Georgia Injury Lawyer Blog

Since our Atlanta, Georgia personal injury lawyers represent the most seriously injured survivor of the Bluffton University bus accident in March 2007, we have written previously why it is an outrage that seat belts are not required on buses in the United States.

Many of the serious injuries and deaths in the Bluffton rollover crash occurred because the bus had no seat belts--and thus passengers were ejected onto the roadway.

Tonight we were saddened to learn that this preventable tragedy has been repeated--once again. A bus travelling near Hoover Dam in Arizona rolled over, passengers apparently ejected onto the roadway, and seven passengers died.

News reports indicate that the bus was heading north on Highway 93 (a four-lane highway), veered right, and then overcorrected. The bus then apparently crossed the median and rolled over at least once.

The victims were Chinese citizens who had traveled from San Francisco to Las Vegas. When the crash occurred, they were returning from a trip to the Grand Canyon.

It is a "no brainer" that seat belts save lives. Most Americans are amazed that buses and motorcoaches are not required to have seat belts for passengers to use. When a bus wrecks, passengers can often be thrown around inside the bus and even ejected, and death or serious personal injury is a near certainty.

We hope the new administration in Washington puts a stop to this recurring tragedy by mandating that buses have seat belts. Ohterwise, the senseless deaths and horrific injuries will continue.

Continue reading "Bus Accident Near Hoover Dam Kills Seven--And Follows Atlanta, Georgia Bluffton University Crash As Another Example of Why Seat Belts on Motorcoaches Can Prevent Deaths and Serious Personal Injuries" »

In addition to representing victims of trucking accidents and automobile accidents, Finch McCranie, LLP also represents victims of nursing home abuse and nursing home neglect. including patients who have sustained decubitus ulcers (bed sores), falls and brutality in nursing homes.
In one case we handled, our client who suffered from Alzheimers Disease was actually struck in the face by one of the caseworkers. When struck the client fell, breaking her hip. She underwent surgery to repair the hip; however, the trauma of the surgery led to her death. Our investigation revealed the “qualified” care giver on the Alzheimers ward, had actually been a kitchen worker just months before she assaulted our elderly client.
While it is important for families to always visit a nursing home before their loved one is admitted and to continue to monitor care once an admissions takes place, some further information can now be obtained from a new system that rates nursing home care across the country. A five-star rating system has been established by the Centers for Medicare and Medicaid Services. This federal agency oversees the quality of care in the nation’s nursing homes. You can access the nursing home ratings by clicking here.
If a loved one has been the victim of nursing home abuse or nursing home neglect call the injury lawyers at Finch McCranie, LLP (800) 228-9159 for a free consultation.

The lawyers at Finch McCranie, LLP have seen many different types of injuries result from being in various nursing homes. Some injuries are the result of being assaulted by nursing home staff or other patients and others are the result of nursing home neglect. Recently the family of a man who died four years ago at a Georgia nursing home was awarded $1.25 million after the jury found that the nursing home’s neglect was responsible for his wrongful death. Tucker Nursing Center allegedly provided inadequate care to the man when he was admitted in 2002. Nine months later, he had to be hospitalized for a bed sore that infected his left buttock to the bone, according to his attorney, and ultimately put him in a death spiral. He died in June of 2004.

Elderly people are entitled to basic safety, respect and dignity. If you are someone you love is a victim of elder abuse or nursing home abuse, you have the right to hold the abuser responsible in Court. Finch McCranie, LLP has represented injured Georgians in nursing home law suits and other personal injury suits for over 40 years. For a free consultation, call our Atlanta Office today at 1-800-228-9159.

The personal injury law firm of Finch McCranie, LLP has been representing victims of truck accidents and automobile accidents for over 40 years. We do not advertise on television and have no intention of doing so. Unseemly television advertising has damaged the public image of the law profession. One Georgia senator is trying to do something about it; however, in its present form, it is not likely to pass.

Senator Seth Harp, a practicing Georgia attorney, has introduced a bill in Georgia Senate that proposes to regulate television advertising by attorneys. The Bill, known as Senate Bill 41, or SB41, proposes a new Georgia Statute, OCGA § 15-19-55.1.

The new statute would regulate legal television advertising in Georgia by requiring that the real attorney(s), not actors, appear in the advertisements, require the television advertisement state the city in which the attorney practices in bold type, require television attorneys to “personally consult,” with their clients, require the television attorneys to actually sign the pleadings, and allow a client to declare a settlement void if certain new television advertisement certifications are not signed by both the television attorney and client at the time of settlement. There are other additional provisions.

Although well intentioned, it is doubtful for a number of legal reasons that this bill will ever pass and even if it did, it would be difficult to enforce. The injury lawyers at Finch McCranie, LLP, we will continue to get cases “the old fashion way” - by doing a professional job for our clients.

We have blogged before about the importance of uninsured/underinsured motorist coverage. Because of the economic problems being currently experienced by our Country, such coverage is probably now more important than ever. Many people who are experiencing economic problems are cutting back on expenses. Some people are driving with no insurance. When insurance premiums and bills are received they are ignored. In short, people are taking their chances that they won’t be in an accident while driving without insurance. Those who are violating the law in this regard are really taking no chance at all. While they may be charged with driving without insurance, if they inflict serious injury and/or death on someone due to their negligence, the question arises as who is really bearing the risk of such misconduct. The answer is simple: Innocent members of the public.

The only way that an innocent member of the public can protect themselves against an uninsured driver is to purchase uninsured/underinsured insurance coverage. Such coverage will provide a safety net for the innocent victim of the negligent acts of an uninsured driver. If a driver, who is operating without insurance, runs a stop sign, a red light, crosses the centerline or otherwise is responsible for a serious collision which results in serious personal injuries and/or death, because such a driver has no insurance, the only way the innocent victim of such negligence can be compensated is if he or she was wise enough to take advantage of the availability of uninsured motorist coverage.

Uninsured motorist coverage protects everyone from the negligent acts of third parties and particularly those who are financially irresponsible. In today’s tough economic times, more and more people are acting financially irresponsible particularly when it comes to their duties to the public. Selfishness has always been a problem in human affairs and it is astounding that so many people are able to rationalize that they can violate the law particularly when they are exposing others to tremendous risks should they be involved in a collision.

We would urge all of our clients to review their insurance policies to make sure that they have uninsured and/or underinsured motor vehicle coverage as a part of their policy. This coverage is usually more affordable than is liability insurance coverage and in today’s economic times should be considered mandatory by virtually everyone. If you have a question about how such coverage works should you be involved in a collision with an uninsured driver, call one of our attorneys at 1-800-228-9159. Call your agent beforehand. It is better to have such coverage and not need it than to need it and not have it.

Our Georgia injury lawyers know that food poisoning cases can result in serious injury, and sometimes death. Just this week, federal officials announced that two Georgia citizens have been poisoned by salmonella found in peanut products and they warned consumers of dangers associated with more than 125 products recalled as part of a nationwide salmonella-and-peanuts Investigation. The Food and Drug Administration said products affected by the recall range from ice cream to pet foods. A list of recalled peanut products is available on the FDA website. The FDA’s investigation has revealed the common denominator among the cases is that all the products contained peanut paste or peanut butter made at a plant in Blakely, Georgia. At least 486 people in more than 40 states have gotten sick since the outbreak began in the fall. Six people have died.

If you or a loved one have been poisoned as a result of adulterated food products, call the product liability attorneys at Finch McCranie, LLP for a consultation.

Georgia injury lawyers are acutely aware of the so-called “tort reform” changes in the law which has limited and in some cases eliminated the rights of victims of medical malpractice. Unfortunately, most Georgia citizens are unaware that since 2005, emergency rooms have been a place where there is no liability for injuries caused by careless healthcare providers. Current Georgia law makes it virtually impossible for an injured patient to seek accountability in the Courts because it requires an injured victim to show by “clear and convincing evidence” that the medical provider acted with “gross negligence”. For three (3) years, some lawmakers from both parties have attempted to pass a Bill that would do away with the “gross negligence” and allow patients with severe cases to go to court. Lets hope that this will be the year that victims of emergency room medical malpractice will have their rights restored.

If you or a loved one have been injured as a result of medical malpractice, call the injury attorneys at Finch McCranie, LLP at (800) 228-9159 to learn about your rights.

Like most Georgia injury lawyers, we are seeing more and more dangerous drug cases being dismissed because of the doctrine of federal preemption. An example of this came to our attention recently. A Kentucky man developed a drug-induced neurological disease after using a gastric reflex drug for years. He filed a lawsuit asserting state law products liability, negligence and breach of warranty claims against both the brand manufacturer and the generic manufacturers of the drug, claiming that it caused him to develop the disease. He alleged the makers of the drug failed to warn him of the long-term side effects of taking it. The drug manufacturers filed a motion to dismiss on the basis of federal preemption. They argued that under federal law, drug labeling is approved by the FDA, and manufacturers cannot unilaterally alter the labeling; thus, stricter requirements by virtue of state common or statutory law would be in conflict with federal requirements. The plaintiff contended that the manufacturers knew or should have known of the adverse affects of the drug and could have proposed a label change to the FDA. He also contended that preemption of his claims would encourage manufacturers to suppress warnings of adverse side effects. Unfortunately, the Court noted that under the Food, Drug and Cosmetic Act, generic approval requires the manufacturer to use labeling already approved for the listed version of the drug. Congress presumably considered the type of arguments advanced as to reasons for not applying preemption, but maintained the same-label requirement. The Court held that permitting state law claims to second guess FDA approved labeling would conflict with federal law and it granted the generic drug manufacturers’ motion to dismiss.

Under the Bush administration, much headway was made by the drug companies, their lobbyist and conservative, big business politicians to effect this type of “back door tort reform”. Lets hope under the new administration, things will change and the innocent consumer will be able to take advantage of the broader protection afforded under most state law.

We read last week about another tragic ending to a police chase case in Atlanta on January 15, 2009. Unlike many other such matters where the death is not worth it from a societal standpoint, this case appears to be an example where the dangers to the public caused by the police chase were warranted under the unique circumstances involved.

Apparently, the police were chasing two men in connection with armed robberies which had occurred near Roswell, Georgia. In one of these robberies, the perpetrators had pistol whipped one of the victims. The other armed robbery also involved aggravated assault. Thus, on this particular occasion, the police were chasing dangerous felons in possession of firearms. Unfortunately, during the chase, the suspects’ car overturned and a juvenile in the backseat was killed. It is not known whether the juvenile was involved in the robberies or was simply in the vehicle by happenstance or through relation to one of the suspects.

In many cases, the dangers to the public presented by a police chase case outweigh the need to apprehend the suspect. It makes little or no sense to pursue a suspect at high speeds in urban areas for a missing taillight or minor traffic offense. When the police are chasing a minor offender when they could inflict serious injury or death on an innocent member of the motoring public, it is hard to justify a dangerous chase. In this case, however, the police were trying to apprehend dangerous felons in possession of firearms who had terrorized other members of the public. In this situation, the police were fully authorized under proper police procedure to attempt to apprehend these suspects notwithstanding the dangers to the public caused by the chase. This, of course, is far different from the cases we have been involved in where we are representing innocent victims killed during a chase where the police are chasing the perpetrators for non-violent minor offenses. In the latter case where the chase itself is much more dangerous to the public than in the suspect being chased, the chase can hardly be justified. In this tragic occurrence which occurred here in Atlanta on January 15, 2009, it appears from the public accounts of this incident that the police were observing proper police procedure and that they were fully justified in attempting to apprehend these dangerous felons. We have no problem whatsoever with such activity because it is in compliance with proper police procedure. Indeed, one of the reasons that we continue to monitor these police chase cases is to stand up for the right of the law enforcement community to engage in police chases where the need to apprehend is great and the need to expose the public to the dangers of the chase is fully justified by the aggravated circumstances involved.

Continue reading "Atlanta Police Chase Results In Death" »

The injury lawyers in our firm have seen over the years that bicycle-car accidents can have serious consequences for the cyclist and often involve death or, at a minimum serious personal injury. A recent verdict demonstrates the kind of traumatic injuries that can occur in a bicycle-car collision. In that case, a jury returned a $1.8 million verdict in a personal injury case brought by a college student. She was seriously injured in 2005 when she was struck by 2 vehicles at an intersection near her campus. The injuries she sustained led to her having several surgeries and the partial amputation of her left leg.

The Finch McCranie, LLC firm in Atlanta, Georgia believes cyclists have the right to hold negligent drivers responsible for the harm they cause. If you have been hurt in a bike-car collision, you should contact a Georgia bike accident injury attorney at Finch McCranie, LLP. We have helped Georgia accident victims with the compensation they deserve since 1965, and we are committed to providing personalized service. For a free consultation, call us at 1-800-228-9159.

At least every week the Atlanta media carries a story concerning a wreck in which alcohol and drunk driving are a factor. The lawyers at Finch McCranie LLP see entirely too many cases in which alcohol or drunk driving cause serious injuries and death. The National Highway Traffic Safety Administration, NHTSA, recently released data concerning alcohol impaired driving for the year 2007. This is the latest year in which the data has been collected and analyzed. The figures are frightening.

Drivers are considered to be alcohol-impaired when their blood alcohol concentration (BAC) is .08 grams per deciliter (g/dL) or higher. Thus, any fatality occurring in a crash involving a driver with a BAC of .08 or higher is considered to be an alcohol-impaired-driving fatality. In the NHTSA study the term driver included motorcycle operators as well as car and truck drivers.

In 2007, 12,998 people were killed in alcohol-impaired-driving crashes. These alcohol-impaired-driving fatalities accounted for 32 percent of the total motor vehicle traffic fatalities in the United States.

While these numbers are entirely too high, traffic fatalities in alcohol-impaired-driving wrecks decreased nearly 4 percent from 13,491 in 2006 to 12,998 in 2007. The 12,998 fatalities in alcohol-impaired-driving crashes during 2007 represent an average of one alcohol-impaired-driving fatality every 40 minutes.

In 2007, all 50 States, the District of Columbia, and Puerto Rico had by law created a
threshold making it illegal per se to drive with a BAC of .08 or higher. Of the 12,998
people who died in alcohol-impaired-driving crashes in 2007, 8,644 (67%) were
drivers with a BAC of .08 or higher. The remaining fatalities consisted of 3,581 (28%)
motor vehicle passengers and 773 (6%) pedestrians.

In 2007, a total of 1,670 children age 14 and younger were killed in motor vehicle
traffic crashes. Of those 1,670 fatalities, 245 (15%) occurred in alcohol-impaired driving
crashes. Out of those 245 deaths, more than half (130) were occupants of a
vehicle with a driver who had a BAC level of .08 or higher. Another 29 children age 14 and younger who were killed in traffic crashes in 2007 were pedestrians or cyclists who were struck by drivers with a BAC of .08 or higher.

The rate of alcohol impairment among drivers involved in fatal crashes was four
times higher at night than during the day (36% versus 9%).
In 2007, 15 percent of all drivers involved in fatal crashes during the week were
alcohol-impaired, compared to 31 percent on weekends.

In fatal crashes in 2007 the highest percentage of drivers with a BAC level of .08 or
higher was for drivers ages 21 to 24 (35%), followed by ages 25 to 34 (29%) and 35
to 44 (25%). The percentages of drivers involved in fatal crashes with a BAC level of .08 or
higher in 2007 were 27 percent for motorcycle operators and 23 percent for both
light trucks and passenger cars. The percentage of drivers with BAC levels of .08 or
higher in fatal crashes was the lowest for large trucks (1%). In 2007, 7,058 passenger vehicle drivers killed had a BAC of .08 or higher. Out of those 7,058 driver fatalities, for which restraint use was known, 73 percent were unrestrained.

Drivers with a BAC of .08 or higher involved in fatal crashes were eight times
more likely to have a prior conviction for driving while impaired (DWI) than were
drivers with no alcohol related prior convictions.

Continue reading "Drunk Driving Statistics Released" »

As Georgia personal injury lawyers we have represented many people who have died or sustained serious injuries as a result of falling. Many of them are senior citizens and many of the accidents are a result of dangerous conditions caused by the negligence of stores, restaurants and other businesses. Although the elderly most fear breaking a hip when they fall, 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. The study 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.

The attorneys at Finch McCranie, LLP have been standing up for the rights of injured victims for over 40 years. If you or a loved one has fallen and been injured as a result of the negligence of a store or other business, call us at (800) 228-9159.

The Atlanta based lawyers with Finch McCranie LLP frequently receive calls about children injured by products specifically designed for their use. Last Thursday, the U.S. Consumer Product Safety Commission, CPSC, recalled 200,000 potentially deadly Fisher-Price's Rainforest play yards.

Approximately 1,350 people had complained to the CPSC that one or both sides of the Rainforest play yard had collapsed. There were numerous reported injuries that included a broken nose, a mild concussion and a broken wrist. The play yards are often used as portable cribs and have a bassinet attachment. When the rails collapse, babies can fall out, get trapped or gain access to unsafe areas.

The play yards were made by Simplicity Inc., under a licensing agreement with Fisher Price and were sold in the Atlanta area and elsewhere. Simplicity, which is now out of business, made its own branded play yards, some of which are still on the market. The CPSC is investigating whether those shared the same dangerous design.

There are reports that the CPSC knew rails on the Rainforest play yards were collapsing early last year, but officials decided not to issue the recall. The CPSC apparently reconsidered when it was flooded with complaints late last year.

At least 18 children have died in other brands of play yards when the railings collapsed into a V-shape that strangled or trapped them.

Fisher-Price agreed to send consumers a $100 refund after they send the company the fabric sides to prevent further use.

Continue reading "Atlanta Consumers Affected By Recall of Play Yards" »

The current salmonella outbreak has a Georgia connection. The Food and Drug Administration announced yesterday that peanut butter and peanut paste made from ground roasted peanuts, manufactured in Peanut Corp.'s Blakely, Georgia, plant were found to contain the bacteria.
The FDA is advising consumers to not eat foods that contain peanut butter until they can be they are sure they do not contain salmonella contaminated products manufactured by the Peanut Corp. of America.

To date six deaths may have been connected to this salmonella outbreak, and over 500 people have been reported ill from salmonella.

The FDA does not have the authority to order a recall of products. It has to rely on companies doing so voluntarily. Congress would have to pass a law to give the FDA such power.
On Friday, Peanut Corp. announced an expanded recall of peanut butter and peanut paste produced from its Georgia plant. Peanut Corp. doesn't directly supply to supermarkets, so brand-name peanut butters are not expected to be affected. Instead, Peanut Corp. sells produce in bulk. The peanut paste is used in the manufacturing of cakes, candies, crackers, cookies and ice cream.

A list of recalled products can be found at the FDA website at:
http://www.fda.gov/oc/opacom/hottopics/salmonellatyph.html#recalls

The FDA is urging companies that make these foods to check whether they use peanut butter or paste produced by the company. The recalled peanut butter was manufactured on or after August 8, 2008 and the peanut paste was produced on or after September 26, 2008.

The Governor of Georgia has proposed legislation endorsing a system that the Government Accountability Office (GAO) castigated in a report issued yesterday. The GAO concluded that almost twenty years after Congress directed that all high-tech medical devices be subjected to a thorough review by the Food and Drug Administration (FDA), before being placed on the market, the FDA still approves most such devices after minimal testing.

This report is especially timely since the Bush administration has long argued that FDA testing and approval shields the drug and medical device manufacturers from civil liability. The Governor of Georgia has just proposed legislation which would give similar protections to these drug and device makers under Georgia law.

The GAO report shows that the system is “fixed” to provide manufacturers speedy approval so that dangerous medical devices can be placed on the market with no recourse for innocent persons maimed or killed by the products.

In the report, the GAO recommended that the FDA. fulfill promises it made 14 years ago to fix its system for approving complex medical devices. The report was mandated by Congress in legislation passed in 2007 to reform the FD.A..

It also comes at a time when scientific reviewers within the FDA have disclosed that most medical devices are given quick approvals with minimal testing because manufacturers tell the FDA. that the products operate just like older, already-approved devices. These scientists have written letters to both Congress and President-elect Barack Obama seeking significant changes at the FDA. Investigations into their claims are ongoing both at the FDA and in Congress.

The Consumer Product Safety Commission announced that about 535,000 Stork Craft Baby Cribs have been recalled. These cribs pose an entrapment and suffocation risk. The CPSC has instructed customers to stop using the products immediately.

The cribs were made by Stork Craft Manufacturing Inc. and were manufactured and sold between May 2000 and November 2008. They came in a variety of styles and finishes.
The metal support brackets holding the mattress and mattress board in place can break, causing a dangerous gap between the mattress and crib rails.

The CPSC has received 10 reports in which one or more of the supports broke. In one of those reports, a toddler received bruises on his forehead, and in another a child became stuck in the gap.

The Stork Craft cribs were sold between May 2000 and January 2009 at major retailers, including those in Georgia and Atlanta, such as J.C. Penney, Kmart and Walmart, and online at Amazon.com, Babiesrus.com, Costco.com and Walmart.com, the CPSC said. Each one retailed for between $100 and $400.

Stork Craft Manufacturing's name, address, and contact information, along with the manufacturing information, are located on the assembly instruction sheet, which is attached to the mattress support board. Each crib was built in Canada, China or Indonesia between May 2000 and November 2008. Some models are also inscribed with the company's logo and the words "storkcraft baby" on the drop side teething rail, according to the recall notice.

Anyone having one of these cribs should stop using it immediately.

Continue reading "Dangerous Cribs Sold in Georgia Recalled" »

Eli Lilly, the drug company, according to a report in the New York times, is expected to agree as soon as Thursday to pay $1.4 billion to settle criminal and civil charges that it illegally marketed its antipsychotic drug Zyprexa for unauthorized use in patients particularly vulnerable to its risky side effects.

The company has been charged with scheming to concvince doctors to prescribe Zyprexa for patients, children and older persons, for whom the drug was not federally approved. Studies have shown that the drug poses risks when used by these two groups.

According to reports, Lilly convinced physicians to use Zyprexa to sedate unruly nursing home patients solely to reduce time needed to devote to them. Lilly is also accused of marketing the drug to pediatricians and other doctors to treat disruptive children even though the medicine’s tendency to cause severe weight gain and metabolic disorders is particularly pronounced in children.

In the United States, most of Zyprexa’s sales are paid for by government programs because so many of those taking Zyprexa are indigent or disabled. Zyprexa had sales of $4.8 billion in 2007, making it the biggest seller by far for Lilly, whose revenue that year was $18.6 billion.

Our Atlanta lawyers have had experience in bringing actions based upon foodborne illnesses such a salmonella. The salmonella outbreak across the nation has been potentially traced to peanut butter. A recall has been issued for peanut butter distributed by King Nut Companies of Solon, Ohio. The peanut butter was supplied only through food service providers and was not sold directly to consumers. King Nut has challenged the recall contending it could not be the source of the nationwide outbreak since it distributes to only seven states.

Three deaths have been attributed the outbreak. These occurred in Virginia and Minnesota. Two adults in Virginia had salmonella when they died, though it has not been established that the salmonella is what killed them. Minnesota health officials reported that an elderly woman had salmonella poisoning at the time of her death.

Health officials are urging nursing homes, hospitals, schools, universities and restaurants to toss out specific containers of peanut butter linked to a salmonella outbreak in 43 states and possibly to the deaths of three people.

Minnesota health officials announced Monday they had found a match between samples from a King Nut container and the strains of salmonella bacteria making people sick across the country. The outbreak has sickened more than 400 people including Georgia residents.

Minnesota officials said last week they had found salmonella bacteria in a 5-pound package of King Nut peanut butter at a nursing facility. Officials tested the bacteria over the weekend and found a genetic match with the bacterial strain that has led to 30 illnesses in Minnesota and others across the country.

King Nut Companies on Sunday asked its customers to stop using peanut butter under its King Nut and Parnell's Pride brands with a lot code that begins with the numeral "8."
The peanut butter King Nut distributed was manufactured by Peanut Corporation of America, a Virginia company.

The CDC on Monday raised the number of confirmed cases to 410, from 399 as of Friday, and Mississippi became the 43rd state to report a case. All the illnesses began between Sept. 15 and Jan. 7, but most of the people became sick after Oct. 1.

The recent outbreak is occurring almost two years after ConAgra recalled its Peter Pan brand peanut butter, which was eventually linked to at least 625 salmonella cases in 47 states.

Our lawyers receive numerous calls concernig foodborne illnesses, particularly those contracted in restuarants. Now, Georgia is among the 42 states that have been struck with a salmonella outbreak, with five people taken ill and one requiring hospitalization, according to officials from the state Division of Public Health.

The ages of the Georgians that have become ill range from 7 to 73, and the cases occurred in five different counties. The cases appeared from late October to early December of last year.
A salmonella outbreak has been reported in Georgia. State officials say the cause of the outbreak remains unknown but they are working with the federal Centers for Disease Control and Prevention to identify it. A total of about a dozen people have been hospitalized and about 400 have been sickened by the salmonella outbreak over 42 states. The CDC is leading the investigation but has yet to release a full list of states.

Salmonella is a gram-negative, rod-shaped bacilli that can cause diarrheal illness in humans. They are microscopic living creatures that pass from the feces of people or animals to other people or other animals. Strains that cause no symptoms in animals can make people sick, and vice versa. In food, salmonella does not usually affect the taste, smell, or appearance of the food. The bacteria live in the intestinal tracts of infected animals and humans.

According to the Centers for Disease Control and Prevention (CDC), salmonella sickness causes an estimated 1.4 million cases of foodborne illness and more than 500 deaths annually in the United States. Most people infected by salmonella experience diarrhea, abdominal cramps, and fever within 8 to 72 hours after the contaminated food was eaten. Additional symptoms may be chills, headache, nausea, and vomiting. Symptoms usually disappear within 4 to 7 days.

Ohio health officials have reported at least 50 people in 18 counties have been sickened by salmonella bacteria since October. Other states with cases include Minnesota and California.

Any raw food of animal origin, such as meat, poultry, milk and dairy products, eggs, seafood, and some fruits and vegetables may carry salmonella bacteria. The bacteria can survive to cause illness if meat, poultry, and egg products are not cooked to a safe minimum internal temperature as measured with a food thermometer and fruits and vegetables are not thoroughly washed. The bacteria can also contaminate other foods that come in contact with raw meat and poultry.

Safe food handling practices are necessary to prevent bacteria on raw food from causing illness. Officials say steps to protect against the illness include careful handling and preparation of raw meat, and frequent hand washing.

Dangerous and defective medical devices pose a real and present danger to patients everyday in the Atlanta area and across the Unites States. In many cases the results are debilitating injuries or death. Recently, the United States Supreme Court, at the urging of the Bush administration, provided cover to the companies that manufacture such devices.

The St. Petersburg Times newspaper has printed an editorial in which it exposes the hypocrisy of the current administration in granting federal approval to such devices thereby preempting consumer action.

The newspaper describes it as “an old story.” A federal agency within the Bush administration is embroiled in controversy over the manipulation of science. A group of scientists and physicians within the Food and Drug Administration (FDA) has written Congress accusing top FDA officials of misconduct in the approval of medical devices. The scientists warn that unsafe or ineffective devices that were improperly approved may be threatening public safety, and the full extent of the danger may not be known for years.

In the letter to Michigan Democratic Rep. John Dingell, chairman of the House Committee on Energy and Commerce, professionals from the FDA Center for Devices and Radiological Health said that senior managers at the "ordered, intimidated and coerced FDA experts" into altering their scientific evaluations and conclusions regarding medical devices. The scientists say some within their ranks were told to use unsound evaluation methods and to make safety and effectiveness determinations that violated standards.

The scientists and physicians accuse senior administrators of overriding the judgment of trained experts to benefit manufacturers regardless of the implications for public health.

Last week we told the story of a recurring tragedy--a preventable aviation accident that took the lives of all on board--in a wrongful death lawsuit we filed last week.

The story of this airplane crash is yet another disturbing example of how lives are lost when basic safety--and common sense--are disregarded.

The pilot ignored clear warnings of dangerous weather, and proceeded into conditions that he and his aircraft were not capable of handling. Experienced pilots have a term--"get-there-itis"--for foolishly disregarding dangers and plowing ahead.

The aircraft crash was unforgiving, and all on board died. As aviation crash experts weigh in on all of the preventable errors made by this pilot, the family members wonder why this preventable accident had to occur.

The fact is that this preventable plane crash did not have to occur. We know that public safety depends on learning from past tragedies like this one, so that future ones can be prevented. We are committed to that result here.

Portable fans have been overheating and causing fires. Now, a company which manufactures these dangerous products will pay a $500,000 fine for not quickly reporting these problems.

Lasko Products received 42 related complaints involving nine injuries and property damage from 2002 through 2005 as a result of malfunctions in portable fans it manufactures.

Federal law requires that companies such as Lasko report potential hazards to the U.S. Consumer Product Safety Commission within 24 hours. The company did not fully report the problems until September of 2005.

Lasko sold the box and floor fans from 2000 to 2004 under the brand names Lasko, General Galaxy and Air King. They were sold for about $10 to $25 at discount stores. In 2006, 5.6 million of the fans were recalled because an electrical failure in the motor could cause them to ignite.

At the time of the recall, the U.S. Consumer Product Safety Commission said the injuries included burns and smoke inhalation and that at least eight of the reported fires caused extensive property damage.

Our product liability lawyers have handled numerous cases through the years involving serious injury and death by fires caused by malfunctioning appliances such as fans and dehuminifiers. All consumers should be aware of these potential dangers and ensure that such products have not been the subject of a recall.

It seems that almost everyday there is a news story in the Atlanta and Georgia media involving the tragic death of a young person in a traffic accident. Many times alcohol is involved.

Fatal car wrecks involving alcohol impaired young drivers are a major concern, especially around the Christmas and New Years holidays. The National Highway Traffic Safety Administration (NHTSA), recently released a study involving alcohol related deaths from crashes involving 21-24 year old drivers. The findings are disturbing.

The study was based upon data from the years 2003 trough 2007. Data from 2008 is not yet available. Statistics show that drivers 21-24 years-old consistently have the highest level of involvement in alcohol impaired driving fatalities. In 2007, 35% of 21-24 year-old drivers involved in fatal crashes were impaired by alcohol. This is based upon a blood alcohol level of .08 + grams per deciliter which is the level at which a driver is presumed to be impaired.
Drivers in the 21 to 24 year-old group were the most frequently involved age group in alcohol related crashes.

While alcohol impaired driving is always a major concern, there are certain times of the year when the problem is more prevalent. The percentage of impaired drivers involved in fatal crashes during the last two weeks of December increases among all age groups. But, the percentage among 21-24 year-olds is the highest, just as it is throughout the year. In crashes involving the 21-24 year-old group during the last two weeks of December, almost 4 fatalities out of ten resulted from alcohol impaired driving crashes.

In Georgia, in 2007, there were 263 fatality crashes reported involving the 21-24 year-old group. Of these, 72 involved were alcohol impairment.

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