Accident and Injury Lawyer Blog

MAG Mutual Insurance provides malpractice insurance to most Georgia doctors and others in the southeast. MAG Mutual Insurance Company is the tenth largest medical professional liability insurer in the United States.

In spite of its continued claims of a medical malpractice lawsuit crisis, MAG Mutual recently approved a dividend distribution its doctor-policyholders. MAG Mutual's website brags that for the fourth year in a row, and the twelve of the last sixteen years, MAG Mutual has provided a dividend check for its doctors.

A federal court in Georgia ruled that Rule 53 of the Federal Rules of Criminal Procedure prohibits “tweeting” from the courtroom.

The court basically found that Federal Rule 53 that prohibits photographs prohibits tweeting. Earlier this year, a Kansas court went the other way on this, ruling that a reporter could tweet a racketeering trial.

Personally, I this the call in Kansas was a better one. At some point, we all need to face - like it or not - this is 2009.

A federal judge in Atlanta has been asked to sanction the Atlanta Police Department for withholding internal documents during the discovery phase of wrongful death case, according to an article in the Atlanta Journal-Constitution. The lawsuit in the case, filed by the wrongful death lawyers of the relative of a 92-year-old woman killed in a 2006 police raid, alleges claims that the Atlanta department tried to cover up the existence a quota system used for arrests and warrants.

Our firm handles malpractice, product liability and auto accident cases in Atlanta. If you need an Atlanta personal injury lawyer, call 800-553-8082 or click here for a free consultation.

We provide on our website a summary of the law that pertains to Atlanta car accidents. If you need an Atlanta car accident lawyer, call 800-553-8082 or click here for a free no obligation consultation.

Maryland and Georgia both have rulings on tap from their high courts on caps on economic damages. Georgia got the ball rolling yesterday when the Georgia Supreme Court heard arguments yesterday on whether its cap on damages for medical malpractice claims is constitutional. A Georgia medical malpractice lawyer argued for the Plaintiff that the tort reform law in 2005 is unconstitutional because it grants unfair preferences and exemptions to hospital emergency departments.

Plaintiffs have a real shot in this case. The Georgia high court has previously stuck down laws that gave special exemptions to asbestos manufacturers facing property claims. Stay tuned....

A Fulton County jury in Georgia ordered an obstetrician and a pediatrician to pay a combined $2.3 million for their treatment of an infant in a botched circumcision The malpractice lawsuit in this case alleged that the obstetrician and the pediatrician were negligently failed to provide care when part of the boy’s penis was severed during the procedure at South Fulton Medical Center.

The frustrating thing about this case is that it appears to have been negligence that could have been largely fixed. The doctor who circumcised him removed too much tissue. That was mistake number one. If the tip of the penis was placed in a biohazard bag, it could have been reattached if a urologist had attended to the boy within eight hours. But the jury found that the boy's pediatrician failed to respond when a nurse made him aware of excessive bleeding.

You can find an article on the story here.

My two volume treatise Insurance Settlements is now available from James Publishing. The book discusses how to position a lawyer's car accident, truck accident, medical malpractice or product liability case to the best possible settlement at every step along the way (until the state's high court affirms the judgment).

Click on the James Publishing link. If you have any comments on the book, please email me at ronmiller@millerandzois.com under the subject "Insurance Settlements Comments."

Our lawyers are reviewing Byetta claims after the FDA announced this week that the diabetes drug has been linked to severe pancreatic problems in dozens of patients. On Monday, the FDA warned patients taking Byetta to discontinue use if they develop symptoms of the disorder. Further the FDA said that doctor prescribing Byetta should consider other prescription options for patients with a history of pancreas problems.

Since Byetta was introduced into the United States in 2005, more than 700,000 patients have used the Byetta.

Our lawyers are now exploring potential Byetta lawsuits. If you would like to discuss your case with a Byetta lawyer, call 800-553-8082 or click here for a free consulation/case evaluation (or even to answer any question you may have). For more information on Byetta and the concerns with Byetta, click here.

Last week, Digitek manufacturer Actavis Totowa recalled over 65 different drugs made at their New Jersey manufacturing plant. The list of recalled drugs (in some form or another) includes such generic drugs as Bellamine, Buspirone, Carisoprodol, Oxycodone Meperidine, and Rifampin. This strengthens the conclusion that the New Jersey plant that made these drugs may be the cause of irregularities in Actavis medications.

In April 2008, Actavis recalled Digitek, a drug prescribed to treat heart failure and irregular heartbeat because it was discovered that Digitek tablets appeared to have double the thickness – and likely double the active ingredient – listed on the label. When Digitek is given in abnormally high doses it can lead to digitalis toxicity which, paradoxically, worsens the problems Digitek is intended to treat, causing nausea or lower blood pressure and other side effects from the Digitek overdose that can lead to the increased risk of stroke or a heart attack.

If you would like to speak to a Digitek recall lawyer about a potential Digitek lawsuit, call 1-800-553-8000. For more information on the Digitek overdose recall or a free consultation on your potential Digitek case, click here.

Zimmer's Durom Cup hip implants are likely to be the subject of a good number of lawsuits from patients with the Zimmer implants. But they will not be the only ones. Apparently, Zimmer’s own shareholders may agree that Zimmer left its hip implant on the market way too long. Last week, shareholders of Zimmer stock filed a class action in Indiana. Interestingly, the lawsuit seeks damages for shareholders who purchased stock between January 28, 2008 and July 21, 2008. This tells our Zimmer hip implant recall lawyers that these shareholders believe that Zimmer knew or should have known and issued a recall on or before January 28, 2008.

If your Zimmer Durom hip resurfacing cup was defective, call our Zimmer hip implant lawyers at 1-800-553-8082 or click here for a free consultation.

More information on the Zimmer Hip Implant Recall
History of the Zimmer Durom Cup Hip Implant Recall
More information on the Zimmer hip implant recall lawsuits

Jury Verdict Research(r) study reports that rotator cuff injuries reached a 7-year high in 2006 with a compensatory award median of $72,667. This is almost 50% higher than previous reported settlements and verdicts in rotator cuff injury cases.

Our lawyers have never understood while the national data in these cases was so low. Washington D.C. rotator cuff injuries have averaged well over $100,000 for rotator cuff settlements and verdicts so we have never understood why the national average was as low as it has been. In any event, for whatever reason, rotator cuff verdicts are on the rise.

Our lawyers handle rotator cuff injury cases throughout the United States. Our lawyers have handled scores of rotator cuff injuries in car and truck accidents, typically in side collision or "T-bone" accidents. Our lawyers believe that insurance companies do not give fair value in most rotator cuff injury cases and our lawyers will fight to get you the financial compensation you deserve. Call a rotator cuff lawyer to protect you at 800-553-8082 or click here for a free consultation and case evaulation.

Related Posts

What Is the Value of Your Personal Injury Claim? (how the value of rotator cuff and other person injury settlements are calculated)

Sample Demand Letter (sample letter demanding settlement in a personal injury case)

Handling Your Claim Without a Lawyer (tips and pratfalls)

Lawyers representing Digitek overdose victims have filed nine lawsuits in New Jersey against Actavis Totowa LLL and its parent company Actavis Group, alleging a manufacturing defect in Digitek, namely that some Digitek tablets have contained twice the active ingredient of the drug. Digitek recall lawsuits have also been filed in West Virginia and California.

Our Digitek recall lawyers are reviewing these Digitek overdose cases in all 50 states expecting that a consolidated class action lawsuit will be appropriate (as opposed to this scatting of individual cases). If you want to discuss your case with one of our Digitek lawyers call us at 800-553-8082 for a free consultation or click here for a free Internet consultation.

The Georgia Court of Appeals has ruled that a wrongful death action on behalf of family of the county court reporter killed in the March 11, 2005, courthouse shootings may file a negligence lawsuit against the Fulton County sheriff. At issue was whether Fulton County Sheriff Myron E. Freeman is a "county employee" protected from negligence lawsuits by the workers' compensation statute. Reversing the trial court, the Georgia Court of Appeals found that Sheriff Freeman is not an employee but instead “an elected constitutional county officer."

A trial judge in Fulton County, Georgia has struck down Georgia’s cap in medical malpractice cases, if in fact in the legislature’s cap of $350,000 for non-economic damages was unconstitutional in its affording of special protections to doctors.

My guess is that this new rule is not going to spin because the Georgia Supreme Court will not agree. Practically, it may be a bad thing for injury victims if they do, because it would not be surprising to see Georgia Legislature respond by extending the cap on damages to old tort victims as opposed to singling out victims of medical malpractice.

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