Georgia Trial Lawyer Blog

The federal government has admitted that homeowners have not been treated fairly under its recent $75 billion mortgage relief program. However, the government may soon implement new policies which could help level the playing field between homeowners and mortgage companies.

The Atlanta Journal Constitution has the story.

One of the largest complaints by home owners is that lenders can continue to foreclose on a home even if a homeowner has enrolled in the relief program. If the new policies go into effect, a mortgage company would be required to halt any legal proceedings as soon as a borrower enrolls. Moreover, if a borrower is rejected from the program, he or she may appeal the decision within 30 days. During those 30 days, a lender would not be able to carry out a foreclosure sale.

At Pate & Brody, we have seen many homeowners who have not been treated fairly by their mortgage companies. When a home owner is not being treated fairly, we can often step in and stop a foreclosure sale from taking place. It may also be appropriate to file suit against the mortgage company to recover damages for the harm caused to the home owner. The amount of recovery in such cases can often be significant.

The Senior Care Center in Brunswick, Georgia has been cited for serious federal violations. The nursing home, which is owned by Southeast Georgia Health Systems, is one of the largest nursing homes in Brunswick.

Georgia Public Broadcasting has the story.

Georgia’s Department of Health and Human Services found that the Senior Care Center did not address pressure sores and failed to monitor bowel movements. Moreover, investigators found that the Center was managing patient funds without ever receiving permission to do so. The state agency has recommended a fine of $550 per day until the violations have been brought into compliance with federal law.

The 200-bed nursing home was originally shut down by the state in 2007 for safety reasons. Southeast Georgia Health System then bought the nursing home in 2008.

Our personal injury attorneys have been fighting on behalf of abused nursing home patients for years. Georgia law provides nursing home residents with a Bill of Rights that entitles every resident to adequate and appropriate treatment and care. Residents are also entitled to treatment and care that is in compliance with all laws and regulations. When a resident is injured, suffers or dies because a nursing home failed to provide adequate care, the resident or resident’s family may bring a civil suit against the home for damages. By filing a civil suit, an abused resident can often recover a significant sum of money as well as prevent the abuse of future residents.

Child porn victims across the country have begun asking federal courts for restitution from individuals convicted of possessing their illegal photographs and videos. In some cases, victims have been awarded millions of dollars.

The Atlanta Journal Constitution has the story.

The idea that a person who possesses an image depicting child pornography is somehow responsible for the harm caused to the child is a novel one. Some federal courts have denied awarding victims any money at all. Others have scolded prosecutors for not seeking restitution. For federal courts that do allow for restitution, the amount can be significant. For instance, two Florida courts awarded victims over $3.2 million. Another Connecticut court awarded a victim $130,000.

Victims are notified when a person is caught with an image of them due to the Crime Victims Rights Act of 2004. Prior to the Act, victims had no way of knowing when someone was caught with their photographs or videos. Now, a victim in Georgia may seek restitution from someone convicted of downloading their images online on the other side of the country.
Advocates believe that restitution is a powerful tool in the fight against child pornography. Moreover, many victims desperately need the money for medical bills, psychiatric counseling, lost wages and attorneys’ fees.

On the other side of the coin, some defense attorneys would point out that only the people who produced the images caused the damage. Others say that the matter should be taken up in civil court. And while it may take the courts years to come to a consensus on the law, some victims are using this window of opportunity to punish those who obtained their illegal images.

Our crime victims attorneys have been successfully representing sex crime victims for years. In our experience, the criminal justice system often excludes victims from court proceedings. Allowing victims to seek restitution in criminal cases can give them a voice in court and give them a chance to recover the damage that was done to them. A good victims’ rights attorney will educate and pressure prosecutors and the courts to seek and award restitution on behalf of victims. The early intervention of a victims’ rights attorney may also save victims the pain and expense of having to file suit in civil court.

A Bibb County jury has determined that a nurse negligently administered pain medication which resulted in the death of a Warner Robins patient. The jury returned a $1 million verdict in favor of the patient’s family after deliberating for four hours.

The Macon Telegraph has the story.

The patient, Mearlene Hall, had a surgically implanted pump designed to administer pain medication. The pump had been implanted after she suffered serious back injuries. In May of 2006, a nurse from Option Care of Middle Georgia was refilling the pump with pain medication when Mearlene complained of a tingling sensation in her fingers. Despite Mearlene’s complaints, the nurse continued the procedure. Mearlene eventually went unconscious and slipped into a coma. She died 25 days later.

The family’s personal injury lawyer, Tim Hall of Macon, was able to convince the jury that the nurse was negligent for continuing the procedure after Mearlene began to complain. Hall presented evidence that tingling of the fingers is a sign of a pain medication overdose. He also showed the jury that the pump was working properly.

Aside from the $1 million verdict, prejudgment interest was also awarded in the amount of $278,321.

For years, our personal injury attorneys have been helping injured patients and their families recover damages from negligent health care providers. In many of these cases, a nurse or physician does not recognize or simply overlooks obvious warning signs. Patients who have been negligently injured can recover damages for medical bills as well as pain and suffering. If a death results, a patient may be able to recover for wrongful death which is the full value of the patient’s life. As in this case, damages can be significant.

Toyota has admitted to braking problems in the Prius after receiving nearly 180 complaints in the US and Japan. This latest admission comes on the heels of a 4.5 million car recall in which the automaker warned consumers that gas pedals may stick on various models.

The Atlanta Journal Constitution has the story.

The design defect within the Prius’ braking system causes the brakes to become unresponsive for a brief period of time. The company noted that when the vehicle moves over an uneven or wet surface there is a lag due to the vehicle switching from hydraulic brakes to electronic brakes.

In the US, the National Highway Traffic Safety Administration has received around 100 complaints so far. Of those complaints, at least two involved accidents with reported injuries. It is unclear how many other crashes and injuries may be related to the Prius’ breaking system.

Prius drivers who believe that they have been injured due to the Prius’ breaking system should know that they may have a product liability claim against Toyota. When a manufacturer creates a defective product and the defect causes an injury, the law generally entitles the injured consumer to money damages for the harm he or she suffered. In many cases, the monetary award can be significant.

On Monday, Toyota announced that it had engineered a solution to nearly 4.2 million recalled vehicles that were designed with gas pedals that could potentially stick. While the solution restored some consumer confidence, it comes too late for the drivers that were involved in accidents due to the sticking pedals.

The Atlanta Journal Constitution has the story.

The problem involved excessive friction between two accelerator mechanisms. When the friction reached a certain level, the gas pedal became stuck causing the vehicle to move forward. Toyota's fix is a steel shim that is installed behind the gas pedal.

Consumers who believe that they have been injured due to a sticking gas pedal on their Toyota need to know that they may have certain legal rights. When a consumer is injured due to a defective product, the consumer may bring suit against the manufacturer to recover medical bills as well as pain and suffering. If a death occurs, a claim for wrongful death may be appropriate. In many of these cases, an injured consumer can receive a hefty monetary award. Moreover, product liability suits often force the manufacturer to design a safer product which can cut down on the number of future injuries.

Experts estimate that Medicare fraud costs the nation $60 billion annually despite tough whistleblower laws. They also predict that this number will continue to grow.

The story in Georgia is no different. In one recent Georgia case, an Athens psychologist was convicted after swindling Medicaid out of more than $550,000. The Atlanta Journal Constitution has the story.

One reason for the tremendous amount of fraud, and why it keeps growing, is that there are simply too many businesses and individuals who cheat the government for law enforcement to handle. In response, Congress and various states, including Georgia, passed powerful whistle blower laws which allow an individual to bring suit against a company that files a false claim with the government. While anyone may bring such a suit, employees are often in the best position to disclose the fraud.

In order to bring a successful qui tam action, an employee must have independent and direct knowledge of the government being defrauded by their employer. The whistleblower employee is typically entitled to 15 to 30 percent of the money recovered. In qui tam actions involving large businesses, it is not uncommon for the employee bringing the suit to recover millions of dollars.

It is important to understand that fraud can come in many forms. Some employers defraud the government by over billing for services or goods, billing for services or goods that never existed, or by producing inferior goods. In the health care setting, a health provider may also defraud the government by prescribing unnecessary prescriptions and procedures or even by stealing someone else’s identifying information and claiming that person as a patient for Medicare purposes.

In the recent Athens case, the convicted psychologist submitted thousands of claims for therapy work he never performed for real patients as well as for people that he never treated. Although this case was investigated by the Georgia Attorney General's office and federal officials, a whistleblower complaint could have been brought if timely filed by an employee or other insider with knowledge of the fraud.

Our whistle blower attorneys are able to help individuals report their employers for filing false claims with the government. Many times employees are hesitant to blow the whistle due to fear of reprisal by their employer. However, federal law protects whistle blowers against retaliation for investigating or prosecuting a potential qui tam claim.