Georgia Trial Lawyer Blog

A Florida woman whose jaw bone was virtually destroyed after taking Fosamax for 10 years won an $8 million verdict last Friday. Merck, the maker of the popular osteoporosis drug, faces approximately 1,400 similar suits in which patients claim that they were also injured by Fosamax.

The Atlanta Journal Constitution has the story.

Shirley Boyles of Fort Walton, Florida began taking Fosamax in 1997 after her bone density showed signs of decreasing, a condition known as osteopenia. Fosamax is advertised as being able to prevent fractures in women suffering from osteopenia. In 2002, Boyles began having jaw problems including having to undergo tooth extractions and hospitalization. In 2006, Boyles stopped taking the drug.

At trial, a medical expert told jurors that Boyles’ jaw bone had decayed to the point where it began to drain through open sores on her chin. The expert also described how Boyles will have to undergo a surgery in which her jaw bone is removed and replaced with a separate bone. Merck argued throughout the trial that Boyles’ condition was due to periodontal disease and smoking.

The jury deliberated for four hours before finding that Fosamax caused Boyles' injuries and that the drug was "unreasonably dangerous" due to a defective design. Merck has promised to appeal the $8 million verdict on various legal grounds.

Fosamax was Merck's second highest selling drug until a generic pill came out three years ago. In 2005 alone, the drug pulled in $3.2 billion. Merck must now battle the remaining 1,400 lawsuits filed by patients who say that Fosamax caused their injuries.

Merck is no stranger to lawsuits alleging defective pharmaceuticals. Recently, Merck agreed to pay out a $4.85 billion settlement in response to 50,000 lawsuits that were filed by patients who took the popular painkiller Vioxx. Many Vioxx patients alleged that the drug caused strokes and heart attacks.

Our product liability attorneys are able to help patients such as Ms. Boyles who have been harmed due to a drug manufacturer's negligence. All too often, drug companies place patients at risk by putting dangerous and defective drugs in the marketplace. In many cases, dangerous side effects such as heart attack, stroke, angina, kidney failure, IBS, bone degeneration, behavioral changes and even wrongful death are the result. When a defective drug results in an injury, the injured patient has a right to file a lawsuit against the drug maker to recover their losses and to punish the drug company for the harm it caused.

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.

Graco Children’s Products has announced a recall of around 1.5 million strollers after five children had their fingertips cut off. The Consumer Product Safety Commission has stated that the main concern centers on the canopy hinge.

In addition to the five amputations, two other children received lacerations on their fingertips. The amputations and cuts occurred when the children placed their fingers in the canopy hinge while the canopy was being closed or opened.

Recalled strollers include various model numbers of the Spree, Alano, Passage, and Travel Systems models which were made between October 2004 and February 2008. The affected strollers were sold between October 2004 and December 2009 at retail stores across the country including Walmart, Target, Sears, Kmart and Toys R Us. Consumers can find manufacturing dates and model numbers above the back wheels on the rear frame.

Graco has released a statement telling consumers to stop using the potentially dangerous strollers and to contact Graco for free hinge covers. Consumers can also visit http://www.cpsc.gov to learn more. Graco is a division of Newell Rubbermaid, an Atlanta based company. A similar recall occurred last November which involved a million Maclaren strollers. Prior to that recall, twelve children received severed fingertips.

Our product liability attorneys represent children and their families who have been injured by dangerous and defective products. It is important for parents and families of children injured by defective products to know that they may be entitled to significant monetary damages. Damages may include medical bills as well as emotional and physical suffering. In order to receive such damages, an injured plaintiff must generally show that the product was defective and that the defect caused the child’s injury.

A Jonesboro jury has held Ford liable for $16.4 million due to a Ford Explorer design defect that resulted in a woman’s paralysis. Lawyers for the injured woman were able to successfully convince the jury that her 2002 Ford Explorer’s occupant protection system was defective.

The Atlanta Journal Constitution has the story.

On Christmas morning in 2005, Lynn Wheeler and her husband were on their way to church when their 2002 Ford Explorer was struck head-on by another vehicle. Lynn was wearing a lap-only seat belt at the time of the accident. She sustained grave injuries and is now a quadriplegic.

Attorneys for the Columbus and Atlanta law firm Butler, Wooten & Fryhoffer argued before a Clayton County jury that Ford had created a defective seat belt system which failed to properly restrain Lynn. The jury agreed and returned a 16.4 million verdict against Ford on December 18. The jury also determined that it should award punitive damages since Ford had shown a reckless disregard for safety. However, the parties settled before punitive damages could be awarded.

Our product liability lawyers have also represented clients who have been seriously injured in car accidents due to a defect within a vehicle. Injured consumers should know that Georgia provides powerful laws which give them the right to sue companies involved in the manufacture or sale of a defective product. As in this case, a products liability suit can often result in a substantial monetary award and force the offending company to create safer products in the future. While vehicles are the classic example in a products liability case, a defective product may include virtually anything a manufacturer puts into the market place including lawn equipment, eye glasses and household appliances.

Victims of Georgia peanut butter contaminated with Salmonella angered over lack of prosecutions

FBI agents raided two peanut butter plants in Blakely, Georgia nearly a year ago after a Salmonella outbreak was linked to the plants’ peanut butter. The outbreak killed nine people and sickened hundreds of others. However, not a single executive of the company, Peanut Corp. of America, has been charged with a crime. The lack of prosecutions has caused a stir among many victims and their families.

The Atlanta Journal Constitution has the story.

The evidence seemed overwhelming. FDA inspectors found mold, a leaky roof and cockroaches at the Blakely plants. Congress also found e-mails written by the company’s top executive, Stewart Parnell, which suggested putting profits above safety even after being aware of the contamination. Specifically, emails from Parnell revealed that he “desperately” needed to turn the peanuts on the floor into money. Parnell also instructed his plant manager to “turn them loose” which referred to peanuts that had tested positive for contamination but were cleared in a second test. When a final lab test revealed salmonella, Parnell voiced great concern to his plant manager over the amount of money that would be lost.

The lack of prosecutions has surprised many. Some have speculated that the delay may be due to the fact that the outbreak has been controlled and the plants closed. The acting U.S. Attorney for the Middle District of Georgia, G.F. Peterman, has refused to comment on the matter. Historically, prosecutors have been hesitant to bring charges in contaminated food cases. In the 2006 tainted spinach scare, prosecutors did not pursue convictions even though three died and 200 were harmed. When prosecutions do occur, companies are typically charged with misdemeanor offenses and receive fines. For instance, Sara Lee Corp. pleaded guilty in 2001 to selling meats contaminated with Listeria which killed 15. The company was fined $200,000 and agreed to hand over $3 million for food safety research. So far Peanut Corp. of America has only suffered a barrage of civil lawsuits.

Our personal injury attorneys have successfully represented several clients who have been harmed due to defective or contaminated products. In our experience, a victim’s best chance for holding a food company accountable for injuries is through a civil suit as many of the victims in this case have done. Georgia law contains several statutes which allow injured consumers to go after companies responsible for contaminated food. From the corporate farmer to the owner of a restaurant or grocery store, Georgia’s laws cast a wide net of liability on those involved in food production, manufacturing and distribution. In addition to food borne illnesses, a consumer may also have a cause of action for food containing unsafe levels of pesticides, foods whose poor quality is concealed, foods that are unfit for human consumption or that have not been handled properly and foods that contain foreign objects. In many of these cases, the consumer can recover substantial monetary damages.

Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon and Madison. Our lawyers are dedicated to pursuing justice for crime victims, people who have been defrauded by deceptive business practices, or injured through the fault of others. Our lawyers have been recognized on the list of Georgia's "Super Lawyers", and included among Georgia's "Legal Elite" by Georgia Trend Magazine.

A federal racketeering suit has been filed against Toyota for concealing and destroying evidence in hundreds of rollover cases in what has been called a “ruthless conspiracy.” Perhaps most shocking is that the person bringing suit is the former managing counsel for Toyota Motor Sales.

CBS News has the story.

As an attorney for Toyota, Dimitrios Biller defended rollover lawsuits from 2003 to 2007 which involved instability and weak roofs in Toyota’s SUVs and pickups. Biller claims he consistently complained to supervisors about Toyota’s legal misconduct in those cases, and that he was ultimately pushed out the door for voicing his objections.

Biller filed suit in July in federal court in Los Angeles. In the suit, he claims that the motor company withheld evidence of its vehicles’ structural shortcomings. Specifically, he states that the company did not produce emails and electronic information to plaintiffs as is required by law. The lawsuit alleges that in one case a court ordered Toyota to disclose electronic data but that Toyota defied the order. Biller claims he attempted to save the information which included design and test data; however, Toyota destroyed the documents. The destroyed information should have been sent to plaintiffs in over 300 rollover cases.

The suit further alleges that Toyota withheld testing records of its vehicles’ roofs. For instance, Biller claims Toyota failed to produce documents which showed that its internal standard for roof strength was more durable than is required by federal regulations.

Toyota counters that the allegations are “inaccurate and misleading.” It further argues that Biller has violated his ethical obligations to Toyota by violating the attorney-client privilege. A hearing has been set for September 14 to determine if the complaint should be sealed due to privileged and confidential information.

The charges in Biller’s suit are echoed by many product liability lawyers who have dealt with Toyota in the past. If the charges prove to be true, it is possible that hundreds of seriously injured or killed plaintiffs were denied justice.

Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon and Madison. Our lawyers are dedicated to pursuing justice for crime victims, people who have been defrauded by deceptive business practices, or injured through the fault of others. Our lawyers have been recognized on the list of Georgia's "Super Lawyers", and included among Georgia's "Legal Elite" by Georgia Trend Magazine.

Bausch & Lomb has settled nearly 600 lawsuits in connection with the contact lens cleaner ReNu with MoistureLoc. Experts believe the cleaner exposed many users to a potentially blinding fungal infection.

The Atlanta Journal Constitution has the story.

Bausch & Lomb has already paid out $250 million in settlements and has dozens of more claims that have yet to be settled. Financial analysts believe the lens cleaner could end up costing the company $500 million. In some of the cases, the damage was irreversible. Seven people had to have an eye removed, and at least 60 people needed corneal transplants.

The infection, known as Fusarium keratitis, first appeared in Hong Kong in early 2005. It was not removed from shelves in the United States until April 2006. In May 2006, the company issued a worldwide recall. Many doctors had never seen the infection before and prescribed antibiotics and steroids which ultimately made the condition even worse. Victims say the infection began with a feeling of irritation which then turned into searing pain. How the infection occurred is still not entirely clear.

The impact has hit Bausch’s profits hard. MositureLoc had produced $100 million in annual sales. In October 2007, Bausch was acquired by the private equity firm Warburg Pincus in an attempt to get out of the public eye. Since the recall, Bausch has had to sell their older product ReNu MultiPlus which already has retailer-chain labels, and sales have dropped from $522 million in 2005 to $450 million in 2008.

Bausch is challenging another 500 lawsuits linking MoistureLoc to bacterial, viral, and parasitic conditions. A New York court is set to decide this week if there is a reliable scientific basis for establishing a link.

This is the second epidemic in the past few years stemming from a lens cleaner. In 2007, a popular formula made by Advanced Medical Optics was linked to a difficult parasitic infection. More than 170 people sued over that incident.

The FDA has stated that it is set to lay out more stringent testing requirements for lens solutions.

Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon and Madison. Our lawyers are dedicated to pursuing justice for crime victims, people who have been defrauded by deceptive business practices, or injured through the fault of others. Our lawyers have been recognized on the list of Georgia's "Super Lawyers", and included among Georgia's "Legal Elite" by Georgia Trend Magazine.

On Wednesday, a DeKalb County jury awarded Jessica Mundy $40 million dollars after being paralyzed when her Ford Explorer shifted out of park and ran her over.

The Atlanta Journal Constitution has the story.

Specifically, the jury awarded $30 million in punitive damages, $9 million in compensatory damages, and $1 million for her husband. The suit was against Ford Motor Company and Legacy Ford in McDonough where Mundy purchased the Explorer in 2004.

Mundy claimed that a design defect in some Ford Explorers causes the vehicles to unexpectedly go in reverse after the driver puts the vehicle in park. In particular, Mundy claims that she put her Explorer into park and got out to mail a package in McDonough. The Explorer then apparently shifted into reverse and ran over Mundy which fractured her spine and paralyzed her.

Mundy’s attorneys showed the jury three depositions of people who had similar situations in which Explorers would suddenly shift out of park. In addition, the National Highway Traffic Safety Administration has begun an investigation into consumer complaints that 2002 to 2005 Explorers unexpectedly come out of park. Ford maintains that it was Mundy’s operation of the vehicle that led to her injuries and not a defect in the vehicle.

Since the accident, Mundy has been unable to return to her job as an accountant for the state. However, she says that the verdict has given her some peace of mind.

Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon and Madison. Our lawyers are dedicated to pursuing justice for crime victims, people who have been defrauded by deceptive business practices, or injured through the fault of others. Our lawyers have been recognized on the list of Georgia's "Super Lawyers", and included among Georgia's "Legal Elite" by Georgia Trend Magazine.

About 5 million defective Roman blinds were sold by IKEA in the U.S. and global markets. One of the blinds caused the strangulation of a one year old child. The Consumer Product Safety Commission has the recall notice with the relevant details.

This is not the first defective product sold by IKEA. The store recently agreed to a $500,000 fine for failing to properly report defective outdoor candles that had caused at least 12 injuries, ranging from minor to severe burns. Those candles were recalled in 2006.

Retailers like IKEA have a responsibility to insure that the products they sell are safe and in good quality. We hope this fine, and the CPSC recall notices, will help protect consumers from stores that are not as vigilant as they should be.

According to the Atlanta Journal Constitution, one reported injury led to the recall of 3 different types of Lean Cuisine frozen chicken dinners. The concern is that there may be small pieces of plastic in the frozen chicken.

These are the products affected by the recall:

•9.5-ounce packages of Lean Cuisine Pesto Chicken With Bow Tie Pasta brand frozen meals. Printed on each side of each package is a production code of “8280595912” as well as a use-by date of “Best Before May 2010.”

•10.5-ounce packages of Lean Cuisine Chicken Mediterranean brand frozen meals. Printed on the side of each package is a production code of “8231595912” or “8241595912” as well as a use-by date of “Best before Sep 2010”; a production code of “8263595912,” “8269595911” or “8274595912,” as well as a use-by date of “Best before Oct 2010”; or a production code of “8291595912” or “8301595912” as well as a use-by date of “Best before Nov. 2010.”

•12.5-ounce packages of Lean Cuisine Chicken Tuscan brand frozen meals. Printed on the side of each package is a production code of “8234595911” and a use-by date of “Best before Sep 2009”; a production code of “8253595911” or “8269595912” as well as a use-by date of “Best before Oct 2009”; or, a production code of “8292595911” or “8296595911” as well as a use-by date of “Best before Nov 2009.”

Each package also bears the USDA mark of inspection as well as the establishment number “EST P-9018.”

As with any recall notice that involves food safety, consumers who have purchased these products need to identify them and contact the manufacturer for a refund. If you think you may have been injured by consuming this product, you should also contact a medical professional for treatment and diagnosis.

You may also wish to consult with a personal injury or defective product attorney to determine if the company has any liability for the injuries sustained by consuming the product. Our firm represents people injured by defective products and contaminated food. We never charge for the initial consultation with one of our personal injury, consumer protection or defective product lawyers.

A recent recall notice for Mylicon infant drops was reported in the Atlanta Journal Constitution this week. Drug giant Johnson & Johnson-Merck Consumer Pharmaceuticals Co. issued the recall.

No word on whether any children were injured, or how the metal was discovered. The recall affects lot numbers SMF0007 and SMF008, distributed to pharmacies after October 5, 2008.

If you purchased this product, you can contact the manufacturer for a refund and more information. If you think your child may have been injured by this product, you should make sure your child is treated by a physician and that any remaining product is not used and kept for testing.

Our firm represents children and their families who have been injured by defective and dangerous products, including altered drugs and medicines. If you think your child may have been injured by this or any other product, you may contact us or another product liability lawyer for assistance.

Congress recently passed legislation to revamp the Consumer Product Safety Commission and help injured consumers recover damages for defective products.

The Washington Business Journal has the story. The legislation is called the Consumer Product Safety Improvement Act of 2008 (H.R. 4040).

Apparently, the law will allow private lawyers and state attorneys general to sue manufacturers who have produced defective and unsafe products. The law also protects whistle blowers who report manufacturing safety violations. An online consumer complaint database will also be set up so consumers will know what products have been reported as altered, defective or unsafe.

This legislation appears to be a good step towards protecting consumers from dangerous products. Recent news reports of defective, altered and unsafe products clearly demonstrate the need for consumer lawyers to have better access to the civil justice system to hold unscrupulous or negligent manufacturers and business liable for their defective products.

Our firm helps people who have been injured by defective or unsafe products and we look forward to using this new law to help our clients recover damages and enforce safety regulations. If you have a product liability claim for a defective product, you may benefit from this new law. If you have any questions, you may contact our firm to discuss the case with one of our trial attorneys.

An Atlanta lawyer has filed a lawsuit against the Colorado-based maker of the popular Crocs shoes. The lawsuit alleges that a child was injured while wearing the shoes on an airport escalator.

According to the complaint, the shoes got caught up in the escalator because of their design. Damages for the child's injuries are alleged to be $2 million. Interestingly, the child's mother is the producer for Neal Boortz, a conservative talk radio show host.

The Atlanta Journal Constitution has the story.

Other injury lawyers have filed lawsuits against Crocs alleging similar defects and injuries that occur when these shoes get caught in escalators. Some of these lawsuits allege that the manufacturer knew of this problem before it started marketing the shoes to children.

Our firm accepts injury cases like the lawsuit filed against Crocs, and we can understand why parents would be concerned about the safety of the shoes their children wear.

We hope that the manufacturer will act responsibly and insure that any injured children are properly compensated for their injuries. So far, the manufacturer of Crocs has been blaming the kids and the escalators for the injuries. We'll soon see if juries feel the same way.