The plaintiff, 49-year old Craig Walters, sustained injuries in May of 2008 at a Douglassville Kroger grocery store, after slipping and falling on a piece of smashed fruit on the floor. Falling directly onto his back, Walters suffered a spinal cord injury that resulted in extensive medical treatment and his inability to return to work. According to Walters’ attorney, Lloyd N. Bell, Walters had to undergo spinal surgery among other medical treatments, incurring a total of $135,000 in medical bills.

Lawyers representing Kroger alleged that the grocery store’s video surveillance was not directed to capture the area where the accident took place. They also claimed that all surveillance footage from the day of the incident had been taped over, due to a store policy of recording over surveillance tapes after 17 days of holding them.

Upon inspection, however, Walters’ attorneys discovered that there was in fact a surveillance camera directed on the spot where Walters fell. Further investigation revealed enough evidence that the video tape had existed and been intentionally destroyed to lead Judge Joseph Iannozzone to deduce that Kroger had been negligent, and to schedule a trial to determine the punitive damages owed to the injured customer. 

Slip-and-Fall Injuries

According to the National Floor Safety Institute (NFSI), an organization dedicated to “the prevention of slips, trips-and-falls through education, research and standards development,” slips and falls account for over one million hospital emergency room visits annually.While many of us may think of slip-and-fall injuries being restricted to older populations, these types of accidents can happen to anyone at any time. According to NFSI, slips and falls are the leading cause of occupational injury for people aged 15-24 years and are the leading cause of workers’ compensation claims overall.

Some slip-and-falls may result in nothing more than a sore behind and an embarrassed grin. But other accidents can lead to far worse injuries and even death. The National Floor Safety Institute reports that 5 percent of all slip-and-falls result in a bone fracture. Both the likelihood of both falling and sustaining injury from a fall increase with age; for people over 65 years old, 87 percent of fractures are a result of falling, and falling is the second leading cause of both spinal cord and brain injury in this age category.

Not only can slip-and-falls—both on and off the job—incur physical pain and expensive medical bills, they can also lead to financial losses due to missed work. The U.S. Bureau of Labor Statistics published a news release in 2011 that reported that following an on-the-job slip, trip or fall, employees had to miss an average of eight days of work. The financial, physical and emotional costs can be heavy burdens, becoming even more frustrating when it’s clear the accident could have been avoided. When an incident is the result of another person or organization’s negligent behavior, the victim deserves compensation.

Contact Us

If you or someone you love was injured in a slip-and-fall accident – either on the job or in a public or commercial space – you may be entitled to compensation for your injury. All too often, negligence on the part of the property owner can lead to unsafe conditions that cause slip-and-fall accidents, such as unmarked wet, slippery floors, or unattended spills. Contact the experienced attorneys of Childers, Schlueter & Smith to find out if legal action should be taken to compensate your losses.

Researchers at the National Institute for Occupational Health and Safety (NIOSH) surveyed nearly 7,500 nurses who became pregnant between 1993 and 2002. The women were asked how frequently they worked with particular equipment and chemicals such as anesthesia, x-rays, disinfectants and cancer drugs during each of their trimesters.

• Nurses who handled chemotherapy drugs for more than one hour per day were found to be twice as likely to miscarry.
• Nurses who handled sterilizing chemicals for more than one hour per day also were twice as likely to miscarry but only in their second trimester.
• Nurses who performed X-rays were about 30 percent more likely to miscarry than nurses who did not perform X-rays.

Chemo Drugs Dangerous Across the Board

Chemo agents have been classified as “hazardous drugs” by the Occupational Safety and Health Association (OSHA). In addition to the increased risk of miscarriage, the Centers for Disease Control and Prevention (CDC) warned that exposure to these drugs could cause:

• Liver damage
• Kidney damage
• Bone marrow problems could injure the heart and lungs and cause hearing loss
• Infertility
• Cancer

According to the American Journal of Obstetrics and Gynecology, the U.S. has over two million female nurses, making up four percent of the female workforce. The researchers stated that hospitals should do more to protect nurses from chemical exposure in hospitals, particularly during their first trimester of pregnancy.

Contact Us

If you or someone you know has been harmed by chemical exposure at work, you may be entitled to compensation. Contact us for a free consultation. Our attorneys specialize in workplace injuries, and can help you determine your legal options.

Researchers from the New York State Department of Health used the National Birth Defects Prevention Study for data, focusing on 2,853 infants born with birth defects and 6,726 infants born without defects. In the situations where the expectant mother used anti-inflammatory and/or bronchodilator asthma drugs, they found three particular types of rare birth defects that seem to increase in prevalence.

• Esophageal Atresia – Pregnant women who used bronchodilators more than doubled their risk of giving birth to a child with isolated esophageal atresia (a congenital birth defect where the esophagus fails to connect all the way to the stomach, requiring major surgery to ensure survival).
• Anorectal Atresia – Those using anti-inflammatory asthma drugs during the first trimester had more than double the risk of giving birth to an infant with isolated anorectal atresia (closed area of the rectum and/or anus).
• Omphalocele – For expectant mothers who took both types of asthma drugs combined, they faced more than four times the risk of giving birth to a child with omphalocele (an abdominal wall defect where some organs, including the intestines, develop outside of the belly button).

Anti-inflammatory asthma drugs are usually inhaled corticosteroids like Flovent and Pulmicort. Popular bronchodilators used for asthma include Albuterol and Combivent. The two types of drugs are used in combination in products such as Advair and Symbicort.

Pregnancy and Asthma

The Centers for Disease Control and Prevention (CDC) estimate that four to 12 percent of pregnant women have asthma, with three percent of pregnant women using asthma medications, including bronchodilators or anti-inflammatory drugs. Currently, doctors recommend that women with asthma continue to use medication to control their condition during pregnancy.

However, the potential safety risks involved with using asthma medications during pregnancy have not been thoroughly researched. According to the CDC, nearly one in every 33 babies is born with a birth defect. Birth defects are one of the leading causes of infant deaths, accounting for more than 20 percent of all infant death. The medical community must seek additional evidence of the safety or danger of asthma medicines so pregnant women can be properly informed.

Contact Us

If your child was born with a birth defect, your family deserves compensation. Contact our experienced personal injury attorneys  for a free evaluation of your case. We believe in finding justice for those injured by dangerous asthma drugs and other pharmaceuticals that are linked to birth defects.

The family of 2-year-old River Moore is suing Johnson & Johnson for his wrongful death. Daniel and Katy Moore of Ellensburg, Washington say their 2-year-old son died suddenly after they gave him Children’s Tylenol to treat a slight fever.

In July 2010, River had a fever and was administered Very Berry Strawberry flavored Children’s Tylenol. Shortly afterward, he began spitting up blood and was rushed to a hospital. Within hours his liver had failed, and he died the next day. The family’s lawyer, Joseph Messa, says the medicine contained excessive amounts of acetaminophen that damaged the child’s liver, leading to his death.

Massive Children’s Medication Recall

In April 2010, McNeil Consumer Healthcare issued a recall of over 40 over the counter infant and children’s liquid medication, because the medicines did not meet the required quality standards. Children’s versions of Tylenol, Tylenol Plus, Motrin, Benadryl and Zyrtec were all featured in the recall. McNeil stated that the recall was not due to adverse health reactions to the products, but advised consumers to stop using them.

A number of the medications may have a higher concentration of active ingredient than is specified on the bottle. Additionally, some may contain particles such as metal fragments or may contain inactive ingredients that do not meet internal testing requirements.

The Moores’ lawsuit suggests that the companies knew of problems with the children’s medications but engaged in a “stealth recall” to prevent the public from becoming aware of the potential dangers. The lawsuit alleges that Johnson & Johnson bought the drugs from stores on the sly without issuing a recall, keeping the general public in the dark. It remains to be seen how many children have suffered due to this irresponsible behavior.

Messa stated that in addition to wanting justice for their child’s death, the Moore family decided to file the lawsuit to raise awareness about the potential serious risks of the children’s medications produced by Johnson & Johnson and McNeil.

Contact Us

If you or a loved one suffered injury due to a dangerous drug, you have a right to be compensated. Contact our experienced personal injury attorneys  for a free evaluation of your case. We believe in finding justice for those injured by this dangerous drug.

On that tragic afternoon in October 2004, Nunziata slipped away from a group of residents at the center. Even though she had censors that alert staff of any movement, they did not notice she had left the area. After residents alerted staff that she was missing, they checked an emergency exit door stairwell and found Ms. Nunziata, still strapped in her wheelchair, at the bottom of the staircase. She died shortly after paramedics arrived.

Earlier this month, Nunziata’s family was awarded $140 million in punitive damages and $60 million in compensatory damages. The verdict was one of the largest nursing home negligence lawsuit payouts, if not the largest, in Florida history.

Chronic Understaffing Plagues Facilities

The U.S. Department of Health and Human Services published a report in 2009 stating that nursing homes understaffing was endangering the welfare of their patients.

Health officials concluded that understaffing in nursing homes has contributed to increased rates of severe bedsores, malnutrition, and abnormal weight loss among elderly patients. Further, a large number of those patients end up developing life-threatening infections, dehydration and other problems that could have been prevented had the nursing homes been staffed adequately, the study said.

The report recommended new federal standards to guarantee that patients receive a minimum of two hours of care each day from nurse’s aides, among other things. The study says that 54 percent of nursing homes currently fall below the proposed minimum standard.

During Nunziata’s trial, former staff testified that the nursing home was understaffed and that, before her death, she had suffered other falls, injuries and illnesses.

Contact Us

If you or a loved one has been a victim of elder abuse, you should contact our Georgia nursing home lawyers to see how they can help protect your legal rights. Our lawyers have the knowledge, experience and resources necessary to get you or your family member the compensation you deserve.

During the surgery, Olenick’s heart rate dropped to 40 beats per minute and she suffered oxygen loss as a result. The teen had no pulse by the time emergency medical technicians arrived at the dental office in Columbia, Maryland, on March 28,2011. She suffered brain damage and died ten days later.

The Olenick family has filed a lawsuit in Howard County Circuit Court, following an investigation into Jenny’s death by the state’s Chief Medical Examiner. The investigation found that the central cause of death was hypoxia, a deprivation of oxygen, which occurred while Jenny was anesthetized during the procedure. The dental malpractice lawsuit alleges that Olenick died due to the negligence of Dr. Krista Michelle Isaacs, the anesthesiologist, and Dr. Domenick Coletti, the oral surgeon.

Wisdom Teeth Surgery: Unnecessary danger?

A 2007 report in the American Journal of Public Health stated that of those who have undergone wisdom tooth (also called third molar) extraction, over 11,000 suffer permanent nerve damage causing numbness of the tongue, lips or cheeks. Other serious side effects can include:

• Jaw and tooth fractures
• Brain tissue infections
• Life threatening bleeding and hypoxia

Additionally, more than 11 million patients report over a week of “standard discomfort or disability”—pain, swelling, bruising and malaise.

“Third-molar surgery is a multibillion-dollar industry that generates significant income for the dental profession,” Jay Friedman, a retired California dentist, wrote in the 2007 report. ”It is driven by misinformation and myths that have been exposed before but that continue to be promulgated by the profession.”

In the United States, 10 million wisdom teeth are extracted from approximately 5 million people each year. The annual cost is more than $3 billion. Friedman stated that “at least two thirds of these extractions, associated costs, and injuries are unnecessary, constituting a silent epidemic of iatrogenic injury that afflicts tens of thousands of people with lifelong discomfort and disability.”

Contact Us

If you or a loved one has been a victim of medical malpractice, you may want to contact our Georgia medical malpractice lawyers at Childers, Schlueter & Smith, LLC to see how they can help protect your legal interests. Our experienced attorneys can help answer any questions you may have and the initial consultation is always free.

According to the Atlanta Journal-Constitution, Trooper Donald Crozier was fired this past Friday, January 6^th.  He released a statement regarding the tragic wreck and promised to cooperate with the current investigation.  Cozier said, “I am still suffering emotionally and physically as a result of the accident, but it is nothing compared to what the Porter family is going through.  I am so sorry for their loss and I think of them and pray for them every day.” 

This hasn’t been the first vehicle wreck Trooper Crozier has been in.  According to authorities, this is his fourth at fault crash since the end of 2008.  Disciplinary action was taken during these crashes.  In one of the accidents, Crozier just turned on his emergency lights and was actually looking down to activate the siren but then failed to yield the right of way to a vehicle making a left turn in front of him.  The Trooper was trying to stop a stolen vehicle. 

On New Year’s Eve 2011, the Trooper struck right into a sport utility vehicle the Braves trainer Jeff Porter was driving at the intersection of Capital Avenue and Memorial Drive.  On this day, Jeff Porter was driving with his wife Kathy Porter as a passenger and their son David and another passenger.  They were on their way to the Chick-fil-A Bowl when this vehicle crash occurred just after 4:30 p.m.  The Trooper says he was speeding on that day in order to assist in the chase of a motorcyclist on nearby I-20.  Jeff Porter’s wife, Kathy Porter was killed as a direct result of this motor vehicle crash. 

In the initial crash report released January 6^th, statements from witnesses at the scene said that the trooper “failed to use due regard when traveling through the intersection on a red traffic signal.”  According to another witness, the trooper “traveled around other vehicles that were stopped on Memorial Drive for the red signal prior to making impact” with the sport utility vehicle.  Other witnesses indicated that the trooper’s blue lights were flashing but no siren was heard. 

When Crozier made the statement, he said he was in law enforcement for 17 years.  As a result of this tragic crash and the trooper’s history, Crozier was terminated.  The motor vehicle crash is still under investigation.

Our thoughts are with the Porter family and friends.

The one witness to this horrific vehicle crash was Steve Bouye, an employee with the federal prison system in Atlanta.  According to the Atlanta Journal-Constitution, Bouye was just off of work and turning out of the BP gas station at the same time he saw a trooper’s cruiser zoom past him around 4:40 pm.  It was about seconds later when Bouye heard a very loud sound that sounded like a train crash. 

The trooper’s cruiser struck right into a sport utility vehicle that Jeff Porter was driving.  This occurred at the intersection of Capital Avenue and Memorial Drive, right in downtown Atlanta.  In Jeff Porter’s vehicle, there was his wife, his son, David, 19 years old, and a fourth passenger, Courtney Williams, 18 years old.  His wife, Kathy Porter, tragically died at the scene.  Jeff Porter, his son and the fourth passenger were all injured but their condition is not available. 

 According to authorities, the Porter family was on their way to the Chick-Fil-A Bowl.  Donal Crozier, the trooper driving the cruiser, was en route to help in a chase nearby Interstate 20.  Crozier, a 10 year veteran, was taken to Grady Memorial Hospital for injuries and released after treatment Saturday night.  His cruiser’s lights and sirens were activated at the time of the motor vehicle crash.

This tragic vehicle crash is currently under investigation by the state Department of Public Safety’s Special Investigation Division, the Georgia Bureau of Investigation, the agency’s Specialized Reconstruction Team, and the Fulton County District Attorney’s Office. 

Our thoughts are with Kathy Porter’s family and friends. 

According to the National Highway Traffic Safety Administration, there were about 5,811,000 traffic crashes reported to the police in 2008.  In those crashes, 37,261 people were killed and 2,346,000 people were injured.  A primary cause of car accidents is driver distraction.  The National Highway Traffic Safety Administration completed a study and found that distraction from the primary job of driving potentially presents serious and deadly danger.  High on the list of these dangers include cell phone use, especially texting, while driving.

Earlier this month, a jury decided that New Hampshire based Segway Inc. and two employees were responsible for 23-year-old John Ezzo’s injuries in the accident, which occurred at a company demonstration of its two-wheeled vehicle at Southern Connecticut State University in New Haven in September 2009.

Ezzo was injured during a competition called the ‘Segway Challenge,’ set up to benefit the Special Olympics. He fell backwards off of the scooter, hitting his head on the ground and suffering brain damage. As a result of his injuries, Ezzo was forced to drop out of college and now works as a handyman. According to the claim, Segway company officials failed to bring helmets with them for the contest, and they encouraged Ezzo to ride through the course blindfolded.

Study Reveals Segway Brain Injury

A 2010 study published in Annals of Emergency Medicine warned that traumatic brain injuries were becoming increasingly linked with Segway accidents. Most of the injuries sustained were from riders who failed to wear a helmet.

Coincidently, the study was released only days after the death of the owner of the Segway company. James Heselden, 62, died apparently after an accident involving a Segway he was riding, which skidded into the Wharfe River near his home in Yorkshire, England. His body was recovered from the river.

TBI in the U.S.

The Centers for Disease Control and Prevention (CDC) reports that, on average, approximately 1.7 million people sustain a traumatic brain injury annually in the United States. Of that number:

• 52,000 die
• 275,000 are hospitalized

TBI is a contributing factor to a third (30.5 percent) of all injury-related deaths in the United States.

Contact Us

If you or a loved one has experienced serious head or brain injury as a result of someone’s intentional act or negligent act, you may want to contact Childers, Schlueter & Smith, LLC to see how they can help protect your legal interests.

A Philadelphia jury ordered pharmaceutical company Pfizer to pay out a $72.6 million settlement in a Prempro lawsuit. Susan Elfont, Bernadette Kalenkoski and Judy Mulderig filed the breast cancer lawsuit when they developing cancer after taking the hormone replacement therapy (HRT) drug.

Prempro is a combination of the drugs Provera and Premarin, designed to artificially boost hormone levels in women undergoing menopause. These drugs are known as hormone replacement therapy (HRT) and are intended to reduce menopausal symptoms such as hot flashes, mood swings and sleep disturbance. Prempro and other HRT drugs have been used by 6 million women.

HRT Drug Cancer Link

A multitude of lawsuits were filed after a 2002 National Institutes of Health (NIH) study found that Prempro users had a much higher incidence of breast cancer. The study revealed that women who had taken Prempro were more likely to:

• Develop breast cancer
• Have breast cancer spread to their lymph nodes
• Eventually succumb to the disease

Pfizer Settlement

The verdict was reached in early December 2011 in the Philadelphia Court of Common Pleas.

The jury awarded Elfont $20 million, Kalenkoski $27.85 million, and Mulderig $24.75 million in damages. However, the jury still has to decide whether Pfizer should pay punitive damages for endangering the lives of women without sufficient warning for their own financial gain.

Additionally, Pfizer could face punitive damages of a much greater value, depending on the further deliberations of the jury.

Pfizer announced in May 2011 that they were prepared to set aside $772 million to settle all claims filed by women who claim that the HRT drug caused them to develop breast cancer. Following the recent verdict in Philadelphia, the drug company announced that an additional $68 million would be allotted to resolve the claims.

Contact Us

If you or a loved one suffered injury due to a dangerous drug like Prempro, you have a right to be compensated. Contact our experienced personal injury attorneys  for a free evaluation of your case. We believe in finding justice for those injured by this dangerous drug.