Atlanta Injury Lawyer Blog

The Value of Life

Fri, 20 Apr 2012 09:43:24 -0500

In a few days I will be asking a Fulton County, Georgia jury to return a verdict for the plaintiff for the full value of the life of a young man who was 31 years old when he died, a husband and a father of two young sons. What the value of life is is a subject I contemplate often, given the fact that I find myself trying so many wrongful death cases in Georgia these days as a plaintiff's personal injury lawyer.

Interestingly, in Georgia, the jury is to view the value of life from the decedent's eyes, not from their own and not from loved one's. We typically show that by having friends and family come into court and testify about what the decedent enjoyed doing, how he spent time with his friends and family, his Faith, his priorities in life, his values, his moral character, his love. In Georgia, we have the Wrongful Death Act, "§ 51-4-2. Homicide of spouse or parent; survival of action," in which the negligent death of a person is called an "homicide." The surviving spouse is allowed to bring the cause of action and if there is no surviving spouse, the decedent's children bring it and if there are no children, the decedent's parents bring it and if there are no parents an appointed administrator brings it. Under Georgia law, O.C.G.A. § 51-4-1, the "full value of the life" is defined as follows: “Full value of the life of the decedent, as shown by the evidence” means the full value of the life of the decedent without deducting for any of the necessary or personal expenses of the decedent had he lived.

And therein lies the conundrum...because really, isn't a life priceless? If you Google "value of life" there are plenty of ideas on what that means, but very little on what's it's worth. There is even a Wikipedia entry on "value of life." This is what Georgia juries must do in every courthouse in the State of Georgia on a weekly or at least monthly basis...determine the value of someone's life in real money, not terms of art. And we plaintiffs' attorneys trust that juries make the right decisions. We know juries take their solemn oath seriously and work hard to do justice and impartially find the right outcome. We cannot, as citizens, ask for more.

We know there is both an economic component (how much did the person make? what would have been his lifetime income?) and a noneconomic component, intrinsic in nature, hard to quantify in dollars, but which we know has extreme value. In fact, it is arguably worth more than the economic part, because we all know when we are on our death bed we don't say "I wish I had spent more time at the office." The folks at Harvard Law School I guess disagree with me because they are so smart they even figured out a mathematical formula to determine the value of life. Kenneth Feinberg, the attorney responsible for parceling out settlement money to 911 victims and the attorney responsible for determining the value of claims in the BP Oil spill has had to ponder the value of life. Mr. Feinberg believes all lives are worth the same. I am not willing to agree to that. Some people don't value their lives all that much, like the person who crosses I-285 on foot, or the person who doesn't make sure his fire alarms work, or the person who crosses an intersection while talking on his cellphone or texting. When you truly value something you take care of it, you protect it, you honor it.

Next week when I ask the Fulton County jury to return the full value of my client's life, you can bet I won't be using Harvard's mathematical formula. I'll be asking the jury to return a verdict that speaks the truth about the sacred worth of a human being.

Georgia Trial Lawyers Association Annual Convention and Seminar, May 10-11, 2012

Sat, 14 Apr 2012 13:16:42 -0500

On May 10-11 I'll be at the Georgia Trial Lawyers Association (GTLA) Annual Seminar and Convention held at the Loews Hotel in Midtown Atlanta. This is ground zero for the best trial lawyers in the State of Georgia. I am speaking on the power of cognitive neuroscience use at trial. I will also be introducing our Thursday luncheon speaker, Professor Curtis Wilkie, author of Fall of the House of Zeus, about the rise and fall of Dickie Scruggs who was once, arguably, the most powerful trial lawyer in the world but who is now serving time in prison. I will also be introducing our Friday luncheon speaker, Dr. Paul Voss, Founder of Ethikos, Inc. who will speaking about the ethics of decision making.

I always enjoy the fellowship of my fellow Georgia Trial Lawyers and find simply being with them inspires me to continue to fight the good fight, finish the race and keep the Faith.

Txt U L8r: Distracted Driving Continues to Cause Wrecks and Injuries

Thu, 05 Apr 2012 13:55:22 -0500

Despite attempts by numerous State Legislatures, including the Georgia General Assembly, to reduce distracted driving by making it illegal and imposing heavy fines on those who violate those laws, distracted driving continues to cause wrecks and personal injuries. The Georgia Legislature made illegal texting while driving (TWD) and yet I personally observe many Georgia drivers still holding their phones or Blackberries at the top of their steering wheels texting while driving, often at high rates of speed, on Ga. 400, the Downtown Connector, I-75 and I-85. It is infuriating.

A study by Virginia Tech Driving Institute revealed that those who resort to texting while driving are 23 times more likely to meet with an accident. A comparative study of texting while driving versus drunk driving statistics published in a leading car magazine in the United States revealed that texting while driving is even more dangerous than drunk driving. Studies reveal that a person who is texting while driving at the speed of 35 mph will cover 25 feet before bringing the car to a complete halt as compared to a distance of 4 feet which a drunk driver would cover at the same speed. According to the texting while driving death statistics compiled by the National Highway Traffic Safety Administration (NHTSA) 5,870 people died in car crashes in 2008 alone. The same statistics revealed that 515,000 people were injured in various car crashes in the United States. Around 28 percent of all crashes in 2008 were caused by drivers in the age group of 18 and 29, who admitted to texting while driving. The popular belief, that the number of teenagers texting while driving is more as compared to adults, got a major blow when the texting while driving statistics 2010 compiled by Pew Research Center revealed that 47 percent of the adults resort to texting as compared to 34 percent of the teenagers. The same stats revealed that 75 percent of the adults resort to phone conversation while driving as compared to 52 percent of the teenagers.

There are numerous tools a driver has at his or her disposal now to prevent distracted driving. One such tool is an application you download on your phone that reads an incoming text to you, either on your phone's speaker or your bluetooth device. For example, I have downloaded on my Blackberry an app called "Txt U L8r." It is a free app created by Car and Driver and Chrysler that reads any incoming text to you while you are driving. I use a Bluetooth hands free device while driving and so this app reads an incoming text to me through my Bluetooth device. The app turns on automatically whenever I turn on my Bluetooth. I have to listen to a brief advertisement first that simply says "This message is brought to you by Chrysler" and then a nice voice reads the text. Then that same app sends an automatic reply text that reads: "I heard your message read by the Car and Driver Txt U L8r app and will get back to you when I'm done driving. Drive Safely. Sponsored by Chrysler." I have received many compliments about using this app. Every time a friend of mine receives it in response to a text they send me, it sets a good example and makes folks think about what they are doing to eliminate distracted driving.

The Chrysler Txt U L8r app is just one of several free apps on my Blackberry. You can also download this free Car and Driver app from the internet. There are probably similar apps on your phone. Just browse the available apps and download onto your phone a similar app that will help you eliminate distracted driving. A simple Google search finds numerous texting while driving apps, e.g., Drivesafe.ly.com. There also apps that forcibly stop your teenager from texting while driving. Some of these apps work by disabling your phone's ability to text while driving. Even some major insurance carriers, like State Farm Automobile Insurance Company, are getting into the act with their very own texting while driving apps in an effort to eliminate distracted driving and thereby eliminating car wrecks.

With so many free tools at our disposal, TWD (texting while driving) has GTG (got to go). It will save lives.

Wrongful Death DUI Civil Suit Settled

Fri, 16 Mar 2012 11:45:11 -0500

As a plaintiff's personal injury lawyer in Atlanta, Georgia who handles a great deal of wrongful death lawsuits from car wrecks and various motor vehicle accidents, I have been watching with interest the coverage of the wrongful death case in Florida involving millionaire John Goodman. Mr. Goodman is currently on trial for DUI manslaughter in which it is alleged he caused the death of another individual in a car wreck while driving drunk. Mr. Goodman, not surprisingly, denies the charges.

Mr. Goodman has well known and highly skilled trial counsel, Roy Black, who represents the wealthiest of the wealthiest Americans when they find themselves in trouble. Mr. Black is presenting a very creative, unique defense, i.e., that Mr. Goodman got drunk AFTER the wreck and was not drunk when the wreck happened and that something malfunctioned with Mr. Goodwin's Bentley, a very expensive car, causing it to accelerate uncontrollably.

News comes out today that a civil suit against Mr. Goodman by the family of the decedent has settled. This is good for the family of the decedent. It gives them a little sense of closure, to the extent that can ever be had, and gives them a sense of justice, hopefully. In our Civil Justice System, the only justice that can be had by someone wronged is money damages, and there should be no apology made for that, because a jury can not bring a loved one back to life. All a jury can do is to make the wrongdoer pay money damages for justice.

The defense regarding the malfunctioning Bentley may open up an avenue of justice for the family, too. If there is real expert witness testimony that the Bentley did, in fact, malfunction and run out of control on its own, the family would be able to bring a viable case against the car manufacturer. It sounds like through the good work of defense attorney Roy Black half of that work may already be done, because no doubt he has already obtained expert testimony on that issue. Ironically, his client, Mr. Goodman, would be a star witness in a products liability case against Bentley brought by the family of the person Mr. Goodman killed.

Products liability or products safety cases are complex litigation and expensive to bring and prosecute, but given that a person died in this wreck involving this Bentley, the cost and time would be justified. A key to a viable cause of action would be preservation of the Bentley and lack of alcohol or drug use by the decedent. Also key would be evidence that Bentleys had a history of this sort of unexpected acceleration. But a quick Google search turns up no such evidence.

I'll continue to watch this interesting trial closely. I don't think the resolution of this will come for a long time. You can get a feel of how everyday Americans are viewing the defense in this case simply by searching for articles about the trial online and reading some of the comments from around the country. It doesn't seem like most observers are buying it.

Magnet Toys Are Extremely Dangerous for Children

Tue, 06 Mar 2012 16:42:29 -0500

I saw today that a child survived swallowing 37 magnets, so powerful they had twisted and blocked her intestines. These were Buckyballs, which the company says are toys for adults, not children. I doubt children know they are for adults, only. They certainly look like toys that children would want to play with. Even though the company says they are not "toys," some of these magnets were recalled last year for failure to comply with Federal toy standards.

There simply is no legitimate reason for magnets so strong that they can twist and bind a person's intestines. These are inherently dangerous around toddlers. The Consumer Product Safety Commission reports that 22 incidents involving magnets and children from June 2009 to October 2011, with 11 of those requiring surgery to remove the magnets. This includes the Magnetix brand of toys, which has caused the death of many children who have swallowed the magnets. After it became known that Magnetix magnets were killing many children, the manufacturer, Mega Brands, decided to include a warning on the package that stated: "Caution: do not ingest or inhale magnets. Attraction of magnets in the body may cause serious injury and require immediate medical care." Does this go far enough? Or does it just touch the surface?

The Consumer Products Safety Commission, cpsc.org, has been warning us for years now about the hazards of magnets, how easily they can be swallowed by a child, and how quickly and irretrievably they can cause such severe damage when ingested. I have mentioned the CPSC before, but it is a good idea to check their website, cpsc.org, on a regular basis to learn about new recalls of dangerous products. Another good source of information on dangerous toys is the Kennan Kids Foundation, created by my good friend, Don Keenan, a fellow trial lawyer here in Atlanta. The Keenan Kids Foundation keeps abreast of hazardous toys available in America and alerts parents to their dangers. It is a very helpful website of up-to-date information about what is a safe toy and what it not.

The warnings obviously don't go far enough; otherwise, no parent would ever let these magnets even close to their children. And yet children are still being injured by them. Which begs the question: Shouldn't these magnets just not be sold anymore?

Traffic "Calmers" Can Prove Deadly

Thu, 02 Feb 2012 14:59:53 -0500

Yesterday was a bad rush hour in Atlanta, with constant rain and poor visibility. Already bad traffic was made worse by the rain. It presented the right conditions for lots of car wrecks. I was heading home a little early but it was still just dusk...still enough light for street lights not to be on, but dark enough to present a real hazard to the Atlanta motoring public, especially with the rain. A driver directly in front of me on East Rock Springs Road in Atlanta, without any warning or explanation, ran right over a traffic calmer that looked similar to the one in the photo above. But this one was not exactly the same, because it didn't have the proper markings or signage as the one above does. This driver ran right on top of the calmer, flattening three of his tires, knocking various things off his car and causing sparks to fly in the air. He couldn't have been going faster than 30 m.p.h., because that's how fast I was going and I was right behind him. That touch up with the "traffic calmer" undoubtedly cost that young man a lot of money in repairs to his car. Not much of a "calmer" to him! Fortunately, he didn't seem to be injured.

There is a manual that all road engineers and departments of transportation, including the Georgia Department of Transportation, must follow when installing these obstacles in the middle of a perfectly good street. It is the Manual on Uniform Traffic Control Devices, known as the MUTCD, and it mandates that traffic calmers must have sufficient markings and signage to warn drivers of its existence. The fact that this unsuspecting driver yesterday drove right on top of the thing suggests this one was not properly marked. There are many ways to mark a traffice calmer to warn drivers, including reflectorized tape around the curb, or even delineator posts, as shown below.

This accident yesterday I saw harmed only the car, but it is not difficult to understand how these "calmers' can do the exact opposite of what is intended and actually cause harm to a driver. These things are seemingly being installed everywhere these days. New ones have just been installed on 14th Street and Peachtree Street in Midtown between 14th and 15th. I have to try to avoid running over them every day. One particularly hazardous "calmer" is found on Peachtree Street in Buckhead near its intersection with Piedmont Road. It proved deadly when it lacked any lighting, lacked any reflectorized tape or paint, lacked any delineator posts and had no signage. Drivers at that time didn't stand a chance against it.

Promoters of beautification of our Atlanta streets may argue these traffic calmers improve safety...but I am not convinced. Having an obstacle course in the middle of a street for Atlanta drivers to have to avoid doesn't seem like a good idea to me.

Is Georgia State Trooper Liable for the Car Wreck He Causes?

Tue, 17 Jan 2012 16:29:56 -0500

In the wake of the tragic New Year's Eve car wreck that killed Kathy Porter, the wife of Atlanta Braves trainer, Jeff Porter, many lay folks have asked me, since my practice in Atlanta is exclusively plaintiff's personal injury, whether the Georgia State Patrol or the individual Georgia State Trooper would be liable for causing this wreck. There seems to be absolutely no dispute the Georgia State Trooper was at fault in causing this wreck. http://www.ajc.com/news/atlanta/witness-gives-account-of-1283677.html The question arises, however, whether the State of Georgia would be liable for the State Trooper's recklessness? Or would the State of Georgia be able to avoid liability by asserting the doctrine of Sovereign Immunity, which allows the State in some instances to avoid civil liability completely?

The Georgia State Tort Claims Act (GTCA) allows injured individuals to hold the State of Georgia responsible for their injuries caused by the negligence or carelessness of State actors/employees in limited scenarios. First, the injured party must give the State of Georgia and the agency involved "ante litem notice," or notice of the intent to bring a claim against the State, within 12 months of the negligent act or incident. Then the negligent act must fit squarely within the types of act for which the GTCA allows liiability; there are many exceptions in the statute itself.

And there are some trade-offs for even being able to bring suit against the State of Georgia. For example, one such trade-off is that the State's liability for anything, no matter how egregious the conduct, is limited to $1 Million dollars. That means in any case in which a State employee's negligence results in the death of another human being, the most the family of the decedent can recover is $1 Million dollars. And surely we can all agree that the value of the life of anyone is greater than a mere $1 Million dollars. Another such trade-off is the State of Georgia can never be punished by punitive damages, regardless of how unconscionable the subject incident was. For example, in the Kathy Porter case, there is evidence that this particular State Trooper had caused four prior wrecks. If we were talking about a private corporation's employee who had caused four prior wrecks and killed someone in his fifth, a jury could decide to punish that corporation for continuing to employ that reckless employee by awarding punitive damages against the employer. Not so against the State of Georgia.

So, although there may never be full and complete justice for the Porter Family for the wreck caused by the Georgia State Trooper, there is at least some measure of justice available thanks to the Georgia Tort Claims Act.

Abandoned Property Is Often An Invitation to Crime

Fri, 09 Dec 2011 16:10:12 -0500

Just hours after I blogged about the killing of little Jorelys Rivera, we all learned that the perpetrator was an employee of the apartment complex where Jorelys lived. The horrible crime occurred in a vacant apartment that perpetrator knew was vacant and had easy access to, especially since he was the apartment's maintenance man. Before I knew any of this, I had already suggested that whoever had done this horrific deed had access to the vacant apartment and knew it was vacant, essentially giving the perpetrator the perfect placd to committ his crime. How did I know before the GBI ever disclosed these facts to the public? Because this is a fact pattern that often repeats itself and as a plaintiff's personal injury lawyer in Atlanta, I see this in the civil premises safety cases I bring for clients.

Now I read in the Atlanta Journal and Constitution online today a story about another hideous crime, this time the rape of two women. I have often represented such crime victims in civil personal injury lawsuits here in Fulton County, Georgia, against the negligent property owners. Property owners, especially commercial property owners like the apartment complex where Jorelys was killed, know that vacant, abandonded property is a haven for crime. These property owners have a duty to eliminate that risk, to use ordinary care to keep the premises safe. These owners cannot claim they had no idea that a unforseen criminal attack would occur on their property, because they absolutely know if they have vacant property that a criminal can easily gain access to, they are essentially aiding and abetting the crime by furnishing the scene of the crime. This is what happened in these two rapes in Atlanta today and this is what happened in the death of Jorelys Rivera. And with so many homes in Atlanta and in Georgia under Foreclosure now, the problem of anbandoned property is growing.

Apartment Complex May Have Civil Liability in Abduction of Seven Year Old Canton Girl

Tue, 06 Dec 2011 13:03:15 -0500

The news this week of the tragedy of the death of seven year old Jorelys Rivera was horrifying. Little Jorelys Rivera had been playing on the playground at her apartment complex, River Ridge, in Canton, Georgia, told friends she was going back to her apartment to get a drink, and never returned. Her little body was found in a nearby garbage dumpster yesterday. There was evidence that Jorelys' abducter had sexually abused her and stabbed her.

Investigators with Georgia Bureau of Investigation (GBI) now report they found blood in a vacant apartment in the River Ridge Complex. This is crucial evidence, as it perhaps not only indicates the exact place of the death, but also implicates liability on the apartment complex for having a vacant apartment that was accessible to anyone, including Jorelys' abducter. Further, it indicates her abducter may have known in advance of the vacancy of the apartment and his easy ability to enter it without a key and without any apparent force. Additionally, the playgound from which she was abducted was owned by River Ridge.

Under Georgia law, O.C.G.A. Section 51-3-1, a landowner has a nondelegable duty to keep its premises and approaches safe. This means they can't pawn this duty off on someone else. Property owners are under a duty to take reasonable precautions to protect invitees from dangers which are foreseeable from arrangement and use of premises. In this context, any renter and any family member of the named renter living in the rented apartment would be considered an "invitee" for these purposes, to whom the landlord owes the highest duty of care, that of "reasonable care." Thus, from the mere fact that this child's abducter ostensibly knew of this vacant apartment and knew that he had unfettered access to it away from witnesses indicates to me that the landlord must not have exercised "reasonable care" to keep the premises safe so as not to allow a vacant apartment be used for criminal purposes. Landlords must be trained to be diligent in blocking access to vacant apartments or vacant buildings, as statistics show that criminal abducters are more likely to abduct someone if they know in advance they have access to a place to take their victim.

This story is so heartbreaking, and my prayers go out to the Rivera Family for comfort and healing. It should be kept in mind, however, that but for the negligence of the landlord, this crime might never have happened.

Talking on Phone While Driving Distracts Georgia Driver, Kills Two Teenagers

Fri, 26 Aug 2011 16:05:55 -0500

I often represent the familes who have lost loved ones in car wrecks on Metro Atlanta roads. It is always a painful time as they share with me the details of their loved one's death. Last night's killing of two teenagers by a distracted driver must be one of the worst things these two families have ever gone through and my heart goes out to them. Last night two teenagers were killed while walking in the emergency lane of Georgia Highway 138 in Stockbridge, Clayton County, Georgia. A third teen was struck in the same collision and remains hospitalized in critical condition.

We all know by now that texting while driving (TWD) is illegal. But there is strong evidence that simply talking on a cell phone while driving is just as distracting. In the Clayton County collision last night, the at-fault driver apparently was arguing with her husband on the phone. This argument or "conversation" was distracting enough to cause her to leave the laned highway, go into the emergency lane and strike three pedestrians, hard enough to kill two and seriously injure one. What in the world is going on here in Georgia with distracted driving? This is a problem that should worry us all, whether we're in another car or pedestrians.

The hitting of pedestrians in Atlanta and Georgia has become all too commonplace. Just two weeks ago a man was sentenced to 20 years in prison for vehicular homocide in striking and killing a pedestrian in Carroll County, Georgia. Earlier this month a Georgian citizen who was a pedestrian was struck and killed by a car on Savannah Highway. Most of us have heard about the mother in Cobb County whose child was struck and killed as a pedestrian crossing busy Austell Road and the Cobb County District Attorney proscecuted the mother for vehicular homocide, even though she and her children were pedestrians.

Statistics show that nationally, from 2000-2009, 47,700 pedestrians were killed in the United States, that’s nearly 400 deaths a month. In addition, 688,000 pedestrians were injured during those years. Unfortunately, Georgia ranks 10th in the United States for danger to pedestrians. Between 2000 and 2009 1,545 people were killed while walking in Georgia, which cost the state $6.64 billion. Reducing pedestrian fatalities just 10% would have saved Georgia $664.35 million over 10 years. Georgia's overall Pedestrian Danger Index (PDI) is 102.9, which ranks 10th out of 50 states.

Keep in mind these are all preventable deaths. This is way too high of a death rate for Georgia pedestrians. The Georgia Legislature needs to address this epidemic of pedestrian deaths in our state. You shouldn't die in Georgia just trying to cross the street.

Precious Georgia Teen Saves Lives Through Organ Donation

Fri, 19 Aug 2011 15:30:42 -0500

In my personal injury law practice here in Atlanta, I have had the honor of representing individuals who are in need of a transplant. The recipients of these vital organs know that while they rejoice in the gift, another family had to suffer a tragic loss for the organ even to be available.

Such a tragic loss occurred to the Dillard Family of Gwinnett County yesterday. Jhrarell Dillard, a fifteen year old junior in high school, died yesterday after eating a cookie that unknowingly contained nuts. Jhrarell had a known severe allergy to peanuts. Jhrarell immediately went into antiphalactic shock and died from eating the cookie. His parents, at a time that must have been excrutiateingly painful for them, chose to donate his organs. Jhrarell has apparently already saved seven other lives through donation of his organs. Truly amazing. I know those seven lucky families are rejoicing today in their gifts of life, but we must continue to hold the Dillard Family in our prayers as they mourn the loss of their son.

I have written before about the importance of being a donor. Please, I urge all Georgians to sign their driver's licenses to agree to donate any useful organs in the event of your unexpected death. This is a decision that really has to be made well before a truamatic event occurs. If you wait to decide, it may be too late. There are many resources in Georgia from which to learn more. LifeLink is one such donation organation. Georgia Transplant Foundation is another. The Donate Life Georgia Organ, Tissue and Eye Donor Registry was created in 2008 to allow Georgians an easy and user-friendly means of joining the state’s donor registry. Georgians can join the registry through the Web site, when renewing their driver license online, or when obtaining/renewing their license at a local driver license office.

You have the power to donate Life! Imagine that! The life you save may be your own.

Alarming New Study on Georgia Hospital Infection Rates Opens Discussion for Healthcare Law Reform

Mon, 11 Jul 2011 12:13:29 -0500

As a plaintiff's personal injury attorney who handles Georgia medical malpractice cases, it has always troubled me that Georgia hospital infection rates have never been accessible to the common consumer. Patients are left in the dark about which hospitals offer safe environments in terms of deadly infection rates. This may soon change. A new medicare database has recently issued an unprecedented study on hospital infection rates in Georgia that will finally shed light on this controversial healthcare topic.

Georgia currently has no laws requiring hospitals to disclose their infection rates to the public. Instead, the Department of Community Health (DCH) exclusively monitors infections and works with the CDCP to address any issues or causes for concern. This leaves the public completely ignorant and, therefore, incapable of making an informed decision about which hospital can offer the safest facilities.

I will never understand why restaurants are required to post their health inspection scores for all to see, but hospitals, where people entrust their own lives, have the luxury of withholding their uncleanliness and infection rates from the public. I think I speak for many when I say that having peace of mind before entering surgery is perhaps a little more important than having it before eating a sandwich at the local deli.

GHA and other defendants of the current system claim that hospitals must remain “cautious” about public reporting because an accurate method for comparison has yet to be developed. I’m not buying this at all. How difficult can it be to formulate a fair and balanced method for public disclosures? The 28 states that already require public disclosure of infection rates figured out a viable method. The State of Georgia should be able to as well.

Speaking of “fair,” Kevin Boyle, the spokesperson for the Georgia Hospital Association, was quoted in the Atlanta Journal-Constitution, stating, “More transparency is what the public wants, and we’re responsible to that.” “But the key is what report is right and fair to each of the stakeholders involved.” Are you kidding me? So let’s concentrate on what is fiscally fair to the “stakeholders” involved before we can even think about what is right for the patients? This is absurd. Georgia Government and its infection-ridden hospitals should be more concerned with disclosing vital information pertinent to the safety of their patient’s lives.

Proof of the current system’s flaws can be found in a new federal database at www.hospitalcompare.hhs.gov. Released by medicare, it provides the public with report rates of 2 types of infections and 6 other preventable conditions The study was conducted using billing records from medicare patients. This is the first and only source available for Georgians when it comes to infection rates in their hospitals. Georgia Watch, a consumer watch-dog in Georgia, has been hot on the issue of hospital-acquired infections for years now, with the rights of Georgia citizens to know at the forefront of their mission.

Not surprisingly, hospitals across Georgia have responded with vicious attacks of the study. Opponents assert that the study lacks scientific validity because it was based on imprecise and outdated billing information that fails to account for the varying conditions of each hospital’s patient population. The true reason for such widespread dissent, however, perhaps resulted from the embarrassing results.

Studies from the database show that most Atlanta hospitals had at least one case of potentially deadly catheter-related blood stream infection or “central line” infection. Bringing in the rear is Emory Hospital, which boasts the highest infection rate in the state and one of the highest in the nation. Typically, hospitals may report 1-3 central line infection cases per year. Emory had 36, earning 4th place for highest central line infection rates out of 3,300 hospitals nationwide.

These reports released by Medicare may not portray the most accurate depiction of the safety of our hospitals; however, as long as patients have no other alternate source of information, then it’s the only measurement that can be taken into consideration when trying to determine the safest hospitable. In the United States, an estimated 100,000 deaths per year are attributable to these types of infections. That’s more than breast cancer. Hospitals and lawmakers across the State of Georgia should use this as a wake-up call and an opportunity to minimize preventable deaths by finding solutions to this infectious epidemic. Georgia citizens deserve better.

Sources:

http://www.ajc.com/health/when-the-treatment-makes-974175.html

http://www.ajc.com/news/georgians-kept-in-dark-975123.html

http://www.hospitalcompare.hhs.gov/

Georgia State Agency Admits Failure Regarding Day Care Van Death

Mon, 27 Jun 2011 18:57:05 -0500

Georgia Department of Early Care and Learning is drafting an emergency rule change one week after the death of 2-year-old Jazmin Green, according to WSB-TV. My question, as an Atlanta plaintiff's personal injury trial lawyer, is this: Why does a child always have to die first before our Georgia Agencies do their job? The job they were created to do in the first place? How many Georgia children have to die before Georgia Agencies like Georgia Department of Early Care and Learning (DECAL) or Georgia Department of Family and Children Services (DFACS) do what they are supposed to do, i.e, protect Georgia children?

The death of Jazmin Green was a horrible realization that these State Agencies are woefully inadequate and give "protection" of Georgia children lip service. Little Jazmin simply should not have died if DECAL had not been asleep at the switch. Yet DECAL knew of potentially death-causing deviations of the required standards by this day care center, Marlo's Magnificent Day Care, as evidenced by DECAL's own inspection reports, and did nothing. A civil wrongful death suit can be brought against Marlo's, as it should be, for the wrongful death of Jazmin. But no such civil suit can be brought at DECAL due to sovereign immunity. We know, however, that a civil jury would do the proper thing to DECAL to get its attention and tell DECAL what it is doing regarding the safety of our children is not working. A jury made up of mothers and fathers would let DECAL know what it did wrong here, but, unfortunately, that won't happen. The parents of Jazmin need justice. Her heart has now been sealed for thy courts above. The Courts here in Georgia need to render justice for those Jazmin left behind.

GEORGIA DAY CARE'S NEGLIGENCE RESULTS IN WRONGFUL DEATH OF 2 YEAR-OLD IN AN UNATTENDED COMPANY VAN

Wed, 22 Jun 2011 15:43:22 -0500

As an experienced Atlanta, Georgia trial lawyer, I’ve successfully argued numerous day care personal injury and wrongful death cases over my years of practice. Nothing is more heartbreaking and frustrating than a preventable death, especially if the victim happens to be a child. So when I first learned of the recent news that a 2 year-old girl died under the noses of local day care employees, my heart sank.

The victim was left unattended for nearly two hours in a van, where temperatures quickly soared to a sweltering 140 degrees. Confined by the straps of her car seat with no means of escape, the child was left to suffer a lengthy, horrific end to such an abbreviated life. Police arrested Marlo Maria Fallings, the administrator of Marlo’s Magnificent Early Learning Center near Jonesboro, Georgia and her staff member, Quantabia Shantell Hopkins, on Tuesday, June 21. They are both being charged with involuntary manslaughter, cruelty to children and reckless conduct. They have already been released on $35,000 bond. These charges certainly fit the crime, however, more action needs to be taken in order to send a message to day care centers throughout the state that negligent conduct is a serious offense and will not be tolerated.

There may have been warning signs about the Clayton County Day Care Center. In March, Bright from the Start, the State agency that regulates day care centers, cited the center for not documenting a field trip and the children who were transported, according to the report. The report itself says the regulation was only "partially met" but, really, it was totally unmet. The report states:

"Finding 591-1-1-.36 (6)(d) requires that at the completion of every trip, a check must be made to assure that no child remains on the vehicle. The center staff did not initial or document the field trip form for children transported on October 26, 2010. POI (Plan of Improvement) The center will instruct staff regarding this safety measure. Correction Deadline - 03/01/2011"

So, this day care center didn't document any child getting on OR off the day care van and it obviously didn't remedy the situation by the March 1, 2011 deadline. Where was the follow up by the Georgia Department of Human Resources? This is egregious. In Tennessee, the Tenneesee Department of Human Resources this summer issued new reminders and warnings to day care centers about not leaving children behind in day care vans. “We know child-care providers share our concern about the need for increased vigilance during the hot summer months to ensure children are not left in vehicles,” DHS Commissioner Raquel Hatter said. As part of this increased vigilance, the Tennessee DHS licensing staff will be making extra visits to monitor child-care agencies. Where were the reminders from the Georgia DHS?

The next step toward justice, of course, should be civil action. Georgia law requires day cares such as the one in this case to check all vehicles after trips “to assure that no child remains in the vehicle.” Obviously, Ms. Fallings and her staff failed to abide by this simple statute and, therefore, should be held accountable.

I’m tired of hearing about preventable deaths such as this one that result from pure negligence. Last year alone, 49 children in the United States reportedly died from heat exhaustion while locked inside a vehicle. On a local note, Monday’s wrongful death was the second in metro Atlanta in less than a month involving a child trapped inside a vehicle. On May 25th, a five month-old girl died in a similar manner after being locked in an automobile for five hours outside a Kennesaw, Georgia day care center. These incidents are both preventable and unacceptable, and the responsible entities should be punished to the fullest extent of the law both civilly and criminally. My heart goes out to the parents of this little child.

Sources:
2 Accused of Day Care Death out of Jail

Robin Frazer Clark Sworn In As President Elect, State Bar of Georgia

Thu, 09 Jun 2011 22:38:17 -0500

FOR IMMEDIATE RELEASE CONTACT: Sarah I. Coole
June 6, 2011 Director of Communications
404-527-8700; 800-334-6865

Robin Frazer Clark of Atlanta Installed as State Bar of Georgia President-Elect

Atlanta – Robin Frazer Clark of Atlanta was installed as president-elect of the 42,000-member State Bar of Georgia on June 4 during the organization’s annual meeting at Myrtle Beach, S.C. Clark will be sworn in as the 50th president of the State Bar of Georgia in June 2012, becoming only the second woman to hold that office.
A solo practitioner, Clark represents individuals in matters involving personal injury and employment, automobile and tractor-trailer wrecks, premises safety, elevator and escalator cases, product safety, medical malpractice, legal malpractice and sexual harassment.
Clark is a graduate of Vanderbilt University and the Emory University School of Law and was admitted to the Bar in 1988. A past president of the Georgia Trial Lawyers Association, she moves into her new role with the State Bar having served on the Board of Governors, the Executive Committee and, for the past year, as secretary.
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The State Bar of Georgia, with offices in Atlanta, Savannah and Tifton, was established in 1964 by Georgia’s Supreme Court as the successor to the voluntary Georgia Bar Association, founded in 1884. All lawyers licensed to practice in Georgia belong to the State Bar. Its more than 42,000 members work together to strengthen the constitutional promise of justice for all, promote principles of duty and public service among Georgia’s lawyers, and administer a strict code of legal ethics.