Atlanta Injury Lawyer Blog

Organ donation is so important. Many Georgians are waiting right now for a life-saving organ. I encourage folks to sign donor permission forms and tell their relatives that if they are killed or die unexpectedly, they want any usable organs donated. You must be clear about your wishes regarding all possible organs, including skin and tendons or ligaments, suitable for donation. I love the bumper sticker that says: "Be An Organ Donor: Heaven Knows We Need Them Down Here." So true! There is an alarming shortage of donated organs in Georgia and in the United States. Over half of the 100,000 Americans on the national transplant waiting list will die before they get a transplant. Most of these deaths are needless. Americans bury or cremate 20,000 transplantable organs every year.

Below is a story about a little boy who desperately needs a new kidney. I share this story with you with the hope that maybe someone out there will read this and respond or, at the very least, become an organ donor by signing his or her driver's license.

Finding A Kidney For Giovanni
Updated 7/18/2009 12:17:16 AM
Michael King

ATLANTA -- Nine-year-old Giovanni Santos knows more about medicine than he should. He has never experienced what it is like to be healthy.

But at every cruel turn, at every disappointment and reversal, his family has been there to support him -- and Giovanni has prevailed. So, what is to happen now that Giovanni and his family are facing another twist so bizarre, so heartbreaking that they are at a loss to understand?

It's time for another cutthroat game of dominoes at the Santos house. For dad Peterson, mom Michelle, daughter Isabella and son Giovanni, the bonds of family are strong. But today, the competitive juices are stronger.

They play hard against each other, but they fight harder for each other.

Peterson and Michelle learn, right away, what a fighter their first child, Giovanni, is. Born prematurely, his kidneys are damaged. He will need a transplant -- but not until he gains weight.

"We had no certainty that he was going to make it or not," Peterson said. "You know, it was basically do your best and hope for the best."

But Giovanni's a fighter. He gains weight. He gets stronger. His family decides to find out if anyone among them is a match to donate a kidney.

"Michelle and I, of course we, you know, we put our names in there first," Peterson said. "And then her mom also said that she would like to do it."

Amazingly all three match. That's three kidneys for Giovanni -- each, given current transplant technology, with an average functional life of ten years.

"I'm looking at it, you know, being the rational guy that I am, I say, 'I've got thirty years of his life covered," said Peterson.

They decide that Giovanni's grandmother will donate first, leaving the younger parents for later in his life.
At 14 months old, Giovanni gets a healthy kidney.

Still, life is not easy for Giovanni. His new kidney rests in his front -- the only space in an infant where it can go. The anti-rejection drugs he takes leave him constantly vulnerable to illness. And he contracts a form of cancer -- which he beats. He is a fighter.

Now Giovanni is nine years old. He has become an active, athletic boy. He plays tennis. He loves soccer. But his kidney has started to fail. It is time for another transplant.

"Michelle and I had decided that she would be the donor again because right now I am the main provider at our home -- because Michelle had stopped working two years ago because of Giovanni's health," Peterson said.

There are still two viable options -- two donors with kidneys who match Giovanni -- his parents. His second kidney transplant is scheduled for this June. But something happened.

"May 26 -- that's when everything changed," Peterson said.

Giovanni is riding his bike. He points down the hill into his subdivision and gains speed -- too much speed. He panics and slams into a neighbor's truck.

"You know the metal part of the handlebar?" Giovanni asked. "And then I hit it right here -- like, on it. And then um my bike fell over."

The neighbor scoops up Giovanni and runs him home. But Giovanni walks through the door. He is a fighter.

"He really starts bleeding. And he starts saying, 'Daddy, I'm not feeling well. I'm not feeling well. And I'm feeling dizzy. And he starts going like this," Peterson said.

Because Giovanni's kidney sits in his front, the bicycle handlebars rupture it. He is now bleeding profusely.

"I was laying my head because I was feeling hot," Giovanni said. "And then I passed out."

While Peterson yells to his wife to call 911, Giovanni struggles to speak.

"He said 'Daddy,Daddy, I can't breathe. I can't breathe.' And I lay him on the floor. And he stops breathing on me," Peterson said.

Peterson Santos looks at his unconscious son.

"So, basically, my son died right there in front of me," he said. "And I started doing CPR on him -- and I said,'Giovanni, come back, buddy. Come back!"

If Giovanni is to live, his father believes he must will him to.

"He's still very pale, and he's trying to go back out again," Peterson said. "I said,'Giovanni, don't go buddy. You got to stay with me.'"

And he does. Giovanni stabilizes. He is helicoptered to a hospital. His failing kidney is still functioning. But he needs a blood transfusion. His body reacts to the blood.

"The unfortunate part of, is that at that time, the blood that was given to Giovanni was apparently similar to Michelle. so, basically, Giovanni had just created anti-bodies against Michelle," he said.

Michelle Santos is no longer a match to donate a kidney to her son. The operation to replace Giovanni's failing kidney is scheduled for July 2. His father remains a match. There is but one thing he wants to hear when he wakes up.

"I just wanted to know that, hey, Giovanni's surgery went perfect. He's feeling well. He's in recovery," Peterson said.

Except that was not what he heard. Peterson's kidney was removed, but Giovanni was not able to have his kidney.

The Santos do not wish to discuss what happened -- other than to acknowledge that of all the things that have befallen Giovanni and them, this was the cruelest blow of all.

"That was probably the worst message I've ever had to go through," Peterson said.

So now the Santos family is down to zero. Giovanni still needs a kidney and they no longer have anyone to turn to. But Peterson Santos has set his emotions aside for the good of his son.

"I still need to look at what is best for my son. And what's best for my son is for us to go out there and ask for help," he said.

Giovanni is now on the organ transplant list, and must wait for a suitable kidney to become available. His wish is simple.

"I find a donor, get a kidney, and then I can go back to soccer," Giovanni said.

He takes medicine to help his failing kidney, and could need dialysis at any moment. With the support of his family he is ready to handle whatever comes his way. He always has. Giovanni Santos is a fighter.

Peterson and Michelle Santos encourage families to sign organ donation cards, and have the opportunity to give someone the best gift of all. They are hoping that will happen soon for Giovanni.

I am proud to represent Alan Brown in his quest for justice against the Georgia DOT for its failure to build and maintain a safe road. The Atlanta Journal and Constitution ran an article yesterday on the front page of the Metro Section about Joshua's Law, which Alan Brown, Josh Brown's father, created after the death of his son, Josh, in a single vehicle collision that resulted in Josh's death. Although the State of Georgia has collected $33 Million in fees thanks to Joshua's Law, the State of Georgia has returned only $9 Million of that money to fund Joshua's Law, which requires driver's education classes in Georgia high schools. How can this be, you ask? Isn't the State of Georgia just making money on the back of Georgia taxpayers when those funds should be going to driver's education instead of the State's general operating account? Makes sense...but that's not the way it works in Georgia, oddly enough. Just like the Georgia Indigent Defense Program, which has its own funding mechanism, it is up to the State to give that money to the program it was intended to fund. In the case of Joshua's Law, trying to get back all of the $33 Million raised by Joshua's Law into the funding of Joshua's Law is a classic David versus Goliath. The good news is that in the Valley of Elah, David won, with only five smooth stones. Watch out, Goliath!

A week ago tonight one of my dear friends passed from this earth. Thomas E. Magill was my close friend and I am saddened at his death. Tom was a defense attorney, and so we were often adversaries with Tom defending many of the cases I filed on behalf of my clients. We even had tried a wrongful death case against each other. It is through that framework of being opponents that we became the closest of friends. The fact that we became such good friends even though we were typically on the opposite sides of cases is a testament to the professionalism in the law, that two opposing counsel do not have to take anything said or done in the heat of the battle personally, but can do their jobs on behalf of their respective clients, seek justice on behalf of their clients and still come out of that battle with the deepest respect for one another. That is one thing that makes the legal profession so noble and unlike any other profession on Earth. It is also a testament to my friend, Tom Magill. The world was a better place with Tom in it. I will miss him dearly.

MAGILL, Thomas E. THOMAS E. MAGILL Tom Magill died with grace and serenity on Monday, October 5, 2009. He was a loving and beloved husband and father, a respected attorney, a faithful servant of God, and a loyal and trustworthy friend to many. He will be remembered with joy and will be sorely missed by the many whose lives he touched so deeply. Tom was born in Washington, D.C., on July 13, 1953, and moved to Birmingham, Michigan in early childhood. He graduated from University of Detroit High, Kalamazoo College, and Tulane University School of Law, and he maintained lifelong friendships with classmates from each school. He moved to Atlanta in 1978. He then joined the firm of Carter, Ansley, Smith and McLendon and in 1996 formed his current firm, Magill and Atkinson. He was also an experienced mediator with Henning and Associates. Tom was an avid golfer and cherished his time on the course at Druid Hills Golf Club. Tom was an active and faithful servant of the Lord at the Cathedral of Christ the King, and he loved his many dear friends there. Tom is survived by his beloved wife of nearly 26 years, Dr. Carol Brock, and the three children he delighted in, Jenny, Connor, and Chris. He is also survived by his sister Ann (Richard) Nahigian of Fresno, California; brothers Douglas (Karen) Magill of Solon, Ohio, Robert F. (Carol) Magill, Jr., of Dexter, Michigan; nieces Emily (Dane) Wildey, Ann-Marie (Danny) Kraft, Katie Magill, Krista Magill, Kirstie Brock, and Jodie Cunnington; nephews, Douglas A. Magill, Jr., Brian Magill, Marc Magill, Michael Magill, Sean Magill, and Brock Cline; great-nieces Claire Wildey and Martha Lee Brock Shepherd; great-nephews, Stone Wildey, Colson Kraft and Oscar Duke Shepherd; and many cousins. Tom was preceded in death by his parents, Robert F. and Aileen (O'Connor) Magill. Tom and his family are forever grateful for the love and support shown by their family, friends and fellow survivors over the past three years, since the beginning of his journey as a multiple cancer survivor. Family will be receiving friends Thursday, October 8 from 6 to 9PM, with the rosary at 8PM, at H.M. Patterson and Son, Spring Hill Chapel. The funeral service will be held Friday, October 9 at 10AM at Cathedral of Christ the King. A private burial will be held at Honey Creek Woodlands at the Monastery of the Holy Spirit. In lieu of flowers, donations may be made to Winship Cancer Institute at Emory University, American Cancer Society , Kidney Cancer Association, Support for People with Oral and Head and Neck Cancer, the Cathedral of Christ the King, or to the charity of your choice.

Pulitzer Prize winning political cartoonist Mike Luckavich had the perfect cartoon about texting the other day. It is a group of friends at a bar and they decide to be responsible on the drive home, so one of them says "OK, so who is our designated texter?" Perfect! As you know from reading my blog, studies have absolutlely proven that a sober driver who is texting while driving is really more impaired than an intoxicated driver! Now that's some sobering news.

I have been writing about this subject for awhile, hoping that come January 2010 the Georgia General Assembly will make it illegal in Georgia to text while driving. Interestingly, now Congress is thinking about making it a Federal offense! Wow! Talking about upping the ante! The Obama administration planned to offer recommendations this past Thursday to address the growing safety risk of distracted drivers, especially the use of mobile devices to send messages from behind the wheel. "We can really eliminate texting while driving. That should be our goal," said Transportation Secretary Ray LaHood, declining to provide specifics of the recommendation.

Well, the statistics don't lie: the Transportation Department reported that nearly 6,000 people were killed and a half-million were injured last year in vehicle crashes connected to driver distraction, often by mobile devices and cell phones. This is insane! How many Georgians have to be injured or killed by careless drivers who are texting behind the wheel before it is made illegal? Perhaps the Georgia Legislature could create a new offense, "DWT: Driving While Texting"?

In the meantime, I urge you: DO NOT test while you are driving. Put your Blackberry down. It can wait until you reach your destination. Or simply pull over to the side of the road if you MUST text.