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Litigation

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Last Entry: August 04, 2011 at 18:04:42

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Georgia High Schools Fail to Protect Players from Oppressive Heat

Posted on August 04, 2011
    By: Buddy Morrison Butler, Wooten & Fryhofer, LLP Columbus, GA   Football is the South's favorite fall tradition.  While the games are usually played on cool autumn nights, high schools begin their preparation in August, during the most brutal heat of the year...


July 28, 2011 Transvaginal Mesh Failure Information

Posted on July 28, 2011
 Transvaginal Mesh Patch Failure A July 2011 FDA alert warns of serious complications associated with transvaginal mesh patches when implanted to treat pelvic organ prolapse (POP) or stress urinary incontinence (SUI). The FDA has received more than 3,800 reports of adverse effects caused by the surgical mesh or during implantation of the patch...


GA Law: Recent Order Regarding Service of Process

Posted on July 28, 2011
 Georgia requires service in a short window after a Complaint has been filed. At the link is a recent Order that may help Georgia licensed lawyer:   www.slideshare.net/mzamoralaw/lee-serviceorder 


Avastin "Cure for Retinopathy of Prematurity?"

Posted on July 20, 2011
 This is a guest post from Richard Shapiro:   Bevacizumab, the generic name for the brand drug Avastin, has slowly, over the last few years, gained in popularity as the drug to not simply augment, but completely replace the well-established and conservative treatment of peripheral retinal ablation (laser surgery)...


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Sample Motion to Consolidate (GA)

Posted on July 19, 2011
                                                  MOTION TO CONSOLIDATE ACTIONS (with incorporated Memorandum of Law)   Plaintiffs, through counsel, file this Motion to Consolidate related matters, for purposes of holding a consolidated hearing on Plaintiff's Motion for Fees and Expenses from both actions and shows the Court as follows: I...


OT: OLA Bobcats Sports Website in Atlanta

Posted on July 19, 2011
 Not law related, just a school that I assist in athletics. We lawyers are human too, you know.    http://www.olabobcats.org/    


CSPC issues recall on gel used to light ceramic fire pots (Napa Home & Garden/Bed Bath and Beyond)

Posted on June 23, 2011
he CPSC has announced the recall of nearly a half-million bottles and jugs of the gel fuel used in the patio decorations. "The pourable gel fuel can ignite unexpectedly and splatter onto people and objects nearby when it is poured into a firepot that is still burning," the Consumer Product Safety Commission said...


John Stossel: Hypocrisy about Tort Reform

Posted on June 16, 2011
 I'm a conservative living in the south who happens to represent consumers. I'm probably more conservative than many defense attorneys in other parts of the country. I'm also one of many lawyers who help folks when they are injured. I'm one of many thousands of lawyers who say "no" to a potential client because of many factors - bad law, bad facts, no one at fault for some perceived wrong...


No to Avastin for Retinopathy Of Prematurity?

Posted on June 10, 2011
There is news this week on a recent article titled: On the use of antiangiogenetic medications for retinopathy of prematurity.  From the article:  In contrast to the adult, the third trimester fetus experiences one of the most intense periods of growth and maturation of its lifetime...


Florida: Zoloft

Posted on June 07, 2011
 Several studies from 2005 onward suggest that antidepressant drugs like Zoloft, Paxil, Celexa, Effexor, Lexapro, Pristiq and Prozac may increase the risk of cardiac birth defects. Mothers who have taken antidepressant drugs during pregnancy have reported these devastating medical problems: Cardiac (heart) defects PPHN (Persistent Pulmonary Hypertension of the Newborn) Neural tube defects (brain and spinal cord) Craniosynostosis (skull defect) Infant omphalocele (abdominal wall defects) Clubfoot (one or both feet turn downward and inward) Anal atresia Cleft lip and cleft palate Limb Defects Taking antidepressants such as Zoloft, in the early stages of pregnancy may alter development of the fetus, a new study indicates...


More signs that a diabetes drug is linked to bladder cancer?

Posted on May 18, 2011
Between 2004 and 2009, more than half a million adverse reactions among people taking anti-diabetic drugs were added to an official U.S. Food and Drug Administration database. Among those reports were 138 instances of bladder cancer in patients taking at least one of more than 15 different anti-diabetic drugs...


Multi Mex Recall of Amoxilina for May, 2011

Posted on May 17, 2011
Multi-Mex Distributor Inc., of Tucker, Ga., is recalling dietary supplements whose packaging appears to be an intentional marketing ploy to mimic antibiotics and may be directed at Hispanic buyers, according to the Food and Drug Administration. The products were distributed to retail stores and distributors in Texas, Georgia, Tennessee, California, Illinois, North Carolina, South Carolina, Colorado and Indiana...


Soladek Vitamin Solution Recall News

Posted on April 05, 2011
 The U.S. Food and Drug Administration is warning consumers to stop using Soladek, a vitamin-solution product marketed by Indo Pharma, S.A., of the Dominican Republic, because the product may contain dangerously high levels of vitamins A and D. Soladek is marketed with claims that the product treats 'hypo and avitaminosis, rickets, growth, dentition, lactation, fractures, infection, convalescence, protection and regeneration of certain epithelium (bronchial, glandular, ocular, cutaneous), corticotherapy, aging and pregnancy...


Multaq and Liver Damage? Update for April 2011

Posted on March 30, 2011
The U.S. Food and Drug Administration (FDA) is alerting healthcare professionals and patients about cases of rare, but severe liver injury, including two cases of acute liver failure leading to liver transplant in patients treated with the heart medication dronedarone (Multaq)...


Retinopathy of Prematurity: Is Treatment with Avastin an Option?

Posted on February 17, 2011
Image via WikipediaAn interesting read from the web this morning from the NEJM. Premature, low  birth weight babies face a minefield of issues when brought into the world. One of most serious issues is the propensity for retinal blood vessels to grow amuck in response to erratic biochemical signals; these vessels can bleed and scar, leading to retinopathy of prematurity (ROP) — a major cause of childhood blindness in the developed and developing worlds...


GA Bar Pres. - Slow Justice Takes an Economic Toll on GA Businesses

Posted on February 15, 2011
Court slowdowns cost Georgians jobs. That fact is part of a compelling read from current Georgia Bar President Lester Tate. He wrote to the Atlanta Journal Constitution the letter below. He confirms with real facts that cutting funding to the justice system, while flooding the courts in some states with foreclosure actions and collection lawsuits grinds the system to a halt...


First Darvocet Case Filed in Georgia State Court 1/7/11

Posted on January 07, 2011
Today attorneys Joe Fried and Mark Zamora filed a Darvocet personal injury case in State Court in Georgia. It alleges a heart injury, among other things. The allegations include negligence, strict liability, and breach of warranties, among others. In the negligence action, among several claims, Plaintiff alleges:   Each Defendant was also Negligent per se in that they violated the following federal safety regulations and laws, each of which was intended for the benefit of individual consumers such as the Plaintiff: Federal Food, Drug and Cosmetic Act, 21 U...


Lupron Legal

Posted on December 04, 2010
Lupron As Hormone Therapy Abbott Labs is the marker of Lupron, more commonly referred to as leuprolide. Lupron is supposed to help both men and women's sexual health, ailing in the treatment of prostate cancer for men and helping to combat endometriosis in women...


Advanced Bionics Announces Voluntary Recall of the HiRes 90K Cochlear Implant

Posted on November 27, 2010
Advanced Bionics has announced today that it has notified the US Food & Drug Administration (FDA) that it will voluntarily recall its HiRes 90K cochlear implant device and is retrieving all unimplanted devices in distribution.    This action is being taken in response to two confirmed instances where the product experienced a malfunction requiring explantation...


Well written Remand Order (USDCT)

Posted on November 20, 2010
Find it here:   http://www.slideshare.net/mzamoralaw/steele-remand-order-11th-circuitFrom the Order:   The question is whether a specific settlement demand, given all the evidence presented, established by a preponderance of that evidence that the amount in controversy exceeds $75,000...


Darvocet Recall: Claims, Injuries, and Lawsuits

Posted on November 20, 2010
The news is out, but what do people know about how the recall came to be? The consumer interest group Public Citizen filed a federal lawsuit last year against the U.S. Food and Drug Administration (FDA) claiming that the agency violated the law by failing to act on a petition filed in 2006, which urged the removal of Darvocet, Darvon and generic propoxyphene drugs from the market because they have been associated with over 2,000 accidental deaths, are physically addictive and are no more effective than other safer painkillers...


Darvon and Darvocet/Propoxyphene Recall News November 19, 2010

Posted on November 19, 2010
The FDA  has asked that propoxyphene, (brand names Darvon and Darvocet, Xanodyne Pharmaceuticals) be removed from the US market. The decision will also affect generic manufacturers and the makers of propoxyphene-containing products. The FDA has told medical professionals to stop prescribing propoxyphene...


Florida State Court Case Regarding Facebook/S.M. Discovery

Posted on October 12, 2010
35 Fla. L. Weekly D1018 is the cite: www.5dca.org/Opinions/Opin2010/050310/5D09-3828.op.pdf IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2010 LORELL HOLLAND, Petitioner, v. Case No. 5D09-3828 KIMBERLY BARFIELD, as Personal Representative for the ESTATE OF BRANDON SCOTT LEDFORD, Respondent...


Recent Medicare Appellate Decision Worth a Read

Posted on October 12, 2010
    Bradley v. Sebelius – 11th Circuit Approves Equitable Distribution of a Settlement to Reduce Medicare Conditional Payment   In this very important decision, Bradley v. Sebelius, the 11th Circuit Court of Appeals approved a probate court's equitable distribution findings to reduce a Medicare conditional payment obligation...


Form: Order permitting Video in Courthouse

Posted on October 11, 2010
ORDER ALLOWING THOMAS AIMS TO ENTER THE FULTON COUNTY COURTHOUSE WITH VIDEO AND TELEVISION EQUIPMENT               Plaintiffs having moved for permission for [NAME] to enter the Fulton County Courthouse with audiovisual equipment at the jury trial of the above-captioned case,             IT IS HEREBY ORDERED that [NAME] be allowed to enter the Fulton County Courthouse with all televisions, video equipment, DVD players receivers, cables, computers and/or related materials which are necessary to play for the jury footage of video depositions which were previously taken in the above-captioned case...


Another Spoliation Letter

Posted on October 11, 2010
Working on a more general letter. Here is what we have had success with in our office:   I represent Mr. X, Representative Plaintiff in the above-styled matter. Contemporaneous with receipt of this letter your counsel has also been served with a draft of the Complaint (hereinafter the 'Complaint') which will be filed in the Superior Court of Red County...


Meridia Withdrawal News

Posted on October 11, 2010
From the FDA: AUDIENCE: Primary Care, Consumers ISSUE: Abbott Laboratories and FDA notified healthcare professionals and patients about the voluntary withdrawal of Meridia (sibutramine), an obesity drug, from the U.S. market because of clinical trial data indicating an increased risk of heart attack and stroke...


Independent Medical Examination

Posted on October 04, 2010
They call it an "independent medical examination."  Really, it is three lies for the price of one. You can't get a better deal at Walmart.  Because it is certainly not independent, there is no medical treatment involved, and there is little, if any, examining going on...


Retinopathy of Prematurity Study (ETROP), Key Study

Posted on September 08, 2010
My office has worked on cases involving ROP in young children. I get asked about what might be the best source for information and to me it's the ETROP study. At age 5 1/2 years, the oldest age for which follow-up data are available, children with threshold ROP who were enrolled in the Cryotherapy for Retinopathy of Prematurity (CRYO-ROP) -- Outcome Study showed fewer treated eyes (31...


Savannah - LNG Tankers in Streets are a bad idea

Posted on August 24, 2010
Recently a Liquid Natural Gas producer suggested it should be allowed to deliver LNG from Savannah, GA throughout the south, to include Atlanta. From Savannahnow.com: A new proposal from the operator of Elba Island, one of the largest importers of liquefied natural gas or LNG in the country, would have some of that natural gas stay in its liquid state and make the journey out of Elba by tanker truck...


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