north of Newnan was off the railroad tracks, according to deputies with the Coweta County Sheriff's Office, but the train extends 3 feet from the tracks on either side. Deanna Nerowski was driving a Ford Freestyle minivan Tuesday afternoon, waiting to turn onto U.S. 29 from Weldon, when the back of the van was struck by a northbound train. Nerowski and three children were transported to Piedmont Newnan Hospital with non life-threatening injuries, said Lt. John LaChance of the CCSO. There was another vehicle waiting to turn in front of Nerowski at the time of the accident, said Deputy Donnie Slaton. There is no indication that Nerowski was trying to beat the train, said LaChance. He had not had a chance to interview Nerowski to find out if the crossing lights and whistles were activated before she crossed or whether the train was visible. But LaChance said none of the witnesses who saw the crash indicated that Nerowski had tried to cross after she knew the train was coming. "She thought she was safe," having cleared the tracks, LaChance said. "Just because you're off the tracks doesn't mean you're clear of the train." "You should never cross the tracks until you can clear 3 feet," he said. The minivan ended up in the ditch on the north side of the crossing, crashing into the stop sign. The train was stopped several hundred yards down the tracks. "That's how long it takes to stop," said Slaton. The driver of the train "was probably on the brakes" when the train struck the minivan, he said. After the accident, the train was uncoupled to allow the crossing to be opened to traffic while crews from the CCSO, CSX Railroad, and Georgia Department of Transportation investigated and cleared the accident. The crossing at Weldon is the seventh-most accident prone in the nation, according to a recent study released by the Citizens for Rail Safety and the University of Kentucky. An intersection improvement project at Weldon, which includes turning lanes, a traffic light, and crossing arms, is nearing completion. The most recent completion date is Sept. 30, according to the DOT. DOT officials could not be reached for an updated completion time Tuesday evening. However, crews were out Monday and Tuesday hanging the new traffic signals for the intersection. The contractor for the project, Baldwin Paving Company, has most recently been working on installing a retaining wall that will be next to the northbound right turn lane on U.S. 29. CSX Railroad will also be doing some work on the project — widening the crossing to accommodate the various turn lanes and installing crossing arms to block the crossing when trains are coming.

Why I Like Lawyers

jason@jasonschultzpc.com (blog Author)1093 — Mon, 17 Nov 2008 08:00:00 EST

There is a moral belief that virtually every single person I've ever met says they think is true: "Human beings do bad things." Now, there is much debate as to why this is true. Some people believe we learn bad behavior from our environment. Other people think bad behaviors stem from our genetic code and the general health of our minds and bodies. Other people think the problem is a spiritual problem in our natures that all people have when they are born. Whatever the cause, most everyone agrees that people do bad things that damage other people and their property on a regular basis. For this reason we here in America (and every other nation and people group for that matter) have laws. Civil and Criminal laws are set up to: Restrain and/or deter people from doing the bad things they have a proclivity to do. Punish people who choose to hurt others. Compensate people who are the victims of abuse or negligence of others. And every single person who works in the field of law plays an important part in doing those three things. Police officers, judges, legislators, jurors, and military personnel, politicians, and investigators are just a few of the many people who commit a large portion of their life to this process of restraining evil, punishing law breakers, and protecting innocent victims. And for the most part, the people who hold these positions are respected for the important work they do. There is one group of people, however, that play an equally important role in this system, and yet for some reason they are not given the same respect. The group to which I'm referring is: Lawyers. Lawyers are repeatedly joked about, often held in derision, and sometimes openly hated. This is tragic. If it weren't for lawyers: Innocent people who are unable to defend themselves in court would be convicted of crimes they didn't commit. Guilty people who are especially talented in deception would not be punished for their crimes. Companies would be able to advertise falsely with no consequence. Food and drug producers could easily distribute harmful products to the public. Divorces would be an even more difficult process where the spouse with the least amount of intelligence and/or communication skills would simply lose out on their fair share of the assets. Artists would have their creative works stolen and/or reproduced without permission and they would be unable to seek out any sort of just compensation. The constitutions of the federal and state governments would lose their significance. Their power would slowly erode away. Crime would escalate, as people realized no one was professionally or occupationally committed to prosecute crimes with quality and excellence. Legal errors would virtually never be overturned through the appeals process. Victims of negligence would rarely see restitution. Governments would be able to abuse their powers over the citizens in their jurisdictions. I really could go on and on. But to sum it all up, lawyers help restrain evil, punish lawbreakers, and protect innocent citizens. Sure, there are corrupt lawyers who abuse their role and actually help further evil, protect lawbreakers, and punish innocent citizens. But that is true of all of the "law" professions; there are corrupt judges, police officers, legislators, and politicians. Frankly, there are corrupt people in every field, even those outside the legal profession including doctors, firefighters, teachers, priests, janitors, and journalists. The reason this is true goes back to the first point: Human beings do bad things. The fact that some lawyers are "corrupt" isn't evidence that we "don't need lawyers." It is actually evidence supporting the other side. We do need them. As long as there are corrupt people in any field in this country we need lawyers to help us to restrain and punish them while protecting the victims they hurt.

Have I Made a Difference?

jason@jasonschultzpc.com (blog Author)2754 — Mon, 17 Nov 2008 08:00:00 EST

Over the years, I have often wondered "Have I made a difference?" I have listened to our pastor preach sermons about members of the church, people he married, the hands he held, and the people he buried. As I have listened, I have thought to myself, "Now there is a man who has made a real difference in people's lives."

I have just finished coaching another year of baseball at my local church and hope that I somehow made a difference in a child's life. In my practice, I know I have tried to make a difference in the lives of those seriously injured. I know that trying to make a difference in people's lives requires working together with the right people ("the good guys") who are committed to making that difference, regardless of the outcome. Working together with a common cause, the pursuit of justice, is one of the things that makes my work so worthwhile.

Justice is what motivates and inspires our firm. That is why we are here. I simply take this moment to express my personal thanks to all of my past and present clients who have given me the opportunity to seek justice on their behalf and entrusted me with your confidence.

Allstate Named America's Worst Insurance Company

jason@jasonschultzpc.com (blog Author)3959 — Mon, 17 Nov 2008 08:00:00 EST

It's official - Allstate is this country's worst insurer. People need to know this information when they are making a choice about who they want as their insurance company. You would be wise to avoid these ten and not reward them with your premium dollars for their bad behavior.

The American Association of Justice has just released its report entitled "The Ten Worst Insurance Companies in America: How They Raise Premiums, Deny Claims, and Refuse Insurance to Those Who Need It Most." The report cites Allstate as the country's worst insurer.

Allstate gained its status as America's worst insurer through its "deny, delay, defend" claims practices, and its cover-up of the McKinsey documents in which elite consultant McKinsey & Co. advised Allstate how to bilk policyholders out of billions of dollars in claims.

Read more about Allstate's claims practices.

Over Correcting Likely Cause of School Bus Accident in Georgia

jason@jasonschultzpc.com (blog Author)2046 — Mon, 17 Nov 2008 08:00:00 EST

It's a situation in which you shouldn't trust your first instinct because it may be fatal. Overcorrecting, or quickly snatching the steering wheel back in the direction of the road to get back on it when your vehicle goes onto the shoulder, is one of the leading causes of traffic fatalities in this country.

From all reports thus far, it appears that the school bus driver simply left the roadway momentarily and then over corrected, causing the bus to to leave the roadway and injuring, some seriously, the 25 students aboard the bus.

When the front tire goes off the shoulder and then hits the raised surface of a paved road, that difference can be deadly. "That's what causes the vehicle to lose control," says Capt. Brent Coates of the Florida Highway Patrol. "That's when the vehicle flips and people are ejected if they're not wearing a seat belt."

Momentary distractions such as changing a CD, dropping a cigarette or answering a cell phone can cause drivers to straddle the shoulder of the road, but panic becomes their worst enemy.

Coates said in that split second, he knows a driver's first instinct is to snatch the wheel to get back on the road, but a driver should immediately do two things when their vehicle veers off the roadway.

"The first thing is to let off the gas and get a firm grip on the steering wheel," he said. "Then, once the vehicle is slowed down, the driver should ease the vehicle back onto the roadway." If no obstacles are on the side of the road, a driver can just slow down and stop, then get back on the road when there's no traffic and they've calmed down.

"Drivers should look for what's on the side of the road as they're driving in case they have to leave the road like that," Coates said. "Planning ahead while you're driving is second nature for us (troopers), but drivers don't always do that."

The wreck this morning brings to a head the issue of seat belts on school buses and whether they should be mandated by the federal and/or state goverment. In November 2007, U.S. Transportation Secretary Mary E. Peters announced a new federal proposal to make school buses safer by requiring higher seat backs and setting new seat belt standards for the nation’s 474,000 school buses.

Despite the new proposal, the official National Highway Transportation Administration (NHTSA) position statement on seat belts on school buses concludes that "there is insufficient reason for a Federal mandate for seat belts on large school buses." The statement points out that:

"School bus transportation is one of the safest forms of transportation in the United States. We require all new school buses to meet safety requirements over and above those applying to all other passenger vehicles. These include requirements for improved emergency exits, roof structure, seating and fuel systems, and bus body joint integrity. These requirements help ensure that school buses are extremely safe."

NHTSA feels that the best way to provide crash protection to passengers is through "compartmentalization," in which "buses provide occupant protection so that children are protected without the need to buckle-up. Occupant crash protection is provided by a protective envelope consisting of strong, closely-spaced seats that have energy-absorbing seat backs."

It is my opinion that properly worn seat belts would certainly have minimized the nature and extent of the injuries caused by the careless driving of the school bus driver.

Gov. Sonny Perdue Signs SB 276 UM Stacking Bill into Law

jason@jasonschultzpc.com (blog Author)2696 — Mon, 17 Nov 2008 08:00:00 EST

The controversial Senate Bill 276 which passed late in the 2008 legislative session has now been signed into law by Gov. Sonny Perdue. For months now, the Georgia insurance commissioner, John Oxendine, has been against the bill because of his worries relating to the part of SB 276 that will allow insurance companies to change their rates without his approval. Oxendine's office has given prior approval to car insurance companies for over 15 years, which means companies must set their rates with the approval of his office. But Senate Bill 276 gets rid of the approval process altogether.

SB 276 began its life in the 2007 session as an effort by Sen. Cecil Staton (R-Macon) to "stack" so-called uninsured motorist policies. Before SB 276, if the at fault driver had $25,000 in liability coverage and the victim only had $25,000 in uninsured/underinsured motorist (UM) coverage, the victim would not get the benefit of his UM coverage. With stacking, assuming that the case was worth $50,000, the victim would now be able to recover $25,000 from the at fault driver and $25,000 from his/her own UM insurance carrier.

The new law will now allow those coverages to stack but only if the consumer chooses the stacking option. The consumer can choose the coverage that they currently have where the coverage doesn't stack, or the consumer could choose expanded coverage where they will stack to give that additional protection, or the third option is not to have UM coverage at all.

According to Bill Clark, Chief Lobbyist for the Georgia Trial Lawyers Association, "The states that have adopted a free market system for insurance ratings have seen significant reductions in premiums for their citizens." He said consumers will now have the benefit of a free market system. He also said that the more than 250 car insurance companies that sell in Georgia must now compete with each other to win a driver's business. In the final analysis, we will all have to wait and see who was correct about whether the insurance rates will go up across the board or not.

In my opinion, I think that those who choose the stacking option will pay more for UM coverage, but they are getting more coverage than before. The sad reality is that insurance companies and their agents will likely not fully explain these options to consumers who will be left in the dark about how important UM coverage is, especially UM coverage that stacks on top of the at fault driver's liability coverage.

Appeals court upholds $16 million verdict against Allstate

blog@www.jasonschultzpc.com (news Author)5377 — Thu, 31 Jul 2008 08:00:00 EST

On the July 29th, the Kansas City Star newspaper reported that:

On Tuesday, the Missouri Court of Appeals in Kansas City upheld a jury verdict that requires Allstate Insurance Company to pay more than $16 million in damages.

The case beganon March 24, 2000, when Wayne Davis Jr. got into his pickup while intoxicated, crossed the center line on U.S. 54 in Camden County and hit a compact car head-on. The driver and the passenger, Edward Johnson and his wife, Virginia, survived but suffered life-threatening injuries. Virginia was hospitalized for 40 days and Edward for 35 days. Their combined hospital bills totaled $320,000.

Although the Johnsons offered to settle for Davis’ minimal insurance policy limits of $50,000, his carrier, Allstate Insurance Co., did not respond until six months later. That was after the statutory 60-day limit for accepting had expired.

After Allstate failed to settle, the Johnsons sued Davis. He consented to a judgment in their favor of more than $5 million — $2.5 million in actual damages, $1.5 million in punitive damages and more than $1 million in prejudgment interest.

Brain Injuries Account for Half the Deaths When Elderly Fall

blog@www.jasonschultzpc.com (news Author)5129 — Wed, 25 Jun 2008 08:00:00 EST

The elderly fear breaking a hip when they fall, but a government study indicates that hitting their head can also have deadly consequences: Brain injuries account for half of all deaths from falls.

The study by the Centers for Disease Control and Prevention is the first comprehensive national look at the role brain injuries play in fatal elderly falls. It examined 16,000 deaths in 2005 that listed unintentional falls as an underlying cause of death.

CDC researchers found that slightly more than half of the deaths were attributed to brain injuries. The other deaths were due to a variety of causes including heart failure, strokes, infections and existing chronic conditions worsened by a broken hip or other injuries sustained in a fall.

"A lot of people don't think a fall is serious unless they broke a bone, they don't think it's serious unless they break a hip. They don't worry about their head," said Pat Flemming, a senior physical therapist and researcher at Vanderbilt University

Emotional Distress Claim Allowed in Car Crash Lawsuit

blog@www.jasonschultzpc.com (news Author)5021 — Fri, 13 Jun 2008 08:00:00 EST

The Supreme Court in New Jersey recently decided that a woman who saw her own mother killed in a car wreck can sue the other driver for negligently inflicting emotional distress.

The decision reached allows the claim to be made despite the state's previous position that generally only allowed victims to sue only for physical injuries.

Lawsuit Alleges Negligence Led to Toddler's Death

blog@www.jasonschultzpc.com (news Author)5022 — Fri, 13 Jun 2008 08:00:00 EST

Timothy Burke was fine when his father dropped him off at the YMCA Childcare Center in Marblehead on the morning of June 9, 2005. Even though his best buddy wasn't there that day, Timothy, 3, happily played alone, filling a toy dump truck with mulch, pushing it across the yard and then emptying it. He ended up inside a playhouse built against the side of the Humphrey Street center. No one's sure what happened next, but about 15 minutes later, the little boy was found unconscious, face down against the back of the toy truck. Less than a week later, on June 15, his parents "reluctantly" made the decision to take him off life support. Now his parents have filed a wrongful death suit against the Marblehead-Swampscott YMCA, six of its employees and Northshore Ambulance of Salem. The lawsuit, filed Monday in Salem Superior Court, three years to the day after Timothy's death, alleges that both the YMCA and its employees and the ambulance company and its workers were negligent. The suit charges that day care center employees failed to watch the child and, when they found him unconscious, failed to provide proper emergency care. It also charges that the ambulance company was negligent by failing to properly train its employees or provide them with proper supplies to treat the child. The ambulance workers never used a defibrillator on the boy.

KB Home to Pay Fine in EPA Probe of Alleged Water Run Off Violations

blog@www.jasonschultzpc.com (news Author)5023 — Fri, 13 Jun 2008 08:00:00 EST

Four major home builders, including Los Angeles-based KB Home, have agreed to pay $4.3 million in fines to resolve alleged violations of the Clean Water Act involving hundreds of construction sites nationwide, the U.S. Justice Department and Environmental Protection Agency said Wednesday.

The four separate settlements are the result of a federal investigation into storm-water management and compliance efforts between 2001 and 2004, according to the companies named in the complaints.

The greatest number of alleged violations occurred in California. Complaints also were filed this week against Pulte Homes of Bloomfield, Mich.; Centex Homes, based in Dallas; and Richmond American Homes, based in Denver.

The complaints allege that the companies violated storm-water runoff regulations at construction sites in 34 states and the District of Columbia. Alleged violations include failure to obtain a permit before construction and failure to prevent or minimize discharge of pollutants, such as silt and debris, in storm-water runoff.

The Clean Water Act requires construction sites to have controls, such as silt fences and sediment basins, to prevent contaminants from flowing into waterways.

Pollutants from concrete, lubricants, paint, pesticides and other debris can mix with storm water, and the runoff can harm or kill fish and wildlife as well as affect drinking water quality.

Nursing Home Sued after Losing 94 Year Old Patient

blog@www.jasonschultzpc.com (news Author)4968 — Fri, 06 Jun 2008 08:00:00 EST

The child of a 94 year old nursing home patient who was hit by a car in November after she wandered away from a nursing home has filed a wrongful death lawsuit against the facility. The lawsuit alleges that the nursing home failed to "supervise and ensure the safety" of Maria Cobian, resulting in her death. Ms. Cobian was walking in a traffic lane a few hundred yards from the nursing home when she was struck and killed by a car.

Settlement Would Move Brain Injury Patients from Nursing Homes

blog@www.jasonschultzpc.com (news Author)4955 — Wed, 04 Jun 2008 08:00:00 EST

As many as 2,000 Massachusetts nursing home residents with brain injuries would gradually move into homes in the community under a proposed settlement of a lawsuit that alleges the state leaves too many people trapped in institutions in violation of federal law.

Advocates said Monday's settlement could mean greater freedom for the estimated one-quarter of the state's 8,000 brain-injured residents of nursing homes and rehabilitation centers who are capable of living on their own or in a group, with some nursing assistance.

"I think their quality of life will certainly be improved, and when that happens, your physical and mental health also improve," said Arlene Korab, executive director of the Brain Injury Association of Massachusetts, and mother of Kevin Korab, a 42-year-old brain-injured man who successfully lives in a Dartmouth home with another disabled man.

Near Fatal Drug Mix Up - Quaid Testifies of Peril to Newborn Twins

blog@www.jasonschultzpc.com (news Author)4843 — Fri, 16 May 2008 08:00:00 EST

Actor Dennis Quaid told Congress on Wednesday that taking away the right to sue pharmaceutical companies would turn consumers into "uninformed and uncompensated lab rats."

Quaid's comments came as he described a harrowing, near-fatal drug mix-up in which his newborn twins received 1,000 times the correct dose of the blood thinner heparin.

The actor said his family's brush with tragedy underscores the need to hold pharmaceutical companies accountable through lawsuits. That remedy is becoming increasingly problematic for injured consumers.

The drug maker, Baxter Healthcare Corp., said it regrets that a product intended to save and sustain life was at the center of a medication error.

Beginning with the Bush administration, the Food and Drug Administration has stepped into suits on the side of defendant pharmaceutical companies, arguing that federal regulation of drugs pre-empts state suits.

"The regulatory cop is off the beat," Georgetown University law professor David Vladeck told the House Reform and Government Oversight Committee.

The issue of federal pre-emption of suits against the drug industry will come before the Supreme Court this year in a case from Vermont.

Some 7,000 people in the United States die every year from medication errors.

The Quaid family is suing Baxter Healthcare, which is seeking dismissal of the case on grounds that the FDA approved the labeling.

"Like many Americans, I believed that a big problem in our country was frivolous lawsuits," Quaid testified. "But now I know that the courts are often the only path to justice."

The committee's top Republican, Rep. Tom Davis of Virginia, sympathized with Quaid, saying that if this had happened to the Davis family, "I'd be suing everybody in sight." Apart from Quaid's case, Davis urged a middle ground between total pre-emption and unrestrained litigation.

Trasylol Again Strongly Linked to Increased Risk of Death

blog@www.jasonschultzpc.com (news Author)4845 — Fri, 16 May 2008 08:00:00 EST

An anti-bleeding drug probably will stay off the market, experts say, after a rigorous study found patients getting the medication during heart surgery were much more likely to die than patients given other drugs.

Bayer AG, the maker of the drug Trasylol, said it is still deciding what to do and is awaiting details from the Canadian study. Bayer faces dozens of lawsuits claiming Trasylol led to excess deaths and that the company hid evidence of harm.

But experts in Canada and the United States say the study appears to seal the drug's fate, given that several prior studies linked Trasylol to an elevated risk of death after surgery — and studies that didn't find a higher risk had many weaknesses.

The latest study was the first head-to-head comparison of Trasylol, also known as aprotinin, and two other drugs that surgeons use to prevent massive blood loss during heart surgery. The findings were released Wednesday by the New England Journal of Medicine.

"In all likelihood, this is the end of the aprotinin story," Wayne A. Ray and C. Michael Stein of Vanderbilt University School of Medicine wrote in an editorial accompanying the study.

Trasylol was approved in 1993 but questions about its safety didn't surface until 2006, when one large study linked it to increased risk of death, heart attack, stroke and kidney failure.

The Canadian study, paid for by the government, included more than 2,300 patients who were at high risk of bleeding or had multiple health problems. They were chosen randomly to receive Trasylol or two other anti-bleeding drugs during heart surgery. The study was stopped early last October when preliminary results showed a higher rate of death in the Trasylol group. Bayer temporarily pulled the drug off the market two weeks later.

"There was no way we could ethically enroll (more patients) in the trial because we had our answer," said lead researcher Dean A. Fergusson, a transfusion medicine expert at the Ottawa Health Research Institute. "I think the results are quite definitive, certainly for high-risk cardiac surgery, and it's going to be very tough to justify its use in lower-risk surgery."

An analysis of the data showed Trasylol increased chances of death by 54 percent, compared to two much-cheaper drugs. Six percent of the Trasylol patients died within 30 days of surgery, compared with 4 percent who got either Amicar or Cyklokapron, despite a slightly lower percentage of the Trasylol patients suffering from massive bleeding or needing transfusions.

The researchers found those who died in the Trasylol group had a much higher proportion of heart complications after surgery, including heart attacks.

blog@www.jasonschultzpc.com (news Author)4831 — Thu, 15 May 2008 08:00:00 EST

$6M Verdict for 81 year Old killed by Morphine Overdose

blog@www.jasonschultzpc.com (news Author)4832 — Thu, 15 May 2008 08:00:00 EST

A jury awarded a Tucson family $6 million in a lawsuit brought after an ailing 81-year-old relative died of a morphine overdose.

Mary Culpepper and two other relatives last month were awarded $2 million each, with the cost to be paid 90 percent by operators of a nursing home, Manor Care Health Services, and 10 percent to be paid by Tucson Medical Center.

Culpepper sued Manor Care, TMC, a doctor, nurse and pharmacy over the Dec. 8, 2003, death of her mother, Sylvia Culpepper. She was admitted to TMC on Dec. 2, 2003, suffering from sciatica, a painful nerve condition. On Dec. 4, 2003, she was prescribed 15 milligrams of morphine twice a day. Two days later, her dosage increased to 30 milligrams, twice a day. When Culpepper was transferred from TMC to Manor Care, prescription orders contained both dosages.

According to the lawsuit, the Manor Care staff failed to note the discrepancy in the prescriptions and gave her both dosages, both twice a day. An autopsy determined that Culpepper died of acute morphine intoxication.

Florida Puts Brakes on Allstate Auto & Home Insurance Sales

blog@www.jasonschultzpc.com (news Author)4837 — Thu, 15 May 2008 08:00:00 EST

Allstate agents in Florida can’t sell new auto insurance policies this morning. Or homeowners coverage. State regulators have put them out of business in an effort to strong-arm information from the company in an ongoing battle over high rates and business practices. With the muscle of a favorable court ruling behind him, Florida Insurance Commissioner Kevin McCarty expects Allstate Floridian will soon allow his office free access to its records and thus end the shutdown. With a signed affidavit from company officers promising unconditional compliance, McCarty said Wednesday he’d lift the then hours-old order against Allstate doing any new business in the state.

“The timeline is in their hands,” McCarty said. “Clearly they have indicated a willingness to provide further documents. It’s unfortunate that it takes a succession of court cases . . . to get their attention.” For now McCarty is enforcing the suspension he first issued in January to wrest documents and testimony from the company in an ongoing investigation of rates, policy cancellations and business practices. The sanction does not affect Allstate’s existing 2 million customers. Allstate officials said they’re moving to fix things.

“We are taking steps to comply with the (court’s) order,” a company statement said. “We have supplied a certification to the (Office of Insurance Regulation) for review and are working to resolve any remaining issues.”

The company said its agents have been told to stop selling new policies.
McCarty’s sanction went into force Wednesday morning when an appeals court shot down Allstate Floridian Insurance Company’s request for a rehearing in its lawsuit to head off the discipline. The court earlier said the state was within its power to put Allstate out of business.

“The substance has always been to compel the company to make their books and records completely available,” McCarty said. “We have since received hundreds of thousands of documents. Most of those came after the (court) made its initial ruling” in favor of regulators.

Settlement with Texas to cost Allstate $71 million

blog@www.jasonschultzpc.com (news Author)4813 — Tue, 13 May 2008 08:00:00 EST

Texas customers of Allstate Insurance will get $71 million in refunds, credits and rate reductions for homeowner policies in a settlement that resolves legal disputes with the state over the rates dating to 2004.

The settlement involving Allstate Texas Lloyd's customers was announced by Texas insurance officials Monday.

Allstate will refund almost $37 million for new and renewal policies written between Dec. 1, 2004-April 23, 2006, a period when the state said its rates were too high.

Allstate also will reduce homeowners rates for Allstate Texas Lloyd's customers by 3 percent statewide for new and renewal policies written for one year beginning June 2. And it will credit or refund policy holders 3 percent between Aug. 20, 2007 and June 1.

The company agreed not to increase homeowner premiums from June 2 to June 1, 2009, barring extraordinary circumstances.

Lawsuit filed in fatal I-95 crash in Lake Worth

blog@www.jasonschultzpc.com (news Author)4814 — Tue, 13 May 2008 08:00:00 EST

The father of a 17-year-old honor student killed in a January car crash on Interstate 95 has sued the contractor and engineering firms in charge of a road construction project as well as the driver of the vehicle that rear-ended the car in which the teen was a passenger.

Philip Davis, on behalf of his son, Brian Davis, blames abrupt lane closures and inadequate lighting and warnings for the four-vehicle crash in Lake Worth on Jan. 8.

Defendants Astaldi Construction Corp. and Corradino Group Inc. as well as Mark Best are the named defendants. Best's Chevrolet truck rear-ended the Toyota Camry that Davis was in. The wreck occurred near a construction zone on Sixth Avenue South.

Davis was coming home from an English study class. At Palm Beach Gardens High School, he was captain of the swim team and also a member of the varsity track team.

Sturdier Cars Slow Rescuers

blog@www.jasonschultzpc.com (news Author)4536 — Fri, 28 Mar 2008 08:00:00 EST

Capt. Clint Roberts makes his living cutting accident victims out of hideously mangled vehicles, but even he could hardly believe it when two people in a 2007 midsize car survived a head-on crash with a full- sized pickup last year.

The Ford Fusion's reinforced steel construction probably saved the lives of the 18-year-old driver and his 16-year-old passenger. But Roberts said it gave his Hillsborough County Fire Rescue crew fits as they tried to free them last November.

Because hydraulic cutters couldn't shear the roof posts, rescue workers had to turn to heavy-duty electric saws, replacing blade after blade as they dulled on the rugged material.

"It was just beating the snot out of the tools," adding minutes and delaying medical treatment, Roberts said.

School Bus Overturns in Georgia - Many Students Hurt

blog@www.jasonschultzpc.com (news Author)4388 — Mon, 03 Mar 2008 08:00:00 EST

Authorities say 11 students were taken to metro Atlanta hospitals with injuries after a school bus carrying 27 students overturned in Cherokee County.

Bus Number 427 was on its way to Sequoya High School and Dean Rusk Middle School in Canton, about 40 miles north of Atlanta, when it went off Georgia 140 near Canton and overturned just after 8 am. A 911 center supervisor earlier said 30 students were on the bus.

One student was taken to Atlanta Medical Center by helicopter because the student had lost consciousness after the accident.

Authorities had earlier said the student was in critical condition. But Cherokee County Fire Department spokesman Tim Cavender says officials later upgraded the student's injuries to non life threatening.

Cavender says 10 students were taken to North Fulton Regional Hospital for neck and back injuries. He says the bus driver and 15 students were taken to Northside Cherokee Hospital to be evaluated before being released to their parents. One student did not go to a hospital.

The cause of the accident is still under investigation. But sheriff's department spokesman Sergeant Jay Baker says a preliminary analysis indicates the bus went off the road after the driver tried to overcorrect when the right side of the bus went off the pavement.

The bus driver apparently lost control of the bus, which rested on its side on the side of the road. No students were ejected from the bus during the accident.

Government Lists Worst Nursing Homes

blog@www.jasonschultzpc.com (news Author)4248 — Wed, 13 Feb 2008 08:00:00 EST

After initially resisting their disclosure, the Bush administration on Tuesday published the names of 131 nursing homes with poor inspection records and said some were already showing signs of improvement.

The list released by the Centers for Medicare and Medicaid Services represents troubled facilities cited as a "special focus facility," a designation used to identify those that merit more oversight. For these homes, states conduct inspections at six-month intervals rather than annually.

Last November, the government released a partial list of 54 nursing homes that ranked among the worst in their states, balking at releasing the full list of homes with the "special focus" designation. After a group of Democratic lawmakers began pushing for full disclosure, CMS said Tuesday it was publishing the names after cross-checking information to ensure the release of the most accurate data.

CMS will update its list of troubled nursing homes on a quarterly basis, with its next release scheduled for April.

J&J, Novartis Recall Fentanyl Pain Patches Over Possible Leak

blog@www.jasonschultzpc.com (news Author)4249 — Wed, 13 Feb 2008 08:00:00 EST

Johnson & Johnson and Novartis AG's Sandoz unit recalled some patches containing the painkiller fentanyl, saying manufacturing defects may cause leaks that can lead to fatal overdoses.

The Duragesic patches, made by Johnson & Johnson's Alza Corp., may have a cut along the drug reservoir, exposing users directly to the fentanyl gel inside, the New Brunswick, New Jersey-based company said in a statement. It's the fifth recall of some version of the patches since 1994.

``Perhaps the time has come for the FDA to order Johnson & Johnson to pull all versions of this product off the shelves,' said Alex MacDonald, a lawyer who represents the families of former patch users. Juries have found defective patches caused the deaths of two users since lawsuits over the products began going to trial in 2006.

Today's recall covers patches in the U.S. and Canada that release 25 micrograms of fentanyl in an hour, Johnson & Johnson said. The expiration dates are on or before December 2009. Duragesic patches generated $1.16 billion in global sales last year, making them Johnson & Johnson's eighth-biggest selling product, spokesman Greg Panico said.

Sandoz distributes the patches. Mylan Inc., based in Canonsburg, Pennsylvania, began selling a lower-cost copy of the Duragesic patch in 2005, and was joined by other companies including Watson Pharmaceuticals Inc.

Safety Warning

The U.S. Food and Drug Administration issued a safety warning in December over the patches, saying improper use can cause breathing difficulties and death. That followed a July 2005 alert put out by the FDA after 120 patients taking the drug died. Johnson & Johnson said in November that it faced 72 lawsuits over the patches.

``The FDA continues to engage with the company in its voluntary recall and is investigating the situation,' FDA spokeswoman Susan Cruzan said in an e-mail.

Johnson & Johnson rose $1.09, or 1.8 percent, to $62.97 in New York Stock Exchange composite trading today. The shares have fallen 5.6 percent this year.

The recall ``is small enough that I doubt this will impact the bottom line,' said Jon Fisher, a portfolio manager at Fifth Third Asset Management in Minneapolis. The fund held 3.1 million shares of Johnson & Johnson as of September, according to data compiled by Bloomberg.

Fentanyl is mostly used to treat cancer pain, according to the FDA, and doctors say it's a stronger painkiller than morphine. Duragesic patches contain fentanyl in a pouch between two membranes. In January, Johnson & Johnson received returned patches that had cut edges, prompting the company to notify the FDA, Panico said.

Cell Phone Use in Car Leads to $5.2 Million Payout by Employer

blog@www.jasonschultzpc.com (news Author)4250 — Wed, 13 Feb 2008 08:00:00 EST

Talk isn't always cheap, as International Paper Co. learned recently when it agreed to pay $5.2 million to settle a personal injury suit related, at least in part, to one of its employees' use of a cell phone while driving.

According to the complaint, filed in Fulton County, Ga., Superior Court in 2006, International Paper employee Vanessa C. McGrogan was using her company-supplied cell phone as she drove west on Interstate 16 near Dublin, Ga., when she rear-ended a vehicle driven by Debra Ford. The collision pushed Ford's vehicle into the ditch on the right side of the road, overturning it so that the driver's side hit and then slid along the roadway -- with Ford's arm trapped between the door and the asphalt.

Medical complications eventually forced Ford, a widowed mother of four, to have her arm amputated almost up to the shoulder.

"We have a cell phone statute in Georgia that says the driver is not to do things that are distracting," said Ford's attorney, Katherine L. McArthur of The Law Firm of Kathy McArthur in Macon, Ga. McArthur explained that this essentially means reasonable cell phone use is acceptable within the purview of the statute. The International Paper employee's cell phone use was not reasonable, McArthur continued, because the employee had set her cruise control at 77 miles per hour -- in a 70 mph speed zone.

The combination of those two factors, said McArthur, allowed her to raise the issue of intentional negligence on the part of the employee and International Paper and to seek punitive damages.

International Paper raised some affirmative defenses, McArthur said, alleging, among other things, that the loss of her client's arm was caused at least in part by the fact that she was a smoker, and that smoking had damaged her vascular system, thus impairing the healing process. Both Ford's doctor and another medical expert refuted that claim, saying Ford lost her arm because it was crushed in the accident, McArthur said.

Outside counsel for International Paper, C. Michael Evert Jr. and Christopher G. Conley of Evert Weathersby Houff, referred comment to Amy Sawyer, a spokeswoman for International Paper in Memphis, Tenn.

Sawyer, in an e-mail message, said only, "This was an unfortunate accident, which touched off a series of bizarre events that caused Ms. Ford's injuries. Given these circumstances, it was a very unique case."

After a series of negotiations with a variety of outside counsel for International Paper -- the company changed law firms three times, McArthur said -- and an attempt at mediation, the parties agreed to settle for $5.2 million in mid-December. The case had been set for trial March 17.

Although International Paper filed a motion for partial summary judgment on the issue of punitive damages, the case settled before Judge Michael D. Johnson had ruled on that issue. "They didn't want to make bad law," McArthur said of International Paper.

According to McArthur, the company made an early settlement offer of $750,000, and a mediator indicated International Paper would go as high as $2.5 million. McArthur, however, rejected the early settlement offer.

Ohio Supreme Court Ruling Eliminates Jury Discretion

blog@www.jasonschultzpc.com (news Author)4237 — Tue, 12 Feb 2008 08:00:00 EST

WHETHER you're a CEO of a company or a guy who sweeps floors for a living, the Ohio Supreme Court has put its stamp of approval on a law that could have devastating consequences for you if you're seriously injured in an accident.

In a major opinion issued last month, the court showed contempt for its past decisions, disrespect for the Ohio Constitution, and disdain for the men and women who serve on juries.

The court, in a case called Arbino vs. Johnson & Johnson, said for the first time in Ohio history that it's constitutional to disregard the findings of a jury if the jury decides to award more than $250,000 to someone injured in an accident to compensate for the person's pain - even if that pain may last a lifetime.

The court reached this landmark decision despite clear precedent that such a law is unconstitutional. Essentially what the court says this time around is that the Ohio General Assembly really, really, really, really wants to limit damages for insurance companies, so who are we to stand in their way?

Look at what the Ohio Constitution says, then you decide whether what the court has done makes any sense. The relevant part of Article I, Section 5 states, "The right of trial by jury shall be inviolate ..."

In Ohio, the constitutional right to trial by jury has always been interpreted to mean that judges and the government won't be able to invade the jury's fact-finding function.

That's why jurors are there, right? To hear the facts of each individual case and decide what they think is fair. Now, though, jurors can spend days or weeks hearing the facts of a case, reach a difficult decision that the injured person should be awarded a sum to compensate for the pain an accident has caused, only to have that decision gutted by a judge if the sum exceeds $250,000.

How does the right to a trial by jury remain inviolate if a law requires judges to violate the decisions a jury reaches? We should probably now read the constitution to say: The right to a jury shall be inviolate, provided it doesn't cost an insurance company too much money.

Consumer Awarded Damages from Credit Reporting Agency

blog@www.jasonschultzpc.com (news Author)4238 — Tue, 12 Feb 2008 08:00:00 EST

Suzanne Sloane ("Suzanne") and her husband John T. Sloane filed suit against Equifax Information Services, LLC, Trans Union, LLC, Experian Information Solutions, Inc. and CitiFinancial, Inc. after she was the victim of identity theft and the credit reporting agencies failed to correct errors in her credit report. Suzanne settled with all defendants except Equifax. Following a trial, a jury returned a verdict against Equifax and awarded Suzanne $106,000 for economic loss and $245,000 for mental anguish, humiliation and emotional distress. The trial court also awarded her $181,083 for attorney's fees. Equifax appealed.

When Suzanne discovered that she was the victim of identity theft, she notified the credit reporting agencies. For 21 months, Suzanne tried to get Equifax to correct the errors in her credit report, which it failed to do. During that time, Suzanne was repeatedly turned down for credit, or offered extremely poor terms because of her low credit score. She also testified that she suffered emotional distress, physical distress, and a breakdown of her marriage because of the credit problems.

The jury found that Suzanne proved by a preponderance of the evidence that Equifax violated the Fair Credit Reporting Act, 15 U.S.C.A. §1681 et seq., by negligently failing to follow reasonable procedures designed to assure maximum accuracy on her consumer credit report, by negligently failing to conduct a reasonable investigation, by negligently failing to remove false information from her credit report, and by negligently reinserting false information into her credit report.

Arbitration a growing trend in health care

blog@www.jasonschultzpc.com (news Author)4228 — Mon, 11 Feb 2008 08:00:00 EST

Within the space of two weeks late last year, Michael and Hedy Cohen, who happen to be experts on medical errors, each encountered what they saw as a disturbing development in the modern doctor-patient relationship.

They were asked by two groups of suburban doctors to sign away their right to a jury trial in the interest of reducing malpractice costs.

Legal experts say such attempts to channel potentially unhappy patients away from the court system and into arbitration are becoming increasingly common in health care. Agreements to settle future disputes with binding arbitration, in which an appointed individual or small panel decides the case instead of a judge or jury, are now pervasive in contracts involving many other things we buy, including credit cards, cell phones and cars.

Proponents say arbitration is faster, cheaper and fairer than trials, but critics say the secretive system can be weighted against consumers and makes it harder to track complaints or build legal precedents.

Eugene Rosov, who runs two malpractice-insurance companies that advise doctors to use arbitration agreements, said he thought they ultimately would reduce the cost of insurance and defensive medicine - tests ordered primarily to protect against lawsuits. "This agreement is better for doctors and for patients," said Rosov, whose companies have 35 subscribers in New Jersey and Pennsylvania. "The only person it's bad for is the plaintiffs attorneys."

But Temple University law professor Bill Woodward thinks the growth of a private judicial system "is a pretty nasty legal development, I think, and it's just crying out for correction from Congress."

A bill introduced last year by Sen. Russ Feingold (D., Wis.) aims to do that. It would prohibit pre-dispute arbitration clauses involving employment, consumer, franchise and civil rights disputes.

Michael Cohen was handed an arbitration agreement when he visited his longtime primary-care doctor in Bucks County. Cohen said he was not the suing kind, but the thought of being asked to give up his right to sue "stopped me in my tracks."

He said no, and his doctor saw him anyway.

Then Hedy Cohen, who has had a kidney transplant, was mailed a similar form by a group of kidney specialists she planned to see for the first time. The form from Hypertension-Nephrology Associates in Willow Grove insisted on binding arbitration and said she would have to pay the doctors' legal fees if she filed a complaint and lost.

Hedy Cohen said no and was told to find another nephrologist.

That was fine with Cohen, a nurse with a master's degree in health-care administration. "I couldn't have a relationship with this person because they had already set the tone," she said. "We're adversaries before we even know each other."

Jerry Dolchin, the nephrologists' attorney, said the doctors began using the forms at the height of Pennsylvania's malpractice crisis in 2003, when doctors, he said, were being "hit pretty hard by overzealous plaintiffs' lawyers." Since then, he said, "hundreds and hundreds and hundreds" of patients have signed the form.

Ruth Schulze, a North Jersey gynecologist, started asking patients to sign an arbitration agreement last year after she bought malpractice protection from Obstetricians & Gynecologists Risk Retention Group of America Inc., one of Rosov's companies. She gave up obstetrics two years ago after she was told she would have to pay more than $120,000 for insurance.

Schulze said she won each of the three times she was sued, but left the trials disenchanted. "It is not really a trial of your peers," she said. "It's theater."

Her patients have largely embraced the new approach, she said. She will not do surgery on anyone who refuses to sign the form, which limits pain and suffering payments.

For her, the arbitration agreement sets the groundwork for a more trusting doctor-patient relationship. Patients need to understand that bad things happen in spite of doctors' best efforts. "Medicine is not guaranteed perfection," she said.

Steven Barrer, a Montgomery County neurosurgeon, says he thinks he was the first in his area to start using an arbitration agreement around 2003. Barrer wanted to "somehow create malpractice reform for myself since it wasn't coming from the courts and it wasn't coming from the legislature."

He got the idea for an arbitration agreement from his cell phone contract. "I figured if they can do it, why can't I?" he said.

Out of thousands of new patients, only about 10 have refused to sign the form. He does not ask patients with emergencies.

No one knows how many doctors here use such agreements, but the practice does not appear widespread. It is common on the West Coast, and legal experts say it is spreading nationally. Many nursing homes ask residents to sign arbitration agreements, experts said. Golden Living, a national chain that operates 40 nursing homes in Pennsylvania, says about half of its residents agree to arbitration.

$38.5 million to Compensate Boy Born Stricken by Cerebral Palsy

blog@www.jasonschultzpc.com (news Author)4229 — Mon, 11 Feb 2008 08:00:00 EST

A Superior Court jury in Stamford has ordered a city obstetrician to pay $38.5 million to the family of a boy born with cerebral palsy in 2003.

The verdict is believed to be among the largest medical malpractice awards in the state, surpassing a $36.5 million award in 2005 against Hartford Hospital and an obstetrician.

The Stamford jury ruled Friday that Dr. Corinne De Cholnoky should have performed a Caesarean section more quickly during the 2003 delivery of Spencer Oram, whose umbilical cord was impeding blood flow to his brain.

The boy now has cerebral palsy, although his twin sister was born 27 minutes earlier is healthy, said Richard Silver, an attorney for the Oram family. The case was filed almost three years ago.

The family is "incredibly emotionally drained," Silver said.

Lawsuit: tumorous lungs put in lung recipient patient

blog@www.jasonschultzpc.com (news Author)4215 — Fri, 08 Feb 2008 08:00:00 EST

Two years ago, Tony Grier received a pair of diseased lungs during a lung transplant at the Hospital of the University of Pennsylvania. Now, HUP must respond to questions raised in a lawsuit filed by Grier's estate.

Grier, 43, had pulmonary sarcoidosis - a rare disease that in its chronic form thickens lung tissue to the point at which it can no longer transmit oxygen into the bloodstream - and believed he was exchanging his own lungs for those of a healthy 18-year-old.

Instead, Grier received the cancerous lungs of a 31-year-old smoker. He died six months after the operation.

Last October, his mother, Emma Grier, filed a lawsuit against HUP, four of its physicians and Gift of Life - the organ-donor program through which the lungs were allocated to Tony Grier. She is suing each defendant for $750,000 on seven counts, including medical malpractice, wrongful death and common law fraud.

No date has yet been set for a hearing, and all lawyers involved declined to speak about the case or were unavailable for comment.

According to the complaint filed by Emma Grier in December, HUP doctors misrepresented the identity of his lung donor "with the knowledge that the misrepresentations were false when made."

One month after the surgery, Tony Grier began to complain about pain and coughing. His doctors at HUP examined the lungs and found a spot, but did not recognize it as a cancerous tumor.

They treated the spot with antibiotics which, the complaint alleges, "served as a fertilizer for the cancer-filled tumor to grow and spread throughout Mr. Grier's body." By the time the tumor was recognized, the cancer was untreatable, and Tony Grier "continued under great pain and suffering fully aware that he was going to die."

Saul Langsam, an attorney with the Philadelphia medical malpractice firm Silvers, Langsam and Weitzman who is not affiliated with the Grier case, said he has never come across a case like it.

On the basis of the facts presented in Emma Grier's complaint, he said the episode seemed "outrageous." But, Langsam said, "you never see the full picture until the defense files its answer."

Norfolk to Pay $7.5 Million for Brain Injured Boy

blog@www.jasonschultzpc.com (news Author)4198 — Thu, 07 Feb 2008 08:00:00 EST

The city has agreed to pay $7.5 million to settle a lawsuit brought by a woman whose son was hit by a truck driven by a city employee.

The City Council was briefed on the issue during a closed-door meeting Tuesday night. City Attorney Bernard Pishko said the matter has not been resolved and declined further comment. However, two city officials who asked not to be identified said the council agreed to the settlement.

The circuit judge hearing the case must approve any settlement. The case is scheduled to go to trial next week. Council approval isn't necessary because Pishko has the right to settle lawsuits, but he sought approval anyway.

The payout could make the task of balancing the budget more difficult for City Manager Regina V.K. Williams. The city is self-insured and thus pays for settlements from its own funds.

The lawsuit was filed in Norfolk Circuit Court in January 2007 by Renee D. Wilson on behalf of her son, Travis Dalton.

Wilson's lawyer, Jack Drescher, said Dalton was standing in the median on Brambleton Avenue near Posey Lane in December 2006 when he was struck by a city truck driven by city employee Theodore Goodman. Dalton suffered serious brain injuries.

The lawsuit first named Goodman as a defendant. Wilson later added the city.

Dalton, who is 19, now functions at the level of an 11-year-old, Drescher said. He had been on his way to a job interview when he was hit. Now he will never work, according to documents filed by Drescher and his partner, Jeffrey Breit.

Dalton spent three months in the hospital following the wreck and returned frequently for follow-up visits. Doctors had removed a portion of his skull to relieve pressure from swelling in his brain. His medical expenses have exceeded $329,000, Drescher said.

Dalton lives with his mother in Norfolk.

The city had argued that it was not liable because Goodman was traveling between two of its recreational facilities. Governments have some protection from lawsuits because of sovereign immunity.

Ford Explorer Rollover Verdict

blog@www.jasonschultzpc.com (news Author)4192 — Wed, 06 Feb 2008 08:00:00 EST

Ford Motor Co., the second-largest U.S. automaker, must pay $6.5 million to a 41-year-old man left brain-damaged in a 2004 rollover accident involving an Explorer sport-utility vehicle, a Texas jury said.

Ruben Zamora lost control of the 1993 Explorer when a tire lost its tread and was ejected from the vehicle as it rolled over.

His mother, suing on his behalf, said the tread separation set off vibrations in the rear of the vehicle that made it skate sideways because of a defect in the SUV's suspension.

"The tires get to bouncing severely and the back end swings around," causing the driver to lose control of the vehicle, Zamora's attorney, Bill Neumann, said Monday in a phone interview.

"They've known about the problem for years and failed to fix it."

A state court jury in Cotulla, Texas, found the Explorer defective and awarded $10 million on Feb. 1.

The jury found that Zamora was 35 percent responsible for the accident, leaving a verdict of $6.5 million against Ford, Neumann said.

Ford will appeal, a Ford spokeswoman, Marcey Evans, said Monday in a phone interview.

"It is unfair to blame Ford for this tragic accident or for Mr. Zamora's injuries, which were caused by not being belted properly while losing control of his vehicle," Evans said.

"We think the verdict isn't supported by the evidence," Evans said.

The verdict will be further reduced "substantially" because of a prior settlement with a co-defendant, Evans said.

Lifetime care needed for victim

Zamora, a disabled oil field worker before the accident, was injured in August 2004 while driving in south Texas, near San Antonio. Zamora, who sustained severe brain damage, "will need someone to take care of him for the rest of his life," Neumann said.

Evenflo Recalls 1 Million Infant Car Seats

blog@www.jasonschultzpc.com (news Author)4193 — Wed, 06 Feb 2008 08:00:00 EST

Evenflo Co. issued a voluntary safety recall Friday of 1 million Discovery infant car seats after tests showed that the seat could potentially become separated from its base in high-impact side collisions.

The recall affects Discovery Infant Car Seat Models 390, 391, 534 and 552, made between April 2005 and Jan. 29, 2008. Evenflo is providing owners of the seat models a free supplemental dual-hook fastener to ensure that the seat remains attached.

Testing by Evenflo and the National Highway Traffic Safety Administration showed a potential safety risk to children, said NHTSA Administrator Nicole Nason. Rob Matteucci, Evenflo's chief executive officer, said there have been no reports of any serious injuries or deaths.

The privately held company, based in suburban Dayton, said it is not necessary for owners of the car seats to stop using them or return them. To order the fastener, seat owners should call Evenflo at 1-800-356-2229 between 8 a.m. and 5 p.m. EST.

Allstate's Profit Scheme under Fire

blog@www.jasonschultzpc.com (news Author)4092 — Thu, 24 Jan 2008 08:00:00 EST

Allstate is facing contempt charges in Missouri -- with a $25,000-a-day fine -- and now it can't sell new auto policies in Florida, in part, because it wants to protect a report written by a corporate consultant.

Allstate has said those documents -- along with others that Florida regulators are seeking in their investigation into how the company sets insurance rates and pays claims -- are trade secrets. What's so important that Allstate would risk so much?

According to an attorney who has seen the report from consultant McKinsey & Co., it advises Allstate on how to improve profitability: pay less on claims and take a longer time to pay those claims.

'The documents describe, in graphic terms, a scheme devised by Allstate and McKinsey & Co. to essentially turn the business of insurance into a zero-sum game,' said David Bernardinelli, a Santa Fe, N.M., plaintiff attorney involved in a case against Allstate. He says he is the only person outside Allstate to have seen the report.

An Allstate spokesman didn't return a call seeking comment late Wednesday.

In the early 1990s, the corporate consultant advised Allstate to get tough with policyholders. Consumers who didn't accept a settlement offer from Allstate would have to fight in court to get their claims paid.

'This is the new insurance world that was created by McKinsey for a lot of insurers,' Bernardinelli said.

Indeed, McKinsey did work for other companies, including State Farm. This insurer said it hasn't used McKinsey's services for more than a decade, according to a State Farm spokesman.

Florida Accuses Allstate of Ongoing Crime

blog@www.jasonschultzpc.com (news Author)4097 — Thu, 24 Jan 2008 08:00:00 EST

Allstate Insurance Co. and its affiliates are committing "an ongoing crime" by failing to submit all documents the state demanded as part of an investigation of homeowner insurance prices, according to a legal response state officials filed to an appeals court Wednesday.

"There can be no more clearer threat to the safety and welfare of the public than a continuing willful violation of the law," Office of Insurance Regulation officials wrote to the First District Court of Appeal to justify barring 10 Allstate companies from selling new insurance policies in Florida.

Allstate's failure to turn over all the documents led Florida Insurance Commissioner Kevin McCarty to cancel a hearing last week investigating the insurer and to suspend 10 Allstate companies' licenses to do business statewide. He said this action — the first of its kind for his office and the state's boldest move in a long-simmering feud with property insurers — was the only way he could effectively pressure Allstate into providing the records.

The appeals court is expected to decide in the next few days whether the ban should apply temporarily until a judge makes a final decision. To sway the court on the temporary ban, state officials must sufficiently prove that allowing Allstate to sell insurance presents an "immediate threat" to the well-being of Florida residents.

Last week, Allstate appealed to the court with strong language of its own: The Office of Insurance Regulation "has abused its power" by using the ban as a "punitive stick," according to court documents. Allstate claims that regulators failed to give the companies prior notice or a hearing. It says in the appeal that it may try to force the state to pay attorneys' fees.

State officials countered in their court response that Allstate had a chance to provide subpoenaed documents and knowledgeable witnesses at the hearing last week.

"Instead, it became abundantly clear that Allstate's corporate representatives were unaware of what documents, if any, had been produced to the Office, had no reasonable explanation for their failure to make the requested documents freely available, and were otherwise unprepared to answer questions" at the hearing, according to the state's response.

Gov. Charlie Crist said Tuesday that elected officials need to continue holding insurers accountable.

The Allstate companies "snubbed their noses at the people of the state of Florida by gouging them, in my opinion. They snubbed their noses at the administration trying to enforce the new law," Crist told reporters in Tallahassee. "We have to fight for the people against this industry taking advantage of them. ... Some in the industry have been good. But in Allstate's case, they're not good hands, they're bad hands."

Louisiana Attorney General's Office Files Suit Against Insurance Companies

blog@www.jasonschultzpc.com (news Author)4083 — Wed, 23 Jan 2008 08:00:00 EST

Louisiana Attorney General's Office Files Suit Against Insurance Companies

By newsdesk - Posted on January 9th, 2008

Tagged: Allstate • Business • Insurance • Louisiana • Monopolies • Price fixing • State Farm

November 8, 2007: (Baton Rouge, LA) — Louisiana Attorney General Charles C. Foti, Jr. announced today that his office has filed suit against Allstate Insurance Company, Lafayette Insurance Company, Xactware, Inc., Marshall & Swift/Boeckh, LLC, Insurance Services Office, Inc., State Farm Fire and Casualty Company, USAA Casualty Insurance Company, Farmers Insurance Exchange, Standard Fire Insurance Company and McKinsey & Company for alleged violations of the Louisiana Monopolies Act.

The petition, filed in New Orleans Civil District Court, alleges the above companies have participated in an on-going scheme to rig the value of property damage claims paid by insurance companies to their insureds. They allegedly used damage-estimating software programs to engage in horizontal price-fixing as well. The combination allegedly artificially held down property damage claim payouts with the intended goal of increasing the profits of each company involved. When Hurricanes Katrina and Rita struck Louisiana in 2005, virtually all of the property damage insurers were setting premiums and adjusting claims under this alleged scheme.

"This alleged scheme gave insurers an unjust advantage over policy holders, which they used before, during and after one of the greatest disasters this country has ever suffered, by reaping huge profits from the misfortunes of persons whom they pledged to protect from the risk of loss. I believe this unjust advantage resulted in the unjust enrichment of themselves to the detriment of the state, policy holders, and commerce in Louisiana," stated Attorney General Foti. "But to be clear, these abuses were not new to the recent hurricanes." General Foti added.

Source: Louisiana Attorney General

Frivolous Lawsuit Myths

blog@www.jasonschultzpc.com (news Author)3740 — Mon, 26 Nov 2007 08:00:00 EST

Recently one of my oldest and dearest friends, a man whose Harvard Ph.D. doesn't begin to measure his intellect and wisdom, sent out one of those mass e-mails meant to amuse and appall. "OMG! It's even worse than we thought," his message began. It was followed by something called the annual Stella Awards, a list of the year's seven "most outlandish lawsuits and verdicts in the U.S." In last place was the tale of Kathleen Robertson of Austin. A jury decided a furniture store owed her $80,000 for a broken ankle she suffered tripping over a toddler running wild in the store. "The store owners were understandably surprised by the verdict, considering the running toddler was her own son," the e-mail said. Numbers six through two are more ridiculous. Then comes numero uno.

Ground Beef Products Are Subject of Recall After 2 Reports of Illness

blog@www.jasonschultzpc.com (news Author)3741 — Mon, 26 Nov 2007 08:00:00 EST

GREEN BAY, Wis., Nov. 25 (AP) — A company voluntarily recalled nearly 96,000 pounds of ground beef products after two people were sickened, possibly by E. coli bacteria, the Food Safety and Inspection Service of the Department of Agriculture said Saturday. The beef products by the company, American Foods Group of Green Bay, were distributed to retailers and distributors in Indiana, Kentucky, Maryland, Ohio, Tennessee, Virginia and Wisconsin. The problem surfaced after an investigation by the Illinois Department of Health, which was looking into two reports of illnesses. The bacteria type is E. coli O157:H7, which is harbored in the intestines of cattle. Improper butchering and processing can cause the bacteria to get onto meat. Thorough cooking, to at least 160 degrees internal temperature, can destroy it. E. coli O157:H7 is a potentially deadly bacterium that can cause bloody diarrhea and dehydration. The very young, the elderly and people with compromised immune systems are the most susceptible.

Former Allstate Employee Critical of Company Practices

blog@www.jasonschultzpc.com (news Author)3516 — Fri, 05 Oct 2007 08:00:00 EST

Allstate's claims practices sent injury victims to biased doctors and subjected them to intimidating interviews and invasive medical record requests in an effort to bully them into accepting low-ball offers for their pain and suffering, a former Lexington casualty manager testified Thursday. Allstate Insurance Co. overhauled the way it handles claims in 1995. The overhaul created a dehumanizing process that boosted profits but denied soft-tissue injury victims in minor wrecks the compensation they are entitled to, former regional casualty manager Debbie Niemer said.

E. Coli and Ground Beef Recall

blog@www.jasonschultzpc.com (news Author)3508 — Tue, 02 Oct 2007 08:00:00 EST

By TOM HESTER Jr. Associated Press Writer TRENTON, N.J. Sep 30, 2007 (AP) The Topps Meat Co. on Saturday expanded its recall of frozen hamburger patties to include 21.7 million pounds of ground beef that may be contaminated with E. coli bacteria that sickened more than a dozen people in eight states. The recall of products distributed to retail grocery stores and food service institutions in the United States was a drastic increase from the 332,000 pounds recalled Tuesday. The recall represents all Topps products with either a "sell by date" or a "best if used by date" between Sept. 25 this year and Sept. 25, 2008. The Elizabeth-based company said this information is found on a package's back panel. All recalled products also have a USDA establishment number of EST 9748, which is located on the back panel of the package and-or in the USDA legend, the company said. The U.S. Department of Agriculture said Friday it had suspended the grinding of raw products at the Topps plant after inspectors found inadequate safety measures at the Topps plant. The USDA declined to detail the inadequate safety measures. "Because the health and safety of our consumers is our top priority, we are taking these expansive measures," said Geoffrey Livermore, Topps' operations vice president. He said Topps has augmented its procedures with microbiologists and food safety experts. "We sincerely regret any inconvenience and concerns this may cause our consumers," Livermore said. The USDA said three people are confirmed as getting E. Coli from Topps products, with 22 other cases under investigation. Cases were found in Connecticut, Florida, Indiana, Maine, New Jersey, New York, Ohio and Pennsylvania. E. coli causes intestinal illness that generally clears up within a week for adults but can be deadly for the very young, the elderly and people with compromised immune systems. Symptoms can include severe stomach cramps, bloody diarrhea and, in extreme cases, kidney failure. A full list of the recalled products is available at http://www.toppsmeat.com/. Copyright 2007 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Boy hit by falling TV gets $19 million

blog@www.jasonschultzpc.com (news Author)3440 — Tue, 25 Sep 2007 08:00:00 EST

Boy hit by falling TV gets $19 million Archdiocese liable in 4th grader's case By Michael Higgins | Tribune staff reporter September 25, 2007 A Cook County jury awarded $19 million Monday to a 13-year-old boy who suffered severe brain injuries in 2003 when a television fell on him at a private school on Chicago's Northwest Side. Mariano Hernandez was a 9-year-old student at St. Genevieve School, which is run by the Archdiocese of Chicago, when the incident occurred. Mariano's class was preparing to watch a videotape on Oct. 30, 2003, when he tried to help move a 27-inch television bolted high up in a stand on wheels, said the family's lawyer, Stephen Passen of Chicago. "The whole thing came right down on him," Passen said Monday. "It was unstable. ... It should never have been in an environment with kids." Archdiocese officials admitted liability in the case, and there was a two-week trial before a jury and Cook County Circuit Judge Thomas Flanagan to determine damages. "This was an accident," archdiocese spokeswoman Susan Burritt said Monday. "Certainly, the archdiocese has been primarily concerned for the future of this young person." The award included $7.1 million for future expenses, $5 million for "loss of a normal life," $2.4 million for lost earnings, $2 million for disfigurement, $2 million for pain and suffering, and $518,000 for medical expenses. Archdiocese officials had not decided whether to appeal the damage award, Burritt said. Mariano's parents -- Carlos Hernandez and Sandra Yanez -- filed the lawsuit on his behalf in 2003. The money cannot be spent without court approval, Passen said. Mariano was in 4th grade and working at that grade level before he was hurt, Passen said. He said the boy now is in the 8th grade, takes special education classes and works at a 3rd-grade level. Mariano also walks with a limp and has problems using his left arm and hand, Passen said. The suit faulted the school's equipment, not the performance of any teacher, Passen said. ----------

Alleged Defective Cribs - Simplicity sold by Target

blog@www.jasonschultzpc.com (news Author)3441 — Tue, 25 Sep 2007 08:00:00 EST

Lawsuit filed against crib manufacturers By Maurice Possley | Tribune staff reporter September 25, 2007 A Hanover Park woman who purchased a crib from Simplicity Inc. that is part of the largest recall of full-sized cribs ever in the U.S. went to court Monday seeking damages for owners of the cribs. Amber Spitzer, whose 1-year-old daughter, Briana, had been sleeping in a Simplicity crib, said: "My daughter is my life, and I would do anything to protect her and I know that there are millions of parents out there that feel the same way. So if the government won't protect our children, then I will." The class-action lawsuit was filed in Minneapolis against Simplicity as well as Target Corp., the company from whom Spitzer bought the Aspen 4 in 1 crib for her daughter in April 2006. Also named as a defendant was Graco Children's Products Inc., the company that licensed its name to Simplicity for some of the cribs that were recalled. * Hidden hazards: Deadly cribs Despite 55 complaints and three deaths, it took years for the government to warn parents about flawed cribs. What parents should know MODELS RECALLED -Simplicity : Aspen 3 in 1, Aspen 4 in 1, Nursery-in-a-Box, Crib N Changer Combo, Chelsea and Pooh 4 in 1 -Simplicity cribs using the Graco logo: Aspen 3 in 1, Ultra 3 in 1, Ultra 4 in 1, Ultra 5 in 1, Whitney and Trio -Read the government recall notice. WHAT TO LOOK FOR -Check whether the drop rail is installed right side up and is securely attached to the tracks in all four corners. -Check the crib for the recalled hardware, which has a flexible tab at the bottom of the lower tracks and open tops on the lower tracks. -Do not use the crib before new hardware is installed. Until then, experts urge caregivers not to take children to bed with them; use a portable crib instead. TO REQUEST A FIX Simplicity at 888-593-9274 or www.simplicityforchildren.com Representatives for Simplicity and Graco declined to comment because the lawsuit was just filed. Efforts to reach representatives of Target were unsuccessful. On Friday, the federal Consumer Product Safety Commission, prompted by a Tribune investigation, issued a recall of 1 million Simplicity cribs, including the Aspen 4 in 1, that were sold from 1998 until May of this year. Three children died, seven were trapped and there were 55 other incidents—all related to a design flaw and hardware failure involving the separation of the cribs' drop rail from their frame. The recall advises consumers to contact Simplicity for a repair kit. The lawsuit was filed by Charles Kelly, a San Francisco product liability attorney who had represented the family of Liam Johns, a 9-month-old boy who died in April 2005 in Citrus Heights, Calif., in a Simplicity crib. "The recall is grossly inadequate and irresponsible," Kelly said Monday. "Simplicity should be required to tell consumers to dismantle their crib, and return it for a full refund. "A retrofit kit only invites disaster," he said. "Only one retrofit kit needs to be used incorrectly and we could have another death. It was improper assembly ... that caused the three deaths in the first instance." The lawsuit alleges that Simplicity should have warned consumers about the dangers of the cribs or stopped the selling them. "We contend they should have done something after learning of the injuries and particularly after learning of Liam's death," Kelly said. "They did neither." Kelly also said he sent letters to members of Congress asking for hearings into why more than two years elapsed after the first death in one of these cribs before the Consumer Product Safety Commission recall was announced Friday. mpossley@tribune.com Copyright © 2007, Chicago Tribune

Crocs & Escalators Don't Mix

blog@www.jasonschultzpc.com (news Author)3429 — Sat, 22 Sep 2007 08:00:00 EST

Got Crocs? Be Careful on the Escalator By SARAH KARUSH Associated Press Writer WASHINGTON — At rail stations and shopping malls around the world, reports are popping up of people, particularly young children, getting their toes caught in escalators. The one common theme seems to be the clunky soft-soled clogs known by the name of the most popular brand, Crocs. One of the nation's largest subway systems — the Washington Metro — has even posted ads warning riders about wearing such shoes on its moving stairways. The ads feature a photo of a crocodile, though they don't mention Crocs by name. At her home in Vienna, Va., on Friday, Sept. 7, 2007, Jodi McDermott demonstrates how her son's Croc shoe twisted after being caught in an escalator on August 30, 2007. Crocs and other soft-soled shoes, such as flip-flops, can be prone to escalator entrapment. Four-year-old Rory McDermott got a Croc-clad foot caught in an escalator last month at a mall in northern Virginia. His mother managed to yank him free, but the nail on his big toe was almost completely ripped off, causing heavy bleeding. At first, Rory's mother had no idea what caused the boy's foot to get caught. It was only later, when someone at the hospital remarked on Rory's shoes, that she began to suspect the Crocs and did an Internet search. "I came home and typed in 'Croc' and 'escalator,' and all these stories came up," said Jodi McDermott, of Vienna, Va. "If I had known, those would never have been worn." According to reports appearing across the United States and as far away as Singapore and Japan, entrapments occur because of two of the biggest selling points of shoes like Crocs: their flexibility and grip. Some report the shoes get caught in the "teeth" at the bottom or top of the escalator, or in the crack between the steps and the side of the escalator. The reports of serious injuries have all involved young children. Crocs are commonly worn by children as young as 2. The company introduced shoes in its smallest size, 4/5, this past spring. "Thankfully, escalator accidents like the one in Virginia are rare," the company said in a statement. In Japan, the government warned consumers last week that it has received 39 reports of sandals — mostly Crocs or similar products — getting stuck in escalators from late August through early September. Most of the reports appear to have involved small children, some as young as two years old. Kazuo Motoya of Japan's National Institute of Technology and Evaluation said children may have more escalator accidents in part because they "bounce around when they stand on escalators, instead of watching where they place their feet." In Singapore, a 2-year-old girl wearing rubber clogs — it's unclear what brand — had her big toe completely ripped off in an escalator accident last year, according to local media reports. And at the Atlanta airport, a 3-year-old boy wearing Crocs suffered a deep gash across the top of his toes in June. That was one of seven shoe entrapments at the airport since May 1, and all but two of them involved Crocs, said Roy Springer, operations manager for the company that runs the airport terminal. One U.S. retailer that caters to children, Mattel subsidiary American Girl, has posted signs in three locations directing customers wearing Crocs or flip-flop sandals to use elevators instead of escalators. During the past two years, so-called "shoe entrapments" in the Washington subway have gone from being relatively rare to happening four or five times a week in the summer, though none has caused serious injuries, said Dave Lacosse, who oversees the subway's 588 escalators, the most of any U.S. transit system. The U.S. Consumer Product Safety Commission said escalator accidents caused more than 10,000 injuries last year, but the agency has few records of specific shoe problems. Only two shoe entrapments have been reported by consumers since the beginning of 2006. One reported in May involved "rubber footwear." Agency spokesman Ed Kang urged people who have had problems to report them on the commission's Web site. Crocs officials said they were working with the Elevator Escalator Safety Foundation on public education initiatives. But the group's executive director, Barbara Allen, said that's not true. Allen said a Crocs official called her in September 2006 about possible cooperation, even suggesting the company might put a tag in its shoes with the foundation's Web address. But since that first contact, Crocs has not called, and nobody from the company will return Allen's calls, she said. Washington Metro's Lacosse and other escalator experts say the best way to prevent shoe entrapments is to face the direction the stairs are moving, keep feet away from the sides and step over the teeth at the end. Lacosse, of the Washington subway system, said he is personally skittish of Crocs and other soft-soled shoes. "Would I wear them? No," he said. "And I tell my children not to wear them either." ___ Associated Press Writer Carl Freire in Tokyo contributed to this report.

Profit Before Safety & Tort Reform

blog@www.jasonschultzpc.com (news Author)3397 — Tue, 18 Sep 2007 08:00:00 EST

Corporations put profit before safety Clearly, dangerous goods are slipping past the safety standards set up by government agencies. By JAY COOK Published on: 09/18/07 First it was Vioxx. Then it was poisonous pet food. Now it's toxic toys and chemically enhanced popcorn. Last year alone, unsafe products killed more than 8,000 Americans and sent millions more to emergency rooms. But let's not lay the blame on the crippled regulatory agencies or the Chinese. For once, let's lay the blame where it really belongs: on the doorstep of those megacorporations that cut corners and break rules to gain unfair advantage over American businesses, big and small, that don't. Recently, The Wall Street Journal reported that Mattel, which has recalled more than 20 million dangerous toys this summer alone, has delayed reporting product defects because it finds the reporting rules "unreasonable." According to The New York Times, the Consumer Product Safety Commission has fined Mattel twice for such delays since 2001. The commission collects millions of dollars in penalties every year from U.S. companies that import or sell products that violate mandatory safety standards, fail to report potential hazards and fail to report lawsuits and settlements for product-related injuries. And those are just the ones that get caught. Clearly, dangerous goods are slipping past the safety standards set by the many regulatory government agencies that are supposed to be protecting us, including the Food and Drug Administration and the Environmental Protection Agency. Last year, Dr. David Graham, the senior FDA drug safety researcher who blew the whistle on dangers of the pain-killer Vioxx, told the Senate Finance Committee that "the FDA is incapable of protecting America from unsafe drugs or from another Vioxx." Now we're learning that the EPA has been suppressing a report on the possible dangers of a chemical used in microwave popcorn. Copies of the report were provided to popcorn producers last July, but kept secret from the public. But even with potent regulatory enforcement, Americans injured by defective products have only one place to turn for a remedy: our court system. But that, too, is being neutered by the same forces that are muzzling our watchdogs. A multimillion-dollar propaganda machine has convinced many of us (and our elected officials) that tethering our tort system will improve the economy. It may be just the opposite. A briefing paper published last year by the Economic Policy Institute concluded: "The costs of the tort system have been grossly exaggerated, and its supposed impact on job creation, research and development, productivity, and profits has been exaggerated or simply invented. With respect to job creation in particular, significant tort law change would be more likely to slow employment growth than to promote it." But the so-called "tort reform" movement marches on in perfect step with government deregulation. We've watched state after state weaken the ability of citizens to seek redress in the courts. Access to justice for "the little guy" is the real target of these "reforms"— not the "problems" they've trumped up to trick us into giving them what they really want: damage controls that take the teeth out of our juries and the bite out of compensating the victims of their corner-cutting. Tort law is a small but important facet of our civil justice system. We call it a tort when somebody acts unreasonably and harms another person's body, property, legal rights or reputation. You can't call the police when somebody commits a tort, but you can file a suit in the civil courts to seek an appropriate legal remedy. The rules of our tort system are roughly the same common-sense principles we all learned as kids: Everybody should play fair. The one who broke the rules of fair play should pay for the damage they caused. Our Founding Fathers understood that we needed these systems in place to make us safe and regulate the practices of fair play. Let's cut to the chase: There's nothing wrong with making an honest buck. America was built on hard work and free enterprise. There's nothing wrong with wanting higher profits. The American Dream still lives or dies in the profit margin. But there is something wrong when profit-making turns into corner-cutting that puts public safety in peril. And there is definitely something wrong when some conscienceless megacorporations engage in "remedy rigging": gaming the system so that even when they cheat and get caught, they get no more than a gentle slap on the hand.

Overweight Trucks

blog@www.jasonschultzpc.com (news Author)3370 — Wed, 12 Sep 2007 08:00:00 EST

By April Castro ASSOCIATED PRESS Tuesday, September 11, 2007 More than a half-million overweight trucks are allowed onto the nation's roads and bridges, an increasingly routine practice that some officials say is putting dangerous wear and tear on an already groaning infrastructure. Some experts warned that the practice of issuing state permits that allow trucks to exceed the usual weight limits can weaken steel and concrete, something that investigators say might have contributed to the Minneapolis bridge collapse Aug. 1 that killed 13 people. "We talk about this all the time, and the fear that we have is that we're going to have the same sort of disaster here that happened in Minnesota," said Don Lee, executive director of the Texas Conference of Urban Counties. The weight limit for nearly all interstate highways is 40 tons. According to a government study, one 40-ton truck does as much damage to the road as 9,600 cars. But permits frequently allow vehicles to exceed that amount by 2 tons in Texas and sometimes by as much as 85 tons in Nevada. Some states grant one-time permits that allow trucks to be considerably heavier. Around the country, many transportation officials dismiss such fears as overblown and say roads and bridges are safe, though some express concern that not enough money is being spent to repair the damage done by the extra-heavy trucks. As for why they issue overweight-load permits, many state officials said they have no choice because they are simply carrying out the laws passed by their legislatures. Critics of those laws say they are often written to benefit powerful local industries, such as logging in the West or oil and gas in Texas. In the vast majority of cases, a single truck can safely pass over a sound bridge, even if the rig is way over the posted weight limit. But the cumulative effect of stress on the steel and concrete can eventually prove deadly. In 2000, Milwaukee's Hoan Bridge collapsed when steel girders cracked. Several factors were blamed for the collapse, including a significant number of heavy trucks, some over the normal weight limit, that routinely traveled over the bridge. Many states charge fees ranging from $12 to $1,000 for overweight-load permits, depending on the weight of the load. Those fees are supposed to offset the damage done to the highways. Texas granted nearly 39,000 such permits in the past year, generating $7.5 million, most of which was divided among the state's 254 counties for road maintenance. "That in no way even comes close to covering the wear and tear on our roads and bridges in this state," said Chris Lippincott, a spokesman for the Texas Department of Transportation. Darrin Roth, director of highway operations at the American Trucking Association, said it is not fair to put all the blame on trucks because permit loads are a tiny proportion of total traffic.

Why Lead Paint in Toys? It's Cheaper.

blog@www.jasonschultzpc.com (news Author)3371 — Wed, 12 Sep 2007 08:00:00 EST

SHANGHAI, Sept. 7 — When Mattel, the world's largest toy maker, announced its third recall in six weeks this month, the company asked consumers to return toys because they contained dangerously high levels of lead paint. Toxic paint also turned up in several other products Mattel recalled in recent weeks, and in about 16 other recalls this year, including the popular Thomas & Friends train sets, according to the United States Consumer Product Safety Commission. All the products were made in China. Why is lead paint — or lead, for that matter — turning up in so many recalls involving Chinese-made goods? The simplest answer, experts and toy companies in China say, is price. Paint with higher levels of lead often sells for a third of the cost of paint with low levels. So Chinese factory owners, trying to eke out profits in an intensely competitive and poorly regulated market, sometimes cut corners and use the cheaper leaded paint. On the books, China's paint standards are stricter than those in the United States, requiring that paint intended for household or consumer-product use contain no more than 90 parts of lead per million. By comparison, American regulations allow up to 600 parts per million. The regulations are supposed to safeguard health, particularly in cases involving children, where ingesting excessive amounts of lead has been linked to disorders including mental retardation and behavioral problems. But enforcement of the regulations in China is lax. "The standard doesn't matter," said Scott Clark, a professor of environmental health at the University of Cincinnati. "Remember, in the Soviet Union during the cold war, they had very high standards on the books, but they never enforced them. It was just for show." Dr. Clark and a team of investigators sampled paint supplies in Shanghai and other parts of China in recent years, and in some 26 percent of the cases, they said, the paint met neither American nor Chinese standards. Even goods at high-end shopping malls in Shanghai contained unacceptable levels of lead. But Mr. Clark said that China was not alone in producing such tainted goods. "We also looked at India, Malaysia and Singapore," he said, "and only Singapore met the requirements." The General Administration of Quality Supervision, Inspection and Quarantine in China — which has some oversight authority over paint regulation — did not respond to questions about the prevalence of lead paint and about the inspection regimen. But some Chinese toy makers were more forthcoming. They acknowledged that they use paint with high levels of lead; others said they knew of other companies that did — sometimes because lead paint is cheaper, sometimes because it is easier to apply to hard surfaces and to produce richer color. Ms. Zhang, a sales manager at Big Tree Toys, a company in Shantou in southern China, who did not want her first name used, said leaded paint was about 30 percent cheaper than paint without lead. She noted that some countries, in the Middle East, for instance, did not restrict lead content. But Ms. Zhang insisted that if her company used leaded paint, it disclosed that. "It depends on the client's requirement," she said. "If the prices they offer make it impossible to use lead-free paint, we'll tell them that we might have to use leaded paint. If they agree, we'll use leaded paint. It totally depends on what the clients want." Chen Tao, sales manager at the Chenghai Guangxin Plastic Toys Factory, also in Shantou, said his plant did not use lead paint at all. But he added that Chinese regulators were essentially absent. "There is a national standard on the lead level in toys," he said. "But no one really enforces it. Factories can pick whatever paint they want." Another problem is the abundant supply of industrial paint in China, used on buildings, bridges and cars as well as sidewalks and other outdoor surfaces. Several paint companies said the government had no formal standard on lead in industrial paint. As a result, a lot of cheap industrial paint may be finding its way into toy factories and even households. While the United States still allows paint with higher levels of lead to be used outdoors and in many industrial settings, paint with high lead content is slowly being phased out of even industrial use, experts say, partly because it can pose dangers to work crews who apply or remove it. Lead paint is not the only problem in China. Lead is increasingly turning up in children's jewelry, for instance.

Ruling Provides Access to Information on Doctors

blog@www.jasonschultzpc.com (news Author)3320 — Fri, 31 Aug 2007 08:00:00 EST

Ruling may unlock key data on doctors template_bas template_bas An order to release Medicare files might help patients choose physicians. Medical experts say the records don't tell the whole story. By Ricardo Alonso-Zaldivar, Los Angeles Times Staff Writer August 30, 2007 WASHINGTON -- Whether it's a hernia repair or heart bypass, doctors with a lot of experience performing a given operation tend to have better results. The problem for patients in choosing a physician has been finding out which ones have the know-how. Now a court ruling appears to open the way for consumer access to such information for the first time, potentially transforming the relationship between doctors and patients, as well as the business of healthcare. In a little-noticed decision last week, a federal judge in Washington, D.C., ruled in favor of a consumer group that sued the Health and Human Services Department to allow disclosure of specific data about doctors from the Medicare claims database. U.S. District Judge Emmet G. Sullivan concluded that releasing the data would be "a significant public benefit," and ordered the department to turn it over by Sept. 21. With information on more than 40 million patients and 700,000 doctors, the Medicare database is far richer than any private insurer's. Though it does not have information on some doctors, such as pediatricians, who don't treat Medicare patients, it is considered the mother lode for data on those who treat adults, because Medicare recipients are a mainstay of most practices. The database's usefulness has been limited by a decades-old government policy that protects the privacy of doctors, who fear the information could be used to micromanage the practice of medicine. But as the cost of medical care has skyrocketed, employers, insurers and consumer groups have pressured the government to open up Medicare's files on individual doctors. Those files could reveal far more than how many times a year a surgeon performs a hip replacement operation. The data could also be analyzed to determine how a doctor makes crucial decisions on tests and procedures that determine both quality and costs. They would show which doctors fail to order prudent preventive tests. And they could indicate which ones order duplicative tests or unnecessary hospitalizations. "These data will make it possible to develop measures that will be very helpful to consumers," said Robert Krughoff, president of Consumers' Checkbook, the nonprofit group that sued for the information. "Someone who is thinking they need a knee replacement -- or a prostatectomy -- will be able to go on our website and see how many of these procedures their physician has done for Medicare patients," he added. His organization -- which compiles ratings of a wide range of service providers -- sells its information to individual subscribers. But Krughoff said it intended to make the Medicare data available free of charge. The lawsuit did not seek any identifying information on patients. Some business groups said the ruling could be a turning point in the quest for the elusive balance between costs and quality, setting a precedent for the release of more detailed data. "We're very excited that the court has ruled in this direction," said Helen Darling, president of the National Business Group on Health, which represents big companies. "Large employers have been trying to make information available on performance to consumers and to those who make purchasing decisions on which providers might be in a preferred network." The Department of Health and Human Services has not decided whether to appeal the ruling. "We're in the process of reviewing the court's decision and evaluating our response," spokeswoman Christina Pearson said. An appeal could be politically embarrassing for the administration, because President Bush and Health and Human Services Secretary Mike Leavitt have both campaigned for greater openness and consumer empowerment in healthcare. "Not supporting this ruling would certainly be inconsistent with administration initiatives that favor price and quality transparency in healthcare," said Paul Ginsburg, president of the Center for Studying Health System Change, a research group. "This represents transparency on the quality side." Moreover, support for opening up the Medicare database is building in Congress. Two unlikely allies, Sen. Hillary Rodham Clinton (D-N.Y.) and Sen. Judd Gregg (R-N.H.), a conservative budget hawk, introduced legislation in June to make the data available to research organizations around the country. Under current policies, researchers who use Medicare information cannot identify individual doctors. In the past, the American Medical Assn. has voiced strong reservations about releasing the Medicare files. Spokeswoman Katherine Hatwell said the organization was closely reviewing the ruling and its implications. Doctors are worried that Medicare files do not account for the severity of the cases that individual physicians may handle. Medicare files might show a higher-than-average number of patient deaths for a particular doctor's office. But that could be because the physician takes on the sickest patients. As for the issue of how frequently doctors perform a given medical procedure, they point out there's a first time for every physician. "Physicians are concerned that they will look bad, not because of their own shortcomings, but because their patients are difficult," Ginsburg said. "There are issues about using this type of information responsibly, and not using it unless you can do some significant adjustment for the difference in patients." Krughoff acknowledges that such issues will have to be resolved as the use of the Medicare data becomes more sophisticated. In the lawsuit, Consumers' Checkbook sought access to data on procedures performed by doctors in Washington, D.C., Illinois, Maryland, Virginia and Washington state. But Krughoff said the group has filed a Freedom of Information Act request for the same information from the remaining states. "I think there's no question but that the judge's decision settles the matter," he said. "They'll have to give us all 50 states." He estimated it would take a month or two after receiving the information to post it online.

Pattern of Greed

blog@www.jasonschultzpc.com (news Author)3269 — Tue, 28 Aug 2007 08:00:00 EST