Atlanta Injury Lawyer Blog

State of Georgia Should Have Hired a Trial Lawyer in Zyprexa Suit

May 1, 2009 | Robin Frazer Clark

The State of Georgia should have hired a good plaintiff’s personal injury trial lawyer to pursue its suit against the maker of Zyprexa rather than handle such a large case on its own. Because the Attorney General’s office pursued the matter against Eli Lilly and Co., the maker of Zyprexa, with its own in-house Assistant AG’s, the State of Georgia settled the claim on behalf of the entire State of Georgia for only $6 Million. That’s not alot for all of the citizens of Georgia. Other states are pursuing the matter earnestly in court and shooting for a jury trial. Once again, the Georgia Attorney General’s office is a day late and a dollar short.

Georgia settles with drug company for $6M

Other states seek more with lawsuits over potential side effects of Zyprexa

GTLA Welcomes New President, Chris Clark

April 30, 2009 | Robin Frazer Clark

GTLA Welcomes New President, Chris Clark of Macon, Georgia
GTLA wishes to thank out-going President Fred Orr for his wisdom and vision over the past year. With him at the helm, many things have been accomplished (including this new website). With Fred as the Immediate Past President, GTLA eagerly welcomes Chris Clark to his new role. Chris’ intelligence, leadership style and passion for the Civil Justice System will only serve to make this great organization stronger.

At the President’s Gala on Friday night, 250 members of GTLA watched as Fred Orr handed the reins over to Chris Clark– both of whom received a standing ovation. Congressman Bruce Braley of Iowa, a trial lawyer, a champion for justice in Washington DC and a Past President of his state’s TLA entertained and enlightened the crowd with his tales of courage in politics as the keynote speaker. The evening ended with incredible comaraderie found only at GTLA events.

Savannah Suger Refinery an Example of More Georgia Corporate Irresponsibility

April 7, 2009 | Robin Frazer Clark

Just like the Peanut Corporation of America in Blakely, Georgia, the Imperial Sugar Refinery in Savannah, Georgia knew of the dangers its plant exposed its employees and Georgia citizens to and did absolutely nothing. In an article today in the Atlanta Journal and Constitution, it is obvious the sugar corporation deliberately exposed its employees to the very real chance of death by ignoring an expert consultant’s report warning the corporation’s executives of the danger. Which brings to mind the question: What is wrong with Corporate America? Has corporate greed become so all important that dollars over safety is a corporation’s creed now? Or is it that the past administration of the last eight years has permitted Corporate America to thumb its nose at corporate responsibility for the sake of unregulated profit such that even when human life hangs in the balance, the Almighty Corporation gets by with murder?
It is clear that in the case of the Savannah Sugar Refinery, the fourteen employees who died in the explosion and the dozens of other Georgians injured in it were asked to sacrifice too much for corporate greed. These Georgians are left with nothing but inadequate workers’ compensation claims now as the Imperial Sugar Refinery is protected from the rough justice of twelve jurors in the Georgia Civil Justice System by the “exclusive remedy” of the workers’ compensation system. And that is a crime.

Fulton County, Georgia Jury Returns $2.3 Million Verdict for Botched Circumcision

March 27, 2009 | Robin Frazer Clark

A Fulton County, Atlanta, Georgia jury has just returned this afternoon a verdict in the amount of $2.3 Million in a medical malpractice case involving a botched circumcision. The trial on March 16, 2009, and the jury deliberated from 10:30 a.m. yesterday until about 1:45 p.m. today, when they returned a verdict in the amount of $1.8 million for the minor child, and $500,000.00 for the mother.
The case involved an alleged botched circumcision, in which the young male child involved (who was 2-days old at the time of the incident), had about five millimeters (or about one-third) of his glans penis negligently removed during a circumcision procedure on November 6, 2004. This is obviously a significant permanent injury that will go with the child the rest of his life.
Defendants not only contended they had committed no negligence, and that any injury was an accepted risk of the procedure, but also somewhat surprisingly contended that the incident did not even occur, asserting that the child was suffering from a congenital deformity of the penis. I guess the jury just didn’t buy that argument. There are some detractors of the Georgia Civil Justice System who might decry this verdict as excessive, but my guess is those who do have 100% of their penis. Bless this Fulton County jury for taking into the consideration the emotion toil this unnecessary deformity will have on this child as he grows into a young man…something he will have to live with every day of his life, all due through no fault of his own.

Insurance Industry May Have Defrauded Millions

March 27, 2009 | Robin Frazer Clark

That headline should come as no surprise to my readers here in Atlanta, Georgia. Georgians have a unique ability to know when they are getting ripped off, and it appears United Healthcare has been doing that to Georgians and Americans everywhere in the form of insurance fraud. The United States Senate is holding hearings now on the issue.

Witnesses tell Senate UnitedHealth may have defrauded one in three insured Americans.

CQ Healthbeat (3/27) reports, “UnitedHealth Group officials are in for an unpleasant experience at a Senate hearing next week – if a set-up session on Thursday was any indication.” At a Senate Commerce, Science and Transportation Committee hearing today, witnesses “described how health insurers routinely defrauded millions of patients who sought out-of-network care by paying less than the insurers owed for medical bills.” A witness told the panel, which will hear from United representatives next Tuesday, that “the practice could have potentially affected as many as one in three insured Americans and lasted for at least a decade.” Committee Chairman John D. Rockefeller, IV (D-WV), “declined to say what types of changes should be included in health overhaul legislation,” saying, “I want to make sure exactly what it is we need to do…just in the saying of it, I could do damage to health reform.”

Some Georgia Legislators Intent on Protecting Georgians’ Legal Rights in Georgia Civil Justice System

March 6, 2009 | Robin Frazer Clark

There was a wonderful and truthful article in today’s Fulton County Daily Report, the “legal organ” of Fulton County, Georgia, that I share with you below. Georgia citizens should know that many of us plaintiff’s personal injury trial lawyers continue to fight for your rights to access to the courts to obtain justice. Enjoy.

Friday, March 06, 2009

GOP legal issues are losing steam

Georgians Deserve Better than What Governor Perdue Offers with FDA Immunity

February 20, 2009 | Robin Frazer Clark

I have written about the attempt going on RIGHT NOW at the Georgia Capitol by Governor Perdue and Senator Bill Cowsert and others who take up Governor Perdue’s mantra to eliminate Georgian’s rights to sue a Georgia pharmaceutical company if its drug harms a Georgian. Senate Bill 101, heard yesterday in the Economic Development Committee (NOT the Judiciary Committee, where it actually belongs), would strip Georgians of ALL of our rights to hold a Georgia drug manufacturer liable for damages its drug causes a Georgian. Ironically, this bill would hurt ONLY Georgians; those folks who took the drug in any other state, Alabama, for example, WOULD be able to hold the Georgia company responsible for the harm it causes, as it should be. Can you imagine any worse affrong to the rights of Georgia citizens than this? This should show you how little the Governor of Georgia and his followers in the Georgia General Assembly think of the welfare of Georgia consumers. Yesterday in the Committee hearing, the Chairperson did not allow the Committee to vote on the bill.

ACT NOW! Folks, now is the time for everyone living in the State of Georgia to call your State Senator and ask them to vote NO on Senate Bill 101. Also, now is the time to call the Governor’s office and let Governor Perdue know you don’t appreciate his underhanded attempts to eliminate your constitutional rights.

Enough is enough.

New Safety Requirements in Effect for Commercial Pools

February 9, 2009 | Robin Frazer Clark

A new law has gone into effect for commercial pools that requires these pools all to have drains with anti-entrapment devices. Without these devices, a swimmer, usually a small child, can become entrapped by the sheer force of the drain suction. Some children have even been eviscerated by the strong suction in pool drains. This new law is designed to insure no other entrapments occur. Pools must be compliant with the new law as of December 18, 2008, so now all commercial pools should have these non-entrapment devices installed on their drains. Below is more information from the Consumer Product Safety Commission. If you regularly use a commercial pool, e.g., a country club pool, a county park pool or homeowner’s association pool, now is the time, before summer, to verify with the Board of Directors that your pool has the proper drain and is compliance with this new law. We want to make sure all Georgia swimmers are safe this summer!

Virginia Graeme Baker Pool and Spa Safety Act

June 18, 2008 Staff Interpretation of Section 1404:

Justice Leah Sears, Chief Justice of the Georgia Supreme Court, an Inspiration to All Georgians

February 7, 2009 | Robin Frazer Clark

On February 4, 2009 Justice Leah Sears, the Chief Justice of the Georgia Supreme Court, gave her last State of the Judiciary address to the Georgia General Assembly. It is her last such address because she has announced she will be retiring from the bench in June of this year. Georgia lawyers will miss her, because of her absolute committment to a strong, independent Judiciary and to the Rule of Law. She is a true role model for all Georgians, especially young women like my daughter, Alex, who is now 11 years old, and who are looking for the way to make their mark on Georgia and future generations. Below I have reprinted Justice Sears’ entire State of the Judiciary Address.

Lieutenant Governor Cagle, Speaker Richardson, Speaker Pro Tem Burkhalter, President Pro Tem Williams and other members of the General Assembly. Ladies and Gentlemen. I am overwhelmed by your warm welcome.

Today I stand before this distinguished body for the last time as the Chief Justice of the Supreme Court of Georgia. I am both honored and humbled. I have so many of you to thank for your years of support and encouragement. And I am forever indebted to my colleagues on the Supreme Court—my friends—Presiding Justice Carol Hunstein, former Chief Justice Robert Benham, and Justices George Carley, Hugh Thompson, Harris Hines and Harold Melton. I am also grateful to my friends on the Georgia Court of Appeals, now being ably led by Chief Judge Yvette Miller, as well as all of my other colleagues in the judicial branch.

Georgia Should Not Have a Victim’s Pay Law-It Is Unfair to Every Georgian

February 6, 2009 | Robin Frazer Clark

Governor Perdue is again trying to eliminate the rights of all Georgians to seek legal redress when they have been injured by another person’s negligence or carelessness. Please do your part to tell the Governor “No Thanks and No Way.”

Enacting ‘Victim Pays’ would be like taking away David’s Slingshot

SB 108 would allow intimidation and fear to rule our court of law